[Congressional Record Volume 171, Number 144 (Wednesday, September 3, 2025)]
[House]
[Pages H3796-H3818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2026
General Leave
Mr. FLEISCHMANN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on H.R. 4553 and that I may include
tabular material on the same.
The SPEAKER pro tempore (Mr. Westerman). Is there objection to the
request of the gentleman from Tennessee?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 672 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 4553.
The Chair appoints the gentleman from Florida (Mr. Fine) to preside
over the Committee of the Whole.
{time} 1615
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4553) making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2026, and for
other purposes, with Mr. Fine in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and shall not exceed 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations or their respective
designees.
The gentleman from Tennessee (Mr. Fleischmann) and the gentlewoman
from Ohio (Ms. Kaptur) each will control 30 minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. FLEISCHMANN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am pleased to bring the fiscal year 2026 Energy and
Water Development bill to the floor today.
I begin by thanking my good friend and Ranking Member Marcy Kaptur
for her partnership throughout this process. I realize we have some
bona fide differences and issues on this bill, but we always have very
cordial discussions. I do appreciate her very much.
Mr. Chairman, this bill provides a total of $57.3 billion to
safeguard the United States' national security, strengthen our economy,
and unleash American energy dominance.
The bill delivers strong support for our national defense and
provides $25.3 billion for the National Nuclear Security Administration
prioritizing and continued modernization of the nuclear weapons
stockpile and the United States Navy nuclear fleet.
The bill strengthens our Nation's energy security by advancing
American leadership in deploying new nuclear technologies and
supporting the administration's efforts to make full use of our
Nation's vast fossil fuel resources.
This bill will reduce reliance on foreign materials and secure the
full supply chain of critical minerals.
The bill furthers our Nation's scientific and technological
leadership, providing $8.4 billion for the Department of Energy's
Office of Science.
At the same time, the bill reduces funding by 25 percent across
numerous other department programs, including the applied energy
technology offices, to ensure taxpayer resources are focused on the
highest priority research and development projects.
The bill also strengthens our economy and promotes public safety
providing $9.9 billion for the Army Corps of Engineers, including full
funding of the Harbor Maintenance Trust Fund activities and the highest
priority ongoing construction projects on the inland waterways system.
Funding for the Bureau of Reclamation is prioritized to projects that
increase water supply and support drought resilience.
Finally, the bill provides a number of provisions to codify President
Trump's executive actions to protect American values and prevent our
resources and intellectual properties from falling into the hands of
foreign adversaries.
This legislation reflects a clear commitment to fiscal responsibility
while safeguarding our national security and increasing economic
prosperity for all of our citizens.
Mr. Chairman, I urge my colleagues to support it, and I reserve the
balance of my time.
{time} 1620
Ms. KAPTUR. Mr. Chair, I yield myself such time as I may consume.
I also compliment the chair of our subcommittee, Mr. Fleischmann of
Oak Ridge, Tennessee, for his very gentlemanly behavior on both sides
of the aisle so that we can actually move bills, which is our public
responsibility.
I thank our diligent staff for all their hard work on this bill. I
have to say I am very proud that ours is one of the first three bills
to come to the floor. They are long delayed, not because we didn't do
our work. We are ready. We want to pass funding for the new fiscal
year, which begins on October 1.
I also thank the minority staff, Scott McKee, Anisha Singh, and Adam
Wilson, and my personal staff, Kaitlin Ulin, TJ Lowdermilk, and
Margaret McInnis. I thank them all, and I thank them for putting up
with me.
Engineered energy and water systems undergird America's way of life.
Energy and water are not optional but essential to sustaining life.
Of late, we have been piercingly reminded about our subcommittee's
purpose. July brought nearly double the usual flood warnings, the
second highest in 40 years. On July Fourth, Kerr County, Texas, sadly,
saw one of the deadliest flash floods in U.S. history, with 117 lives
lost. These tragedies inform us of the power of water and wild energy
in our atmosphere.
Let me be clear: No matter how much Members on the other side of the
aisle want to pretend that climate change is not happening, for the
record, the last 10 years are the 10 hottest in recorded history. Think
about that.
Our Great Lakes, the region I represent, comprise the largest body of
freshwater on Earth. Specifically, Lake Erie, the southernmost of the
lakes, no longer freezes over. Some of our favorite sports, ice boating
and ice fishing, are now becoming a memory of the past, and hockey is
now played indoors.
America's electric grid is old and under deep strain. The Energy
Information Administration documented that the U.S. just set new
records twice in July for peak electricity demand. The old grid system
is being tested by hotter weather and higher usage. When the grid
strains, costs rise and the most vulnerable families suffer first. How
would you like to be in Tucson at 120 degrees week after week?
Unchecked growth in data centers alone could raise average U.S.
electricity generation costs by roughly 8 percent by 2030. This is not
hypothetical. It is happening as we meet today.
In Ohio, rapid demand growth from Big Tech data centers pushes
electricity prices dramatically higher every month. Starting this July,
households in Ohio saw their monthly energy bills increase a minimum of
10 percent. Some more than doubled. Families noticed a massive increase
in monthly bills. I have one constituent
[[Page H3797]]
who called and told us that her family's bill moved from $230 a month
to $494 in July. This cost of energy increase is not sustainable for
working families.
Sadly, this Republican energy and water bill does not meet our
Nation's energy and water imperative for the future nor for the
present. We must invest faster in modern infrastructure to become
energy independent in perpetuity. That is our awesome--underline
``awesome''--responsibility. We must reduce energy costs by investing
in modern grid resilience and an all-of-the-above energy portfolio.
This bill fails to address the cost-of-living crisis currently
underway. Overall, household electric bills nationally are up 10
percent. That is just since January. In places like northern Ohio, I am
hearing that, for many people, the total for energy and water bills has
doubled. Every family in this country knows that. Even higher energy
bills lie ahead for families and businesses.
China is investing record levels in energy, making its products more
competitive. Sadly, this bill retreats from U.S. global energy
leadership. What do I mean? The bill cuts $1.6 billion, or 47 percent,
from the Department of Energy's energy efficiency and renewable energy
programs. This undermines our Nation's imperative to deliver clean,
affordable, and secure energy to the American people.
Our Nation should lead, not lag, in the global race toward energy
independence in perpetuity. We must build an abundant clean energy
future.
This bill eliminates funding for the Office of Clean Energy
Demonstrations, which means building the future. It revokes $5.1
billion of bipartisan infrastructure law resources from the Department
of Energy, which will cede the U.S. global lead in hydrogen, direct air
capture, battery recycling, and consequent energy savings possible in
every public and private structure.
Already, U.S. businesses have delayed or canceled--this is a shocking
number--more than $33 billion in investments in energy projects this
year. That is lost economic growth. Over 64,000 jobs have already been
lost or stalled in the clean energy sector. That is uncalled for.
In May, this administration revoked $3.7 billion in Federal energy
investment for 24 energy projects already signed, sealed, and delivered
across America, including for manufacturing companies to become more
energy-efficient and including over $100 million for Libbey Glass,
Owens-Illinois Glass, and Kraft Heinz across our region of Ohio alone.
President Trump promised he was going to help American manufacturing.
That revocation actually goes completely in the opposite direction.
Thus, I must strongly oppose these additional Republican cuts to
vital energy production and conservation--and America's future--through
the U.S. Department of Energy.
Shortchanging these advances pushes our Nation backward and raises
already high energy prices even more for consumers.
In other areas, this bill dangerously shortchanges our national
security. The bill slashes $412 million from the Defense Nuclear
Nonproliferation account. This effectively guts our efforts to prevent
the spread of nuclear weapons, detect covert nuclear threats, and
uphold arms control agreements that keep us safe. All of those cuts are
a big gift for Iran, Russia, China, and North Korea.
Additionally, this bill turns its back on communities still living
with the toxic legacy of America's atomic past by zeroing out the Army
Corps program to clean up radioactive waste at early nuclear sites.
This is deadly.
It slashes $779 million from nuclear cleanup efforts. That is three-
quarters of a billion dollars. This will delay the cleanup that these
communities have been promised for decades. I will note that one of
these American atomic waste sites is in the village of Luckey, Ohio,
not so far from my district.
Finally, this bill includes numerous controversial poison pill riders
that are so extreme that they cannot gain bipartisan support and become
law.
Mr. Chair, I urge my colleagues to oppose this bill. America can and
must meet the new age frontiers of energy and water. Nature is
signaling. Times are changing. We must not turn back the clock but
seize the baton for future generations to come.
Now is the moment to keep America on a steady path forward for an
all-of-the-above energy, water, and nuclear security portfolio.
Mr. Chair, I reserve the balance of my time.
Mr. FLEISCHMANN. Mr. Chair, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chair, I yield 2 minutes to the gentleman from
Indiana (Mr. Mrvan), a very hardworking member of the Appropriations
Committee.
Mr. MRVAN. Mr. Chair, I thank Ranking Member Kaptur, Chairman
Fleischmann, and all the staff for their thoughtful and dedicated
efforts in the drafting of this measure.
Recently, I joined constituents in Indiana's Lowell Labor Day parade,
in Laborers' Local 81's summer picnic in Valparaiso, and an
Ironworkers' picnic and bingo in Crown Point. The issue at the top of
everyone's mind is the rising cost of their utility bills.
I choose to serve on Appropriations' Energy and Water Development and
Related Agencies Subcommittee because I believe that energy and water
will be two of the greatest challenges for our national security and
economic stability in the years ahead.
I understand the role of the Indiana State regulators, but I also
believe that the Federal Government and this bill have a role to
promote the availability of a variety of energy resources in order to
drive down costs.
The Department of Energy has a critical role in conducting research
in energy innovation, including for wind, solar, and nuclear, and also
to ensure that we maximize the efficiency of all of our energy sources,
including oil, gas, and coal. More efficient energy production means
lower prices.
{time} 1630
It is deeply disappointing that this measure follows the
administration's lead to abandon the transformational projects like the
hydrogen hub in my district. Industry, the USW, the building trades,
other labor organizations, along with communities throughout my
district, were planning for and relying on massive economic development
investments, only to see this project undermined because the Republican
majority's tax and investment policy is now: Do not invest in our
future but, rather, give more handouts to the privileged, wealthy, and
few at the expense of the working class.
Let's be clear. The Federal Government should be building, not
blocking projects that strengthen our economy, lower costs, and create
American jobs.
Mr. Chairman, I urge my colleagues to reject this legislation and,
instead, work in a bipartisan manner to promote long-term economic
prosperity in our communities.
Mr. FLEISCHMANN. Mr. Chairman, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chairman, I yield 3 minutes to the gentleman from New
Jersey (Mr. Pallone), the hardworking and highly able distinguished
ranking member of the Energy and Commerce Committee, the authorizing
committee.
Mr. PALLONE. Mr. Chairman, I thank our ranking member, Ms. Kaptur,
for the time, but also agree with her in urging my colleagues to vote
``no'' on this really terrible bill.
Today, we are debating one of the worst Energy and Water
appropriations bills I have ever seen. Usually, when you are in charge,
they are very good, actually, but this one is terrible.
I think it sets a dangerous precedent. It hurts our constituents by
increasing their energy costs, just as so many are already seeing huge
hikes to their bills. It weakens national security, and it undermines
the critical work that the Army Corps of Engineers does to keep our
coastal communities safe.
Mr. Chairman, I will focus on the cuts to shore protection.
Republicans are making a massive cut to the shore protection funding
that allows the corps to fund beach replenishment projects in places
like the Jersey shore in my district.
This Republican bill woefully underfunds replenishment projects by
hundreds of millions of dollars. Just recently, Hurricane Erin slammed
our coasts, washing away dunes and eroding beaches, a stark reminder of
why replenishment funding is so critical.
Mr. Chairman, House Republicans are abandoning coastal communities at
a time when climate change is accelerating erosion and increasing the
risks of devastating storms.
[[Page H3798]]
I have to stress that beach replenishment projects and shore
protection projects aren't luxuries. They are lifelines. We don't do
them so people can sunbathe. We do them to protect the homes, the
businesses, and the public infrastructure.
Towns in my district and in red and blue districts throughout our
country alike depend on beach replenishment to prevent damage from
coastal storms. It is that simple.
We can't let a bunch of climate-denying Republicans in Congress
gamble with New Jersey or other coastlines. I think about it like a
slot machine on the Atlantic City boardwalk: We will just hope that the
storm doesn't come, and we will be okay.
Mr. Chairman, that is not what happens. The reality is that places
like the Jersey shore need protection from the next big storm and
making drastic cuts like these are simply dangerous.
Mr. FLEISCHMANN. Mr. Chairman, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chairman, I yield 1 minute to the gentlewoman from
Florida (Ms. Castor), who works so hard on all climate issues. I thank
the gentlewoman so very much for speaking today.
Ms. CASTOR of Florida. Mr. Chairman, I thank the ranking member for
yielding me time and thank her for everything that she does to protect
the pocketbooks of American families.
Mr. Chairman, American families and small business owners deserve
lower electric bills, but Republicans in Congress are really sticking
it to folks with higher costs at every turn, especially in this
spending bill.
Mr. Chairman, Representative Kaptur is right. Household electric
costs and energy prices have risen 10 percent this year. In some
places, they have more than doubled, driven by Trump's tariffs; new
demand from Big Tech AI data centers; and expensive, old, polluting
plants.
Back home in Florida, Florida's largest utility has proposed the
largest utility rate hike in U.S. history, amounting to $10 billion,
that will raise Floridians' electric bills by hundreds of dollars every
month.
Mr. Chair, Republicans in Congress are now making it worse. Their
big, ugly bill, which was passed in July, already is projected to crush
working families with higher costs, and now their spending bill adds
insult to injury by slashing home improvement weatherization savings.
The CHAIR. The time of the gentlewoman has expired.
Ms. KAPTUR. Mr. Chair, I yield an additional 1 minute to the
gentlewoman from Florida.
Ms. CASTOR of Florida. Mr. Chair, I thank the gentlewoman for the
time.
Let's talk about how Republicans in Congress are making it worse,
harder for families to afford the cost of living, especially when it
comes to their electric bills. Their big, ugly bill, which was passed
in July, already is projected to crush working families with higher
costs.
Mr. Chair, this spending bill adds insult to injury by slashing home
improvement weatherization savings and taking a hatchet to cleaner,
cheaper energy and the important initiatives to modernize the grid.
If my colleagues care about helping their neighbors out of the
affordability squeeze, they will vote ``no'' on the Republican spending
bill.
Mr. FLEISCHMANN. Mr. Chairman, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Foster), who is a genius who just happens to be a Member
of Congress, as well, so the country is twice blessed.
Mr. FOSTER. Mr. Chair, I thank the gentlewoman for yielding.
Mr. Chair, I rise first with an acknowledgement that, due to the
efforts of the ranking member and chair of the Subcommittee on Water
and Energy Development and Related Agencies, this bill could have been
far worse. That is not the bar that we should set for ourselves.
I am particularly concerned about the 17 percent cut in the funding
for the Office of Defense Nuclear Nonproliferation within NNSA.
This cut comes on top of last year's continuing resolution, where
this office was cut by 7 percent and was only one of a few accounts to
see its budget reduced by that bill.
The Office of Defense Nuclear Nonproliferation is involved in
critical nuclear security work, which is actively keeping us safe, from
securing nuclear material worldwide to verifying that other countries
and various rogue actors are not developing nuclear weapons.
It would be nice if we lived in a world where a miraculous Golden
Dome could keep us safe from nuclear weapons, but we do not. We depend
on being able to detect and enforce violations of nonproliferation
agreements.
This bill leaves wide open opportunities for countries like Iran and
other nefarious actors to more easily get their hands on the materials
needed to build nuclear weapons. With tensions mounting in the Middle
East and the internet containing significant bomb-making instructions
which are much more accessible to terrorist groups, this is not the
time when America can afford to step back.
Mr. Chair, I thank the gentlewoman for yielding.
Mr. FLEISCHMANN. Mr. Chairman, at this time, I yield 2 minutes to the
gentleman from Texas (Mr. Weber), my friend.
Mr. WEBER of Texas. Mr. Chairman, I thank the gentleman from
Tennessee for yielding me time.
Mr. Chairman, I rise today to offer my support for this year's Energy
and Water Development Appropriations Act.
Mr. Chair, I will talk about Texas for just a minute. The Texas Gulf
Coast boasts 23 commercial seaports, 7 of America's largest petroleum
refineries, 3 LNG plants, and 60 percent of the Nation's strategic
petroleum reserve.
As the energy capital of the world, we understand the critical
importance of this very important, very good bill. Our hardworking
families on the Texas Gulf Coast depend on a robust energy sector, as
do most Americans. Even other countries depend on our energy sector.
This legislation, Mr. Chairman, will help us to continue to lead in
producing the cleanest, most affordable oil, as well as gas. Many of
the projects within this bill will advance many of President Trump's
goals. It is working. He is making progress. We are making progress.
His goal is to advance returning to an era of American energy
independence.
Let me repeat that. America will be, once again, energy independent.
We will be revitalizing critical ports. We will be revitalizing the
waterways that serve, actually, as a lifeblood for maintaining our
dominance in the global marketplace. It is just that simple, Mr.
Chairman.
This great Energy and Water Development appropriations bill, let me
tell you what it will do. It will bolster our economic strength. It
will bolster our economic strength, which suffered the last 4 years,
under the current administration. It will create jobs. It will create
jobs that are much needed by Americans.
The CHAIR. The time of the gentleman has expired.
Mr. FLEISCHMANN. Mr. Chair, I yield an additional 1 minute to the
gentleman from Texas.
{time} 1640
Mr. WEBER of Texas. Mr. Chair, this is going to create jobs, not just
for Texas but for the entire Nation.
The gentleman across the aisle just mentioned Iran, that somehow this
is going to help make it easier for Iran in the nuclear realm.
I think Iran just discovered that President Donald J. Trump is
serious when he says they will not be allowed to get a nuclear weapon.
I think they probably figured that out by now.
Mr. Chair, I will end by saying kudos to the Energy and Water
appropriations bill under this committee. We appreciate the gentleman
from Tennessee (Mr. Fleischmann).
Mr. Chair, I encourage my colleagues to support this bill as we
continue along the path of making America great once again.
Ms. KAPTUR. Mr. Chair, I yield myself the balance of my time.
Mr. Chair, this Energy and Water bill costs American households,
undermines U.S. global leadership, and weakens national security.
Sadly, this Republican Energy and Water bill does not meet our Nation's
imperative for the future.
In closing, I urge my colleagues to oppose this bill. America can do
better,
[[Page H3799]]
and we must lead in the new frontiers of energy and water. We must keep
this country secure. Our Nation's future depends on all of these.
Mr. Chair, I yield back the balance of my time.
Mr. FLEISCHMANN. Mr. Chair, I yield myself the balance of my time.
Mr. Chair, I thank the ranking member and the Members who have spoken
on this bill.
In closing, I urge strong support of this great bill. This bill helps
all of America regain energy dominance. It fulfills the great agenda
that President Trump has set out not only for nuclear but for energy.
It is a bill that helps all Americans with community projects for both
Republican and Democratic districts. It reaches out and does great
things for energy, for water, for the Bureau of Reclamation, and I urge
my colleagues to support this bill.
Mr. Chair, I yield back the balance of my time.
Ms. DeLAURO. Mr. Chair, I want to thank all of the Energy and Water
appropriations subcommittee staff for their hard work, in particular
Scott McKee, Anisha Singh, and Adam Wilson.
I am opposed to this bill. Not only will it raise energy costs for
American households and businesses, hurt our competitiveness,
jeopardize our energy independence and weaken our national security, we
are holding this debate weeks before the end of the fiscal year, with
no path forward to prevent a shutdown and Congress's authority being
attacked by unchecked Office of Management and Budget Director Russ
Vought and a lawless Administration.
Since taking office, the Trump Administration has stolen resources,
appropriated by this committee, for programs and services across the
federal government that help to grow the middle class, protect the
working class, support small businesses, and make sure billionaires and
corporations play by the rules and pay their fair share.
The cost-of-living crisis is felt by every American family--middle
class families, working families, rural families, seniors and other
vulnerable Americans. But the president is not laser focused on the
cost of-living crisis.
President Trump has attacked and destroyed programs created by
Congress and funded by the Appropriations Committee that protect our
national security and help increase domestic energy production. They
are substituting Congress' decisions and judgment with their own,
turning Article I of the Constitution on its head.
These cuts are not only felt in Washington, D.C. They affect all of
our constituents.
Just a few months ago, states across New England, including my state
of Connecticut, were ready to begin an ambitious and collaborative
effort to increase energy transmission capacity across our region, to
build resiliency and lower energy bills.
Nearly $400 million was going to be invested through the Department
of Energy's Grid Innovation Program to provide onshore connections for
offshore wind power, improve the electric grid, and install energy
storage through a project called Power Up New England.
But the President's Day One executive order abruptly halted offshore
wind energy projects in their tracks, and the Department of Energy
froze Power Up New England's grant. That project was expected to bring
enough energy online to power about 2 million homes, and reduce energy
costs for customers by up to $1.5 billion per year.
Energy demand is higher than ever and only increasing. Cheap,
reliable energy is key to affordability. The future lies with low-cost
wind and solar, not more expensive oil, gas, and coal. We have to
increase energy supply or costs will continue to rise for the American
people--and we will be dependent on importing energy to meet our goals.
Instead of focusing on ways to help lower energy costs, House
Republicans are using this bill to further gut critical federal
resources and advance their own ideological agenda.
Their cut of nearly half the budget for Energy Efficiency and
Renewable Energy is a direct attack on the programs that lower energy
bills for working families, create good-paying jobs in our communities,
and keep America competitive.
This bill revokes funding that supports hydrogen energy, batten,
recycling, and energy improvements in public schools, as well as
support for public-private clean energy projects.
Their bill undermines the very programs that help us stop the spread
of nuclear weapons, detect nuclear activity, and uphold arms control
efforts that make America and the world safer--and it underfunds
efforts to clean up sites contaminated by our Nation's early atomic
energy program.
All of this after Republicans passed the Big Ugly Bill, a law that
gives massive tax breaks to billionaires and the biggest corporations
while driving up home energy bills for families by as much as 30
percent.
I cannot support this bill, and I urge my colleagues to vote NO.
Instead of working with Democrats to lower prices and invest in
technology that promotes our energy independence, House Republicans are
pushing a bill that raises energy costs for families and businesses,
and eliminates good-paying jobs.
The CHAIR. All time for general debate is expired. Pursuant to the
rule, the bill shall be considered for amendment under the 5-minute
rule.
The bill shall be considered as read.
The text of the bill is as follows:
H.R. 4553
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, 2026, 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, $200,000,000, to remain
available until expended: Provided, That the Secretary shall
not deviate from 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); $2,555,000,000, to remain available until
expended; of which $84,883,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share
of construction costs for facilities under the Dredged
Material Disposal Facilities program; and of which such sums
as are necessary to cover 25 percent 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 not
deviate from 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,
$490,000,000, to remain available until expended, of which
$6,705,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible
operation and maintenance costs for inland harbors:
Provided, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
operation and maintenance
(including transfer of funds)
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, $6,140,000,000, to remain
available until expended, of which $3,381,412,000, to be
derived from the Harbor Maintenance Trust Fund, shall be to
cover the Federal share of eligible operations and
[[Page H3800]]
maintenance costs for coastal harbors and channels, and for
inland harbors, of which $40,000,000, shall be for the design
and construction to replace Federal dredges, in addition to
amounts otherwise made available for such purposes in the
revolving fund established by the first section of the Act of
July 27, 1953 (33 U.S.C. 576); of which such sums as may be
necessary shall be derived from amounts collected in this or
prior fiscal years under section 210 of the Flood Control Act
of 1968 (16 U.S.C. 460d-3) and are not otherwise appropriated
shall be for resource protection, research, interpretation,
and maintenance activities related to resource protection in
the areas at which outdoor recreation is available; 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;
and of which $62,000,000, to be derived from the general fund
of the Treasury, shall be to carry out subsection (c) of
section 2106 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2238c) and shall be designated as
being for such purpose pursuant to paragraph (2) of section
14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136): 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: Provided
further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$221,000,000, to remain available until September 30, 2027.
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, $40,000,000, to remain available until
expended.
expenses
(including transfer of funds)
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, $226,000,000, to remain available until September
30, 2027, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year; of which $10,000,000, shall
be for the design and construction to replace Federal
dredges, in addition to amounts otherwise made available for
such purposes, and shall be transferred to and merged with
funds available for such purposes in the revolving fund
established by the first section of the Act of July 27, 1953
(33 U.S.C. 576): 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. 7016(b)(3),
$6,000,000, to remain available until September 30, 2027:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act
and a work plan that allocates at least 95 percent of the
additional funding provided under each heading in the report
accompanying this Act, to specific programs, projects, or
activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the
Water Infrastructure Finance and Innovation Act of 2014,
$5,000,000, to remain available until September 30, 2027.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2026, 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, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year which shall
include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made
available in this Act solely in accordance with the
provisions of this Act and in the report accompanying this
Act, including the determination and designation of new
starts.
Sec. 103. 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. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and
[[Page H3801]]
expend, up to $8,733,000 of funds provided in this title
under the heading ``Operation and Maintenance'' to mitigate
for fisheries lost due to Corps of Engineers projects.
Sec. 105. 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. 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. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
Sec. 108. 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 a 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. 109. None of the funds made available by this Act may
be used to implement or enforce section 370 of Public Law
116-283 with respect to civil works projects.
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, $23,000,000, to remain available
until expended, of which $4,000,000 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, $1,950,000 shall be available until September 30,
2027, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2026, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $2,186,000 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, $1,710,630,000, to remain available until
expended, of which $23,899,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$7,679,000 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, the Water Storage Enhancement Receipts
account established by section 4011(e) of Public Law 114-322,
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 made available under
this heading, $3,237,000 shall be deposited in the San
Gabriel Basin Restoration Fund established by section 110 of
title I of division B of appendix D of Public Law 106-554.
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, such sums as may be
collected in fiscal year 2026 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,
$32,000,000, 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 six regions of the Bureau
of Reclamation, to remain available until September 30, 2027,
$64,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377, of which not to
exceed $5,000 may be used for official reception and
representation expenses: 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 and replacement of not to exceed 30
motor vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2026, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates 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,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(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,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(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, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; 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,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress.
(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) Except as provided in subsections (a) and (b), the
amounts made available in this title under the heading
``Bureau of Reclamation--Water and Related Resources'' shall
be expended for the programs, projects, and activities
specified in the ``House Recommended'' columns in the ``Water
and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the report
accompanying this Act.
(e) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of
[[Page H3802]]
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. (a) Title III of subtitle J of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322) is amended--
(1) In section 4007(i), by striking ``2021'' and inserting
``2027''; and
(2) In section 4013--
(A) in paragraph (1), by deleting ``section 4004, which
shall expire 10 years after the date of its enactment'' and
inserting ``section 4004, which shall expire on December 16,
2034''; and
(B) in paragraph (2), by inserting ``on or before December
16, 2026'' after ``4009(c)''.
(b) Section 1602(g)(1) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h) is
amended by striking ``$50,000,000'' and inserting
``$177,500,000''.
(c) Section 4(a)(2)(F)(i) of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended by
striking ``$30,000,000'' and inserting ``$106,500,000''.
Sec. 204. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$920,000,000'' and inserting ``$1,000,000,000''.
Sec. 205. (a) Title I of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) (118 Stat. 1681), as amended by
section 204 of division D of Public Law 117-103, shall be
applied by substituting ``2026'' for ``2022'' each place it
appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) is amended by striking
``$30,000,000'' and inserting ``$35,000,000''.
Sec. 206. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) shall be applied by
substituting ``2026'' for ``2022''.
Sec. 207. Section 301 of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied
by substituting ``$130,000,000'' for ``$120,000,000''
Sec. 208. Section 10609(a) of the Northwestern New Mexico
Rural Water Projects Act (subtitle B of title X of Public Law
111-11) shall be applied by substituting ``$1,815,000,000''
for ``$870,000,000'' and ``2026'' for ``2024''.
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, $1,830,000,000, to
remain available until expended: Provided, That of such
amount, $223,000,000 shall be available until September 30,
2027, 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, $200,000,000, to remain available until
expended: Provided, That of such amount, $28,000,000 shall
be available until September 30, 2027, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity 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, $225,000,000, to remain available until
expended: Provided, That of such amount, $19,700,000 shall
be available until September 30, 2027, for program direction:
Provided further, That funds under this heading allocated
for the purposes of section 9 of the Small Business Act, as
amended (15 U.S.C. 638), including for Small Business
Innovation Research and Small Business Technology Transfer
activities, or for the purposes of section 1001 of the Energy
Policy Act of 2005, as amended (42 U.S.C. 16391(a)), for
Technology Commercialization Fund activities, may be
reprogrammed without being subject to the restrictions in
section 301 of this Act.
Grid Deployment
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for grid deployment in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7191 et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$25,000,000, to remain available until expended: Provided,
That of such amount, $6,000,000 shall be available until
September 30, 2027, 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, $1,795,000,000, to remain available until
expended: Provided, That of such amount, $88,000,000 shall
be available until September 30, 2027, for program direction:
Provided further, That for the purpose of section 954(a)(7)
of the Energy Policy Act of 2005, as amended, the only amount
available shall be from the amount specified as including
that purpose in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report accompanying this Act.
Fossil Energy
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), $687,500,000, to remain available until
expended: Provided, That of such amount $70,000,000 shall be
available until September 30, 2027, 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,
$13,000,000, 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.), $294,628,000,
to remain available until expended.
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 of 1975, as amended
(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),
section 32204 of the Fixing America's Surface Transportation
Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note),
$100,000, 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.), $7,150,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$135,000,000, 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
[[Page H3803]]
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,
$337,700,000, to remain available until expended: Provided,
That in addition, fees collected pursuant to subsection
(b)(1) of section 5 of the Mercury Export Ban Act of 2008 (42
U.S.C. 6939f(b)(1)), and deposited under this heading in
fiscal year 2026 pursuant to section 309 of title III of
division C of Public Law 116-94 are appropriated, to remain
available until expended, for mercury storage costs.
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, $844,380,000,
to be deposited into and subsequently derived from the
Uranium Enrichment Decontamination and Decommissioning Fund,
to remain available until expended, of which $0 shall be
available in accordance with title X, subtitle A, of the
Energy Policy Act of 1992.
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 35 passenger
motor vehicles, $8,400,000,000, to remain available until
expended: Provided, That of such amount, $226,831,000 shall
be available until September 30, 2027, 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, $12,040,000, to remain available until expended,
which shall be derived from the Nuclear Waste Fund.
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), $350,000,000, to remain
available until expended: Provided, That of such amount,
$40,000,000 shall be available until September 30, 2027, 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 of the Title 17 Innovative
Technology Loan Guarantee Program, as authorized, $35,000,000
is appropriated, to remain available until September 30,
2027: Provided further, That up to $35,000,000 of fees
collected in fiscal year 2026 pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary
administrative expenses in this appropriation and shall
remain available until September 30, 2027: Provided further,
That to the extent that fees collected in fiscal year 2026
exceed $35,000,000, those excess amounts shall be credited as
offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2026 (estimated at
$70,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2026 appropriation from
the general fund estimated at $0: Provided further, That for
the cost of loan guarantees for the construction of small
modular reactors or advanced nuclear reactors eligible under
section 1703(b)(4) of the Energy Policy Act of 2005 (42
U.S.C. 16513(b)(4)), $150,000,000 is appropriated, to remain
available until expended: 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 609.8 of title 10, Code of Federal Regulations:
Provided further, That the amounts provided under this
paragraph are in addition to those provided in any other Act:
Provided further, That for amounts collected pursuant to
section 1702(b)(2) of the Energy Policy Act of 2005, the
source of such payment received from borrowers may not be a
loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of such loan
guarantee authority made available under this paragraph shall
be available for commitments to guarantee loans for any
projects where funds, personnel, or property (tangible or
intangible) of any Federal agency, instrumentality,
personnel, or affiliated entity are expected be used
(directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases,
procurements, sales, other transaction authority, or other
arrangements, to support the project or to obtain goods or
services from the project: Provided further, That the
preceding proviso shall not be interpreted as precluding the
use of the loan guarantee authority provided under this
paragraph for commitments to guarantee loans for:
(1) projects as a result of such projects benefitting from
otherwise allowable Federal income tax benefits;
(2) projects as a result of such projects benefitting from
being located on Federal land pursuant to a lease or right
of-way agreement for which all consideration for all uses is:
(A) paid exclusively in cash;
(B) deposited in the Treasury as offsetting receipts; and
(C) equal to the fair market value as determined by the
head of the relevant agency;
(3) projects as a result of such projects benefitting from
Federal insurance programs, including under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known
as the ``Price-Anderson Act''); or
(4) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing
Administration or the Tennessee Valley Authority that have
been authorized, approved, and financed independent of the
project receiving the guarantee:
Provided further, That none of the loan guarantee authority
made available under this heading shall be available for any
project unless the Director of the Office of Management and
Budget has certified in advance in writing that the loan
guarantee and the project comply with the provisions under
this heading.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $13,000,000, to remain available
until September 30, 2027.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$6,300,000, to remain available until September 30, 2027.
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, to
remain available until expended: Provided, That of the
amount appropriated under this heading, $14,000,000 shall be
available until September 30, 2027, for program direction.
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.), $304,653,000, to remain available until
September 30, 2027, 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 $100,578,000 in fiscal year 2026
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 2026 appropriation from the
general fund estimated at not more than $204,075,000.
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, $90,000,000, to remain available until
September 30, 2027.
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, $20,661,993,000, to
remain available until expended: Provided, That of such
amount, $149,244,000 shall be available until September 30,
2027, for program direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
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
[[Page H3804]]
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, $1,993,060,000, to
remain available until expended: Provided, That of the
unobligated balances from prior year appropriations available
under this heading $9,422,000 is hereby rescinded.
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, $2,171,023,000, to remain
available until expended, of which, $96,740,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount made available under this heading,
$61,540,000 shall be available until September 30, 2027, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $500,000,000,
to remain available until September 30, 2027, including
official reception and representation expenses not to exceed
$17,000.
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, $6,521,396,000, to
remain available until expended: Provided, That of such
amount, $310,000,000 shall be available until September 30,
2027, 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, $1,179,950,000, to remain available until
expended: Provided, That of such amount, $391,354,000 shall
be available until September 30, 2027, for program direction.
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
2026, 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, $9,285,000, 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 $9,285,000 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 2026
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$81,819,000 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, $59,766,000, 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 $49,366,000 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 2026 appropriation estimated at
not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $80,000,000 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, $311,035,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $311,035,000 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 $247,663,000 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 2026 appropriation estimated at
not more than $63,372,000, of which $63,372,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $475,000,000 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,
$6,510,000, 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 $6,282,000 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 2026 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 2026, the
Administrator of the Western Area Power Administration may
accept up to $1,072,000 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,
[[Page H3805]]
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, $520,000,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $520,000,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2026 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 2026 so as to result
in a final fiscal year 2026 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) provide nonoperational funding through a competition
restricted only to Department of Energy National Laboratories
totaling $1,000,000 or more;
(D) provide nonoperational funding directly to a Department
of Energy National Laboratory totaling $25,000,000 or more;
(E) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A),
(B), (C), or (D);
(F) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A), (B), (C), or (D); or
(G) issue a letter to terminate an allocation, award, or
Agreement in excess of the limits in subparagraph (A), (B),
(C), or (D).
(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,
and in the amounts specified in the ``Bill'' column in the
``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the report
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, and obtain the prior approval of,
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 2026 until the enactment of the Intelligence
Authorization Act for fiscal year 2026.
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. None of the funds made available in this title
may be used to support a grant allocation award,
discretionary grant award, or cooperative agreement that
exceeds $100,000,000 in Federal funding unless the project is
carried out through internal independent project management
procedures.
Sec. 306. No funds shall be transferred directly from
``Department of Energy--Power Marketing Administration--
Colorado River Basins Power Marketing Fund, Western Area
Power Administration'' to the general fund of the Treasury in
the current fiscal year.
Sec. 307. (a) 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 submitted by the
President pursuant to section 1105 of title 31, United States
Code, 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. None of the funds made available by this Act may
be used to draw down and sell petroleum products from the
Strategic Petroleum Reserve (1) to any entity that is under
the ownership, control, or influence of the Chinese Communist
Party; or (2) except on condition that such petroleum
products will not be exported to the People's Republic of
China.
Sec. 309. (a) None of the funds made available by this Act
may be used by the Secretary of Energy to award any grant,
contract, cooperative agreement, or loan of $10,000,000 or
greater to an entity of concern as defined in section 10114
of division B of Public Law 117-167.
(b) The Secretary shall implement the requirements under
subsection (a) using a risk-based approach and analytical
tools to aggregate, link, analyze, and maintain information
reported by an entity seeking or receiving such funds made
available by this Act.
(c) This section shall be applied in a manner consistent
with the obligations of the United States under applicable
international agreements.
(d) The Secretary shall have the authority to require the
submission to the agency, by an entity seeking or receiving
such funds made available by this Act, documentation
necessary to implement the requirements under subsection (a).
(e) Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork
[[Page H3806]]
Reduction Act''), shall not apply to the implementation of
the requirements under this section.
(f) The Secretary and other Federal agencies shall
coordinate to share relevant information necessary to
implement the requirements under subsection (a).
Sec. 310. None of the funds appropriated or otherwise made
available by this Act may be used to admit any non-U.S.
citizen from Russia or China to any nuclear weapons
production facility, as such term is defined in section 4002
of the Atomic Energy Defense Act (50 U.S.C. 2501), other than
areas accessible to the general public, unless 30 days prior
to facility admittance, the Department of Energy provides
notification to the Committees on Appropriations and Armed
Services of both Houses of Congress.
Sec. 311. (a) None of the funds made available by this Act
or otherwise made available for fiscal year 2025 for the
Department of Energy may be obligated or expended to procure
or purchase computers, printers, or interoperable
videoconferencing services needed for an office environment
in which the manufacturer, bidder, or offeror, or any
subsidiary or parent entity of the manufacturer, bidder, or
offeror, of the equipment is an entity, or parent company of
an entity in which the People's Republic of China has any
ownership stake.
(b) The prohibition in subsection (a) also applies in cases
in which the Secretary has contracted with a third party for
the procurement, purchase, or expenditure of funds on any of
the equipment and software described in such subsection.
Sec. 312. None of the funds made available by this Act may
be used to finalize, administer, implement, or enforce the
final rule entitled ``Clean Energy for New Federal Buildings
and Major Renovations of Federal Buildings'' published by the
Department of Energy in the Federal Register on May 1, 2024
(89 Fed. Reg. 35384).
Sec. 313. Of the unobligated balances from amounts
previously made available to the Department of Energy in
division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58), the following funds shall be transferred
from the following programs in the specified amounts to
``Department of Energy--Energy Programs--Nuclear Energy'',
and, in addition to amounts otherwise made available, shall
be available for the not more than two competitive awards for
Generation 3+ small modular reactor deployment projects
described in section 311(a)(1)(A) of division D of the
Consolidated Appropriations Act, 2024 (Public Law 118-42),
the two awards for demonstration projects made prior to the
date of enactment of this Act under the Advanced Reactor
Demonstration Program, as authorized under section 959A of
the Energy Policy Act of 2005 (42 U.S.C. 16279a), and Risk
Reduction for Future Demonstrations, as described under the
heading Advanced Reactor Demonstration Program in the
explanatory statement accompanying division C of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94)--
(1) $672,652,992 from the unobligated balances under the
heading ``Department of Energy--Energy Programs--Energy
Efficiency and Renewable Energy'' provided to implement
sections 40208, 40314, 40511(a), and 40541 of such Act;
(2) $981,479,556 from the unobligated balances under the
heading ``Department of Energy--Energy Programs--Nuclear
Energy'';
(3) $1,000,000,000 from the unobligated balances under the
heading ``Department of Energy--Energy Programs--Fossil
Energy and Carbon Management'' provided to implement section
40308 of division D of such Act;
(4) $1,500,000,000 from the unobligated balances under the
heading ``Department of Energy--Energy Programs--Carbon
Dioxide Transportation Infrastructure Finance and Innovation
Program Account'';
(5) $950,000,000 from the unobligated balances under the
heading ``Department of Energy--Energy Programs--Office of
Clean Energy Demonstrations'' provided to implement sections
41004(a) and 41004(b) of such Act:
Provided, That amounts transferred pursuant to this
section shall continue to be treated as amounts specified in
section 103(b) of division A of Public Law 118-5.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, 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, $162,535,255, 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, $45,000,000, to remain available until
September 30, 2027, of which not to exceed $1,000 shall be
available for official reception and representation expenses.
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, $25,274,232, 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,
$13,815,497, 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 for which the
Denali Commission is the sole or primary funding source 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 for Indian
Tribes, as defined by section 5304(e) of title 25, United
States Code, and in 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 any project for
which the Denali Commission is not the sole or primary
funding source, provided that such project is consistent with
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, $33,319,727, 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, $16,253,526, to remain
available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $4,063,381, to remain
available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in
carrying out activities authorized by subtitle V of title 40,
United States Code, $4,063,381, 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, $952,700,000, including official
representation expenses not to exceed $30,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $11,494,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2027: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $804,509,977 in fiscal year 2026
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 the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2026 so as to
result in a final fiscal year 2026 appropriation estimated at
not more than $148,190,023.
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, $18,795,000, to remain available until September 30,
2027: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $14,885,000 in fiscal year 2026 shall be
retained and be available until September 30, 2027, 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
2026 so as to result in a final fiscal year 2026
appropriation estimated at not more than $3,910,000:
Provided further, That of the amounts appropriated under this
heading, $1,572,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board.
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, $4,000,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2027.
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.
[[Page H3807]]
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 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
(including transfer of funds)
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
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 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. (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. 504. (a) No federal monies shall be expended in
furtherance of any agreement among private entities for
consolidated interim storage of spent nuclear fuel that is
not specifically authorized under federal law until such time
that host state and local governments and any affected Indian
tribes have formalized their consent.
(b) Provided that the prohibition provided for in this
section shall not apply to facilities presently storing
commercial spent nuclear fuel, pursuant to a license issued
by the Nuclear Regulatory Commission, as of the date of
enactment of this Act.
(c) For purposes of this section, ``spent nuclear fuel''
shall have the same meaning as provided in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
Sec. 505. None of the funds made available by this Act may
be used for diversity, equity, and inclusion initiatives,
training, programs, offices, officers, policies, or other
executive agency functions, or to carry out any program,
project, or activity that promotes or advances Critical Race
Theory or any concept associated with Critical Race Theory.
Sec. 506. (a) In General.--Notwithstanding section 7 of
title 1, United States Code, section 1738C of title 28,
United States Code, or any other provision of law, none of
the funds provided by this Act, or previous appropriations
Acts, shall be used in whole or in part to take any
discriminatory action against a person, wholly or partially,
on the basis that such person speaks, or acts, in accordance
with a sincerely held religious belief, or moral conviction,
that marriage is, or should be recognized as, a union of one
man and one woman.
(b) Discriminatory Action Defined.--As used in subsection
(a), a discriminatory action means any action taken by the
Federal Government to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement,
guarantee, loan, scholarship, license, certification,
accreditation, employment, or other similar position or
status from or to such person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a
Federal benefit program, including admission to, equal
treatment in, or eligibility for a degree from an educational
program, from or to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified
for purposes of Federal law any person that would be
accredited, licensed, or certified, respectively, for such
purposes but for a determination against such person wholly
or partially on the basis that the person speaks, or acts, in
accordance with a sincerely held religious belief or moral
conviction described in subsection (a).
Sec. 507. None of the funds made available by this Act or
any other Act may be used to implement, administer, or
enforce any COVID-19 mask or vaccine mandates.
Sec. 508. None of the funds appropriated or otherwise made
available by this Act may be used to fly or display a flag
over or within a facility of the federal government other
than the flag of the United States, flag bearing an official
U.S. Government seal or insignia, or POW/MIA flag.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be made available to finalize any
rule or regulation that meets the definition of section
804(2)(A) of title 5, United States Code.
Sec. 510. None of the funds appropriated or otherwise made
available by this Act or any other Act may be available to
classify or facilitate the classification of any
communications by a United States person as mis-,
dis-, or mal-information; or partner with or fund nonprofit
or other organizations that pressure or recommend private
companies to censor lawful and constitutionally protected
speech of United States persons, including recommending the
censoring or removal of content on social media platforms.
Sec. 511. Section 225(c)(2)(A)(ii) of the Water Resources
Development Act of 1992 (33 U.S.C. 2328(c)(2)(A)(ii)) is
amended by striking ``at recreation site at which the fee is
collected'' and inserting ``at any recreation site or
facility that is located at the civil works project at which
the fee is collected''.
spending reduction account
Sec. 512. $0.
This Act may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2026''.
The CHAIR. All points of order against provisions in the bill are
waived. No amendment to the bill shall be in order except those printed
in House Report 119-232, amendments en bloc described in section 3 of
House Resolution 672, and pro forma amendments described in section 4
of that resolution.
Each amendment printed in the report shall be considered only in the
order printed in the report, may be offered only by a Member designated
in the report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and
[[Page H3808]]
controlled by the proponent and an opponent, shall not be subject to
amendment except as provided by section 4 of House Resolution 672, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their designees, shall not be
subject to amendment, except as provided by section 4 of House
Resolution 672, and shall not be subject to a demand for division of
the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate.
Amendments En Bloc Offered by Mr. Fleischmann of Tennessee
Mr. FLEISCHMANN. Mr. Chair, pursuant to House Resolution 672, I offer
amendments en bloc as designee of Chairman Cole.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 1, 2, 3, 4, 5, 6, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 34, 35, and 36, printed
in House Report 119-232, offered by Mr. Fleischmann of Tennessee:
Amendment No. 1 Offered by Mr. Arrington of Texas
Page 28, line 21, after the dollar amount, insert
``(reduced by $50,000,000) (increased by $50,000,000)''.
Amendment No. 2 Offered by Mrs. Cammack of Florida
Page 38, line 5, after the dollar amount, insert ``(reduced
by $2,500,000)''.
Page 7, line 10, after the dollar amount, insert
``(increased by $2,500,000)''.
Amendment No. 3 Offered by Ms. Dexter of Oregon
Page 27, line 13, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 4 Offered by Mr. Fry of South Carolina
Page 33, line 24, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 5 Offered by Mr. Vicente Gonzalez of Texas
Page 3, line 20, after the dollar amount, insert
``(increased by $40,000,000) (reduced by $40,000,000)''.
amendment no. 6 offered by mr. vicente gonzalez of texas
Page 3, line 20, after the dollar amount, insert
``(increased by $27,000,000) (reduced by $27,000,000)''.
amendment no. 9 offered by mr. hernandez of puerto rico
Page 27, line 13, after the dollar amount, insert
``(reduced by $75,000,000)(increased by $75,000,000)''.
Amendment no. 10 Offered by Mr. Hernandez of Puerto Rico
Page 3, line 20, after the dollar amount, insert
``(increased by $35,000,000) (reduced by $35,000,000)''.
amendment no. 11 offered by mr. higgins of louisiana
Page 5, line 8, after the dollar amount, insert ``(reduced
by $50,000,000) (increased by $50,000,000)''.
Amendment no. 12 Offered by Mr. Hill of Arkansas
Page 5, line 8, after the dollar amount, insert ``(reduced
by $3,000,000) (increased by $3,000,000)''.
Amendment No. 13 offered by Mrs. Houchin of Indiana
Page 38, line 5, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 14 offered by Mrs. Kiggans of Virginia
Page 28, line 21, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 15 offered by Mrs. Kiggans of Virginia
On page 7, line 10, after the dollar amount insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 16 offered by Mrs. Kiggans of Virginia
Page 5, line 8, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 17 offered by Mrs. Kiggans of Virginia
Page 28, line 9, after the dollar amount insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 18 Offered by Mr. LaMalfa of California
Page 5, line 8, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 38, line 5, after the dollar amount, insert ``(reduced
by $3,000,000)''.
Amendment No. 19 Offered by Mr. LaMalfa of California
Page 3, line 20, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 38, line 5, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Amendment No. 20 Offered by Mr. Langworthy of New York
Page 3, line 5, after the dollar amount, insert
``(increased by $500,000) (reduced by $500,000)''.
Amendment No. 22 Offered by Mr. Moulton of Massachusetts
Page 5, line 8, after the dollar amount, insert ``(reduced
by $3,000,000) (increased by $3,000,000)''.
Amendment No. 34 Offered by Mr. Scott of Virginia
Page 32, line 22, after the dollar amount, insert
``(increased by $11,000,000) (reduced by $11,000,000)''.
Amendment No. 35 Offered by Mr. Steube of Florida
Page 3, line 20, after the dollar amount, insert ``(reduced
by $100,000,000) (increased by $100,000,000)''.
Amendment No. 36 Offered by Mr. Taylor of Ohio
Page 60, line 22, after the dollar amount, insert
``(reduced by $500,000) (increased by $500,000)''.
The CHAIR. Pursuant to House Resolution 672, the gentleman from
Tennessee (Mr. Fleischmann) and the gentlewoman from Ohio (Ms. Kaptur)
each will control 10 minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. FLEISCHMANN. Mr. Chair, this bipartisan en bloc amendment was
developed in coordination with the minority. It contains
noncontroversial amendments addressing important issues at agencies
funded in this bill. These amendments have been agreed to by both
sides.
Mr. Chair, I respectfully support its adoption, and I reserve the
balance of my time.
Ms. KAPTUR. Mr. Chair, I rise in support of this bipartisan amendment
and offer the comment that I wish all legislation could be accomplished
in this manner.
This en bloc contains noncontroversial amendments from Members of
both parties. I have no objections and urge support of the amendment.
Mr. Chair, I reserve the balance of my time.
Mr. FLEISCHMANN. Mr. Chair, I yield 2 minutes to the gentleman from
Ohio (Mr. Taylor), my friend.
Mr. TAYLOR. Mr. Chair, I rise today in support of my amendment, which
would require the Appalachian Regional Commission to conduct the study
on the inclusion of low Earth orbit satellites to be used for economic
development.
The United States should be encouraging and embracing new
technological advances that help bridge the broadband gap across rural
regions, ensuring all Americans are connected to the modern economy.
Many towns and communities within my district in southern Ohio still
lack access to broadband, which, frankly, is unacceptable. Without
reliable internet access, students face challenges in completing
homework, patients can't receive telehealth services, businesses are
less incentivized to invest in their communities, and people can't work
from home.
My amendment, which is included in this en bloc, will help show that
low Earth orbit satellites have the capabilities to provide adequate
broadband access to communities and create economic development within
the Appalachian region.
As a co-chair of the Rural Broadband Caucus, I am committed to
connecting folks as quickly as possible whether that be through fiber,
wireless service, or satellites.
Congress should be implementing a technologically neutral broadband
approach and the inclusion of this new technology will provide
additional avenues to provide broadband to people in my district and
across the Appalachian region and finally give them access to the
modern economy.
Ms. KAPTUR. Mr. Chair, I thank Congressman Taylor for coming to the
floor, who is a fellow Buckeye. It is great to have southern Ohio and
northern Ohio on the floor at the same time.
Mr. Chair, I yield 2 minutes to the gentlewoman from Oregon (Ms.
Dexter).
[[Page H3809]]
Ms. DEXTER. Mr. Chair, I thank the ranking member for her time.
Mr. Chair, data centers are sucking up our most precious resource:
water.
Larger data centers can each drink up to 5 million gallons per day or
about 1.8 billion gallons annually, usage equivalent to a town of
10,000 to 50,000 people.
At a time when the climate crisis is driving water scarcity even in
places not used to shortages, we cannot afford to ignore this grave
threat. As the top Democrat on the House Natural Resources Subcommittee
on Oversight and Investigations, I am not ignoring this threat.
Today, I am grateful for the inclusion of my amendment in the en bloc
that gives the Federal Government the tools it needs to understand and
address how new technological demands are straining our communities'
water. It is a simple, commonsense step, and in the face of an
otherwise catastrophic bill that slashes clean energy incentives and
raises prices, I am grateful to find consensus around safeguarding
water for our communities.
This amendment is one small step in the right direction. I will not
stop fighting to protect water, to protect our children's future, and
to protect our planet.
Mr. Chair, I urge the adoption of this amendment en bloc.
Mr. FLEISCHMANN. Mr. Chair, I yield 2 minutes to the distinguished
gentleman from Arkansas (Mr. Hill), my friend and also the chairman of
the House Financial Services Committee.
{time} 1650
Mr. HILL of Arkansas. Mr. Chair, I first say thanks to the
distinguished chair and thanks to Members on both sides of the aisle
for bringing this important bill to the floor, H.R. 4553, our Energy
and Water Development and Related Agencies Appropriations Act.
Mr. Chair, my amendment today includes funding to the operations and
management account under title I of this bill, which is the funding for
the Army Corps of Engineers.
Specifically, I would like to highlight my application that the
Little Rock Army Corps has submitted on behalf of a river in my
district, the Little Red River, for the Sustainable Rivers Program.
Mr. Chair, the Little Red River has become home to a sizable and
attractive wild brown trout population. It is a regional mecca for
trout fishing in the mid-South.
For example, the Little Red River is home to the former world record
40-pound brown trout. Over 25 miles of fly-fishing water and over 1,000
fish per square mile brings anglers of all sizes, types, and ages to
Arkansas.
Mr. Chair, because of Arkansas' many rivers, lakes, and other natural
beauties, recreational fishing that is done on the Little Red River now
contributes $1.2 billion and 10,000 jobs to the Arkansas economy.
However, despite this beloved place in Arkansas' heritage, this river's
existing tail water trout fishery has been struggling for years.
After careful conversations with the Arkansas Game and Fish
Commission, the Little Rock Army Corps of Engineers, and groups
representing recreational fishing, I want to voice my support for the
Little Red River's application to the Sustainable Rivers Program.
The Sustainable Rivers Program would allow the Little Rock Army Corps
to plan effectively for the environmental stewardship that correctly
assesses water trends and helps the Little Rock Corps decisionmakers
make good, low-risk decisions for the benefit of this trout fishery.
It also prevents the need for new and required equipment,
environmental reviews, such as those required under the National
Environmental Protection Act, and changes to the current water control
plan.
The CHAIR. The time of the gentleman has expired.
Mr. FLEISCHMANN. Mr. Chair, I yield an additional 1 minute to the
gentleman from Arkansas.
Mr. HILL of Arkansas. Mr. Chair, additionally, this program would
build upon the previous success that the Arkansas delegation achieved
in the last Congress for the White River Basin Comprehensive Study.
Mr. Chair, I thank the leadership of the committee, I thank the Rules
Committee, and Chair Foxx for adding this amendment under consideration
for the floor today and approved by the Rules Committee. I urge a
``yes'' vote.
Ms. KAPTUR. Will the gentleman yield?
Mr. HILL of Arkansas. I yield to the gentlewoman from Ohio.
Ms. KAPTUR. Representing the largest fishery on the Great Lakes where
we have white fish, perch, and pickerel, I would be very interested in
the gentleman letting us know how long brown fish grow. What is their
length?
Mr. HILL of Arkansas. Well, a 40-pound trout is not anything like the
deep freshwater fish of the Great Lakes, but if you had a 26-inch fish,
that is a huge brown trout. I was fortunate enough to be out in Wyoming
looking for rainbow trout, and if you found one that was 15 inches, you
would be flabbergasted. I am proud that Arkansas held the record for
the brown trout for about 25 years.
This Sustainable Rivers Program is an important program through the
Corps of Engineers for our freshwater fishery in Arkansas and across
the country, and I thank the gentlewoman for the consideration.
Ms. KAPTUR. Mr. Chair, we ought to have a fish day up here on Capitol
Hill to make everybody feel better.
Mr. Chair, I reserve the balance of my time.
Mr. FLEISCHMANN. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Louisiana (Mr. Higgins), my friend.
Mr. HIGGINS of Louisiana. Mr. Chair, my amendment increases and
decreases $50 million for the Corps of Engineers in order for me to
bring attention to the failure of the Corps of Engineers to dredge a
particular section of river that winds through the heart of my
district.
The Vermilion River, for a 17-mile stretch, is prone to flood. The
Flood Control Act of 1941 established that this river should be
maintained at 9-feet deep and 100-feet wide.
In 1956, the Army Corps of Engineers classified the project as an
operation and management project to be maintained at 9-feet deep and
100-feet wide for a 17-mile stretch of a river that runs through a
density of population and has never been maintained. The river has been
dredged one time in that period of time. In 1997, they dredged 1 mile.
When I came into office, I focused on getting it done. The Corps said
they needed money. I asked how much. They said: Well, we really need
science first. We need to study it first.
All right. How much do you need for studying it?
I got them that, a quarter of a million. They had data done by a top
IT university in the entire world with 500,000 data points. Across 17
miles of river, it was determined that dredging needed to happen, so
the Corps of Engineers said: Okay, we need $50 million to accomplish
this.
I got them the $50 million. They have been sitting on that money, Mr.
Chair, for 4 years, and we have had enough. I believe the Corps of
Engineers is not in compliance with Federal law nor are they in
compliance with the will of this body nor are they performing according
to the funding of this body, and I intend to do something about it.
Ms. KAPTUR. Mr. Chair, I reserve the balance of my time.
Mr. FLEISCHMANN. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from the great State of Texas (Mr. Arrington), the chairman
of the House Budget Committee and my dear friend.
Mr. ARRINGTON. Mr. Chairman, my amendment makes good on President
Trump's executive order to supercharge U.S. energy dominance by
harnessing advanced nuclear technologies.
In the heart of west Texas, at Abilene Christian University, we are
building a first-of-its-kind molten salt research reactor, a game
changer, no doubt, for making nuclear energy safer, more efficient, and
deployable.
This project, Mr. Chair, isn't just pie in the sky. It has generated
over $110 million in private investment, $112 million from the State of
Texas, and just last month, thanks to the leadership and vision of
Secretary Chris Wright, has received a conditional commitment from DOE
to provide its fuel.
This is the only molten salt reactor to ever receive a construction
permit from the Nuclear Regulatory Commission and the first research
reactor to
[[Page H3810]]
receive an NRC construction permit in over 30 years. All that is needed
now for this reactor to become operational is for the Federal
Government to do what it has always done for every research reactor in
the country for decades, which is to provide the fuel at no cost to the
university. That is to those reactors that have met those stringent
requirements.
Mr. Chair, this advanced nuclear technology is the best chance for
America to beat China in the very important nuclear power race and
secure our Nation's future energy security.
I urge my colleagues to support this amendment.
God bless west Texas, and go Wildcats.
Ms. KAPTUR. Mr. Chair, I reserve the balance of my time.
Mr. FLEISCHMANN. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Texas (Mr. Cloud), who also is the vice chairman of this
Appropriations subcommittee.
Mr. CLOUD. Mr. Chairman, I thank our chairman for his great work on
this bill. I am happy to say that this bill supports the much-needed
transition away from the policies of the previous administration in
regard to energy and water and puts us on the right path, which is much
needed, to support the President's agenda.
It does this in a few ways. It cuts waste, fraud, and abuse. It
preserves our nuclear stockpiles so America can continue the
President's mandate of peace through strength, and it works to restore
our energy dominance and security that President Trump accomplished in
his first administration. Yet, the Biden administration worked to
undermine us at every step along the way.
Mr. Chair, $5.1 billion in green new energy scam funds are being
transferred to various nuclear programs, including the Advanced Reactor
Demonstration Program, which helps companies get closer to building
nuclear facilities. This is extremely important.
We saw how the EV mandates and the policies of the previous
administration spent billions and billions building only a handful of
charging stations, again undermining America's energy dominance.
In the base of this bill, there is $50 million for the ARDP
demonstration programs and $77 million for risk-reduction projects. We
secured close to $5 billion in Army Corps projects that improve
navigation and operating waterways for vessels which strengthens our
economy, helps us to export, and helps us to lead on the world stage.
Projects like the Matagorda and Corpus Christi Ship Channel projects
provide waterways for imports and exports, resources like LNG, crude
oil, fertilizers, chemicals, and petrochemicals. The Corpus Christi
Ship Channel alone exports the highest amount of crude oil in the
country and is one of the top exporters of LNG to our allies and
friends around the world, being the number one energy export port in
the world.
{time} 1700
Water is going to be a major issue as we continue to go forward and
develop. There is language in here that points to desalination projects
to help receive research and development funds so we can continue to
lead, grow, and develop, and it contains language for the Bureau of
Reclamation to develop seawater desalination facilities as we continue
to move forward.
Mr. Chair, I thank the chairman for his leadership on this and for
the great work in supporting the President's agenda.
Mr. Chair, I yield back the balance of my time.
Ms. KAPTUR. Mr. Chair, I reserve the balance of my time.
The Acting CHAIR (Mr. Mackenzie). The gentlewoman has the only time
remaining.
Ms. KAPTUR. Mr. Chair, I thank the Chair for his good measure today.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Tennessee (Mr. Fleischmann).
The en bloc amendments were agreed to.
The Chair understands that amendment No. 7 will not be offered.
Amendment No. 8 Offered by Mr. Griffith
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 119-232.
Mr. GRIFFITH. Mr. Chairman, I have an amendment at the desk,
amendment No. 8.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 29, line 18, after the dollar amount, insert
``(increased by $6,875,000)''.
Page 38, line 5, after the dollar amount, insert ``(reduced
by $6,875,000)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Virginia (Mr. Griffith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. GRIFFITH. Mr. Chairman, my amendment is a necessary amendment. It
addresses the importance of all types of energy research and
development, R&D, funding at the Department of Energy, DOE,
specifically, the energy research being conducted at the Office of
Fossil Energy.
Any effective plan to handle increased energy demand must take into
account our Nation's vast supply of coal and natural gas and our talent
for technological innovation.
Artificial intelligence and the data centers to support it are going
to require a boatload of additional power. While we don't know the
exact amount of electricity we need, we know it is going to be a lot
more than we have today because our country is facing increased
electricity demand for the first time in 10 years. The appetite of AI
and data centers is enormous. AI needs to be developed, controlled, and
led by the United States of America, not an adversarial or competitive
nation like China.
China is projected to increase its emissions for the foreseeable
future and reportedly began construction in 2024 on coal units
equivalent to 94.5 gigawatts of power. That is a lot, Mr. Chairman.
Additionally, China is financing a number of coal-fired plants in
Africa and other countries with emerging economies. China is
responsible for 93 percent of new coal power plant construction, and I
don't believe that we should let our expertise and our vast amounts of
coal in this country, good, clean coal, wither.
As I have said before, in the developing world, more energy means
more hope and less poverty, and that helps us, as well. We take for
granted, in this case, that our lights are going to come on when we hit
that switch and turn it on. That is not always going to be the case if
we don't continue to use all-of-the-above energy strategies.
Developing countries don't want to force their people to live in
poverty because of a lack of energy, so they are going to use coal.
What we can do is produce that coal. We can help them if we unleash our
technological advantages and help find better ways to use coal and
natural gas more cleanly. We should use our expertise in finding ways
to control emissions with carbon capture and other pollution control
technologies.
That is why DOE funding for fossil and renewable research is vital.
We need to produce and then export the best, cleanest, and efficient
energy technology to the world. It helps us, and it helps places like
India and sub-Saharan Africa, where many of their people don't have a
steady supply of electricity. Nobody can blame them for using dirty
coal and those Chinese technology plants, which are not as good as the
U.S. plants, because they want to make sure their people have a chance
at prosperity, as well.
DOE plays an important role in this R&D, but we can do a lot more for
fossil energy innovation and exploration. That is what the amendment
does.
In the past few fiscal years, the delta between renewable energy
research and fossil energy has really widened for the research that we
are doing.
I am advocating with this amendment that we shouldn't ignore our
fossil fuel efficiency and carbon mitigation research.
My amendment increases the fossil energy account by $6,875,000, or 1
percent, with an offset from the departmental expenses account.
To be clear, I am not against renewable energy research. I just
believe we shouldn't be putting all of our eggs in one basket.
I urge my colleagues to support an all-of-the-above energy policy
and,
[[Page H3811]]
more importantly, an all-of-the-above research policy at DOE so that we
can expand our ability to deal with the energy demand increases and
that we can have research for a commodity that we have the world's
greatest supply of, coal and natural gas.
We ought to use it. God blessed us with this resource. We ought to
use it. We ought to use it cleanly. We ought to use it responsibly. We
ought to be able to export our technologies to the rest of the world.
If we don't do the research, we can't do it.
I ask everybody to support this all-of-the-above policy plan and
support my amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Griffith).
The amendment was agreed to.
Amendment No. 21 Offered by Mr. McCormick
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in House Report 119-232.
Mr. McCORMICK. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. ___. None of the funds made available by this Act may
be used to close the Toto Creek, Bolding Mill, Duckett Mill,
Old Federal, Van Pugh South Campground, Sawnee, or Bald Ridge
Creek campgrounds located at Lake Sidney Lanier, Georgia.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Georgia (Mr. McCormick) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Georgia.
Mr. McCORMICK. Mr. Chair, I rise to offer an amendment to H.R. 4553.
Mr. Chair, my amendment No. 21 is to the Energy and Water Development
and Related Agencies Appropriations Act for fiscal year 2026.
My amendment No. 21 prevents the Army Corps of Engineers from closing
campgrounds around Lake Lanier. My amendment will ensure that these
campgrounds are open for my constituents and people from all over the
country to enjoy the outdoors in Georgia's Seventh District.
Lake Lanier is the most visited lake of 464 federally operated lakes
in the United States, with well over 10 million annual visitors from
all over the country. The Army Corps runs the lake and the campgrounds
and parks surrounding it.
This summer, the Corps closed many of the campgrounds around the
lake, citing a lack of manpower and resources. Congress had provided
$8.7 billion in annual appropriations for 2025, which was actually $1.5
billion more than the agency's own requested budget. They cited safety
concerns and manning issues, which we addressed appropriately, although
they announced the closures after they actually did it.
Thanks to the efforts of myself, Congressman Clyde, and our amazing
local officials, State legislators, and county commissioners, we were
able to reverse most of these closures and keep almost all of our parks
open under the control of our local governments.
Congressman Clyde and I also introduced the Lanier Parks Local Access
Act to cut red tape and allow local partners to efficiently allocate
budgetary resources properly across all campgrounds.
Nevertheless, the Army Corps of Engineers should never be able to
shut down our facilities without any accountability.
In today's day and age, where people are hooked on their cell phones
and electronics, it is more important than ever to protect our outdoors
so that our constituents can touch grass instead of a computer screen.
In short, citizens should never be denied access to the very parks
that they fund.
Mr. Chair, I reserve the balance of my time.
{time} 1710
Ms. KAPTUR. Mr. Chair, I rise in opposition to this amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chair, in rising in opposition to this amendment, I
do so because the amendment prohibits funds provided by this act from
being used to close campgrounds or parks operated by the Army Corps of
Engineers that are located at or around Lake Sidney Lanier in Georgia.
I can certainly understand the strong interest in preventing the
Corps from closing campgrounds and parks in any particular area and
certainly this one. The Corps is one of the Nation's leading Federal
providers of outdoor recreation. They do not provide it in my district,
though it would be nice if they did.
In this place, the Corps' recreation sites receive more than 260
million visits each year and include more than 400 lake and river
projects in 43 States. They have a very broad reach.
Unfortunately, the Corps of Engineers' recreation funding has
declined in recent years, and I support the notion that we do not want
the Corps to close recreation sites due to lack of funding.
However, this is an issue that affects hundreds of sites across
dozens of States. Then there are places like I represent where we don't
have any Corps sites but we would like one.
I don't believe we should begin the practice of using funding
prohibitions to carve out special designations but, instead, should
develop a comprehensive solution to address the challenge of funding
Corps recreation sites.
For this reason, at this moment I oppose the amendment. I look
forward to working with my colleagues to develop a solution to the
larger challenge at the Corps. The door is open if we can find other
sources of funding.
Mr. Chair, I yield back the balance of my time.
Mr. McCORMICK. Mr. Chair, in order to address my peers' concerns, I
will restate in the middle of this where I said specifically $8.7
billion in annual appropriations in 2025, which was $1.5 billion more
than they requested. This is not underfunded. This is not declining.
This is actually more than appropriate to keep those parks open.
They had a manning issue, which was brought on by themselves, by not
manning when they had the appropriate funds. Then when the President
put a limitation on that, we addressed that. It was opened up again. We
actually helped them recruit and staff. We actually opened up to local
governance, as well. It is not like we didn't provide multiple
solutions to keep those campgrounds open.
They also have objections to safety issues because of the inability
of safety vehicles getting to those places. Ironically, by limiting the
access, the traffic is more congested and is made more unsafe.
I happen to be a safety officer, trained in Monterey in the military,
to ensure these kinds of things were actually addressed. I want to make
sure they are not only funded but also very safe and manned
appropriately.
Mr. Chair, all those issues were actually taken into consideration. I
don't think this is a partisan issue at all. I definitely want to see
people have access to those very funded things. This actually produces
funds. This actually is a moneymaker for the government and is well-
funded and should be well-staffed.
There shouldn't be any objections to this from the standpoint of the
concerns that my colleague has. I think we did address those things
appropriately.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. McCormick).
The amendment was agreed to.
Amendment No. 23 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 23
printed in House Report 119-232.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to implement or enforce the final rule entitled
``Comprehensive Plan and Special Regulations With Respect to
High Volume Hydraulic Fracturing; Rules of Practice and
Procedure Regarding Project Review Classifications and Fees''
published by the Delaware River Basin Commission on April 21,
2021 (86 Fed. Reg. 20628).
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
[[Page H3812]]
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chair, this amendment prohibits the use of funds to
implement or enforce the Delaware River Basin Commission's rule to ban
hydraulic fracturing within the Delaware River Basin.
The best way to combat high energy prices is to produce more energy
in America and in places like my own Commonwealth of Pennsylvania, the
second largest natural gas producer in the Nation.
Unfortunately, unelected and unaccountable bureaucrats at the
Delaware River Basin Commission have instituted a hydraulic fracturing
ban for a portion of the State of the Commonwealth of Pennsylvania,
stripping away property and mineral rights from Pennsylvanians in
contravention of the will of the State's own legislature.
The result is a prohibition on the development of critical shale
plays in eastern Pennsylvania that can bring desperately needed natural
gas to market and the unconstitutional taking of the mineral rights of
Pennsylvanians, all while keeping prices high.
To be clear, this amendment simply prohibits the Delaware River Basin
Commission from implementing or enforcing its hydraulic fracturing ban
but does not impact the ability of the States in the Delaware River
Basin Commission to regulate hydraulic fracturing as they see fit.
During previous debates on this issue, mistruths were spread about
the impact of this policy change on the water reservoirs that serve New
York City. These claims are false and easily disproven by the facts.
The safety of hydraulic fracturing has been demonstrated through its
extensive use across the Commonwealth of Pennsylvania and across the
country for decades now.
The Obama-era EPA determined that the practice did not pose a threat
to drinking water.
Simple geography and hydrology make this outcome an impossibility.
All of New York City reservoirs are upriver from Pennsylvania or on the
Hudson River, which does not connect to Pennsylvania, precluding any
impact in Pennsylvania from reaching these reservoirs.
Mr. Chair, the intention of this amendment and its primary impact
will be unleashing Pennsylvania's full energy potential by allowing
Pennsylvanians in the river basin to use their property and mineral
rights as they see fit as free Americans, subject to the laws passed by
their elected Representatives.
It is time to stop this underhanded attack on property rights,
representative government, and State sovereignty and restore American
security. Opposition to this amendment is support for the hydraulic
fracturing ban and for higher energy, in particular, natural gas prices
for our constituents.
Mr. Chair, I urge passage of this amendment, and I reserve the
balance of my time.
Ms. KAPTUR. Mr. Chair, I rise in opposition to this amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chair, I rise in opposition because this amendment,
as I understand it, creates a funding prohibition related to the
Delaware River Basin Commission.
The Delaware River Basin Commission is a Federal interstate compact
agency charged with managing the water resources of the Delaware River
Basin on a regional basis without regard to political boundaries.
As established by law through the Delaware River Basin Compact that
went into effect in 1961, which is a half century ago, the Commission
consists of the Army Corps of Engineers and the four basin State
Governors. Those States include Delaware, New Jersey, Pennsylvania, and
New York. Each is a significant place in the union.
The Corps of Engineers and these States work as equal partners for
planning, development, and regulatory action for the river basin. Given
the Commission's statutory mission, it analyzed the risks to water
resources posed by high-volume hydraulic fracturing and horizontal
drilling techniques.
We know something about this in Ohio; that is for sure.
Through a public rulemaking process, the Commission developed
regulations related to high-volume hydraulic fracturing within the
Delaware River Basin.
As a reminder, the Commission consists of the Governors of the four
basin States--Delaware, New Jersey, Pennsylvania, and New York--and the
North Atlantic Division commander of the U.S. Army Corps of Engineers.
{time} 1720
It does not strike me as the proper role for Congress, particularly
through an appropriations rider, to overrun or overrule regional and
local governments on this matter.
While the commission's work could be further discussed, I am also
concerned that this implicates funding provided to the Delaware River
Basin Commission as community project funding on behalf of a Member of
this body.
For those reasons, Mr. Chair, I urge my colleagues to think about all
this. I will be voting against this amendment, but I think there is a
little more homework that has to be done on this one.
Mr. Chair, I yield back the balance of my time.
Mr. PERRY. Mr. Chairman, I have done my homework for years now, and
it is the same song every time because nothing changes. While I agree
with the gentlewoman from Ohio--she does know something about this and,
of course, it is allowed in Ohio, but she said that it is not
appropriate to overrule regional and local governments, but that is
exactly what the DRBC does. It overrules regional and local government.
By the way, it overrules the Commonwealth Government. While the
Governor has a say, there are four other voting members who can
overrule that Governor. Quite honestly, what we don't need is somebody
from another State telling us how to run our business.
There is no political accountability. We don't vote for people in
Delaware, New Jersey, and New York. They are wonderful people, and we
appreciate them, but our job is to represent Pennsylvania. That is what
I am doing. Pennsylvanians want to have access to their land and to
their mineral rights, and they should have it, not unelected and
unaccountable bureaucrats.
Mr. Chair, I urge passage, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. FITZPATRICK. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 24 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 24
printed in House Report 119-232.
Mr. PERRY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used for the Delaware River Basin Commission.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, this amendment eliminates earmarked funding
for the Delaware River Basin Commission.
Unfortunately, this bill includes an earmark providing nearly three-
quarters of a million dollars to the Delaware River Basin Commission,
marking just the third time the Federal Government has provided the
DRBC funding since 1998.
The unelected, unaccountable bureaucrats at the DRBC have
unilaterally instituted a hydraulic fracturing
[[Page H3813]]
ban for a portion of the Commonwealth of Pennsylvania, stripping away
property and mineral rights from Pennsylvanians in direct contravention
of the will of the Pennsylvania Commonwealth's legislature.
The result is a prohibition on the development of critical shale
plays in eastern Pennsylvania that can bring desperately needed natural
gas to the market and the unconstitutional taking of the mineral rights
of American citizens.
This attack on Pennsylvania energy and American energy is at a time
when residential natural gas prices are near record highs, and my
friends on the other side of the aisle literally run ads saying that I
increase their energy prices while they do it every single day and they
are just about ready to do it again.
It creates significant inflation for my constituents and the
constituents of the Commonwealth of Pennsylvania, and it empowers our
enemies abroad.
The earmark in this bill rewards the radical commissioners with money
from the very taxpayers and ratepayers the DRBC is attacking.
Providing funds to such an out-of-control, radical commission is a
step in the wrong direction that incentivizes others to follow its
lead, and it keeps our energy costs high.
This amendment would prohibit Federal funding for the DRBC, ensuring
that we do not further incentivize this commission to attack American
energy and the rights of Pennsylvania's citizens.
Mr. Chair, I urge my colleagues to support the amendment, and I
reserve the balance of my time.
Ms. KAPTUR. Mr. Chairman, I rise in strong opposition to this
amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chair, as I am listening to this debate, and I
haven't studied the maps completely, it sounds like Pennsylvania's
effluent flows into points east of Pennsylvania.
Is that correct, Congressman?
Mr. PERRY. Will the gentlewoman yield?
Ms. KAPTUR. I yield to the gentleman from Pennsylvania.
Mr. PERRY. That is correct.
Ms. KAPTUR. We understand this challenge from Ohio, Michigan, and
Indiana. We have our own tristate issues there.
This amendment prohibits funding for the Delaware River Basin
Commission. It is hard to oppose the gentleman from Pennsylvania, but
established by law through the Delaware River Basin Compact that went
into effect in 1961, the commission consists of the Army Corps of
Engineers and the four basin State Governors. Those States include
Delaware, New Jersey, Pennsylvania, and New York.
I guess any State could disagree, but the purpose of a commission is
to try to get people to work together.
The effluent that is flowing from Pennsylvania into New Jersey may
have to be tested for its content.
I don't really know, but the Corps of Engineers in these States work
as equal partners for planning, development, and regulatory actions for
the river basin.
While the commission's work could be further discussed, my strongest
reason for opposition to this amendment is that the underlying bill
provides $715,000 to the Delaware River Basin Commission as community
project funding on behalf of a Member of this body.
The community project funding process allows Members of Congress to
request funding for their community to meet urgent needs that they
identify, and there is a rigorous process for the vetting and inclusion
of community project funding including strict transparency and
accountability rules.
I am a little surprised that one Member would target another Member's
community project funding through an amendment on the floor.
Mr. Chair, I strongly urge my colleagues to work together and to vote
against this amendment, and I yield back the balance of my time.
Mr. PERRY. Mr. Chairman, the community funding process, just
understand if you are not familiar with congressional jargon, that
equals earmark. That is three-quarters of a million dollars to this
organization that heretofore hasn't needed the money because they
extort members of the States that they exist in all kinds of fees,
applications, and licensing agreements from townships and other
municipalities for private individuals. That is how they are paid for.
Yet now we are going to pay three-quarters of a million dollars from
the Federal Government when we are $37 trillion in debt.
While I am happy to agree that we should test the effluent, I am good
with that, but apparently we don't care about the effluent from Ohio to
Pennsylvania or from Pennsylvania to Ohio where we conduct the same
activity. Oh, by the way, there have been no cases of any issue where
hydraulic fracturing caused some effluent issue that I know of or that
I imagine my counterpart on the other side of the aisle can speak to.
As a matter of fact, I said that the Obama-era EPA said that it was
completely safe.
While I agree that we should do those things, and if there is a
problem we absolutely have to get after it, but we are just throwing
money at this thing when there is no evidence that there is a problem.
There is zero evidence that there is a problem, number one, and there
is zero evidence that they need any of this money, but there is $37
trillion of evidence that we don't have the money to pay for it.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. FITZPATRICK. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 25 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 25
printed in House Report 119-232.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 33, line 12, after the dollar amount, insert
``(reduced by $350,000,000)''.
Page 74, line 5, after the dollar amount, insert
``(increased by $350,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, this amendment would eliminate funding for
the Advanced Research Projects Agency-Energy, or ARPA-E, program.
Modeled after the Defense Advanced Research Projects Agency, known as
DARPA, the agency funds research and development of advanced energy
technologies.
It sounds like a noble goal.
Despite a purported goal to identify and promote revolutionary
advances in energy, the agency is more focused on misguided,
ineffective climate and so-called green priorities.
For years, ARPA-E has drifted from its mission and provided grants to
companies and projects that are neither high risk nor something that
the private sector cannot and does not support.
Among recent awards, ARPA-E has supported the Net-Zero Game Changers
Initiative, which is subsidizing climate-warming refrigerants and
Jetsons-style electrification of aviation.
With all due respect, as a member of the Transportation Committee, if
they want to electrify aviation, God bless them. Let them and the
Wright brothers from the gentlewoman's great State of Ohio invest. It
is always better when the private sector invests. It is always more
efficient, and the outcomes are always better.
{time} 1730
The Trump administration has also called for the elimination of this
program, and rightly so, recognizing the private sector's primary role
in taking risks to commercialize breakthrough energy technologies with
actual, real market potential, not made-up ones by the good idea fairy
from the Federal Government.
[[Page H3814]]
Mr. Chair, I reserve the balance of my time.
Mr. FLEISCHMANN. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Tennessee is recognized for 5
minutes.
Mr. FLEISCHMANN. Mr. Chair, my colleague's amendment would eliminate
the Advanced Research Projects Agency, or ARPA-E.
ARPA-E's mission is to fund projects that are not yet addressed in
the private sector but can bring about a transformational shift in
current energy technologies.
Nearly 75 percent of ARPA-E awards go to small businesses and
academia. ARPA-E projects have led to over 1,200 patents being issued
and have attracted more than $14 billion in followup funding from the
private sector. I have actually witnessed this with many companies, Mr.
Chair, and this has been a very successful program.
Perhaps to ease my colleague's concerns and his great desire to
reduce funding, the bill already includes a 24 percent reduction from
fiscal year 2025 to ARPA-E funding. Therefore, I must respectfully
oppose the amendment, and I urge my colleagues to do the same.
Mr. Chair, I reserve the balance of my time.
Mr. PERRY. Mr. Chair, I certainly appreciate the chairman's view. I
think his view is actually the same as mine, recognizing that it has
already had a 24 percent reduction. Quite honestly, that is great that
it has produced all of these patents, but wouldn't it be better if the
private sector produced those patents? Right now, the American taxpayer
is paying for those patents, but you know who is not getting any of the
money, the royalties, or the licensing for those patents? The very
taxpayers who pay the bill.
Again, I get that many see this as a great jobs program, and it
provides a lot of great things for America, but those things should be
provided by the private sector because we simply cannot afford to pay
for all of this stuff. Something has to give.
The private sector wants to make money. It wants to get patents. It
wants to license things. Good for them. They should do it. The American
taxpayer doesn't want to pay for it. If they are paying for it, where
is the return on the investment?
Mr. Chair, I yield back the balance of my time.
Mr. FLEISCHMANN. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. FLEISCHMANN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 26 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 26
printed in House Report 119-232.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 37, line 9, after the dollar amount, insert ``(reduced
by $13,000,000)''.
Page 74, line 5, after the dollar amount, insert
``(increased by $13,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chair, this amendment eliminates funding for the
Advanced Technology Vehicle Manufacturing Loan Program and transfers
that savings to spending reduction. This is another wasteful, so-called
green energy handout program that should be and must be eliminated.
The ATVM Loan Program has been plagued by a failure to produce viable
products, political favoritism, inefficient use of taxpayer funds, a
failure to create promised jobs, and a significant potential for fraud
and misrepresentation.
Unfortunately, this is to be expected from this kind of program. The
very nature of the program ensures that it will be the government
selecting winners and losers based on political considerations, as
opposed to actual marketable technologies.
Instead, we can and must empower the market to provide consumers with
products they actually want rather than forcing them to adapt to
whatever technology the bureaucrats and good idea fairies in
Washington, D.C., think they want or demand that they want.
Despite the massive amount of subsidies provided through this program
and others to electric vehicles, it is clear that the majority of the
American people do not want them.
The government-funded EV bubble appears to be deflating. The truth
is, 98 percent of all cars on the road today are gas-powered, and 97
percent of all annual car purchases are gas-powered.
I am not against EVs. If you want to buy one, God bless you, go buy
one. It is just that the Federal Government should not be involved in
it. What is the proper role of the Federal Government in buying your
car? I submit it is not the proper role.
Despite literally paying folks to produce and buy these cars, overall
market penetration has been minimal, sales are slowing, and consumer
sentiment is moving away from EVs.
According to McKinsey & Company, the place where the last Secretary
of Transportation worked, 46 percent of current battery electric
vehicle owners are likely going back to internal combustion engine
vehicles for their next purchase.
Consumer Reports found EVs to be associated with 79 percent more
problems than conventional vehicles. It is absolutely clear that this
program has failed, and we need to stop the forcing of Americans to
transition to EVs, even though we think that they should and they don't
want to.
It is long past time to finally bring an end to the green new scam
and defund this misguided program, as well as all the other DOE loan
programs that pick winners and losers based on politics rather than
markets.
Mr. Chair, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chair, I claim the time in opposition to this
amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chair, I say to the fine gentleman from Pennsylvania
that I drive a conventionally powered car. I put gasoline in my car. I
don't have a favorite. I had a brother who was a race car driver, so he
tried everything.
This amendment, though, would strike all funding provided in our bill
to oversee and administer the Advanced Technology Vehicles
Manufacturing program, ATVM for short.
All I have to say is that we need lots of hands on deck in inventing
the new overground transportation systems for this country because,
globally, we are falling behind, and the companies know it.
This program is currently responsible for carefully vetting and
conducting oversight of more than $30 billion in loans that are either
active or have conditional commitments. There are ATVM loan projects
across the country, across industrial America--my colleague and I share
that, both bounty and struggle--in Ohio, Kentucky, Tennessee, Georgia,
New York, Michigan, and Indiana. These are projects that support the
production of advanced vehicles, vehicle components, and critical
minerals.
I am actually fast at the task of building a Toledo car because I
don't want all of those gizmos they put on the cars today. You are
forced to buy it when you go in, but you don't want it. Then, if it
breaks, it costs $500 or more to get it fixed. People don't want all of
that stuff. If they want the stuff, let them select it.
However, the ATVM program is projected to add almost 40,000 jobs
nationwide, and we need it. Today, we are faced with an amendment to
undercut those investments and jobs across our country.
Even for those who do not support the critical work of this program,
eliminating this funding is truly cutting off our nose to spite our
face.
Mr. Chair, if you want to increase fraud or hinder the ability of the
Federal Government to interact with private business quickly and
efficiently,
[[Page H3815]]
then, by all means, vote for this amendment. I, however, will vote
against it because we must continue to invest in the manufacturing
expertise of this country. I underline ``manufacturing,'' not
``copying.'' I mean building, creating, innovating. I want to make sure
we do so as efficiently and responsibly as possible.
Without the necessary support to advance and oversee these
investments, we risk our national security by letting our international
competitors, China in particular, outpace our efforts at home.
I urge my colleagues to vote against this misguided amendment.
I have staff members who drive hybrids. They like those. I don't like
the particular hybrid one of them drives because it is too close to the
ground and you feel the road too much.
{time} 1740
We all have opinions based on what size we are and how we can see out
the windows and all, but I really do think that anything that has to do
with advanced technology vehicle manufacturing is something I do not
want to displace in the array of options that we have as a country.
There is too much at stake here.
We have just seen the rebirth of the steel industry and are fighting
for that every day. I was just up at the Soo Locks in Michigan looking
at our ability to move steel and other material from Duluth all the way
down through the seaway and then out to the world. We are working very
hard on reinvesting in manufacturing America.
Madam Chair, I would not at all support the elimination of this
program or the cutting short of this program at a time when America
really needs it. So much of our componentry has been shipped offshore
because they pay cheap wages. They pay penny wages, and they can move
componentry.
Madam Chair, I had something happen to my car, and they took out the
part. Sure enough, a foreign part failed. I could have been killed. You
look at this, and I thought: I know this wasn't made in our country.
Where was it made? You can guess.
We have to restore American manufacturing. I think that this is one
way that we can do it.
We also have to invent new fuels. We, in our region, flew the first
biofueled F-16 aircraft in this country. It didn't crash. They loved
it. We are inventing the new fuels of the future, biofuels.
Half of the corn and soy in my region goes into fuels. It is a good
thing it does because we have lost our agricultural markets to Brazil
and Argentina selling to China, so our farmers aren't exporting into
China anymore because of what is happening globally in the marketplace.
For manufacturing America, I oppose the amendment because I want
invention here. I want manufacturing here.
Madam Chair, I yield back the balance of my time.
Mr. PERRY. Madam Chair, may I inquire as to how much time is
remaining.
The Acting CHAIR (Mrs. Miller of West Virginia). The gentleman from
Pennsylvania has 2\1/2\ minutes remaining.
Mr. PERRY. Madam Chair, the gentlewoman from Ohio and I certainly
agree that we shouldn't be forced to buy things for vehicles that we
don't want. They are heavier. They are more technologically sensitive.
I mean, you are essentially driving a computer around. Like the
gentlewoman said, when it breaks, you are paying through the teeth for
the whole thing. We certainly agree on that.
Yet, Madam Chair, that is all being forced on us by Washington, D.C.
It comes out of this town. That requirement and those mandates come
from this town.
To the 40,000 jobs that this supports, Americans are great at
building cars. I don't care whether you drive a hybrid, an electric
vehicle, or a traditionally powered vehicle, including diesel. That
should be your business. Yet, this picks the winner and says: You are
going to drive an electric vehicle, subsidizes it, subsidizes the
manufacture of it, and then subsidizes the purchase of it.
Madam Chair, no one is subsidizing the purchase of my vehicle. It has
340,000 miles on it.
Even Elon--I talked to him, once a darling of the left, now much
supported by the right--agrees that there should be no subsidies for
these vehicles. He doesn't want subsidies on anything, and I agree with
him on that.
As far as being in competition with China, unfortunately, China
provides the vast majority of what makes these vehicles work. We are
buying this stuff from our enemies. Let's buy it from Americans and let
Americans determine what they want. What they have said is that they
don't want EVs forced down their throats.
If they want to buy one, they can buy one. If they don't, then they
can buy whatever they want. I am just saying that the government
shouldn't be involved in paying for it. It is not fair to people who
don't buy them and have to pay for them anyhow.
Madam Chair, I urge adoption, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. KAPTUR. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 27 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 27
printed in House Report 119-232.
Mr. PERRY. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 33, line 24, after the dollar amount, insert
``(reduced by $35,000,000)''.
Page 74, line 5, after the dollar amount, insert
``(increased by $35,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Madam Chair, Federal loan guarantee programs transfer the
risk of the loans to the taxpayer, pure and simple. As with any
government subsidy, they reduce market discipline of loan recipients.
You are not worried if you are getting a loan because the taxpayers are
going to pay it. You don't care whether you produce anything or not.
The checkered past of the DOE's loan guarantee program demonstrates
that it is not immune from these concerns. Among the most egregious
examples of title 17 loan failures are Solyndra, Fisker Automotive, and
A123 Systems. All three entities received hundreds of millions of
dollars in loan guarantees, paid for by the taxpayer, before filing for
bankruptcy and leaving the taxpayer holding the bag and getting nothing
for it.
To add insult to injury, A123 Systems and Fisker Automotive were
purchased by Chinese companies for pennies on the dollar. The taxpayers
paid, and China was enriched, meaning the CCP was the ultimate
beneficiary.
Madam Chair, this is crazy that we are even talking about this. What
government supports another government that says that they are your
enemy or that you are their enemy? China has said that we are their
enemy. Yet, we are selling them, at pennies on the dollar, these
taxpayer subsidized failures. It is outrageous.
Madam Chair, the so-called Inflation Reduction Act provides for
approximately $11.7 billion for the Loan Program Office to issue new
loans. This additional funding raises significant concerns that the
program will, once again, be used as a piggy bank for energy sources
and vehicles that the American people don't want and that drive up
costs to consumers.
People will ask why everything costs so much. It is because we are
subsidizing it. When you are guaranteeing the loan and the loan fails
and you are on the hook for it, the American taxpayer doesn't know that
they cosigned these loans, but they did.
Like I said, to add insult to injury, then China gets the place. It
is unbelievable that we should even have this conversation, but we do.
Madam Chair, I urge adoption, and I reserve the balance of my time.
Mr. FLEISCHMANN. Madam Chair, I rise in opposition to the amendment.
[[Page H3816]]
The Acting CHAIR. The gentleman from Tennessee is recognized for 5
minutes.
Mr. FLEISCHMANN. Madam Chair, this amendment would effectively
eliminate the administrative expenses for the loan guarantee program.
That would do two things: First, it would prevent any new loans for
nuclear projects. Second, it would remove the Department's ability--
this is very important--to conduct oversight for the existing loan
portfolio. That is moneys that have already been loaned.
As the Chair may know and my colleagues on both sides of the aisle
know, I am a champion for nuclear energy in this great Nation of ours,
and I am so proud of the way that we are moving forward. This program
is so critically important to the development of our new nuclear
technologies.
The administration is counting on the Department's loan programs to
revitalize the nuclear industry and deliver advanced reactors to the
electric grid for years to come.
Nuclear energy represents our best option to meet our energy demands
for the future in a safe, efficient, and cost-effective way. This loan
program will be an important part of that strategy.
In addition, eliminating the loan program's administrative expenses
would jeopardize the government's ability, again, to receive loan
payments and ensure the financial health of the existing portfolio. We
must ensure proper oversight of taxpayer funding.
Madam Chair, for these reasons, I must respectfully oppose the
amendment, and I reserve the balance of my time.
Mr. PERRY. Madam Chair, I certainly respect the chairman of the
committee and his views, and I say this: Next year, when I offer this
amendment, I will leave some room in there for administrative purposes
to oversee the loans that are already out there. That is a fair
argument.
Yet, I would say this, too: I am the proud Representative of Three
Mile Island, which is going to be reopened without any government
assistance. It is privately owned. They made a deal with Microsoft,
which just proves the point.
The American taxpayer already pays the rates for electricity. They
are already paying the investors for the investment in nuclear, and I
am a great supporter of nuclear. I just don't think it should be the
position of the Federal Government to take money out of people's
pockets to pay for these things.
{time} 1750
Madam Chair, maybe you live in an area where you are not serviced by
nuclear power. Maybe you live in south central Pennsylvania where Three
Mile Island is going to reopen, but all the money and all the power is
going to go to Microsoft. Why should the consumer pay for that?
I am sorry. We have figured out how to do nuclear power and do it
well in the United States of America. Quite honestly, probably one of
the only times it is screwed up is when the Federal Government gets
involved with it. I understand the chairman's position and I appreciate
it.
Madam Chair, I still urge adoption of the amendment, and I yield back
the balance of my time.
Mr. FLEISCHMANN. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. FLEISCHMANN. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 28 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 28
printed in House Report 119-232.
Mr. PERRY. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 62, line 20, after the dollar amount, insert
``(reduced by $13,319,727)''.
Page 74, line 5, after the dollar amount, insert
``(increased by $13,319,727)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Madam Chair, I rise to offer this amendment to reduce
funding for the Northern Border Regional Commission, or the NBRC, to
fiscal year 2019 levels.
We are changing up here a little bit. We are looking for ways to
reduce spending so the American people can keep their money, so we
don't have to go further into debt. This is just another unnecessary,
redundant program. Like the other regional commissions, the NBRC
provides economic development assistance to projects in various States,
in this case, Maine, New Hampshire, New York, and Vermont.
These commissions simply serve as a slush fund for parochial and
regional projects with little to no national nexus. There is no Federal
connection to these things.
Let's take a look at some of the funded programs taken from the 2022
annual report, which is the latest one available: $304,000 to purchase
a sound system for an auditorium in New Hampshire, over $350,000 to
expand rail yard capacity in upstate New York, another $350,000 for a
sailing center on Lake Champlain.
Madam Chair, these projects are probably awesome. They are probably
all great. Some of them ought to be funded by private investments and
others should be funded by States or localities. Instead of pandering
to special interest groups, we must pare back these wasteful programs
that only serve as a boondoggle for a limited slice of Americans.
The sailing center on Lake Champlain sounds awesome, but most south
central Pennsylvanians aren't going there, but they are paying for it.
They get to pay.
Let's be clear: This amendment does not zero out the commission's
funding. It simply reduces the funding to pre-pandemic, pre-Biden
spending levels.
I think most people agree we are spending too much money. Let's start
there and see how we can do better.
Madam Chair, I urge adoption, and I reserve the balance of my time.
Ms. KAPTUR. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Madam Chair, the gentleman's amendment reduces funding
for the Northern Border Regional Commission by $13 million.
The Northern Border Regional Commission is a Federal-State
partnership focused on economic and community development within the
most distressed counties in Maine, New Hampshire, Vermont, and New
York.
Except for New York--but New York in the north is different than New
York in the south--many of these States don't have very many Members of
Congress.
When you look at Vermont, I actually have more citizens in my
district than the State of Vermont does in its entirety. The Northern
Border Commission really does focus on places that often get ignored
simply because those States don't have enough people in them to warrant
the kind of attention maybe Pennsylvania gets because of its number of
people, or California.
The NBRC was created by Congress in 2008 to provide infrastructure
and economic development assistance to projects in counties that had
varying degrees of economic and demographic distress. These investments
lead to new jobs being created.
I have seen what it has done, for instance, in the Appalachian
Regional Commission. It has taken a while, but I think many of our
colleagues on the other side of the aisle from these States, where
these commissions function, will agree and say it is the first time
that kind of help has come in creating new businesses and trying to
create roads that didn't exist and try to promote economic development
in really some of the forgotten corners of America.
It is critical to support the rise of all Americans to become part of
a thriving middle class. In some parts of the country, it is more
difficult than others.
I can guarantee where there has been deindustrialization because of
the outsourcing of production, there ought to
[[Page H3817]]
be a whole separate set of activities that occur in those areas of the
country, whether it is Kenosha, Wisconsin, whether it is Toledo, Ohio,
or Flint, Michigan. One of the reasons the public is so unstable
politically is because they are looking for an answer and neither party
has been able to fully accommodate the needs of those places.
I think we are becoming more sensitive to it, and these commissions
provide us a very important means to do it.
Madam Chair, I oppose the gentleman's amendment. Actually, I think
part of Pennsylvania, is it not covered by the Appalachian Regional
Commission? Will the gentleman yield?
Mr. PERRY. I will get to that one later.
Ms. KAPTUR. I just think that when you look at some of the money that
goes out to different places in the country, Pennsylvania hits higher
than Ohio does actually. For us, the Appalachian Regional Commission in
southern Ohio has been just terribly important.
Has it been the most important vehicle for restoring what was lost or
trying to convert to other economic activities? No. Are we crawling
forward? Yes. At least we are not falling behind even more.
Madam Chair, I thank the gentleman for offering this amendment, but I
have to oppose it.
Madam Chair, I yield back the balance of my time.
Mr. PERRY. Madam Chair, I certainly appreciate the gentlewoman's
arguments. I just say that there is a guy named ``Friedman'' who was
traveling overseas. He came upon a public works project. Everybody was
down in the ditch with shovels digging--many men digging with shovels,
and he said to the person running the thing: What is with all of the
shovels? Why don't you buy them some equipment so they can get this
work done faster? The guy said: This produces a lot of jobs.
Mr. Friedman said: Why don't you give them all teaspoons instead and
you can have even more jobs, or at least the job can last longer.
Of course, throwing money around produces jobs. As far as it being
infrastructure, a sound system for an auditorium, while it is
infrastructure, I don't think--many people think of infrastructure as
roads, bridges, airports, ports, things like that, not a sound system
or a sailing center. Those are nice things to have, but those are
parochial. Those are local interests that should be provided at least
by the State, not the people in the Federal Government. We have lost
sight of the role of the Federal Government, which is why this
amendment is in order.
Mr. Chair, I urge adoption, and I yield back the balance of my time.
The Acting CHAIR (Mr. Rogers of Alabama). The question is on the
amendment offered by the gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. KAPTUR. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 29 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 29
printed in House Report 119-232.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 63, line 9, after the dollar amount, insert ``(reduced
by $2,063,381)''.
Page 74, line 5, after the dollar amount, insert
``(increased by $2,063,381)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
{time} 1800
Mr. PERRY. Mr. Chairman, I rise to offer this amendment to halve the
funding for the Southwest Border Regional Commission, again trying to
save some money by not spending money on redundant things.
Yet again, this commission serves as a duplicative slush fund for
parochial interests, this time for projects in the southern border
regions of Arizona, California, New Mexico, and Texas.
This commission only had its first chairman confirmed in 2022 and was
only funded starting in fiscal year 2021, so it is relatively recent.
Look, I know folks on this side of the aisle care about the border. I
imagine and hope that folks on the other side of the aisle care about
the border. However, the answer to solving the border problems is to
actually enforce our Nation's immigration laws, not to give $4 million
to a commission that does not even appear to have an operational
website.
By the way, this current administration, the Trump administration, is
handling the border, so we don't need to waste another $4 million on
this commission.
The commission received $250,000 in FY21 but is now being funded at
$4 million in this bill for zero results.
Can anybody show or tell me what the results of this commission are?
Again, this amendment simply strikes this figure in half, so even
though it is wasteful and useless generally speaking, I am only taking
away half, which is still $2 million.
I don't care whether you are from Ohio or south central Pennsylvania,
$2 million is a lot of money.
Mr. Chair, I urge support of the amendment, and I reserve the balance
of my time.
Ms. KAPTUR. Mr. Chair, I rise in opposition to this amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chairman, this amendment reduces funding for the
Southwest Border Regional Commission by $2 million.
The Southwest Border Regional Commission was established by Congress
in 2008 to address economic distress along the southern border regions
of some pretty important places--Arizona, California, New Mexico, and
Texas. In December 2022, the Senate confirmed the first Federal co-
chair for the commission.
Think about the delay in the co-chair--that took a large number of
years--which enables the commission to convene and begin other
activities. I would place the burden there on the executive branch for
waiting such a long time to nominate someone and on the Senate to
actually clear the name.
These investments lead to new jobs being created, and many of these
places have very small towns that don't even have parking lots in their
little bakeries or their restaurants. It is critical to support the
rise of all Americans to become part of a thriving middle class,
especially in the forgotten towns and regions of our country.
I strongly urge my colleagues to vote against this amendment on
behalf of people who are trying to better their way of life, against
all odds.
Mr. Chairman, I yield back the balance of my time.
Mr. PERRY. Mr. Chairman, of course, all these States--Arizona,
California, New Mexico, and Texas--are on the border. If we are funding
this organization to deal with the border, I don't know what to say
other than it is duplicative. If you disagree with that, I am not sure
what to say to anybody about that.
I have been to each one of these States, and of course, people who
own a bakery want a parking lot. I had a business, too, and I wanted
trucks and employees, and I needed tools. Do you know what I didn't do?
I didn't go to the Federal Government for that. I sucked it up and paid
into my business from the money that I made conducting my business, and
I grew my business. That is America, not calling on the Federal
Government to send a couple of million dollars because I want to make
things nice for myself. We get it. We hope all Americans can do great
things and make it nice for themselves.
Our government is out of money. It is broke, $37 trillion and
climbing. We don't have any money. All this is borrowed money, Mr.
Chairman. Every cent of it is borrowed. Who borrows money to do things
they don't need to do that somebody else in the government is already
doing?
Mr. Chairman, I urge adoption of my amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
[[Page H3818]]
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. KAPTUR. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 30 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 30
printed in House Report 119-232.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 63, line 4, after the dollar amount, insert ``(reduced
by $16,003,526)''.
Page 74, line 5, after the dollar amount, insert
``(increased by $16,003,526)''.
The Acting CHAIR. Pursuant to House Resolution 672, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, I offer this amendment to reduce funding for
the Southeast Crescent Regional Commission, the SCRC, to fiscal year
2019, so not zeroing it out, just taking it back to prepandemic levels,
so we can try to afford some of the stuff that we are borrowing money,
again, to pay for.
Again, this commission serves as a duplicative slush fund for
parochial interests. People say: Where does all of my tax money go?
Here is another example. This time, it is for projects in Alabama,
Florida, Georgia, Mississippi, North Carolina, South Carolina, and
Virginia.
Again, many of these projects are worthy. The question is, should the
Federal Government be paying for them, especially when the Federal
Government doesn't have any money? The commission operates duplicative
programs that are better addressed at the State and local levels.
From 2010 to 2020, the SCRC received $250,000 annually, all without
having an appointed Federal co-chair. Just think about that. I know
$250,000 is nothing around this place, but there was nobody at the
wheel that whole time. That number has now ballooned to a whopping
$16.25 million in this bill.
There is absolutely no reason for that dramatic increase in funding,
especially when funding projects with no national nexus, like electric
vehicle charging stations, stormwater management, and green
infrastructure, according to their own 2023-2027 strategic plan.
There is a charging station down the street from me. The owner of the
place put it in. He probably got money from the Federal Government.
That is probably why he did it. He probably wouldn't have done it on
his own. I have to pay for it. How is it fair to me? I don't own an
electric vehicle. A lot of people don't own one, yet we are paying for
this one.
Our constituents simply do not have the money for these projects that
have no impact on their lives because they don't live there. In many
cases, it drives up inflationary spending, which is the $37 trillion I
keep referencing.
Every time we borrow money here, it makes everybody else's prices go
up. We have to quit borrowing it, especially to pay for things that we
can't afford, don't need, and somebody else is already doing.
Mr. Chairman, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chairman, this amendment reduces funding for the
Southeast Crescent Regional Commission by $16 million, a commission
that was established in 2008, but unfortunately, the Governors of the
respective States did not appoint those who were to manage the
Southeast Crescent Regional Commission until just a couple of years
ago, so there was no way that it could get off the ground.
If you have traveled in that region of America, you would come back a
different person, so I urge you to do that.
The Southeast Crescent Regional Commission's mission is to build
sustainable communities and strengthen economic growth across the
Southeast region, including places in Alabama, Florida, Georgia,
Mississippi, North Carolina, South Carolina, and Virginia. The
Southeast Crescent Regional Commission invests in the region's economic
future through a grant program, publishing research related to the
region, and income-producing learning experiences.
Many people there have never started a business, but they want to.
You must have had a good father or mother to help you get into
business--I don't know--but it is important that opportunity be seeded
in all parts of our country to help communities seize opportunity,
address economic disparity, and advance prosperity. It is critical to
support the rise of all Americans to become part of a thriving middle
class, where possible.
Mr. Chair, I also wanted to mention the gentleman voted for the big
billionaire bonanza bill that added $4 trillion to the U.S. debt.
Mr. Chair, I strongly urge my colleagues to vote against this
amendment, and I yield back the balance of my time.
Mr. PERRY. Mr. Chair, I certainly thank the gentlewoman for her
viewpoints and comments. I have lived in Florida and Georgia--they are
wonderful States--and traveled through all the rest.
I have an awesome mother who helped me in that business and was a
part of it. I don't know my father. That is American ingenuity. That is
striving even against all odds, like the government, your taxes, your
insurance, your payroll, your receivables. We have done it, and we did
it without the help of the Federal Government. Many people want to do
it. Some people get help from the Federal Government. It is unfair to
those who do not.
Mr. Chairman, I urge adoption, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. KAPTUR. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
{time} 1810
Mr. FLEISCHMANN. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Fleischmann) having assumed the chair, Mr. Rogers of Alabama, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 4553) making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2026, and for
other purposes, had come to no resolution thereon.
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