# Science and Technology Issues in the 116th Congress > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AR45491 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** February 6, 2019 - **Citation:** R45491 ## Text Science and Technology Issues in the 116th Congress Frank Gottron, Coordinator Specialist in Science and Technology Policy Updated February 6, 2019 Congressional Research Service 7-.... www.crs.gov R45491 SUMMARY Science and Technology Issues in the 116th Congress Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The ubiquity and constantly changing nature of science and technology frequently create public policy issues of congressional interest. The federal government supports scientific and technological advancement directly by funding and performing research and development and indirectly by creating and maintaining policies that encourage private sector efforts. Additionally, the federal government regulates many aspects of S&T activities. R45491 February 6, 2019 Frank Gottron, Coordinator Specialist in Science and Technology Policy -redacted-@crs.loc.gov For a copy of the full report, please call 7-.... or visit www.crs.gov. This report briefly outlines a key set of science and technology policy issues that may come before the 116 th Congress. This set is not exhaustive, however. Given the rapid pace of S&T advancement and its importance in many diverse public policy contexts, other S&T-related issues not discussed in this report may come before the 116 th Congress. The selected issues are grouped into 10 categories           Overarching S&T Policy Issues, Agriculture, Biomedical Research and Development, Climate Change Science and Water, Defense, Energy, Homeland Security, Information Technology, Physical and Material Sciences, and Space. Each of these categories includes concise analysis of multiple policy issues. The material presented in this report should be viewed as illustrative rather than comprehensive. Each section identifies CRS reports, when available, and the appropriate CRS experts to contact for further information and analysis. Congressional Research Service Science and Technology Issues in the 116th Congress Contents Introduction ..................................................................................................................................... 1 Overarching S&T Policy Issues ...................................................................................................... 1 Federal Science and Technology Policymaking Enterprise ...................................................... 1 Federal Funding for Research and Development ...................................................................... 2 Disruptive and Convergent Technology .................................................................................... 3 America COMPETES Act Reauthorization .............................................................................. 4 Technology Transfer from Federal Laboratories ....................................................................... 5 Adequacy of the U.S. Science and Engineering Workforce ...................................................... 5 Science, Technology, Engineering, and Mathematics Education .............................................. 6 Tax Incentives for Technological Innovation ............................................................................ 7 Agriculture....................................................................................................................................... 8 Agricultural Research................................................................................................................ 8 The National Institute of Food and Agriculture and Economic Research Service Relocation Proposal ............................................................................................................... 9 Agricultural Biotechnology ....................................................................................................... 9 Cell-Cultured Meat.................................................................................................................. 10 Biomedical Research and Development ......................................................................................... 11 National Institutes of Health and the 21st Century Cures Act ................................................. 12 The Food and Drug Administration: Medical Product Innovation.......................................... 13 Oversight of Laboratory-Developed Tests (LDTs).................................................................. 13 Stem Cells and Regenerative Medicine .................................................................................. 14 CRISPR: Advanced Genome Editing...................................................................................... 15 Climate Change Science and Water............................................................................................... 16 Climate-Related S&T Expenditures and Activities by the Federal Government .................... 16 Climate Change-Related Science ............................................................................................ 17 GHG-Related Technology Research, Development, Demonstration, and Deployment .......... 18 Climate Change and Infrastructure ......................................................................................... 19 Science and Technology for Adaptation and Resilience ......................................................... 20 Carbon Capture and Sequestration .......................................................................................... 21 Water ....................................................................................................................................... 22 Defense .......................................................................................................................................... 24 Department of Defense Research and Development ............................................................... 24 Energy ........................................................................................................................................... 25 Reprocessing of Spent Nuclear Fuel ....................................................................................... 25 Advanced Nuclear Energy Technology ................................................................................... 26 Biofuels ................................................................................................................................... 27 Offshore Energy Development Technologies.......................................................................... 28 ITER ........................................................................................................................................ 29 Homeland Security ........................................................................................................................ 30 R&D in the Department of Homeland Security ...................................................................... 30 Chemical, Biological, Radiological, and Nuclear Medical Countermeasures ........................ 31 Microbial Pathogens in the Laboratory: Safety and Security.................................................. 32 Information Technology ................................................................................................................ 33 Cybersecurity .......................................................................................................................... 33 Congressional Research Service Science and Technology Issues in the 116th Congress Artificial Intelligence .............................................................................................................. 34 Broadband Deployment .......................................................................................................... 35 Access to Broadband Networks and the Net Neutrality Debate ............................................. 36 Deployment of the FirstNet Network ...................................................................................... 37 Emergency Alerting................................................................................................................. 37 5G Technologies...................................................................................................................... 38 The Internet of Things ............................................................................................................. 38 Digital Services Tax ................................................................................................................ 40 Evolving Technology and Law Enforcement Investigations................................................... 40 The Networking and Information Technology Research and Development Program ............ 41 Quantum Information Science ................................................................................................ 42 Physical and Material Sciences ..................................................................................................... 43 National Science Foundation .................................................................................................. 43 Nanotechnology and the National Nanotechnology Initiative ................................................ 44 Space ............................................................................................................................................. 45 NASA ...................................................................................................................................... 45 Commercial Space .................................................................................................................. 46 Earth-Observing Satellites ...................................................................................................... 47 Contacts Author Contact Information .......................................................................................................... 48 Congressional Research Service Science and Technology Issues in the 116th Congress Introduction Science and technology (S&T) play an important role in our society. Advances in science and technology can help drive economic growth and meet national priorities in public health, environmental protection, agricultural productivity, defense, and many other areas. Federal policies affect scientific and technological advancement on several levels. The federal government directly funds research and development (R&D) activities to achieve national goals or support national priorities, such as funding basic life science research through the National Institutes of Health (NIH) or developing new weapons systems in the Department of Defense (DOD). The federal government also establishes and maintains the legal and regulatory framework that affects S&T activities in the private sector. In addition, federal tax, trade, and education policies can have effects on private sector S&T activity. This report serves as a brief introduction to many of the science and technology policy issues that may come before the 116th Congress. Each issue section provides background information and outlines selected policy issues that may be considered. Each issue includes a heading entitled “For Further Information” that provides the author’s name and the titles of relevant CRS reports containing more detailed policy analysis and information. Cited reports are current as of their individual publication dates, but may not reflect developments that have occurred since their publication. Overarching S&T Policy Issues Several issues of potential congressional interest apply to federal science and technology policy in general. This section begins with a brief introduction to the roles each branch of the federal government plays in S&T policymaking, then discusses overall federal funding of research and development. Additional sections address issues related to the emergence of disruptive technologies; the America COMPETES Act; oversight of federally supported academic research; technology transfer; the adequacy of the science and engineering workforce; science, technology, engineering, and mathematics (STEM) education; and innovation-related tax policy. Federal Science and Technology Policymaking Enterprise The federal S&T policymaking enterprise is composed of an extensive and diverse array of stakeholders in the executive, legislative, and judicial branches. The enterprise fosters, among other things, the advancement of scientific and technical knowledge; STEM education; the application of S&T to achieve economic, national security, and other societal benefits; and the use of S&T to improve federal decisionmaking. Federal responsibilities for S&T policymaking are highly decentralized. In addition to appropriating funding for S&T programs, Congress enacts laws to establish, refine, and eliminate programs, policies, regulations, regulatory agencies, and regulatory processes that rely on S&T data and analysis. However, congressional authorities related to S&T policymaking are diffuse. Many House and Senate committees have jurisdiction over important elements of S&T policy. In addition, there are dozens of informal congressional caucuses in areas of S&T policy such as research and development, specific S&T disciplines, and STEM education. The President formulates annual budgets, policies, and programs for consideration by Congress; issues executive orders and directives; and directs the executive branch departments and agencies responsible for implementing S&T policies and programs. The Office of Science and Technology Congressional Research Service R45491 · VERSION 3 · UPDATED 1 Science and Technology Issues in the 116th Congress Policy, in the Executive Office of the President, advises the President and other Administration officials on S&T issues. Executive agency responsibilities for S&T policymaking are also diffuse. Some agencies have broad S&T responsibilities (e.g., the National Science Foundation). Others use S&T to meet a specific federal mission (e.g., defense, energy, health, space). Regulatory agencies have S&T responsibilities in areas such as nuclear energy, food and drug safety, and environmental protection. Federal court cases and decisions often affect U.S. S&T policy. Decisions can have an impact on the development of S&T (e.g., decisions regarding the U.S. patent system); S&T-intensive industries (e.g., the break-up of AT&T in the 1980s); and the admissibility of S&T-related evidence (e.g., DNA samples). For Further Information John F. Sargent Jr., Specialist in Science and Technology Policy CRS Report R43935, Office of Science and Technology Policy (OSTP): History and Overview, by John F. Sargent Jr. and Dana A. Shea Federal Funding for Research and Development The federal government has long supported the advancement of scientific knowledge and technological development through investments in R&D. Federal R&D funding seeks to address a broad range of national interests, including national defense, health, safety, the environment, and energy security; advance knowledge generally; develop the scientific and engineering workforce; and strengthen U.S. innovation and competitiveness. The federal government has played an important role in supporting R&D efforts which have led to scientific breakthroughs and new technologies, from jet aircraft and the internet to communications satellites and defenses against disease. Between FY2008 and FY2013, federal R&D funding fell from $140.1 billion to $130.9 billion, a reduction of $9.3 billion (6.6% in current dollars, 13.4% in constant dollars). The decline was a reversal of sustained growth in federal R&D funding for more than half a century, and stirred debate about the potential long-term effects on U.S. technological leadership, innovation, competitiveness, economic growth, and job creation. From FY2013 to FY2017, federal funding grew, rising to an all-time current dollar high of $155.0 billion in FY2017, the most recent annual aggregate number available. However, in constant dollars, the FY2017 level was $9.6 billion (5.6%) below its high of $169.7 billion in 2010. Concerns by some about reductions in federal R&D funding have been exacerbated by increases in the R&D investments of other nations (China, in particular); globalization of R&D and manufacturing activities; and trade deficits in advanced technology products, an area in which the United States previously ran trade surpluses (most recently in 2001). At the same time, some Members of Congress express concerns about the level of federal funding in light of the current federal fiscal condition. In addition, R&D funding decisions may be affected by differing perspectives on the appropriate role of the federal government in advancing science and technology. As the 116th Congress undertakes the appropriations process it faces two overarching issues: (1) the direction in which the federal R&D investment will move in the context of increased pressure to limit discretionary spending and (2) how available funding will be prioritized and allocated. Low or negative growth in the federal government’s overall R&D investment may require movement of resources across disciplines, programs, or agencies to address priorities. Congress Congressional Research Service R45491 · VERSION 3 · UPDATED 2 Science and Technology Issues in the 116th Congress continues to play a central role in defining the nation’s R&D priorities as it makes decisions with respect to the size and distribution of aggregate, agency, and programmatic R&D funding. For Further Information John F. Sargent Jr., Specialist in Science and Technology Policy CRS Report R45150, Federal Research and Development (R&D) Funding: FY2019, coordinated by John F. Sargent Jr. CRS Report R44888, Federal Research and Development Funding: FY2018, coordinated by John F. Sargent Jr. Disruptive and Convergent Technology The rapid pace of technology innovation and application is substantially affecting both the global economy and human behavior. A disruptive technology can be thought of as a rapidly evolving set of innovations in any technology space that has potentially broad economic and social impacts. Two or more different technologies may be integrated to create a new, convergent technology that may also be disruptive. Consider the smartphone, perhaps the best-known example of a technology that is both disruptive and convergent. It combines a telephone, a computer, a camera, and a geolocation application into a single device. It has become so popular over the last decade that, according to some estimates, more than half of the world’s population uses one. Those users average more than four hours daily on the device, predominantly for activities other than voice phone calls. The emergence of such technologies has the potential to create large-scale economic and social disruptions. Smartphones and other forms of mobile computing, for example, have had large economic effects on the telecommunications sector, as well as large social impacts. Among other technologies associated with major disruptions are social media, cloud computing, and data analytics (“big data”). Additional examples include artificial intelligence (AI), autonomous vehicles, blockchain, energy storage, gene editing, and the internet of things. The economic and social impacts of such technologies are difficult to predict and present complex facets to Congress as it responds to the opportunities and challenges those technologies pose. Not only are the paths of their development and implementation uncertain, but systematic data collection on them is sparse. The complexity and pace of advancement of such technologies create policy issues and challenges of potential interest to the 116th Congress. Questions disruptive technologies may raise include the following:  If Congress seeks to facilitate the growth of such technologies, what options might it consider? For example, how might Congress decide which technologies to prioritize for investment? How would congressional support for research and development affect growth? What kinds of incentives might Congress consider providing?  What issues do such technologies raise for international economic competition, and what are the options for congressional response? For example, if other countries are investing heavily in some potentially disruptive technologies, how might Congress balance the benefits and disadvantages to the nation of investing in the same technologies or different ones? What are the potential negative impacts of such technologies on societal goals and values, and what steps might Congress consider for prevention and  Congressional Research Service R45491 · VERSION 3 · UPDATED 3 Science and Technology Issues in the 116th Congress mitigation? For example, how might Congress respond to public concerns about privacy and security? How might such technologies affect the U.S. workforce and economic opportunity, and what are the potential responses? For Further Information Eric A. Fischer, Senior Specialist in Science and Technology America COMPETES Act Reauthorization The America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Act (P.L. 110-69) was enacted in 2007. The act, a response to concerns about U.S. competitiveness, authorized certain federal research, education, and innovation-related activities. In 2010, Congress passed the America COMPETES Reauthorization Act of 2010 (P.L. 111-358), extending and modifying certain provisions of the 2007 law, as well as establishing new provisions. Congressional appropriations have generally been below authorized levels, and the specific authorizations of appropriations in the 2010 act have expired. Following previous reauthorization efforts that inspired debate about such topics as the scientific peer review process, certain provisions of these acts were reauthorized and modified as part of the American Innovation and Competitiveness Act (AICA, P.L. 114-329), enacted at the end of the 114th Congress. The 116th Congress may consider additional provisions from the COMPETES acts that were not addressed through the AICA, such as expired authorizations of appropriations for the National Science Foundation (NSF) and the National Institute of Standards and Technology (NIST). The COMPETES acts were originally enacted to address concerns that the United States could lose its advantage in scientific and technological innovation. Economists have asserted that economic, security, and social benefits accrue preferentially to nations that lead in scientific and technological advancement and commercialization. Some analysts have suggested that historical U.S. leadership in these areas is slipping. In particular, some stakeholders have questioned the adequacy of federal funding for physical sciences and engineering research and the domestic production of scientists and engineers. The COMPETES acts were designed to respond, in part, to these challenges by authorizing increased funding for the NIST, NSF, and Department of Energy’s Office of Science. Together, the acts also authorized certain federal STEM education activities, the Advanced Research Projects Agency-Energy (ARPA-E), and prize competitions at federal agencies, among other provisions. Those who have expressed opposition to aspects of the COMPETES acts have done so from several perspectives. Some critics question the existence of a STEM labor shortage and thus the need for programs aimed at increasing the number of STEM workers. Other critics agree with the assertion of a shortage, but question whether the federal government should address it, believing that the market will make the necessary corrections to meet the demand. With respect to U.S. competitiveness, some analysts prefer alternative approaches to those proposed in the COMPETES acts, such as research tax credits or reducing regulatory costs. Other analysts object to the financial cost associated with the COMPETES acts, given concern about the federal budget deficit and debt. For Further Information Laurie A. Harris, Analyst in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy Congressional Research Service R45491 · VERSION 3 · UPDATED 4 Science and Technology Issues in the 116th Congress CRS Insight IN11001, Revisiting the Doubling Effort: Trends in Federal Funding for Basic Research in the Physical Sciences and Engineering, by John F. Sargent Jr. CRS Report R44345, Efforts to Reauthorize the America COMPETES Act: In Brief, by John F. Sargent Jr. Technology Transfer from Federal Laboratories Every year, approximately one-third of the federal government’s research and development spending is obligated to federal laboratories, including federally funded research and development centers, in support of agency mission requirements. The technology and expertise generated by federal laboratories may have applications beyond the immediate goals or intent of the original R&D. Over the years, Congress has established various mechanisms—primarily through the Stevenson-Wydler Technology Innovation Act of 1980 (P.L. 96-480) and subsequent legislation—to facilitate the transfer of technology and research generated from federal laboratories to the private sector where it can be further developed and commercialized. Congressional interest in promoting the transfer of technology from federal laboratories is largely based on meeting social needs and promoting economic growth to enhance the nation’s welfare and security. Technology transfer from federal laboratories can occur in many forms. In some instances, it can occur through formal partnerships and joint research activities between federal laboratories and private firms, including through cooperative research and development agreements or CRADAs. In other cases, it can occur when the legal rights to government-owned patents are licensed to a private firm. Despite previous efforts to increase the effectiveness of technology transfer from federal laboratories to the private sector, the transfer of federal technologies remains restrained. Critics of current mechanisms argue that working with federal laboratories continues to be difficult and time-consuming. Proponents assert that federal laboratories are open and receptive to partnering with private firms, but it remains up to them to take advantage of federal laboratory technologies and capabilities. At issue is whether additional legislative initiatives and federal incentives are needed to encourage increased technology transfer from federal laboratories, or if the available resources are sufficient. In December 2018, the National Institute of Standards and Technology released “Return on Investment Initiative for Unleashing American Innovation,” a draft paper proposing various strategies and actions to accelerate and improve the transfer of technology to the private sector, including building a more entrepreneurial R&D workforce and increasing engagement with private sector technology development experts and investors. Several of the proposed actions may require congressional approval and additional legislative authority to implement. Further Information Marcy E. Gallo, Analyst in Science and Technology Policy CRS Report R44629, Federally Funded Research and Development Centers (FFRDCs): Background and Issues for Congress, by Marcy E. Gallo Adequacy of the U.S. Science and Engineering Workforce The adequacy of the U.S. science and engineering (S&E) workforce has been an ongoing concern of Congress for more than 60 years. Scientists and engineers are widely believed to be essential to U.S. technological leadership, innovation, manufacturing, and services, and thus vital to U.S. economic strength, national defense, and other societal needs. Congress has enacted many Congressional Research Service R45491 · VERSION 3 · UPDATED 5 Science and Technology Issues in the 116th Congress programs to support the education and development of scientists and engineers. Congress has also undertaken broad efforts to improve science, technology, engineering, and math skills to prepare a greater number of students to pursue S&E degrees. In addition, some policymakers have sought to increase the number of foreign scientists and engineers working in the United States through changes in visa and immigration policies. Most experts agree that there is no authoritative definition of which occupations comprise the S&E workforce. Rather, the selection of occupations included in any particular analysis of the S&E workforce may vary depending on the objective of the analysis. The policy debate about the adequacy of the U.S. S&E workforce has focused largely on professional-level computer occupations, mathematical occupations, engineers, and physical scientists. Accordingly, much of the analytical focus has been on these occupations. However, some analyses may use a definition that includes some or all of these occupations, as well as life scientists, S&E managers, S&E technicians, social scientists, and related occupations. Many policymakers, business leaders, academicians, S&E professional society analysts, economists, and others hold differing views with respect to the adequacy of the S&E workforce and related policy issues. These issues include the question of the existence of a shortage of scientists and engineers in the United States, what the nature of any such shortage might be (e.g., too few people with S&E degrees, mismatches between skills and needs), and whether the federal government should undertake policy interventions or rely upon market forces to resolve any shortages in this labor market. Among the key indicators used by labor economists to assess the existence of occupational labor shortages are employment growth, wage growth, and unemployment rates. For Further Information John F. Sargent Jr., Specialist in Science and Technology Policy CRS Report R43061, The U.S. Science and Engineering Workforce: Recent, Current, and Projected Employment, Wages, and Unemployment, by John F. Sargent Jr. Science, Technology, Engineering, and Mathematics Education The term “STEM education” refers to teaching and learning in the fields of science, technology, engineering, and mathematics. Policymakers have had an enduring interest in STEM education. Popular opinion generally holds that U.S. students perform poorly in STEM subjects—especially when compared to students in certain foreign education systems—but the data paint a complicated picture. Over time, U.S. students appear to have made gains in some areas but may be perceived as falling behind in others. Various attempts to assess the federal STEM education effort have produced different estimates of its scope and scale. These efforts have identified between 105 and 254 STEM education programs and activities across 13 to 15 federal agencies. Annual federal appropriations for STEM education are typically estimated to be in the range of $2.8 billion to $3.4 billion. The national conversation about STEM education frequently develops from concerns about the U.S. science and engineering workforce. As discussed in the previous section, some observers assert that the United States faces a shortage of STEM workers; others dispute this claim. Many proponents argue that a general increase in STEM abilities among the U.S. workforce could benefit the nation in any case. On the other hand, some scholars oppose the use of education policy to increase the supply of STEM workers, either because they perceive such policies as overemphasizing the economic outcomes of education at the expense of other values (e.g., Congressional Research Service R45491 · VERSION 3 · UPDATED 6 Science and Technology Issues in the 116th Congress personal development or citizenship) or because they perceive the labor market as the more efficient mechanism for dealing with these issues. Opinions differ as well on the appropriate scope, scale, and emphasis of federal STEM education policy. Some observers prefer policies aimed at lifting the STEM achievement of all students— such as teacher or faculty professional development; or changes in curriculum, standards, or pedagogy. Others emphasize policies designed to meet specific needs—such as scholarships for the “best and brightest,” federal workforce training in areas of high demand (e.g., information technology and cybersecurity), efforts to close academic achievement gaps between various demographic groups, or programs to increase the participation of traditionally underrepresented groups in STEM fields. For Further Information Boris Granovskiy, Analyst in Education Policy CRS Report R45223, Science, Technology, Engineering, and Mathematics (STEM) Education: An Overview, by Boris Granovskiy CRS In Focus IF10654, Challenges in Cybersecurity Education and Workforce Development, by Boris Granovskiy Tax Incentives for Technological Innovation The 116th Congress may consider new federal policies to promote technological innovation, which involves the creation, development, and use of new technologies. Among the concerns fueling such an interest is what many view as inadequate growth in domestic high-paying jobs in a range of industries in recent years. Among the pathways to accelerating growth in these jobs are (1) faster rates of entrepreneurial business formation, (2) increased business investment in domestic research and development (R&D), (3) greater domestic production of products and services derived from that research, and (4) increased employer spending on training workers to acquire the skills needed to earn higher-paying jobs. The technical skills required to perform such jobs can be thought of as a critical component of the domestic climate for investment in innovation. Congress can directly influence the rate of high-wage job creation through adopting tax incentives for investment in R&D, worker training, and higher education. Under current federal tax law, three provisions directly affect entrepreneurial business formation and business investment in R&D: (1) an expensing allowance for research expenditures under Section 174 of the tax code (which is scheduled to switch to a five-year amortization period for that spending starting in 2022), (2) a nonrefundable tax credit for increases in research expenditures above a base amount under Section 41, and (3) a full exclusion for capital gains from the sale or exchange of qualified small business stock held by the original investor for five or more years under Section 1202. There is no federal tax incentive under current law for employer investment in worker training. The 2017 tax revision (P.L. 115-97) substantially cut income tax rates for corporate and noncorporate business income, beginning in 2018. The new law also modified or repealed a number of tax provisions affecting business after-tax profits. Some argue that the tax cuts alone should be sufficient to increase the number of high-paying domestic jobs in a range of industries. Others are skeptical that many large U.S. employers will invest the windfall gains from the tax cuts in expanding domestic production and boosting worker wages, training, and education. In their view, many such companies (including U.S. multinational corporations) are more likely to use much of their tax savings to buy back stock, raise dividends, or acquire competing firms. Congressional Research Service R45491 · VERSION 3 · UPDATED 7 Science and Technology Issues in the 116th Congress One previously proposed option for increasing the number of high-paying domestic jobs that the 116th Congress may examine is the creation of a tax incentive known as a patent or innovation box. Such an incentive lowers the tax burden on income earned from the commercial use of qualified intellectual property, such as trademarks or patents. Depending on its design, a patent box could give U.S. and foreign companies investing in innovation a stronger incentive to expand their investment in U.S. R&D and production activities. Potential drawbacks to such a subsidy include its budgetary cost and the lack of a sound economic justification for a tax subsidy that benefits only companies that develop or purchase successful patented innovations, not companies that develop profitable new technologies that never are patented. A second option for spurring faster growth in domestic high-paying jobs is a tax incentive for employers to invest in worker training and education. Several bills were introduced in the 115th Congress to promote employer investment in training programs such as apprenticeships and collaboration with community colleges to design courses of study targeted at the skill needs of employers. The U.S. economy benefits from an expansion in high-paying jobs only if there are enough workers to fill them. Potential drawbacks to such a tax subsidy include the likelihood it would reward employers for doing what they would do without a tax subsidy and a lack of evidence that employers systematically underinvest in worker training and education. For Further Information Gary Guenther, Analyst in Public Finance CRS Report RL31181, Research Tax Credit: Current Law and Policy Issues for the 114th Congress, by Gary Guenther CRS Report R44829, Patent Boxes: A Primer, by Gary Guenther Agriculture The federal government supports billions of dollars of agricultural research annually. The 116th Congress is likely to face issues related to funding this research, a proposed relocation of the Department of Agriculture’s science and economic analysis agencies, and issues arising from advances in agricultural biotechnology, including the development of cell-cultured meat. Agricultural Research The U.S. Department of Agriculture’s (USDA’s) Research, Education, and Economics (REE) mission area has the primary federal responsibility of advancing scientific knowledge for agriculture. USDA-funded research spans the biological, physical, and social sciences related broadly to agriculture, food, and natural resources. USDA conducts its own research and administers federal funding to states and local partners primarily through formula funds and competitive grants. The outcomes are delivered through academic and applied research findings, statistical publications, cooperative extension, and higher education. USDA’s research program is funded with nearly $2.9 billion per year of discretionary funding and about $120 million of mandatory funding. The most recent farm bill (P.L. 115-661, Agriculture Improvement Act of 2018), enacted in December 2018, governs agricultural research programs through FY2023. In keeping with past farm bills, this farm bill reauthorizes a wide range of existing research and education provisions (e.g., funding of land grant university research) and also authorizes several new research provisions. One provision that is likely to be closely watched is the Agriculture Advanced Congressional Research Service R45491 · VERSION 3 · UPDATED 8 Science and Technology Issues in the 116th Congress Research and Development Authority (AGARDA) pilot program. Modeled on the Defense Advanced Research Projects Agency, AGARDA will operate under the Office of Chief Scientist to address long-term and high-risk research challenges in the agriculture and food sectors. For Further Information Tadlock Cowan, Analyst in Natural Resources and Rural Development CRS Report R40819, Agricultural Research: Background and Issues, by Jim Monke CRS Report R45197, The House Agriculture Committee’s 2018 Farm Bill (H.R. 2): A Side-bySide Comparison with Current Law, coordinated by Mark A. McMinimy CRS In Focus IF10187, Farm Bill Primer: What Is the Farm Bill?, by Renée Johnson and Jim Monke The National Institute of Food and Agriculture and Economic Research Service Relocation Proposal In August 2018, the Secretary of Agriculture announced a reorganization of the department that included relocating the National Institute of Food and Agriculture (NIFA) and Economic Research Service (ERS) outside the National Capital Region. The Secretary has stated that he would like to complete the relocation in 2019. As two of the department’s science and agricultural economic analysis agencies, such a move has prompted significant commentary within Congress and by other Washington-based scientific organizations. While nearly 135 cities have announced their interest in hosting the relocated agencies, an ongoing USDA Inspector General (IG) study is examining the department’s legal and budgetary authority to execute the moves. As this IG study is completed, Congress may choose to exercise its authority to ensure that the proposed move is in accordance with federal laws and regulations. For Further Information Tadlock Cowan, Analyst in Natural Resources and Rural Development Agricultural Biotechnology The 116th Congress may provide oversight of issues regarding bioengineered foods labeling, or foods containing bioengineered ingredients, proposed regulatory changes governing the introduction of genetically engineered (GE) plants and animals into the environment, and recent technical innovations in gene editing that could raise new regulatory issues for agricultural biotechnology. The 114th Congress passed a bill signed into law in July 2016 (P.L. 114-216) to establish a “national bioengineered food disclosure standard.” The final rule was published in late December 2018. Food manufacturers can adopt either text, a symbol, or an electronic/digital link for identifying bioengineered foods. The disclosure act is to cover foods made through conventional genetic engineering technology, and as well as newer techniques in the definition of bioengineered foods. P.L. 114-216 also required USDA to conduct a study that identifies potential technological factors that could affect consumer access to bioengineered food disclosure through electronic or digital methods such as codes on food products read by smart phones. Observers are concerned that such digital methods of disclosure could have differential impacts on those without cell phones (e.g., the elderly, low-income families) and those without access to high-speed broadband. The Congressional Research Service R45491 · VERSION 3 · UPDATED 9 Science and Technology Issues in the 116th Congress congressionally required study, completed in July 2017, specifically addresses the availability of wireless or cellular networks, availability of landline telephones in stores, and particular factors that might affect small retailers and rural retailers as well as consumers. With the final rule now published, the disclosure law is to be implemented by USDA’s Agricultural Marketing Service. The 116th Congress may begin to address various public issues that arise from implementing the new disclosure rule. The development over the past several years of new technologies to genetically engineer plants, in particular through novel gene-editing technologies such as CRISPR-Cas9, has raised new regulatory issues. USDA currently regulates GE plants under the Plant Protection Act (PPA; 7 U.S.C. §770). However, USDA has stated that newer technologies may fall outside the purview of the PPA, and thus the department might have no regulatory jurisdiction over plants genetically engineered using these new technologies. For example, USDA’s Animal and Plant Health Inspection Service (APHIS) asserted in April 2016 that the agency had no regulatory authority under the PPA and, by default, approved a mushroom variety and a waxy corn variety created through the CRISPR-Cas9 gene editing technology. The Department of Agriculture then announced in March 2018 that they had no plans to regulate plants that could otherwise have been developed through traditional breeding techniques, which characterizes some gene editing techniques. This decision raises important questions about how such genetically engineered plants are to be regulated as they are introduced. As genetically engineered plant varieties created by these newer techniques become more common, and as the public becomes more aware that these varieties are not regulated under the PPA, Congress could revisit the 1986 framework that governs U.S. biotechnology regulation. For Further Information Tadlock Cowan, Analyst in Natural Resources and Rural Development CRS In Focus IF10376, Labeling Genetically Engineered Foods: Current Legislation, by Tadlock Cowan CRS Report R43518, Genetically Engineered Salmon, by Harold F. Upton and Tadlock Cowan CRS Report RL32809, Agricultural Biotechnology: Background, Regulation, and Policy Issues, by Tadlock Cowan CRS Report RL33334, Biotechnology in Animal Agriculture: Status and Current Issues, by Tadlock Cowan CRS Report R43100, Unapproved Genetically Modified Wheat Discovered in Oregon and Montana: Status and Implications, by Tadlock Cowan Cell-Cultured Meat Cell-cultured meat (also referred to as cell-based meat, lab-grown meat, and clean meat) is grown in laboratories from animal cell-cultures. First developed in the early 2000s, improved technological efficiencies and reduced production costs have allowed cell-cultured meat companies, including cell-cultures from cattle, hogs, poultry, and fish, to scale up and, in some instances, move closer to commercial viability. Some cell-cultured meat innovators believe their products could be sold within a few years in certain markets and become widely available in 10 years. A debate about which federal agency—the Department of Health and Human Services’ (HHS) Food and Drug Administration (FDA) or the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS)—has regulatory jurisdiction over cell-cultured meat Congressional Research Service R45491 · VERSION 3 · UPDATED 10 Science and Technology Issues in the 116th Congress surfaced in early 2018. Currently, FSIS regulates meat and poultry, catfish, and egg products. FDA regulates game-meat, fish and seafood, processed meat products (containing 2%-3% meat), and shell eggs. FDA and FSIS often share overlapping responsibilities for some food products and have developed “memoranda of understanding” (MOU) to facilitate communication and division of responsibilities between the two agencies. In February 2018, the U.S. Cattlemen’s Association petitioned USDA to have FSIS establish meat labeling requirements that exclude cell-cultured products. The petition requested that only meat derived directly from animals raised and slaughtered be labeled “beef” and “meat.” Congress took up cell-cultured meat in April 2018 when USDA Secretary Perdue testified before the House Committee on Appropriations, stating that meat grown in laboratories would be under the sole purview of USDA, and any product labeled as meat would be under USDA jurisdiction. In May 2018, the House-reported agricultural appropriations bill (H.R. 5961) included a general provision that would have required USDA “for fiscal year 2018 and hereafter” to regulate cellcultured products made from cells of amenable species of livestock and poultry, as defined in the Federal Meat Inspection Act and Poultry Products Inspection Act. In June 2018, FDA stated that under the Federal Food, Drug, and Cosmetic Act, FDA has jurisdiction over “food,” which includes “articles used for food” and “articles used for components of any such article.” Thus, according to FDA, both of the substances used in the manufacture of cell-cultured products, and the final products that will be used for food, are subject to the FDA’s jurisdiction. Any substance that is intentionally added to food is considered a food additive and is subject to premarket review and approval by FDA. An exception to this requirement is when there is a consensus, among qualified experts that the substance is “generally recognized as safe” (GRAS) for its intended use. In November 2018, a joint statement from USDA and FDA announced that both agencies “should jointly oversee the production of cell-cultured food products derived from livestock and poultry.” The statement further clarified that FDA would oversee cell collection, cell banks, cell growth, and the process of differentiation. USDA is to oversee the production and labeling of food products derived from the cells. This statement initiates the process of developing the regulatory framework for cell-culture meat and poultry; however, other key aspects of the regulations have yet to be announced. For example, fish, for which cell-cultured technology is being developed, is regulated by FDA, but was not mentioned in the statement. In addition, there are still questions on how to obtain premarket approval and how inspection of cell-cultured meat facilities will be conducted. Finally, the statement did not resolve the contentious issue of cell-cultured meat labeling terminology. Cell-cultured meat regulation decisions may be further clarified in the near future—perhaps through a MOU between FDA and USDA. For Further Information Sahar Angadjivand, Analyst in Agricultural Policy Joel L. Greene, Analyst in Agricultural Policy CRS In Focus IF10947, Regulation of Cell-Cultured Meat, by Joel L. Greene and Sahar Angadjivand Biomedical Research and Development Advances in science and technology related to biomedical research and development underpin improvements in medications and treatments. Some of the biomedical R&D issues that the 116th Congress may face include those related to the budget and oversight of the National Institutes of Congressional Research Service R45491 · VERSION 3 · UPDATED 11 Science and Technology Issues in the 116th Congress Health, the role the Food and Drug Administration in approving new medicines and laboratory tests, and issues related to stem cell-based medicine and genomic editing. National Institutes of Health and the 21st Century Cures Act The National Institutes of Health is the lead federal agency conducting and supporting biomedical research. Congress provided the agency with $39 billion in funding for FY2019 for basic, clinical, and translational research in NIH’s laboratories as well as in research institutions nationwide. The extramural research program (more than 80% of the NIH budget) provides grants, contracts, and training awards to support over 30,000 individuals at more than 2,500 universities, academic health centers, and research facilities across the nation. NIH represents about one fifth of total federal research and development spending, and half of non-Department of Defense research and development funding. NIH is a large and complex organization made up of 27 institutes and centers (ICs). Each IC sets its own research priorities and manages its research programs in coordination with the Office of the Director (OD). The individual ICs may focus on particular diseases (e.g., The National Cancer Institute), areas of human health and development (e.g., The National Institute on Aging), scientific fields (e.g., National Institute for Environmental Health Sciences), or biomedical professions and technology (e.g., National Institute of Biomedical Imaging and Bioengineering). Congress provides separate appropriations to 24 of the 27 ICs, to OD, and to a buildings and facilities account. The 21st Century Cures Act (P.L. 114-255) authorized four major Innovation Projects at NIH, some conducted in partnership with other federal agencies such as the Food and Drug Administration (FDA) or Department of Defense (DOD)     the Precision Medicine Initiative (PMI; $1.5 billion for FY2017 through FY2026), the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative ($1.5 billion for FY2017 through FY2026), cancer research ($1.8 billion for FY2017 through FY2023), and regenerative medicine ($30 million for FY2017 through FY2020). The 116th Congress may continue previous congressional interest and oversight of the implementation and progress of the Innovation Projects authorized by the 21st Century Cures Act. For Further Information Kavya Sekar, Analyst in Health Policy Judith A. Johnson, Specialist in Biomedical Policy CRS Report R41705, The National Institutes of Health (NIH): Background and Congressional Issues, by Judith A. Johnson CRS Report R43341, NIH Funding: FY1994-FY2019, by Judith A. Johnson and Kavya Sekar CRS Report R44720, The 21st Century Cures Act (Division A of P.L. 114-255), coordinated by Amanda K. Sarata CRS Report R44916, Public Health Service Agencies: Overview and Funding (FY2016-FY2018), coordinated by C. Stephen Redhead and Agata Dabrowska Congressional Research Service R45491 · VERSION 3 · UPDATED 12 Science and Technology Issues in the 116th Congress The Food and Drug Administration: Medical Product Innovation The Food and Drug Administration (FDA) regulates the safety of foods, cosmetics, and radiationemitting products; the safety and effectiveness of drugs, biologics, and medical devices; as well as public health aspects of tobacco products. To keep pace with changes in science and emerging safety and security issues, FDA’s regulations have been subject to various modifications through legislation and administrative action. The 21st Century Cures Act (P.L. 114-255), for example, modified FDA drug and device regulatory pathways to support innovation. Administratively, FDA has issued a series of gene therapy draft guidance documents, concomitant with NIH stepping down oversight of gene therapy human clinical trials. Innovation in this area includes gene editing-based products (e.g., CRISPR) as well as cell-based gene therapies (e.g., CAR-T therapies). Pursuant to the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act (P.L. 115-271), FDA must meet with stakeholders and issue guidance to address the challenges of developing nonaddictive medical products for treatment of pain or addiction through regulatory mechanisms established in the 21st Century Cures Act (e.g., application of novel clinical trial designs). Additionally, the agency launched an Innovation Challenge to incentivize the development of medical devices to detect, treat and prevent addiction and pain. Medical devices are increasingly connected to the internet, hospital networks, and other medical devices, which can increase the risk of cybersecurity threats. Currently, FDA does not have explicit statutory authority pertaining to medical device cybersecurity. However, manufacturers are required to comply with Quality Systems Regulations (QSRs), which are good manufacturing practices for medical devices. QSRs may address, among other things, risk analysis, including cybersecurity risk. In October 2018, FDA entered into a Memorandum of Agreement with the Department of Homeland Security, to implement a framework for greater coordination and information sharing between the two agencies about medical device cybersecurity threats and vulnerabilities. For Further Information Agata Dabrowska, Analyst in Health Policy Victoria Green, Analyst in Health Policy Amanda Sarata, Specialist in Health Policy CRS Report R44576, The Food and Drug Administration (FDA) Budget: Fact Sheet, by Agata Dabrowska and Victoria R. Green CRS Report R44720, The 21st Century Cures Act (Division A of P.L. 114-255), coordinated by Amanda K. Sarata CRS Report R45405, The SUPPORT for Patients and Communities Act (P.L. 115-271): Food and Drug Administration and Controlled Substance Provisions, coordinated by Agata Dabrowska CRS Report R44824, Advanced Gene Editing: CRISPR-Cas9, by Marcy E. Gallo et al. Oversight of Laboratory-Developed Tests (LDTs) In vitro diagnostics (IVD) are devices that provide information used by clinicians and patients to make health care decisions. IVDs are used in laboratory analysis of human samples and include commercial test products and instruments used in testing, among other things. Laboratory- Congressional Research Service R45491 · VERSION 3 · UPDATED 13 Science and Technology Issues in the 116th Congress developed tests (LDTs) are a class of IVD that is manufactured and offered within a single laboratory. Genetic tests are a type of diagnostic test that analyzes various aspects of an individual’s genetic material (DNA, RNA, chromosomes, and genes). Most genetic tests are LDTs. The regulation of LDTs has been the subject of debate over the past 15 years. The FDA has exercised enforcement discretion over LDT regulation, meaning that most LDTs and genetic tests have not undergone FDA premarket review nor received FDA clearance or approval for marketing. Given the growing use and complexity of LDTs and genetic tests, the FDA has revisited how LDTs should be regulated. In October 2014, FDA published draft guidance on the regulation of LDTs in the Federal Register. The agency summarized the public comments it received on the guidance documents in its January 2017 discussion paper on LDTs. This discussion draft included an outline of a possible approach to LDT oversight. The agency also noted in this discussion paper that it would not issue final guidance to allow for further discussion and to “give our congressional authorizing committees the opportunity to develop a legislative solution.” Recently, various legislative approaches have been under discussion. A discussion draft bill circulated in early 2017, the “Diagnostic Accuracy and Innovation Act (DAIA),” was crafted with industry and other stakeholder input. It outlined a regulatory approach for IVD tests that was riskbased and flexible. FDA responded to this draft in August 2018 with a novel regulatory approach for these tests, including a mechanism for pre-certifying certain related tests to streamline premarket requirements, among other things. In December 2018, a new draft bill based on DAIA and incorporating FDA’s feedback was released entitled the “Verifying Accurate, Leading-edge, IVCT Development (VALID) Act.” For Further Information Amanda Sarata, Specialist in Health Policy Judith Johnson, Specialist in Biomedical Policy CRS Report R43438, Regulation of Clinical Tests: In Vitro Diagnostic (IVD) Devices, Laboratory Developed Tests (LDTs), and Genetic Tests, by Amanda K. Sarata and Judith A. Johnson CRS Report RL33832, Genetic Testing: Background and Policy Issues, by Amanda K. Sarata Stem Cells and Regenerative Medicine Stem cells have the unique ability to become many types of cells in the body. Scientists are exploring ways of using stem cells to create regenerative medicine therapies that repair damaged or diseased organs and restore them to normal functioning. Stem cells may either be pluripotent or multipotent. Pluripotent stem cells include embryonic stem cells or reprogrammed adult cells that have the ability to become any of the more than 200 cell types in the adult body. Multipotent stem cells have the capacity to become multiple (but not all) types of cells, usually within a particular organ system such as the blood or nervous system. Most adult stem cells are multipotent stem cells. Recently, Congress has taken action to boost research and development of clinical applications for stem cells, both pluripotent and multipotent. For instance, the 21st Century Cures Act (P.L. 114-255) authorized to be appropriated $30 million for FY2017 through FY2020 for regenerative medicine research and a new designation at FDA for certain regenerative medicine therapies, eligible for expedited review. The term “regenerative medicine therapy” includes cell therapy, therapeutic tissue engineering products, human cell and tissue products, and combination Congressional Research Service R45491 · VERSION 3 · UPDATED 14 Science and Technology Issues in the 116th Congress products using any such therapies or product. Clinical trials are underway for stem cell therapies to treat eye diseases, amyotrophic lateral sclerosis (ALS), Parkinson’s disease, traumatic brain injury, and others. However, some therapies have shown safety concerns, including potential cancer risks. There has also been a rise in the number of stem cell clinics offering unapproved and potentially unsafe treatments to consumers. In response, FDA has issued guidance on the regulation of therapies using human cells. FDA has also issued warning letters and taken enforcement actions against certain stem cell clinics offering unapproved treatments. Similarly, the Federal Trade Commission has filed complaints against marketing claims made by stem cell clinics. The 116th Congress may consider actions to boost research and clinical development of stem cell therapies, while ensuring the safety of such treatments. Policymakers may also consider addressing the rising use of unapproved stem cell treatments. For Further Information Kavya Sekar, Analyst in Health Policy Agata Dabrowska, Analyst in Health Policy Judith A. Johnson, Specialist in Biomedical Policy Amanda Sarata, Specialist in Health Policy CRS Report R44720, The 21st Century Cures Act (Division A of P.L. 114-255), coordinated by Amanda K. Sarata CRS Report RL33540, Stem Cell Research: Science, Federal Research Funding, and Regulatory Oversight, by Judith A. Johnson and Edward C. Liu CRISPR: Advanced Genome Editing Researchers have long been searching for a reliable and simple way to make targeted changes to the genetic material of humans, animals, plants, and microorganisms. Scientists have developed a gene editing tool known as CRISPR—clustered regularly interspaced short palindromic repeated DNA sequences—that offers the potential for substantial improvement over previous technologies. The characteristics of CRISPR—easier to use, more precise, and less costly—have led many in the scientific and business communities to assert that CRISPR could lead to significant advances across a broad range of areas—from medicine and public health to agriculture and the environment. Over the next 5 to 10 years, the National Academy of Sciences (NAS) projects a rapid increase in the number and type of biotechnology products, many enabled by CRISPR. CRISPR has increased both the pace of development and the variety of crops being genetically modified. Scientists are also beginning to use CRISPR in human clinical trials for a variety of cancers, among other conditions. While CRISPR offers a number of potential benefits it may also pose new risks and raise ethical concerns. For example, in 2018 a Chinese scientist claimed that he used CRISPR to modify human embryos creating twin girls who may be more resistant to HIV. These claims have not been published in the scientific literature and therefore have not been verified. The announcement, however, has renewed debate regarding the ethics of genetic engineering. It has also prompted discussion about how existing law and regulation in the United States apply to the conduct of this type of research, its clinical testing in humans, and specifically its potential applications in human embryos. Currently, federal funds cannot be used for research involving Congressional Research Service R45491 · VERSION 3 · UPDATED 15 Science and Technology Issues in the 116th Congress human embryos. Additionally, the FDA is prohibited from using federal funds to review clinical research involving the gene editing of human embryos. CRISPR-related approaches are also being considered by some researchers to reduce or eliminate mosquito populations that serve as the primary vector for the transmission of malaria—potentially saving lives and substantially reducing medical costs. A 2016 report from NAS indicates that existing mechanisms may be inadequate to assess the potential immediate and long-term environmental and public health consequences associated with this use of the technology. In the 116th Congress, policymakers might examine the potential benefits and risks associated with the use of CRISPR gene editing, including the ethical and social implications of CRISPRrelated biotechnology products. Congress might also consider whether and how to address CRISPR gene editing and future biotechnology products with respect to regulation, research and development, and economic competitiveness, including ways to harmonize CRISPR-related policies of the United States with those of other countries. For Further Information Marcy E. Gallo, Analyst in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy Amanda K. Sarata, Specialist in Health Policy Tadlock Cowan, Analyst in Natural Resources and Rural Development CRS Report R44824, Advanced Gene Editing: CRISPR-Cas9, by Marcy E. Gallo et al. Climate Change Science and Water The 116th Congress may consider whether and how the federal government might address climate change and issues related to water resources. Science and technology considerations permeate these deliberations and may be grouped into six interrelated topics: federal expenditures; climate change science; greenhouse gas (GHG)-related technology development and deployment; investment in infrastructure; anticipating, adapting to, and increasing resilience to the impacts of climate changes; and carbon sequestration technology. Additionally, Congress may face several issues related to ensuring reliable water quality and quantity. Climate-Related S&T Expenditures and Activities by the Federal Government Federal funding and tax incentives for climate-related S&T reached almost $17 billion in FY2016, the last year reported to Congress by the Office of Management and Budget in response to annual appropriations directives. The funding was spread across 16 reporting agencies, though some related expenditures may not be included. Of the S&T total, approximately $6.7 billion, about 42%, were tax incentives for technology deployment. Another 45% funded “clean energy technology,” the large majority at the Department of Energy for R&D and deployment programs. Approximately 15% funded climate change-related science, most of which supported satellites and computing infrastructure. Congress has not thus far reduced appropriations for most climate change-related S&T programs as proposed by the President’s budgets for FY2018 and FY2019. The 116th Congress will again consider appropriations for climate change-related programs and incentives. Congressional Research Service R45491 · VERSION 3 · UPDATED 16 Science and Technology Issues in the 116th Congress For Further Information Jane A. Leggett, Specialist in Energy and Environmental Policy CRS Report R43227, Federal Climate Change Funding from FY2008 to FY2014, by Jane A. Leggett, Richard K. Lattanzio, and Emily Bruner CRS Report R45258, Energy and Water Development: FY2019 Appropriations, by Mark Holt and Corrie E. Clark CRS Report RS22858, Renewable Energy R&D Funding History: A Comparison with Funding for Nuclear Energy, Fossil Energy, Energy Efficiency, and Electric Systems R&D, by Corrie E. Clark CRS In Focus IF10589, FY2019 Funding for CCS and Other DOE Fossil Energy R&D, by Peter Folger CRS In Focus IF10225, Coastal Flood Resilience: Policy, Roles, and Funds, by Nicole T. Carter, Harold F. Upton, and Francis X. McCarthy Climate Change-Related Science Congress may scrutinize several recent scientific assessments—domestic and international—that strengthened previous assessments: Human-related emissions of greenhouse gases (GHG) are accumulating in the atmosphere, intensifying the natural greenhouse gas effect, and increasing acidity of the oceans. The latest major U.S. assessment, the Climate Science Special Report (CSSR), released in October 2017 by the U.S. Global Change Research Program (USGCRP), concluded that the increase in GHG is driving global land and ocean warming and other climate changes that are now unprecedented in the history of modern civilization. It also stated, [B]ased on extensive evidence, that it is extremely likely [>95% likelihood] that human activities, especially emissions of greenhouse gases [GHG], are the dominant cause of the observed warming since the mid-20th century. For the warming over the last century, there is no convincing alternative explanation supported by the extent of the observational evidence. The USGCRP’s November 2018 Fourth National Climate Assessment (NCA4) concluded, inter alia, that human-induced climate change is affecting U.S. communities across the country through extreme weather events and generally warmer temperatures, more variable precipitation, and other observed trends. The NCA4 anticipates continued and increasing disruption to infrastructure, economic, and social systems, including economic disparities. Such impacts would not be distributed evenly across the United States and globally. According to its assessment, projected climate change impacts are affecting, and are virtually certain to increasingly affect, the U.S. economy, trade, and other essential U.S. interests. Some stakeholders, including some Members of Congress, consider that the resulting impacts of climate change in the United States and abroad are and would be modest and manageable. The assessments above, and much of the observations and research on which they are founded, have resulted from decades of federal (and nonfederal) investment, amounting to tens of billions of dollars, in global change science. The USGCRP is an interagency mechanism, required by the Global Change Research Act of 1990 (P.L. 101-606), that coordinates and integrates global change research across 13 government agencies. The 116th Congress may seek to understand the scientific foundations for recent U.S. and international assessments, including the data and methods that increasingly support attribution of Congressional Research Service R45491 · VERSION 3 · UPDATED 17 Science and Technology Issues in the 116th Congress many observed changes and extreme weather events to human-related GHG emissions. Congress may also express priorities for further scientific research. In light of the state of climate science, Congress may consider the level of appropriations for its priorities and the distribution among federal climate-related science programs. For example, deliberations may concern the balance between observations and analysis, between science to increase knowledge and to support private and public decisionmaking, and between physical and social sciences, as well as public accessibility to federally supported information. For Further Information Jane A. Leggett, Specialist in Energy and Environmental Policy CRS Report R45086, Evolving Assessments of Human and Natural Contributions to Climate Change, by Jane A. Leggett GHG-Related Technology Research, Development, Demonstration, and Deployment A large majority of federal climate change-related expenditures is aimed at advancing “clean energy.” Most human-related GHG emissions come from production, distribution, and combustion of fossil fuels, particularly for electricity generation and transportation, and are primarily emitted as carbon dioxide (CO2) and methane (CH4). Scientists agree that halting GHGinduced climate change would require eventually reducing net GHG emissions to near zero; the total amount of change would depend in large part on the cumulative emissions on that pathway. Many analysts see a decades-long path to stabilizing climate change as involving greater advance and deployment of efficiency improvements, decarbonization, and electrification of the world’s economies, along with additional options in multiple sectors. Many options could potentially provide additional security and health benefits, while their costs may depend on public and private investments in research, development, demonstration, and deployment (RDD&D), as well as efforts to facilitate transitions in businesses, employment, and communities. Some see potential carbon capture, utilization, and sequestration (CCUS) technologies as key to preventing CO2 emissions while preserving a large place for coal and other fossil fuels in the energy economy. Still others advocate for developing CO2 removal or geoengineering technologies, along with international governance regimes, to intentionally and directly modify the climate, particularly should the climate change rapidly and adversely. The capacity to reduce GHG emissions to near zero at affordable costs, while maintaining U.S. economic growth and security, would depend on deployment of existing and demonstrated technologies supplemented by technological breakthroughs. Members may deliberate on the appropriate degree and means of federal support for advancing and deploying new technologies. Choices the 116th Congress may address include:     whether any policies should be neutral or favor selected technologies (or fuels); where federal intervention in the technology pipeline, through RDD&D, can be most cost efficient; whether policies are most effective when aimed at pushing the supply of selected technologies or incentivizing demand for low- or no-GHG technologies, or in combination; and how best to engage with the private sector and research institutions in partnerships on RDD&D. Congressional Research Service R45491 · VERSION 3 · UPDATED 18 Science and Technology Issues in the 116th Congress RDD&D funding has not been evenly distributed across technology types. Research has been intended to advance fossil fuel combustion, renewable energy (including biofuels), efficiency, storage, vehicles and their fuels, nuclear energy, and the electricity grid. Some incentives focus on “supply-push” of technologies (e.g., R&D funding), while others emphasize “demand-pull” (e.g., tax incentives for purchasers), with numerous examples suggesting that coordinated use of both could be most effective. Cleaner energy technologies can produce public health benefits in addition to climate benefits, while shifts in the energy economy can pose transitional challenges to workers and communities. The magnitude of federal expenditures for climate change technologies, the performance of federally supported programs, and priorities for policy tools and technologies may be topics for Congress, particularly in light of budget objectives. For Further Information Jane A. Leggett, Specialist in Energy and Environmental Policy CRS Report RS22858, Renewable Energy R&D Funding History: A Comparison with Funding for Nuclear Energy, Fossil Energy, Energy Efficiency, and Electric Systems R&D, by Corrie E. Clark CRS Report R45204, Vehicle Fuel Economy and Greenhouse Gas Standards: Frequently Asked Questions, by Richard K. Lattanzio, Linda Tsang, and Bill Canis CRS Report R42566, Alternative Fuel and Advanced Vehicle Technology Incentives: A Summary of Federal Programs, by Lynn J. Cunningham et al. CRS Report R45010, Public-Private Partnerships (P3s) in Transportation, by William J. Mallett CRS In Focus IF10979, Greenhouse Gas Emissions and Sinks in U.S. Agriculture, by Renée Johnson Climate Change and Infrastructure Leaders in both chambers of Congress, as well as President Trump, are interested in federal investment in the nation’s infrastructure. In evaluating options for infrastructure, two types of linkages with climate change may be important to consider simultaneously (along with numerous other factors) to optimize investments: infrastructure effects on long-term GHG emissions and potential effects of climate change on long-term infrastructure-related costs and public health and safety. For example, decisions regarding modernization of the electric grid may take account both of possible future policies to reduce GHG emissions and effects on electricity reliability in the context of more extreme weather events and an average increase in summer cooling demand. The first linkage between climate change and infrastructure investment arises from the foundation that infrastructure sets for certain technological choices, and consequently, levels of future U.S. GHG emissions (and the costs of reducing them). Long-lived infrastructure may exert influence on emissions for decades into the future; Infrastructure can “lock in” or support flexibility for certain technological options. Infrastructure choices could make adaption to new science, technological advances, and policy priorities more or less expensive. Infrastructure influence on GHG emissions is particularly strong for energy supply, transportation, industry, buildings, and communities. For example, pipeline infrastructure would be critical for deployment of CCUS technologies, particularly for industrial applications. In transportation, choices among transportation modes, and choices between energy types (e.g., gasoline or biofuels or electricity) would depend in part on the availability of the refueling or charging infrastructure. Similarly, land use decisions—generally made by local governments and maybe influenced by federal funding—affect transportation options, which can have long-term Congressional Research Service R45491 · VERSION 3 · UPDATED 19 Science and Technology Issues in the 116th Congress impacts on fossil fuel consumption. For example, land use development patterns designed for private automobiles are often not readily adaptable for installation of mass transit. A second linkage between climate change and infrastructure investment is the ability of infrastructure to avoid damages and offer resilience to climate changes, including extreme weather events that scientists expect to increase in frequency and strength. Because much infrastructure is intended to last for decades, projected climate changes in 2030 or 2050 that seem far off for current decisionmaking may have importance for future adequacy, safety, operating costs, and maintenance of investments. Some federal (including military) infrastructure has been severely damaged in recent extreme weather events, while nonfederal water, energy, transportation, urban, and other systems have been disrupted or experienced sustained damage. Congress may consider the merits of technical specifications or incentives to harden or increase the resiliency of long-lived infrastructure funded by the federal government, potentially providing model code or demonstrations to other decisionmakers. Policy choices could, on the one hand, increase near-term costs of building infrastructure; on the other hand, climate-related benefits could include avoiding future losses to life, damages to human health (including mental health), and higher federal outlays that could occur with projected climate change. For Further Information Jane A. Leggett, Specialist in Energy and Environmental Policy CRS Report R45156, The Smart Grid: Status and Outlook, by Richard J. Campbell CRS Report R45105, Potential Options for Electric Power Resiliency in the U.S. Virgin Islands, by Corrie E. Clark, Richard J. Campbell, and D. Andrew Austin CRS Report R44911, The Energy Savings and Industrial Competitiveness Act: S. 385 and H.R. 1443, by Corrie E. Clark CRS Report R45350, Funding and Financing Highways and Public Transportation, by Robert S. Kirk and William J. Mallett CRS In Focus IF10702, Drought Response and Preparedness: Policy and Legislation, by Nicole T. Carter and Charles V. Stern CRS Report R40147, Infrastructure: Green Building Overview and Issues, by Eric A. Fischer and Danielle A. Arostegui CRS Report R43415, Keystone XL: Greenhouse Gas Emissions Assessments in the Final Environmental Impact Statement, by Richard K. Lattanzio Science and Technology for Adaptation and Resilience In light of recent scientific assessments and federal outlays for relief and recovery following extreme weather events, some of which have been statistically linked to GHG-induced climate change, Congress may review federal programs for S&T to support adaptation or resilience to projected climate change. Some issues related to infrastructure technology are discussed above, and there are additional science and technology issues associated with adaptation and resilience. For example, technological R&D needs may include new crop seed varieties suited to emerging climate conditions, better means to manage floodwaters, advanced air conditioning technologies for buildings, wildfire management techniques, and others. Further advances in climate forecasting, particularly at the local scale, could assist assessment of vulnerabilities and preparation for opportunities and risks. Improved understanding of human behavior could assist adaptation and resilience. Congressional Research Service R45491 · VERSION 3 · UPDATED 20 Science and Technology Issues in the 116th Congress Congress may address the federal role in supporting S&T that can facilitate effective state, local, and private decisionmaking on adaptation and resilience to climate change. Federal roles may include easing access to scientific research, climate and seasonal projections, impact assessments, and adaptation decision tools. One question would be the degree to which federal financial support encourages or discourages consideration of vulnerabilities and adaptation in private, state, and local decisionmaking, as regarding flood risk mitigation or agricultural risks. Congress may also review efforts already begun to incorporate climate change projections into federal agency management of federal personnel, infrastructure, and operations. Effective agency decisions would all depend on the adequacy and appropriate use of scientific information and available technologies. For Further Information Jane A. Leggett, Specialist in Energy and Environmental Policy CRS Report R43915, Climate Change Adaptation by Federal Agencies: An Analysis of Plans and Issues for Congress, coordinated by Jane A. Leggett CRS Report R45017, Flood Resilience and Risk Reduction: Federal Assistance and Programs, by Nicole T. Carter et al. CRS Report R43407, Drought in the United States: Causes and Current Understanding, by Peter Folger CRS Report R43199, Energy-Water Nexus: The Energy Sector’s Water Use, by Nicole T. Carter CRS Report R44632, Sea-Level Rise and U.S. Coasts: Science and Policy Considerations, by Peter Folger and Nicole T. Carter CRS In Focus IF10728, After the Storm: Highway Reconstruction and Resilience, by Robert S. Kirk Carbon Capture and Sequestration Carbon capture and sequestration (or storage)—known as CCS—involves capturing carbon dioxide (CO2) at its source, storing it underground, or utilizing it for another purpose or product. (As noted earlier, CCS is sometimes referred to as CCUS—carbon capture, utilization, and storage.) CCS could reduce the amount of CO2 emitted from the burning of fossil fuels at large stationary sources. Carbon utilization recently has gained interest within Congress as a means for capturing CO2 and converting it into potentially commercially viable products, such as chemicals, fuels, cements, and plastics. Direct air capture (DAC) is also an emerging technology. DAC would remove atmospheric CO2 directly from the atmosphere. CCS includes three main steps: (1) capturing CO2; (2) transporting CO2; and (3) injecting it into the subsurface. Following injection, the CO2 would be monitored to verify that it remains underground. Capturing CO2 is the most costly and energy-intensive step in the process (this is sometimes referred to as the energy penalty or the parasitic load). Emerging technologies for carbon utilization and DAC have energized some CCS advocates. A challenge for utilization is whether the market for products and uses is large enough so that the amount of carbon captured or removed has a measurable effect mitigating climate change. The challenge for DAC is fairly straightforward—how to reduce the cost per ton of CO2 removed. Since FY2010, Congress has provided more than $5 billion total in annual appropriations for CCS activities at DOE, primarily for research and development within DOE’s Office of Fossil Energy (FE). Congress provided nearly $727 million to FE R&D in FY2018 and $740 million for Congressional Research Service R45491 · VERSION 3 · UPDATED 21 Science and Technology Issues in the 116th Congress FY2019. The Trump Administration’s FY2019 budget request would have shifted away from CCS R&D to fund other priorities. Globally, two fossil-fueled power plants currently generate electricity and capture CO2 in large quantities: the Boundary Dam plant in Canada and the Petra Nova plant in Texas. Both plants offset some of the capture costs by selling the captured CO2 for purposes of enhanced oil recovery. The 115th Congress enacted a tax provision (Title II, Section 41119 of P.L. 115-123, which amended Internal Revenue Code, Section 45Q). The amendment increases the tax credit for CCS. Some stakeholders suggest that the changes to Section 45Q could be a “game changer” for CCS development in the United States. The 116th Congress may explore how the 45Q tax credit is being implemented, and whether further legislative changes to the provision might be needed to accelerate deployment of CCS. For Further Information Peter Folger, Specialist in Energy and Natural Resources Policy CRS Report R44902, Carbon Capture and Sequestration (CCS) in the United States, by Peter Folger CRS Report R41325, Carbon Capture: A Technology Assessment, by Peter Folger Water Reliable water quantity and quality supports the U.S. population and economy, including public and ecosystem health, agriculture, and industry (e.g., energy production, fisheries, navigation, and manufacturing). Research related to developing, using, and protecting water supplies and aquatic ecosystems is diverse. Because of this diversity, federal research activities and facilities span numerous departments, agencies, and laboratories. The federal government also funds water research through grants to universities and other researchers. In recent years, federal agencies have sponsored various prize competitions for water data, science, and technologies and developed cooperative arrangement with various entities. Drinking water contamination and recent droughts, floods, and storms also have increased interest in innovative technologies and practices (including approaches that mimic nature, often referred to as green infrastructure or nature-based infrastructure). The 116th Congress may consider water research and technology topics which can be broadly divided into water and aquatic ecosystem information, water infrastructure and use, and water quality. Information on water and aquatic ecosystem information includes observations, forecasts, and associated modeling. Science and research agencies collect data remotely and in situ; they use a wide variety of traditional and new technologies and techniques that inform water-related decisions for infrastructure, agriculture, and drinking water and wastewater services. Some of the water and ecosystem information research topics that may be before the 116th Congress include the following:     water monitoring infrastructure and science programs, including, water quality monitoring, stream gauges, buoys, and groundwater assessments; water-related weather, climate, and earth system science including storm surge, hurricane, rainfall, and drought forecasts and associated remote sensing investments (see “Earth-Observing Satellites”); water conditions in rivers and along coasts (e.g., relative sea-level rise rates); altering the operation of existing reservoirs (e.g., using seasonal forecasts for forecast-informed operations); Congressional Research Service R45491 · VERSION 3 · UPDATED 22 Science and Technology Issues in the 116th Congress    monitoring and management of invasive species and harmful algal blooms; access to and use of water data (e.g., the Open Water Data Initiative); and coordination of the federal water science and research portfolio, including partnerships with academic and private entities. Water infrastructure research encompasses how to prolong and improve the performance of existing coastal and inland water infrastructure as well as the development of next-generation infrastructure technologies. Some infrastructure and water use research topics include:     water augmentation technologies and science to support their adoption, including stormwater capture, water reuse, brackish and seawater desalination, as well as groundwater recharge, storage, and recovery; technologies and materials for monitoring and rehabilitating aging infrastructure, such as materials selection, construction and repair techniques, and detection technologies (e.g., structural health monitors and leak detection); water efficiency technologies and practices; and technologies to enhance infrastructure resilience to droughts, floods, hurricanes, and other natural hazards. The quality of drinking water, surface water, and groundwater is important for public health, environmental protection, food security, and other purposes. Technologies for preventing contamination and for identifying and treating existing contamination is an ongoing research topic for the federal government. Some research topics include:    analytical methods and treatment technologies to detect and manage emerging contaminants (e.g., cyanotoxins associated with harmful algal blooms and perfluoroalkyl substances [PFASs]); technologies to prevent and manage contamination at drinking water treatment plants and in distribution systems (e.g., real-time monitoring, treatment to minimize disinfection byproducts, and lead pipe corrosion control); and innovative technologies and practices to protect water quality, including methods for increasing resilience of drinking water systems against natural disasters, protecting drinking water sources for public water system from contamination (e.g., nature-based stormwater management, watershed management approaches, and nonpoint source pollution management). For Further Information Nicole T. Carter, Specialist in Natural Resources Policy Peter Folger, Specialist in Energy and Natural Resources Policy Elena H. Humphreys, Analyst in Environmental Policy Eva Lipiec, Analyst in Natural Resources Policy Anna E. Normand, Analyst in Natural Resources Policy Pervaze A. Sheikh, Specialist in Natural Resources Policy CRS Report R43777, U.S. Geological Survey: Background, Appropriations, and Issues for Congress, by Pervaze A. Sheikh and Peter Folger CRS Report R43407, Drought in the United States: Causes and Current Understanding, by Peter Folger Congressional Research Service R45491 · VERSION 3 · UPDATED 23 Science and Technology Issues in the 116th Congress CRS Report R44632, Sea-Level Rise and U.S. Coasts: Science and Policy Considerations, by Peter Folger and Nicole T. Carter CRS Report R44871, Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations, by Laura Gatz CRS Report R45259, The Federal Role in Groundwater Supply: Overview and Legislation in the 115th Congress, by Peter Folger et al. CRS In Focus IF10719, Forecasting Hurricanes: Role of the National Hurricane Center, by Peter Folger Defense Science and technology play an important role in national defense. The Department of Defense (DOD) relies on a robust research and development effort to develop new military systems and improve existing systems. Issues that may come before the 116th Congress regarding the DOD’s S&T activities include budgetary concerns and the effectiveness of programs to transition R&D results into fielded products. Department of Defense Research and Development The Department of Defense spends more than $90 billion per year on research, development, testing, and evaluation (RDT&E). Roughly 80%-85% of this is spent on the design, development, and testing of specific military systems. Examples of such systems include large integrated combat platforms such as aircraft carriers, fighter jets, and tanks, among others. They also include much smaller systems such as blast gauge sensors worn by individual soldiers. The other 15%20% of the RDT&E funding is spent on what is referred to as DOD’s Science and Technology Program. The S&T Program includes activities ranging from basic science to demonstrations of new technologies in the field. The goal of DOD’s RDT&E spending is to provide the knowledge and technological advances necessary to maintain U.S. military superiority. DOD’s RDT&E budget contains hundreds of individual line items. Congress provides oversight of the program, making adjustments to the amount of funding requested for any number of line items. These changes are based on considerations such as whether the department has adequately justified the expenditure or the need to accommodate larger budgetary adjustments. RDT&E priorities and focus, including those of the S&T portion, do not change radically from year to year, though a few fundamental policy-related issues regularly attract congressional attention. These include ensuring that S&T, particularly basic research, receives sufficient funding to support next generation capabilities; seeking ways to speed the transition of technology from the laboratory to the field; and ensuring an adequate supply of S&T personnel. Additionally, the impact of budgetary constraints, including continuing resolutions, on RDT&E may be of interest to the 116th Congress. Specifically, senior DOD officials have been describing the need to develop and implement a strategy aimed at identifying new and innovative ways to maintain the dominance of U.S. military capabilities into the future, which may require increased investment in RDT&E. In addition, as federal defense-related R&D funding’s share of global R&D funding has fallen from about 36% in 1960 to about 4% in 2016, some have become concerned about the ability of DOD to direct the development of leading technologies and to control which countries have access to it. Today, commercial companies in the United States and elsewhere in the world are leading development of groundbreaking technologies in fields such as artificial intelligence, Congressional Research Service R45491 · VERSION 3 · UPDATED 24 Science and Technology Issues in the 116th Congress autonomous vehicles and systems, and advanced robotics. DOD has sought to build institutional mechanisms (e.g., the Defense Innovation Unit) and a culture for accessing technologies from nontraditional defense contractors. DOD’s ability to maintain a technology edge for U.S. forces may depend increasingly upon these external sources of innovation for its weapons and other systems. For Further Information John F. Sargent Jr., Specialist in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy CRS Report R45403, The Global Research and Development Landscape and Implications for the Department of Defense, by John F. Sargent Jr., Marcy E. Gallo, and Moshe Schwartz CRS Report R44711, Department of Defense Research, Development, Test, and Evaluation (RDT&E): Appropriations Structure, by John F. Sargent Jr. CRS Report R45110, Defense Science and Technology Funding, by John F. Sargent Jr. CRS Report R45150, Federal Research and Development (R&D) Funding: FY2019, coordinated by John F. Sargent Jr. Energy Energy-related science and technology issues that may come before the 116th Congress include those related to reprocessing spent nuclear fuel, advances in nuclear energy technology, the development of biofuels and ocean energy technology, and international fusion research. Reprocessing of Spent Nuclear Fuel Spent fuel from commercial nuclear reactors contains most of the original uranium that was used to make the fuel, along with plutonium and highly radioactive lighter isotopes produced during reactor operations. A fundamental issue in nuclear policy is whether spent fuel should be “reprocessed” or “recycled” to extract plutonium and uranium for new reactor fuel, or directly disposed of without reprocessing. Proponents of nuclear power point out that spent fuel still contains substantial energy that reprocessing could recover, and that reprocessing could reduce the long-term hazard of radioactive waste. However, reprocessed plutonium can also be used in nuclear weapons, so critics of reprocessing contend that federal support for the technology could undermine U.S. nuclear weapons nonproliferation policies. The potential commercial viability of reprocessing or recycling is also an issue. In the 1950s and 1960s, the federal government expected that all commercial spent fuel would be reprocessed to make fuel for “breeder reactors” that would convert uranium into enough plutonium to fuel additional commercial breeder reactors. Increased concern about weapons proliferation in the 1970s and the slower-than-projected growth of nuclear power prompted President Carter to halt commercial reprocessing efforts in 1977, along with a federal demonstration breeder project. During the Reagan Administration, Congress provided funding to restart the breeder demonstration project, but then halted project funding in 1983 while continuing to fund breeder-related research and development by the Department of Energy (DOE). During the Clinton Administration, research on producing nuclear energy through reprocessing was largely halted, although some work on the technology continued for waste management purposes. Congressional Research Service R45491 · VERSION 3 · UPDATED 25 Science and Technology Issues in the 116th Congress During the George W. Bush Administration, there was renewed federal support for reprocessing, with a proposal to complete a pilot plant by the early 2020s. During the Obama Administration, plans for the pilot plant were halted and DOE’s Fuel Cycle Research and Development Program was redirected toward development of technology options for a wide range of nuclear fuel cycle approaches, including direct disposal of spent fuel (the “once through” cycle), deep borehole disposal, and partial and full recycling. The Trump Administration proposed deep reductions in Fuel Cycle R&D in FY2018 and FY2019. However, the Consolidated Appropriations Act for 2018 (P.L. 115-141) increased the program’s funding from $208 million in FY2017 to $260 million in FY2018—a 26% boost. Funding was increased slightly further, to $264 million, by the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (P.L. 115-244). The level of funding for nuclear fuel cycle and waste disposal R&D may be a continuing issue in the 116th Congress. Another DOE project related to reprocessing policy is the uncompleted Mixed Oxide Fuel Fabrication Facility (MFFF) at the Department’s Savannah River Site in South Carolina. MFFF would produce fuel for commercial nuclear reactors using surplus nuclear weapons plutonium, as part of an agreement with Russia to reduce nuclear weapons material. Critics of the project contend that MFFF would subvert U.S. nonproliferation efforts by encouraging the use of plutonium fuel. Because of rising costs, the Obama Administration proposed to halt the MFFF project in FY2017 and pursue alternative plutonium disposition options. The Trump Administration’s FY2018 budget request also called for terminating MFFF. The FY2018 National Defense Authorization Act (P.L. 115-91) authorized DOE to pursue an alternative disposal option if its total costs were found to be less than half of those for completing and operating MFFF. The Consolidated Appropriations Act for 2018 conformed to the NDAA authorizing language. Energy Secretary Rick Perry certified in May 2018 that the cost saving requirement for terminating MFFF would be met. For FY2019, P.L. 115-244 appropriated $220 million, the same as the request, to begin shutting down the project. Termination of MFFF could shift the debate on plutonium disposition policy toward other options, such as dilution and disposal in a deep repository. R&D funding for such alternatives could be an issue for the 116th Congress. For Further Information Mark Holt, Specialist in Energy Policy CRS Report R42853, Nuclear Energy: Overview of Congressional Issues, by Mark Holt CRS Report RL34234, Managing the Nuclear Fuel Cycle: Policy Implications of Expanding Global Access to Nuclear Power, coordinated by Mary Beth D. Nikitin CRS Report R43125, Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management and Policy Issues, by Mark Holt and Mary Beth D. Nikitin Advanced Nuclear Energy Technology All currently operating commercial nuclear power plants in the United States are based on light water reactor (LWR) technology, in which ordinary water cools the reactor and acts as a neutron moderator to help sustain the nuclear chain reaction. DOE has long conducted research and development work on other, non-LWR nuclear technologies that could have advantages in safety, waste management, and cost. A growing number of private-sector firms are pursuing commercialization of advanced nuclear technologies as well. Advanced nuclear energy technologies include high-temperature gas-cooled reactors, liquid metal-cooled reactors, and molten salt reactors (in which the nuclear fuel is dissolved in the coolant), among a wide range of other concepts. Many of these concepts would involve nuclear Congressional Research Service R45491 · VERSION 3 · UPDATED 26 Science and Technology Issues in the 116th Congress chain reactions using fast neutrons, which are not slowed by a moderator. Research on advanced reactor coolants, materials, controls, and safety is carried out by DOE’s Advanced Reactor Technologies program. The program received $111.5 million for FY2019 (P.L. 115-244), 51% above the Administration request. The appropriation includes $20 million for research and development on microreactors—reactors with electric generating capacity of only a few megawatts, a tiny fraction of the capacity of existing commercial reactors. Private-sector nuclear technology companies contend that a major obstacle to commercializing advanced reactors is that the Nuclear Regulatory Commission’s (NRC’s) licensing process is based on existing LWR technology. They have urged NRC to develop a licensing and regulatory framework that could apply to all nuclear concepts. They also have recommended a “staged review process” to provide conditional NRC approval for advanced reactor designs at key milestones toward the issuance of an operating license. NRC and DOE are currently implementing the Joint Advanced Non-Light Water Reactors Licensing Initiative to adapt existing general design criteria for LWRs for use by advanced reactor license applications. Under that initiative, NRC issued “Guidance for Developing Principal Design Criteria for Non-Light Water Reactors” on April 9, 2018. NRC is also supporting industry efforts to develop guidance for technology-neutral reactor licensing. Legislation to promote advanced nuclear power technologies, the Nuclear Energy Innovation Capabilities Act of 2017 (P.L. 115-248), was signed by President Trump on September 28, 2018. A major provision of the bill would authorize DOE national laboratories or other DOE-owned sites to host reactor demonstration projects sponsored fully or partly by the private sector. It would also require DOE to determine the need for a fast-neutron “versatile” test reactor and authorize grants to help pay for NRC licensing of advanced reactor designs. Related legislation, the Nuclear Energy Innovation and Modernization Act (P.L. 115-439), was signed into law January 14, 2019. Among other provisions, it would require NRC to develop a regulatory framework that would encourage commercialization of advanced nuclear technology. Some public-private R&D on advanced nuclear technology is already being conducted at national labs under DOE’s Gateway for Accelerated Innovation in Nuclear (GAIN) initiative. Congress appropriated $65 million (P.L. 115-244) for early-stage development of a versatile advanced test reactor in FY2019. The 116th Congress may consider additional legislation on advanced reactors, including funding for R&D, licensing, and demonstration. For Further Information Mark Holt, Specialist in Energy Policy CRS Insight IN10765, Small Modular Nuclear Reactors: Status and Issues, by Mark Holt CRS Report R42853, Nuclear Energy: Overview of Congressional Issues, by Mark Holt Biofuels Biofuels—liquid transportation fuels produced from biomass feedstock—are often described as an alternative to conventional fuels. Some see promise in producing liquid fuels from a domestic feedstock that may reduce dependence on foreign sources of oil, contribute to improving rural economies, and lower greenhouse gas emissions. Others regard biofuels as potentially causing more harm to the environment (e.g., air and water quality concerns), encouraging landowners to put more land into production, and being prohibitively expensive to produce. The debate about the feasibility of biofuels is complex, as policymakers consider a multitude of factors (e.g., feedstock costs, timeframe to reach substantial commercial-scale advanced biofuel production, Congressional Research Service R45491 · VERSION 3 · UPDATED 27 Science and Technology Issues in the 116th Congress environmental impact of biofuels). The debate can be even more complicated when considering that biofuels may be produced using numerous biomass feedstocks and conversion technologies. Congress has expressed interest in biofuels for decades, with most of its attention on the production of “first-generation” biofuels (e.g., cornstarch ethanol). Farm bills have had a significant effect on biofuel research and development. Starting in 2002, the farm bills have contained an energy title with several programs focused on assisting biofuel production. In addition, the DOE Office of Energy Efficiency and Renewable Energy (EERE) supports research and development for domestic biofuel production. Congress and the Administration have debated the amount of funding both USDA and DOE should receive for biofuel initiatives. While commercial-scale production of “first-generation” biofuels is well established, commercial-scale production for some advanced biofuels (e.g., cellulosic ethanol) is in its infancy. In 2007, Congress expanded one policy that has supported an increase in advanced biofuel production—the Renewable Fuel Standard (RFS). The RFS requires U.S. transportation fuel to contain a minimum volume of biofuel, a growing percentage of which is to come from advanced biofuels. The RFS is under scrutiny for various reasons, including the Environmental Protection Agency (EPA) exercising its regulatory authority to issue a waiver and reduce the total renewable fuel volume below what was required by statute and concerns about RFS compliance. This creates significant uncertainty for certain stakeholders, with the result that some of the advanced biofuel targets are not being met. An overarching issue is that the statute may require more biofuel to be produced than can be used given the existing motor fuel distribution infrastructure and the limited fleet of passenger vehicles that are built to run on higher percentage blends of biofuels. The 116th Congress may consider whether to modify various biofuel promotional efforts, or to maintain the status quo. For Further Information Kelsi Bracmort, Specialist in Natural Resources and Energy Policy CRS Report R43325, The Renewable Fuel Standard (RFS): An Overview, by Kelsi Bracmort CRS In Focus IF10842, The Renewable Fuel Standard: Is Legislative Reform Needed?, by Kelsi Bracmort CRS In Focus IF10639, Farm Bill Primer: Energy Title, by Kelsi Bracmort CRS In Focus IF10661, DOE Office of Energy Efficiency and Renewable Energy: FY2017 Appropriations and the FY2018 Budget Request, by Kelsi Bracmort and Corrie E. Clark Offshore Energy Development Technologies Technological innovations are key drivers of U.S. ocean energy development. They may facilitate exploration of previously inaccessible resources, provide cost efficiencies in a low-oil-price environment, address safety and environmental concerns, and enable advances in emerging sectors such as U.S. offshore wind. Private industry, universities, and government are all involved in ocean energy R&D. At the federal level, the Department of Energy and the Department of the Interior (DOI) both support ocean energy research. One area of policymaker interest involves deepwater oil and gas operations. Industry interest in expanding deepwater activities, improving efficiency, and reducing costs has prompted improvements in drilling technologies and steps toward automated monitoring and maintenance. The oil and gas industry and federal regulators also have focused on safety improvements to reduce the likelihood of catastrophic oil spills in deep water. In 2016, DOI promulgated safety regulations that tighten requirements for offshore blowout preventer systems and other well Congressional Research Service R45491 · VERSION 3 · UPDATED 28 Science and Technology Issues in the 116th Congress control equipment. In April 2018, DOI published proposed revisions to the rule, including several changes that could reduce the cost to industry and time involved in meeting certain technological requirements. For both the original rule and the proposed revisions, stakeholders have debated the potential costs of compliance and whether the technological requirements are unnecessarily prescriptive or, conversely, not prescriptive enough to achieve safety aims. Congress may also consider technology issues related to offshore drilling in the Arctic, where sea ice and infrastructure gaps pose challenges for the economic viability and safety of mineral exploration. A focus of industry R&D is on technology to extend the Arctic drilling season beyond the periods where sea ice is absent—for example, by developing ice-capable mobile offshore drilling units (MODUs). DOI finalized safety regulations for Arctic exploratory drilling in 2016. President Trump’s Executive Order 13795 ordered DOI to review these regulations and DOI’s Fall 2018 Regulatory Agenda includes an anticipated rule revision. Some have argued that the regulations are too costly for industry and give inadequate weight to available technologies (such as those for well capping) that could reduce safety costs. Others question whether any rules or technologies can adequately ensure drilling safety in the Arctic given the environmental risks. Among renewable ocean energy sources, only wind energy is poised for commercial application in U.S. waters. In December 2016, the first U.S. offshore wind farm, off of Rhode Island, began regular operations. A focus of R&D is technology to increase offshore turbine efficiency and reduce costs, including floating turbines for deep waters, where resources may be more abundant and user conflicts fewer. Other research explores improvements to electrical infrastructure, such as integrating transmission networks for multiple projects. A potential issue for Congress is whether and how to support or incentivize offshore wind development and other ocean renewables. For Further Information Laura Comay, Specialist in Natural Resources Policy CRS Report R44692, Five-Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief, by Laura B. Comay CRS Report R42942, Deepwater Horizon Oil Spill: Recent Activities and Ongoing Developments, by Jonathan L. Ramseur CRS Report R41153, Changes in the Arctic: Background and Issues for Congress, coordinated by Ronald O'Rourke ITER ITER (formerly known as the International Thermonuclear Experimental Reactor) is an international fusion energy research facility currently under construction in Cadarache, France. When completed, ITER is to be the world’s largest fusion reactor and the first capable of producing more energy than it consumes. Although the energy output from ITER will not be harnessed to produce electricity, fusion researchers see ITER as the next step toward implementation of fusion energy as a power source. ITER is an international collaboration. Along with the United States, the partners are the European Union, China, India, Japan, Russia, and South Korea. The United States withdrew from the initial design phase of ITER in 1998 at congressional direction, largely because of concerns about cost and scope. The project was restructured, and the United States rejoined in 2003. The formal international agreement to build the facility was approved in 2006. Congressional Research Service R45491 · VERSION 3 · UPDATED 29 Science and Technology Issues in the 116th Congress The European Union, as host, is responsible for 45% of the construction cost, while the United States and the other participating countries are responsible for 9% each. Most of the U.S. share (which is $132 million in FY2019) is being contributed in kind, in the form of components and equipment sourced mostly from U.S. companies, universities, and national laboratories. The construction phase of ITER is planned for completion in 2027. Once operational, the facility is expected to have a lifespan of 15-25 years. During the operation phase, and during subsequent deactivation and decommissioning, the agreed U.S. cost share is 13%. In recent years, ITER management issues, schedule delays, and cost growth have sometimes led to proposals in Congress to terminate U.S. participation. A central issue is that U.S. funding for ITER may be crowding out funding for domestic fusion energy research. DOE budget documents show the cost of U.S. participation in ITER in FY2020 and beyond as “to be determined” once the Administration decides whether to continue participating in the project. In 2018, at DOE’s request, the National Academies of Science, Engineering, and Medicine issued a strategic plan for fusion energy research. It recommended, first, that “the United States should remain an ITER partner as the most cost-effective way to gain experience with a burning plasma at the scale of a power plant.” Second, looking beyond ITER, it recommended that “the United States should start a national program of accompanying research and technology leading to the construction of a compact pilot plant that produces electricity from fusion at the lowest possible capital cost.” The DOE Fusion Energy Sciences Advisory Committee has also embarked on a strategic planning effort, encompassing both ITER and domestic research, with a final report anticipated in late 2020. The 116th Congress may continue oversight of ITER’s scientific progress, cost, and schedule, and may revisit the debate about whether to continue U.S. participation. For More Information Daniel Morgan, Specialist in Science and Technology Policy Homeland Security The federal government spends billions of dollars supporting research and development to protect the homeland. Some of the issues that the 116th Congress may consider include how the Department of Homeland Security performs research and development; federal efforts to develop and procure new medical countermeasures against chemical, biological, radiological, and nuclear agents; and federal efforts to ensure the safety and security of laboratories working with dangerous pathogens. R&D in the Department of Homeland Security The Department of Homeland Security (DHS) has identified five core missions: to prevent terrorism and enhance security, to secure and manage the borders, to enforce and administer immigration laws, to safeguard and secure cyberspace, and to ensure resilience to disasters. New technology resulting from research and development can contribute to all these goals. The Directorate of Science and Technology has primary responsibility for establishing, administering, and coordinating DHS R&D activities. The Domestic Nuclear Detection Office (DNDO) is responsible for R&D relating to nuclear and radiological threats. Several other DHS components, including the Coast Guard, also fund R&D and R&D-related activities related to their missions. Coordination of DHS R&D is a long-standing congressional interest. In 2012, the Government Accountability Office (GAO) concluded that because so many components of the department are Congressional Research Service R45491 · VERSION 3 · UPDATED 30 Science and Technology Issues in the 116th Congress involved, it is difficult for DHS to oversee R&D department-wide. In January 2014, the joint explanatory statement for the Consolidated Appropriations Act, 2014 (P.L. 113-76) directed DHS to implement and report on new policies for R&D prioritization. It also directed DHS to review and implement policies and guidance for defining and overseeing R&D department-wide. In July 2014, GAO reported that DHS had updated its guidance to include a definition of R&D and was conducting R&D portfolio reviews across the department, but that it had not yet developed policy guidance for DHS-wide R&D oversight, coordination, and tracking. In December 2015, the explanatory statement for the Consolidated Appropriations Act, 2016 (P.L. 114-113) stated that DHS “lacks a mechanism for capturing and understanding research and development (R&D) activities conducted across DHS, as well as coordinating R&D to reflect departmental priorities.” The Common Appropriations Structure that DHS introduced in February 2016 in its FY2017 budget request includes an account titled Research and Development for each DHS component. It remains to be seen whether this change will help to address congressional concerns about DHSwide R&D coordination. DHS has reorganized its R&D-related activities several times. In December 2017, it established a new Countering Weapons of Mass Destruction Office (CWMDO), consisting of DNDO, most functions of the Office of Health Affairs (OHA), and some other elements. DNDO and OHA were themselves both created, more than a decade ago, largely by reorganizing elements of the S&T Directorate. The Countering Weapons of Mass Destruction Act of 2018 (P.L. 115-387) expressly authorized the establishment and activities of CWMDO. The 116th Congress may examine the implementation of that act. For Further Information Daniel Morgan, Specialist in Science and Technology Policy Chemical, Biological, Radiological, and Nuclear Medical Countermeasures The anthrax attacks of 2001 highlighted the nation’s vulnerability to biological terrorism. The federal government responded to these attacks by increasing efforts to protect civilians against chemical, biological, radiological, and nuclear (CBRN) terrorism. Effective medical countermeasures, such as drugs or vaccines, could reduce the impact of a CBRN attack. Policymakers identified a lack of such countermeasures as a challenge to responding to the CBRN threat. To address this gap, the federal government created several programs to encourage private sector development of new CBRN medical countermeasures. Despite these efforts, the federal government still lacks medical countermeasures for many CBRN threats, including Ebola. The Biomedical Advanced Research and Development Authority (BARDA) and Project BioShield are two key pieces of the federal efforts supporting the development and procurement of new CBRN medical countermeasures. BARDA directly funds the advanced development of countermeasures through contracts with private sector developers. Project BioShield provides a procurement mechanism to remove market uncertainty for countermeasure developers. It allows the federal government to agree to buy a countermeasure up to 10 years befo [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR45491. Public record. Not legal advice.