Consolidated Appropriations Act, 2023
Public Law 117-328
The following are excerpts,
highlighted in red, from the final
legislation and/or conference report which contain references to and
studies for The National Academies of Sciences, Engineering, and
Medicine. (Pound signs [##]
between passages denote the deletion of unrelated text.)
HR2617 Connolly
(D-Va.) 12/28/22
Enrolled
(finally passed both houses)
Making consolidated appropriations
for the fiscal year ending September 30, 2023, and for providing
emergency assistance for the situation in Ukraine, and for other
purposes.
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SECTION 1. SHORT TITLE
This Act may be cited as the “Consolidated Appropriations Act,
2023”.
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SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 ( 42 U.S.C. 1786 ), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(10)
), not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be
used for infrastructure:
Provided further, That the Secretary shall use funds made
available under this heading to increase the amount of a
cash-value voucher for women and children participants to an
amount recommended by the National Academies of Science,
Engineering and Medicine and adjusted for inflation:
Provided further, That none of the funds provided in this account
shall be available for the purchase of infant formula except in
accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally mandated
vendor moratorium and subject to terms and conditions established by
the Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
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Sec. 772.
For an additional amount for the “Office of the Secretary”,
$1,300,000, to remain available until expended, for the Secretary
[of Agriculture], in consultation with the Secretary of the
Department of Health and Human Services, to enter into an agreement
with the National Academies of Sciences, Engineering, and Medicine
to conduct a study of the eight topics and scientific questions
related to alcohol previously published by USDA and HHS and other
relevant topics: Provided, That the panel or panels established by
the National Academies Sciences, Engineering, and Medicine to
conduct the study shall operate in a fully transparent manner and
include a balanced representation of individuals who have expertise
in the health effects of alcohol consumption, are unbiased, and are
free from conflicts of interests: Provided further, That the
findings and recommendations of the study shall be based on the
preponderance of the scientific and medical knowledge consistent
with section 5341 of title 7 of United States Code: Provided
further, That not later than eighteen months after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit its report to the Secretary
of Agriculture, the Secretary of Health and Human Services, and the
Congress of its systematic review and data analysis of the eight
research topics:
Provided further, That the Secretary of Agriculture shall ensure
that the 2025 Dietary Guidelines for Americans process includes a
recommendation for alcohol and shall be based on the preponderance
of scientific and medical knowledge consistent with section 5341 of
title 7 of United States Code: Provided further, That the Secretary
of Agriculture shall ensure the process is fully transparent and
includes a balanced representation of individuals who are unbiased
and free from conflicts of interest.
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ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
Sec. 501. During fiscal year 2023, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published by
the Consumer Product Safety Commission in the Federal Register on
November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) .—the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department of
Defense, completes a study to determine—
(A) the technical validity of the lateral stability and vehicle
handling requirements proposed by such standard for purposes of
reducing the risk of Recreational Off-Highway Vehicle (referred to
in this section as “ROV”) rollovers in the off-road environment,
including the repeatability and reproducibility of testing for
compliance with such requirements;
(B) the number of ROV
rollovers that would be prevented if the proposed requirements were
adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale hangtag about a
ROV’s rollover resistance on a progressive scale; and
(D) the
effect on the utility of ROVs used by the United States military if
the proposed requirements were adopted; and
(2) .—a report containing the results of the study completed under
paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and Transportation of the
Senate;
(B) the Committee on Energy and Commerce of the House
of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
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HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
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(8) $5,000,000 shall be for a cooperative series of agreements with
universities, Federal agencies, the National Academy of Sciences,
transportation agencies, or nonprofit organizations, to examine the
impacts of culverts, roads, and bridges on threatened or endangered
salmon populations: Provided, That, for funds made available under this paragraph, the
Federal share of the costs of an activity carried out with such
funds shall be 80 percent: Provided further, That, except as
otherwise provided under this heading, the funds made available
under this paragraph shall be administered as if authorized under
chapter 5 of title 23, United States Code;
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SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH
OF PROSTATE CANCER
(a) FINDINGS.—Congress makes the following findings:
(1) Prostate cancer is the number one cancer diagnosed in the
Veterans Health Administration.
(2) A 1996 report published by the National Academy of Sciences,
Engineering, and Medicine established a link between prostate cancer
and exposure to herbicides, such as Agent Orange.
(3) It is essential to acknowledge that due to these circumstances,
certain veterans are made aware that they are high-risk individuals
when it comes to the potential to develop prostate cancer.
(4) In being designated as “high risk”, it is essential that
veterans are proactive in seeking earlier preventative clinical
services for the early detection and successful treatment of
prostate cancer, whether that be through the Veterans Health
Administration or through a community provider.
(5) Clinical preventative services and initial detection are some
of the most important components in the early detection of prostate
cancer for veterans at high risk of prostate cancer.
(6) For veterans with prostate cancer, including prostate cancer
that has metastasized, precision oncology, including
biomarker-driven clinical trials and innovations underway through
the Prostate Cancer Foundation and Department of Veterans Affairs
partnership, represents one of the most promising areas of
interventions, treatments, and cures for such veterans and their
families.
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“(d) NATIONAL MEDIA CAMPAIGN TO PREVENT UNDERAGE DRINKING
“(1) IN GENERAL.—The Secretary, in consultation with the National
Highway Traffic Safety Administration, shall develop or continue an
intensive, multifaceted national media campaign aimed at adults to
reduce underage drinking.
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“(4) CONSULTATION REQUIREMENT.—In developing and implementing the national media campaign
described in this section, the Secretary shall review
recommendations for reducing underage drinking, including those
published by the National Academies of Sciences, Engineering,
and Medicine and the Surgeon General. The Secretary shall also consult with interested parties including
the alcohol beverage industry, medical, public health, and consumer
and parent groups, law enforcement, institutions of higher
education, community-based organizations and coalitions, and other
relevant stakeholders.
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“(g) DATA COLLECTION AND RESEARCH
“(1) ADDITIONAL RESEARCH ON UNDERAGE DRINKING.—
“(A) IN GENERAL.—The Secretary shall, subject to the availability
of appropriations, support the collection of data, and conduct or
support research that is not duplicative of research currently being
conducted or supported by the Department of Health and Human
Services, on underage drinking, with respect to the following:
“(i) The evaluation, which may include through the development of
relevant capabilities of expertise within a State, of the
effectiveness of comprehensive community-based programs or
strategies and statewide systems to prevent and reduce underage
drinking, across the underage years from early childhood to age 21,
such as programs funded and implemented by governmental entities,
public health interest groups and foundations, and alcohol beverage
companies and trade associations.
“(ii) Obtaining and reporting
more precise information than is currently collected on the scope of
the underage drinking problem and patterns of underage alcohol
consumption, including improved knowledge about the problem and
progress in preventing, reducing, and treating underage drinking, as
well as information on the rate of exposure of youth to advertising
and other media messages encouraging and discouraging alcohol
consumption.
“(iii) The development and identification of
evidence-based or evidence-informed strategies to reduce underage
drinking, which may include through translational research.
“(iv)
Improving and conducting public health data collection on alcohol
use and alcohol-related conditions in States, which may include by
increasing the use of surveys, such as the Behavioral Risk Factor
Surveillance System, to monitor binge and excessive drinking and
related harms among individuals who are at least 18 years of age,
but not more than 20 years of age, including harm caused to self or
others as a result of alcohol use that is not duplicative of
research currently being conducted or supported by the Department of
Health and Human Services.
“(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated to carry out this paragraph $5,000,000 for each of
fiscal years 2023 through 2027.
“(2) NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY.—
“(A) IN GENERAL.—Not later than 12 months after the date of
enactment of the Restoring Hope for Mental Health and Well-Being Act
of 2022, the Secretary shall—
“(i) contract with the National Academies of Sciences, Engineering,
and Medicine to study developments in research on underage drinking
and the implications of these developments; and
“(ii) report to
the Congress on the results of such review.
“(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated to carry out this paragraph $500,000 for fiscal year
2023.
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SEC. 1234. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY AND REPORT
(a) IN GENERAL.—Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use,
shall—
(1) .—contract with the National Academies of Sciences,
Engineering, and Medicine—
(A) to study the quality and effectiveness of recovery housing in
the United States and whether the availability of such housing meets
demand; and
(B) to identify recommendations to promote the
availability of high-quality recovery housing; and
(2) report to the Congress on the results of such review.
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section,
there is authorized to be appropriated $1,500,000 for fiscal year
2023.
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SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY ON NATURAL IMMUNITY IN RELATION TO THE COVID–19
PANDEMIC
(a) IN GENERAL.—Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek
to enter into a contract with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
“National Academies”) to conduct a study related to the current
scientific evidence on the durability of immunity to COVID–19.
(b) INCLUSIONS.—The study pursuant to the contract under subsection
(a) shall include—
(1) an assessment of scientific evidence related to the durability
of immunity resulting from SARS–CoV–2 infection, COVID–19
vaccination, or both, including any differences between population
groups;
(2) an assessment of the extent to which the Federal
Government makes publicly available the scientific evidence used by
relevant Federal departments and agencies to inform public health
recommendations related to immunity resulting from SARS–CoV–2
infection and COVID–19 vaccination; and
(3) a summary of
scientific studies and evidence related to SARS–CoV–2
infection-acquired immunity from a sample of other countries or
multilateral organizations.
(c) REPORT.—Not later than 18 months after the date of enactment of
this Act, the National Academies shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report on the study pursuant to subsection (a).
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“PART J—Advanced Research Projects Agency–Health.
“SEC. 499A.ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
“(a) ESTABLISHMENT
“(1) IN GENERAL.—There is established within the National
Institutes of Health the Advanced Research Projects Agency–Health
(referred to in this section as ‘ARPA–H’). Not later than 180 days
after the date of enactment of this section, the Secretary shall
transfer all functions, personnel, missions, activities,
authorities, and funds of the Advanced Research Projects Agency for
Health as in existence on the date of enactment of this section, to
ARPA–H established by the preceding sentence.
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“(e) PROTECTION OF INFORMATION
“(1) NO AUTHORIZATION FOR DISCLOSURE.—Nothing in this section shall
be construed as authorizing the Director to disclose any information
that is a trade secret or other privileged or confidential
information subject to section 552(b)(4) of title 5, United States
Code, or section 1905 of title 18, United States Code.
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“(3) CLARIFICATION.—The protections for trade secrets or other
privileged or confidential information described in paragraph (1)
shall not be construed to limit the availability or disclosure of
information necessary to inform and facilitate the evaluation
required under subsection (k)(2).
Any such information made available to members of the National
Academies of Sciences, Engineering, and Medicine (referred to in
this section as the ‘National Academies’) for such evaluation
shall be kept confidential by such members and shall not be used
for any purposes other than informing and facilitating the
evaluation required under subsection (k)(2).
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“(k) REPORTS AND EVALUATION
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“(2) EVALUATION.—
“(A) IN GENERAL.—Not later than 5 years after the date of the enactment of this
section, the Director shall seek to enter into an agreement with
the National Academies under which the National Academies
conducts an evaluation of whether ARPA–H is meeting the goals
and functions specified in subsection (b).
“(B) SUBMISSION OF RESULTS.—The agreement entered into under
subparagraph (A) shall require the National Academies to submit the
evaluation conducted under such agreement to the Director, the
Committee on Health, Education, Labor, and Pensions of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives, and make the report publicly available.
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“(5) PERFORMANCE MEASURES FRAMEWORK.—
“(A) IN GENERAL.—The Director, in consultation with the Advisory
Committee, shall develop a performance measures framework for
programs or projects supported by ARPA–H in order to inform and
facilitate the evaluation required under subsection (k)(2),
including identification of any data needed to perform such
evaluation,
“(B) AVAILABILITY OF PERFORMANCE MEASURES.—The Director shall provide to the National Academies such
performance measures and data necessary to perform the
evaluation required under subsection (k)(2).
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(c) STUDY ON EUROPEAN UNION SAFETY AND EFFICACY REVIEWS OF DRUGS
FOR RARE DISEASES AND CONDITIONS
(1) IN GENERAL.—The Secretary shall enter into a contract with the National
Academies of Sciences, Engineering, and Medicine (referred to in
this section as the “National Academies”) to conduct a study on
processes for evaluating the safety and efficacy of drugs for
rare diseases or conditions in the United States and the
European Union, including—
(A) flexibilities, authorities, or mechanisms available to
regulators in the United States and the European Union specific to
rare diseases or conditions;
(B) the consideration and use of supplemental data submitted during
review processes in the United States and the European Union,
including data associated with open label extension studies and
expanded access programs specific to rare diseases or
conditions;
(C) an assessment of collaborative efforts between United States
and European Union regulators related to—
(i) product development programs under review;
(ii) policies
under development and those recently issued; and
(iii)
scientific information related to product development or regulation;
and
(D) recommendations for how Congress can support collaborative
efforts described in subparagraph (C).
(2) CONSULTATION.—The contract under paragraph (1) shall provide
for consultation with relevant stakeholders, including—
(A) representatives from the Food and Drug Administration and the
European Medicines Agency;
(B) patients with rare diseases or conditions; and
(C) patient groups that—
(i) represent patients with rare diseases or conditions; and
(ii)
have international patient outreach.
(3) REPORT.—The contract under paragraph (1) shall provide for, not
later than 2 years after the date of entering into such
contract—
(A) the completion of the study under paragraph (1); and
(B) the submission of a report on the results of such study to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate.
(4) PUBLIC AVAILABILITY.—The contract under paragraph (1) shall
provide for the National Academies to make the report under
paragraph (3) available to the public, including by posting the
report on the website of the National Academies.
######
(2) STUDY ON INFANT FORMULA.—
(A) IN GENERAL.—Not later than 60 days after the date of enactment of this Act,
the Secretary shall seek to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine
(referred to in this paragraph as the “National Academies”) to
examine and report on challenges in supply, market competition,
and regulation of infant formula in the United States.
(B) CONTENTS OF THE REPORT.—The report developed pursuant to the
agreement under subparagraph
(A) shall—
(i) assess and evaluate—
(I) infant formula marketed in the
United States;
(II) any challenges in supply, or market
competition with respect to such infant formula; and
(III) any
differences between infant formula marketed in the United States and
infant formula marketed in the European Union, including with
respect to nutritional content and applicable labeling and other
regulatory requirements; and
(ii) include recommendations,
including for infant formula manufacturers, on measures to address
supply and market competition in the United States.
(C) FINAL REPORT.—The agreement under subparagraph (A) shall
specify that the National Academies shall, not later than 1 year
after the date of enactment of this Act, complete such study and
submit a report on the results of such study to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
######
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EXPLANATORY STATEMENT (by Division) SUBMITTED BY MR. LEAHY,
CHAIR OF THE SENATE COMMITTEE ON APPROPRIATIONS, REGARDING H.R.
2617, CONSOLIDATED APPROPRIATIONS ACT, 2023
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DIVISION A -AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2023
CONGRESSIONAL DIRECTIVES
The joint explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise noted,
the language set forth in
House Report 117-392
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint explanatory
statement. While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless expressly
provided herein.
######
The agreement directs the Secretary, in consultation with the
Secretary of HHS, to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to conduct a study
related to alcohol consumption. The agreement provides $1,300,000 in
a general provision to carry out this study.
######
The agreement notes that the need for the equine industry and APHIS
to cooperate in order to eliminate the soring of horses has been
consistently recognized. In 2021, the National Academy of Sciences
recognized the importance of objective science-based inspection to
ensure accuracy and fairness. The Committee directs APHIS to continue to utilize existing
resources to implement proven objective science-based inspection
tools for its horse soring inspection protocol.
######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC)
For the Special Supplemental Nutrition Program for Women, Infants, and
Children, the agreement provides $6,000,000,000, which fully funds
expected participation in fiscal year 2023. The agreement includes
$90,000,000 for the breastfeeding peer counselor program and $14,000,000
for infrastructure.
The work of the National Academies of Science, Engineering and
Medicine (NASEM) to review and make recommendations for updating the
WIC food packages to reflect current science and cultural factors is
recognized. The agreement notes, however, that while all revised
packages now allow some fish, the amounts remain low compared to the
recommendations of other authoritative health agencies. The
agreement strongly encourages the Department to consider the health
and cultural benefits of fish consumption as the NASEM
recommendations are reviewed and used to inform the Department's
next course of action. The agreement also strongly encourages the Department to continue to
allow states to submit cultural food package proposals to respond to the
cultural preferences of WIC
participants in states like Alaska.
######
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in House Report 117-395 ( ..
the House report") carries the same weight as language included in this
joint explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint explanatory
statement or the act. The explanatory statement, while repeating some
language for emphasis, is not intended to negate the language referred
to above unless expressly provided herein. In cases where the House
report directs the submission of a report, such report is to be
submitted to both the House and Senate Committees on Appropriations
("'the Committees").
######
SCIENCE
The agreement includes $7,795,000,000 for Science and directs NASA to
provide funding as described in the table above and text below.
NASA is expected to continue making progress on the recommendations
of the National Academies' decadal surveys now and in the
future.
NASA should also ensure that its merit review systems encourage
principal investigators (PI) to use commercial orbital and sub-orbital
platforms.
######
Lunar Discovery.-NASA 's Lunar Discovery and Exploration program shall adhere to the
lunar science priorities established by decadal surveys and the
National Research Council's report, "Scientific Context for the
Exploration of the Moon."
Accordingly, the agreement includes up to $486,300,000 for Lunar
Discovery and Exploration, including up to the request level for
Commercial Lunar Pay load Services (C LPS ), $22, I 00,000 for the Lunar
Reconnaissance Orbiter, and not less than $97,200,000 for the Volatiles
Investigating Polar Exploration Rover (VIPER) mission. Further, NASA is
encouraged to leverage the resources and expertise of both private
industry and universities in advancing its lunar science and exploration
agenda.
#####
Diversify. Realize, Integrate, Venture, Educate (DRIVE)
Initiative.-
The agreement supports the ongoing execution of the DRIVE
initiative. a top priority of the National Research Council Decadal
Survey, and encourages NASA to implement the goal of increasing the
competitive research program to 25 percent of the Heliophysics
budget request to enable the development of new technologies,
including advanced computational tools, establish competitively
awarded DRIVE Science Centers, support multidisciplinary research
collaboration using integrated observatory data, and support early
career investigators.
######
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
######
Equal Pay and Report Data.-In lieu of the House language on "Equal Pay and Report Data" the
agreement notes the release of the report by the National Academies
of Sciences, Engineering and Medicines and directs the Commission to
brief the Committees on Appropriations within 30 days of enactment
of this act on the actions the Commission intends to take in
response to the data and recommendations contained in the
report.
######
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
The following statement to the House of Representatives and the Senate
is submitted in explanation of the agreed upon Act making appropriations
for energy and water development for the fiscal year ending September
30, 2023, and for other purposes. The explanatory statement accompanying
this division is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in
House Report 117-394
carries the same weight as the language included in this explanatory
statement and should be complied with unless specifically addressed to
the contrary in this explanatory statement. While some language is
repeated for emphasis, it is not intended to negate the language
referred to above unless expressly provided herein. Additionally, where
this explanatory statement states that the "agreement only includes" or
"the following is the only" direction, any direction included in the
House on that matter shall be considered as replaced with the direction
provided within this explanatory statement. In cases where the House
report or this explanatory statement has directed a briefing or the
submission of a report, such briefing or report is to be submitted to
the Committees on Appropriations of both Houses of Congress, hereinafter
referred to as the Committees.
######
Corps of Engineers
######
Upper Rio Grande Basin.-A comprehensive approach with the National Academies of Sciences
and the Bureau of Reclamation on water and reservoir management,
operation issues, and climate resiliency within the Upper Rio Grande
Basin (including the Heron, El Vado, Abiquiu, Cochiti, Jemez Canyon,
Elephant Butte, and Caballo Dams and Reservoirs) is
encouraged.
Accordingly, the Corps is directed to provide to the Committees not
later than 90 days after enactment of this Act a briefing on the work
that has been done to date and any additional work that can be done.
######
The agreement includes a provision prohibiting the use of funds in this
Act for reorganization of the Civil Works program.
Nothing in this Act prohibits the Corps from contracting with the
National Academy of Sciences to carry out the study authorized by
section 1102 of AWIA.
######
Nuclear Energy
######
The fiscal year 2020 Act required the Department to contract with
the National Academy of Sciences on a report to study the
non-proliferation and security risks and international safeguards
challenges associated with advanced nuclear reactors and related
fuel cycle technologies, including the fuel cycle for small modular
reactors. The Department is directed to provide to the Committees
not later than 90 days after enactment of this Act a report and
briefing describing how it plans to implement recommendations from
the report, including how it would propose to fund advanced reactors
that produce lower waste yields, compared to traditional
reactors.
######
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HRpt 117-394
- To accompany H.R. 8255 – [M]
making appropriations for energy and water development for the
fiscal year ending September
30, 2023, and for other purposes.
(6/30/22)
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The bill continues a provision prohibiting the use of funds in this
Act to reorganize or transfer the Civil Works functions of the
Corps.
Nothing in this Act prohibits the Corps from contracting with
the National Academy of Sciences to carry out the study
authorized by section 1102 of the AWIA (Public Law
115-270).
######
The recommendation provides up to $20,000,000 to support low-dose radiation research.
The Department is directed to complete the required contract agreement with the National Academy
of Sciences (NAS) to develop a plan for a comprehensive, multi-year independent low dose rate research program.
The Department is encouraged to continue to work through the multi-agency sub-working group on these activities.
######
DIVISION E-FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
The joint explanatory statement accompanying this division is approved
and indicates
Congressional intent. Unless otherwise noted, the
language set forth in
House Report 117-393
carries the same weight as language included in this joint explanatory
statement and should be
complied with unless specifically addressed
to the contrary in this joint explanatory statement.
While some
language is repeated for emphasis, it is not intended to negate the
language referred
to above unless expressly provided herein.
######
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY
COMMISSION
Section 501 prohibits the use of Federal funds in fiscal year 2023
for the adoption or
implementation of the proposed rule on ROVs
until a study by the National Academy of
Sciences is
completed.
######
DIVISION G- DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
The following statement is an explanation of the effects of Division G,
which provides appropriations for the Department of the Interior, the
Environmental Protection Agency (EPA), the Forest Service, the Indian
Health Service, and related agencies for fiscal year 2023. The joint
explanatory statement accompanying this division is approved and
indicates congressional intent. Unless otherwise noted, the language set
forth in House Report 117-400 carries
the same weight as language included in this joint explanatory statement
and should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some language is
repeated for emphasis, it is not intended to negate the language
referred to above unless expressly provided herein. In cases where the
House report or this joint explanatory statement direct the submission
of a report, such report is to be submitted to both the House and Senate
Committees on Appropriations. Where this joint explanatory statement
refers to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee on
Interior, Environment, and Related Agencies and the Senate Subcommittee
on Interior, Environment, and Related Agencies.
######
The Committees appreciate the Agency's work to develop a national
strategy to reduce plastic and other waste in waterways and oceans.
The Committees direct the Agency to provide an update within 90 days
of enactment of this Act on the National Academy of Sciences study,
funded in Public Law 117-I03, of the costs of recycling programs to
State, Tribal, local and municipal governments (including recycling
fees paid directly by residents) and related policy
recommendations.
The Agency is directed to follow the guidance regarding improving
markets for recycled materials included in the joint explanatory statement accompanying Public Law 117-103.
######
Biological Threats and Invasive Species Research Program.-The agreement provides $46,622,000 including $4,970,000 for chronic
wasting disease (CWD) and maintaining the direction for CWD
contained in the joint explanatory statement accompanying
Public Law 117-103. The agreement provides $700,000 for coral disease and $2,000,000 for
research to develop integrated approaches to tick management including
using biodiversity and ecosystem services to lower population counts.
This research should be conducted with coordination from several States
in a region that is most heavily impacted by the prevalence of ticks and
tick-borne disease. The agreement also provides $11,000,000 for invasive
carp research, of which $3,000,000 is for research on grass carp. The
direction found in Senate Report 116-123 is continued for invasive carp,
coral disease, and invasive species research, detection, and response
efforts. Additional resources for invasives species were provided in
Public Law 117-58 to the Office of the Secretary. The requested funding
rebase of $2,620,000 is provided and funding is continued at the enacted
level for white-nose syndrome (WNS) research and the direction found in
Senate Report 116-123 is continued for WNS research.
######
DIVISION H-DEPARTMENTS OF LABOR, HEAL TH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
The explanatory statement accompanying this division is approved and
indicates Congressional intent. Unless otherwise noted, the language set
forth in House Report 117-403 carries
the same weight as language included in this explanatory statement and
should be complied with unless specifically addressed to the contrary in
this explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to above
unless expressly provided herein.
######
Temporomandibular Disorders (TMD).- The agreement encourages
NIDCR to maintain a patient-centered approach in the implementation of
the TMD-IMPACT Concept and to seek collaborators from other government
agencies such as the Department of Veterans' Affairs (VA) and the
Department of Defense (DOD), as well as from within NIH itself.
The agreement directs NIH to provide an update in the fiscal year
2024 Congressional Justification on efforts to implement the next
phase of the initiative, including the recruitment of other NIH ICs
as partners, the role of the patient perspective, and NIDCR's use of
the National Academies of Sciences, Engineering, and Medicine
(NASEM) Report on TMDs and the TMJ Patient-led Roundtable.
######
NATIONAL INSTITUTE ON AGING (NIA)
Alzheimer's Disease and Alzheimer's Disease-Related Dementias
(ADIADRD).-The agreement includes an increase of $226,000,000 across NIH for AD/
ADRD research, including an increase $151,000,000 in NIA and an increase
of $75,000,000 in NINOS, ensuring it remains the largest single effort
of its kind within the agency.
The agreement directs NIA, working with NINOS, to enter into an
agreement with NASEM within 60 days of enactment of this Act to
identify research priorities for preventing and treating AD/ADRD. An
ad hoc committee of NASEM will conduct a study and recommend
research priorities to advance the prevention and treatment of ADI
ADRD. In conducting its study, the committee will: (1) examine and
assess the current state of biomedical research aimed at preventing
and effectively treating AD/ ADRD, along the R&D pipeline from basic
to translational to clinical research; (2) assess the evidence on
nonpharmacological interventions aimed at preventing and treating
AD/ADRD; (3) identify key barriers to advancing AD/ ADRD prevention
and treatment ( e.g., infrastructure challenges that impede large
scale precision medicine approaches, inadequate biomarkers for
assessing response to treatment, lack of diversity in biobanks and
clinical trials), and opportunities to address these key barriers
and catalyze advances across the field; and ( 4) explore the most
promising areas of research into preventing and treating AD/ADRD.
The committee's study will include dementia caused by Alzheimer's
disease as well as related conditions such as frontotemporal
disorders, Lewy body dementia, vascular dementias, and multiple
etiology dementias. Dementias with a clear etiology ( e.g., incident
stroke, AIDS, traumatic brain injury) will be excluded from the
analysis. Based on its review of the literature, consultations, and
other expert input, the committee will
develop a report with its
findings, conclusions, and specific recommendations on research
priorities for preventing and treating AD/ADRD, including
identifying specific near and medium-term scientific questions
(i.e., in a 3 to IO year period) that may be addressed through NIH
funding. The report will also include strategies for addressing
major barriers to progress on these scientific questions. The
agreement includes $1,500,000 within the total funding for NIA for
AD/ ADRD research to cover the costs of this study.
######
Autoimmune Diseases.-Since many autoimmune diseases affect women predominantly, the
agreement includes $10,000,000 to implement the recommendations of a
recent NASEM report to establish an Office of Autoimmune Disease
Research (OADR) within the Office of Research on Women's Health
(ORWH). The agreement directs OADR to: ( 1) coordinate the development of a
multi-IC strategic research plan with concrete, meaningful milestones to
set priorities; (2) as part of the internal and external outreach for
the strategic plan, identify emerging areas of innovation and research
opportunity; (3) coordinate and foster collaborative research across
ICs; ( 4) annually evaluate the autoimmune research portfolio to
determine progress made across NIH; (5) provide resources to support
planning, collaboration, and innovation; and (6) develop and oversee a
publicly accessible central repository for autoimmune disease research.
The agreement directs ORWH and OADR to brief the Committees within 150
days of enactment of this Act on NIH's efforts to stand up OADR and the
status of the aforementioned directives.
######
Heritable Genetic Information Study.-The agreement directs NIH to enter into an agreement with NASEM
within 60 days of enactment of this Act to identify the biological
basis of health risks relevant to the regulation of heritable
genetic information in food animals. NASEM will conduct a study to
identify genetic and other molecular mechanisms that could present
risks to human health based on heritable genetic information
(natural, induced, intended, or designed) in food animal species. In
conducting this study, NASEM will: ( 1) identify biological
mechanisms that may present novel hazards associated with animal
food species that harbor intended, induced, or designed heritable
genetic information that would not be presented by standard breeding
or reproductive technologies practiced in animal agriculture; (2)
assess the absolute and relative likelihood of animal agricultural
presenting such hazards; and (3) identify experimental strategies
and methodologies to evaluate the human safety of animals ( or the
derived agricultural products) that harbor intended, induced, or
designed heritable genetic information for agricultural
applications. Based on its review of the literature, consultations
with the Departments of Health and Human Services and Agriculture,
and other expert input, NASEM will report its findings, conclusions,
and recommendations, including identification of specific near- and
medium-term scientific questions (i.e., in a 3 to IO year period)
that may be addressed through NIH or HHS funding. The report will
also include strategies for addressing major scientific or technical
barriers to progress on these scientific questions. The agreement
provides $1,300,000 to cover the costs of this study.
######
Office of Research on Women's Health (ORWH).-The agreement
includes $76,480,000 for ORWH. Within the total for ORWH, the agreement
provides $5,000,000, an increase of $1,000,000 above the fiscal year
2022 enacted level, for the Building Interdisciplinary Research Careers
in Women's Health (BIRCWH) program to fund additional BIRCWH fellows at
existing sites.
To address the persistent gaps that remain in the knowledge of
women's health, the agreement includes $2,000,000 within ORWH to
contract with NASEM to conduct a study on the gaps present in
women's health research across all NIH ICs. Specifically, the study
should be designed to explore the proportion of research on
conditions that
are more common or unique to women, establish
how these conditions are defined and ensure that it captures
conditions across the lifespan, evaluates sex differences and racial
health disparities, and determine the appropriate level of funding
that is needed to address gaps in women's health research at NIH.
The agreement requests NASEM, not later than 18 months after the
date on which the agreement is entered, to submit to Congress a
report containing the findings of the study and the recommendations
to address research gaps in women's health research, including
measurable metrics to ensure that this research is accurately
tracked to meet the continuing health needs of women.
As mentioned above, the agreement also includes $10,000,000 within OR WH
to establish the Office of Autoimmune Disease Research.
######
Children 's Interagency Coordinating Council.- The agreement
includes $3,000,000 for the Children's Interagency Coordinating Council
to foster greater coordination and transparency on child policy across
agencies.
The Council shall enter into agreement with NASEM to prepare a
report to Congress analyzing federal policies that have affected
child poverty. The study should rely on the U.S. Census Bureau
Supplemental Poverty Measure, among other sources of information.
The Council will also examine and periodically report on a broad
array of cross-cutting issues affecting child well-being.
######
Office on Women's Health (OWH) Breastfeeding Analysis.-
The agreement includes $1,250,000 for OWH to enter into an
agreement with NASEM to provide an evidence-based, non-partisan
analysis of the macroeconomic, health, and social costs of U.S.
breastfeeding rates and national breastfeeding goals, as described
under this heading in House Report 117-403.
######
Newborn Screening.-The agreement includes $1,000,000 for the Department to commission
a study with the National Academy of Medicine to examine the current
status of Newborn Screening systems, processes, and research and
make recommendations for future improvements, as described under
this heading in House Report 117-403.
######
Women's Health Research Study.-The agreement directs the Secretary to coordinate with NIH and
NASEM in support of research that explores persistent gaps of
knowledge of women's health.
######
Assessment.-The agreement includes $185,000,000, including
$10,000,000 for research and development, for the Assessment program.
Amounts and activities related to research and development investments
are directed to be described separately in the required operating plan
and future Congressional Justifications.
The operating plan required by House Report 117-403 shall include a
description of actions implemented and planned to address each of
the recommendations of the September 2022 National Assessment of
Educational Progress (NAEP) Internal Controls Assessment Report and
National Academies of Sciences, Engineering, and Medicine consensus
study report entitled "A Pragmatic Future for NAEP: Containing Costs
and Updating Technologies."
Program Administration.-
IES and NCES are directed to also describe in the operating plan
directed in House Report 117-403 implementation plans and associated
timelines for recommendations of the National Academies of Sciences,
Engineering, and Medicine in the "Future of Education Research at
IES" and "A Vision and Roadmap for Education Statistics."
######
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
The agreement requests a briefing within 180 days of enactment of this
Act on safety and health efforts of individuals working in agriculture.
**********************************************************************************
HRpt 117-403
- To accompany H.R. 8295 – [M]
making appropriations for the Departments of Labor, Health and Human
Services (except the Food and Drug Administration, the Agency for Toxic
Substances and Disease Registry and the Indian Health Service), and
Education, and the Committee for Purchase from People Who Are Blind or
Severely Disabled, Corporation for National and Community Service,
Corporation for Public Broadcasting, Federal Mediation and Conciliation
Service, Federal Mine Safety and Health Review Commission, Institute of
Museum and Library Services, Medicaid and CHIP Payment and Access
Commission, Medicare Payment Advisory Commission, National Council on
Disability, National Labor Relations Board, National Mediation Board,
Occupational Safety and Health Review Commission, Railroad Retirement
Board, and Social Security Administration for the fiscal year ending
September 30, 2023, and for other purposes.
(7/5/22)
--- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- ---
######
Study on the Health Impact of Pesticide Use on Children in
Agriculture.--The Committee includes $1,000,000 for the Department to contract
with the National Academies of Sciences, Engineering, and Medicine
(NASEM) to study the impact of pesticide exposure on children
working in agriculture. Pesticides have a detrimental effect on
human health, with children among the particularly vulnerable, and
low levels of pesticide exposure can affect children's neurological
and behavioral development. The Committee encourages NASEM to review
other environmental hazard-related exposures on children in agriculture as well.
######
Black Men and Women Pursuing Medicine and Science.--The Committee supports the efforts of the National Academies Roundtable on Black Men and Black Women in Science, Engineering,
and Medicine and its efforts to develop specific programs to increase numbers and effectiveness of Black men and
women pursuing medicine and science and commends NIH for
participating. The Committee directs the Immediate Office of the
Director to allocate increased resources from the Common Fund of the
diversity program consortium to the National Academies Roundtable on
Black Men and Black Women in Science, Engineering, and Medicine to
address the increasing underrepresentation of Black men in medical
schools and in the biomedical research profession.
######
Children's Interagency Coordinating Council.--The Committee notes that
the COVID-19 pandemic has contributed to a further decline in the
economic standing, education, and physical and mental health status of
low-income children, particularly among children in Hispanic, African
American, Asian American, Native Hawaiian, Pacific Islander, and
American Indian/Alaska Native families. Data shows that the COVID-19
pandemic is causing more children to experience poverty and resulting in
additional hardships including educational gaps and negative mental
health impacts. The Committee supports collaboration amongst HHS, the
Department of Energy, the Department of Justice, the Department of
Agriculture (USDA), United States Agency for International Development,
and other Federal agencies to address these pressing problems.
To foster greater coordination, collaboration, and transparency on
child policy across agency lines, the Committee again directs the
Secretary to establish a Children's Interagency Coordinating
Council. Among other tasks, the Council shall enter into an
agreement with the National Academy of Sciences to provide an annual
report to Congress analyzing and monitoring how existing and
emerging Federal policies have affected child poverty using the U.S.
Census Bureau Supplemental Poverty Measure. In addition, the Council
will examine and periodically report on a broad array of
comprehensive and cross-cutting issues affecting child
well-being.
######
Newborn Screening.--The Committee includes $1,000,000 for HHS to commission a study
with the National Academy of Medicine to examine the current status
of Newborn Screening systems, processes, and research and make
recommendations for future improvements that would include: the
recommended uniform screening panel review and recommendation
process; the barriers and support to add new Recommended Uniform
Screening Panel conditions to State screening panels; assessments of
State capacity to strengthen current screening processes and
implement screening for new conditions; recommendations for
optimizing federally and privately funded newborn screening
research; new and emerging technologies that would permit screening
for new categories of disorders and how technology impacts States;
technological and other infrastructure needs to improve diagnosis,
follow-up and public health surveillance;
communication and
educational needs for stakeholders; data
collection on disease
prevalence and improved long term outcomes; and the impacts of
newborn screening efforts on newborn morbidity and mortality.
######
Sickle Cell Interagency Working Group.--The Committee notes
approximately 100,000 Americans are living with sickle cell
disease, an inherited blood
disorder that causes pain, infection, and stroke. This disease
disproportionately affects Black Americans.
The National Academies of Sciences, Engineering, and Medicine
(NASEM) report ‘Addressing Sickle Cell Disease: A Strategic Plan and
Blueprint for Action’ provides important recommendations for
improving the health and quality of life for sickle cell disease
patients, including a hub and spoke ‘Centers of Excellence’ care
model. The Committee urges HHS to encourage the Sickle Cell
Interagency Working Group to utilize the NASEM report to develop a
plan for treatment centers address the unmet care needs for patients
with sickle cell disease, sickle cell trait and other heritable
hemoglobinopathies. The Committee requests a report within 180 days
of the date of enactment of this Act on the working
group's progress.
######
Breastfeeding Analysis.--The Committee includes $1,250,000 for the Office on Women's Health
to enter into an agreement with the National Academy of Sciences
(NAS) to provide an evidence-based, non-partisan analysis of the
macroeconomic, health, and social costs of U.S. breastfeeding rates
and national breastfeeding goals. This analysis should include a
differential analysis of the current policies, programs, and
investments aimed at increasing breastfeeding initiation, improving
3- and 6-month exclusive breastfeeding rates, reducing racial,
geographic, and income-related breastfeeding disparities, and
reducing U.S. reliance on formula. NAS should propose
recommendations for achieving the Healthy People 2020 and 2030
breastfeeding goals by 2030. The Committee requests a briefing on
this analysis within 90 days of the date of enactment of this
Act.
######
Public Health Emergency Medical Countermeasures Enterprise.--The Committee is aware that the National Academies of Sciences,
Engineering, and Medicine released a report in November 2021,
Ensuring an Effective Public Health Emergency Medical
Countermeasures Enterprise, that provides recommendations for a
re-envisioned Public Health Emergency Medical Countermeasures
Enterprise (PHEMCE).
Four priority areas of improvement emerged including collaborating more
effectively with external public and private partners. The Committee
encourages efforts by the PHEMCE to create an advisory committee
incorporating private sector and non-federal partners and stakeholders
to enhance transparency and communication, identify and close gaps, and build collaborative
solutions.
######
DIVISION J -MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in
House Report 117-391 carries the same
weight as language included in this joint explanatory statement and
should be complied with unless specifically addressed to the contrary in
this joint explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to above
unless expressly provided herein.
######
PFAS.-The agreement directs VA to continue collaborating with DOD's PFAS
Task Force, academia, and other health institutions and agencies to
monitor research activities, results, and publications on the health
effects from PF AS, in addition to taking an active role of its own.
Furthermore, the Department is directed to report to the Committees
within 120 days after enactment of this Act on the PFAS testing that
will be undertaken at VA, and whether evidence based information
included in recommendations by the National Academies of Sciences,
Engineering and Medicine will impact VA decisions related to blood
testing for this chemical and establishing a PF AS registry for
certain veterans ( e.g., military firefighters).
######
DIVISION L-TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023 CONGRESSIONAL
DIRECTIVES
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in House Report 117-402
carries the same weight as language included in this joint explanatory
statement and should be complied with unless specifically addressed to
the contrary in this joint explanatory statement. While some language is
repeated for emphasis, it is not intended to negate the language
referred to above unless expressly provided herein. In cases where the
House has directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on Appropriations. The
Department of Transportation [DOT] and the Department of Housing and
Urban Development [HUD] are directed to notify the House and Senate
Committees on Appropriations seven days prior to the announcement of a
new program, initiative, or authority. Any reprogramming requests must
be submitted to the Committees on Appropriations no later than June 30,
2023.
######
FEDERAL–AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
The agreement limits obligations for the Federal-aid highways
program to $58,764,510,674 in fiscal year 2023.
Implementation plan.—The agreement directs the FHWA to brief the House and Senate
Committees on Appropriations on the implementation plan for
conducting the research outlined in the transportation research
board’s truck size and weight research plan within 30 days of
enactment of this act.
######
railroad research and development
######
Safe transportation of energy products.-The agreement provides
up to $2,000,000 to research and mitigate risks associated with the
transportation of crude oil, ethanol, liquefied natural gas [LNG], and
other hazardous materials, including tank car research in partnership
with other Federal agencies.
The FRA is directed to continue to undertake comprehensive efforts
in collaboration with the Pipeline and Hazardous Materials Safety
Administration [PHMSA] to identify and address gaps in research
relating to the transportation of LNG in rail tank cars, including
recommendations from the transportation research board special
reports 339 and 345, which should inform rulemaking.
######
**********************************************************************************
HRpt 117-402
- To accompany H.R. 8294 – [M] making appropriations for the
Departments of Transportation, Housing and Urban Development, and
related agencies for the fiscal year ending September 30, 2023.
(7/5/22)
---
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--- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
---
######
Truck size and weight.--In fiscal year 2020, the Committee directed the Department to
expeditiously develop an implementation plan, including projected
timelines, for conducting the research outlined in the
Transportation Research Board's Truck Size and Weight Research Plan,
which outlines numerous projects that are essential to understanding
the impacts of different truck configurations on driver safety, the
service life and deterioration rates of bridges, and the condition
of pavement, as well as potential impacts of such changes on the
long-term solvency of the Highway Trust Fund. The Committee notes that it
has not yet received the implementation plan required by Congress in
fiscal year 2020 and directs FHWA to brief the House and Senate
Committees on Appropriations on its progress to finalize the
implementation plan within 30 days of enactment of this Act. The results
of this research should be considered by the Department and Congress
before any national changes in truck length or weight policy are
considered.
######
Salmon recovery.--The Committee provides $5,000,000 to establish a cooperative series
of agreements with universities, Federal agencies, the National
Academy of Sciences, transportation agencies and/or nonprofit
organizations with demonstrated capacity and expertise to conduct
aligned investigations and studies to advance the biologic,
hydraulic, geomorphologic, cultural, and other scientific
engineering to help mitigate and improve the impacts of culverts,
roads, and bridges on threatened or endangered salmon
populations.
The aligned outcomes will assist with identifying, prioritizing for
future funding, and providing scientific and engineering approaches
applicable to highway infrastructure improvement projects that will
reduce these impacts and enhance recovery efforts.
######
The consolidated rail
infrastructure and safety improvements grant program is authorized by
section 22907 of title 49, United States Code, to improve the safety,
efficiency, and reliability of passenger and freight rail transportation
systems. Eligible activities include a wide range of capital, safety
technology deployment, trespassing prevention measures, regional and
corridor planning, environmental analyses, research, workforce
development, and training projects.
States, a group of states, interstate compacts, public agencies or
publicly chartered authorities established by one or more states,
political subdivisions of a state, Tribes, Amtrak or other intercity
passenger rail operators, class II or class III railroads and
associations representing such railroads, rail carriers and rail
equipment manufacturers in partnership with a public entity, the
transportation research board, university transportation centers,
and non-profit rail labor organizations are eligible to apply for
this competitive grant program.
######
In April 2021, the PHMSA entered into an agreement with the
National Academies of Sciences, Engineering, and Medicine to conduct
an independent study by an expert panel of the transportation
research board (TRB) on the transportation of LNG in rail tank cars
as required by the Further Consolidated Appropriations Act, 2020
(P.L. 116-94). TRB is conducting this study in two phases. In phase
1, the expert panel reviewed completed, ongoing, and planned PHMSA
and FRA research, testing, and data analysis tasks relating to the
transportation of LNG in rail tank cars, releasing a report on June
14, 2021. The expert panel found that while the PHMSA-FRA work is
comprehensive as planned, there are areas ‘where more complete
treatment is warranted, and where the basis for choices about the
structure and execution of tasks . . . has not been made
sufficiently clear to assess the applicability and validity of the
results.’ Further, the expert panel made recommendations on planned
tasks related to LNG safety that have not been completed, including
changes to portable tank fire testing, updates to modeling for
worst-case scenarios, and adding loading and unloading operations
and train assembly and classification activities to the assessment
of the risk of LNG by rail. The Committee is pleased with the
PHMSA's work to implement the expert panel's recommendations, and
notes that several ongoing research and development projects are in
direct response to these recommendations. The Committee directs the
PHMSA to brief the House and Senate Committees on Appropriations no
later than 90 days after enactment of this Act on the outcomes of
these activities, and the status of the PHMSA's efforts to implement
the expert panel's recommendations. In phase 2, which began in June
2021, the expert panel is gathering and analyzing information
relating to the transportation of LNG in rail tank cars, including
information on methods used to transport LNG by other modes, train
operational controls, and emergency response planning. The Committee
understands that the transportation of LNG in rail tank cars is
likely to occur in unit trains and continues to encourage the TRB
expert panel to include a safety analysis of such bulk shipments as
part of its phase 2 work. Further, the Committee reminds the PHMSA
of the requirement in House Report 116-452 to brief the House and
Senate Committees on Appropriations no later than 30 days after TRB
completes phase 2 on actions the agency plans to take in response to
the results of phase 2. The Committee continues to assert that the
ongoing research projects and TRB study should inform the
Department's decision-making and rulemaking on this matter.
#####