[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5895 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 540
115th CONGRESS
  2d Session
                                H. R. 5895

                          [Report No. 115-697]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2019, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2018

    Mr. Simpson, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2019, and for other 
                               purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2019, and for other purposes, 
namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects, and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $128,000,000, to 
remain available until expended: Provided, That the Secretary shall 
initiate six new study starts during fiscal year 2019: Provided 
further, That the Secretary shall not deviate from the new starts 
proposed in the work plan, once the plan has been submitted to the 
Committees on Appropriations of both Houses of Congress.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,323,000,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary to cover 
one-half of the costs of construction, replacement, rehabilitation, and 
expansion of inland waterways projects shall be derived from the Inland 
Waterways Trust Fund, except as otherwise specifically provided for in 
law: Provided, That the Secretary shall initiate five new construction 
starts during fiscal year 2019: Provided further, That for new 
construction projects, project cost sharing agreements shall be 
executed as soon as practicable but no later than August 31, 2019: 
Provided further, That no allocation for a new start shall be 
considered final and no work allowance shall be made until the 
Secretary provides to the Committees on Appropriations of both Houses 
of Congress an out-year funding scenario demonstrating the 
affordability of the selected new starts and the impacts on other 
projects: Provided further, That the Secretary may not deviate from the 
new starts proposed in the work plan, once the plan has been submitted 
to the Committees on Appropriations of both Houses of Congress.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $430,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $3,820,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land and 
Water Conservation Fund Act of 1965 shall be derived from that account 
for resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; and of which such sums as become available 
from fees collected under section 217 of Public Law 104-303 shall be 
used to cover the cost of operation and maintenance of the dredged 
material disposal facilities for which such fees have been collected: 
Provided, That 1 percent of the total amount of funds provided for each 
of the programs, projects, or activities funded under this heading 
shall not be allocated to a field operating activity prior to the 
beginning of the fourth quarter of the fiscal year and shall be 
available for use by the Chief of Engineers to fund such emergency 
activities as the Chief of Engineers determines to be necessary and 
appropriate, and that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been used for 
emergency activities proportionally in accordance with the amounts 
provided for the programs, projects, or activities.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $200,000,000, to remain 
available until September 30, 2020.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $150,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$35,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $187,000,000, to remain available until September 30, 2020, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal year: 
Provided, That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of the 
Office of the Chief of Engineers or the civil works executive direction 
and management activities of the division offices: Provided further, 
That any Flood Control and Coastal Emergencies appropriation may be 
used to fund the supervision and general administration of emergency 
operations, repairs, and other activities in response to any flood, 
hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2020: Provided, That not more than 25 
percent of such amount may be obligated or expended until the Assistant 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress a work plan that allocates at least 95 percent of the 
additional funding provided under each heading in this title (as 
designated under such heading in the report of the Committee on 
Appropriations accompanying this Act) to specific programs, projects, 
or activities.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Development Act of 1996, or 
section 204 of the Water Resources Development Act of 1992.
    (c) The Corps of Engineers shall submit reports on a quarterly 
basis to the Committees on Appropriations of both Houses of Congress 
detailing all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly report shall 
be submitted not later than 60 days after the date of enactment of this 
Act.
    Sec. 102.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 103.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $5,400,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.
    Sec. 104.  None of the funds in this Act shall be used for an open 
lake placement alternative for dredged material, after evaluating the 
least costly, environmentally acceptable manner for the disposal or 
management of dredged material originating from Lake Erie or 
tributaries thereto, unless it is approved under a State water quality 
certification pursuant to section 401 of the Federal Water Pollution 
Control Act (33 U.S.C. 1341):  Provided, That until an open lake 
placement alternative for dredged material is approved under a State 
water quality certification, the Corps of Engineers shall continue 
upland placement of such dredged material consistent with the 
requirements of section 101 of the Water Resources Development Act of 
1986 (33 U.S.C. 2211).
    Sec. 105.  None of the funds made available in this title may be 
used for any acquisition of buoy chain that is not consistent with 48 
CFR 225.7007, subsections (a)(1) and (a)(2).
    Sec. 106.  None of the funds made available by this Act may be used 
to carry out any water supply reallocation study under the Wolf Creek 
Dam, Lake Cumberland, Kentucky, project authorized under the Act of 
July 24, 1946 (60 Stat. 636, ch. 595).
    Sec. 107.  Notwithstanding section 404(f)(2) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(f)(2)), none of the funds made 
available by this Act may be used to require a permit for the discharge 
of dredged or fill material under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) for the activities identified in 
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33 U.S.C. 
1344(f)(1)(A), (C)).
    Sec. 108.  The final rule issued by the Administrator of the 
Environmental Protection Agency and the Secretary of the Army entitled 
``Clean Water Rule: `Definition of Waters of the United States''' (80 
Fed. Reg. 37053 (June 29, 2015)) is repealed, and, until such time as 
the Administrator and the Secretary issue a final rule after the date 
of enactment of this Act defining the scope of waters protected under 
the Federal Water Pollution Control Act and such new final rule goes 
into effect, any regulation or policy revised under, or otherwise 
affected as a result of, the rule repealed by this section shall be 
applied as if that repealed rule had not been issued.
    Sec. 109.  As of the date of enactment of this Act and each fiscal 
year thereafter, the Secretary of the Army shall not promulgate or 
enforce any regulation that prohibits an individual from possessing a 
firearm, including an assembled or functional firearm, at a water 
resources development project covered under section 327.0 of title 36, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act), if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.
    Sec. 110.  For fiscal year 2019, none of the funds provided in this 
Act or available in the revolving fund established by the Civil 
Functions Appropriations Act of 1954 (33 U.S.C. 576(a)) may be 
obligated or expended on a new hopper dredge.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $15,000,000, to remain available until expended, of 
which $898,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission: Provided, That of the amount provided under 
this heading, $1,398,675 shall be available until September 30, 2020, 
for expenses necessary in carrying out related responsibilities of the 
Secretary of the Interior: Provided further, That for fiscal year 2019, 
of the amount made available to the Commission under this Act or any 
other Act, the Commission may use an amount not to exceed $1,500,000 
for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $1,381,992,000, to remain available until expended, of 
which $67,393,000 shall be available for transfer to the Upper Colorado 
River Basin Fund and $5,551,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam Fund: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 6806 shall be derived from that 
Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which the 
funds were contributed: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are available until 
expended for the same purposes as the sums appropriated under this 
heading: Provided further, That of the amounts provided herein, funds 
may be used for high-priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $62,008,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575: Provided further, That none of the funds 
made available under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $35,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2020, $61,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress;
            (5) transfers funds in excess of the following limits--
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $400,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of both Houses of Congress 
detailing all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly report shall 
be submitted not later than 60 days after the date of enactment of this 
Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203.  Hereinafter, notwithstanding any other provision of law, 
during the period from November 1 through April 30, water users may use 
their diversion structures for the purpose of recharging the Eastern 
Snake Plain Aquifer, when the Secretary, in consultation with the 
Advisory Committee and Water District 1 watermaster, determines there 
is water available in excess of that needed to satisfy existing 
Minidoka Project storage and hydropower rights and ensure operational 
flexibility.
    Sec. 204.  Section 9001(d) of the Omnibus Public Land Management 
Act of 2009 (Public Law 111-11; 123 Stat. 1295) is amended by striking 
``10'' and inserting ``20''.
    Sec. 205.  None of the funds in this Act shall be available to 
implement the Stipulation of Settlement (Natural Resources Defense 
Council, et al. v. Kirk Rodgers, et al., Eastern District of 
California, No. Civ. 9 S-88-1658 LKK/GGH) or subtitle A of title X of 
Public Law 111-11.
    Sec. 206.  None of the funds in this Act shall be available for the 
purchase of water in the State of California to supplement instream 
flow within a river basin that has suffered a drought within the last 
two years.
    Sec. 207.  Section 9(c)(1) of the Reclamation Project Act of 1939 
(43 U.S.C. 485h(c)(1)) is amended by inserting ``and pumped storage 
hydropower development exclusively using Bureau of Reclamation 
reservoirs'' after ``including small conduit hydropower development''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,078,640,000, to 
remain available until expended: Provided, That of such amount, 
$153,700,000 shall be available until September 30, 2020, for program 
direction.

         Cybersecurity, Energy Security, and Emergency Response

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy sector cybersecurity, energy security, 
and emergency response activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $146,000,000, to remain available until expended: Provided, 
That of such amount, $11,500,000 shall be available until September 30, 
2020, for program direction.

                          Electricity Delivery

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery activities in carrying out 
the purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $175,000,000, to remain available until 
expended: Provided, That of such amount, $17,000,000 shall be available 
until September 30, 2020, for program direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $1,346,090,000, to remain available until 
expended: Provided, That of such amount, $66,500,000 shall be available 
until September 30, 2020, for program direction.

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for plant 
or facility acquisition or expansion, and for conducting inquiries, 
technological investigations and research concerning the extraction, 
processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $785,000,000, to remain available until expended: Provided, That 
of such amount $61,070,000 shall be available until September 30, 2020, 
for program direction.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $10,000,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $252,000,000, to remain available until expended: 
Provided, That, as authorized by section 404 of the Bipartisan Budget 
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of 
Energy shall draw down and sell not to exceed $300,000,000 of crude oil 
from the Strategic Petroleum Reserve in fiscal year 2019: Provided 
further, That the proceeds from such drawdown and sale shall be 
deposited into the ``Energy Security and Infrastructure Modernization 
Fund'' during fiscal year 2019: Provided further, That such amounts 
shall be made available and shall remain available until expended for 
necessary expenses to carry out the Life Extension II project for the 
Strategic Petroleum Reserve.

                         SPR Petroleum Account

    For the acquisition, transportation, and injection of petroleum 
products, and for other necessary expenses pursuant to the Energy 
Policy and Conservation Act (42 U.S.C. 6201 et seq.), sections 403 and 
404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), 
and section 5010 of the 21st Century Cures Act (Public Law 114-255), 
$10,000,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $10,000,000, to remain available until expended.

                   Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $125,000,000, to 
remain available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $240,000,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$870,000,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$32,959,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992, including for the purchase of not to 
exceed one ambulance for replacement only.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 16 passenger motor vehicles 
and one airplane for replacement only, including one bus, 
$6,600,000,000, to remain available until expended: Provided, That of 
such amount, $183,000,000 shall be available until September 30, 2020, 
for program direction.

                         Nuclear Waste Disposal

    For Department of Energy expenses necessary for nuclear waste 
disposal activities to carry out the purposes of the Nuclear Waste 
Policy Act of 1982 (Public Law 97-425), as amended (hereinafter 
referred to as the ``NWPA''), including the acquisition of any real 
property or facility construction, or expansion, $190,000,000, to 
remain available until expended, and to be derived from the Nuclear 
Waste Fund: Provided, That of the funds made available in this Act for 
nuclear waste disposal and defense nuclear waste disposal activities, 
1.62 percent shall be provided to the Office of the Attorney General of 
the State of Nevada solely for expenditures, other than salaries and 
expenses of State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities pursuant to 
the NWPA: Provided further, That of the funds made available in this 
Act for nuclear waste disposal and defense nuclear waste disposal 
activities, 2.91 percent shall be provided to affected units of local 
government, as defined in the NWPA, to conduct appropriate activities 
and participate in licensing activities under Section 116(c) of the 
NWPA: Provided further, That of the amounts provided to affected units 
of local government, 7.5 percent shall be made available to affected 
units of local government in California with the balance made available 
to affected units of local government in Nevada for distribution as 
determined by the Nevada affected units of local government: Provided 
further, That of the funds made available in this Act for nuclear waste 
disposal and defense nuclear waste disposal activities, 0.16 percent 
shall be provided to the affected Federally-recognized Indian tribes, 
as defined in the NWPA, solely for expenditures, other than salaries 
and expenses of tribal employees, to conduct appropriate activities and 
participate in licensing activities under section 118(b) of the NWPA: 
Provided further, That of the funds made available in this Act for 
nuclear waste disposal and defense nuclear waste disposal activities, 
3.0 percent shall be provided to Nye County, Nevada, 0.05 percent shall 
be provided to Clark County, Nevada, and 0.46 percent shall be provided 
to the State of Nevada as payment equal to taxes under section 
116(c)(3) of the NWPA: Provided further, That within 90 days of the 
completion of each Federal fiscal year, the Office of the Attorney 
General of the State of Nevada, each affected Federally-recognized 
Indian tribe, and each of the affected units of local government shall 
provide certification to the Department of Energy that all funds 
expended from such payments have been expended for activities 
authorized by the NWPA and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be prohibited 
from any further funding provided for similar activities: Provided 
further, That none of the funds herein appropriated may be: (1) used 
for litigation expenses; (2) used for interim storage activities; or 
(3) used to support multi-State efforts or other coalition building 
activities inconsistent with the restrictions contained in this Act: 
Provided further, That all proceeds and recoveries realized by the 
Secretary in carrying out activities authorized by the NWPA, including 
but not limited to any proceeds from the sale of assets, shall be 
credited to this account, to remain available until expended, for 
carrying out the purposes of this account.

               Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $325,000,000, to remain available until expended: 
Provided, That of such amount, $29,250,000 shall be available until 
September 30, 2020, for program direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974: Provided, That for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $32,000,000 is appropriated from fees collected in prior years 
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are 
not otherwise appropriated, to remain available until September 30, 
2020: Provided further, That if the amount in the previous proviso is 
not available from such fees, an amount for such purposes is also 
appropriated from the general fund so as to result in a total amount 
appropriated for such purpose of no more than $32,000,000: Provided 
further, That fees collected pursuant to such section 1702(h) for 
fiscal year 2019 shall be credited as offsetting collections under this 
heading and shall not be available until appropriated: Provided 
further, That the Department of Energy shall not subordinate any loan 
obligation to other financing in violation of section 1702 of the 
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to 
any loan or other debt obligations in violation of section 609.10 of 
title 10, Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $5,000,000, to remain available until September 30, 2020.

                  Tribal Energy Loan Guarantee Program

    For Department of Energy administrative expenses necessary in 
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to 
remain available until September 30, 2020.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$280,524,000, to remain available until September 30, 2020, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
in cost of work are offset by revenue increases of the same or greater 
amount: Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $96,000,000 in fiscal year 
2019 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302: Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2019 appropriation from the general fund estimated at not more than 
$184,524,000.

                    Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$51,330,000, to remain available until September 30, 2020.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one ambulance for replacement only, $11,200,000,000, to 
remain available until expended: Provided, That of such amount, 
$102,022,000 shall be available until September 30, 2020, for program 
direction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed three aircraft, $1,902,000,000, to remain available until 
expended.

                             Naval Reactors

                     (including transfer of funds)

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,788,618,000, 
to remain available until expended, of which, $85,500,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'', for the Advanced Test Reactor: Provided, That of such amount, 
$48,709,000 shall be available until September 30, 2020, for program 
direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $422,529,000, to remain 
available until September 30, 2020, including official reception and 
representation expenses not to exceed $12,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one passenger minivan for replacement only, 
$5,759,220,000, to remain available until expended: Provided, That of 
such amount, $295,000,000 shall be available until September 30, 2020, 
for program direction.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $870,300,000, to remain available until expended: Provided, 
That of such amount, $301,085,000 shall be available until September 
30, 2020, for program direction.

                     Defense Nuclear Waste Disposal

    For Department of Energy expenses necessary for nuclear waste 
disposal activities to carry out the purposes of the Nuclear Waste 
Policy Act of 1982, as amended, including the acquisition of real 
property or facility construction or expansion, $30,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$5,000: Provided, That during fiscal year 2019, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $6,500,000, including official 
reception and representation expenses in an amount not to exceed 
$1,500, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $6,500,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration: Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2019 appropriation estimated at not more 
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$55,360,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $45,802,000, to remain available until expended: 
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $35,402,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2019 appropriation 
estimated at not more than $10,400,000: Provided further, That 
notwithstanding 31 U.S.C. 3302, up to $10,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures: Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $265,142,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $265,142,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $175,770,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2019 appropriation 
estimated at not more than $89,372,000, of which $89,372,000 is derived 
from the Reclamation Fund: Provided further, That notwithstanding 31 
U.S.C. 3302, up to $180,408,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $5,207,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255): Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $4,979,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities: Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2019 appropriation estimated at not more than $228,000: Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred: Provided further, That for fiscal year 2019, the 
Administrator of the Western Area Power Administration may accept up to 
$122,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose: Provided further, That 
any such funds shall be available without further appropriation and 
without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, official reception and representation expenses not to 
exceed $3,000, and the hire of passenger motor vehicles, $369,900,000, 
to remain available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $369,900,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2019 shall be retained and used for expenses necessary in this 
account, and shall remain available until expended: Provided further, 
That the sum herein appropriated from the general fund shall be reduced 
as revenues are received during fiscal year 2019 so as to result in a 
final fiscal year 2019 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                     (including transfers of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of both Houses of Congress at least 3 full business days 
in advance, none of the funds made available in this title may be used 
to--
            (A) make a grant allocation or discretionary grant award 
        totaling $1,000,000 or more;
            (B) make a discretionary contract award or Other 
        Transaction Agreement totaling $1,000,000 or more, including a 
        contract covered by the Federal Acquisition Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or 
        (B); or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).
    (2) The Secretary of Energy shall submit to the Committees on 
Appropriations of both Houses of Congress within 15 days of the 
conclusion of each quarter a report detailing each grant allocation or 
discretionary grant award totaling less than $1,000,000 provided during 
the previous quarter.
    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', 
enter into a multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless--
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time 
        of award; or
            (2) the contract, grant, or cooperative agreement includes 
        a clause conditioning the Federal Government's obligation on 
        the availability of future year budget authority and the 
        Secretary notifies the Committees on Appropriations of both 
        Houses of Congress at least 3 days in advance.
    (d) Except as provided in subsections (e), (f), and (g), the 
amounts made available by this title shall be expended as authorized by 
law for the programs, projects, and activities specified in the 
``Bill'' column in the ``Department of Energy'' table included under 
the heading ``Title III--Department of Energy'' in the report of the 
Committee on Appropriations accompanying this Act.
    (e) The amounts made available by this title may be reprogrammed 
for any program, project, or activity, and the Department shall notify 
the Committees on Appropriations of both Houses of Congress at least 30 
days prior to the use of any proposed reprogramming that would cause 
any program, project, or activity funding level to increase or decrease 
by more than $5,000,000 or 10 percent, whichever is less, during the 
time period covered by this Act.
    (f) None of the funds provided in this title shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, 
        or activity;
            (2) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (3) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.
    (g)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds made 
available for the Department of Energy if compliance with such 
requirement or restriction would pose a substantial risk to human 
health, the environment, welfare, or national security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of both Houses of Congress of any waiver under paragraph 
(1) as soon as practicable, but not later than 3 days after the date of 
the activity to which a requirement or restriction would otherwise have 
applied. Such notice shall include an explanation of the substantial 
risk under paragraph (1) that permitted such waiver.
    (h) The unexpended balances of prior appropriations provided for 
activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
    Sec. 302.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2019 until the enactment of the Intelligence 
Authorization Act for fiscal year 2019.
    Sec. 303.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office of Enterprise Assessments to ensure the 
project is in compliance with nuclear safety requirements.
    Sec. 304.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost 
exceeds $100,000,000, until a separate independent cost estimate has 
been developed for the project for that critical decision.
    Sec. 305.  The Secretary of Energy may not transfer more than 
$274,833,000 from the amounts made available under this title to the 
working capital fund established under section 653 of the Department of 
Energy Organization Act (42 U.S.C. 7263): Provided, That the Secretary 
may transfer additional amounts to the working capital fund after the 
Secretary provides notification in advance of any such transfer to the 
Committees on Appropriations of both Houses of Congress: Provided 
further, That any such notification shall identify the sources of funds 
by program, project, or activity: Provided further, That the Secretary 
shall notify the Committees on Appropriations of both Houses of 
Congress before adding or removing any activities from the fund.
    Sec. 306. (a) None of the funds made available in this or any prior 
Act under the heading ``Defense Nuclear Nonproliferation'' may be made 
available to enter into new contracts with, or new agreements for 
Federal assistance to, the Russian Federation.
    (b) The Secretary of Energy may waive the prohibition in subsection 
(a) if the Secretary determines that such activity is in the national 
security interests of the United States. This waiver authority may not 
be delegated.
    (c) A waiver under subsection (b) shall not be effective until 15 
days after the date on which the Secretary submits to the Committees on 
Appropriations of both Houses of Congress, in classified form if 
necessary, a report on the justification for the waiver.
    Sec. 307. (a) New Regional Reserves.--The Secretary of Energy may 
not establish any new regional petroleum product reserve unless funding 
for the proposed regional petroleum product reserve is explicitly 
requested in advance in an annual budget submission and approved by the 
Congress in an appropriations Act.
    (b) The budget request or notification shall include--
            (1) the justification for the new reserve;
            (2) a cost estimate for the establishment, operation, and 
        maintenance of the reserve, including funding sources;
            (3) a detailed plan for operation of the reserve, including 
        the conditions upon which the products may be released;
            (4) the location of the reserve; and
            (5) the estimate of the total inventory of the reserve.
    Sec. 308. (a) Funds provided by this Act for Project 99-D-143, 
Mixed Oxide Fuel Fabrication Facility, and any funds provided by prior 
Acts for such Project that remain unobligated, may be made available 
only for construction and project support activities for such Project.
    (b) The Secretary of Energy may waive the requirement under 
subsection (a) if the Secretary concurrently submits to the Committees 
on Appropriations of both Houses of Congress--
            (1) the commitment, certification, and details described in 
        section 3121(b) of the National Defense Authorization Act for 
        Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1892); and
            (2) the lifecycle cost estimate used to make such 
        certification.
    (c) If the Secretary waives the requirements under subsection (a), 
the Secretary may not use funds provided for the Project described in 
such subsection to eliminate such Project until the date that is 30 
days after the submission of the lifecycle cost estimate required under 
subsection (b)(2).
    Sec. 309.  Notwithstanding section 161 of the Energy Policy and 
Conservation Act (42 U.S.C. 6241), upon a determination by the 
President in this fiscal year that a regional supply shortage of 
refined petroleum product of significant scope and duration exists, 
that a severe increase in the price of refined petroleum product will 
likely result from such shortage, and that a draw down and sale of 
refined petroleum product would assist directly and significantly in 
reducing the adverse impact of such shortage, the Secretary of Energy 
may draw down and sell refined petroleum product from the Strategic 
Petroleum Reserve. Proceeds from a sale under this section shall be 
deposited into the SPR Petroleum Account established in section 167 of 
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such 
amounts shall be available for obligation, without fiscal year 
limitation, consistent with that section.
    Sec. 310. (a) Report.--The Secretary of Energy shall submit to 
Congress and the State of Nevada a report on the potential of locating 
a reprocessing or recycling facility for spent nuclear fuel near the 
Yucca Mountain site.
    (b) Contents.--The Secretary shall include in the report required 
under subsection (a) a description of--
            (1) the energy technology benefits associated with a 
        reprocessing or recycling facility for spent nuclear fuel;
            (2) the potential economic benefits for the host community 
        associated with such a facility, including employment, 
        infrastructure development, and workforce development benefits;
            (3) the energy and national security implications for the 
        supply and availability of nuclear fuel associated with such a 
        facility; and
            (4) the potential for locating other nuclear fuel cycle 
        facilities near the Yucca Mountain site, such as an enrichment 
        facility for national defense purposes.
    (c) Consultation.--In preparing the report required under 
subsection (a), the Secretary shall consult with institutions in the 
Nevada System of Higher Education, as defined by the State of Nevada, 
with prior reprocessing research experience.
    (d) Yucca Mountain Site Defined.--In this section, the term ``Yucca 
Mountain site'' has the meaning given that term in section 2(30) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(30)).

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, and for expenses 
necessary for the Federal Co-Chairman and the Alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$155,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $31,243,000, to 
remain available until September 30, 2020.

                        Delta Regional Authority

                         salaries and expenses

    For expenses necessary for the Delta Regional Authority and to 
carry out its activities, as authorized by the Delta Regional Authority 
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said 
Act, $15,000,000, to remain available until expended.

                           Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $15,000,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998: Provided, That funds shall be 
available for construction projects in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities: Provided further, 
That notwithstanding any other provision of law regarding payment of a 
non-Federal share in connection with a grant-in-aid program, amounts 
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the 
Commission.

                  Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $12,000,000, to remain available until expended: Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $250,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $953,050,000, including official representation expenses 
not to exceed $25,000, to remain available until expended, of which 
$47,700,000 shall be derived from the Nuclear Waste Fund: Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2020, 
of which, notwithstanding section 201(a)(2)(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and 
expenditure shall only be approved by a majority vote of the 
Commission: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$763,640,000 in fiscal year 2019 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That of the amounts appropriated under this heading, not less 
than $9,896,000 shall be for activities related to the development of 
regulatory infrastructure for advanced nuclear technologies, and 
$16,080,000 shall be for international activities, except that the 
amounts provided under this proviso shall not be derived from fee 
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the 
sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2019 so as to result in a final fiscal year 
2019 appropriation estimated at not more than $189,410,000: Provided 
further, That of the amounts appropriated under this heading, 
$10,000,000 shall be for university research and development in areas 
relevant to the Commission's mission, and $5,000,000 shall be for a 
Nuclear Science and Engineering Grant Program that will support 
multiyear projects that do not align with programmatic missions but are 
critical to maintaining the discipline of nuclear science and 
engineering, except that the amounts provided under this proviso shall 
not be derived from fee revenues, notwithstanding 42 U.S.C. 2214.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$12,609,000, to remain available until September 30, 2020: Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,355,000 in fiscal year 2019 
shall be retained and be available until September 30, 2020, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code: Provided further, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2019 so as to result in a final fiscal year 
2019 appropriation estimated at not more than $2,254,000: Provided 
further, That of the amounts appropriated under this heading, 
$1,103,000 shall be for Inspector General services for the Defense 
Nuclear Facilities Safety Board, which shall not be available from fee 
revenues.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, $3,600,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2020.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Nuclear Regulatory Commission shall comply with the 
July 5, 2011, version of Chapter VI of its Internal Commission 
Procedures when responding to Congressional requests for information, 
consistent with Department of Justice guidance for all federal 
agencies.
    Sec. 402. (a) The amounts made available by this title for the 
Nuclear Regulatory Commission may be reprogrammed for any program, 
project, or activity, and the Commission shall notify the Committees on 
Appropriations of both Houses of Congress at least 30 days prior to the 
use of any proposed reprogramming that would cause any program funding 
level to increase or decrease by more than $500,000 or 10 percent, 
whichever is less, during the time period covered by this Act.
    (b)(1) The Nuclear Regulatory Commission may waive the notification 
requirement in subsection (a) if compliance with such requirement would 
pose a substantial risk to human health, the environment, welfare, or 
national security.
    (2) The Nuclear Regulatory Commission shall notify the Committees 
on Appropriations of both Houses of Congress of any waiver under 
paragraph (1) as soon as practicable, but not later than 3 days after 
the date of the activity to which a requirement or restriction would 
otherwise have applied. Such notice shall include an explanation of the 
substantial risk under paragraph (1) that permitted such waiver and 
shall provide a detailed report to the Committees of such waiver and 
changes to funding levels to programs, projects, or activities.
    (c) Except as provided in subsections (a), (b), and (d), the 
amounts made available by this title for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be expended as directed in 
the report of the Committee on Appropriations accompanying this Act.
    (d) None of the funds provided for the Nuclear Regulatory 
Commission shall be available for obligation or expenditure through a 
reprogramming of funds that increases funds or personnel for any 
program, project, or activity for which funds are denied or restricted 
by this Act.
    (e) The Commission shall provide a monthly report to the Committees 
on Appropriations of both Houses of Congress, which includes the 
following for each program, project, or activity, including any prior 
year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the report of the 
Committee on Appropriations accompanying this Act, or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced 
in the report of the Committee on Appropriations accompanying this Act, 
or any authority whereby a department, agency, or instrumentality of 
the United States Government may provide goods or services to another 
department, agency, or instrumentality.
    (c) The head of any relevant department or agency funded in this 
Act utilizing any transfer authority shall submit to the Committees on 
Appropriations of both Houses of Congress a semiannual report detailing 
the transfer authorities, except for any authority whereby a 
department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality, used in the previous 6 months and in the year-to-date. 
This report shall include the amounts transferred and the purposes for 
which they were transferred, and shall not replace or modify existing 
notification requirements for each authority.
    Sec. 503.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations).
    Sec. 504. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 505.  None of the funds made available by this Act may be used 
to further implementation of the coastal and marine spatial planning 
and ecosystem-based management components of the National Ocean Policy 
developed under Executive Order No. 13547 of July 19, 2010.
    Sec. 506.  None of the funds made available in this Act, or federal 
funds provided from any other source, may be used to operate the 
Federal Columbia River Power System hydroelectric dams in a manner that 
is inconsistent with the Army Corps of Engineers' 2017 Fish Operations 
Plan.
    Sec. 507.  None of the funds made available by this Act may be used 
for the removal of any federally owned or operated dam unless the 
removal was previously authorized by Congress.
    Sec. 508.  None of the funds made available by this Act may be used 
to conduct closure of adjudicatory functions, technical review, or 
support activities associated with the Yucca Mountain geologic 
repository license application, or for actions that irrevocably remove 
the possibility that Yucca Mountain may be a repository option in the 
future.

                       spending reduction account

    Sec. 509.  $0.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2019''.
                                                 Union Calendar No. 540

115th CONGRESS

  2d Session

                               H. R. 5895

                          [Report No. 115-697]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2019, and for other 
                               purposes.

_______________________________________________________________________

                              May 21, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed