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DIVISION H—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
######
RESEARCH AND TECHNOLOGY
######
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $21,000,000, of which
$14,218,000 shall remain available until expended for (1) $5,000,000
for new competitive grants under section 5505 of title 49, United
States Code, for Tier I University Transportation Centers, (2)
$1,000,000 for the establishment of an emergency planning
transportation data initiative to conduct research and develop
models for data integration of geo-located weather and roadways
information for emergency and other severe weather conditions to
improve public safety and emergency evacuation and response
capabilities, (3) $1,000,000 for the Secretary of Transportation to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study through the Transportation
Research Board on effective ways to measure the resilience of
transportation systems and services to natural disasters,
natural hazards, and other potential disruptions, and (4) $5,000,000 for the
establishment of a Highly Automated Systems Safety Center of
Excellence as required in section 105 of this Act: Provided, That
such amounts are in addition to amounts previously provided for Tier
I University Transportation Centers: Provided further, That such
amounts for additional Tier I University Transportation Centers
under this heading are provided notwithstanding section
5505(c)(4)(A) of title 49, United States Code: Provided further,
That there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to
be deemed to be a reference to the Office of the Assistant Secretary
for Research and Technology of the Department of Transportation.
######
*******************************************************************************************************************************************************************
JOINT EXPLANATORY STATEMENT (By Division)
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DIVISION A-DEPARTMENTS OF LABOR, HEAL TH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2020
The explanatory statement accompanying this division is approved and
indicates Congressional intent. Unless otherwise noted, the language set forth in House Report
116-62 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.
In providing the operating plan required by section 516 of this
Act, the departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 116-62 and this explanatory
statement accompanying this Act. All such programs, projects, and activities are subject to the
provisions of this Act.
######
NATIONAL INSTITUTES OF HEALTH
######
The bill directs NIH to include updates on the following research,
projects, and programs in their fiscal year 2021 Congressional
Justification:
• Alopecia Areata
• Aortic Aneurysm and Fibrosis
• Congenital Heart Disease
• Government-wide collaborations, particularly with the Departments
of Defense (DoD) and Veterans Affairs (VA)
• Gynecologic cancer clinical trials
• Liver cancer
• Melanoma
• NCI Specialized Programs of Research Excellence
• Pain management, including multi-agency partnership with NCCIH,
DoD, and VA
• Pediatric Cancer
• Pediatric MATCH
• Progress on the development and advancement of non-opioid chronic
pain therapies
•
Psycho-social Distress Complications related to recommendations
made in the 2008 Institute of Medicine report Cancer Care for
the Whole Patient: Meeting Psychosocial Health Needs
• Rare cancers
• Research Project Grant, R21, PO 1, and RO 1- Equivalent Cumulative
Investigator Rates by NIH Institute and Center
• Suicide
• Temporomandibular Disorders
• Threat of emerging infectious disease, including a progress report
on the use of machine learning and validated mechanistic models to
advance critical 50
• biomedical research, improve decision support for epidemiological
interventions, and enhance human health
• Traumatic Brain Injury, including information on a coordinated
portfolio, specifically regenerative medicine and neuroplasticity
######
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(NIAID)
AIDS Conference.-The agreement includes $5,100,000 for the
U.S. contribution to the AIDS2020 Conference.
Antimicrobial Resistance.-The agreement includes
$511,000,000 within NIAID for research related to combating
antimicrobial resistance (AMR), an increase of $50,000,000. In
April, the United Nations issued a report that, like the 2016 review
sponsored by the government of the United Kingdom and Wellcome
Trust, warned that rampant overuse of antibiotics and antifungal
medicines in humans, livestock, and agriculture could erase much of
the improvement in public health achieved since the development of
the first antimicrobials in the 1940s. The agreement includes $1,700,000 to fund a National Academies
of Sciences, Engineering, and Medicine (NASEM) study to examine
and quantify the long-term medical and economic impacts of
increasing AMR in the U.S. The review should examine progress
made on the U.S. National Strategy and Action Plan for Combating
Antibiotic-Resistant Bacteria, including domestic and
international strategies employed by NIH, CDC, FDA, ASPR, USDA,
and USAID. The NASEM report should make recommendations to
address any gaps in research and development of therapeutics and
diagnostics; efforts to move new products to market; animal and
human surveillance, prevention efforts, international
coordination and collaboration; and any other recommendations
NASEM finds relevant to stopping the spread of AMR. The agreement directs NIAID to report on trends in AMR-related
Research Project Grants, including the success rates for such
grants, and requests an update on these activities in the fiscal
year 2021 Congressional Justification, including an overall
assessment of the progress to date of efforts to address AMR.
######
OFFICE OF THE DIRECTOR (OD)
######
Autoimmune Conditions.-Autoimmune diseases are more common
in women than in men, typically manifesting in their childbearing
years. They include conditions such as rheumatoid arthritis,
multiple sclerosis, lupus, celiac disease, inflammatory bowel
disease, and type 1 diabetes and together affect an estimated five
to seven percent of Americans. Many affected women live with a
second autoimmune illness or other condition. Despite the impact of
these diseases and conditions on a domestic population ranging
between 15,000,000-25,000,000, there is no single office within NIH
tasked with coordinating research across the agency, or examining
the complex interplay among these diseases and conditions. The 2010 NASEM study on Women's Health Research identified
autoimmune conditions as "the leading cause of morbidity in
women, greatly affecting quality of life." Despite their impact,
the report found that "little progress has been made in
understanding the conditions better, in identifying the risk
factors, or in developing diagnostic tools, better treatments,
or cures." The agreement includes $1,500,000 for NIH to contract
with NASEM to identify and review NIH's research efforts in this
broad area of predominantly women's health. The review should
explore NIH's research in autoimmune and coexisting disorders,
including any barriers to such research, and the most promising
areas for future research that would benefit the greatest number
of patients. The review should also identify trends among the
population suffering from these conditions, and any significant
barriers to accurate diagnoses. Finally, the NASEM report should
make recommendations for how NIH could improve and better
coordinate research into these diseases and conditions,
including the potential effects of establishing dedicated
research entities within or external to NIH.
######
Harassment Policies.-The NASEM report released last year found that sexual
harassment is rampant in the labs and institutions supported by
NIH. The Committees believe NIH must play a more active role in
changing the culture that has long perpetuated the
problem. The Committees direct NIH to require institutions to notify the
agency when key personnel named on an NIH grant award are removed
because of sexual harassment concerns and to submit to the
Committees plans to implement measures that attend to harassment in
extramural settings with the same level of attention and resources
as those devoted to other research misconduct. The Committees also
direct NIH to support research in the areas identified in the
report, including the psychology underlying harassment and the
experiences and outcomes of diverse groups when subjected to
harassment. Additionally, the Committees direct NIH to collaborate with
NASEM to develop best practices for developing more diverse and
inclusive cultures in the grantee research environments,
including training individuals in institutions that receive NIH
funds to recognize and address sexual harassment, and evaluating
the efficacy of various sexual harassment training
programs.
######
Organ Donation and Transplantation.-The agreement includes $1,500,000 to contract with and fund a
NASEM study to examine and recommend improvements to research,
policies, and activities related to organ donation and
transplantation. The report shall include: (1) identification of
current challenges involved in modeling proposed organ
allocation policy changes and recommendations to improve
modeling; (2) recommendations about how costs should be factored
into the modeling of organ allocation policy changes; (3) a
review of scoring systems (e.g., CPRA, EPTS, KDPI, LAS, MELD,
etc.) or other factors that determine organ allocation and
patient prioritization and recommendations to assure fair and
equitable practices are established, including reducing
inequities affecting socioeconomically disadvantaged patient
populations; (4) recommendations to update the OPTN's policies
and processes to ensure that organ allocation decisions take
into account the viewpoints of expert OPTN committees; and (5)
such other issues as may be identified.
#####
Temporomandibular Disorders.-For the first time, the
nation's leaders in health and medicine are enlisting experts to
review all aspects of TMD, generating recommendations for research,
regulation, and policy. To continue to build on advances in coordinated research and
treatment, the agreement asks OD, as it continues to work with
NASEM on the study, to explore the creation of a NIH
inter-Institute TMD working group and to report to the
Committees within 90 days following the publication of the final
report.
######
Inclusion in Clinical Research.-The agreement directs NIH to fund a NASEM study examining and
quantifying the long-term medical and economic impacts of the
inclusion of women and racial and ethnic minorities in
biomedical research and subsequent translational work, and has
provided $1,200,000 to fund this effort. NIH is directed to
report to the Committees on this issue and it should include a
review of the existing research on the long-term economic
benefits of increasing the participation of women and racial and
ethnic minorities in clinical trials and biomedical research,
including an analysis of fiscal implications of inclusion on the
nation's overall healthcare costs; examine new programs and
interventions in medical centers that are currently working to
increase participation of women of lower socioeconomic status
and women who are members of racial and ethnic minority groups;
identify programs that are positively addressing issues of
underrepresentation; and analyze whether and how those programs
are replicable and scalable; and identify more inclusive
institutional and informational policies and procedures to
improve health outcomes for racial and ethnic minorities,
including health referral forms, continuing education classes,
and more.
BUILDINGS AND FACILITIES
The bill includes $225,000,000 from HHS' Nonrecurring Expenses Fund
for buildings and facilities. The agreement directs NIH to provide a report with the fiscal
year 2021 Congressional Justification describing the steps it
has taken and will take to implement the recommendations in the
2019 NASEM report Managing the NIH Bethesda Campus' Capital Assets in a
Highly Competitive Global Biomedical Research
Environment. There is a particular interest in the actions NIH is taking
to apply the recommendations to update the Buildings and
Facilities prioritization model, develop an annual budget
request for Backlog of Maintenance and Repair, and strengthen
its internal governance process, including assigning and
empowering a senior leader to manage capital planning.
######
DIVISION B - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2020
CONGRESSIONAL DIRECTIVES
The statement is silent on provisions that were in both the
House Report (H.Rpt. 116-107) and Senate Report (S.Rpt. 116-110)
that remain unchanged by this agreement, except as noted in this
statement.
The House and Senate report language that is not changed by the
statement is approved and indicates congressional intentions.
The statement, while repeating some report language for
emphasis, does not intend to negate the language referred to
above unless expressly provided herein.
######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC)
The agreement provides $6,000,000,000 for the Special Supplemental
Nutrition Program for Women, Infants, and Children.
The agreement fully funds anticipated participation for fiscal year
2020. Included in the agreement is $90,000,000 for breastfeeding
peer counselors and $14,000,000 for infrastructure.
The work of the National Academies of Science (NAS) 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 NAS
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 C -ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
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, 2020, and for other purposes.
This explanatory statement, while repeating some report
language for emphasis, does not intend to negate the language
and allocations set forth in House Report 116-83 ("House report") and Senate Report 116-102 ("
Senate report" ) and that direction shall be complied with
unless specifically addressed to the contrary in the
accompanying bill or explanatory statement. Additionally, where
this explanatory statement states that the "agreement only
includes" or "the following is the only" direction, any
direction included in the House or Senate report on that matter
shall be considered as replaced with the direction provided
within this explanatory statement. In cases where the House or the Senate has directed the submission
of a report, such report is to be submitted to the Committees on
Appropriations of both Houses of Congress. House or Senate reporting
requirements with deadlines prior to or within 15 days of the
enactment of this Act shall be submitted not later than 60 days
after enactment of this Act. All other reporting deadlines not
changed by this explanatory statement are to be met.
######
FUEL CYCLE RESEARCH AND DEVELOPMENT
######
Used Nuclear Fuel Disposition R&D.-Within available funds,
the Department is directed to study the behavior of spent fuel under
transportation conditions and opportunities to improve safety of
spent fuel rods during transportation.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 90 days
after enactment of this Act a report on innovative options for
disposition of high-level waste and spent nuclear fuel management.
Priority should be given to technological options that are
cost-effective, are able to be implemented in the short term, and
consider siting stakeholder engagement. The Department is encouraged
to use research and development funding for innovative technological
options.
The National Academies of Sciences, Engineering, and Medicine
is directed to evaluate the merits and viability of different
nuclear fuel cycles and technology options, including both
existing and future technologies. The evaluation must account
for linkages among all elements of the fuel cycle (including
waste transportation, storage, and disposal) and for broader
safety, security, and non-proliferation concerns.
The Department is directed to contract with the National
Academy of Sciences (NAS) not later than 60 days after enactment
of this Act to conduct a comprehensive, independent study on the
waste aspects of advanced reactors. The NAS shall convene a
committee whose members have expertise in advanced nuclear
reactors, nuclear waste disposal, reprocessing, economics, and
other areas of expertise that the NAS considers essential for
completion of the study. Also, the NAS committee' s consensus
study report shall provide findings and recommendations that may
consider policy options as long as those do not involve
non-technical value judgements. The study' s assessment shall
include typical volumes and characteristics of waste streams
from various proposed advanced nuclear reactor technologies,
including radioisotopes of concern, radioactivity level, and
thermal load. Advanced reactor technologies shall include the
designs under consideration by the Generation IV International
Forum and by the Department of Energy. The study shall also
address unique disposal or storage requirements for these wastes
and shall address the impact of possible reprocessing of spent
nuclear fuel on waste generation. In addition, the study shall
examine the economics of the possible waste disposal systems
that could be required for the advanced reactors. The study
shall be submitted to the Committees on Appropriations of both
Houses of Congress not later than 20 months after enactment of
this Act.
######
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HRpt 116- 83 - To accompany H.R.
2960 – [M]aking appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2020, and
for other purposes.
(5/23/19)
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######
NUCLEAR ENERGY RESEARCH AND DEVELOPMENT
######
Fuel Cycle Research and Development.—Within available
funds, the recommendation provides $95,000,000 for the Advanced
Fuels Program, of which not less than $75,600,000 is for accident
tolerant fuels development. The Committee encourages the Department
to evaluate accident tolerant fuel irradiation testing capability
gaps resulting from the closure of the Halden reactor. The Committee
encourages the Department to support safety and security
advancements in nuclear fuels even beyond accident tolerant and to
support small factory-produced next-generation reactors designed to
use these fuels. Within available funds, the recommendation provides
$60,000,000 for Material Recovery and Waste Form Development, of
which at least $45,000,000 is for highly enriched uranium recovery
to support needs for high-assay low enriched uranium for advanced
reactor fuel. Within available funds, the recommendation provides
$40,000,000 for Civil Nuclear Enrichment to demonstrate the ability
to produce high-assay low enriched uranium to support the
anticipated fuel requirements for new advanced reactor designs, as
proposed in the budget request.
The recommendation provides $62,500,000 to continue Used Nuclear
Fuel Disposition research and development activities. The Committee
is aware of the Department’s ongoing research and development
efforts regarding the safe transportation of spent nuclear fuel and
directs the Department to study the behavior of spent fuel under
transportation conditions and opportunities to improve safety of
spent fuel rods during transportation.
The Blue Ribbon Commission on America’s Nuclear Future observed that
“any comprehensive and forward-looking strategy for managing the
back end of the nuclear fuel cycle in the United States needs to
consider the potential impact not only of current technology but of
further technology advances in the decades ahead,” particularly
because “expanded deployment of reprocess and recycle technologies
would clearly affect the quantity and composition of nuclear
material slated for final disposition.” The Committee recognizes that large uncertainties exist about
the merits and commercial viability of different nuclear fuel
cycles and technology options, and accordingly, the Committee
directs the National Academies of Sciences, Engineering, and
Medicine to evaluate the merits and viability of different
nuclear fuel cycles and technology options, including both
existing and future technologies. As recommended by the Blue
Ribbon Commission, such evaluation must “account for linkages
among all elements of the fuel cycle (including waste
transportation, storage, and disposal) and for broader safety,
security, and non-proliferation concerns.”
The recommendation provides $47,500,000 for Integrated Waste
Management Storage, of which $25,000,000 is directed for interim
storage activities, including the initiation of a robust
consolidated interim storage program, including site preparation
activities at stranded sites, to evaluate the re-initiation of
regional transport compacts, and transportation coordination.
######
COAL—CCS AND POWER SYSTEMS
Carbon capture, utilization, and storage is a series of processes
that captures carbon dioxide emissions from sources and either
reuses or stores it so it will not enter the atmosphere. The
potential for these technologies is considerable, and the use of
these technologies will decrease the costs for mitigating climate
change in addition to deploying clean energy and energy efficient
technologies.
The Committee supports the integrated carbon and energy management
activities of the Offices of Nuclear Energy and Energy Efficiency
and Renewable Energy and provides $5,000,000 for Hybrid Carbon
Conversion activities within Fossil Energy.
The Committee encourages the Department to continue to support the
Clean Energy Research Consortium: Advanced Coal Technology
Consortium program.
The Committee acknowledges the economic and environmental benefits
that could be produced by expanding the scope of carbon capture and
carbon utilization research to a wider range of sources. The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act an implementation
plan, in coordination with the Office of Science and Bioenergy
Technologies Office, that responds to the recommendations of the
National Academies studies “Negative Emissions Technologies and
Reliable Sequestration: A Research Agenda” and “Gaseous Carbon
Waste Streams Utilization: Status and Research Needs.” The
implementation plan should include recommendations for program
structures that could best support and maximize the impact of
expanded research, development, and demonstration efforts in
three areas: decarbonization of the industrial sector, direct
air capture, and carbon use.
######
*******************************************************************************************************************************************************************
SRpt 116-102 - To accompany S.
2470 – [M]aking appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2020, and
for other purposes, reports favorably thereon and recommends that
the bill do pass.
(9/12/19)
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######
BIOENERGY TECHNOLOGIES
The Committee recommends $245,000,000 for Bioenergy Technologies.
The Committee encourages the Department to continue engagement with
industry to address critical problems associated with small-scale
sample production, low-volume production, and process scale-up.
Within available funds, the Committee recommends not less than
$30,000,000 for Advanced Algal Systems to sustain the investment in
development of algal biofuels.
The Committee encourages further research and development activities
to support carbon dioxide capture from the atmosphere [ambient air]
into highly alkaline solutions using algae-to-energy
technologies. Therefore, within funds available, the Committee recommends
$10,000,000 for technology and research and development on
direct air carbon capture and removal. The program is directed
to collaborate with the Office of Science and the Office of
Fossil Energy to develop a coordinated program, as recommended
by the National Academies, that supports research, development,
and demonstration projects to advance the development and
commercialization of direct air capture technologies on a
significant scale.
######
ADVANCED MANUFACTURING
######
Within available funds, the Committee recommends not less than
$10,000,000 to support research, development, and demonstration
projects to advance the development and commercialization of
direct air capture technologies that capture carbon dioxide from
dilute sources, such as the atmosphere, on a significant scale.
The program is directed to collaborate with the Office of
Science and the Office of Fossil Energy to develop a coordinated
program, as recommended by the National Academies, that supports
research, development, and demonstration projects to advance the
development and commercialization of direct air capture
technologies on a significant scale.
######
FEDERAL ENERGY MANAGEMENT PROGRAM
The Committee recommends $45,000,000 for the Federal Energy
Management Program.
Within available funds, $15,000,000 shall be utilized for the
Assisting Federal Facilities with Energy Conservation Technologies
program to address the $9-15 billion of audited and cost-effective
opportunity for energy savings across the Federal Government, with
preference given for projects that leverage private financing.
Within 90 days of enactment of this act, the Department shall submit
to the Committees on Appropriations in both Houses of Congress a
report of an analysis of the private financing programs, including
proposed methods [process, policy, legislative, etc.] to double the
Federal expansion of these cost-savings programs.
Within available funding, $3,000,000 is recommended to establish a
Performance Based Contract National Resource Collaborative. The
Collaborative shall be managed by Strategic Programs but be a joint
development between FEMP and the Office of Weatherization and
Intergovernmental Programs. The Collaborative shall develop a
structure, with process and procedure, to provide technical and
financial expertise to State and local government users that will
enable the expansion of performance-based contracts nationwide. The
Department shall submit to the Committees on Appropriations of both
Houses of Congress 180 days after enactment of this act, an analysis
of the expected resources that will be necessary for ongoing support
for this Collaborative and provide an expectation of the available
infrastructure work that can be accomplished through
performance-based contracts over a 10-year period.
The Committee directs the Department to contract with the
National Academy of Sciences to conduct a review of studies and
methodologies used to estimate the financial savings, energy
savings, greenhouse gas reductions, and other benefits or
impacts of Energy Savings Performance Contracts, and include a
prospective technology assessment of likely improvements in
building technologies. These contracts are widely used in
government settings and are intended to provide net savings to
taxpayers through reduced Federal energy expenditures. The
National Academy of Sciences shall report the findings of its
study and provide recommendations for improving evaluation
methodologies to better reflect real-world performance of these
contracts.
######
FUEL CYCLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Used Nuclear Fuel Disposition.—The Committee continues to
strongly support the recommendations of the Blue Ribbon Commission
on America’s Nuclear Future and believes that near-term action is
needed to address the accumulating inventory of spent nuclear fuel.
The Committee recommends $22,500,000 for Integrated Waste Management
System activities, the same as fiscal year 2019. Funding is
recommended to implement plans to consolidate spent nuclear fuel
from around the United States to one or more private or government
interim central storage facilities. Priority shall be given to
accepting spent nuclear fuel from shutdown reactors, and to
accelerating the development of a transportation capability to move
spent fuel from its current storage locations. Within funds
recommended, the Committee recommends up to $10,000,000 for the
Secretary, within existing authorities, to contract for the
management of spent nuclear fuel to which the Secretary holds the
title or has a contract to accept title, which includes contracting
with a private company for consolidated interim storage of spent
nuclear fuel.
The Committee does not adopt the budget proposal to eliminate
research and development activities for Used Nuclear Fuel previously
funded in this account. The Committee recommends $27,500,000 to
continue research and development activities on behavior of spent
fuel in long-term storage, under transportation conditions, and in
various geologic media, which will continue to be important to
developing a solution to the waste problem. Priority shall be placed
on the ongoing study of the performance of high-burnup fuel in dry
storage and on the potential for direct disposal of existing spent
fuel dry storage canister technologies.
The Committee directs the Secretary to report to the Committees on
Appropriations of both Houses of Congress, not later than 90 days
after the date of enactment of this act, on innovative options for
disposition of high level waste and spent nuclear fuel management.
Priority should be given to technological options which are
cost-effective, able to be implemented in the short-term, and
consider siting stakeholder engagement. Within available funds, the
Committee encourages the use of research and development funding for
innovative technological options.
In addition, the Committee directs the Secretary to contract
with the National Academy of Sciences [NAS] within 60 days after
enactment of this act to conduct a comprehensive, independent
study on the waste aspects of advanced reactors. The National
Academy of Sciences shall convene a committee of experts with
expertise in advanced nuclear reactors, nuclear waste disposal,
reprocessing, economics, and other areas of expertise that the
National Academy of Sciences considers essential for completion
of the study. Also, the NAS committee’s consensus study report
shall provide findings and recommendations that may consider
policy options as long as those do not involve non-technical
value judgements. The study’s assessment shall include typical
volumes and characteristics of waste streams from various
proposed advanced nuclear reactor technologies, including
radioisotopes of concern, radioactivity level, and thermal load.
Advanced reactor technologies shall include the designs under
consideration by the Generation IV International Forum and by
the Department of Energy. The study shall also address unique
disposal and/or storage requirements for these wastes and shall
address the impact of possible reprocessing of spent nuclear
fuel on waste generation. In addition, the study shall examine
the economics of the possible waste disposal systems that could
be required for the advanced reactors. The study shall be
submitted to the Committees on Appropriations of both the Senate
and House no later than 20 months after enactment of this
act.
The Committee also directs the Secretary of Energy to provide a
report to the Committees on Appropriations of both Houses of
Congress within 180 days of enactment of this Act on new
electromagnetic technologies for the neutralization of radioactive
wastes, including an evaluation of the scientific basis for the
technology, potential effects on U.S. nuclear waste and storage,
potential benefits to the nuclear power industry, and any
implications for nuclear security.
######
Carbon Capture.—Achieving low-cost carbon capture
technology is important to facilitating economic environmental
mitigation solutions for the power and industrial sectors while
opening up a broader carbon utilization economy. The Committee
encourages the Department to focus its carbon capture research,
development and deployment efforts on improving the efficiency and
decreasing the costs of carbon capture technologies, demonstrating
carbon capture technologies for private sector-driven adoption at
fossil energy power systems and industrial sources, and to identify
how these technologies can be integrated within business models and
operations. This includes small- and large-scale pilot testing of
technologies moving through the program pipeline on both coal and
natural gas applications, as well as on industrial sources. Within
the funds dedicated to Carbon Capture, not less than $7,000,000 is
for carbon capture research for natural gas power systems. The
Committee acknowledges the economic and environmental benefits that
could be produced by expanding the scope of carbon capture and
carbon utilization research to a wider range of sources. Given the
potential economic and environmental benefits, the Department is
encouraged to expand activities to increase the capture of carbon
dioxide from a diverse range of sources, and its subsequent use,
reuse, and storage. Within available funds, the Committee recommends
up to $4,000,000 for research and optimization of carbon capture
technologies for use at industrial facilities, which may include
developments in process equipment and chemistry, capture of process
emissions, and systems integration.
The Committee recommends $20,000,000 for technology research
and development on direct air carbon capture and removal. The
program is directed to coordinate with the Office of Science and
the Office of Energy Efficiency and Renewable Energy to develop
a coordinated program, as recommended by the National Academies,
that supports research, development, and demonstration projects
to advance the development and commercialization of direct air
capture technologies on a significant scale.
######
BASIC ENERGY SCIENCES
The Committee recommends $2,325,000,000 for Basic Energy Sciences
[BES].
The Committee recommends up to $130,000,000 for the Energy Frontier
Research Centers to continue multi-disciplinary, fundamental
research needed to address scientific grand challenges. The
Committee continues to support the EPSCoR program and its goals of
broadening participation in sustainable and competitive basic energy
research in eligible jurisdictions. The Committee recommends
$25,000,000 for EPSCoR and directs the Department to resume annual
or at minimum, continue biennial implementation grant
solicitations. Further, the Committee recommends $20,000,000 for direct air
capture research. The Office of Science is directed to
coordinate with the Office of Fossil Energy and the Office of
Energy Efficiency and Renewable Energy to develop a coordinated
program, as recommended by the National Academies, that supports
research, development, and demonstration projects to advance the
development and commercialization of direct air capture
technologies on a significant scale.
######
DIVISION D-DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following statement is an explanation of the effects of Division
D, 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 2020.
The explanatory statement accompanying this Act is approved and
indicates congressional intent. Report language contained
in House Report 116-100 and Senate Report 116-123 providing specific guidance to agencies regarding the
administration of appropriated funds and any corresponding
reporting requirements carries the same emphasis as the language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary herein. This
explanatory statement, while repeating some language for
emphasis, is not intended to negate the language referred to
above unless expressly provided herein.
######
Reports and Studies. The agreement does not include the direction regarding a National Academy of Sciences
report of the impacts on ecosystem services from mining and a
mineral withdrawal study.
######
SCIENCE AND TECHNOLOGY
######
Research: Air and Energy.-The agreement provides
$94,496,000 for Research: Air and Energy. Of this amount, up to
$4,500,000 shall be used to continue the study under the heading "
Partnership Research" contained in the joint explanatory statement
accompanying Public Law 115- 141. The agreement does not include the directive contained in House
Report 116-100 with respect to a National Academy of Sciences
review of the Integrated Science Assessment for Particulate
Matter.
######
Environmental Impact a/Currently Marketed Sunscreens.-The
Committees recognize the important health benefits that come from
reducing exposure to ultraviolet radiation, including by the use of
sunscreens. To better assess any potential environmental impacts of
currently marketed sunscreen filters on the environment, the
Agency is directed to contract with the National Academy of
Sciences (NAS) to conduct a review of the scientific literature
of currently marketed sunscreens' potential risks to the marine
environment. This review should include any risks that sunscreen
filters might pose to freshwater ecosystems, coral reefs,
aquatic and marine life, and wetland ecosystems, and should
identify any additional research needed to conduct aquatic
environmental risk assessments. Additionally, the study should
also review the current scientific literature on the potential
public health implications associated with reduced use of
currently marketed sunscreen ingredients for protection against
excess ultraviolet radiation.
*******************************************************************************************************************************************************************
HRpt 116-100 - To accompany H.R.
3052 – [M]aking appropriations for the Department of the Interior,
the Environmental Protection Agency, and Related Agencies for the
fiscal year ending September 30, 2020.
(6/3/19)
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######
SMITHSONIAN INSTITUTION
######
Facilities Maintenance.—The Smithsonian-wide facility
replacement value is currently $8.45 billion. The National Research Council recommends an annual maintenance
budget in the range of two to four percent of a physical plant’s
current replacement value to avoid adding a deferred maintenance
backlog. Therefore, the recommendation provides a program increase of
$75,000,000 to the budget request for a total of $161,258,000. At
this funding level, the Smithsonian will be able to fulfill its
mission, sustain facility capital and maintenance investment and
security needs, and reduce the deferred maintenance backlog.
######
TITLE II—ENVIRONMENTAL PROTECTION AGENCY
######
SCIENCE AND TECHNOLOGY
######
Environmental Impact of Sunscreens.—The Committee
recognizes the important health benefits that come from reducing
exposure to ultraviolet radiation, including by the use of
sunscreens. To better assess any potential environmental impacts of
sunscreens on the environment, the Agency is directed to
contract with the NAS to conduct a review of the current
scientific literature of potential risks to the marine
environment, including risks to freshwater ecosystems, coral
reefs, aquatic and marine life, and wetland ecosystems, from
oxybenzone and octinoxate. The contract should also include NAS
recommendations for additional research needed to conduct
freshwater and marine environmental risk assessments.
Strengthening Use of Science.—The Committee is aware that
the Agency has proposed a rule “Strengthening Transparency in
Regulatory Science” (Docket ID No. EPA-HQ-OA-2018-0259), and
understands that the Administrator has recently stated that the
Agency intends to finalize the rule in the near future. The
Committee is also aware that shortly after the rule was proposed,
the SAB wrote to the Administrator in June 2018 requesting the
opportunity to comment on the rule. The Administrator responded in
April 2019 and noted that the Agency would benefit from consultation
with SAB on the proposal.
The Agency is directed to engage in formal consultation on the
proposed rule with the SAB. Further, given the centrality of
scientific studies in Agency decision-making and the unique
experience and expertise of the SAB on such matters, the Committee
urges the Agency to seek feedback on the full list of issues on
which SAB indicated the Agency would benefit. The Committee expects
the Agency to take no final action on the rule until the Agency has
concluded such consultations.
Additionally, within 30 days after enactment or 30 days after
this rule is finalized, whichever is later, the Committee
directs the Agency to enter into a contract with the NAS to
review this rule. The review should assess the manner in which
the rule alters the ability of the Agency to use publicly
available peer-reviewed scientific and medical studies in its
regulatory decision-making, including what the NAS considers to
be the best available scientific information, and be completed
within 270 days.
######
*******************************************************************************************************************************************************************
SRpt 116-123 - To accompany S.
2580 – [M]aking appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending
September 30, 2020, and for other purposes, reports favorably
thereon and recommends that the bill do pass.
(9/26/19)
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######
ENERGY AND MINERALS
U.S. GEOLOGICAL SURVEY
######
The Committee provides an increase in funds for a total of
$1,000,000 to research the predominant pathways and mechanisms of
the transmission of chronic wasting disease in wild, captive, and
farmed populations of cervids in North America, including
identifying significant gaps in the current scientific knowledge
regarding transmission pathways. In carrying out this research, USGS may consult, partner, or
contract with the Animal and Plant Health Inspection Service,
the National Academy of Sciences, and other public and private
entities.
######
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
######
Sunscreen Ingredient Analysis.—Using the funds provided, the Agency is directed to contract
with the National Academy of Sciences to conduct a review of the
current scientific literature of currently marketed sunscreen
ingredients in the U.S. oxybenzone and octinoxate using standard
Federal reliability guidelines for toxicity data to determine
potential risks to the marine environment. The study should
include a review of existing hazard and exposure data
encompassing both ecological and animal toxicology endpoints for
these two chemicals as well as recommendations for additional
research to be undertaken that will generate the data required
to conduct a marine environmental risk assessment of currently
marketed sunscreen ingredients oxybenzone and octinoxate,
including recommendations on testing methods, study designs, and
research priorities. The study should also evaluate the need for
risk mitigation focusing on development of a comparative risk
assessment balancing the risk posed by sunscreen ingredients
oxybenzone and octinoxate to the marine environment with the
potential public health implications associated with reduced use
of sunscreen ingredients oxybenzone and octinoxate for
protection against excess ultraviolet radiation exposure to
complement human safety data currently being collected by the
FDA.
######
DIVISION F --MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
The following is an explanation of the effects of Division F which
makes appropriations for Military Construction, Veterans Affairs,
and Related Agencies for fiscal year 2020. Unless otherwise noted, references to the House Report is
reference to House Report 116-63. The language set forth in
House Report 116-63 should be complied with and carry the same
emphasis as the language included in the joint explanatory
statement, unless specifically addressed to the contrary in this
joint explanatory statement. While repeating some report
language for emphasis, this joint explanatory statement does not
intend to negate the language referred to above unless expressly
provided herein.
######
Overmedication of Veterans.-In fiscal year 2018, the Congress provided $500,000 for VA to
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine (NASEM) to conduct an assessment of
the potential overmedication of veterans during fiscal years
2010 to 2017 that led to suicides, deaths, mental disorders, and
combat-related traumas. Though the Committees are frustrated
that, rather than conducting a study, the Department used the
full amount of funding to contract for a study design, NASEM
provided a credible study design report entitled, An Approach to
Evaluate the Effects of Concomitant Prescribing of Opioids and
Benzodiazepines on Veterans Deaths and Suicides. As such, the
agreement directs the Department to work in close consultation
and coordination with NASEM to implement the study design to
evaluate and understand the effects of opioids and
benzodiazepine on veteran suicides. The agreement directs the Department to brief the Committees on
Appropriations of both Houses of Congress no later than 60 days
after enactment of this Act on the proposed study design to be
implemented, and to provide periodic updates thereafter
######
DIVISION H -TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2020
CONGRESSIONAL DIRECTIVES
Unless otherwise noted, the language and allocations set forth
in the House report (House Report 116- 106) and
the Senate report (Senate Report 116-109) carry
the same weight as language included in this statement and
should be complied with unless specifically addressed to the
contrary in this division or statement. House report language
and Senate report language, neither of which is changed by this
statement, is a result of the 2020 appropriations agreement.
This statement, while repeating some report language for
emphasis, does not intend to negate the language referred to
above unless expressly provided herein. In cases where the House or the Senate 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 and the Department of Housing and Urban Development
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, 2020.
######
TITLE I-DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
######
Transportation Resilience Metrics Study. -The agreement provides $1,000,000 for the Secretary to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine, no later than 45 days after enactment
of this Act, to conduct a study on effective ways to measure the
resilience of transportation systems and services to natural
disasters and hazards. The study should: (1) identify and
examine approaches used by Federal agencies, States,
metropolitan planning organizations, local governments, and
other organizations, including approaches described in academic
literature, to develop metrics for transportation resilience;
(2) provide findings on approaches to measuring resilience that
have shown or promise success; and (3) provide recommendations
on addressing challenges with measuring resilience. The
Secretary is directed to submit to the House and Senate
Committees on Appropriations a final study developed by the
National Academies of Sciences, Engineering, and Medicine no
later than one year after enactment of this Act.
######
FEDERAL AVIATION ADMINISTRATION
######
Human Intervention Motivation Study (HJMS).- The FAA is directed to report on its progress in implementing
the direction in the Senate report on the HIMS no later than
March 2, 2020.
######
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Compliance, Safety, Accountability Data.-The recommendation directs FMCSA, in an expedited manner, to
address recommendations submitted by the National Academies of
Sciences, Engineering, and Medicine in the manner specified by
the Office of Inspector General on September 25, 2019. FMCSA must comply with these recommendations before making such
data available to the general public, consistent with the provisions
of the FAST Act.
######
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
######
Liquefied Natural Gas (LNG) by Rail.-The agreement provides $1,000,000 for PHMSA to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine, within 45 days of enactment of this Act, and to
complete a study through the Transportation Research Board, no
later than 18 months after enactment of this Act, on the
transportation of LNG in rail tank cars. The study should inform
rulemaking.
######
*******************************************************************************************************************************************************************
HRpt 116-106 - To accompany H.R.
3163 – [M]aking appropriations for the Departments of
Transportation, Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2020.
(6/6/19)
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######
TITLE I—DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
######
Transportation resilience metrics study.—The Committee
believes that new construction or major rehabilitation projects
funded by the Department through formula and competitive grant
programs should be constructed to the most current relevant
standards and address the risk of structural failure or loss of use
from natural hazards throughout the lifetime of the project. To
achieve this, additional research is needed to establish approaches
to measuring the resilience of transportation systems. Therefore, the Committee directs the Secretary to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study through the Transportation
Research Board on effective ways to measure the resilience of
transportation systems and services to natural disasters and
hazards. For the purposes of this study, the Committee urges the
Department to take an all-encompassing view of natural disasters
and hazards, including but not limited to, extreme weather
events, hurricanes, floods, wildfires, heat waves, high winds,
and changes in the freeze-thaw patterns.
######
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
######
Section 105 provides $1,000,000 from the Research and
Technology account for the Secretary to enter into an
arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure the
resilience of transportation systems and services to natural
disasters and hazards.
######
FEDERAL-AID HIGHWAYS
######
Truck size and weight.—The Committee is concerned about the
demands placed on our nation’s highways, especially bridges, by
large trucks. The June 2015 Comprehensive Truck Size and Weight
Technical Reports Summary found that 4,845 bridges would need to be
strengthened or replaced to handle the additional stress if Federal
truck weights were increased to 91,000 pounds. In addition, a 2018 Consensus Study Report requested by the
U.S. Department of Transportation and conducted by the
Transportation Research Board identified 27 research projects
that are needed to better project the consequences of proposed
changes to truck length and weight limits. A significant
increase in Federal truck length and weight, before the impacts
of these changes have been studied, would stress an already
failing Highway Trust Fund and further compromise the condition
of our roads and bridges. The results of the proposed research
should be considered by the Department and Congress before any
changes in national policy are made.
######
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
######
LNG by rail.—A petition was filed with PHMSA to develop
standards for the bulk transportation of liquified natural gas (LNG)
in rail tank cars in 2017, and PHMSA accepted this petition in 2018.
The transportation of LNG in rail tank cars poses new and different
risks to the public, environment, and property. The Committee is
deeply concerned with the aggressive timeline established in
Executive Order 13868 for the Department to finalize a rulemaking on
LNG by rail within 13 months of April 10, 2019. This artificial
timeline would prevent PHMSA, in coordination with the Federal
Railroad Administration, from thoroughly accessing and evaluating
the safety risks associated with the transportation of LNG in rail
tank cars. Therefore, the Committee directs PHMSA to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study through the Transportation
Research Board on the transportation of LNG in rail tank cars.
This study should address different transportation scenarios,
including a freight train carrying individual LNG tank cars,
multiple LNG tank cars, and a unit train of LNG tank cars;
release events; hazards when a spill is coupled with an ignition
source; leak detection; impacted geographic areas; route terrain
challenges; and emergency and first responder training and
notification. The Committee provides up to $1,000,000 for PHMSA
to initiate this study within 30 days of enactment of this Act,
and to complete this study no later than 18 months after
enactment of this Act. Further, the Committee directs PHMSA to
incorporate the findings and recommendations from this study
into any potential rulemaking on the transportation of LNG in
rail tank cars and prior to issuing a final rule authorizing
such shipments.
######
*******************************************************************************************************************************************************************
SRpt 116-109 - To accompany S.
2520 – [M]aking appropriations for the Departments of
Transportation, and Housing and Urban Development, and related
agencies for the fiscal year ending September 30, 2020, and for
other purposes, reports favorably thereon and recommends that the
bill do pass.
(9/19/19)
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######
FEDERAL AVIATION ADMINISTRATION
######
Contract Tower Traffic Controller Staffing.—The Committee
is concerned that some contract towers may have insufficient
staffing and hours of operation. The Committee suggests that the FAA
collaborate with contract towers to ensure sufficient staffing at
small hub airports to ensure adequate staffing at ground control and
air traffic control during scheduled air carrier operations.
Further, the Committee directs the DOT Inspector General [IG] to
provide a report to the House and Senate Committees on
Appropriations within 120 days of the enactment of this act on the
policies, standards, methods, and practices employed by the FAA to
establish staffing levels at contract towers. The IG should assess
the program’s ability to adjust to significant air traffic growth as
well as local requirements, and examine the relationship and
coordination between the FAA and contracting organizations. In undertaking this programmatic evaluation, the IG shall
consider the findings and recommendations of the 2014 National
Academy of Sciences report entitled: “Federal Aviation Administration’s Approach for Determining
Future Air Traffic Controller Staffing Needs.”
######
Human Intervention Motivational Study [HIMS] Program and the
Flight Attendant Drug and Alcohol Program.—The Committee notes the importance of the HIMS program and the
Flight Attendant Drug and Alcohol Program in helping to rehabilitate
those struggling with substance abuse disorders so they are able to
successfully return to work.
Section 554 of the FAA Reauthorization Act of 2018 (Public Law 115-254) directs the Secretary to enter into an agreement with the
Transportation Research Board to conduct a study on the HIMS
program, the Flight Attendant Drug and Alcohol Program, and any
other drug and alcohol programs within the other modal
administrations within the Department of Transportation, and
issue recommendations on how to implement programs, or change
existing programs, that seek to help transportation workers get
treatment for drug and alcohol abuse and return to work. The
Committee supports these efforts as a priority and directs the
FAA to use existing resources to complete this study. The
Committee expects FAA to provide an update on the progress of
this study by December 31, 2019.
######
FEDERAL-AID HIGHWAYS
######
Research Plan.—The Committee notes the recent completion of the Truck Size and
Weight Research Plan by the Transportation Research Board [TRB].
This report identifies 27 additional research projects, the
results of which will be vital to determinations by the
Department and Congress as to whether any national changes in
truck size and weight policy should be pursued. In order to
ensure a timely and comprehensive approach to truck size and
weight issues, the Committee directs the Department to
expeditiously develop an implementation plan for conducting the
research recommended by TRB on this issue, including projected
timelines for the completion of the listed projects.
######
Interstate Highway System [IHS] Withdrawal.—The Committee
is aware of State and local governments withdrawing from parts of
the IHS. In order to better understand the impacts of withdrawal on
safety and mobility, following significant Federal investment,
the Committee directs the National Academy of Sciences’
Transportation Research Board to conduct a study on the impacts
of withdrawing elements of the IHS, and to submit the findings
to the Committee within 1 year of enactment of this act. This
study shall include consequential effects on safety, mobility,
the movement of goods and services, national defense, and the
environment.
######
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
######
High-Risk Carriers.—In January 2016, FMCSA revised its
scoring and standards for the inspection of high-risk carriers in
response to a July 2014 Independent Review Team assessment and
section 5305 of the FAST Act. Under revised FMCSA regulations,
carriers identified as high risk must have a compliance review
conducted within 90 days. The Committee is encouraged that the
agency was able to achieve a 95.8 percent high-risk carrier
inspection rate in fiscal year 2017, as compared to 87 percent in
fiscal year 2016. The Committee continues to direct the agency to
provide the House and Senate Committees on Appropriations with an
updated report on its ability to meet its requirements to evaluate
high-risk carriers by April 15, 2021, for the preceding fiscal year
for which inspection data is available.
Additionally, in June 2018, FMCSA produced a corrective action
plan to address the recommendations contained in a National
Academies’ review of the Compliance, Safety, Accountability
program and the Safety Measurement System [SMS]. SMS is the scoring and standards system through which FMCSA
currently identifies patterns of non-compliance and prioritizes
certain motor carriers for high-risk interventions. The Committee is
aware that FMCSA has begun testing to expand upon the value of data.
The Committee encourages FMCSA to continue testing and analyzing
statistical models by which the Department’s data collection can be
further improved.
######