[House Report 115-697]
[From the U.S. Government Publishing Office]


115th Congress   }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {       115-697

======================================================================



 
         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS BILL, 2019

                                _______
                                

  May 21, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

          Mr. Simpson, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 5895]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for energy and water development for the fiscal 
year ending September 30, 2019, and for other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Introduction...............................................
                                                                      5
I. Department of Defense--Civil:                                2
                                                                     10
        Corps of Engineers--Civil..........................     2
                                                                     10
                Investigations.............................     2
                                                                     18
                Construction...............................     3
                                                                     23
                Mississippi River and Tributaries..........     4
                                                                     31
                Operation and Maintenance..................     5
                                                                     34
                Regulatory Program.........................     6
                                                                     58
                Formerly Utilized Sites Remedial Action 
                    Program................................     7
                                                                     59
                Flood Control and Coastal Emergencies......     7
                                                                     59
                Expenses...................................     7
                                                                     60
                Office of the Assistant Secretary of the 
                    Army (Civil Works).....................     8
                                                                     61
        General Provisions.................................     9
                                                                     61
II. Department of the Interior:                                13
                                                                     62
        Central Utah Project...............................    13
                                                                     62
                Central Utah Project Completion Account....    13
                                                                     62
        Bureau of Reclamation:                                 14
                                                                     62
                Water and Related Resources................    14
                                                                     64
                Central Valley Project Restoration Fund....    15
                                                                     75
                California Bay-Delta Restoration...........    16
                                                                     76
                Policy and Administration..................    16
                                                                     76
        General Provisions.................................    17
                                                                     77
III. Department of Energy:                                     21
                                                                     77
        Introduction.......................................
                                                                     77
        Committee Recommendations..........................
                                                                     82
        Energy Programs:                                       21
                                                                     82
                Energy Efficiency and Renewable Energy.....    21
                                                                     82
                Cybersecurity, Energy Security, and 
                    Emergency Response.....................    21
                                                                     88
                Electricity Delivery.......................    21
                                                                     89
                Nuclear Energy.............................    22
                                                                     91
                Fossil Energy Research and Development.....    23
                                                                     93
                Naval Petroleum and Oil Shale Reserves.....    24
                                                                     96
                Strategic Petroleum Reserve................    24
                                                                     96
                SPR Petroleum Account......................    25
                                                                     97
                Northeast Home Heating Oil Reserve.........    25
                                                                     97
                Energy Information Administration..........    25
                                                                     97
                Non-Defense Environmental Cleanup..........    25
                                                                     98
                Uranium Enrichment Decontamination and 
                    Decommissioning Fund...................    26
                                                                     98
                Science....................................    26
                                                                     98
                Nuclear Waste Disposal.....................    27
                                                                    102
                Advanced Research Projects Agency--Energy..    29
                                                                    103
                Title 17 Innovative Technology Loan 
                    Guarantee Program......................    30
                                                                    103
                Advanced Technology Vehicles Manufacturing 
                    Loan Program...........................    31
                                                                    104
                Tribal Energy Loan Guarantee Program.......    31
                                                                    104
                Departmental Administration................    31
                                                                    104
                Office of the Inspector General............    32
                                                                    106
        Atomic Energy Defense Activities:                      32
                                                                    106
        National Nuclear Security Administration:              32
                                                                    106
                Weapons Activities.........................    32
                                                                    107
                Defense Nuclear Nonproliferation...........    33
                                                                    113
                Naval Reactors.............................    33
                                                                    115
                Federal Salaries and Expenses..............    34
                                                                    116
        Environmental and Other Defense Activities.........    34
                                                                    116
                Defense Environmental Cleanup..............    34
                                                                    116
                Other Defense Activities...................    35
                                                                    119
                Defense Nuclear Waste Disposal.............    35
                                                                    119
        Power Marketing Administrations:                       36
                                                                    119
                Bonneville Power Administration............    36
                                                                    120
                Southeastern Power Administration..........    36
                                                                    121
                Southwestern Power Administration..........    36
                                                                    121
                Western Area Power Administration..........    39
                                                                    121
                Falcon and Amistad Operating and 
                    Maintenance Fund.......................    40
                                                                    122
        Federal Energy Regulatory Commission...............    42
                                                                    122
        Committee Recommendation...........................
                                                                    123
        General Provisions.................................    43
                                                                    158
IV. Independent Agencies:                                      51
                                                                    159
        Appalachian Regional Commission....................    51
                                                                    159
        Defense Nuclear Facilities Safety Board............    52
                                                                    159
        Delta Regional Authority...........................    52
                                                                    160
        Denali Commission..................................    52
                                                                    160
        Northern Border Regional Commission................    53
                                                                    160
        Southeast Crescent Regional Commission.............    54
                                                                    161
        Nuclear Regulatory Commission......................    55
                                                                    161
        Nuclear Waste Technical Review Board...............    56
                                                                    164
        General Provisions.................................    56
                                                                    164
V. General Provisions                                          58
                                                                    165
House of Representatives Report Requirements...............
                                                                    165
Minority Views.............................................
                                                                    195

                SUMMARY OF ESTIMATES AND RECOMMENDATIONS

    The Committee has considered budget estimates, which are 
contained in the Budget of the United States Government, Fiscal 
Year 2019. The following table summarizes appropriations for 
fiscal year 2018, the budget estimates, and amounts recommended 
in the bill for fiscal year 2019.


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                              INTRODUCTION

    The Energy and Water Development Appropriations bill for 
fiscal year 2019 totals $44,700,000,000, $1,500,000,000 above 
the amount appropriated in fiscal year 2018 and $8,173,568,000 
above the budget request. Total defense funding is 
$22,300,000,000, $500,000,000 above the amount appropriated in 
fiscal year 2018 and $408,100,000 above the budget request. 
Total non-defense funding is $22,400,000,000, $1,000,000,000 
above the amount appropriated in fiscal year 2018 and 
$7,765,468,000 above the budget request.
    Title I of the bill provides $7,278,000,000 for the Civil 
Works programs of the U.S. Army Corps of Engineers, 
$451,000,000 above fiscal year 2018 and $2,493,417,000 above 
the budget request. Total funding for activities eligible for 
reimbursement from the Harbor Maintenance Trust Fund is 
estimated at $1,600,000,000, which is an increase of 
$200,000,000 above fiscal year 2018 and $635,000,000 above the 
budget request. The bill makes use of all estimated annual 
revenues from the Inland Waterways Trust Fund.
    Title II provides $1,555,000,000 for the Department of the 
Interior and the Bureau of Reclamation, $75,000,000 above 
fiscal year 2018 and $497,992,000 above the budget request. The 
Committee recommends $1,540,000,000 for the Bureau of 
Reclamation, $70,500,000 above fiscal year 2018 and 
$492,975,000 above the budget request. The Committee recommends 
$15,000,000 for the Central Utah Project, $4,500,000 above 
fiscal year 2018 and $7,017,000 above the budget request.
    Title III provides $35,494,251,000 for the Department of 
Energy, $974,202,000 above fiscal year 2018 and $5,348,180,000 
above the budget request. Funding for the National Nuclear 
Security Administration (NNSA), which includes nuclear weapons 
activities, defense nuclear nonproliferation, naval reactors, 
and federal salaries and expenses, is $15,313,147,000, 
$644,195,000 above fiscal year 2018 and $222,097,000 above the 
budget request.
    Funding for energy programs within the Department of 
Energy, which includes basic science research and the applied 
energy programs, is $13,421,584,000, $503,535,000 above fiscal 
year 2018 and $4,909,080,000 above the budget request.
    Environmental management activities--non-defense 
environmental cleanup, uranium enrichment decontamination and 
decommissioning, and defense environmental cleanup--are funded 
at $6,869,220,000, $257,228,000 below fiscal year 2018 and 
$267,854,000 above the budget request.
    The net amount appropriated for the Power Marketing 
Administrations is provided at the requested levels.
    Title IV provides $423,757,000 for several Independent 
Agencies, $32,302,000 above fiscal year 2018 and $70,979,000 
above the budget request. Net funding for the Nuclear 
Regulatory Commission is $191,664,000, $60,059,000 above fiscal 
year 2018 and $36,379,000 above the budget request.

                     Overview of the Recommendation

    The Committee recommendation prioritizes the most critical 
inherently federal responsibilities of this bill: the national 
defense, the maintenance of our nation's waterways, and 
ensuring the resilience and security of our electricity 
infrastructure. Strong support is included for basic science 
programs, which provide the foundation for the new energy 
technologies that are vital to maintaining our global 
competitiveness and ensuring our country's long-term 
prosperity, but that are often too high-risk to receive the 
attention of the private sector. The recommendation provides 
targeted resources for applied energy research and development 
activities to improve and extend the performance of existing 
energy sources and accelerate the adoption of new technologies. 
The recommendation also recognizes the importance of the 
federal government's responsibility to dispose of nuclear waste 
and clean up the legacy of five decades of nuclear weapons 
production and government-sponsored nuclear energy research.

                       National Defense Programs

    As in previous years, the Committee considers the national 
defense programs run by the National Nuclear Security 
Administration (NNSA) to be the Department of Energy's top 
priority. The recommendation strongly supports the Department's 
proposals to modernize the nuclear weapons stockpile, increase 
investment in the NNSA's infrastructure, prevent the 
proliferation of nuclear materials, and provide for the needs 
of the naval nuclear propulsion program.

                     Investments in Infrastructure

    The water resource infrastructure funded by the 
recommendation is a critical component of ensuring a robust 
national economy and of supporting American competitiveness in 
international markets. The Corps is responsible for keeping our 
federal waterways open for business. The Corps also has been 
instrumental in reducing the risk of flooding for public 
safety, businesses, and much of this country's food-producing 
lands. The Bureau of Reclamation supplies reliable water to 
approximately ten percent of the country's population and to 
much of its fertile agricultural lands. Both agencies make 
significant contributions to national electricity production 
through hydropower facilities.
    The U.S. marine transportation industry supports 
$2,000,000,000,000 in commerce and creates employment for more 
than 13 million people. As the agency responsible for our 
nation's federal waterways, the Corps maintains 1,067 harbors 
and 25,000 miles of commercial channels serving 40 states. The 
maintenance of these commercial waterways is directly tied to 
the ability of this country to ship its manufactured and bulk 
products, as well as to compete with the ports of neighboring 
countries for the business of ships arriving from around the 
world. As a primary supporter of America's waterway 
infrastructure, the Corps is ensuring that the nation has the 
tools to maintain a competitive edge in the global market. This 
recommendation makes key changes to the budget request to 
ensure that the Corps has the resources to continue to support 
America's shipping infrastructure.
    The flood protection infrastructure that the Corps builds 
or maintains reduces the risk of flooding to people, 
businesses, and other public infrastructure investments. In 
fact, the average annual damages prevented by Corps projects 
over fiscal years 2007-2016 was $67,600,000,000. Between 1928 
and 2016, each inflation-adjusted dollar invested in these 
projects prevented $8.91 in damages. The properties and 
investments protected by the Corps infrastructure would often 
be flooded without that infrastructure, destroying homes, 
businesses, and many valuable acres of cropland.
    The Bureau of Reclamation's water infrastructure is a 
critical component of the agricultural productivity of this 
country. These facilities deliver water to one of every five 
western farmers resulting in approximately 10 million acres of 
irrigated land that produces 60 percent of the nation's 
vegetables and 25 percent of its fruits and nuts. Additionally, 
these facilities deliver water to more than 31 million people 
for municipal, rural, and industrial uses. Without these dams 
and water supply facilities, American agricultural producers in 
the West would not be able to access reliable, safe water for 
their families and their businesses and many municipal and 
industrial users would face critical water shortages.
    The Corps and Reclamation are the nation's largest and 
second largest producers of hydropower, respectively. Combined 
these federal hydropower facilities generate approximately 115 
billion kilowatt-hours annually. Gross revenues from the sale 
of this power reach nearly $6,000,000,000 annually.

                         National Energy Policy

    The Department of Energy and its National Laboratory system 
have helped to lay the foundation for the technological 
advances driving the energy market today. Production 
breakthroughs for every energy generation source can trace 
their origins back to research and development supported by the 
Department. As the energy market continues to change, the 
Department's support for research and development in all energy 
sources remains critical.
    The Committee provides funding in support of an ``all of 
the above'' energy strategy designed to take advantage and 
utilize all sources of American-made energy. Funding for fossil 
and nuclear sources, which provide 83 percent of all 
electricity generated in the nation, is targeted to ensure the 
safe and efficient use of the nation's critical base load 
energy generation sources. Funding for renewable energy 
sources, which provide 17 percent of the nation's electricity, 
supports continued investments in research and development to 
advance technological innovations. This strategy provides the 
correct balance to enable full use of our nation's abundant 
fossil resources while laying the foundation for developing 
future energy sources.
    The success of these innovations depends on a reliable and 
resilient electric grid infrastructure. The nation's electric 
grid was built to handle a different energy reality than the 
one we face today. Weather events, cyberattacks, and an 
increasing diversity of energy sources must be addressed to 
guarantee the continued operation of the electric grid. The 
Committee provides strong support to ensure the nation's 
electric grid remains secure.
    The Committee continues its long-standing support for the 
investment of taxpayer funds across the spectrum of all energy 
technologies. A national energy policy can only be successful 
if it maintains stability while planning for long-term 
strategic goals of energy security, independence, and 
prosperity for the nation. The Committee makes strategic 
choices, recommending a balanced approach to advancing research 
and development in all energy technologies and supporting a 
robust electric grid.

                        Congressional Direction

    Program, Project, or Activity.--The term ``program, 
project, or activity'' shall include the most specific level of 
budget items identified in the Energy and Water Development and 
Related Agencies Appropriations Act, 2019 and the Committee 
report accompanying this Act.
    Performance Measures.--The Committee directs each of the 
agencies funded by this Act to comply with title 31 of the 
United States Code, including the development of their 
organizational priority goals and outcomes such as performance 
outcome measures, output measures, efficiency measures, and 
customer service measures.
    Offsetting Collections.--The Committee directs each of the 
agencies funded by this Act to continue to report any funds 
derived by the agency from non-federal sources, including user 
charges and fines that are authorized by law, to be retained 
and used by the agency or credited as an offset in annual 
budget submissions.
    Regional Councils.--The Committee encourages all federal 
agencies to consider including regional councils and councils 
of government as eligible entities in competitions for federal 
funding when local governments or non-profit agencies are 
eligible.
    Digital Accountability and Transparency Act.--The Committee 
supports the requirements of the Digital Accountability and 
Transparency Act of 2014 as identified in the budget request.

                    Committee Oversight Initiatives

    The highest priority mission of any federal agency is to be 
an effective steward of taxpayer dollars. Any waste, fraud, or 
abuse of taxpayer dollars is unacceptable. The Committee uses 
hearings, reviews by the Government Accountability Office, the 
Committee on Appropriations' Surveys and Investigations staff, 
and its annual appropriations Act, including the accompanying 
report, to promote strong oversight of the agencies under its 
jurisdiction, with an emphasis on the U.S. Army Corps of 
Engineers, the Bureau of Reclamation, and the Department of 
Energy.
    The recommendation continues the Committee's responsibility 
to conduct in-depth oversight into all activities funded in 
this bill. Each agency shall designate a specific point of 
contact to track each report required in the bill and ensure 
its timely production and delivery.
    A summary of the major oversight efforts in the bill is 
provided below.

------------------------------------------------------------------------
             Agency/Account                        Requirement
------------------------------------------------------------------------
Energy and Water.......................  Direction on performance
                                          measures
Army Corps of Engineers................  Guidance on budget structure
Army Corps of Engineers................  Guidance on apportionment
Army Corps of Engineers................  Direction on Principles and
                                          Guidelines
Army Corps of Engineers................  Direction on 2019 work plan
                                          submission
Army Corps of Engineers................  Direction on new starts
Army Corps of Engineers................  Direction on work related to
                                          Asian Carp
Army Corps of Engineers/Investigations.  Guidance on specific studies
Army Corps of Engineers/Investigations.  Guidance on allocating
                                          additional funding
Army Corps of Engineers/Construction...  Guidance on allocating
                                          additional funding
Army Corps of Engineers/Construction...  Direction on management of the
                                          Continuing Authorities Program
Army Corps of Engineers/Construction...  Direction on funding of pilot
                                          projects
Army Corps of Engineers/Mississippi      Guidance on allocating
 River and Tributaries.                   additional funding
Army Corps of Engineers/Operation and    Guidance on specific projects
 Maintenance.
Army Corps of Engineers/Operation and    Guidance on allocating
 Maintenance.                             additional funding
Army Corps of Engineers/Operation and    Direction on levee safety
 Maintenance.                             initiatives
Army Corps of Engineers/Operation and    Briefing on certain
 Maintenance.                             nonoperational locks
Army Corps of Engineers/FUSRAP.........  Guidance on investigation and
                                          study at former Sylvania site
Army Corps of Engineers/Expenses.......  Direction on alternative
                                          financing
Army Corps of Engineers/General          Reprogramming requirements
 Provisions.
Army Corps of Engineers/General          Restriction on use of
 Provisions.                              continuing contracts
Army Corps of Engineers/General          Restriction on requiring
 Provisions.                              permits for the discharge of
                                          dredged or fill material for
                                          certain agricultural
                                          activities
Army Corps of Engineers/General          Direction on a rule regarding
 Provisions.                              federal jurisdiction under the
                                          Clean Water Act
Army Corps of Engineers/General          Restriction on funding for a
 Provisions.                              new hopper dredge
Bureau of Reclamation..................  Direction on reconsultation
                                          activities under the
                                          Endangered Species Act
Bureau of Reclamation/Water and Related  Guidance on allocating
 Resources.                               additional funding
Bureau of Reclamation/General            Reprogramming requirements
 Provisions.
Department of Energy...................  Guidance on research and
                                          development policy
Department of Energy...................  Guidance on Electricity
                                          Delivery and Energy
                                          Reliability reorganization
Department of Energy...................  Direction on Working Capital
                                          Fund
Department of Energy...................  Report on alleviation of
                                          poverty
Department of Energy...................  Direction on workplace
                                          diversity
Department of Energy...................  Direction on Public Access Plan
Department of Energy...................  GAO investigation of improper
                                          payment reporting
Department of Energy...................  Plan for GAO High Risk List
                                          removal
Department of Energy...................  Direction on commonly recycled
                                          paper
Department of Energy...................  Direction on educational
                                          activities
Department of Energy...................  Report on General Plant
                                          Projects
Department of Energy...................  Direction on budget requests
                                          for General Plant Projects
Department of Energy...................  Direction on reprogrammings and
                                          transfers
Department of Energy/Energy Efficiency.  Direction on a zero emissions
                                          energy credit report
Department of Energy/Energy Efficiency.  Guidance on Energy Star
Department of Energy/Energy Efficiency.  Report on hyperloop
                                          transportation systems
Department of Energy/Energy Efficiency.  Direction on the distribution
                                          of Weatherization Assistance
                                          Program funds
Department of Energy/Electricity         Report on battery technologies
 Delivery.
Department of Energy/Electricity         Guidance on the Grid
 Delivery.                                Modernization Laboratory
                                          Consortium
Department of Energy/Electricity         Report on transmission
 Delivery.                                congestion management
Department of Energy/Nuclear...........  Report on technology use in
                                          nuclear waste remediation
Department of Energy/Fossil............  Direction on coal research and
                                          development
Department of Energy/Fossil............  Direction on NETL sites
Department of Energy/Fossil............  Report on the Solid Oxide Fuel
                                          Cell Program
Department of Energy/Fossil............  Direction on crude oil by rail
Department of Energy/UED&D.............  Prohibition on uranium
                                          bartering for cleanup
Department of Energy/Science...........  Report on SBIR and STTR grants
Department of Energy/Science...........  Report on exascale deployment
                                          plan
Department of Energy/Nuclear Waste       Direction on Yucca Mountain
 Disposal.                                licensing process
Department of Energy/ARPA-E............  Direction on disbursement of
                                          funds
Department of Energy/Departmental        Direction on scructure of
 Administration.                          future budget requests
Department of Energy/Departmental        Study on available resources
 Administration.
Department of Energy/Departmental        Direction on radium
 Administration.                          contamination
NNSA...................................  Prohibition on Institutional
                                          Plant Projects
NNSA...................................  Report on certain personnel
                                          costs
NNSA/Weapons...........................  Guidance on budget requests for
                                          new nuclear weapons
NNSA/Weapons...........................  Report on plutonium
                                          infrastructure
NNSA/Weapons...........................  Report on low-yield warhead
NNSA/Weapons...........................  Report on comparative warhead
                                          program costs
NNSA/Weapons...........................  Direction on MIE project
                                          reporting
NNSA/Weapons...........................  Direction on full cost recovery
                                          for ICF
NNSA/Weapons...........................  Direction on budgeting for high
                                          performance computing
NNSA/Weapons...........................  Direction on incremental
                                          facility operating costs
NNSA/Weapons...........................  Plan to expedite Mobile Guard
                                          Transporter
NNSA/Nonproliferation..................  Direction on new
                                          nonproliferation projects in
                                          Russia
NNSA/Nonproliferation..................  Direction on nonproliferation
                                          R&D budget structure
NNSA/Nonproliferation..................  Prohibition on funding for ATR
                                          and HFIR conversion
NNSA/Federal Salaries..................  Direction on personnel and
                                          potential consolidation
Department of Energy/Defense Cleanup...  Requirement for construction
                                          project data sheet submission
Department of Energy/Defense Cleanup...  Report on tank waste
                                          demonstration project
Department of Energy/Defense Cleanup...  Direction on nuclear quality
                                          assurance programs
Department of Energy/Defense Cleanup...  Direction on resuming
                                          construction project
                                          activities
Department of Energy/Defense Cleanup...  Direction on Waste Treatment
                                          Plant budget structure
Department of Energy/Defense Cleanup...  Guidance on cost sharing
                                          arrangements at Savannah River
Department of Energy/Defense Cleanup...  Reporting on security system
                                          upgrade project details
Department of Energy/Other Defense       Direction on nuclear facilities
 Activities.                              seismic research activities
Department of Energy/Power Marketing     Guidance on organizational
 Administrations.                         reporting
Department of Energy/Federal Energy      Report on electric transmission
 Regulatory Commission.                   system resiliency
Department of Energy/General Provisions  Reprogramming requirements
Department of Energy/General Provisions  Requirement for oversight of
                                          high hazard nuclear facilities
                                          construction
Department of Energy/General Provisions  Prohibition on funds without
                                          independent cost estimates
Department of Energy/General Provisions  Restriction of certain
                                          activities in the Russian
                                          Federation
Department of Energy/General Provisions  Guidance on Strategic Petroleum
                                          Reserve activities
Department of Energy/General Provisions  Prohibition on use of MOX funds
                                          and notification requirements
Department of Energy/General Provisions  Requirements for releases from
                                          Strategic Petroleum Reserve
Department of Energy/General Provisions  Report on spent nuclear fuel
Nuclear Regulatory Commission..........  Guidance on reporting of
                                          salaries and expenses
Nuclear Regulatory Commission..........  Guidance on regulatory
                                          framework
Nuclear Regulatory Commission..........  Report on accident tolerant
                                          fuel
Nuclear Regulatory Commission..........  Report on transition to digital
                                          systems
Nuclear Regulatory Commission..........  Direction on rulemaking process
                                          and activities
Nuclear Regulatory Commission..........  Report on licensing goals and
                                          right-sizing commitments
Independent Agencies/General Provisions  Requirement for NRC to comply
                                          with Congressional requests
Independent Agencies/General Provisions  Reprogramming requirements for
                                          the NRC
General Provisions.....................  Prohibition on funds to
                                          influence congressional action
General Provisions.....................  Consolidation of transfer
                                          authorities
General Provisions.....................  Prohibition of funds in
                                          contravention of Executive
                                          Order 12898
General Provisions.....................  Prohibition of funds for
                                          computer networks that don't
                                          block pornography
General Provisions.....................  Prohibition of funds to further
                                          implement EO 13547
General Provisions.....................  Prohibition of funds related to
                                          operation of certain
                                          hydroelectric dams
General Provisions.....................  Prohibition of funds to remove
                                          or close federally owned or
                                          operated dams
General Provisions.....................  Prohibition of funds to close
                                          Yucca Mountain application
------------------------------------------------------------------------

                   TITLE I--CORPS OF ENGINEERS--CIVIL


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil


                              INTRODUCTION

    The Energy and Water Development Appropriations Act funds 
the Civil Works missions of the Army Corps of Engineers 
(Corps). This program is responsible for activities in support 
of coastal and inland navigation, flood and coastal storm 
damage reduction, environmental protection and restoration, 
hydropower, recreation, water supply, and disaster preparedness 
and response. The Corps also performs regulatory oversight of 
navigable waters. Approximately 22,000 civilians and almost 300 
military personnel located in eight Division offices and 38 
District offices work to carry out the Civil Works program.

                        BUDGET STRUCTURE CHANGES

    The fiscal year 2019 budget request for the Corps of 
Engineers proposed numerous structure changes, including 
creation of two new accounts (Harbor Maintenance Trust Fund and 
Inland Waterways Trust Fund) and the shifting of a variety of 
studies and projects from one account to another. The Committee 
rejects all such proposed changes and instead funds all 
activities in the accounts in which funding has traditionally 
been provided. All projects remain at the funding levels 
included in the budget request, just in different accounts than 
proposed. In particular:
           Projects proposed for funding in the Harbor 
        Maintenance Trust Fund account in the budget request 
        have been transferred to the Construction, Mississippi 
        River and Tributaries, and Operation and Maintenance 
        accounts, as appropriate;
           Projects proposed for funding in the Inland 
        Waterways Trust Fund account in the budget request have 
        been transferred to the Construction account;
           Dredged material management plans, proposed 
        in the Investigations account in the budget request, 
        have been transferred to the Operation and Maintenance 
        account;
           Dam safety modification studies, proposed in 
        the Investigations account in the budget request, have 
        been transferred to the Dam Safety and Seepage/
        Stability Correction Program within the Construction 
        account;
           Dam Safety and Seepage/Stability Correction 
        Program management costs, proposed in the Expenses 
        account in the budget request, have been transferred to 
        the Program within the Construction account; and
           Sand mitigation projects, proposed in the 
        Harbor Maintenance Trust Fund account in the budget 
        request, have been transferred to the Construction 
        account.
    Additionally, the Poplar Island, Maryland, beneficial use 
of dredged material project has been re-categorized as within 
the environmental restoration business line as is appropriate 
and as was the case in previous years.
    For any fiscal year, if the Corps proposes budget structure 
changes, the proposal shall be accompanied by a display of the 
funding request in the traditional budget structure.

              APPORTIONMENT UNDER A CONTINUING RESOLUTION

    For the purposes of the continuing resolutions to start 
fiscal year 2018, the Office of Management and Budget changed 
the long-standing policy by which funding is apportioned to the 
Civil Works program of the Corps of Engineers. Under the new 
policy, funding within an individual account was apportioned 
separately for amounts from the general fund of the Treasury 
and from various trust funds.
    The Committee has long intended the Corps to have the 
flexibility to address projects most in need of funding under a 
continuing resolution. The creation of artificial accounting 
distinctions has the potential to cause serious impediments to 
the efficient and effective implementation of the Civil Works 
program. For example, work on many navigation projects is 
limited by environmental or other regulatory windows. Further 
limitations imposed by separately apportioning Harbor 
Maintenance Trust Fund monies could cause serious disruptions 
to the economic activity that depends on these navigation 
channels.
    For these reasons, the Committee rejects the change in 
apportionment policy and directs the Administration to follow 
the previous policy during any continuing resolutions that may 
occur in future fiscal years.

                         DEEP-DRAFT NAVIGATION

    The Committee remains mindful of the evolving 
infrastructure needs of the nation's ports. Meeting these 
needs--including deeper drafts to accommodate the move towards 
larger ships--will be essential if the nation is to remain 
competitive in international markets and to continue advancing 
economic development and job creation domestically.
    Investigations and construction of port projects, including 
the deepening of existing projects, are cost-shared between the 
federal government and non-federal sponsors, often local or 
regional port authorities. The operation and maintenance of 
these projects are federal responsibilities and are funded as 
reimbursements from the Harbor Maintenance Trust Fund (HMTF), 
which is supported by an ad valorem tax on the value of 
imported and domestic cargo. Expenditures from the trust fund 
are subject to annual appropriations. The balance in the HMTF 
at the beginning of fiscal year 2019 is estimated to be 
approximately $9,416,000,000.
    The Water Resources Reform and Development Act (WRRDA) of 
2014 included target annual appropriations levels for use of 
HMTF receipts and the Water Resources Development Act (WRDA) of 
2016 amended those levels. The Committee remains committed to 
providing the maximum practicable amount of funding for HMTF-
reimbursable activities consistent with annual allocations and 
after evaluating funding requirements for other priority 
activities within the Civil Works program.
    For fiscal year 2019, the Committee provides an estimated 
$1,600,000,000 for HMTF-related activities, $200,000,000 more 
than fiscal year 2018, $635,000,000 above the budget request, 
and $160,000,000 above the annual target. This funding will 
enable the Corps to make significant progress on the backlog of 
dredging needs.

                        INLAND WATERWAYS SYSTEM

    The nation's inland waterways system--consisting of 
approximately 12,000 miles of commercially navigable channels 
and 239 lock chambers--also is essential to supporting the 
national economy. Freight transported on the inland waterways 
system includes a significant portion of the nation's grain 
exports, domestic petroleum and petroleum products, and coal 
used in electricity generation. Much of the physical 
infrastructure of the system is aging, however, and in need of 
improvements. For example, commercial navigation locks 
typically have a design life of 50 years, yet nearly 60 percent 
of these locks in the United States are more than 50 years old, 
with the average age at almost 60 years old.
    Capital improvements to the inland waterways system 
generally are funded 50 percent from the General Treasury and 
50 percent from the Inland Waterways Trust Fund (IWTF), while 
operation and maintenance costs are funded 100 percent from the 
General Treasury. The IWTF is supported by a tax on barge fuel.
    In recent years, the increasing rehabilitation and 
reconstruction needs and the escalating costs of those projects 
have far outstripped available revenues in the IWTF. Two 
statutory changes enacted in fiscal year 2015, however, will 
lead to the availability of additional revenues to stand as the 
required cost-share for some additional work on the inland 
waterways system. These changes were the reduction in the 
portion of the costs of the Olmsted Locks and Dam project that 
is to be derived from the IWTF to 15 percent and the increase 
in the fuel tax to $0.29 per gallon from $0.20 per gallon.
    The Corps is directed to take the preparatory steps 
necessary to ensure that new construction projects can be 
initiated as soon as can be supported under the larger capital 
program (i.e., as ongoing projects approach completion). For 
fiscal year 2019, the Committee provides appropriations making 
use of all estimated annual revenues from the IWTF. The final 
program level will depend on project-specific allocations to be 
made by the Corps. The Committee also allocates $50,000,000 
above the budget request for additional operation and 
maintenance activities on the inland waterways.

                      PRINCIPLES AND REQUIREMENTS

    Concerns persist that the effort to update the Water 
Resources Principles and Guidelines did not proceed consistent 
with the language or intent of section 2031 of the Water 
Resources Development Act of 2007. No funds provided to the 
Corps of Engineers shall be used to develop or implement rules 
or guidance to support implementation of the final Principles 
and Requirements for Federal Investments in Water Resources 
released in March 2013 or the final Interagency Guidelines 
released in December 2014. The Corps shall continue to use the 
document dated March 10, 1983, and entitled ``Economic and 
Environmental Principles and Guidelines for Water and Related 
Land Resources Implementation Studies'' during the fiscal year 
period covered by the Energy and Water Development 
Appropriations Act for 2019.

                      FORMAT OF FUNDING PRIORITIES

    Traditionally, the President requested and the Congress 
appropriated funds for the Civil Works program on a project-
level basis. Taken together, however, these funding decisions 
indicated programmatic priorities and policy preferences. As 
with non-project-based programs, the Congress at times 
disagreed with the priorities stated in the President's budget 
request and made its priorities known in appropriations bills. 
Final federal government priorities were established in Acts 
passed by both chambers of the Congress and signed by the 
President.
    Since the 112th Congress, congressional earmarks, as 
defined in House rule XXI, have been prohibited. That 
definition encompasses project-level funding not requested by 
the President. As a result, the Committee reviewed the 
historical format of appropriations for the Corps to see if 
there was a more transparent way to highlight programmatic 
priorities without abandoning congressional oversight 
responsibilities. The fiscal year 2012 Act included a 
modification to the format used in previous years, and that 
format is continued for fiscal year 2019. As in previous years, 
the Committee lists in report tables the studies, projects, and 
activities within each account requested by the President along 
with the Committee-recommended funding level. To advance its 
programmatic priorities, the Committee has included additional 
funding for certain categories of projects. Project-specific 
allocations within these categories will be determined by the 
Corps based on further direction provided in this report.

                           ADDITIONAL FUNDING

    The recommendation includes funding in addition to the 
budget request to ensure continued improvements to our national 
economy, public safety, and environmental health that result 
from water resources projects. This funding is for additional 
work that either was not included in the budget request or was 
inadequately budgeted.
    The executive branch retains complete discretion over 
project-specific allocation decisions within the additional 
funds provided, subject to only the direction here and under 
the heading ``Additional Funding'' or ``Additional Funding for 
Ongoing Work'' within each of the Investigations, Construction, 
Mississippi River and Tributaries, and Operation and 
Maintenance accounts. A study or project may not be excluded 
from consideration for funding for being ``inconsistent with 
Administration policy.'' The Administration is reminded that 
these funds are in addition to the budget request, and 
Administration budget metrics shall not be a reason to 
disqualify a study or project from being funded. Voluntary 
funding in excess of legally required cost shares for studies 
and projects is acceptable, but shall not be used as a 
criterion for allocating the additional funding provided or for 
the selection of new starts. It is expected that all of the 
additional funding provided will be allocated to specific 
programs, projects, or activities. The focus of the allocation 
process shall favor the obligation, rather than expenditure, of 
funds.
    The Corps shall evaluate all studies and projects only 
within accounts and categories consistent with previous 
congressional funding. When allocating the additional funding 
provided in this Act, the Corps shall consider eligibility and 
implementation decisions under Public Law 115-123 so as to 
maximize the reduction of risk to public safety and 
infrastructure and the reduction of future damages from floods 
and storms nationwide.
    A project or study shall be eligible for additional funding 
within the Investigations, Construction, and Mississippi River 
and Tributaries accounts if: (1) it has received funding, other 
than through a reprogramming, in at least one of the previous 
three fiscal years; (2) it was previously funded and could 
reach a significant milestone, complete a discrete element of 
work, or produce significant outputs in fiscal year 2019; or 
(3) as appropriate, it is selected as one of the new starts 
allowed in accordance with this Act and the additional 
direction provided below. Projects with executed Advanced 
Project Partnership Agreements, or similar agreements, shall be 
eligible for additional funding provided in this bill. None of 
the additional funding in any account may be used for any item 
where funding was specifically denied or for projects in the 
Continuing Authorities Program. Funds shall be allocated 
consistent with statutory cost share requirements.
    Work Plan.--Not later than 60 days after the enactment of 
this Act, the Corps shall provide to the Committees on 
Appropriations of both Houses of Congress a work plan including 
the following information: (1) a detailed description of the 
process and criteria used to evaluate studies and projects; (2) 
delineation of how these funds are to be allocated; (3) a 
summary of the work to be accomplished with each allocation, 
including phase of work; and (4) a list of all studies and 
projects that were considered eligible for funding but did not 
receive funding, including an explanation of whether the study 
or project could have used funds in fiscal year 2019 and the 
specific reasons each study or project was considered as being 
less competitive for an allocation of funds.
    New Starts.--The recommendation includes six new starts in 
the Investigations account and five new starts in the 
Construction account to be distributed across the authorized 
mission areas of the Corps. Of the new starts in 
Investigations, two shall be for navigation studies, one shall 
be for a flood and storm damage reduction study, one shall be 
for an environmental restoration study, and two shall be for 
navigation, flood and storm damage reduction, environmental 
restoration, or multi-purpose studies. Of the new construction 
starts, one shall be for a navigation project; one shall be for 
a flood and storm damage reduction project; one shall be for an 
additional navigation or flood and storm damage reduction 
project; one shall be for an environmental restoration project; 
and one shall be for a navigation, flood and storm damage 
reduction, environmental restoration, or multi-purpose project. 
No funding shall be used to initiate new programs, projects, or 
activities in the Mississippi River and Tributaries or 
Operation and Maintenance accounts.
    The Corps is directed to propose a single group of new 
starts as a part of the work plan. None of the funds may be 
used for any item for which the Committee has specifically 
denied funding. The Corps may not change or substitute the new 
starts selected once the work plan has been provided to the 
Committees on Appropriations of both Houses of Congress. Each 
new start shall be funded from the appropriate additional 
funding line item. Any project for which the new start 
requirements are not met by the end of fiscal year 2019 shall 
be treated as if the project had not been selected as a new 
start; such a project shall be required to compete again for 
new start funding in future years. As all new starts are to be 
chosen by the Corps, all shall be considered of equal 
importance, and the expectation is that future budget 
submissions will include appropriate funding for all new starts 
selected.
    There continues to be confusion regarding the executive 
branch's policies and guidelines regarding which studies and 
projects require new start designations. Therefore, the Corps 
is directed to notify the Committees on Appropriations of both 
Houses of Congress at least 7 days prior to execution of an 
agreement for construction of any project except environmental 
infrastructure projects and projects under the Continuing 
Authorities Program. Additionally, the Committee reiterates and 
clarifies previous congressional direction as follows. Neither 
study nor construction activities related to individual 
projects authorized under section 1037 of the WRRDA of 2014 
shall require a new start or new investment decision; these 
activities shall be considered ongoing work. No new start or 
new investment decision shall be required when moving from 
feasibility to preconstruction engineering and design (PED). A 
new start designation shall be required to initiate 
construction of individually-authorized projects funded within 
programmatic line items. No new start or new investment 
decision shall be required to initiate work on a separable 
element of a project when construction of one or more separable 
elements of that project was initiated previously; it shall be 
considered ongoing work. A new construction start shall not be 
required for work undertaken to correct a design deficiency on 
an existing federal project; it shall be considered ongoing 
work.
    In addition to the priority factors used to allocate all 
additional funding provided in the Investigations account, the 
Corps should give careful consideration to the out-year budget 
impacts of the studies selected and to whether there appears to 
be an identifiable local sponsor that will be ready and able to 
provide, in a timely manner, the necessary cost share for the 
feasibility and PED phases. The Corps is reminded that the 
flood and storm damage reduction and the environmental 
restoration mission areas can include instances where non-
federal sponsors are seeking assistance with flood control and 
unauthorized discharges from permitted wastewater treatment 
facilities and that the navigation mission area includes work 
in remote and subsistence harbor areas.
    In addition to the priority factors used to allocate all 
additional funding provided in the Construction account, the 
Corps also shall consider the out-year budget impacts of the 
selected new starts; and the cost sharing sponsor's ability and 
willingness to promptly provide the cash contribution (if any), 
as well as required lands, easements, rights-of-way, 
relocations, and disposal areas. When considering new 
construction starts, only those that can execute a project cost 
sharing agreement not later than August 31, 2019, shall be 
chosen.
    To ensure that the new construction starts are affordable 
and will not unduly delay completion of any ongoing projects, 
the Secretary is required to submit to the Committees on 
Appropriations of both Houses of Congress a realistic out-year 
budget scenario prior to issuing a work allowance for a new 
start. It is understood that specific budget decisions are made 
on an annual basis and that this scenario is neither a request 
for nor a guarantee of future funding for any project. 
Nonetheless, this scenario shall include an estimate of annual 
funding for each new start utilizing a realistic funding 
scenario through completion of the project, as well as the 
specific impacts of that estimated funding on the ability of 
the Corps to make continued progress on each previously funded 
construction project (including impacts to the optimum timeline 
and funding requirements of the ongoing projects) and on the 
ability to consider initiating new projects in the future. The 
scenario shall assume a Construction account funding level at 
the average of the past three budget requests.

                               ASIAN CARP

    The Secretary of the Army, acting through the Chief of 
Engineers, shall make every effort to submit to Congress the 
Report of the Chief of Engineers for the Brandon Road 
feasibility study according to the original published schedule 
of February 2019. The Corps is directed to provide quarterly 
updates to the Committees on Appropriations of both Houses of 
Congress on the progress and status of efforts to prevent the 
further spread of Asian carp as well as the location and 
density of carp populations, including the use of emergency 
procedures. The Corps shall continue to collaborate with the 
U.S. Coast Guard, the U.S. Fish and Wildlife Service, the State 
of Illinois, and members of the Asian Carp Regional 
Coordinating Committee to identify and evaluate whether 
navigation protocols would be beneficial or effective in 
reducing the risk of vessels inadvertently carrying aquatic 
invasive species, including Asian carp, through the Brandon 
Road Lock and Dam in Joliet, Illinois. Any findings of such an 
evaluation shall be included in the quarterly briefings to the 
Committees. The Corps is further directed to implement 
protocols shown to be effective at reducing the risk of 
entrainment without jeopardizing the safety of vessels and 
crews. The Corps and other federal and state agencies are 
conducting ongoing research on potential solutions.

                     AGING WATERWAY INFRASTRUCTURE

    The Committee recognizes the extraordinary implications to 
the local, regional, and national economy, as well as national 
security due to aging waterway infrastructure. The Committee 
urges the Corps to complete feasibility studies for ongoing 
deep draft lock modernization or replacement projects. In these 
studies, the Corps is encouraged to include national and 
regional economic analyses, taking into account the unique 
movement of the commodities and the value-added in the supply 
chain.

               CONGRESSIONAL DIRECTION AND REPROGRAMMING

    To ensure that the expenditure of funds in fiscal year 2019 
is consistent with congressional direction, to minimize the 
movement of funds, and to improve overall budget execution, the 
bill carries a legislative provision outlining the 
circumstances under which the Corps may reprogram funds.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $7,278,000,000 for the Corps, 
$451,000,000 above fiscal year 2018 and $2,493,417,000 above 
the budget request.
    A table summarizing the fiscal year 2018 enacted 
appropriation, the fiscal year 2019 budget request, and the 
Committee-recommended levels is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2018         FY 2019
                             Account                                  enacted         request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations..................................................        $123,000         $82,000        $128,000
Construction....................................................       2,085,000         871,733       2,323,000
Mississippi River and tributaries...............................         425,000         244,735         430,000
Operation and maintenance.......................................       3,630,000       2,076,733       3,820,000
Regulatory program..............................................         200,000         200,000         200,000
FUSRAP..........................................................         139,000         120,000         150,000
Flood control and coastal emergencies...........................          35,000          27,000          35,000
Expenses........................................................         185,000         187,000         187,000
Office of the Assistant Secretary of the Army for Civil Works...           5,000           5,000           5,000
Harbor Maintenance Trust Fund...................................           - - -         965,132           - - -
Inland Waterways Trust Fund.....................................           - - -           5,250           - - -
                                                                 -----------------------------------------------
        Total, Corps of Engineers--Civil........................       6,827,000       4,784,583       7,278,000
----------------------------------------------------------------------------------------------------------------

                             INVESTIGATIONS

 
 
 
Appropriation, 2018...................................      $123,000,000
Budget estimate, 2019.................................        82,000,000
Recommended, 2019.....................................       128,000,000
Comparison:
    Appropriation, 2018...............................        +5,000,000
    Budget estimate, 2019.............................       +46,000,000
 

    This appropriation funds studies to determine the need for, 
the engineering and economic feasibility of, and the 
environmental and social suitability of solutions to water and 
related land resource problems; preconstruction engineering and 
design; data collection; interagency coordination; and 
research.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Passaic River Basin Mainstem, New Jersey.--The Committee is 
aware that flooding has long been a problem in the Passaic 
River Basin. The Committee encourages the Corps to continue to 
work in coordination with the non-federal sponsor on plans to 
reduce flooding in the basin, including the reevaluation of the 
Passaic River Basin Mainstem project. The Corps is directed to 
brief the Committee not later than 30 days after the enactment 
of this Act on the current status of this project.
    Peckman River, New Jersey.--The Committee is aware of 
repeated delays with the Peckman River Feasibility Study. The 
Corps is directed to provide to the Committee quarterly 
briefings on the current schedule to bring this study to 
completion, with the first briefing to occur not later than 30 
days after the enactment of this Act.
    Rahway River Basin (Upper Basin), New Jersey.--The 
Committee is aware of extended delays with the Rahway River 
Basin Flood Risk Management Feasibility Study where flooding is 
of acute concern to the affected communities. The Committee 
encourages the Corps to continue to work with the non-federal 
sponsor on plans to reduce flooding caused by the Rahway River 
in affected areas. The Corps is directed to provide to the 
Committee quarterly briefings on the current schedule to bring 
this study to completion, with the first briefing to occur not 
later than 30 days after the enactment of this Act.
    Chacon Creek, Texas.--The Corps has multiple authorities to 
provide technical assistance to non-federal entities. The 
Committee encourages the Corps to review these authorities to 
identify opportunities to help advance the Chacon Creek, Texas, 
project, for which the Corps executed a feasibility cost 
sharing agreement in 2004.
    Additional Funding.--The Corps is expected to allocate the 
additional funding provided in this account primarily to 
specific feasibility and PED phases, rather than to Remaining 
Items line items as has been the case in previous work plans. 
When allocating the additional funding provided in this 
account, the Corps shall consider giving priority to completing 
or accelerating ongoing studies or to initiating new studies 
that will enhance the nation's economic development, job 
growth, and international competitiveness; are for projects 
located in areas that have suffered recent natural disasters; 
are for projects that protect life and property; or are for 
projects to address legal requirements. The Corps shall use 
these funds for additional work in both the feasibility and PED 
phases. The agreement includes sufficient additional funding to 
undertake a significant amount of feasibility and PED work. The 
Administration is reminded that a project study is not complete 
until the PED phase is complete. The Corps is reminded that 
environmental restoration can include projects that address 
degraded conditions due to prior flood protection work.
    Research and Development.--Within available funds, the 
Corps is encouraged to advance flood and coastal systems 
research and development, as well as work to evaluate 
conservation methods to restore riverine ecosystems, to 
identify effective oyster reef restoration strategies, and to 
support collaborative research into coastal resilience.
    Disposition of Completed Projects.--The Committee supports 
the budget request for disposition studies pursuant to 
facilities that closed as a result of Public Law 113-121. The 
Corps is directed to provide to the Committee copies of 
disposition studies upon completion. For Corps facilities that 
are deemed as excess, the Committee supports the disposal of 
those facilities through the appropriate General Services 
Administration process.
    Water Resources Priorities Study.--No funding shall be used 
for this study.
    Impacts on Oyster Reefs.--The Committee supports Corps 
efforts, when conducting or reviewing environmental assessments 
or environmental impact statements for navigation or coastal 
restoration projects in areas where oyster reefs exist, to 
consider water quality and salinity impacts on those reefs and, 
when appropriate, to mitigate any negative impacts.
    Upper Mississippi River-Illinois Waterway System.--
Beginning in 2005, more than $59,000,000 in appropriated funds 
have been allocated for preconstruction engineering and design 
of improved locks and ecosystem restoration throughout the 
Upper Mississippi and Illinois Rivers for measures authorized 
in Title VIII of the Water Resources Development Act of 2007. 
Unfortunately, the Corps has determined that a Level 3 Economic 
Re-Evaluation Report (ERR) shall occur before PED can continue. 
While the Committee disagrees with this conclusion, if the 
Corps decides to fund such an ERR, the Committee encourages the 
Corps to complete it not later than January 1, 2020, so that 
PED can resume in a timely fashion.
    Upper Des Plaines River and Tributaries Project.--The 
Committee is aware that the project area was flooded with 
record high crests overflowing the Des Plaines River last 
summer, resulting in damage to more than 3,200 residences. The 
Committee urges the Corps to cooperate with the non-federal 
sponsor as it prepares advance work on a number of flood 
features under Section 204 of the Water Resources Development 
Act of 1986, as amended.
    Lake Cypress, Florida.--The Committee is aware that high 
rain totals have created a significant sediment flow through 
the Kissimmee Chain of Lakes resulting in a shoal that has 
expanded in recent years, located at the end of the C-35 canal 
in Lake Cypress, Florida. The Committee encourages the Corps to 
cooperate with state and local officials on this issue.
    Flood Control and Wastewater Treatment Facilities.--In 
fiscal year 2017, the Corps was directed to provide a briefing 
regarding activities to address concerns about flooding and 
wastewater treatment facilities. The Committee may have 
additional direction after that briefing occurs.
    Public Law 115-123.--The Corps is encouraged to expedite 
the completion of investigations undertaken with funds provided 
pursuant to Public Law 115-123.
    Section 1143 Study.--The Corps is encouraged to include in 
future budget submissions the study of sediment sources 
authorized in section 1143 of Public Law 114-322.

                              CONSTRUCTION

 
 
 
Appropriation, 2018...................................    $2,085,000,000
Budget estimate, 2019.................................       871,733,000
Recommended, 2019.....................................     2,323,000,000
Comparison:
    Appropriation, 2018...............................      +238,000,000
    Budget estimate, 2019.............................    +1,451,267,000
 

    This appropriation funds construction, major 
rehabilitation, and related activities for water resource 
projects whose principal purpose is to provide commercial 
navigation, flood and storm damage reduction, or aquatic 
ecosystem restoration benefits to the nation. Portions of this 
account are funded from the Harbor Maintenance Trust Fund and 
the Inland Waterways Trust Fund.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Murrieta Creek, California.--The Committee is aware that 
the Corps has been working on a Validation Report to detail a 
re-scoped project for a more cost-effective flood protection 
solution while it proceeds with construction. The Committee 
urges the Corps to finish the Report, as the Corps turns over 
the completed elements of the project to the local sponsor and 
constructs Phase IIB of the project.
    Success Dam, California.--In the past, the Committee has 
raised the importance of the Corps moving expeditiously on the 
project to increase the reservoir capacity and complete the 
necessary safety reviews of the dam. In a memo dated January 
17, 2018, the Dam Senior Oversight Group concluded the Success 
Reservoir Enlargement Project has negligible risk on the 
current reservoir infrastructure and approved the project to 
proceed. The Committee commends the Corps for its work on this 
project and continues to strongly urge the Corps expeditiously 
move ahead with the enlargement project, as detailed in House 
Report 114-91.
    South Florida Ecosystem Restoration, Florida.--As in 
previous years, the Committee provides funding for all study 
and construction authorities related to Everglades restoration 
under the line item titled ``South Florida Ecosystem 
Restoration, Florida''. This single line item allows the Corps 
flexibility in implementing the numerous activities underway in 
any given fiscal year.
    Chesapeake Bay Oyster Recovery, Maryland and Virginia.--The 
Committee urges the Corps to consider species selection for 
disease resistance and survivability as part of oyster recovery 
in the Chesapeake Bay and to support development of substrate 
as a substitute for oyster shell, including competitively 
awarded contracts for research and development, as appropriate.
    New Jersey and New York Harbor Deepening Project.--The 
Committee is encouraged by the work of the Corps and its local 
partners to bring the construction of the New Jersey and New 
York Harbor Deepening Project to completion. This project of 
national significance is an example of how the Corps and its 
partners can work together to enhance our national economy.
    Cano Martin Pena, Puerto Rico.--The Committee maintains its 
interest in the Cano Martin Pena environmental restoration 
project in San Juan, Puerto Rico, and notes the environmental 
degradation and persistent flooding that disadvantages 
communities abutting the channel, as evidenced by Hurricanes 
Irma and Maria. The Corps is encouraged to include appropriate 
funding for this project in future budget requests. The Corps 
is directed to report to the Committees on Appropriations of 
both Houses of Congress not later than 90 days after enactment 
of this Act on the status of this project.
    Additional Funding.--The agreement includes additional 
funds for projects and activities to enhance the nation's 
economic growth and international competitiveness. Of the 
additional funds provided in this account, the Corps shall 
allocate not less than $5,495,000 to projects with riverfront 
development components. Of the additional funding provided in 
this account for flood and storm damage reduction and flood 
control, the Corps shall allocate not less than $18,000,000 to 
additional nonstructural flood control projects. Of the 
additional funds provided in this account for flood and storm 
damage reduction, navigation, and other authorized project 
purposes, the Corps shall allocate not less than $15,000,000 to 
authorized reimbursements for projects with executed project 
cooperation agreements and that have completed construction or 
where non-federal sponsors intend to use the funds for 
additional water resources development activities. Of the 
additional funding provided in this account for flood and storm 
damage reduction and flood control, the Corps shall allocate 
not less than $11,650,000 to continue construction of projects 
that principally include improvements to rainfall drainage 
systems that address flood damages. Of the additional funding 
provided in this account for flood and storm damage reduction 
and flood control, the Corps shall allocate not less than 
$10,000,000 to ongoing projects where ongoing construction 
would benefit from additional funds to avoid induced flooding 
during construction.
    The Corps is reminded that dam safety projects authorized 
under section 5003 of the Water Resources Development Act of 
2007 are eligible to compete for the additional funding 
provided in this account.
    Public Law 115-123 included funding within the Flood 
Control and Coastal Emergencies account to restore authorized 
shore protection projects to full project profile. That funding 
is expected to address most of the current year capability. 
Therefore, to ensure funding is not directed to where it cannot 
be used, the agreement includes $60,000,000 for construction of 
shore protection projects. The Corps is reminded that if 
additional work can be done, these projects are also eligible 
to compete for additional funding for flood and storm damage 
reduction.
    When allocating the additional funding provided in this 
account, the Corps is encouraged to evaluate authorized 
reimbursements in the same manner as if the projects were being 
evaluated for new or ongoing construction and shall consider 
giving priority to the following:
     benefits of the funded work to the national 
economy;
     extent to which the work will enhance national, 
regional, or local economic development;
     number of jobs created directly and supported in 
the supply chain by the funded activity;
     significance to national security, including the 
strategic significance of commodities;
     ability to obligate the funds allocated within the 
fiscal year, including consideration of the ability of the non-
federal sponsor to provide any required cost share;
     ability to complete the project, separable 
element, or project phase with the funds allocated;
     legal requirements, including responsibilities to 
Tribes;
     for flood and storm damage reduction projects 
(including authorized nonstructural measures and periodic beach 
renourishments),
           population, economic activity, or public 
        infrastructure at risk, as appropriate; and
           the severity of risk of flooding or the 
        frequency with which an area has experienced flooding;
     for shore protection projects, projects in areas 
that have suffered severe beach erosion requiring additional 
sand placement outside of the normal beach renourishment cycle 
or in which the normal beach renourishment cycle has been 
delayed;
     for navigation projects, the number of jobs or 
level of economic activity to be supported by completion of the 
project, separable element, or project phase;
     for projects cost shared with the Inland Waterways 
Trust Fund (IWTF), the economic impact on the local, regional, 
and national economy if the project is not funded, as well as 
discrete elements of work that can be completed within the 
funding provided in this line item;
     for other authorized project purposes and 
environmental restoration or compliance projects, to include 
the beneficial use of dredged material; and
     for environmental infrastructure projects, 
projects with the greater economic impact, projects in rural 
communities, projects in communities with significant shoreline 
and instances of runoff, projects in or that benefit counties 
or parishes with high poverty rates, projects in financially 
distressed municipalities, projects that improve stormwater 
capture capabilities, and projects that will provide 
substantial benefits to water quality improvements.
    The agreement provides funds making use of all estimated 
annual revenues in the IWTF. The Corps shall allocate all funds 
provided in the IWTF Revenues line item along with the 
statutory cost share from funds provided in the Navigation line 
item prior to allocating the remainder of funds in the 
Navigation line item.
    Aquatic Plant Control Program.--Of the funding provided, 
$5,000,000 is for watercraft inspection stations, as authorized 
by section 1039 of the Water Resources Reform and Development 
Act of 2014, and $1,000,000 is for related monitoring.
    Continuing Authorities Program (CAP).--The Committee 
continues to support all sections of the Continuing Authorities 
Program. Funding is provided for eight CAP sections at a total 
of $72,000,000. This program provides a useful tool for the 
Corps to undertake small localized projects without the lengthy 
study and authorization process typical of larger Corps 
projects. The management of the Continuing Authorities Program 
should continue consistent with direction provided in previous 
fiscal years.
    Dam Safety and Seepage/Stability Correction Program.--The 
Committee rejects the budget request proposal regarding Herbert 
Hoover Dike, which would make funds provided in this program 
available only if the State of Florida commits certain funds. 
Consistent with long-standing congressional direction, the 
Corps may not require funding in excess of legally required 
cost shares for studies and projects as a criterion for funding 
decisions. The Corps shall apply these funds to the highest 
priority projects.
    Beneficial Use of Dredged Material Pilot Program.--The 
Committee supports implementation of the pilot program 
authorized in section 1122 of the WIIN Act. To date, the Corps 
has not identified how these pilots would be funded, however. 
Therefore, the Corps is directed to fund these pilots, if 
otherwise competitive, under the CAP section 204 line item and 
the applicable additional funding line items in this account. 
The Corps shall not use Operation and Maintenance funds 
provided or allocated to the projects from which the dredged 
material is generated for costs beyond the costs of the Federal 
Standard. The Corps shall brief the Committees on 
Appropriations of both Houses of Congress not later than 60 
days after the enactment of this Act on the selection of pilot 
projects, as well as the planned activities and cost estimates 
for each selected pilot project.
    Public Law 115-123.--The Corps is encouraged to expedite 
the completion of projects undertaken with funds provided 
pursuant to Public Law 115-123.
    Public Law 115-123 (LERRDs).--The Corps has authority to 
perform acquisition of required lands, easements, rights-of-
ways, relocations, and disposal areas (LERRDs) on behalf of a 
non-federal sponsor under certain circumstances. The Committee 
encourages the Corps to evaluate such requests from non-federal 
sponsors of projects funded under Public Law 115-123.

                   MISSISSIPPI RIVER AND TRIBUTARIES

 
 
 
Appropriation, 2018...................................      $425,000,000
Budget estimate, 2019.................................       244,735,000
Recommended, 2019.....................................       430,000,000
Comparison:
    Appropriation, 2018...............................        +5,000,000
    Budget estimate, 2019.............................      +185,265,000
 

    This appropriation funds planning, construction, and 
operation and maintenance activities associated with projects 
to reduce flood damage in the lower Mississippi River alluvial 
valley below Cape Girardeau, Missouri.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Lower Mississippi River Main Stem.--The budget request 
proposes to consolidate several activities across multiple 
states into one line item. The Committee does not support this 
change and instead continues to fund these activities as 
separate line items.
    Additional Funding for Ongoing Work.--When allocating the 
additional funding provided in this account, the Corps shall 
consider giving priority to completing or accelerating ongoing 
work that will enhance the nation's economic development, job 
growth, and international competitiveness, or are for studies 
or projects located in areas that have suffered recent natural 
disasters. While this funding is shown under remaining items, 
the Corps shall use these funds in investigations, 
construction, and operation and maintenance, as applicable.
    Mississippi River Commission.--No funding is provided for 
this new line item. The Corps is directed to continue funding 
the costs of the commission from within the funds provided for 
activities within the Mississippi River and Tributaries 
project.

                       OPERATION AND MAINTENANCE

 
 
 
Appropriation, 2018...................................    $3,630,000,000
Budget estimate, 2019.................................     2,076,733,000
Recommended, 2019.....................................     3,820,000,000
Comparison:
    Appropriation, 2018...............................      +190,000,000
    Budget estimate, 2019.............................    +1,743,267,000
 

    This appropriation funds operation, maintenance, and 
related activities at water resource projects the Corps 
operates and maintains. Work to be accomplished consists of 
dredging, repair, and operation of structures and other 
facilities as authorized in various River and Harbor, Flood 
Control, and Water Resources Development Acts. Related 
activities include aquatic plant control, monitoring of 
completed projects, removal of sunken vessels, and the 
collection of domestic, waterborne commerce statistics. 
Portions of this account are financed through the Harbor 
Maintenance Trust Fund.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Los Angeles County Drainage Area (LACDA), California.--The 
Corps shall provide to the Committees on Appropriations of both 
Houses of Congress not later than 120 days after enactment of 
this Act a report on the outstanding maintenance and repair 
needs within the Corps-maintained portion of the LACDA system. 
The report shall identify opportunities for local agency 
maintenance and collaboration of the Corps-maintained portion 
of the LACDA system to more effectively utilize budgeted funds 
in a manner that reduces flood risk, increases stormwater 
capture, and enables a more sustainable local source of water.
    Waco Lake, Texas.--In fiscal year 2018, the Committee 
encouraged the Corps to work with local officials to determine 
whether issues at the Corps project are the cause of damages to 
the public road and what authorities and funding sources may be 
available to assist the local community in repairing the road. 
The Corps is directed to provide this information to the 
Committee not later than 45 days after the enactment of this 
Act.
    Additional Funding for Ongoing Work.--When allocating the 
additional funding provided in this account, the Corps shall 
consider giving priority to the following:
     ability to complete ongoing work maintaining 
authorized depths and widths of harbors and shipping channels, 
including where contaminated sediments are present;
     ability to address critical maintenance backlog;
     presence of the U.S. Coast Guard;
     extent to which the work will enhance national, 
regional, or local economic development, including domestic 
manufacturing capacity;
     extent to which the work will promote job growth 
or international competitiveness;
     number of jobs created directly by the funded 
activity;
     ability to obligate the funds allocated within the 
fiscal year;
     ability to complete the project, separable 
element, project phase, or useful increment of work within the 
funds allocated;
     addressing hazardous barriers to navigation due to 
shallow channels;
     risk of imminent failure or closure of the 
facility; and
     for harbor maintenance activities,
           total tonnage handled;
           total exports;
           total imports;
           dollar value of cargo handled;
           energy infrastructure and national 
        security needs served;
           designation as strategic seaports;
           lack of alternative means of freight 
        movement; and
           savings over alternative means of 
        freight movement.
    Additional funding provided for donor and energy transfer 
ports shall be allocated in accordance with 33 U.S.C. 2238c. 
The Corps is encouraged to include funding for this program in 
future budget requests.
    Aquatic Nuisance Research Program.--Within available funds, 
the Corps is encouraged to support research that will identify 
and develop improved strategies for early detection, 
prevention, and management techniques and procedures to reduce 
the occurrence and impacts of harmful algal blooms in our 
nation's water resources.
    Monitoring of Completed Navigation Projects.--The Committee 
supports Corps efforts to improve aging critical infrastructure 
projects, including post-tensioned anchorages at its locks and 
dams. The Committee understands the Corps is exploring non-
destructive testing methods of inspection that are safer and 
less costly, and encourages the Corps to continue to evaluate 
the need for and benefit of such methods. The Corps is 
encouraged to also consider the need for additional work on the 
validation of technologies such as protective coatings. Funding 
in addition to the budget request is included to support 
continued efforts related to structural health monitoring, 
asset management, and non-destructive testing, as appropriate. 
The Corps is directed to brief the Committee not later than 90 
days after the enactment of this Act on its planned activities 
in each area, future funding requirements of ongoing efforts, 
and the scope and effectiveness of programs at various annual 
funding levels.
    Water Operations Technical Support (WOTS).--Of the funding 
provided, $5,000,000 is included to continue research into 
atmospheric rivers first funded in fiscal year 2015. An 
additional $2,500,000 is provided to expand this research 
effort to other locations, as appropriate. Prior to obligating 
funds for this expanded effort, however, the Corps shall brief 
the Committees on Appropriations of both Houses of Congress on 
the details of an expanded effort, including activities to be 
undertaken, total and annual cost estimates, expected 
transferability of tools developed or other results of the 
research, as well as the likelihood of additional investment 
being necessary.
    Emerging Harbor Projects.--The recommendation includes 
funding for individual projects defined as emerging harbor 
projects (in section 210(f)(2) of the Water Resources 
Development Act (WRDA) of 1986) that exceeds the funding levels 
envisioned in section 210(c)(3) and 210(d)(1)(B)(ii) of WRDA 
1986.
    Great Lakes Navigation System.--The recommendation includes 
funding for individual projects within this System that exceeds 
the funding level envisioned in section 210(d)(1)(B)(ii) of 
WRDA 1986.
    Shoreline Management Policy.--The Committee is aware of 
concerns regarding the new shoreline management policy for 
Corps reservoirs within the South Atlantic Division. The Corps 
is encouraged to continue working with affected local 
communities and stakeholders to address these concerns, 
including the use of non-potable water from reservoirs.
    Hydropower.--The Committee recognizes that hydropower is an 
important resource for the energy requirements of our states 
and local communities. In some areas, such as the Summersville 
Dam in West Virginia, the Corps works with non-federal partners 
to provide reliable and affordable energy for the surrounding 
community. The Committee encourages the Corps to review options 
for expanded non-federal hydropower at appropriate sites 
throughout the nation. The Committee anticipates that this 
would include evaluations of seasonal pool levels and an 
assessment of the impact of expanding hydropower on safety and 
operations for the region.
    Recreational Access.--The Committee is concerned about 
reports of the Army Corps of Engineers closing recreational 
access points and resistance to enhanced recreational proposals 
including boat docks, handicap access ramps, and general land 
access points.
    Levee Safety.--The Committee notes that previous Water 
Resources Development Acts have provided authorization for the 
Corps to carry out certain levee safety initiatives. The Corps 
shall provide to the Committees on Appropriations of both 
Houses of Congress not later than 90 days after the enactment 
of this Act a briefing on its efforts to implement these 
initiatives.
    Nonoperational locks.--The Committee has heard concerns 
about the status of the Walter F. George and George W. Andrews 
locks. The Corps is directed to brief the Committee not later 
than 60 days after the enactment of this Act on the operating 
status of these locks and what requirements are necessary to 
return these locks to fully operational status.

                           REGULATORY PROGRAM

 
 
 
Appropriation, 2018...................................      $200,000,000
Budget estimate, 2019.................................       200,000,000
Recommended, 2019.....................................       200,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................             - - -
 

    This appropriation provides funds to administer laws 
pertaining to the regulation of activities affecting U.S. 
waters, including wetlands, in accordance with the Rivers and 
Harbors Appropriation Act of 1899, the Clean Water Act, and the 
Marine Protection, Research, and Sanctuaries Act of 1972. 
Appropriated funds are used to review and process permit 
applications, ensure compliance on permitted sites, protect 
important aquatic resources, and support watershed planning 
efforts in sensitive environmental areas in cooperation with 
states and local communities.
    Public Safety Projects.--The Committee continues to hear 
that public safety infrastructure projects have been delayed 
due to excessive and repeated reviews. Many communities depend 
on these projects to protect their residents from natural 
disasters. Considering the risk to life and other damages that 
these disasters inflict upon communities, it is in the public 
interest to have local governments mitigate for this harm. 
Therefore, the Committee encourages the Corps to give the 
public safety aspects of a project sufficient and appropriate 
consideration when reviewing permit applications.
    Timelines.--The Committee is concerned with the disparity 
in permitting process timelines among the Corps districts, and 
even more so with those districts whose timelines continue to 
grow in length. The Committee urges the Corps to encourage 
timely permitting in its districts, examine best practices 
among those districts with the lowest permitting timelines, and 
implement the same across other districts with lagging and 
protracted timelines.
    Additionally, the Committee is concerned that 
infrastructure projects across the country are being impacted 
by unnecessary and unlimited delays in the section 401 water 
quality certification process. The Corps is encouraged to 
consider providing districts with additional guidance on this 
issue.
    Chehalis Basin Process.--The Committee is pleased with the 
Seattle District for working in a collaborative process with 
the Chehalis Basin Process in Washington state for flood 
protection in the nearby communities. The Committee encourages 
the District to continue in this effort and further, to sync 
the NEPA and SEPA processes to gain efficiencies and continue 
moving the process forward in a timely manner.
    Regional General Permits.--The Committee urges the Corps 
and the National Marine Fisheries Service to continue to 
evaluate appropriate mitigation options for Seattle District 
Regional General Permits that take into consideration 
improvements to existing structures.
    Permitting Consultations.--The Committee is aware of 
sometimes significant delays associated with consultation 
requests received by the National Marine Fisheries Service 
(NMFS) from the Army Corps of Engineers. The Committee urges 
the Corps to work with NMFS to improve this process.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

 
 
 
Appropriation, 2018...................................      $139,000,000
Budget estimate, 2019.................................       120,000,000
Recommended, 2019.....................................       150,000,000
Comparison:
    Appropriation, 2018...............................       +11,000,000
    Budget estimate, 2019.............................       +30,000,000
 

    This appropriation funds the cleanup of certain low-level 
radioactive materials and mixed wastes located at sites 
contaminated as a result of the nation's early efforts to 
develop atomic weapons.
    The Congress transferred the Formerly Utilized Sites 
Remedial Action Program (FUSRAP) from the Department of Energy 
to the Corps in fiscal year 1998. In appropriating FUSRAP funds 
to the Corps, the Committee intended to transfer only the 
responsibility for administration and execution of cleanup 
activities at FUSRAP sites where the Department had not 
completed cleanup. The Committee did not transfer to the Corps 
ownership of and accountability for real property interests, 
which remain with the Department. The Committee expects the 
Department to continue to provide its institutional knowledge 
and expertise to ensure the success of this program and to 
serve the nation and the affected communities.
    The Committee continues to support the prioritization of 
sites, especially those that are nearing completion. Within the 
funds provided in accordance with the budget request, the Corps 
is directed to complete the Remedial Investigation/Feasibility 
Study of the former Sylvania nuclear fuel site at Hicksville, 
New York, and, as appropriate, to proceed expeditiously to a 
Record of Decision and initiation of any necessary remediation 
in accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA).

                 FLOOD CONTROL AND COASTAL EMERGENCIES

 
 
 
Appropriation, 2018...................................       $35,000,000
Budget estimate, 2019.................................        27,000,000
Recommended, 2019.....................................        35,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................        +8,000,000
 

    This appropriation funds planning, training, and other 
measures that ensure the readiness of the Corps to respond to 
floods, hurricanes, and other natural disasters, and to support 
emergency operations in response to such natural disasters, 
including advance measures, flood fighting, emergency 
operations, the provision of potable water on an emergency 
basis, and the repair of certain flood and storm damage 
reduction projects.

                                EXPENSES

 
 
 
Appropriation, 2018...................................      $185,000,000
Budget estimate, 2019.................................       187,000,000
Recommended, 2019.....................................       187,000,000
Comparison:
    Appropriation, 2018...............................        +2,000,000
    Budget estimate, 2019.............................             - - -
 

    This appropriation funds the executive direction and 
management of the Office of the Chief of Engineers, the 
Division Offices, and certain research and statistical 
functions of the Corps.
    Alternative financing.--The Committee remains supportive of 
public-private partnerships (P3) and other alternative 
financing mechanisms. In fiscal year 2018, the Corps was 
directed to submit to the Committee not later than 180 days 
after enactment of the Act a policy on how proposals for 
public-private partnerships will be considered by the Corps and 
how these partnerships will be incorporated into the budget 
policy and to discontinue certain such work until a policy is 
submitted. The Corps is reminded of the Committee's long-
standing concerns that federal funding decisions not be biased 
by non-federal decisions to construct projects in advance of 
federal funding or to provide funding in excess of legally 
required cost shares. The Committee looks forward to reviewing 
the Corps' alternative financing policy once it has been 
submitted.
    The Water Infrastructure Finance and Innovation Act (WIFIA) 
is another alternative financing tool that has received strong 
support from many Members of Congress. The EPA's WIFIA program 
was initiated in fiscal year 2015, but to date, the Corps has 
not requested funding nor provided requested information on how 
a corresponding program for the Civil Works program would be 
implemented. Without such a plan, it is premature for the 
Committee to provide funding. Therefore, the Corps again is 
directed to provide to the Committees on Appropriations of both 
Houses of Congress a detailed plan for how WIFIA would be 
implemented, including an estimated schedule for when funding 
could be used to provide loans.
    Surplus Water.--The Committee urges the Corps to consider 
adoption of the alternative definition of ``surplus water'' 
excluding ``natural flows'' from stored water in the Missouri 
River mainstem reservoirs in its proposed rule entitled ``Use 
of U.S. Army Corps of Engineers Reservoir Projects for 
Domestic, Municipal & Industrial Water Supply'' (82 F.R. 9555).
    Materials.--The Committee notes that the Corps worked to 
raise awareness of the potential for use of cross laminated 
timber in Corps projects and urges the Corps to continue 
activities to encourage the use of this innovative advanced 
wood product, as appropriate.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

 
 
 
Appropriation, 2018...................................        $5,000,000
Budget estimate, 2019.................................         5,000,000
Recommended, 2019.....................................         5,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................             - - -
 

    The Assistant Secretary of the Army for Civil Works 
oversees the Civil Works budget and policy, whereas the Corps' 
executive direction and management of the Civil Works program 
are funded from the Expenses account.
    The recommendation includes legislative language 
restricting the availability of 75 percent of the funding 
provided in this account until such time as at least 95 percent 
of the additional funding provided in each account has been 
allocated to specific programs, projects, or activities. This 
restriction shall not affect the roles and responsibilities 
established in previous fiscal years of the Office of the 
Assistant Secretary of the Army for Civil Works, the Corps 
headquarters, the Corps field operating agencies, or any other 
executive branch agency.
    The Committee relies on a timely and accessible executive 
branch in the course of fulfilling its constitutional role in 
the appropriations process. The requesting and receiving of 
basic, factual information, such as budget justification 
materials, is vital in order to maintain a transparent and open 
governing process. The Committee recognizes that some 
discussions internal to the executive branch are pre-decisional 
in nature and, therefore, not subject to disclosure. However, 
the access to facts, figures, and statistics that inform these 
decisions are not subject to this same sensitivity and are 
critical to the budget process. The Administration needs to 
ensure timely and complete responses to these inquiries.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL


                     (INCLUDING TRANSFER OF FUNDS)

    The bill continues a provision that prohibits the 
obligation or expenditure of funds through a reprogramming of 
funds in this title except in certain circumstances.
    The bill continues a provision prohibiting the use of funds 
in this Act to carry out any contract that commits funds beyond 
the amounts appropriated for that program, project, or 
activity.
    The bill continues a provision authorizing the transfer of 
funds to the Fish and Wildlife Service to mitigate for 
fisheries lost due to Corps of Engineers projects.
    The bill includes a provision regarding certain dredged 
material disposal activities.
    The bill includes a provision regarding acquisitions.
    The bill includes a provision regarding reallocations at a 
project.
    The bill includes a provision prohibiting the use of funds 
to require permits for the discharge of dredged or fill 
material for certain agriculture activities.
    The bill includes a provision regarding a rule under the 
Clean Water Act.
    The bill contains a provision allowing the possession of 
firearms at water resources development projects under certain 
circumstances.
    The bill includes a provision prohibiting the obligation or 
expenditure of funds on a new hopper dredge.

                  TITLE II--DEPARTMENT OF THE INTERIOR


                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

 
 
 
Appropriation, 2018...................................       $10,500,000
Budget estimate, 2019.................................         7,983,000
Recommended, 2019.....................................        13,000,000
Comparison:
    Appropriation, 2018...............................        +2,500,000
    Budget estimate, 2019.............................        +5,017,000
 

    The Central Utah Project Completion Act (CUPCA) (titles II-
VI of P.L. 102-575) provides for the completion of the Central 
Utah Project by the Central Utah Water Conservancy District. 
The Act also authorizes the appropriation of funds for fish, 
wildlife, and recreation mitigation and conservation; 
establishes an account in the Treasury for the deposit of these 
funds and of other contributions for mitigation and 
conservation activities; and establishes a Utah Reclamation 
Mitigation and Conservation Commission to administer funds in 
that account. The Act further assigns responsibilities for 
carrying out the Act to the Secretary of the Interior and 
prohibits delegation of those responsibilities to the Bureau of 
Reclamation.
    The Committee recommendation includes a total of 
$15,000,000 for the Central Utah Project Completion Account, 
which includes $12,703,325 for Central Utah Project 
construction, $898,000 for transfer to the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission, and 
$1,398,675 for necessary expenses of the Secretary of the 
Interior.

                         Bureau of Reclamation


                              INTRODUCTION

    The mission of the Bureau of Reclamation (Reclamation) is 
to manage, develop, and protect water and related resources in 
an environmentally and economically sound manner in the 
interest of the American public. Since its establishment by the 
Reclamation Act of 1902, the Bureau of Reclamation has 
developed water supply facilities that have contributed to 
sustained economic growth and an enhanced quality of life in 
the western states. Lands and communities served by Reclamation 
projects have been developed to meet agricultural, tribal, 
urban, and industrial needs. Reclamation continues to develop 
authorized facilities to store and convey new water supplies 
and is the largest supplier and manager of water in the 17 
western states. Reclamation maintains 338 reservoirs with the 
capacity to store 245 million acre-feet of water.
    As Reclamation's large impoundments and appurtenant 
facilities reach their design life, the projected cost of 
operating, maintaining, and rehabilitating Reclamation 
infrastructure continues to grow, yet Reclamation has not 
budgeted funding sufficient to implement a comprehensive 
program to reduce its maintenance backlog. At the same time, 
Reclamation is increasingly relied upon to provide water supply 
to federally-recognized Indian Tribes through water 
settlements, rural communities through its Title I Rural Water 
Program, and municipalities through its Title XVI Water 
Reclamation and Reuse Program. Balancing these competing 
priorities will be challenging and requires active 
participation and leadership on the part of Reclamation and its 
technical staff.
    Reconsultation.--The Committee is aware that the Bureau of 
Reclamation initiated reconsultation on the biological opinions 
regarding the coordinated operations of the Central Valley 
Project and the California State Water Project. The Committee 
directs the Secretary of the Interior, acting through the 
Commissioner of Reclamation, in conjunction with the Director 
of the Fish and Wildlife Service (FWS), the Secretary of 
Commerce, and the Administrator of the National Marine 
Fisheries Service (NMFS), to ensure completion of the 
biological opinions by May 31, 2020, consistent with Section 
4004 of the WIIN Act. Furthermore, the Committee requests the 
Secretary of the Interior submit to Congress a timeline and 
plan for the deployment of resources and staff to ensure the 
biological opinions are completed by the above date, as well as 
regular subsequent updates until the biological opinions are 
finalized. In addition, given the complexities surrounding this 
issue, the Committee strongly encourages the Secretary of the 
Interior to work with the Secretary of Commerce to develop a 
joint biological opinion, to the extent practicable, to 
minimize conflicts between potential reasonable and prudent 
alternatives/measures imposed by a biological opinion issued by 
FWS and a biological opinion imposed by NMFS.
    In its notice of intent dated December 29, 2017, the Bureau 
of Reclamation stated the purpose of this reconsultation is 
``to evaluate alternatives that maximize water deliveries and 
optimize marketable power generation consistent with applicable 
laws, contractual obligations, and agreements; and to augment 
operational flexibility by addressing the status of listed 
species.'' The Committee supports these objectives.

      FISCAL YEAR 2019 BUDGET REQUEST AND COMMITTEE RECOMMENDATION

    The fiscal year 2019 budget request for the Bureau of 
Reclamation totals $1,049,025,000. The Committee recommendation 
totals $1,540,000,000, $70,500,000 above fiscal year 2018 and 
$490,975,000 above the budget request.
    A table summarizing the fiscal year 2018 enacted 
appropriation, the fiscal year 2019 budget request, and the 
Committee recommendation is provided below:

                         (Dollars in thousands)
------------------------------------------------------------------------
                                     FY 2018      FY 2019
             Account                 enacted      request     Cmte rec.
------------------------------------------------------------------------
Water and Related Resources......   $1,332,124     $891,017   $1,381,992
Central Valley Project                  41,376       62,008       62,008
 Restoration Fund................
California Bay-Delta Restoration.       37,000       35,000       35,000
Policy and Administration........       59,000       61,000       61,000
                                  --------------------------------------
    Total, Bureau of Reclamation.    1,469,500    1,049,025    1,540,000
------------------------------------------------------------------------

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2018...................................    $1,332,124,000
Budget estimate, 2019.................................       891,017,000
Recommended, 2019.....................................     1,381,992,000
Comparison:
    Appropriation, 2018...............................       +49,868,000
    Budget estimate, 2019.............................      +490,975,000
 

    The Water and Related Resources account supports the 
development, construction, management, and restoration of water 
and related natural resources in the 17 western states. The 
account includes funds for operating and maintaining existing 
facilities to obtain the greatest overall levels of benefits, 
to protect public safety, and to conduct studies on ways to 
improve the use of water and related natural resources.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Central Valley Project, San Luis Unit, California.--The 
Committee is aware that Reclamation and the Western Area Power 
Administration are evaluating the possible construction of a 
transmission line to directly serve the San Luis Unit from the 
Central Valley Project system as an alternative to receiving 
service under the California Independent System Operator's 
Tariff. The agencies are encouraged to continue to work 
together and with the affected Central Valley Project water 
contractors to ensure the most efficient and cost-effective 
process for implementation.
    Salton Sea, California.--The Committee supports the 
Memorandum of Understanding signed between the Department of 
the Interior and the California Natural Resources Agency to 
support management activities at the Salton Sea.
    Tualatin Project, Scoggins Dam, Oregon.--The Committee 
supports the budget request for preconstruction activities at 
Scoggins Dam under the Safety of Dams program. Consistent with 
existing authorities, the Committee encourages Reclamation to 
evaluate alternatives, including new or supplementary works, to 
address dam safety modifications and increased storage capacity 
provided that safety remains the paramount consideration. 
Considering the high risk associated with Scoggins Dam, the 
Committee urges Reclamation to work with local stakeholders and 
repayment contractors on this joint project, including 
feasibility and environmental review of the preferred 
alternative. The Committee has been told that a replacement 
structure downstream could significantly reduce project costs 
for both the federal government and local stakeholders. 
Reclamation may accept contributed funds from non-federal 
contractors to expedite completion of any level of review.
    Mni Wiconi Project, South Dakota.--Reclamation is directed 
to continue working with the Tribes and relevant federal 
agencies, such as the Department of Agriculture, the 
Environmental Protection Agency, the Bureau of Indian Affairs, 
the Indian Health Service, and the Department of Housing and 
Urban Development, to coordinate use of all existing 
authorities and funding sources to finish needed community 
system upgrades and connections, as well as any transfers of 
those systems, as quickly as possible. The Administration is 
encouraged to include appropriate funding for upgrades in 
future budget requests.
    Yakima River Basin Water Enhancement Project Integrated 
Plan, Washington.--The Committee is aware of the Integrated 
Plan that has been developed by the Yakima River Basin Water 
Enhancement Project Working Group, including the Bureau of 
Reclamation, to address water storage and water supply needs 
for agriculture, fish, and municipalities within the Yakima 
River Basin in Central Washington. The Committee is supportive 
of the Plan and encourages the Bureau to move forward on 
implementing authorized components of the Plan.
    Additional Funding for Water and Related Resources Work.--
The recommendation includes funds in addition to the budget 
request for Water and Related Resources studies, projects, and 
activities. Priority in allocating these funds should be given 
to advance and complete ongoing work, including preconstruction 
activities and where environmental compliance has been 
completed; improve water supply reliability; improve water 
deliveries; enhance national, regional, or local economic 
development; promote job growth; advance tribal and nontribal 
water settlement studies and activities; or address critical 
backlog maintenance and rehabilitation activities. Of the 
additional funding provided under the heading ``Water 
Conservation and Delivery'', $134,000,000 shall be for water 
storage projects as authorized in section 4007 of Public Law 
114-322.
    Not later than 45 days after the enactment of this Act, 
Reclamation shall provide to the Committees on Appropriations 
of both Houses of Congress a report delineating how these funds 
are to be distributed, in which phase the work is to be 
accomplished, and an explanation of the criteria and rankings 
used to justify each allocation.
    Reclamation is reminded that activities authorized under 
Indian Water Rights Settlements and under section 206 of Public 
Law 113-235 are eligible to compete for the additional funding 
provided under ``Water Conservation and Delivery''.
    Research and Development: Desalination and Water 
Purification Program.--Of the funding provided for this 
program, $12,000,000 shall be for desalination projects as 
authorized in section 4009(a) of Public Law 114-322.
    WaterSMART Program: Title XVI Water Reclamation & Reuse 
Program.--Of the funding provided for this program, $20,000,000 
shall be for water recycling and reuse projects as authorized 
in section 4009(c) of Public Law 114-322.
    Hydroelectric Dams.--The Committee has heard concerns about 
potential impacts to rural communities from proposals to remove 
hydropower-producing dams. The Committee directs that where 
Reclamation has a role in funding, carrying out, or approving 
the removal of a hydropower-producing dam, Reclamation shall, 
prior to taking any such action, study the environmental and 
fiscal impact of dam removal on the county or counties where 
the dams are located.
    WIIN Act Studies.--The Committee encourages Reclamation to 
continue to make progress on studies authorized in the WIIN 
Act.

                CENTRAL VALLEY PROJECT RESTORATION FUND

 
 
 
Appropriation, 2018...................................       $41,376,000
Budget estimate, 2019.................................        62,008,000
Recommended, 2019.....................................        62,008,000
Comparison:
    Appropriation, 2018...............................       +20,632,000
    Budget estimate, 2019.............................             - - -
 

    This fund was established to carry out the provisions of 
the Central Valley Project Improvement Act and to provide 
funding for habitat restoration, improvement and acquisition, 
and other fish and wildlife restoration activities in the 
Central Valley area of California. Resources are derived from 
donations, revenues from voluntary water transfers and tiered 
water pricing, and Friant Division surcharges. The account also 
is financed through additional mitigation and restoration 
payments collected on an annual basis from project 
beneficiaries.
    Within available funds, the Committee provides funding for 
programs and activities according to the Administration's 
request. The Committee notes that the increase for this account 
in the budget request and recommendation is based on a three-
year rolling average of collections, in accordance with the 
authorizing statute.
    Anadromous Fish Screen Program.--The Committee has heard 
concerns about a potential disconnect between funding levels 
requested and ultimately allocated for the Anadromous Fish 
Screen Program. Reclamation is directed to submit to the 
Committees on Appropriations of both Houses of Congress not 
later than 90 days after the enactment of this Act, an account 
of the Anadromous Fish Screen Program funding level requested, 
allocated, and obligated, including specification of any 
administrative costs, from each funding source in each of the 
previous five fiscal years. The Committee encourages 
Reclamation to continue its focus on screening of the remaining 
high priority diversions from within funds made available under 
the Central Valley Project Restoration Fund in future budget 
requests.

                    CALIFORNIA BAY-DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2018...................................       $37,000,000
Budget estimate, 2019.................................        35,000,000
Recommended, 2019.....................................        35,000,000
Comparison:
    Appropriation, 2018...............................        -2,000,000
    Budget estimate, 2019.............................             - - -
 

    The California Bay-Delta Restoration account funds the 
federal share of water supply and reliability improvements, 
ecosystem improvements, and other activities being developed 
for the Sacramento-San Joaquin Delta and associated watersheds 
by a state and federal partnership (CALFED). Federal 
participation in this program was initially authorized in the 
California Bay-Delta Environmental and Water Security Act 
enacted in 1996.

                       POLICY AND ADMINISTRATION

 
 
 
Appropriation, 2018...................................       $59,000,000
Budget estimate, 2019.................................        61,000,000
Recommended, 2019.....................................        61,000,000
Comparison:
    Appropriation, 2018...............................        +2,000,000
    Budget estimate, 2019.............................             - - -
 

    The Policy and Administration account provides for the 
executive direction and management of all Reclamation 
activities, as performed by the Commissioner's office in 
Washington, D.C.; the Technical Service Center in Denver, 
Colorado; and in five regional offices. The Denver and regional 
offices charge individual projects or activities for direct 
beneficial services and related administrative and technical 
costs. These charges are covered under other appropriations.
    The Committee recommends that Reclamation work with all 
Reclamation states to ensure that counties and municipalities 
are aware of relevant programs and funding opportunities.

                        ADMINISTRATIVE PROVISION

    The bill includes an administrative provision allowing for 
the purchase of passenger motor vehicles.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    The bill continues a provision regarding the circumstances 
in which the Bureau of Reclamation may reprogram funds.
    The bill continues a provision regarding the San Luis Unit 
and Kesterson Reservoir in California.
    The bill makes permanent a provision regarding aquifer 
recharge.
    The bill continues a provision regarding a feasibility 
study.
    The bill includes a provision regarding the San Joaquin 
River Restoration program.
    The bill continues a provision regarding instream flows.
    The bill includes a provision regarding pumped storage 
hydropower development.

                    TITLE III--DEPARTMENT OF ENERGY


                              Introduction

    Funds recommended in Title III provide for all Department 
of Energy (DOE) programs, including Energy Efficiency and 
Renewable Energy; Cybersecurity, Energy Security, and Emergency 
Response; Electricity Delivery; Nuclear Energy; Fossil Energy 
Research and Development; Naval Petroleum and Oil Shale 
Reserves; the Strategic Petroleum Reserve; SPR Petroleum 
Account; the Northeast Home Heating Oil Reserve; the Energy 
Information Administration; Non-Defense Environmental Cleanup; 
the Uranium Enrichment Decontamination and Decommissioning 
Fund; Science; Nuclear Waste Disposal; Advanced Research 
Projects Agency---Energy; Innovative Technology Loan Guarantee 
Program; Advanced Technology Vehicle Manufacturing Loans 
Program; Tribal Energy Loan Guarantee Program; Departmental 
Administration; Office of the Inspector General; the National 
Nuclear Security Administration (Weapons Activities, Defense 
Nuclear Nonproliferation, Naval Reactors, and Federal Salaries 
and Expenses); Defense Environmental Cleanup; Other Defense 
Activities; Defense Nuclear Waste Disposal; the Power Marketing 
Administrations; and the Federal Energy Regulatory Commission.

                        Committee Recommendation

    The Department of Energy has requested a total budget of 
$30,146,071,000 in fiscal year 2019 to fund programs in its 
four primary mission areas: science, energy, environment, and 
national security. The Department of Energy budget request is 
$4,373,978,000 below the fiscal year 2018 enacted level.
    Research and Development Policy.--The President's budget 
request proposes to refocus the Department on an early-stage 
research and development mission. Early-stage research and 
development has an appropriate place in a balanced research 
portfolio. However, the Committee believes that a focus on only 
early-stage activities will forego the nation's scientific 
capabilities in medium- and later-stage research and 
development and may not fully realize the technological 
advancements possible under the Department's applied energy 
activities. The Committee provides funding to support a more 
comprehensive approach that includes medium and later-stage 
research, development, deployment, and demonstration 
activities. The Department is expected to follow this 
comprehensive approach and expend funding in an expeditious 
manner, to include the issuance of funding opportunity 
announcements and awards of funds.
    Electricity Delivery and Energy Reliability.--The Committee 
notes that the budget request proposed to split the Electricity 
Delivery and Energy Reliability program into two new accounts: 
``Cybersecurity, Energy Security, and Emergency Response'' and 
``Electricity Delivery''. The Committee accepts this new 
account structure. The ``Cybersecurity, Energy Security, and 
Emergency Response'' account includes the subprograms 
``Cybersecurity for Energy Delivery Systems'' and 
``Infrastructure Security and Energy Restoration''. The 
``Electricity Delivery'' account contains all other subprograms 
that were previously funded as part of the Electricity Delivery 
and Energy Reliability program. In addition, each account 
contains separate Program Direction funding.

                        CONGRESSIONAL DIRECTION

    Article I, section 9 of the United States Constitution 
states, ``No money shall be drawn from the Treasury but in 
consequence of Appropriations made by law.''
    The Committee continues the Department's reprogramming 
authority in statute to ensure that the Department carries out 
its programs consistent with congressional direction. This 
reprogramming authority is established at the program, project, 
or activity level, whichever is the most specific level of 
budget items identified in this Act and the Committee report 
accompanying the Act. The Committee also prohibits new starts 
through the use of reprogramming and includes other direction 
to improve public oversight of the Department's actions. In 
addition, the recommendation continues a general provision 
specifying which transfer authorities may be used for accounts 
funded by this Act. The Committee recommendation includes a 
general provision that specifies the amount of funding that may 
be transferred from the Department's accounts to the DOE 
working capital fund in aggregate, consistent with the 
authorities provided by section 653 of the Department of Energy 
Organization Act (42 U.S.C. 7263).

                   FINANCIAL REPORTING AND MANAGEMENT

    The Department still is not in compliance with its 
statutory requirement to submit to Congress, at the time that 
the President's budget request is submitted, a future-years 
energy program that covers the fiscal year of the budget 
submission and the four succeeding years, as directed in the 
fiscal year 2012 Act. In addition, the Department has an 
outstanding requirement to submit a plan to become fully 
compliant with this requirement.
    Working Capital Fund.--The Committee recommends 
$274,833,000, the same as fiscal year 2018, for transfers to 
the fund in fiscal year 2019, after accounting for the shift of 
CyberOne activities to Departmental Administration. Guidelines 
for the Department's working capital fund are provided in 42 
U.S.C. 7263, which authorizes the use of the working capital 
fund for expenses necessary for the maintenance and operation 
of common administrative services. The use of the fund for 
cybersecurity is not specifically authorized and is not 
appropriate considering direct funding is also requested and 
appropriated within funds for the Chief Information Officer 
within Departmental Administration. The Department shall 
include all funding required for CyberOne and other related 
cybersecurity needs in its budget request for Departmental 
Administration in future budget requests.
    Alleviation of Poverty.--In its fiscal year 2016 report, 
the Committee directed the Department to provide a report 
detailing all domestic and international projects and programs 
within its jurisdiction that contribute to the alleviation of 
poverty. The Department is encouraged to provide this report 
not later than 90 days after the enactment of this Act.
    Workplace Diversity.--The Committee recognizes the 
importance of workplace diversity in the Department of Energy's 
national laboratories. The Committee encourages the Department 
to continue to develop and broaden partnerships with minority 
serving institutions, including Hispanic Serving Institutions, 
Historically Black Colleges and Universities, Asian and Pacific 
Islander Serving Institutions, Predominantly Black 
Institutions, Tribal Colleges, and other Minority Serving 
Institutions. The Committee notes that the fiscal year 2017 Act 
directed the Department to provide a detailed plan outlining 
efforts to recruit and retain diverse talent from the 
institutions mentioned above. The Department is encouraged to 
provide this plan not later than 90 days after the enactment of 
this Act.
    Public Access Plan.--The Committee appreciates the 
Department issuing its Public Access Plan on July 24, 2014. The 
Committee urges the Department to continue efforts towards full 
implementation of the plan and expects an update on progress be 
included in the fiscal year 2020 budget request.
    Improper Payments.--The Committee continues to be concerned 
that the Department is failing in its responsibility to ensure 
that its maintenance and operating contracts with incurred 
costs valued at billions of dollars per year are being audited 
appropriately and in a timely manner. The Department was 
directed in the fiscal year 2015 Act to carry out a plan to 
improve its cost audit coverage, but has not reported any 
progress on issues identified by the DOE Inspector General (IG) 
associated with the Department's cost audit coverage. The DOE 
IG continues to track nearly a billion dollars in potentially 
unallowable and unresolved amounts on DOE contracts. In May 
2017, the Government Accountability Office (GAO) found that DOE 
does not use leading practices for managing fraud risks, such 
as data analytics, that can help agencies detect fraudulent 
spending or other improper payments. The GAO made six 
recommendations that remain open. Nevertheless, the Department 
claims that it had an industry leading low improper payment 
rate of 0.07% for fiscal year 2015, far below the government-
wide improper payment rate of 4.8%. In claiming this figure, 
the Department is clearly not accounting for payments that it 
has simply failed to audit and resolve. It is also not evident 
that the Department is capturing data on payments made to its 
contractors that are later determined to be an unallowable 
cost. The Committee directs the Comptroller General to 
investigate the Department's system of tracking unallowable, 
disputed, or improper payments and provide recommendations to 
improve the Department's methodology for reporting accurate, 
representative, and meaningful data on improper payments. 
Furthermore, the Department is directed to provide to the 
Committees on Appropriations of both Houses of Congress not 
later than 90 days after the enactment of this Act a plan for 
removing the Department of Energy from the GAO's High Risk List 
for Fraud, Waste, and Abuse for its maintenance and operating 
contracts. This plan shall include actions to improve contract 
auditing and the tracking of meaningful data for fraud, waste, 
and abuse in its contracts.
    Supporting Information.--The Committee relies on a timely 
and accessible executive branch in the course of fulfilling its 
constitutional role in the appropriations process. The 
requesting and receiving of basic, factual information is vital 
in order to maintain a transparent and open governing process. 
The Committee recognizes that some discussions internal to the 
executive branch are pre-decisional in nature and, therefore, 
not subject to disclosure. However, access to facts, figures, 
and statistics that inform these decisions are not subject to 
this same sensitivity and are critical to the budget process. 
The Administration needs to ensure timely and complete 
responses to these inquiries.

           MANAGEMENT OF SPENT NUCLEAR FUEL AND DEFENSE WASTE

    The Committee fully supports the Administration's position 
to move forward with Yucca Mountain. The Department, together 
with the Nuclear Regulatory Commission (NRC), has repeatedly 
confirmed over the years that Yucca Mountain is a safe and 
secure location to permanently store the nation's spent nuclear 
fuel and high-level radioactive waste. However, many more steps 
remain before Yucca Mountain begins to accept waste. The 
Department's request restarts this process and brings the 
Department closer to fulfilling its legal obligation to take 
responsibility for storing the nation's nuclear waste. The 
Committee appreciates the Department's focus on Yucca Mountain 
and provides additional funds above the budget request to 
accelerate progress toward meeting the Department's goals.
    To restart the adjudication of the Yucca Mountain license 
application, the Committee provides a total of $267,700,000, an 
increase of $100,000,000 above the budget request. Funding for 
Yucca is provided in the following three accounts: $190,000,000 
for Nuclear Waste Disposal, $30,000,000 for Defense Nuclear 
Waste Disposal, and $47,700,000 within the NRC.

                        COMMONLY RECYCLED PAPER

    The Department shall not expend funds for projects that 
knowingly use as a feedstock commonly recycled paper that is 
segregated from municipal solid waste or collected as part of a 
collection system that commingles commonly recycled paper with 
other solid waste at any point from the time of collection 
through materials recovery.

                         EDUCATIONAL ACTIVITIES

    The Department is prohibited from funding fellowship and 
scholarship programs in fiscal year 2019 unless the programs 
were explicitly included in the budget justification or funded 
within this recommendation. Any new or ongoing programs that 
the Department chooses to fund in fiscal year 2019 must be 
detailed in the fiscal year 2019 budget justifications.

                           PROJECT MANAGEMENT

    The Committee notes that the Department is not meeting its 
statutory annual reporting requirements for its general plant 
projects. In addition, the Department has not been consistently 
reporting the details of its general plant projects across 
Departmental programs in its budget request. Not later than 60 
days after the enactment of this Act, the Department shall 
provide to the Committees on Appropriations of both Houses of 
Congress a report on all general plant projects funded in 
fiscal years 2017, 2018, and 2019. The Department shall ensure 
that all general plant projects are clearly identified in the 
appropriate sections of its fiscal year 2020 budget request and 
that a full description with total costs is included for each 
project.

                 REPROGRAMMING AND TRANSFER GUIDELINES

    The Committee requires the Department to inform the 
Committee promptly when a change in program execution and 
funding is required during the fiscal year. The Department's 
reprogramming requirements are detailed in statute. To assist 
the Department in this effort, the following guidance is 
provided for programs and activities.
    Definition.--A reprogramming includes the reallocation of 
funds from one activity to another within an appropriation. The 
recommendation includes a general provision providing internal 
reprogramming authority to the Department, as long as no 
program, project, or activity is increased or decreased by more 
than $5,000,000 or 10 percent, whichever is less, compared to 
the levels in the table detailing the Committee's 
recommendations for the Department's various accounts. For 
construction projects, a reprogramming constitutes the 
reallocation of funds from one construction project to another 
project or a change of $2,000,000 or 10 percent, whichever is 
less, in the scope of an approved project.
    Criteria for Reprogramming.--A reprogramming should be made 
only when an unforeseen situation arises, and then only if 
delay of the project or activity until the next fiscal year 
would result in a detrimental impact to an agency program or 
priority. A reprogramming may also be considered if the 
Department can show that significant cost savings can accrue by 
increasing funding for an activity. Mere convenience or 
preference should not be a factor for consideration. A 
reprogramming may not be employed to initiate new programs or 
to change program, project, or activity allocations 
specifically denied, limited, or increased by the Congress in 
the Act or report.
    Reporting and Approval Procedures.--In recognition of the 
security missions of the Department, the legislative guidelines 
allow the Secretary and the Administrator of the National 
Nuclear Security Administration jointly to waive the 
reprogramming restriction by certifying to the Committees on 
Appropriations of both Houses of Congress that it is in the 
nation's security interest to do so. The Department shall not 
deviate from the levels for activities specified in the report 
that are below the level of the detail table, except through 
the regular notification procedures of the Committee. No funds 
may be added to programs for which funding has been denied. Any 
reallocation of new or prior-year budget authority or prior-
year de-obligations, or any request to implement a 
reorganization that includes moving previous appropriations 
between appropriations accounts must be submitted to the 
Committees on Appropriations of both Houses of Congress in 
writing and may not be implemented prior to approval by the 
Committees.
    Transfers.--As in fiscal year 2018, funding actions into or 
out of accounts funded by this Act may only be made by transfer 
authorities provided by this or other appropriations Acts.

                       COMMITTEE RECOMMENDATIONS

    The Committee's recommendations for Department of Energy 
programs in fiscal year 2019 are described in the following 
sections. A detailed funding table is included at the end of 
this title.

                            ENERGY PROGRAMS


                 Energy Efficiency and Renewable Energy


 
 
 
Appropriation, 2018...................................    $2,321,778,000
Budget estimate, 2019.................................       695,610,000
Recommended, 2019.....................................     2,078,640,000
Comparison:
    Appropriation, 2018...............................      -243,138,000
    Budget estimate, 2019.............................    +1,383,030,000
 

    Energy Efficiency and Renewable Energy (EERE) programs 
include research, development, demonstration, and deployment 
activities advancing energy efficiency and renewable energy 
technologies, as well as federal energy assistance programs. 
The EERE program is divided into three portfolios: sustainable 
transportation, renewable energy, and energy efficiency. The 
sustainable transportation portfolio, which consists of the 
vehicles, bioenergy, and hydrogen and fuel cell programs, 
advances the development of plug-in electric and other 
alternative fuel vehicles, high-efficiency advanced combustion 
engines, and the replacement of oil with clean domestic 
transportation fuels. The renewable energy portfolio, which 
consists of the solar, wind, water, and geothermal programs, 
aims to develop innovative technologies to make renewable 
electricity generation cost competitive with traditional 
sources of energy. The energy efficiency portfolio, which 
consists of the advanced manufacturing, buildings, and federal 
energy assistance programs, seeks cost-effective solutions to 
reduce energy consumption in plants, buildings, and homes.
    The Committee encourages EERE to offer technical and other 
programmatic assistance to the Commonwealth of Puerto Rico to 
support investment in innovative technologies to effectively 
reduce power system emissions, efficiently treat wastewater, 
produce biofuels, and generate power from solid waste. In 
addition, the Committee also encourages EERE to assist Puerto 
Rico in assessing the viability and implementation of a subsea 
electric cable interconnection and the use of micro grids in 
order to reduce electricity rates.
    The Committee recognizes the importance of the Department's 
work on the Energy-Water Nexus and as part of that effort, the 
Committee encourages the Department to enter into an 
interdepartmental agreement with the Department of Agriculture 
for research that explores how to integrate ongoing research 
projects at the various national laboratories and the 
Agricultural Research Service to develop effective, deployable, 
energy- and water-efficient food production platforms, 
beginning in food-insecure communities across the country. By 
working together, DOE and the Department of Agriculture can 
bring respective strengths and resources to designing the most 
desirable low-cost and efficient production system.
    Zero Emissions Energy Credit.--The Committee notes that in 
the fiscal year 2018 Act the Department was directed to produce 
a report to evaluate the effects of a Zero Emissions Energy 
Credit. The Committee expects a timely delivery of the report.
    Energy Star.--The Committee supports the Department's 
ongoing role in the Energy Star program and its current 
structure. In November 2017, the Environmental Protection 
Agency (EPA) requested feedback from Energy Star program 
stakeholders about how to improve the program by developing 
updated standard operating procedures (SOPs). The Department is 
directed to support the EPA's efforts to reexamine Energy Star 
guidelines and SOPs to ensure transparency, predictability, and 
consistency for all stakeholders.

                       SUSTAINABLE TRANSPORTATION

    The Vehicle, Bioenergy, and Hydrogen and Fuel Cell 
Technologies programs fund activities that can reduce American 
exposure to future high oil prices. Research into cutting-edge 
technologies that will increase the fuel economy of gasoline 
and diesel fuel vehicles--the vast majority of today's fleet 
will allow Americans to spend less on fuel while traveling the 
same distance. Research into next-generation automotive and 
fuel cell technologies that power vehicles with domestic energy 
sources such as natural gas, electricity, biofuels, and 
hydrogen can likewise dramatically lower the impact of future 
high gas prices on Americans.
    Vehicle Technologies.--Within available funds, the 
recommendation includes $130,000,000 for Batteries and Electric 
Drive Technology, of which $7,000,000 is to enable extreme fast 
charging and advanced battery analytics; $25,000,000 for Energy 
Efficient Mobility Systems; $25,000,000 for Materials 
Technology; $2,500,000 for Advanced Vehicle Competitions; and 
$20,000,000 to continue the SuperTruck II program to further 
improve the efficiency of heavy-duty class 8 long- and 
regional-haul vehicles. The Committee also supports research 
and development to lower the cost of batteries for electric 
vehicles through cobalt-free materials and roll-to-roll 
manufacturing.
    The Committee directs the Department to continue to support 
the Clean Cities program, including providing competitive 
grants to support alternative fuel, infrastructure, and vehicle 
deployment activities. Within available funds, the 
recommendation provides $34,000,000 for Deployment through the 
Clean Cities Program. When issuing competitive grants in 
support of these activities, the Department is encouraged to 
focus on awards that range from $500,000 to $1,000,000 each and 
include at least one Clean Cities coalition partner. The 
Committee encourages the Department to ensure balance in the 
award of funds to achieve varied aims in fostering broader 
adoption of clean vehicles and installation of supporting 
infrastructure.
    Within available funds, the recommendation includes up to 
$15,000,000 for medium- and heavy-duty on-road natural gas 
engine research and development, including energy efficiency 
improvements, emission after-treatment technologies, fuel 
system enhancements, and new engine development. The 
recommendation also includes, within available funds, up to 
$10,000,000 to continue to support improving the energy 
efficiency of commercial off-road vehicles, including fluid 
power systems.
    The Committee is aware of the efforts to develop hyperloop 
transportation systems around the country, which have the 
potential to increase the energy efficiency of our nation's 
transportation system. The Committee directs the Department to 
provide to the Committees on Appropriations of both Houses of 
Congress not later than 180 days after the enactment of this 
Act a report that models the demands on the electric grid and 
the overall energy consumption of the transportation sector of 
varying levels of network penetration of an interconnected 
hyperloop system. The report should include information about 
how these systems could be integrated into the electric grid 
and identify any technological constraints of the grid that 
must be addressed to allow the broad adoption of hyperloop 
technologies.
    Bioenergy Technologies.--Within available funds, 
$27,000,000 is for feedstock supply and logistics, of which 
$14,000,000 is for the national lab consortium and $5,000,000 
is for upgrades at the Biomass Feedstock National User Facility 
to extend its capabilities and maximize benefits. The 
recommendation provides $32,000,000 for algal biofuels, of 
which $2,000,000 is for further research and development 
activities to support carbon capture from the atmosphere 
(ambient air) using algae-to-energy technologies.
    Within available funds for Conversion Technologies, the 
recommendation provides $20,000,000 to continue the Agile 
Biology Foundry and $5,000,000 to improve the efficiency of 
community and smaller digesters that accept both farm and food 
wastes.
    The Committee is appreciative of research the Bioenergy 
Technologies Office has supported regarding wet and gaseous 
waste streams in waste-to-energy projects. The Committee is 
interested in understanding how further research and 
development activities can support baseload power generation 
using municipal solid waste-to-energy technologies. The 
Department is reminded that the fiscal year 2018 Act required, 
not later than 180 days after the enactment of that Act, a 
report on research and development activities that can improve 
the economic viability of municipal solid waste-to-energy 
facilities.
    Hydrogen and Fuel Cell Technologies.--Within available 
funds, $2,000,000 is for the EERE share of the integrated 
hybrid energy systems work with the Office of Nuclear Energy 
and $7,000,000 is to enable integrated energy systems using 
high and low temperature electrolyzers with the intent of 
advancing the H2@Scale concept.
    The Committee recognizes the progress of the program and 
continues support for stationary, vehicle, motive, and portable 
power applications of this technology. The Department is 
encouraged to explore technologies that advance novel onboard 
hydrogen tank systems and trailer delivery systems, and that 
reduce the cost and improve the performance of hydrogen 
generation and storage systems. The Department is encouraged to 
work with the Department of Transportation on coordinating 
supporting hydrogen fueling infrastructure.
    The Committee recognizes the need to support the 
development of alternative fueling infrastructure for U.S. 
consumers. Accordingly, the Department is encouraged to 
collaborate with the National Institute of Standards and 
Technology to allow accurate measurement of hydrogen at fueling 
stations.

                            RENEWABLE ENERGY

    The Solar Energy, Wind Energy, Water Power, and Geothermal 
Technologies programs fund applied research, development, and 
demonstration to reduce the cost of renewable energy to 
economically competitive levels. Research into innovative 
technologies, such as photovoltaic and concentrating solar 
technologies, offshore wind, hydropower, and ground heat, can 
expand energy production from our domestic resources and reduce 
our dependence on foreign oil.
    Solar Energy.--The Committee encourages the Department to 
research high efficiency thin-film photovoltaics and processes 
for high-speed, low-cost processing to produce stable materials 
on flexible substrates that can be used in residential and 
commercial power and be integrated into buildings, vehicles, 
and food production. Research programs are encouraged to 
include cooperation between industry and academia and to 
include advanced optical characterization that enables 
development of strong correlations between materials, cell 
optical properties, and the photovoltaic power performance of 
the working solar cells. The Committee also encourages the 
Department to find ways to expand access to solar energy to 
residences and businesses in low-income communities.
    The Committee encourages the Department to prioritize 
research that seeks to improve photovoltaic cell technologies, 
overcome grid integration challenges, and reduce the costs of 
solar adoption.
    Wind Energy.--Within available funds, the recommendation 
provides up to $5,000,000 for LCOE reduction, domestic 
manufacturing, and lowering market barriers for distributed 
wind systems, including small wind for rural homes and farms. 
The recommendation provides $1,000,000 for the Wind for Schools 
program.
    The Committee supports wind energy research, development, 
and testing activities at the Department and recommends not 
less than $7,000,000 for these activities. The Department is 
encouraged to allocate this funding to perform experimental 
testing, including aeroacoustics, and any required equipment 
and instrumentation, to validate high-fidelity wind plant 
models, and to develop wind plant controls in support of the 
Department's Atmosphere to Electrons (A2e) initiative. The 
Department is encouraged to leverage existing partnerships and 
expand research collaboration with industry, national 
laboratories, and academia, especially in the areas of hybrid 
wind system control and optimization, wind turbine capability 
enhancement to increase grid reliability and resilience, and 
R&D activities, including cyber security, under the guidance of 
the Grid Modernization Initiative.
    The Committee continues to support wind activities with 
large generation potential. As such, the Committee urges the 
Department to prioritize offshore wind technologies that 
address the unique opportunities and issues across the nation's 
waterways, such as high winds, icing, and deep water. In 
addition, the Committee encourages the Department to continue 
its work in advancing innovative technologies for offshore wind 
development, including freshwater, deepwater, shallow water, 
and transitional depth installations.
    The Committee supports the efforts by the Department to 
establish an offshore wind research and development consortium.
    Water Power.--Within available funds, the recommendation 
provides $59,000,000 for marine and hydrokinetic technology 
research, development, and deployment activities, including 
research into mitigation of marine ecosystem impacts of these 
technologies. The Committee directs the Department to continue 
development of the open-water wave energy test facility with 
previously provided funds. The Committee directs the Department 
to continue competitive solicitations to increase energy 
capture, reliability, and survivability at lower costs for a 
balanced portfolio of wave and current (ocean, river, tidal) 
energy conversion systems and components. The Committee expects 
the Department to continue to support collaborations between 
the previously designated Marine Renewable Energy Centers and 
the national laboratories, including personnel exchanges, to 
support research, development, and deployment of marine energy 
components and systems. In addition, the Department is directed 
to continue its coordination with the U.S. Navy on marine 
energy technology development for national security 
applications at the Wave Energy Test Site and other locations.
    The recommendation provides $26,000,000 for conventional 
hydropower, of which $6,600,000 is for the purposes of section 
242 of the Energy Policy Act of 2005. Within available funds 
for hydropower, $10,000,000 is recommended for a competitive 
funding opportunity for industry-led research, development and 
deployment of cross-cutting energy converter technologies for 
run-of-river and tailrace applications to better utilize 
underdeveloped low-head and other hydropower resources.

                           ENERGY EFFICIENCY

    The Advanced Manufacturing, Building Technologies, Federal 
Energy Management, and Weatherization and Intergovernmental 
programs advance cost-effective solutions to reduce energy 
consumption through increased efficiency. Research into 
cutting-edge technologies that enhance manufacturing processes; 
develop advanced materials; and reduce energy use in buildings, 
homes, and factories can serve the national interest by greatly 
reducing our energy needs, while also giving American 
manufacturers an advantage to compete in the global 
marketplace.
    The Committee encourages the Department to plan a workshop 
to explore ways to improve the adoption rate of energy 
efficient technologies.
    Advanced Manufacturing.--Within available funds, the 
recommendation provides $80,000,000 for Advanced Manufacturing 
Research and Development Projects; not less than $4,205,000 for 
improvements in the steel industry; $20,000,000 for process 
informed science, design, and engineering of materials and 
devices operating in harsh environments; $5,000,000 for 
research into the materials and manufacturing process 
development of high-strength, light-weight nano-crystalline 
metal alloys; and $5,000,000 for process-informed catalyst 
science to direct chemical reactions in full-scale industrial 
manufacturing processes and to develop new industrial product 
applications.
    The recommendation provides $56,000,000 for four Clean 
Energy Manufacturing Innovation (CEMI) Institutes, $25,000,000 
for the Critical Materials Institute, and $20,000,000 for the 
Manufacturing Demonstration Facility (MDF) and the Carbon Fiber 
Test Facility. Within available funds for the MDF, up to 
$5,000,000 is for the development of additive systems and 
automation technologies that have the potential to deposit 
multiple materials allowing for hybrid material solutions. In 
addition, the Committee supports the Department's ongoing 
efforts to work on bio-based composites, bio-derived materials, 
and nano/microcellulose research. The Committee supports the 
budget request for Research and Development Consortia to 
conduct early-stage research and development in high priority 
areas and also supports early-stage research in materials, 
process knowledge, and applications of modeling and simulation 
relevant to energy in manufacturing. The recommendation 
provides no funding for the Energy-Water Desalination Hub.
    The Committee notes that drying processes consume 
approximately 10 percent of the process energy used in the 
manufacturing sector. The recommendation provides up to 
$10,000,000 to support research and development efforts to 
improve the efficiency of drying processes.
    Building Technologies.--The Committee encourages the 
Department to continue work on transactive controls for the 
integration of buildings, the grid, and renewable energy 
assets, including photovoltaics, and encourages the 
continuation of this work. Within available funds, the 
recommendation includes up to $25,000,000 for transactive 
controls research and development, of which $5,000,000 is to 
continue promoting regional demonstrations of new, utility-led 
residential connected communities for advancing smart grid 
systems; $28,000,000 for Commercial Buildings Integration; 
$23,000,000 for Residential Buildings Integration; and 
$25,000,000 for solid state lighting. If the Secretary finds 
solid-state lighting technology eligible for the twenty-first 
century lamp prize, specified under section 655 of the Energy 
Independence and Security Act of 2007, $5,000,000 is provided 
in addition to funds recommended for lighting research and 
development.
    Within the Residential Buildings Integration program, the 
Committee encourages the Department to support industry teams 
to facilitate research, demonstrate and test new systems, and 
facilitate widespread deployment through direct engagement with 
builders, the construction trades, equipment manufacturers, 
smart grid technology and systems suppliers, integrators, and 
State and local governments.
    The Committee appreciates the Department's work in the area 
of mass composite timber technology and high performance 
building insulation and sensor technologies.
    The Committee notes that natural gas plays an important 
role in meeting the energy needs of U.S. homes and commercial 
buildings. The Committee encourages the Department to explore 
research and development that can advance future natural gas 
systems and appliances to meet consumer demand for high 
efficiency and environmentally friendly products.
    The Committee recommends up to $20,000,000 for research, 
development, and market transformation programs on energy 
efficiency efforts related to the direct use of natural gas in 
residential applications, including gas heat pump heating and 
water heating, on-site combined heat and power, and natural gas 
appliance venting.
    The Committee urges the Department to examine how on-site 
renewable generation and energy efficiency measures can combine 
to meet state energy code objectives.
    Weatherization and Intergovernmental Programs.--The 
Committee directs the Department to prioritize a timely 
distribution of Weatherization Assistance Program funds. The 
Committee recognizes that many individuals who would otherwise 
be eligible for the Weatherization Assistance Program have 
homes with structural deficiencies which preclude them from 
participating. The Department is directed to provide to the 
Committees on Appropriations of both Houses of Congress a 
briefing on the kinds of information that is collected from 
grantees and the potential for collecting additional 
information that discusses the kinds of structural deficiencies 
that make homes ineligible for the program.

                           CORPORATE SUPPORT

    The Program Direction, Strategic Programs, and Facilities 
and Infrastructure budgets provide the necessary resources for 
program and project management across all of EERE's technology 
programs, for the adoption of technologies to market, and for 
the operation and upkeep of the National Renewable Energy 
Laboratory.
    Strategic Programs.--The Department is encouraged to work 
with 2-year, public community and technical colleges on job 
training programs that lead to an industry-recognized 
credential in the energy workforce.

         Cybersecurity, Energy Security, and Emergency Response


 
 
 
Appropriation, 2018...................................            $- - -
Budget estimate, 2019.................................        95,800,000
Recommended, 2019.....................................       146,000,000
Comparison:
    Appropriation, 2018...............................      +146,000,000
    Budget estimate, 2019.............................       +50,200,000
 

    The Cybersecurity, Energy Security, and Emergency Response 
program leads the Department's efforts to secure the nation's 
energy infrastructure against all hazards, reduce the risks of 
and impacts from cyber events, and assist with restoration 
activities. A reliable and resilient power grid is critical to 
the nation's economic competitiveness and leadership.
    After adjusting for the account structure changes proposed 
in the President's request, the recommendation is $49,971,000 
above the fiscal year 2018 enacted level for these activities.
    The Committee places a high priority on ensuring the 
protection of the grid against cyberattacks and extreme weather 
events. The Committee appreciates the Department's enhanced 
focus on these activities. Many different actors, governmental 
and private, play a role in preventing and responding to 
threats to the nation's energy infrastructure. The Committee 
expects the Department to continue coordinating its efforts 
with all stakeholders to ensure the highest priority areas are 
being addressed effectively in its ongoing efforts to protect 
the grid.
    Within available funds for Cybersecurity for Energy 
Delivery Systems, $10,000,000 is for research and development 
on concepts to simplify and isolate automated systems and 
remove vulnerabilities that could allow unauthorized access to 
the grid through digital software systems.

                          Electricity Delivery


 
 
 
Appropriation, 2018...................................            $- - -
Budget estimate, 2019.................................        61,309,000
Recommended, 2019.....................................       175,000,000
Comparison:
    Appropriation, 2018...............................      +175,000,000
    Budget estimate, 2019.............................      +113,691,000
 

    The Electricity Delivery program advances technologies and 
provides operational support to increase the efficiency and 
technological advancement of the nation's electricity delivery 
system. The power grid employs aging technologies at a time 
when power demands and the deployment of new intermittent 
technologies are imposing new stresses on the system. The 
Electricity Delivery program aims to develop a modern power 
grid by advancing resilient power distribution systems, 
intelligent and high-efficiency grid components, and energy 
storage systems.
    After adjusting for the account structure changes proposed 
in the President's request, the recommendation is $22,700,000 
above the fiscal year 2018 enacted level for these activities.
    Within available funds for Resilient Distribution Systems, 
$7,000,000 is provided for university-based research and 
development of sensing, intelligent machines in the Internet of 
Things and their integration into the utility grid. The 
Committee supports investments to bring together the national 
laboratories' micro grid capabilities to provide the most 
advanced set of micro grid research, development, and 
experimentation capabilities for developing grid solutions from 
fundamental research to evaluation, design, and decision 
support.
    The Committee supports energy storage projects that fully 
assess and demonstrate a portfolio of energy storage systems at 
grid relevant scales and maximize the value stream of these 
technologies to deliver tangible benefits across the 
operations, energy delivery, environmental, and financial 
sectors of the utility industry.
    Within available funds for Energy Storage, the Department 
is encouraged to launch a new initiative aimed at aggressively 
driving down costs and improving the performance of a diverse 
set of grid-scale storage technologies. The program will build 
off the Department's prior research and development efforts in 
storage; include a suite of technologies capable of providing 
storage-like functions; and focus R&D efforts on technical, 
regulatory, and market issues necessary to achieve both 
existing grid-scale storage cost and performance targets, as 
well as targets for increased grid reliability, resiliency, or 
others as appropriate. The Electricity Delivery program is 
urged to coordinate its efforts with the Office of Science and 
EERE to ensure this new initiative best leverages the storage 
work being conducted within the Basic Energy Sciences program 
of the Office of Science and programs within EERE where 
appropriate. Low cost grid-scale energy storage technologies 
are critical to improving grid resiliency, reliability, 
security, and the successful integration of a broad range of 
generation sources.
    The Committee notes the potential benefits that high power, 
high capacity batteries can provide for increased energy 
resilience in the face of adverse events and increasing 
deployments of intermittent technologies. The Department is 
directed to provide to the Committees on Appropriations of both 
Houses of Congress not later than 180 days after the enactment 
of this Act a report on the potential use of next generation, 
high capacity and high power batteries in our energy system.
    The Department is directed to continue the ongoing work 
between the national laboratories, industry, and universities 
to improve grid reliability and resiliency through the 
strategic goals of the Grid Modernization Initiative. The 
Committee encourages the Department to include all applied 
energy programs to ensure broad energy system resilience and 
modernization. In addition, the Committee supports the 
strategic goals of the Grid Modernization Laboratory Consortium 
and supports continued implementation of the Grid Multi-year 
Program Plan. The plan should include an emphasis on national 
grid resilience modeling and improved grid cyber resilience.
    The Committee is supportive of establishing a shared 
platform for understanding the interconnectedness of the North 
American grid, but lacks details on cost estimates for these 
efforts. The Department is directed to provide to the 
Committees on Appropriations of both Houses of Congress not 
later than 90 days after the enactment of this Act a report 
describing the activities and costs necessary to achieve a 
North American grid model. Within available funds the 
Department may build upon existing tools and modeling work done 
at the Department to explore a shared modeling platform across 
the national laboratories.
    The Committee supports the Department's involvement in the 
grid restoration effort in Puerto Rico and encourages the 
Department to continue to provide technical assistance as 
Puerto Rico works to rebuild its energy infrastructure. In 
addition, the Electricity Delivery program is encouraged to 
collaborate with EERE to offer assistance in assessing the 
viability and implementation of a subsea electric cable 
interconnection and the use of micro grids in order to reduce 
electricity rates.
    The Department is directed to provide to the Committees on 
Appropriations of both Houses of Congress not later than 180 
days after the enactment of this Act a report on the potential 
of dynamic line rating systems to address transmission 
congestion management and improve grid reliability and 
resiliency. The report should contain an analysis of the 
technologies needed to support dynamic line rating and any 
generation technologies that may benefit or be disadvantaged by 
implementing a dynamic line rating scheme.

                             Nuclear Energy


 
 
 
Appropriation, 2018...................................    $1,205,056,000
Budget estimate, 2019.................................       757,090,000
Recommended, 2019.....................................     1,346,090,000
Comparison:
    Appropriation, 2018...............................      +141,034,000
    Budget estimate, 2019.............................      +589,000,000
 

    Nuclear power generates approximately one-fifth of the 
nation's electricity and will continue to be an important base-
load energy source in the future. The Department of Energy's 
Nuclear Energy (NE) program invests in research, development, 
and demonstration activities that develop the next generation 
of clean and safe reactors, further improve the safety of our 
current reactor fleet, and contribute to the nation's long-term 
leadership in the global nuclear power industry.

                NUCLEAR ENERGY RESEARCH AND DEVELOPMENT

    Nuclear Energy Enabling Technologies.--Within available 
funds, $50,000,000 is for Crosscutting Technology Development, 
of which $10,000,000 is for work on advanced sensors and 
instrumentation and $10,000,000 is for hybrid energy systems; 
$50,000,000 is for the Nuclear Science User Facilities, of 
which $10,000,000 is for nuclear energy computation system and 
support; $40,000,000 is for Nuclear Energy Advanced Modeling 
and Simulation, of which $6,000,000 is for MW-scale reactor 
modeling and simulation; and $24,300,000 is for the Energy 
Innovation Hub. The Department is directed to continue to treat 
the Energy Innovation Hub and the Nuclear Energy Advanced 
Modeling and Simulation programs as separate funding 
activities.
    Integrated University Program.--The Committee recommends 
$5,000,000 to continue the Integrated University Program, which 
is critical to ensuring the nation's nuclear science and 
engineering workforce in future years.
    Reactor Concepts Research, Development, and 
Demonstration.--Within available funds, $100,000,000 is for 
Advanced Small Modular Reactor Research and Development to 
support technical, first-of-its-kind engineering and design and 
regulatory development of next generation light water and non-
light water small modular reactors, including $10,000,000 for 
seismic analysis; $155,000,000 is for Advanced Reactor 
Technologies, of which $34,000,000 is for fuel and graphite 
qualification, $22,000,000 is to complete the federal share of 
the two performance-based advanced reactor concepts, and 
$20,000,000 is for MW-scale reactor research and development; 
and $65,000,000 is for research and development to support 
efforts to develop a versatile fast test reactor. In support of 
the current fleet of reactors as they continue to ensure safe 
and reliable operations, the Committee includes $50,000,000 for 
the Light Water Reactor Sustainability program.
    The Department is encouraged to build upon the success of 
the advanced reactor concepts program and explore ways to 
support research and development that would enable non-light 
water reactor demonstrations by the mid to late 2020s.
    The Department shall continue to work with the National 
Aeronautics and Space Administration (NASA) to ensure an 
adequate supply of plutonium-238 is available for future NASA 
space exploration missions.
    Fuel Cycle Research and Development.--Within available 
funds, the recommendation provides $128,559,000 for the 
Advanced Fuels Program, of which not less than $55,600,000 is 
to continue the participation of three industry-led teams of 
the cost shared research and development program on Accident 
Tolerant Fuels; not less than $20,000,000 is to support 
accident tolerant fuels development at the national 
laboratories and other facilities, including at the Advanced 
Test Reactor, the Transient Reactor Test Facility, and the 
Halden reactor; $3,000,000 is to continue research on ceramic 
cladding; and $15,000,000 is for additional support of 
capability development of transient testing, including test 
design, modeling, and simulation. The Committee notes that 
continued operation of the Advanced Test Reactor, the Transient 
Reactor Test Facility, and the Halden Reactor are critical to 
the success of the Accident Tolerant Fuels program and should 
be preserved. Within available funds, the recommendation 
provides $50,000,000 for Material Recovery and Waste Form 
Development, of which $7,000,000 is for joint fuel cycle 
studies and up to $20,000,000 is for highly enriched uranium 
recovery preparation and testing to support needs for high 
assay low enriched uranium.
    The recommendation provides $62,500,000 to continue generic 
Used Nuclear Fuel Disposition research and development 
activities. The Department is directed to provide to the 
Committees on Appropriations of both Houses of Congress a 
report on how electromagnetic technologies can be used to 
remediate nuclear waste. The report shall evaluate the 
scientific basis for these technologies, the effects on nuclear 
waste and storage in the United States, the benefit to the 
nuclear power industry, and the implications for national 
security. The Committee is aware of the Department's ongoing 
research and development efforts regarding the safe 
transportation of spent nuclear fuel and encourages the 
Department to continue this important work to ensure that this 
fuel can be safely moved at the earliest opportunity.

                      IDAHO FACILITIES MANAGEMENT

    INL Operations and Infrastructure.--Within available funds, 
the recommendation includes $300,000,000 for INL Operations and 
Infrastructure to support the MFC and ATR Five-Year Plan to 
increase reliability and sustainability.

                 IDAHO SITEWIDE SAFEGUARDS AND SECURITY

    Idaho Sitewide Safeguards and Security.--Within available 
funds, the recommendation includes $10,000,000 to construct a 
protective forces building at the ATR complex that will meet 
the needs for expanded protective force and security operations 
under the Department's new Design Basis Threat but that will 
not exceed a total project cost of $10,000,000.

                 Fossil Energy Research and Development


 
 
 
Appropriation, 2018...................................      $726,817,000
Budget estimate, 2019.................................       502,070,000
Recommended, 2019.....................................       785,000,000
Comparison:
    Appropriation, 2018...............................       +58,183,000
    Budget estimate, 2019.............................      +282,930,000
 

    Fossil energy resources, such as coal, oil, and natural 
gas, generate approximately 63 percent of the nation's 
electricity and will continue to provide for the majority of 
our needs for the foreseeable future. The Fossil Energy 
Research and Development program funds research, development, 
and demonstration activities to improve existing technologies 
and to develop next-generation systems in the full spectrum of 
fossil energy areas. At a time when fossil fuel power 
generation is expanding around the globe, the activities funded 
within this program advance our nation's position as a leader 
in fossil energy technologies and ensure that we use the full 
extent of our domestic resources safely and efficiently.

                      COAL--CCS AND POWER SYSTEMS

    The Department is directed to use funds from Coal CCS and 
Power Systems for both coal and natural gas research and 
development as it determines to be merited, as long as such 
research does not occur at the expense of coal research and 
development.
    The recommendation provides $25,000,000 to continue to 
support the solicitation for two large-scale pilots that focus 
on transformational coal technologies that represent a new way 
to convert energy to enable a step change in performance, 
efficiency, and the cost of electricity compared to today's 
technologies. Such technologies include thermodynamic 
improvements in energy conversion and heat transfer, such as 
pressurized oxygen combustion and chemical looping, and 
improvements in carbon capture systems technology. In making 
the awards for large-scale pilots, the Department should 
prioritize entities that have previously received funding for 
these technologies at the lab and bench scale.
    Within available funds for Coal CCS and Power Systems, the 
Committee supports new solicitations for Front-End Engineering 
and Design studies on projects that generate emissions suitable 
for utilization or storage. In addition, the Committee 
recommends research and development, as well as pilot scale 
activities, that will improve the performance, reliability, and 
efficiency of both new and existing fossil fuel fired power 
plants.
    Consistent with direction provided in fiscal year 2018, the 
Committee does not support the closure of any National Energy 
Technology Laboratory (NETL) site and provides no funds to 
plan, develop, implement, or pursue the consolidation or 
closure of any of the NETL sites.
    The Committee supports the integrated carbon and energy 
management activities of NE and EERE and provides $2,000,000 
for Hybrid Carbon Conversion activities within Fossil Energy.
    Carbon Capture.--The Department is directed to explore 
carrying out a prize competition to advance the research, 
development, or commercialization of technologies that capture, 
sequester, or utilize carbon from coal. The Committee 
encourages the Department to focus its efforts on improving the 
efficiency and decreasing the costs of carbon capture 
technologies, demonstrating carbon capture technologies, and 
identifying how these technologies can be integrated with 
business models and operations. This focus includes small- and 
large-scale pilot testing of technologies moving through the 
program pipeline and retrofit activities on the existing fleet.
    Carbon Storage.--The Committee supports the past work of 
the Regional Carbon Sequestration Partnerships (RCSPs) in 
advancing future technologies for enhanced oil recovery, 
mineral resource extraction, and gaining deep subsurface 
knowledge through continued research. The Committee believes 
the Department should undertake measures to preserve, share, 
and advance the state of knowledge gained through these 
programs, which will provide the necessary information to 
strengthen platforms for industry adoption. Within available 
funds for Storage Infrastructure, the Committee provides up to 
$30,000,000 to support the CarbonSAFE initiative in which the 
RCSPs are eligible to participate. The Department is encouraged 
to continue activities that promote the use and reuse of 
captured carbon from both the power and industrial sectors. In 
addition, the Committee encourages the Department to support 
non-geologic utilization activities within the Carbon Use and 
Reuse program, including biological utilization by algae and 
other microorganisms.
    Advanced Energy Systems.--Within available funds, 
$30,000,000 is for Solid Oxide Fuel Cells to focus on hydrogen 
production and storage as well as research and development to 
enable efficient, cost-effective electricity generation with 
minimal use of water and the use of abundant domestic coal and 
natural gas resources with near-zero atmospheric emissions of 
CO2 and pollutants. Moreover, central power generation 
applications of solid oxide fuel cells can be integrated with 
carbon capture and storage efforts to contribute to a secure 
energy future. The Department is directed to provide to the 
Committees on Appropriations of both Houses of Congress not 
later than 180 days after the enactment of this Act a report on 
the status of the Solid Oxide Fuel Cell Program. The report 
shall include a discussion of the technological achievements of 
the program, including lessons learned, and a discussion of the 
technical requirements to achieve the remaining goals of the 
program.
    The Committee urges the Department to fund research and 
development activities to improve the efficiency of gas 
turbines used in power generation systems, working 
cooperatively with industry, universities, and other 
appropriate parties. The Committee recognizes the abundance of 
domestic coal and its potential to be a significant primary 
energy source for the production of liquid fuels. Within 
available funds, the Department is directed to support research 
and development that focuses on expanding the Department's 
external agency activities to develop and test advanced concept 
coal to liquid fuels technologies. Within available funds, 
$37,000,000 is for transformative power generation to improve 
the efficiency, reliability, and flexible operations of both 
new and existing plants. The Department is directed to focus on 
advanced coal technologies that are applicable to retrofit 
technologies and modular coal technologies that are capable of 
distributed generation, represent maximum efficiency 
improvements over the current average fleet, incorporate 
advanced emissions control systems, and are economically 
competitive.
    Crosscutting Research.--Within available funds, the 
recommendation provides up to $2,500,000 to research low-
temperature microwave plasma technology that converts domestic 
coal into high-performance carbon materials, and $20,000,000 
for the Advanced Ultrasupercritical Program to fabricate, 
qualify, and develop domestic suppliers capable of producing 
components from high temperature materials.
    NETL Coal Research and Development.--The recommendation 
includes $20,000,000 for the Department to continue its ongoing 
external agency activities to develop and test advanced 
separation technologies and accelerate the advancement of 
commercially viable technologies for the recovery of rare earth 
elements and minerals from U.S. coal and coal byproduct 
sources. The Committee expects research to support pilot-scale 
and experimental activities for near-term application.
    Supercritical Transformational Electric Power (STEP) 
Generation.--Within available funds, the recommendation 
provides $16,700,000, consistent with the original scope of 
work, to fully fund the Department's cost share portion to 
design, construct, and operate a 10-MW pilot. The 
recommendation provides an additional $5,730,000 for 
competitively-awarded research and development activities, 
coordinated with EERE and NE, to advance the use of 
supercritical power cycles.

                        NATURAL GAS TECHNOLOGIES

    Research.--Within available funds, the recommendation 
provides $9,000,000 for Environmentally Prudent Development and 
$5,200,000 for the Risk Based Data Management System. The 
Department is encouraged to explore technologies that curtail 
methane gas emissions from flaring and venting in shale 
formations.

               UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES

    The Committee supports the Department's continued 
investment into research and development on unconventional 
fossil energy technologies. These investments will help the 
United States maximize the benefits of its abundant 
unconventional natural gas liquids production.
    The Committee recognizes the Department's ongoing efforts 
to support research into the exploration for and development of 
emerging unconventional oil and gas reservoirs. The Committee 
encourages continued efforts to characterize emerging 
unconventional reservoirs and to emphasize geographic areas 
where geological conditions are optimal for the generation and 
accumulation of economically significant amounts of oil or gas 
in the geological formations being studied. The Committee 
further encourages a focus of available resources on potential 
unconventional reservoirs for which there exist limited amounts 
of data rather than well-known existing reservoirs.
    The Committee provides $15,000,000 for Unconventional Field 
Test Sites.
    The Committee is pleased with the Department's progress to 
date on studying the volatility of crude oil from the Bakken 
Shale in North Dakota and accurately assessing and 
characterizing volatility before transporting. The Committee 
directs the Department to continue this research in partnership 
with the Department of Transportation to improve the safety of 
crude oil transported by rail in this country.

                          NETL INFRASTRUCTURE

    Within available funds, the recommendation provides 
$5,500,000 for NETL's Supercomputer, Joule.

                 Naval Petroleum and Oil Shale Reserves


 
 
 
Appropriation, 2018...................................        $4,900,000
Budget estimate, 2019.................................        10,000,000
Recommended, 2019.....................................        10,000,000
Comparison:
    Appropriation, 2018...............................        +5,100,000
    Budget estimate, 2019.............................             - - -
 

    The Naval Petroleum and Oil Shale Reserves no longer serve 
the national defense purpose envisioned in the early 1900's, 
and consequently the National Defense Authorization Act for 
fiscal year 1996 required the sale of the Government's interest 
in the Naval Petroleum Reserve 1 (NPR-1). To comply with this 
requirement, the Elk Hills field in California was sold to 
Occidental Petroleum Corporation in 1998. Following the sale of 
Elk Hills, the transfer of the oil shale reserves, and transfer 
of administrative jurisdiction and environmental remediation of 
the Naval Petroleum Reserve 2 (NPR-2) to the Department of the 
Interior, the Department retained one Naval Petroleum Reserve 
property, the Naval Petroleum Reserve 3 (NPR-3) in Wyoming 
(Teapot Dome field). The Department issued a disposition plan 
for NPR-3 in June 2013 and began implementation of the plan in 
fiscal year 2014. Transfer of NPR-3 to a new owner occurred in 
fiscal year 2015.

                      Strategic Petroleum Reserve


 
 
 
Appropriation, 2018...................................      $252,000,000
Budget estimate, 2019.................................       175,105,000
Recommended, 2019.....................................       252,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................       +76,895,000
 

    The mission of the Strategic Petroleum Reserve is to store 
petroleum to reduce the adverse economic impact of a major 
petroleum supply interruption to the U.S. and to carry out 
obligations under the international energy program.
    The recommendation includes funding to address facilities 
development and operations, including physical security and 
cavern integrity, and to maintain 1,000,000 barrels of gasoline 
blendstock in the Northeast Gasoline Supply Reserve. The 
recommendation includes legislative language to direct the 
Secretary to draw down and sell crude oil from the Strategic 
Petroleum Reserve, with proceeds to be deposited into the 
Energy Security and Infrastructure Modernization Fund for use 
in carrying out the Life Extension II project. This drawdown 
and use of proceeds is in accordance with section 404 of the 
Bipartisan Budget Act of 2015.

                         SPR Petroleum Account


 
 
 
Appropriation, 2018...................................        $8,400,000
Budget estimate, 2019.................................             - - -
Recommended, 2019.....................................        10,000,000
Comparison:
    Appropriation, 2018...............................        +1,600,000
    Budget estimate, 2019.............................       +10,000,000
 

    The SPR Petroleum Account funds Strategic Petroleum Reserve 
acquisition, transportation, and drawdown activities. The 
fiscal year 2019 budget request proposes to draw down and sell 
one million barrels of SPR crude oil to fund the costs of 
drawdown operations related to statutorily-directed sales. 
Instead, the recommendation provides discretionary 
appropriations for this purpose.

                   Northeast Home Heating Oil Reserve


 
 
 
Appropriation, 2018...................................        $6,500,000
Budget estimate, 2019.................................        10,000,000
Recommended, 2019.....................................        10,000,000
Comparison:
    Appropriation, 2018...............................        +3,500,000
    Budget estimate, 2019.............................             - - -
 

    The acquisition and storage of heating oil for the 
Northeast began in August 2000 when the Department of Energy, 
through the Strategic Petroleum Reserve account, awarded 
contracts for the lease of commercial storage facilities and 
acquisition of heating oil. The purpose of the reserve is to 
assure home heating oil supplies for the Northeastern States 
during times of very low inventories and significant threats to 
the immediate supply of heating oil. The Northeast Home Heating 
Oil Reserve was established as a separate entity from the 
Strategic Petroleum Reserve on March 6, 2001.

                   Energy Information Administration


 
 
 
Appropriation, 2018...................................      $125,000,000
Budget estimate, 2019.................................       115,035,000
Recommended, 2019.....................................       125,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................        +9,965,000
 

    The Energy Information Administration is a quasi-
independent agency within the Department of Energy established 
to provide timely, objective, and accurate energy-related 
information to the Congress, the executive branch, state 
governments, industry, and the public.
    The Committee encourages the Department to continue 
important data collection, analysis, and reporting activities 
on energy use and consumption, including the Commercial 
Buildings Energy Consumption Survey, and the Residential 
Buildings Energy Consumption Survey.
    The Committee notes that while the Energy Information 
Administration website does provide information for Puerto Rico 
and the other territories in its State Profiles section, the 
information furnished for Puerto Rico is not as detailed nor as 
up-to-date as the information furnished for states. The 
Committee encourages the Energy Information Administration to 
work to close these remaining data gaps.

                   Non-Defense Environmental Cleanup


 
 
 
Appropriation, 2018...................................      $298,400,000
Budget estimate, 2019.................................       218,400,000
Recommended, 2019.....................................       240,000,000
Comparison:
    Appropriation, 2018...............................       -58,400,000
    Budget estimate, 2019.............................       +21,600,000
 

    Non-Defense Environmental Cleanup includes funds to manage 
and remediate sites used for civilian, energy research, and 
non-defense related activities. These past activities resulted 
in radioactive, hazardous, and mixed waste contamination that 
requires remediation, stabilization, or some other action.

      Uranium Enrichment Decontamination and Decommissioning Fund


 
 
 
Appropriation, 2018...................................      $840,000,000
Budget estimate, 2019.................................       752,749,000
Recommended, 2019.....................................       870,000,000
Comparison:
    Appropriation, 2018...............................       +30,000,000
    Budget estimate, 2019.............................      +117,251,000
 

    The Uranium Enrichment Decontamination and Decommissioning 
Fund was established by the Energy Policy Act of 1992 to fund 
the cleanup of gaseous diffusion plants at Portsmouth, Ohio; 
Paducah, Kentucky; and the East Tennessee Technology Park in 
Oak Ridge, Tennessee.
    Portsmouth.--The recommendation includes funding above the 
budget request to fully offset the amount of proceeds that the 
Department planned to generate through bartering arrangements 
in order to fund additional cleanup in fiscal year 2019. After 
the date of enactment of this Act, the Department shall not 
barter, transfer, or sell uranium for the remainder of fiscal 
year 2019 in order to generate additional funding for 
Portsmouth cleanup that is in excess of the amount of funding 
provided in this Act.
    Title X Uranium/Thorium Reimbursements.--The Committee 
recommends $32,959,000 to reimburse private licensees for the 
cost of cleaning up uranium and thorium processing sites in 
accordance with Title X of the Energy Policy Act of 1992. The 
Committee expects the Department to reimburse licensees for all 
previous expenses, including costs related to remediation, 
restoration, and oversight of these programs, and to ensure all 
impacted communities are made whole. Fulfilling the obligation 
to fully reimburse licensees is important to the health and 
safety of the impacted communities. The Committee expects the 
Department to provide sufficient resources within future budget 
requests to reimburse licensees for approved claim balances in 
a timely manner and to avoid accumulating balances and 
liabilities.

                                Science


 
 
 
Appropriation, 2018...................................    $6,259,903,000
Budget estimate, 2019.................................     5,390,972,000
Recommended, 2019.....................................     6,600,000,000
Comparison:
    Appropriation, 2018...............................      +340,097,000
    Budget estimate, 2019.............................    +1,209,028,000
 

    The Office of Science funds basic science research across 
national laboratories, universities, and other research 
institutions in support of American innovation and the 
Department's energy-focused missions. Through research in 
physics, biology, chemistry, and other science disciplines, 
these activities expand scientific understanding and secure the 
nation's leadership in energy innovation. The Office of Science 
is the nation's largest supporter of basic research in the 
physical sciences.
    The Science program office includes Advanced Scientific 
Computing Research, Basic Energy Sciences, Biological and 
Environmental Research, Fusion Energy Sciences, High Energy 
Physics, Nuclear Physics, Workforce Development for Teachers 
and Scientists, Science Laboratories Infrastructure, Safeguards 
and Security, and Program Direction. The Committee has placed a 
high priority on funding these activities in fiscal year 2019, 
given the private sector is not likely to fund research whose 
findings either have high non-commercial value or are not 
likely to be commercialized in the near or medium term. This 
work is vital to sustaining the scientific leadership of the 
United States and can provide the underpinnings for valuable 
intellectual property in the coming decades.
    The Committee encourages the Department to evaluate methods 
to educate new and existing minority and women-owned small 
businesses about SBIR and STTR grants, and directs the 
Department to provide to the Committees on Appropriations of 
both Houses of Congress not later than 180 days after the 
enactment of this Act a report on current and planned outreach 
efforts in this area.
    The Committee appreciates the Department's focus on quantum 
information sciences and encourages the Department, in addition 
to activities referenced in the budget request, to explore 
research and development on precision sensors.

                 ADVANCED SCIENTIFIC COMPUTING RESEARCH

    The Advanced Scientific Computing Research program develops 
and hosts some of the world's fastest computing and network 
capabilities to enable science and energy modeling, simulation, 
and research.
    Exascale Computing Project.--The recommendation includes 
$225,000,000 for exascale activities.
    High Performance Computing and Network Facilities.--In 
addition to the long-term exascale initiative, the Committee 
supports continued upgrade and operation of the Leadership 
Computing Facilities at Argonne and Oak Ridge national 
laboratories and of the High Performance Production Computing 
capabilities at Lawrence Berkeley National Laboratory. The 
recommendation includes $140,000,000 for the Argonne Leadership 
Computing Facility, $185,000,000 for the Oak Ridge Leadership 
Computing Facility, and $100,000,000 for the National Energy 
Research Scientific Computing Center at Lawrence Berkeley 
National Laboratory. Within available funds, the recommendation 
includes $10,000,000 for the Computational Science Graduate 
Fellowship program and $80,000,000 to support necessary 
infrastructure upgrades and operations for ESnet.
    The Committee is concerned that the increased costs of the 
Exascale Computing Initiative compared to previous high 
performance computing (HPC) efforts are not transparently 
presented because the Department's budget request contains 
inadequate detail on the cost of its HPC procurements. In its 
fiscal year 2020 budget request, the Department shall submit a 
budget justification for Advanced Scientific Computing Research 
that clearly details funding amounts requested for base 
research and development activities, operations, and 
procurements for the Exascale Computing Initiative.
    The Committee notes the importance of a strong research 
program in applied and computational mathematics to the 
Department's mission. The Committee encourages the Department 
to prioritize research in applied and computational 
mathematics, supercomputing, and quantum computing to ensure 
the U.S. remains competitive in this field.
    Artificial intelligence technologies that may improve the 
analysis and interpretation of big data can lead to substantial 
improvements in the Department's ability to meet its nuclear 
security, energy, and science missions. The Committee provides 
$26,000,000 to launch an artificial intelligence and big data 
initiative.

                         BASIC ENERGY SCIENCES

    The Basic Energy Sciences program funds basic research in 
materials science, chemistry, geoscience, and bioscience. The 
science breakthroughs in this program enable a broad array of 
innovation in energy technologies and other industries critical 
to American economic competitiveness.
    Research.--Within available funds, the recommendation 
provides $24,088,000 for the Batteries and Energy Storage 
Innovation Hub; $15,000,000 for the Fuels from Sunlight 
Innovation Hub; $130,500,000 for facilities operations of the 
nanoscience research centers; $500,000,000 for facilities 
operations of the nation's light sources; $280,000,000 for 
facilities operations of the high flux neutron sources; 
$20,000,000 for the Experimental Program to Stimulate 
Competitive Research; $110,000,000 for the Energy Frontier 
Research Centers; and $10,100,000 for Other Project Costs, of 
which $6,100,000 is for LCLS-II, $2,000,000 is for ALS-U, and 
$2,000,000 is for LCLS-II HE.
    The Committee supports the continued research and 
development for the Batteries and Energy Storage Innovation Hub 
to develop energy storage research prototypes to ensure the 
outcome of basic research leads to practical solutions that are 
competitive in the marketplace. The Committee encourages the 
Hub to focus on grid storage applications, particularly on 
chemistries with low cost reagents.
    The Committee encourages the Department to resume annual, 
or biennial, Implementation Grant solicitations when making 
awards in support of the Experimental Program to Stimulate 
Competitive Research. The Department is directed to provide to 
the Committees on Appropriations of both Houses of Congress not 
later than 90 days after the enactment of this Act a report 
that provides a plan for these future solicitations.
    The Committee encourages the Department to continue to 
provide support for basic research in polymers and polymer-
based materials for energy applications and also encourages the 
Department to implement neutron research efforts for polymeric 
materials for the materials community. The Committee is aware 
of the discovery of physical phenomena in the light harvesting 
systems of photosynthetic organisms that has potential 
applications in quantum computing. The recommendation provides 
$10,000,000 for research of artificial light harvesting systems 
that promise to significantly increase computational processing 
power and speed.

                 BIOLOGICAL AND ENVIRONMENTAL RESEARCH

    The Biological and Environmental Research (BER) program 
supports advances in energy technologies and related science 
through research into complex biological and environmental 
systems. The Committee directs the Department to give priority 
to optimizing the operation of BER user facilities and the 
programs that utilize them.
    The recommendation provides $100,000,000 for the Bioenergy 
Research Centers and $70,000,000 for the Joint Genome 
Institute.
    The Committee recognizes the importance of the emerging 
field of microbiome research and encourages the Department to 
explore establishing a national microbiome database to maintain 
leadership in the field.
    The Committee continues to support the Department's funding 
for academia to perform studies, including independent 
evaluations using existing data sets and peer-reviewed 
publications that include the collection and evaluation of 
atmospheric data from satellite observations obtained in 
cooperation with NASA. Satellite observations of the 
atmosphere, within the context of the Earth as a global system, 
provide information that is critical in the interpretation of 
earth-based observations.
    The Committee supports the Department's proposal to 
initiate a terrestrial-aquatic interfaces pilot project and 
encourages the Department to explore the resiliency of coastal 
ecosystems as part of this project.
    Within available funds, the Department is directed to 
continue to support NGEE-Arctic, NGEE-Tropics, the SPRUCE field 
site, the Watershed Function Science Focus Area, and the 
AmeriFLUX project.

                         FUSION ENERGY SCIENCES

    The Fusion Energy Sciences program supports basic research 
and experimentation aiming to harness nuclear fusion for energy 
production.
    Research.--The Committee recommends $281,704,000 for 
burning plasma science foundations, $61,246,000 for burning 
plasma science long pulse, and $84,050,000 for discovery plasma 
science. Within available funds, the recommendation provides 
$18,000,000 for High Energy Density Laboratory Plasmas, 
$25,000,000 for Scientific Discovery through Advanced 
Computing, $2,500,000 to provide upgrades to the Safety and 
Tritium Applied Research facility, and $7,000,000 for the 
Materials Plasma Exposure Experiment.
    Construction.--The Committee recommends $163,000,000 for 
the U.S. contribution to the ITER project. The Committee 
continues to believe the ITER project represents an important 
step forward for energy sciences and has the potential to 
revolutionize the current understanding of fusion energy.

                          HIGH ENERGY PHYSICS

    The High Energy Physics program supports fundamental 
research into the elementary constituents of matter and energy 
and ultimately into the nature of space and time. The program 
focuses on particle physics theory and experimentation in three 
areas: the energy frontier, which investigates new particles 
and fundamental forces through high-energy experimentation; the 
intensity frontier, which focuses on rare events to better 
understand our fundamental model of the universe's elementary 
constituents; and the cosmic frontier, which investigates the 
nature of the universe and its form of matter and energy on 
cosmic scales.
    Research.--Within available funds, the recommendation 
provides $22,450,000 to complete the dark energy and dark 
matter experiments, $105,000,000 for the HL-LHC Upgrade 
Projects, $31,000,000 for PIP-II, and $10,000,000 to continue 
the upgrade of FACET II.
    The Committee supports the Department's efforts to advance 
laser-driven accelerators and encourages the Department to 
explore how this technology fits within future planning efforts 
for the High Energy Physics program. In addition, the Committee 
strongly urges the Department to maintain a balanced portfolio 
of small, medium, and large scale experiments, and to ensure 
adequate funding for research performed at universities and the 
national laboratories.

                            NUCLEAR PHYSICS

    The Nuclear Physics program supports basic research into 
the fundamental particles that compose nuclear matter, how they 
interact, and how they combine to form the different types of 
matter observed in the universe today.
    Operations and Maintenance.--Within available funds, the 
recommendation provides $10,000,000 for the Stable Isotope 
Production Facility, $6,600,000 for the Gamma-Ray Energy 
Tracking Array, and $5,660,000 for the Super Pioneering High 
Energy Nuclear Interaction Experiment. The Committee directs 
the Department to give priority to optimizing the operations 
for the Relativistic Heavy Ion Collider, the Continuous 
Electron Beam Accelerator Facility, the Argonne Tandem Linac 
Accelerator System, and the Brookhaven Linac Isotope Producer 
Facility.

                         Nuclear Waste Disposal


 
 
 
Appropriation, 2018...................................            $- - -
Budget estimate, 2019.................................        90,000,000
Recommended, 2019.....................................       190,000,000
Comparison:
    Appropriation, 2018...............................      +190,000,000
    Budget estimate, 2019.............................      +100,000,000
 

    The Committee recommendation includes $190,000,000 for 
Nuclear Waste Disposal to continue the Department of Energy's 
statutorily required activities for the Yucca Mountain license 
application. Within available funds, the Department is directed 
to reestablish its capability to respond to the Nuclear 
Regulatory Commission during the adjudicatory process and to 
otherwise fully support the Yucca Mountain licensing process. 
The recommendation includes support for affected units of local 
government that have formally consented to host Yucca Mountain.
    Educational Institutions.--The Department is reminded that, 
to the extent that funding or other assistance is made 
available to educational institutions pursuant to the Nuclear 
Waste Policy Act of 1982, institutions in the Nevada System of 
Higher Education, as defined by the State of Nevada, with 
experience in nuclear waste research and environmental 
monitoring are eligible for such assistance.

               Advanced Research Projects Agency--Energy


 
 
 
Appropriation, 2018...................................      $353,314,000
Budget estimate, 2019.................................             - - -
Recommended, 2019.....................................       325,000,000
Comparison:
    Appropriation, 2018...............................       -28,314,000
    Budget estimate, 2019.............................      +325,000,000
 

    The Advanced Research Projects Agency-Energy (ARPA-E) 
supports research aimed at rapidly developing energy 
technologies whose development and commercialization are too 
risky to attract sufficient private sector investment but are 
capable of significantly changing the energy sector to address 
our critical economic and energy security challenges. Projects 
funded by ARPA-E include such wide-ranging areas as production 
processes for transportation fuel alternatives that can reduce 
our dependence on imported oil, heating and cooling 
technologies with exceptionally high energy efficiency, and 
improvements in petroleum refining processes.
    The Department is directed to disburse funds appropriated 
for ARPA-E on eligible projects within a reasonable time 
period, consistent with past practices.

         Title 17 Innovative Technology Loan Guarantee Program


                        ADMINISTRATIVE EXPENSES


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2018...................................       $33,000,000
Budget estimate, 2019.................................        10,000,000
Recommended, 2019.....................................        32,000,000
Comparison:
    Appropriation, 2018...............................        -1,000,000
    Budget estimate, 2019.............................       +22,000,000
 

                         OFFSETTING COLLECTIONS

 
 
 
Appropriation, 2018...................................      $-10,000,000
Budget estimate, 2019.................................       -15,000,000
Recommended, 2019.....................................       -15,000,000
Comparison:
    Appropriation, 2018...............................        -5,000,000
    Budget estimate, 2019.............................             - - -
 

                               RESCISSION

 
 
 
Appropriation, 2018...................................            $- - -
Budget estimate, 2019.................................      -240,000,000
Recommended, 2019.....................................             - - -
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................      +240,000,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2018...................................       $23,000,000
Budget estimate, 2019.................................      -245,000,000
Recommended, 2019.....................................        17,000,000
Comparison:...........................................
    Appropriation, 2018...............................        -6,000,000
    Budget estimate, 2019.............................      +262,000,000
 

    The funds provided to the Title 17 Innovative Technology 
Loan Guarantee Program support administrative operations only.

        Advanced Technology Vehicles Manufacturing Loan Program


 
 
 
Appropriation, 2018...................................        $5,000,000
Budget estimate, 2019.................................         1,000,000
Recommended, 2019.....................................         5,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................        +4,000,000
 

    The Energy Independence and Security Act of 2007 
established a direct loan program to support the development of 
advanced technology vehicles and associated components in the 
United States. The program provides loans to automobile and 
automobile part manufacturers for the cost of re-equipping, 
expanding, or establishing manufacturing facilities in the 
United States to produce advanced technology vehicles or 
qualified components, and for associated engineering 
integration costs. The funds provided support administrative 
operations only.

                  Tribal Energy Loan Guarantee Program


 
 
 
Appropriation, 2018...................................        $1,000,000
Budget estimate, 2019.................................        -8,500,000
Recommended, 2019.....................................         1,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................        +9,500,000
 

    The Energy Policy Act of 2005 established a loan guarantee 
program for energy development to provide or expand electricity 
on Indian land. The funds provided support administrative 
operations only.

                      Departmental Administration


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2018...................................      $285,652,000
Budget estimate, 2019.................................       235,534,000
Recommended, 2019.....................................       280,524,000
Comparison:
    Appropriation, 2018...............................        -5,128,000
    Budget estimate, 2019.............................       +44,990,000
 

                                REVENUES

 
 
 
Appropriation, 2018...................................      $-96,000,000
Budget estimate, 2019.................................       -96,000,000
Recommended, 2019.....................................       -96,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2018...................................      $189,652,000
Budget estimate, 2019.................................       139,534,000
Recommended, 2019.....................................       184,524,000
Comparison:
    Appropriation, 2018...............................        -5,128,000
    Budget estimate, 2019.............................       +44,990,000
 

    Funding recommended for Departmental Administration 
provides for general management and program support functions 
benefiting all elements of the Department of Energy, including 
the National Nuclear Security Administration. The account funds 
a wide array of Headquarters activities not directly associated 
with the execution of specific programs. The recommendation 
includes six reprogramming control points in this account to 
provide flexibility in the management of support functions. 
Other Departmental Administration includes Management, Project 
Management Oversight and Assessments, Chief Human Capital 
Officer, Office of Technology Transitions, Office of Small and 
Disadvantaged Business Utilization, General Counsel, Office of 
Policy, International Affairs, and Public Affairs. The 
Department is directed to continue to submit a budget request 
that proposes a separate funding level for each of these 
activities. Within International Affairs, the recommendation 
includes $2,000,000 for the Israel Binational Industrial 
Research and Development (BIRD) Foundation, which was 
previously funded in the EERE account, and $4,000,000 for the 
U.S.-Israel Center of Excellence in Energy, Engineering and 
Water Technology.
    Economic Impact and Diversity.--The recommendation includes 
$10,169,000 for Economic Impact and Diversity, the same as 
fiscal year 2018 and $164,000 above the budget request.
    Chief Information Officer.--To enhance the accountability 
for management of cyber resources, the Committee recommendation 
consolidates cybersecurity funding under the Office of the 
Chief Information Officer. The recommendation includes 
$131,624,000, including $96,793,000 as requested within 
Departmental Administration and $34,831,000 as requested for 
CyberOne activities within the DOE working capital fund. Within 
this amount, not less than $71,501,000 shall be for 
cybersecurity and secure information.
    Nuclear Power Plant Closings.--Prior to the opening of a 
permanent repository or monitored retrievable storage for spent 
nuclear fuel, power plant sites serve as de facto storage 
facilities for this nuclear waste. When a plant closes, onsite 
storage of spent nuclear fuel can be a factor affecting 
redevelopment of the location. The Committee directs the 
Department to submit to the Committees on Appropriations of 
both Houses of Congress not later than 180 days after the 
enactment of this Act a study on existing public and private 
resources and funding for which municipalities where a nuclear 
power plant is decommissioned, in the process of 
decommissioning, or plans to shut down within 3 years of 
enactment of this Act and contains nuclear waste within its 
boundaries may be eligible.
    Radium Contamination.--The Department shall review the 
details of any facility of the Nevada System of Higher 
Education, as defined by the State of Nevada, that is 
contaminated with radium to determine whether the Department 
has a legal liability or authorization for remediation of such 
facility.

                    Office of the Inspector General


 
 
 
Appropriation, 2018...................................       $49,000,000
Budget estimate, 2019.................................        51,330,000
Recommended, 2019.....................................        51,330,000
Comparison:
    Appropriation, 2018...............................        +2,330,000
    Budget estimate, 2019.............................             - - -
 

    The Office of the Inspector General performs agency-wide 
audit, inspection, and investigative functions to identify and 
correct management and administrative deficiencies that create 
conditions for existing or potential instances of fraud, waste, 
and mismanagement. The audit function provides financial and 
performance audits of programs and operations. The inspections 
function provides independent inspections and analyses of the 
effectiveness, efficiency, and economy of programs and 
operations. The investigative function provides for the 
detection and investigation of improper and illegal activities 
involving programs, personnel, and operations.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

    The Atomic Energy Defense Activities programs of the 
Department of Energy in the National Nuclear Security 
Administration (NNSA) consist of Weapons Activities, Defense 
Nuclear Nonproliferation, Naval Reactors, and Federal Salaries 
and Expenses; outside of the NNSA, these include Defense 
Environmental Cleanup, Other Defense Activities, and Defense 
Nuclear Waste Disposal. Descriptions of each of these accounts 
are provided below.

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

    The Department of Energy is responsible for enhancing U.S. 
national security through the military application of nuclear 
technology and reducing the global danger from the 
proliferation of weapons of mass destruction. The NNSA, a semi-
autonomous agency within the Department, carries out these 
responsibilities. Established in March 2000 pursuant to title 
32 of the National Defense Authorization Act for Fiscal Year 
2000, the NNSA is responsible for the management and operation 
of the nation's nuclear weapons complex, naval reactors, and 
nuclear nonproliferation activities.
    Indirect Overhead and Administrative Costs.--The Committee 
expects the NNSA to take prompt action to reduce the size of 
the overhead and administrative costs that are being charged to 
its programmatic activities, as directed in the fiscal year 
2018 Act. The Committee is awaiting the receipt of required 
reports on the Department's indirect cost pools and a plan by 
the NNSA to reduce the size of the administrative and other 
overhead charges levied on its major nuclear modernization 
programs. None of the funds shall be used for an Institutional 
Plant Project that is funded through an indirect cost pool of 
an NNSA site. The recommendation provides robust direct funding 
for the NNSA's infrastructure needs, and the Committee will 
consider funding infrastructure investments through the site 
indirect cost pools after receipt of the outstanding reporting 
requirements. The NNSA is directed to provide to the Committees 
on Appropriations of both Houses of Congress not later than 90 
days after the enactment of this Act a report that accounts for 
the number of personnel at NNSA sites whose costs are entirely 
funded through site indirect cost pools.
    The recommendation includes $15,313,147,000 for the NNSA, 
$644,195,000 above fiscal year 2018 and $222,097,000 above the 
budget request.

                           Weapons Activities


 
 
 
Appropriation, 2018...................................   $10,642,138,000
Budget estimate, 2019.................................    11,017,078,000
Recommended, 2019.....................................    11,200,000,000
Comparison:
    Appropriation, 2018...............................      +557,862,000
    Budget estimate, 2019.............................      +182,922,000
 

    Weapons Activities ensures the safety, security, 
reliability, and effectiveness of the nation's nuclear weapons 
stockpile without nuclear testing by providing funding to four 
main elements: Directed Stockpile Work; Research, Development, 
Technology and Engineering; Infrastructure and Operations; and 
Security.
    The NNSA's budget request for Weapons Activities proposed 
significant reductions to infrastructure recapitalization and 
deferred maintenance reduction efforts. The Committee is 
concerned that, in order to pay for the projected costs of its 
major nuclear modernization programs, the NNSA is undercutting 
the investments needed to address the entirety of its aging 
infrastructure problems and to build a nuclear weapons 
workforce that possesses the skills and knowledge needed to 
design, develop, test, and manufacture warheads, as endorsed in 
the Administration's Nuclear Posture Review. As the costs of 
the major modernization programs continue to increase, the NNSA 
must take concerted action to prevent cost growth associated 
with underperforming and poorly scoped activities. The 
recommendation provides additional funding above the request to 
continue the current pace of infrastructure recapitalization 
efforts across the nuclear security enterprise, including 
efforts to reduce the backlog of deferred maintenance and to 
upgrade physical security systems to improve the security 
posture of the NNSA sites.
    The Committee notes that the original fiscal year 2019 
budget request did not contain adequate information regarding 
the Department's request for low-yield ballistic missile 
funding, but a technical amendment with additional details was 
later submitted. When proposing new or modified nuclear weapons 
activities, the Committee expects the Department to follow the 
requirements of 50 U.S.C. 2529, including requesting a single 
dedicated line item for such activities.
    Plutonium.--While the NNSA was directed in the fiscal year 
2017 and 2018 Acts to request funding to meet additional 
plutonium infrastructure mission needs under a new and separate 
project that could be clearly presented for consideration, the 
NNSA's fiscal year 2019 budget request does not contain such a 
project and continues to disregard Congressional direction to 
remove specific scope from the Chemistry and Metallurgy 
Research Replacement project that was in excess of the scope 
originally authorized by Congress. The NNSA's five year budget 
plans include approximately $4,000,000,000 for unspecified 
activities within Plutonium Sustainment to achieve long-term 
pit production capacity targets. The specific activities and 
total costs needed to achieve these targets are not described, 
and a management plan with near-term milestones for carrying 
out this significant multi-year effort are not presented. The 
NNSA's continued inability to produce a transparent plan to 
establish a pit production capability that includes a resource-
loaded schedule that can be independently verified for 
reasonableness creates significant concerns. The recommendation 
establishes a new construction project within Infrastructure 
and Operations that shall be utilized to carry out any capital 
improvements and equipment installations that are needed at Los 
Alamos National Laboratory to meet plutonium mission needs. Not 
later than 60 days after the enactment of this Act, the NNSA 
shall provide to the Committees on Appropriations a report that 
describes in detail the scope, costs, and schedule, with near 
term milestones for any capital improvements needed, to meet 
its plutonium mission needs.

                        DIRECTED STOCKPILE WORK

    Directed Stockpile Work includes all activities that 
directly support weapons in the nuclear stockpile, including 
maintenance, research, development, engineering, certification, 
dismantlement, and disposal activities. The Committee 
recommends $4,581,296,000 for Directed Stockpile Work, 
$571,849,000 above fiscal year 2018 and $84,909,000 below the 
budget request.
    Life Extension Programs.--The recommendation provides full 
funding for the NNSA's life extension programs, including the 
ongoing refurbishment efforts for the B61, W76, W88, and W80 
warheads. The recommendation also provides funding requested 
for a new modification to the W76 warhead to achieve a lower-
yield capability for that system and to initiate phase 6.1 
efforts on a life extension or replacement of the W78 warhead.
    W76-2 Modification Program.--Not later than 30 days after 
the enactment of this Act, the NNSA shall provide to the 
Committees on Appropriations of both Houses of Congress a 
report detailing the plan, rationale, costs, and implications 
of producing a low-yield variant of the W76 warhead. The report 
shall include the cost and schedule estimates for the 
engineering phase, and any subsequent phase, of the W76-2 
modification program; detailed discussion of the military 
requirements associated with the W76-2, including Nuclear 
Weapons Council decisions and U.S. Strategic Command 
requirements; estimated long-term maintenance costs; impacts on 
other current or planned warhead programs; impacts on the 
planned cost and schedule in the event of a time delay in the 
engineering phase, or any subsequent phase, of the W76-2; and 
impacts on other current or planned warhead programs in the 
event of a time delay in the W76-2 modification program,
    W78 Life Extension Program.--The Committee is concerned 
that the NNSA is proceeding with a premature decision to 
replace the W78 with an interoperable warhead based on a 
stockpile strategy that was not endorsed in the 
Administration's Nuclear Posture Review and that was not funded 
by the Congress when first proposed under the previous 
Administration. The NNSA has not resolved major technical 
issues identified by the JASONs Defense Advisory Group in 2015 
associated with modifying existing warheads to achieve 
interoperability or to increase the usage of insensitive high 
explosives (IHE) in the stockpile. Specifically, the JASONs 
found that these warhead modifications may result in sub-
optimal designs and may force a reduction in design yield 
margins. The rationale for converting warheads from CHE to IHE 
is not clear considering the technical risks, the high costs 
involved, and the current lack of a pit production capability 
that could produce such warheads in quantities needed for the 
stockpile. The NNSA carried out a Pit Manufacturing and 
Certification Campaign to restore the capability to manufacture 
and certify up to ten plutonium pits per year from 1996 to 
2007. However, the NNSA never demonstrated production at full 
capacity and lost the limited capacity it had built due to 
safety missteps that shut down plutonium operations in the PF-4 
facility for several years. The NNSA hopes to achieve a far 
greater production capacity over the same period of time. Given 
the NNSA's past performance, any nuclear modernization program 
that relies on the successful establishment of a near-term pit 
production capacity should be considered by the Administration 
to be a high-risk endeavor and a program that does not rely on 
pit production should be pursued in parallel to ensure 
stockpile needs will continue to be met.
    In lieu of the request to begin phase 6.2 activities for an 
interoperable warhead to replace the W78, the recommendation 
provides funding to begin a phase 6.1 study to fully analyze 
all available alternatives for the W78 warhead. Upon conclusion 
of phase 6.1 efforts and prior to initiation of phase 6.2 
efforts, the NNSA shall provide to the Committees on 
Appropriations of both Houses of Congress a report that 
compares the costs associated with replacing the W78 warhead 
with an IHE design that may require new pit manufacturing to 
the costs of extending the life of the W78. The report shall 
include a detailed description of the comparative costs that 
may be needed to upgrade Department of Defense facilities to 
continue to safely handle CHE or that otherwise may reduce 
drivers for replacing CHE warheads with IHE.
    Domestic Uranium Enrichment.--The recommendation provides 
$100,704,000. Within these funds, not less than $25,000,000 is 
for continued research, operation, and further advancement of 
gas centrifuge technology. The Committee supports continued 
operations and testing of gas centrifuge technology to further 
advance the technology and to maintain the specialty expertise 
and operational proficiency that will be necessary to meet 
future U.S. defense and non-defense needs for enriched uranium.
    Comprehensive Beryllium Strategy.--Beryllium has been 
labeled a critical mineral by the United States Geological 
Survey for a wide variety of needs and is the only material 
qualified by field tests for certain nuclear weapons 
requirements. The Committee encourages the NNSA to continue 
efforts to create a unified approach to security of supply for 
beryllium and urges the national laboratories to create a joint 
plan to ensure that beryllium is available to support all the 
requirements of the Stockpile Stewardship and Management Plan.

           RESEARCH, DEVELOPMENT, TECHNOLOGY, AND ENGINEERING

    The NNSA's Research, Development, Technology, and 
Engineering (RDT&E) activities focus on the development and 
maintenance of critical capabilities, tools, and processes that 
support science-based stockpile stewardship and continued 
certification of the stockpile in the absence of underground 
nuclear testing. For RDT&E, the Committee recommends 
$2,028,366,000, $5,999,000 below fiscal year 2018 and 
$32,973,000 above the budget request.
    Academic Alliances and Partnerships.--Within Academic 
Alliances and Partnerships, not less than $20,000,000 shall be 
for the Minority Serving Institution Partnerships Program and 
not less than $9,000,000 shall be for academic grants for high 
energy density laboratory plasmas previously funded within the 
Inertial Confinement Fusion Ignition and High Yield program. 
The Committee supports continued research into high energy 
density plasmas and recognizes the partnerships between the 
national laboratories and research universities to address the 
critical need for skilled graduates to replace an aging 
workforce.
    Enhanced Capabilities for Subcritical Experiments.--The 
recommendation does not include funding requested for the 
Advanced Sources and Detectors Major Item of Equipment (MIE). 
DOE project management reports indicate the NNSA has not yet 
achieved Critical Decision-1 (CD-1) for this MIE, despite the 
NNSA's budget justification that lists CD-1 as a fiscal year 
2017 achievement. Rather, significant portions of the 
technology are reported to be at low technology readiness 
levels and need to be advanced prior to the issuance of CD-1. 
The recommendation includes $20,000,000 to continue to advance 
technologies needed for the MIE. The NNSA is directed to submit 
a project data sheet for the Advanced Sources and Detectors MIE 
with the scope, cost, and schedule for carrying out this 
project clearly presented in its fiscal year 2020 budget 
request.
    Stockpile Responsiveness Program.--The recommendation 
includes additional funding above the budget request for the 
congressionally-mandated Stockpile Responsiveness Program.
    Inertial Confinement Fusion (ICF) and High Yield.--The 
recommendation rejects the NNSA's request to discontinue major 
experimental activities within the ICF program. Funds provided 
to the ICF program support unique experimental platforms that 
help assess the state of the current stockpile and enable 
decisions on life extension programs without underground 
nuclear weapons testing. While progress in achieving ignition 
at the National Ignition Facility has been slow, the value of 
maintaining a robust research program in high energy density 
physics will continue to be recognized and strongly supported. 
To ensure that funds provided will be used to adequately 
maintain the NNSA's experimental capabilities as intended, the 
recommendation includes new funding controls within the ICF 
program for the National Ignition Facility at Lawrence 
Livermore National Laboratory, the Z Pulsed Power Facility at 
Sandia National Laboratories, and the Omega Laser Facility at 
the Laboratory for Laser Energetics. Within funds for High 
Energy Density R&D, the recommendation includes funding for 
research and support activities at Los Alamos National 
Laboratory, target fabrication, and not less than $8,000,000 
for the Nike Laser at the Naval Research Laboratory.
    While the Committee continues to support the full 
utilization of ICF experimental facilities, the Committee also 
recognizes the need to save costs to ensure adequate funding 
for high priority stockpile modernization activities. The NNSA 
is directed to pursue full cost recovery for all users at the 
National Ignition Facility as previously recommended by the 
Department of Defense Office of Cost Assessment and Program 
Evaluation and to ensure that all users are transitioned to a 
full cost recovery model by fiscal year 2020.
    Advanced Simulation and Computing.--Within amounts for 
Advanced Simulation and Computing (ASC), the recommendation 
includes $20,000,000 to continue research on advanced memory 
technology to address future architecture technical challenges. 
The Committee is concerned that the increased costs of the 
Exascale Computing Initiative compared to previous high 
performance computing (HPC) efforts are not transparently 
presented because the NNSA's budget request contains inadequate 
detail on the cost of its HPC procurements. In its fiscal year 
2020 budget request, the NNSA shall submit a budget 
justification for ASC that clearly details funding amounts 
requested for base research and development activities, 
operations, procurements, and the Exascale Computing 
Initiative.
    While the NNSA's next generation of HPC systems are major 
acquisitions, the Committee is concerned that the NNSA's 
procurement decisions have not been derived by conducting a 
thorough analysis of alternatives that will meet a set of 
clearly identified threshold requirements. The NNSA is directed 
to provide to the Committees on Appropriations of both Houses 
of Congress not later than 60 days after the enactment of this 
Act an analysis of alternatives for the NNSA's HPC acquisitions 
that clearly maps future system requirements to stockpile 
needs, compares costs and benefits of various alternatives, and 
provides a justification for the NNSA's preferred alternative. 
The Committee directs the Comptroller General to undertake a 
review of the NNSA's management of the ASC program to evaluate 
the NNSA's process for setting requirements and evaluating 
alternatives for the ASC program and to identify the estimated 
costs of the NNSA's future systems compared to previous HPC 
acquisitions.

                     INFRASTRUCTURE AND OPERATIONS

    Infrastructure and Operations provides funding for the base 
operations, maintenance, and recapitalization of NNSA 
facilities and infrastructure. The Committee recommends 
$3,188,594,000 for Infrastructure and Operations, $70,791,000 
above fiscal year 2018 and $185,858,000 above the budget 
request. Within Infrastructure and Operations, the NNSA shall 
ensure that incremental funding needed to meet individual 
programmatic goals are fully accounted for within funds for the 
corresponding programmatic activity. The Committee notes that 
the NNSA has been requesting significant funding amounts for 
projects while they are still in the very early planning 
stages, in violation of the requirements in 50 U.S.C. 2746 that 
require the NNSA to complete a conceptual design before 
requesting funding for a major construction project.
    Maintenance and Repair of Facilities.--The Committee 
recommends $515,138,000, $150,138,000 above the budget request, 
to sustain momentum on reducing the backlog of deferred 
maintenance and to carry out cost accounting changes needed to 
ensure direct funding of maintenance at the NNSA's national 
laboratories and other sites.
    Recapitalization.--The Committee recommends $612,661,000, 
$71,973,000 above the budget request, to restore funding for 
the Recapitalization program to the fiscal year 2018 level.
    19-D-650 Plutonium Production Capability, LANL.--The 
recommendation includes a new construction start for 
infrastructure upgrades needed to carry out the NNSA's 
plutonium mission at Los Alamos National Laboratory.
    06-D-141 Uranium Processing Facility (UPF), Y-12.--The NNSA 
approved starting major construction activities for the Uranium 
Processing Facility project without having a certified and 
compliant earned value management system in place for the 
project to accurately track project performance. The Committee 
is also concerned that the Department does not have adequate 
capacity for project review that is independent of NNSA program 
personnel that are accountable for project performance. While 
the NNSA continues to request an increasingly large amount for 
the project, prior year funds have not been fully expended. The 
recommendation provides funding at the fiscal year 2018 enacted 
level. The Committee will monitor project performance via 
financial reporting of project commitments to determine future 
funding needs.
    04-D-125 Chemistry and Metallurgy Research (CMR) 
Replacement Project, LANL.--As directed by Congress in the 
fiscal year 2018 Act and previous years, funding for the CMR 
Replacement Project shall be limited to that of the original 
mission need for the project, that is, to relocate existing 
analytic chemistry and materials characterization capabilities 
from the legacy CMR facility.

                                SECURITY

    Secure Transportation Asset.--Within Secure Transportation 
Asset Operations and Equipment, the recommendation includes 
$10,000,000 above the budget request to expedite procurement of 
the next generation Mobile Guardian Transporter (MGT). The 
Committee is concerned that the NNSA's program to replace its 
aging nuclear weapons transporter fleet with the MGT is 
proceeding excessively slowly. The current transporters are far 
beyond their 20-year service life, yet the NNSA's program would 
carry out planning and design activities over the next six 
fiscal years and would not procure the first replacement unit 
until fiscal year 2025. The NNSA is directed to undertake a 
review of its MGT program and provide to the Committees on 
Appropriations of both Houses of Congress not later than 120 
days after the enactment of this Act a plan to carry out an 
expedited design and procurement program that will address its 
aging fleet in a more timely manner and that will better ensure 
that its weapons transportation programs continue to meet 
stringent safety and security standards.
    Physical Security Improvement Program.--The Committee 
recommends $30,000,000 to modernize and upgrade physical 
security systems at the NNSA sites that are nearing the end of 
design life.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $162,292,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans.

                    Defense Nuclear Nonproliferation


 
 
 
Appropriation, 2018...................................    $1,999,219,000
Budget estimate, 2019.................................     1,862,825,000
Recommended, 2019.....................................     1,902,000,000
Comparison:
    Appropriation, 2018...............................       -97,219,000
    Budget estimate, 2019.............................       +39,175,000
 

    The Defense Nuclear Nonproliferation account provides 
funding to programs of the National Nuclear Security 
Administration that prevent, counter, and respond to global 
nuclear threats. The recommendation includes $15,000,000 for 
the University Consortia for Nuclear Nonproliferation Research 
program and not less than $18,000,000 to enhance 
nonproliferation and emergency response training capabilities 
at the Department's national laboratories.
    New U.S. Nonproliferation Activities in Russia.--The 
recommendation includes no new funds to enter into contracts 
and agreements with Russia in fiscal year 2019, the same as 
fiscal year 2018 and the budget request.
    Commercial Nuclear Fuel Reprocessing.--In 1977, President 
Carter issued a presidential policy statement prohibiting the 
commercial reprocessing and recycling of plutonium. The 
Committee awaits submission of requirements in the fiscal year 
2018 Act for the Department to investigate the status of this 
policy and provide a report to the Committees on Appropriations 
of both Houses of Congress.

                    DEFENSE NUCLEAR NONPROLIFERATION

    Funding for the Office of Defense Nuclear Nonproliferation 
is provided across five programmatic areas: Global Material 
Security, Material Management and Minimization, 
Nonproliferation and Arms Control, Defense Nuclear 
Nonproliferation R&D, and Nonproliferation Construction.
    Material Management and Minimization.--The recommendation 
for Material Management and Minimization includes funding for 
Nuclear Material Removal, Material Disposition, and Laboratory 
and Partnership Support, consistent with the fiscal year 2018 
Act. The NNSA is directed to utilize this budget structure in 
future budget requests. Within funds for Material Management 
and Minimization, the recommendation includes $30,000,000 to 
expedite the removal of one metric ton of plutonium from the 
state of South Carolina. The recommendation does not include 
funding requested to start related construction activities for 
the dilute and dispose alternative to MOX. The NNSA has yet to 
submit a legislative proposal or an independent life cycle cost 
estimate for its dilute and dispose program.
    Laboratory and Partnership Support.--The recommendation for 
Laboratory and Partnership Support includes $3,100,000 above 
the budget request to provide technical support to industry 
partners seeking to minimize the use of highly enriched uranium 
in Mo-99 production.
    Since the enactment of the American Medical Isotopes 
Production Act of 2012, the NNSA has invested $100,000,000 of 
taxpayer funding with the goal of fielding a stable, domestic 
commercial supply of Mo-99 without the use of highly enriched 
uranium, but has only made limited gains on that investment. 
Recent foreign facility outages have resulted in additional 
shortages, indicating the U.S. supply remains vulnerable to 
supply chain disruptions caused by aging production facilities. 
The recommendation includes an additional $20,000,000 for a new 
funding opportunity directed in the fiscal year 2018 Act. The 
Committee encourages the NNSA to utilize advice from other 
Department of Energy programs with experience in fielding 
advanced technologies to the commercial sector to better 
evaluate potential projects to ensure that additional funds are 
awarded to projects that are likely to provide a stable, long-
term domestic supply of this important medical isotope.
    MOX Fuel Fabrication Facility.--The Committee recommends 
$335,000,000 to sustain the current pace of construction on the 
MOX facility in fiscal year 2019. The bill contains a provision 
to allow the Secretary of Energy to terminate the project if 
requirements in Section 3121(b) of the Fiscal Year 2018 
National Defense Authorization Act are satisfied.
    Defense Nuclear Nonproliferation Research and Development 
(DNN R&D).--The recommendation includes $7,500,000 for the 
research and development of technologies to advance stable 
isotope, actinides, and other radioisotope production using 
novel techniques to support nonproliferation goals, including 
identification and characterization of foreign nuclear weapons 
programs.
    Nonproliferation Fuels Development.--The recommendation 
includes separate funding to develop fuels to advance U.S. 
nonproliferation goals within DNN R&D. The NNSA is directed to 
utilize this budget structure in future budget requests. The 
recommendation includes up to $10,000,000 for research and 
development of low-enriched uranium fuels suitable for naval 
applications. The recommendation does not include funds to 
convert the Advanced Test Reactor (ATR) at Idaho National 
Laboratory or the High Flux Isotope Reactor (HFIR) at Oak Ridge 
National Laboratory. The NNSA estimates its program to convert 
five research reactors will cost approximately $1,100,000,000 
and that, even at this cost, the ATR and HFIR reactors would 
not be converted until at least the 2030s. These reactors and 
their fuels are located in highly secure facilities on 
Department of Energy sites that have safe storage for 
significant quantities of nuclear materials. With no plans to 
otherwise remove nuclear materials from those sites, there are 
few benefits to proceeding with a costly effort to convert 
those reactors. Rather than allocate limited defense funding to 
conversion, the recommendation prioritizes funding to extend 
the life of these facilities and to upgrade safety and security 
postures at those sites within the respective infrastructure 
funding lines.
    Use of Prior-Year Balances.--The NNSA has been slow to make 
progress on reducing the size of its prior-year balances. To 
offset fiscal year 2019 needs and to close out discontinued 
activities, the recommendation directs the use of $36,396,000 
in prior-year balances within the following programs that have 
not received funding since fiscal year 2015: Elimination of 
Weapons Grade Plutonium Production in Russia, Global Threat 
Reduction Initiative, International Nuclear Materials 
Protection and Cooperation, Nonproliferation and Verification 
Research and Development, Nonproliferation and International 
Security, Russian Surplus Fissile Materials Disposition, 
Supporting Activities, U.S. Plutonium Disposition, U.S. Uranium 
Disposition, and Waste Solidification Building.

             NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE

    The NNSA's Nuclear Counterterrorism and Incident Response 
programs respond to and mitigate nuclear and radiological 
incidents worldwide in order to defend the nation from the 
threat of nuclear terrorism. The Committee recommends 
$319,185,000.
    The Radiological Assistance Program (RAP) is a critical 
activity that plays a major role in our nation's ability to 
detect, deter, and respond to a domestic nuclear or 
radiological incident. The Committee supports the Department's 
efforts to modernize mission critical equipment that has 
exceeded its useful life. It is imperative that response teams 
possess the best available technology to carry out their 
missions. The Committee urges the Department to move forward 
expeditiously with the RAP critical equipment modernization and 
provide the Committee with a timeline for this effort. High 
priority equipment recapitalization needs for this program 
include hand-held, high resolution, spectroscopic measurement 
instrumentation which is used to specifically identify nuclear 
threat materials.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $28,640,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans.

                             Naval Reactors


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2018...................................    $1,620,000,000
Budget estimate, 2019.................................     1,788,618,000
Recommended, 2019.....................................     1,788,618,000
Comparison:
    Appropriation, 2018...............................      +168,618,000
    Budget estimate, 2019.............................             - - -
 

    The Naval Reactors (NR) program is responsible for all 
aspects of naval nuclear propulsion from technology development 
through reactor operations to ultimate reactor plant disposal. 
The program provides for the design, development, testing, and 
evaluation of improved naval nuclear propulsion plants and 
reactor cores. The recommendation fully funds the request to 
develop the Columbia-Class submarine, previously identified as 
the Ohio-replacement submarine, and to refuel the S8G 
prototype, which is closely linked to the Columbia-Class 
submarine.
    Naval Reactors Development.--Within amounts for Naval 
Reactors Development, $85,500,000 is provided for Advanced Test 
Reactor Operations.

                     Federal Salaries And Expenses


 
 
 
Appropriation, 2018...................................      $407,595,000
Budget estimate, 2019.................................       422,529,000
Recommended, 2019.....................................       422,525,000
Comparison:
    Appropriation, 2018...............................       +14,934,000
    Budget estimate, 2019.............................             - - -
 

    The Federal Salaries and Expenses account provides 
corporate planning and oversight for Defense Programs, Defense 
Nuclear Nonproliferation, and Naval Reactors, including the 
NNSA field offices in New Mexico, Nevada, and California.
    The Department is directed to undertake a review of the 
manning for the NNSA's Office of General Counsel and the NNSA's 
Office of Congressional and Intergovernmental Affairs to 
determine whether those functions could be combined with the 
Department of Energy's Office of the General Counsel and the 
Department of Energy's Office of Congressional and 
Intergovernmental Affairs to eliminate duplication. The 
Department shall report the results of its review to the 
Committees on Appropriations of both Houses of Congress not 
later 90 days after the enactment of this Act. The report shall 
include the Department's recommendations as well as potential 
savings in full time equivalent (FTE) NNSA employee allocations 
that the NNSA could otherwise assign to meet its needs for 
additional programmatic personnel under existing legislative 
caps. The review shall include consideration of transfer of 
Overseas Presence personnel that perform Department-wide duties 
and are funded via the Department's Working Capital Fund, but 
that currently count against the NNSA personnel caps on FTE 
staff.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES


                     Defense Environmental Cleanup


 
 
 
Appropriation, 2018...................................    $5,988,048,000
Budget estimate, 2019.................................     5,630,217,000
Recommended, 2019.....................................     5,759,220,000
Comparison:
    Appropriation, 2018...............................      -228,828,000
    Budget estimate, 2019.............................      +129,003,000
 

    The Defense Environmental Cleanup account provides funding 
for identifying and reducing risks and managing waste at sites 
where the nation carried out defense-related nuclear research 
and production activities that resulted in radioactive, 
hazardous, and mixed waste contamination requiring remediation, 
stabilization, or some other cleanup action.
    While the Department's budget request for the Office of 
Environmental Management (EM) included increases at some sites, 
those increases were at the expense of other important cleanup 
activities at Hanford, Idaho, and Oak Ridge. The Committee's 
recommendation continues to fund a balanced approach that 
sustains the momentum of ongoing cleanup activities more 
consistently across all DOE cleanup sites.
    Not later than 15 days after the enactment of this Act, EM 
shall provide to the Committees of Appropriations of both 
Houses of Congress an updated project data sheet for each EM 
major construction project funded by this Act for which the 
Department listed a cost or schedule reporting element as 
``TBD'' in its fiscal year 2019 budget request.
    Excess Facilities.--The recommendation includes additional 
one-time increases to accelerate the decontamination and 
decommissioning of certain high-risk excess facilities that 
were previously not slated for cleanup in the near term. Since 
the excess facilities projects funded in fiscal year 2018 are 
not shovel-ready, final cost estimates and schedules for how 
soon those efforts can be accomplished have not yet been 
developed. The Committee will monitor the progress of the 
accelerations funded in fiscal year 2018 to determine when and 
where additional funds can be executed on specific projects.
    Within amounts for OR Excess Facilities D&D, $15,000,000 is 
for demolition of Alpha-4 Building 9201-4 COLEX Process 
Equipment and $10,000,000 is for demolition of Building 9213. 
Within ID Excess Facilities D&D, $10,000,000 is provided for 
the D&D of excess facilities and infrastructure at Idaho 
National Laboratory. Within RL Excess Facilities D&D, EM shall 
commence work on high risk contaminated excess facilities at 
the Hanford Site identified in its Plan for Deactivation and 
Decommissioning of Nonoperational Defense Nuclear Facilities 
submitted to Congress in December 2016. In identifying new 
accelerations, EM should prioritize higher risk facilities 
identified as ``Tier I'' to take advantage of the current 
skilled workforce at the site.
    Hanford Site.--The recommendation includes funds above the 
budget request for the Richland Operations Office to support 
stable funding for general cleanup activities at the Hanford 
Site, to ensure expeditious completion of the remaining 
Columbia River Corridor work, and to prevent delays to existing 
and new Tri-Party Agreement milestones.
    Within the Office of River Protection, $15,000,000 is 
provided for the planning and conduct of a pilot plant 
demonstration project to validate commercial scale application 
of treatment, stabilization, transportation, and disposal of 
Hanford tank waste that includes, among other activities, 
filtration and ion-exchange of tank waste to qualify the 
pretreated waste stream as low-activity waste (LAW). The 
Department shall submit to the Committees on Appropriations of 
both Houses of Congress not later than September 30, 2019, a 
report that includes the lessons learned from the 
demonstration, estimated potential tank waste lifecycle cost 
and schedule savings, and recommendations, including 
alternatives for off-site commercial LAW treatment and disposal 
from an initial set of three Hanford tanks.
    Waste Treatment Plant (WTP).--The recommendation provides 
funding for the Waste Treatment Plant consistent with the 
reprogramming control points in the fiscal year 2018 Act, which 
better reflects the actual execution of the project. The 
Department is directed to submit its fiscal year 2020 budget 
request consistent with this budget structure.
    The Department is directed to resume full engineering 
design to resolve safety-related design issues for the High-
Level Waste Treatment facility and the Pretreatment facility 
and shall report to the Committees on Appropriations of both 
Houses of Congress before moving forward with any plans to 
place the High-Level Waste Treatment facility and the Pre-
Treatment facility into preservation mode for an extended 
period of time.
    The Government Accountability Office recently produced a 
report that cast doubt on the Office of River Protection's 
ability to carry out oversight of its contractors' quality 
assurance programs for the WTP project because its 
organizational structure did not ensure the independence of its 
oversight division. To ensure that oversight has been 
effectively conducted and that quality assurance issues have 
been appropriately identified prior to startup, the Department 
is directed to contract with an outside, independent agent with 
expertise in quality assurance programs to review current 
quality assurance procedures and to determine the full extent 
to which problems exist in all WTP structures.
    Idaho Site.--Within amounts for Idaho, $5,000,000 is 
provided for maturing the application of technologies to 
retrieve and disposition remote-handled mixed low level 
radioactive waste.
    Savannah River Site.--Within available funds for Site Risk 
Management, $3,000,000 shall be to support the disposition of 
spent fuel from the High Flux Isotope Reactor. As directed in 
fiscal year 2018, EM shall not change cost sharing arrangements 
to reallocate site indirect costs from the NNSA to EM. The 
recommendation does not include additional funds for the 
Emergency Operations Center as EM has not yet completed a 
conceptual design for that project. Per 50 U.S.C. 2746, the 
Department is required to complete a conceptual design before 
requesting funding for a major construction project. The 
recommendation reallocates prior-year balances from Saltstone 
Disposal Unit 6 to fund additional needs of follow-on disposal 
unit projects at Savannah River.
    19-D-710 Savannah River Security System Replacement.--The 
recommendation includes $10,000,000. The project to upgrade the 
security systems at H, L, and K area facilities is a major 
construction activity, and the Department is required to obtain 
congressional authorization for carrying out the project as it 
did for similar projects at the Nevada National Security Site, 
Los Alamos National Laboratory, and the Y-12 National Security 
Complex. Not later than 30 days after the enactment of this 
Act, EM shall submit a project data sheet that includes planned 
scope, cost estimates, and schedule for the upgrade project.
    Technology Development.--Within Technology Development and 
Deployment, $5,000,000 is provided for the National Spent 
Nuclear Fuel Program to address issues related to storing, 
transporting, processing, and disposing of DOE-owned and 
managed spent nuclear fuel. Within these amounts, EM shall 
utilize funding to address the need for additional assessments 
into material degradation that may occur as a result of 
multiple decades of EM spent nuclear fuel storage facilities, 
nuclear material measuring and monitoring in DOE storage 
systems, and other activities recommendation by the U.S. 
Nuclear Waste Technical Review Board in its 2017 report on the 
Management and Disposal of U.S. Department of Energy Spent 
Nuclear Fuel. Also within Technology Development and 
Deployment, up to $5,000,000 shall be for research and 
development projects to improve worker safety and the 
Department is encouraged to consider exploring options to 
develop and deploy wearable robotic devices to enhance worker 
safety.
    The Committee encourages the Department to continue a 
robust research effort to advance nuclear filtration testing 
and the development of state of the art containment ventilation 
systems.

                        Other Defense Activities


 
 
 
Appropriation, 2018...................................      $840,000,000
Budget estimate, 2019.................................       853,300,000
Recommended, 2019.....................................       870,300,000
Comparison:
    Appropriation, 2018...............................       +30,300,000
    Budget estimate, 2019.............................       +17,000,000
 

    The Other Defense Activities account provides funding for 
the Office of Environment, Health, Safety and Security; the 
Office of Independent Enterprise Assessments; the Office of 
Legacy Management; Specialized Security Activities; Defense 
Related Administrative Support; and the Office of Hearings and 
Appeals.
    Within the Office of Nuclear Safety, the Committee directs 
the Department to continue its research into developing an 
advanced simulation tool that can more realistically predict 
the nonlinear response of critical nuclear facilities during 
earthquakes. With many mission critical facilities in 
seismically active regions, this research is in our nation's 
vital interest.
    The agreement includes $17,000,000 above the budget request 
for targeted investments to defend the U.S. energy sector 
against the evolving threat of cyber and other attacks in 
support of the resiliency of the nation's electric grid and 
energy infrastructure.

                     Defense Nuclear Waste Disposal


 
 
 
Appropriation, 2018...................................            $- - -
Budget estimate, 2019.................................        30,000,000
Recommended, 2019.....................................        30,000,000
Comparison:
    Appropriation, 2018...............................       +30,000,000
    Budget estimate, 2019.............................             - - -
 

    The Defense Nuclear Waste Disposal appropriation was 
established by the Congress for activities related to the 
disposal of defense high-level waste from the Department's 
atomic energy defense activities in lieu of payment from the 
Department of Energy into the Nuclear Waste Fund.

                    POWER MARKETING ADMINISTRATIONS

    Management of the federal power marketing functions was 
transferred from the Department of the Interior to the 
Department of Energy in the Department of Energy Organization 
Act of 1977 (Public Law 95-91). These functions include the 
power marketing activities authorized under section 5 of the 
Flood Control Act of 1944 and all other functions of the 
Bonneville Power Administration, the Southeastern Power 
Administration, the Southwestern Power Administration, and the 
power marketing functions of the Bureau of Reclamation that 
have been transferred to the Western Area Power Administration.
    All four power marketing administrations give preference in 
the sale of their power to publicly-owned and cooperatively-
owned utilities. Operations of the Bonneville Power 
Administration are financed principally under the authority of 
the Federal Columbia River Transmission System Act (Public Law 
93-454). Under this Act, the Bonneville Power Administration is 
authorized to use its revenues to finance the costs of its 
operations, maintenance, and capital construction, and to sell 
bonds to the Treasury if necessary to finance any additional 
capital program requirements.
    Beginning in fiscal year 2011, power revenues from the 
Southeastern, Southwestern, and Western Area Power 
Administrations, which were previously classified as mandatory 
offsetting receipts, were reclassified as discretionary 
offsetting collections to directly offset annual expenses. The 
capital expenses of Southwestern and Western Area Power 
Administrations are appropriated annually.
    Beginning in fiscal year 2018, the Congressional Budget 
Office (CBO) changed its scoring of the power marketing 
administrations (PMAs). The change stemmed from information on 
execution of language regarding purchase power and wheeling 
expenses and offsetting collections included in this bill each 
year. The Committee appreciates the PMAs' and their customers' 
efforts to provide additional financial information. To address 
the increased score in the short-term, the recommendation 
reduces the maximum level for purchase power and wheeling below 
the budget request. The Committee will continue to work with 
the PMAs, their customers, and CBO to resolve scoring issues 
appropriately.
    Organizational Reporting.--The Department recently 
announced a change in organizational structure moving the point 
of reporting for the PMAs to the Assistant Secretary for 
Electricity from the Deputy Secretary. The Committee has heard 
concerns that the realignment may indicate an intention to 
change the substantive relationship between the Department and 
each PMA, including actions related to PMA leadership 
decisions, use of the PMAs and their resources, and ratemaking; 
the Committee does not support such a change. The PMAs have 
unique statutory requirements, and the Committee expects the 
Department to adhere to and not expand upon those requirements.

                  Bonneville Power Administration Fund

    The Bonneville Power Administration (BPA) is the Department 
of Energy's marketing agency for electric power in the Pacific 
Northwest. Bonneville provides electricity to a 300,000 square 
mile service area in the Columbia River drainage basin. 
Bonneville markets the power from federal hydropower projects 
in the Northwest, as well as power from non-federal generating 
facilities in the region, and exchanges and markets surplus 
power with Canada and California.
    The Committee encourages the Corps of Engineers and Bureau 
of Reclamation to work with the BPA on efforts to drive down 
costs and promote BPA's long-term competitiveness. Assuring BPA 
competitiveness is important not only for BPA's operation, but 
to ensure Treasury repayment and assist the Corps and 
Reclamation in meeting their core functions (including 
navigation, flood control, water supply, and irrigation). The 
Committee is pleased that the operating agencies have taken 
important short-term steps on cost control and encourages 
efforts to make long-term improvements. The Committee 
encourages the Corps and Bureau to work with BPA to optimize 
investment in the federal hydropower system, including 
prioritization of investments, effective project management 
approaches, including efficient procurement of equipment and 
services, and ensuring the cost effectiveness of any proposed 
higher capital spending levels for hydropower facilities. In 
addition, the Committee urges the operating agencies to 
strongly consider a review of the allocation of project costs 
including joint costs for the projects in the Federal Columbia 
River Power System and a review of the authorities allowing 
changes to such allocations, and to explore matters such as: 
(1) a more flexible workforce and business-oriented 
organization; (2) increased reliance on system automation as 
appropriate; (3) strategies to get labor costs stable or 
reduced long-term; and (4) further review of costs of 
conducting the new environmental impact statement for Columbia 
River System Operations to determine what costs are truly 
incremental.

      Operation and Maintenance, Southeastern Power Administration


 
 
 
Budget estimate, 2019.................................            $- - -
Appropriation, 2018...................................             - - -
Recommended, 2019.....................................             - - -
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................             - - -
 

    The Southeastern Power Administration (SEPA) markets 
hydroelectric power produced at 22 Corps Projects in 11 states 
in the southeast. Southeastern does not own or operate any 
transmission facilities, so it contracts to ``wheel'' its power 
using the existing transmission facilities of area utilities.

      Operation and Maintenance, Southwestern Power Administration


 
 
 
Appropriation, 2018...................................       $11,400,000
Budget estimate, 2019.................................        10,400,000
Recommended, 2019.....................................        10,400,000
Comparison:
    Appropriation, 2018...............................        -1,000,000
    Budget estimate, 2019.............................             - - -
 

    The Southwestern Power Administration (SWPA) markets 
hydroelectric power produced at 24 Corps projects in the six-
state area of Arkansas, Kansas, Louisiana, Missouri, Oklahoma, 
and Texas. SWPA operates and maintains 1,380 miles of 
transmission lines, along with supporting substations and 
communications sites.

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


 
 
 
Appropriation, 2018...................................       $93,372,000
Budget estimate, 2019.................................        89,372,000
Recommended, 2019.....................................        89,372,000
Comparison:
    Appropriation, 2018...............................        -4,000,000
    Budget estimate, 2019.............................             - - -
 

    The Western Area Power Administration is responsible for 
marketing the electric power generated by the Bureau of 
Reclamation, the Corps, and the International Boundary and 
Water Commission. Western also operates and maintains a system 
of transmission lines nearly 17,000 miles long. Western 
provides electricity to 15 western states over a service area 
of 1.3 million square miles.

           Falcon and Amistad Operating and Maintenance Fund


 
 
 
Appropriation, 2018...................................          $228,000
Budget estimate, 2019.................................           228,000
Recommended, 2019.....................................           228,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................             - - -
 

    Falcon Dam and Amistad Dam are two international water 
projects located on the Rio Grande River between Texas and 
Mexico. Power generated by hydroelectric facilities at these 
two dams is sold to public utilities through the Western Area 
Power Administration. The Foreign Relations Authorization Act 
for Fiscal Years 1994 and 1995 created the Falcon and Amistad 
Operating and Maintenance Fund to defray the costs of 
operation, maintenance, and emergency activities. The Fund is 
administered by the Western Area Power Administration for use 
by the Commissioner of the U.S. Section of the International 
Boundary and Water Commission.
    The budget request includes a proposal for authority to 
accept contributed funds in fiscal year 2019 for use in 
fulfilling duties associated with the Falcon and Amistad Dams. 
This authority would be equivalent to the authority used 
throughout the Western Area Power Administration to secure 
alternative financing. The Committee includes this proposal.
    The Committee continues to hear concerns that additional 
infrastructure investments are necessary at these dams. The 
fiscal year 2018 Act directed Western to coordinate with the 
International Boundary and Water Commission to determine a plan 
for addressing any needed improvements and brief the Committees 
on Appropriations of both Houses of Congress not later than 90 
days after the enactment of this Act on progress towards 
finalizing a plan. The Committee reiterates this direction.

                  Federal Energy Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2018...................................      $367,600,000
Budget estimate, 2019.................................       369,900,000
Recommended, 2019.....................................       369,900,000
Comparison:
    Appropriation, 2018...............................        +2,300,000
    Budget estimate, 2019.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2018...................................     $-367,600,000
Budget estimate, 2019.................................      -369,900,000
Recommended, 2019.....................................      -369,900,000
Comparison:
    Appropriation, 2018...............................        -2,300,000
    Budget estimate, 2019.............................             - - -
 

    The Committee recommendation for the Federal Energy 
Regulatory Commission (FERC) is $369,900,000, the same as the 
budget request. Revenues for FERC are established at a rate 
equal to the budget authority, resulting in a net appropriation 
of $0.
    The fiscal year 2018 Act directed FERC to analyze 
electricity transmission investment incentives in rate 
treatments to determine ways to encourage efficient investment 
for critical infrastructure security and to report this 
analysis to the Committees on Appropriations of both Houses of 
Congress not later than 180 days after the enactment of the 
Act. The Committee encourages FERC to meet the provided 
deadline.
    Resilience.--California recently experienced one of its 
worst fire seasons in modern history, resulting in severe 
challenges to the well-being of utilities and the electric 
system in that state. The Committee is concerned that the safe, 
reliable, and affordable delivery of electricity to consumers 
could be compromised by the increasing frequency and severity 
of natural disasters--including hurricanes, floods, and 
wildfires. The Committee directs the Federal Energy Regulatory 
Committee (FERC) to continue working with industry on cost-
effective ways within its jurisdiction to increase the 
resilience of the electric transmission system. These efforts 
shall include just and reasonable cost-recovery mechanisms for 
the development of resilient infrastructure and system repair 
and restoration, as well as practices to better prepare the 
nation's bulk power system for natural disasters. FERC shall 
study the impacts and effects of strict liability doctrines on 
utilities' ability to invest in the reliability and resilience 
of transmission systems. FERC is directed to report its 
findings and recommendations to the Committees on 
Appropriations of both Houses of Congress, as well as the House 
Energy and Commerce Committee and the Senate Energy and Natural 
Resources Committee, not later than 90 days after the enactment 
of this Act.

                        COMMITTEE RECOMMENDATION

    The Committee's detailed funding recommendations for 
programs in Title III are contained in the following table:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


                     (INCLUDING TRANSFERS OF FUNDS)

    The bill includes a provision that prohibits the use of 
funds provided in this title to initiate requests for 
proposals, other solicitations or arrangements for new programs 
or activities that have not yet been approved and funded by the 
Congress; requires notification or a report for certain funding 
actions; prohibits funds to be used for certain multi-year 
``Energy Programs'' activities without notification; prohibits 
the obligation or expenditure of funds provided in this title 
through a reprogramming of funds except in certain 
circumstances; and permits the transfer and merger of 
unexpended balances of prior appropriations with appropriation 
accounts established in this bill.
    The bill continues a provision that authorizes intelligence 
activities of the Department of Energy for purposes of section 
504 of the National Security Act of 1947.
    The bill continues a provision that prohibits the use of 
funds in this title for capital construction of high hazard 
nuclear facilities, unless certain independent oversight is 
conducted.
    The bill continues a provision that prohibits the use of 
funds provided in this title to approve critical decision-2 or 
critical decision-3 for certain construction projects, unless a 
separate independent cost estimate has been developed for that 
critical decision.
    The bill includes a provision limiting the amount of funds 
to be used for the working capital fund.
    The bill continues a provision restricting certain 
activities in the Russian Federation.
    The bill continues a provision regarding management of the 
Strategic Petroleum Reserve.
    The bill includes a provision restricting the use of funds 
for the Mixed Oxide Fuel Fabrication Facility Project.
    The bill includes a provision regarding authority to 
release refined petroleum product from the Strategic Petroleum 
Reserve (SPR). Instead of engaging the Congress on developing 
appropriate legislation for a regional refined petroleum 
product reserve, the previous Administration chose to establish 
the Northeast Gasoline Supply Reserve (NGSR) under the existing 
authorities of the SPR. As such, the NGSR is subject to 
national impact thresholds for releases, making it 
operationally ineffective as a regional product reserve. The 
Committee on Energy and Commerce of the House of 
Representatives is evaluating the proper configuration of the 
SPR in light of current circumstances. This evaluation will be 
informed, in part, by an assessment of the SPR being undertaken 
by the Government Accountability Office. While this work is 
ongoing, this bill includes temporary authority to ensure the 
operational effectiveness of the NGSR.
    The bill includes a provision regarding a report on the 
potential of locating a reprocessing or recycling facility for 
spent nuclear fuel near the Yucca Mountain site.

                     TITLE IV--INDEPENDENT AGENCIES


                    Appalachian Regional Commission


 
 
 
Appropriation, 2018...................................      $155,000,000
Budget estimate, 2019.................................       152,000,000
Recommended, 2019.....................................       155,000,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................        +3,000,000
 

    The Appalachian Regional Commission (ARC) is a regional 
economic development agency established in 1965 by the 
Appalachian Regional Development Act (P.L. 89-4). It is 
composed of the governors of the 13 Appalachian States and a 
federal co-chair appointed by the President. Each year, the ARC 
provides funding for several hundred projects in the 
Appalachian Region in areas such as business development, 
education and job training, telecommunications, infrastructure, 
community development, housing, and transportation.
    To diversify and enhance regional business development, 
$10,000,000 is provided to continue the program of high-speed 
broadband deployment in distressed counties within the Central 
Appalachian region that have been most negatively impacted by 
the downturn in the coal industry. This funding shall be in 
addition to the 30 percent directed to distressed counties.
    The Committee is concerned that many rural areas in the 
Central Appalachian region continue to face a variety of 
significant and detrimental health issues. The Committee 
directs the ARC to engage in a partnership with a rural 
consortium that includes academic entities, rural health care 
providers, and economic development entities in order to 
develop information and data on overall agricultural and human 
health issues, how economic distress can be overcome through 
addressing these issues, and strategies for implementing 
solutions. The ARC is directed to provide to the Committees on 
Appropriations of both Houses of Congress not later than one 
year after the enactment of this Act a report describing 
activities in support of this effort.
    Within available funds, the Committee directs $50,000,000 
for activities in support of the POWER+ Plan.
    The ARC targets 50 percent of its funds to distressed 
counties or distressed areas in the Appalachian region. The 
Committee continues to believe this should be the primary focus 
of the ARC.

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2018...................................       $31,000,000
Budget estimate, 2019.................................        31,243,000
Recommended, 2019.....................................        31,243,000
Comparison:
    Appropriation, 2018...............................          +243,000
    Budget estimate, 2019.............................             - - -
 

    The Defense Nuclear Facilities Safety Board (DNFSB) was 
created by the fiscal year 1989 National Defense Authorization 
Act. The Board, composed of five members appointed by the 
President, provides advice and recommendations to the Secretary 
of Energy regarding public health and safety issues at the 
Department's defense nuclear facilities. The DNFSB is 
responsible for reviewing and evaluating the content and 
implementation of the standards relating to the design, 
construction, operation, and decommissioning of the Department 
of Energy's defense nuclear facilities.

                        Delta Regional Authority


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2018...................................       $25,000,000
Budget estimate, 2019.................................         2,500,000
Recommended, 2019.....................................        15,000,000
Comparison:
    Appropriation, 2018...............................       -10,000,000
    Budget estimate, 2019.............................       +12,500,000
 

    The Delta Regional Authority (DRA) is a federal-state 
partnership established by the Delta Regional Authority Act of 
2000 (P.L. 106-554) that serves a 252-county/parish area in an 
eight-state region near the mouth of the Mississippi River. Led 
by a federal co-chair and the governors of each participating 
state, the DRA is designed to remedy severe and chronic 
economic distress by stimulating economic development and 
fostering partnerships that will have a positive impact on the 
region's economy. The DRA seeks to help local communities 
leverage other federal and state programs that are focused on 
basic infrastructure development, transportation improvements, 
business development, and job training services. Under federal 
law, at least 75 percent of appropriated funds must be invested 
in distressed counties and parishes, with 50 percent of the 
funds for transportation and basic infrastructure improvements.
    The budget request proposed to eliminate funding for the 
DRA. The recommendation does not include funds to shut down the 
DRA.

                           Denali Commission


 
 
 
Appropriation, 2018...................................       $30,000,000
Budget estimate, 2019.................................         7,300,000
Recommended, 2019.....................................        15,000,000
Comparison:
    Appropriation, 2018...............................       -15,000,000
    Budget estimate, 2019.............................        +7,700,000
 

    The Denali Commission is a regional development agency 
established by the Denali Commission Act of 1998 (P.L. 105-277) 
to provide critical utilities, infrastructure, health services, 
and economic support throughout Alaska. To ensure that local 
communities have a stake in Commission-funded projects, local 
cost-share requirements for construction and equipment have 
been established for both distressed and non-distressed 
communities.
    The budget request proposed to eliminate funding for the 
Denali Commission. The recommendation does not include funds to 
shut down the Denali Commission.

                  Northern Border Regional Commission


 
 
 
Appropriation, 2018...................................       $15,000,000
Budget estimate, 2019.................................           850,000
Recommended, 2019.....................................        12,000,000
Comparison:
    Appropriation, 2018...............................        -3,000,000
    Budget estimate, 2019.............................       +11,150,000
 

    The Food, Conservation, and Energy Act of 2008 (P.L.110-
234) authorized the establishment of the Northern Border 
Regional Commission as a federal-state partnership intended to 
address the economic development needs of distressed portions 
of the four-state region of Maine, New Hampshire, Vermont, and 
New York.
    The budget request proposed to eliminate funding for the 
Northern Border Regional Commission. The recommendation does 
not include funds to shut down the Northern Border Regional 
Commission.

                 Southeast Crescent Regional Commission


 
 
 
Appropriation, 2018...................................          $250,000
Budget estimate, 2019.................................             - - -
Recommended, 2019.....................................           250,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................          +250,000
 

    The Food, Conservation, and Energy Act of 2008 (P.L. 110-
234) authorized the establishment of the Southeast Crescent 
Regional Commission as a federal-state partnership intended to 
address the economic development needs of distressed portions 
of the seven-state region in the southeastern United States not 
already served by a regional development agency.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2018...................................      $909,137,000
Budget estimate, 2019.................................       958,050,000
Recommended, 2019.....................................       953,050,000
Comparison:
    Appropriation, 2018...............................       +43,913,000
    Budget estimate, 2019.............................        -5,000,000
 

                                REVENUES

 
 
 
Appropriation, 2018...................................     $-779,768,000
Budget estimate, 2019.................................      -805,019,000
Recommended, 2019.....................................      -763,640,000
Comparison:
    Appropriation, 2018...............................       +16,128,000
    Budget estimate, 2019.............................       +41,379,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2018...................................      $129,301,000
Budget estimate, 2019.................................       153,031,000
Recommended, 2019.....................................       189,410,000
Comparison:
    Appropriation, 2018...............................       +60,109,000
    Budget estimate, 2019.............................       +36,379,000
 

    The Committee recommendation for the Nuclear Regulatory 
Commission (NRC) provides the following amounts:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2018         FY 2019
                             Account                                  enacted         request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety..........................................        $466,655        $474,767        $474,767
Nuclear Materials and Waste Safety..............................         113,145         110,609         110,609
Decommissioning and Low-Level Waste.............................          27,980          25,393          25,393
Integrated University Program...................................          15,000               0          15,000
Yucca licensing.................................................               0          47,700          47,700
Corporate Support...............................................         301,357         299,581         299,581
----------------------------------------------------------------------------------------------------------------
        TOTAL, Program Level....................................         924,137         958,050         973,050
Savings and Carryover...........................................         -15,000           - - -         -20,000
----------------------------------------------------------------------------------------------------------------
        TOTAL...................................................         909,137         958,050         953,050
----------------------------------------------------------------------------------------------------------------

    The recommendation includes $20,000,000 in savings for 
fiscal year 2019 that was not included in the budget request. 
The Committee directs the Commission to apply these savings in 
a manner that continues to ensure the protection of public 
health and safety and maintains the effectiveness of the 
current inspection program. Since the Commission has already 
collected fees corresponding to these activities in prior 
years, these funds are not included within the fee base 
calculation for determining authorized revenues and does not 
provide authority to collect additional offsetting receipts for 
their use.
    Within available funds, not more than $9,500,000 is 
included for salaries, travel, and other support costs for the 
Office of the Commission. These salaries and expenses shall 
include only salaries and benefit and travel costs, and not 
general and administrative and infrastructure costs. The 
Committee directs that these funds are to be jointly managed by 
the Commissioners, and the bill requires that the use and 
expenditure of these salaries and expenses shall only be by a 
majority vote of the Commission. The NRC shall continue to 
include a breakout and explanation of the Commission salaries 
and expenses in its annual budget requests. If the Commission 
wishes to change the composition of the funds requested for its 
salaries and expenses in future years, it must do so in an 
annual budget request or through a reprogramming.
    The recommendation directs $47,700,000 to continue 
adjudication of the Yucca Mountain license application.
    Integrated University Program.--The Committee 
recommendation includes $15,000,000 to provide financial 
support for the university education programs, as the 
Commission continues to be reliant on a pipeline of highly 
trained nuclear engineers and scientists and benefits 
substantially from this university program. Of this amount, 
$5,000,000 is to be used for grants to support research 
projects that do not align with programmatic missions, but are 
critical to maintaining the discipline of nuclear science and 
engineering.
    Transformation Initiative.--The Committee commends the NRC 
for launching its Transformation Initiative in January. This 
Initiative is intended to enhance the NRC's ability to evaluate 
and regulate new and novel technologies--such as accident 
tolerant fuels, new materials and new manufacturing approaches, 
big data, digital instrumentation and controls, and small 
modular and advanced reactor designs--that will challenge the 
NRC's current regulatory framework. As such, the NRC's success 
in this initiative will be essential to establishing a pathway 
for the efficient regulation of future nuclear technologies in 
the United States. The Committee expects the NRC budget request 
for fiscal year 2020 to include concrete proposals developed 
under the Initiative and to reflect savings achieved from their 
implementation.
    Accident Tolerant Fuel.--Development and deployment of 
accident tolerant fuel (ATF) holds great promise in improving 
both the safety and economics of the nation's existing reactor 
fleet. To develop an efficient framework for the qualification 
and regulation of these new fuels in support of their 
deployment by the mid-2020s, the NRC must ensure that its work 
is complementary to and not unnecessarily duplicative of the 
efforts of the Department of Energy, National Laboratories, and 
fuel developers. Not later than 180 days after the enactment of 
this Act, the NRC shall submit to the Committees on 
Appropriations of both Houses of Congress a plan describing the 
NRC's activities with respect to the testing of materials, the 
development of consensus standards, and the validation of 
computer codes and how these activities will be integrated with 
the work of external organizations. The plan shall describe how 
the Advanced Test Reactor, the Transient Reactor Test Facility, 
and the Halden Reactor are necessary to support these efforts.
    Digital Instrumentation and Control.--The future of 
commercial nuclear power depends, in part, on the NRC's ability 
to keep pace with innovation and technological developments. 
Although the NRC has demonstrated its capacity to adapt to new 
technology and innovation in its decision to issue a 
construction permit for a first-of-a-kind medical isotope 
production facility, this adaptive thinking is not evident in 
the NRC's work on the licensing of digital systems for nuclear 
safety-related applications, where the agency remains mired in 
unresolved complexity while the obsolesce issues for the U.S. 
nuclear fleet grow more and more urgent. Digital systems serve 
vital safety functions throughout the aviation and military 
sectors. Not later than 90 days after the enactment of this 
Act, the NRC shall provide to the Committees on Appropriations 
of both Houses of Congress a report describing the approaches 
to permitting the use of digital instrumentation and control in 
safety applications outside of nuclear, discussing whether 
these approaches would be acceptable in nuclear applications, 
and if not, explaining why not.
    Budget Execution Plan.--The Commission shall provide a 
specific budget execution plan to the Committees on 
Appropriations of both Houses of Congress not later than 30 
days after the enactment of this Act. The plan shall include 
details at the product line level within each of the control 
points.
    Rulemaking.--The Commission shall list all rulemaking 
activities planned, to include their priority, schedule, and 
actions taken to adhere to the backfit rule, in the annual 
budget request and the semi-annual report to Congress on 
licensing and regulatory activities.
    Reporting Requirements.--The Committee directs the 
Commission to continue to provide quarterly reports on 
licensing goals and right-sizing commitments, as described in 
the explanatory statement for P.L. 114-113.
    Organization Optimization.--In fiscal year 2018, the 
Commission was directed to submit a report on actions taken to 
improve the fidelity of the agency estimates of necessary FTE 
levels and to optimize the structure of the agency over the 
next five years. The Committee reaffirms this direction and may 
have additional guidance after review of the report.

                      OFFICE OF INSPECTOR GENERAL

                          GROSS APPROPRIATION

 
 
 
Appropriation, 2018...................................       $12,859,000
Budget estimate, 2019.................................        12,609,000
Recommended, 2019.....................................        12,609,000
Comparison:
    Appropriation, 2018...............................          -250,000
    Budget estimate, 2019.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2018...................................      $-10,555,000
Budget estimate, 2019.................................       -10,355,000
Recommended, 2019.....................................       -10,355,000
Comparison:
    Appropriation, 2018...............................          +200,000
    Budget estimate, 2019.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2018...................................        $2,304,000
Budget estimate, 2019.................................         2,254,000
Recommended, 2019.....................................         2,254,000
Comparison:
    Appropriation, 2018...............................           -50,000
    Budget estimate, 2019.............................             - - -
 

    The Committee has included $1,103,000 within this 
appropriation for the Defense Nuclear Facilities Safety Board 
for Inspector General services from the Nuclear Regulatory 
Commission Inspector General.

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2018...................................        $3,600,000
Budget estimate, 2019.................................         3,600,000
Recommended, 2019.....................................         3,600,000
Comparison:
    Appropriation, 2018...............................             - - -
    Budget estimate, 2019.............................             - - -
 

    The Nuclear Waste Technical Review Board (NWTRB) was 
established by the 1987 amendments to the Nuclear Waste Policy 
Act of 1982 to provide independent technical oversight of the 
Department of Energy's nuclear waste disposal program. The 
Committee expects the NWTRB to continue its active engagement 
with the Department and the Nuclear Regulatory Commission on 
issues involving nuclear waste disposal.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    The bill continues a provision requiring the Nuclear 
Regulatory Commission to fully comply with Congressional 
requests for information.
    The bill continues a provision regarding the circumstances 
in which the Nuclear Regulatory Commission may reprogram funds.

                      TITLE V--GENERAL PROVISIONS

    The bill continues a provision that prohibits the use of 
funds provided in this Act to, in any way, directly or 
indirectly influence congressional action on any legislation or 
appropriation matters pending before the Congress, other than 
to communicate to Members of Congress as described in section 
1913 of Title 18, United States Code.
    The bill continues a provision consolidating the transfer 
authorities into and out of accounts funded by this Act. No 
additional transfer authority is implied or conveyed by this 
provision. For the purposes of this provision, the term 
``transfer'' shall mean the shifting of all or part of the 
budget authority in one account to another.
    The bill continues a provision prohibiting funds in 
contravention of E.O. 12898 of February 11, 1994, regarding 
environmental justice.
    The bill includes a provision prohibiting funds in this Act 
from being used to maintain or establish computer networks 
unless such networks block the viewing, downloading, or 
exchange of pornography.
    The bill includes a provision prohibiting the use of funds 
to further implementation of components of the National Ocean 
Policy developed under E.O. 13547.
    The bill includes a provision prohibiting the use of funds 
to operate the Federal Columbia River Power System in a manner 
inconsistent with the Army Corps of Engineers' 2017 Fish 
Operations Plan.
    The bill includes a provision prohibiting the use of funds 
for the removal of any federally-owned or operated dam unless 
the removal was previously authorized by Congress.
    The bill continues a provision prohibiting funds in this 
Act from being used to close the Yucca Mountain license 
application process or for actions that would remove the 
possibility that Yucca Mountain might be an option in the 
future.
    The bill includes a provision regarding the spending 
reduction account.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds provided in the accompanying bill.

                   TITLE I--CORPS OF ENGINEERS--CIVIL

    Under section 103, ``General Provisions, Corps of 
Engineers--Civil'', $5,400,000 under the heading ``Operation 
and Maintenance'' may be transferred to the Fish and Wildlife 
Service to mitigate for fisheries lost due to Corps projects.

                    TITLE II--BUREAU OF RECLAMATION

    Under ``Water and Related Resources'', $67,393,000 is 
available for transfer to the Upper Colorado River Basin Fund 
and $5,551,000 is available for transfer to the Lower Colorado 
River Basin Development Fund. Such funds as may be necessary 
may be advanced to the Colorado River Dam Fund. The amounts of 
transfers may be increased or decreased within the overall 
appropriation under the heading.
    Under ``California Bay Delta Restoration'', such sums as 
may be necessary to carry out authorized purposes may be 
transferred to appropriate accounts of other participating 
federal agencies.

                    TITLE III--DEPARTMENT OF ENERGY

    Under ``Atomic Energy Defense Activities--National Nuclear 
Security Administration--Naval Reactors'', $85,500,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'' for the Advanced Test Reactor.
    Under section 301, ``General Provisions--Department of 
Energy'', unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation 
accounts for such activities established pursuant to this 
title. Balances so transferred 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.

   Disclosure of Earmarks and Congressionally Directed Spending Items

    Neither the bill nor the report contains any congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law.

                      TITLE I--CORPS OF ENGINEERS

    Language has been included under Corps of Engineers, 
Investigations, providing for detailed studies and plans and 
specifications of projects prior to construction.
    Language has been included under Corps of Engineers, 
Investigations, providing for a limited number of new starts.
    Language has been included under Corps of Engineers, 
Construction, stating that funds can be used for the 
construction of river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and 
related projects authorized by law, and for detailed studies 
and plans and specifications of such projects.
    Language has been included under Corps of Engineers, 
Construction, permitting the use of funds from the Inland 
Waterways Trust Fund and the Harbor Maintenance Trust Fund.
    Language has been included under Corps of Engineers, 
Construction, providing for a limited number of new starts.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, permitting the use of funds 
from the Harbor Maintenance Trust Fund.
    Language has been included under the Corps of Engineers, 
Operation and Maintenance, stating that funds can be used 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 authorized harbor channels provided by a State, 
municipality, or other public agency that serve essential 
navigation needs of general commerce; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to 
navigation.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, permitting the use of funds from the 
Harbor Maintenance Trust Fund; providing for the use of funds 
from a special account for resource protection, research, 
interpretation, and maintenance activities at outdoor 
recreation areas; and allowing use of funds to cover the cost 
of operation and maintenance of dredged material disposal 
facilities for which fees have been collected.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, providing that one percent of the 
total amount of funds provided for each of the programs, 
projects, or activities funded under the Operation and 
Maintenance heading shall not be allocated to a field operating 
activity until the fourth quarter of the fiscal year and 
permitting the use of these funds for emergency activities as 
determined by the Chief of Engineers to be necessary and 
appropriate.
    Language has been included under Corps of Engineers, 
Expenses, regarding support of the Humphreys Engineer Support 
Center 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.
    Language has been included under Corps of Engineers, 
Expenses, providing that funds are available for official 
reception and representation expenses.
    Language has been included under Corps of Engineers, 
Expenses, prohibiting the use of other funds in Title I of this 
Act for the activities funded in Expenses.
    Language has been included under Corps of Engineers, 
Expenses, permitting any Flood Control and Coastal Emergency 
appropriation to 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.
    Language has been included to provide for funding for the 
Office of the Assistant Secretary of the Army for Civil Works.
    Language has been included under Corps of Engineers, 
General Provisions, section 101, providing that none of the 
funds may be available for obligation or expenditure through a 
reprogramming of funds except in certain circumstances.
    Language has been included under Corps of Engineers, 
General Provisions, section 102, prohibiting the execution of 
any contract for a program, project or activity which commits 
funds in excess of the amount appropriated (to include funds 
reprogrammed under section 101) that remain unobligated.
    Language has been included under Corps of Engineers, 
General Provisions, section 103, providing for transfer 
authority to the Fish and Wildlife Service for mitigation for 
lost fisheries.
    Language has been included under Corps of Engineers, 
General Provisions, section 104, prohibiting certain dredged 
material disposal activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 105, prohibiting any acquisition 
that is not consistent with a certain federal regulation.
    Language has been included under Corps of Engineers, 
General Provisions, section 106, prohibiting certain activities 
at a Corps of Engineers project.
    Language has been included under Corps of Engineers, 
General Provisions, section 107, prohibiting requirement of a 
permit for the discharge of dredged or fill material under the 
Federal Water Pollution Control Act for certain activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 108, repealing a certain rule under 
the Federal Water Pollution Control Act.
    Language has been included under Corps of Engineers, 
General Provisions, section 109, allowing the possession of 
firearms at water resources development projects under certain 
circumstances.
    Language has been included under corps of Engineers, 
General Provisions, section 110, prohibiting funds for a new 
hopper dredge.

                  TITLE II--DEPARTMENT OF THE INTERIOR

    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds are available 
for fulfilling federal responsibilities to Native Americans and 
for grants to and cooperative agreements with State and local 
governments and Indian tribes.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, allowing fund transfers within the 
overall appropriation to the Upper Colorado River Basin Fund 
and the Lower Colorado River Basin Development Fund; providing 
that such sums as necessary may be advanced to the Colorado 
River Dam Fund; and, transfers may be increased or decreased 
within the overall appropriation.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing for funds to be derived 
from the Reclamation Fund or the special fee account 
established by 16 U.S.C. 6806; that funds contributed under 43 
U.S.C. 395 by non-federal entities shall be available for 
expenditure; and that funds advanced under 43 U.S.C. 397a are 
to be credited to the Water and Related Resources account and 
available for expenditure.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds may be used 
for high priority projects carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, directing the Bureau 
of Reclamation to assess and collect the full amount of 
additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, providing that none of 
the funds under the heading may be used for the acquisition or 
lease of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court order adopted by 
consent or decree.
    Language has been included under Bureau of Reclamation, 
California Bay-Delta Restoration, permitting the transfer of 
funds to appropriate accounts of other participating federal 
agencies to carry out authorized programs; allowing funds made 
available under this heading to be used for the federal share 
of the costs of the CALFED Program management; and requiring 
that CALFED implementation be carried out with clear 
performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the program.
    Language has been included under Bureau of Reclamation, 
Policy and Administration, providing that funds are to be 
derived from the Reclamation Fund and prohibiting the use of 
any other appropriation in the Act for activities budgeted as 
policy and administration expenses.
    Language has been included under Bureau of Reclamation, 
Administrative Provision, providing for the purchase of motor 
vehicles for replacement.
    Language has been included under General Provisions, 
Department of the Interior, section 201, providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances.
    Language has been included under General Provisions, 
Department of the Interior, section 202, regarding the San Luis 
Unit and the Kesterson Reservoir in California.
    Language has been included under General Provisions, 
Department of the Interior, section 203, regarding the use of 
diversion structures at a Bureau of Reclamation project.
    Language has been included under General Provisions, 
Department of the Interior, section 204, regarding a 
feasibility study.
    Language has been included under General Provisions, 
Department of the Interior, section 205, prohibiting funds to 
implement the San Joaquin River Restoration program.
    Language has been included under General Provisions, 
Department of the Interior, section 206, prohibiting funds to 
purchase water in certain circumstances.
    Language has been included under General Provisions, 
Department of the Interior, section 207, regarding pumped 
storage hydropower development.

                    TITLE III--DEPARTMENT OF ENERGY

    Language has been included under Energy Efficiency and 
Renewable Energy for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Electricity Delivery and 
Energy Reliability for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Nuclear Energy for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Fossil Energy Research and 
Development for the acquisition of interest, including 
defeasible and equitable interest in any real property or any 
facility or for plant or facility acquisition or expansion, and 
for conducting inquires, technological investigations, and 
research concerning the extraction, processing, use and 
disposal of mineral substances without objectionable social and 
environmental costs under 30 U.S.C. 3, 1602 and 1603.
    Language has been included under the Naval Petroleum and 
Oil Shale Reserves, permitting the use of unobligated balances.
    Language has been included under the Strategic Petroleum 
Reserve, directing the Secretary of Energy to draw down and 
sell crude oil from the Strategic Petroleum and providing that 
the proceeds be deposited in the Energy Security and 
Infrastructure Modernization Fund for use in carrying out the 
Life Extension II project.
    Language has been included under Science providing for the 
purchase, construction, and acquisition of plant and capital 
equipment; and for the purchase of motor vehicles and an 
airplane.
    Language has been included under Nuclear Waste Disposal for 
the acquisition of real property or facility construction or 
expansion.
    Language has been included under Innovative Technology Loan 
Guarantee Program crediting fees collected pursuant to section 
1702(h) of the Energy Policy Act of 2005 as offsetting 
collections to this account and making fees collected under 
section 1702(h) in excess of the appropriated amount 
unavailable for expenditure until appropriated.
    Language has been included under Innovative Technology Loan 
Guarantee Program prohibiting the subordination of certain 
interests.
    Language has been included under Innovative Technology Loan 
Guarantee Program rescinding subsidy amounts for the cost of 
loan guarantees.
    Language has been included under Departmental 
Administration providing for the hire of passenger vehicles and 
for official reception and representation expenses.
    Language has been included under Departmental 
Administration providing, notwithstanding the provisions of the 
Anti-Deficiency Act, such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others, as long as such increases are offset by revenue 
increases of the same or greater amounts.
    Language has been included under Departmental 
Administration, notwithstanding 31 U.S.C. 3302, and consistent 
with the authorization in Public Law 95-238, to permit the 
Department of Energy to use revenues to offset appropriations. 
The appropriations language for this account reflects the total 
estimated program funding to be reduced as revenues are 
received.
    Language has been included under Weapons Activities for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Defense Nuclear 
Nonproliferation for the purchase, construction, and 
acquisition of plant and capital equipment and other incidental 
expenses.
    Language has been included under Naval Reactors for the 
purchase, construction, and acquisition of plant and capital 
equipment, facilities, and facility expansion and for the 
purchase of aircraft.
    Language has been included under Naval Reactors 
transferring certain funds to Nuclear Energy.
    Language has been included under Federal Salaries and 
Expenses providing funding for official reception and 
representation expenses.
    Language has been included under Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment; and for the purchase of passenger 
vehicles.
    Language has been included under Other Defense Activities 
for the purchase, construction, and acquisition of plant and 
capital equipment.
    Language has been included under Defense Nuclear Waste 
Disposal for the acquisition of real property or facility 
construction or expansion.
    Language has been included under Bonneville Power 
Administration Fund providing funding for official reception 
and representation expenses and precluding any new direct loan 
obligations.
    Language has been included under Southeastern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southeastern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southeastern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Southwestern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southwestern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southwestern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration, providing funds for official reception and 
representation expenses.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration providing that, notwithstanding 31 U.S.C. 3302, 
16 U.S.C. 825s, and 43 U.S.C. 392a, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the Western Area Power Administration; 
amounts collected to recover purchase power and wheeling 
expenses shall be credited to the account as offsetting 
collections and remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that, notwithstanding 
68 Stat. 255 and 31 U.S.C. 3302, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the hydroelectric facilities of those dams 
and associated Western Area Power Administration activities.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that the Western Area 
Power Administration may accept a limited amount of 
contributions from the United States power customers of the 
Falcon and Amistad Dams for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for operating and maintenance of hydroelectric 
facilities.
    Language has been included under Federal Energy Regulatory 
Commission to permit the hire of passenger motor vehicles, to 
provide official reception and representation expenses, and to 
permit the use of revenues collected to reduce the 
appropriation as revenues are received.
    Language has been included under Department of Energy, 
General Provisions, section 301, prohibiting the use of funds 
to prepare or initiate requests for proposals or other 
solicitations or arrangements for programs that have not yet 
been fully funded by the Congress; requiring notification and 
reporting requirements for certain funding awards; limiting the 
use of multi-year funding mechanisms; providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances; and providing that unexpended balances of prior 
appropriations may be transferred and merged with new 
appropriation accounts established in this Act.
    Language has been included under Department of Energy, 
General Provisions, section 302, providing that funds for 
intelligence activities are deemed to be specifically 
authorized for purposes of section 504 of the National Security 
Act of 1947 during fiscal year 2019 until enactment of the 
Intelligence Authorization Act for fiscal year 2019.
    Language has been included under Department of Energy, 
General Provisions, section 303, prohibiting the use of funds 
for capital construction of high hazard nuclear facilities 
unless certain independent oversight is conducted.
    Language has been included under Department of Energy, 
General Provisions, section 304, prohibiting the use of funds 
to approve critical decision-2 or critical decision-3 for 
certain construction projects, unless a separate independent 
cost estimate has been developed for that critical decision.
    Language has been included under Department of Energy, 
General Provisions, section 305, limiting the amount of funds 
that may be transferred to the working capital fund.
    Language has been included under Department of Energy, 
General Provisions, section 306, prohibiting nonproliferation 
activities in the Russian Federation until certain reporting 
requirements are met.
    Language has been included under Department of Energy, 
General Provisions, section 307, limiting the authority of the 
Secretary of Energy to establish regional petroleum product 
reserves.
    Language has been included under Department of Energy, 
General Provisions, section 308, prohibiting the use of funds 
for the Mixed Oxide Fuel Fabrication Facility project unless 
certain requirements in the National Defense Authorization Act 
of 2018 are met.
    Language has been included under Department of Energy, 
General Provisions, section 309, authorizing the Secretary of 
Energy to draw down and sell refined petroleum product from the 
Strategic Petroleum Reserve under certain circumstances.
    Language has been included under Department of Energy, 
General Provisions, section 310, requiring the Secretary of 
Energy to submit a report regarding spent nuclear fuel.

                     TITLE IV--INDEPENDENT AGENCIES

    Language has been included under Appalachian Regional 
Commission providing for the hire of passenger vehicles and 
services authorized by 5 U.S.C. 3109.
    Language has been included under Delta Regional Authority 
allowing the expenditure of funds as authorized by the Delta 
Regional Authority Act without regard to section 382C(b)(2), 
382F(d), 382M and 382N of said Act.
    Language has been included under Denali Commission allowing 
the expenditure of funds notwithstanding section 306(g) of the 
Denali Commission Act of 1998, and providing for cost-share 
requirements for Commission-funded construction projects in 
distressed and non-distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (Division C, 
Title III, Public Law 105-277), and an amount not to exceed 50 
percent for non-distressed communities.
    Language has been included under Denali Commission allowing 
funding to be available for payment of a non-federal share for 
certain programs.
    Language has been included under Northern Border Regional 
Commission for expenditure as authorized by subtitle V of title 
40, United States Code, without regard to section 15751(b).
    Language has been included under Nuclear Regulatory 
Commission, Salaries and Expenses that provides for salaries 
and other support costs for the Office of the Commission, to be 
controlled by majority vote of the Commission.
    Language has been included under Nuclear Regulatory 
Commission, Salaries and Expenses that provides for official 
representation expenses and permits the use of revenues from 
licensing fees, inspections services, and other services for 
salaries and expenses to reduce the appropriation as revenues 
are received. Funding is provided to support university 
research and development, and for a Nuclear Science and 
Engineering Grant Program.
    Language has been included under the Nuclear Regulatory 
Commission providing funds that are not derived from fee 
revenues.
    Language has been included under Office of Inspector 
General that provides for the use of revenues from licensing 
fees, inspections services, and other services for salaries and 
expenses, notwithstanding section 3302 of title 31, United 
States Code, to reduce the appropriation as revenues are 
received.
    Language has been included under Independent Agencies, 
General Provisions, section 401, requiring the NRC to comply 
with certain procedures when responding to Congressional 
requests for information.
    Language has been included under Independent Agencies, 
General Provision, section 402, providing that none of the 
funds may be available for obligation or expenditure through a 
reprogramming of funds except in certain circumstances.

                      TITLE V--GENERAL PROVISIONS

    Language has been included under General Provisions, 
section 501, prohibiting the use of funds in this Act to 
influence congressional action on any legislation or 
appropriation matters pending before the Congress.
    Language has been included under General Provisions, 
section 502, prohibiting the transfer of funds except pursuant 
to a transfer made by, or transfer authority provided in this 
or any other appropriations Act, or certain other authorities, 
and requiring a report.
    Language has been included under General Provisions, 
section 503, prohibiting funds in contravention of Executive 
Order No. 12898 of February 11, 1994, regarding environmental 
justice.
    Language has been included under General Provisions, 
section 504, prohibiting funds from being used to maintain or 
establish computer networks unless such networks block the 
viewing, downloading, or exchange of pornography.
    Language has been included under General Provisions, 
section 505, prohibiting the use of funds to further 
implementation of components of the National Ocean Policy 
developed under Executive Order 13547.
    Language has been included under General Provisions, 
section 506, prohibiting the use of funds to operate the 
Federal Columbia River Power System hydroelectric dams in a 
manner inconsistent with a 2017 operations plan.
    Language has been included under General Provisions, 
section 507, prohibiting the use of funds for the removal of 
any federally-owned or operated dam unless the removal has been 
previously authorized by Congress.
    Language has been included under General Provisions, 
section 508, prohibiting funds in this Act from being used to 
close the Yucca Mountain license application process, or for 
actions that would remove the possibility that Yucca Mountain 
might be an option in the future.
    Language has been included under General Provisions, 
section 509, setting at $0 the amount that the proposed new 
budget authority exceeds the allocation made by the Committee 
on Appropriations under section 302(b) of the Congressional 
Budget Act of 1974.

                          Program Duplication

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                          Directed Rule Making

    The bill does not direct any rule making.

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009

           *       *       *       *       *       *       *



             TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

                    Subtitle A--Feasibility Studies

SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.

  (a) In General.--The Secretary of the Interior, acting 
through the Bureau of Reclamation, may conduct feasibility 
studies on projects that address water shortages within the 
Snake, Boise, and Payette River systems in the State of Idaho, 
and are considered appropriate for further study by the Bureau 
of Reclamation Boise Payette water storage assessment report 
issued during 2006.
  (b) Bureau of Reclamation.--A study conducted under this 
section shall comply with Bureau of Reclamation policy 
standards and guidelines for studies.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of the Interior to carry out 
this section $3,000,000.
  (d) Termination of Effectiveness.--The authority provided by 
this section terminates on the date that is [10] 20 years after 
the date of enactment of this Act.

           *       *       *       *       *       *       *

                              ----------                              


            SECTION 9 OF THE RECLAMATION PROJECT ACT OF 1939

  Sec. 9. (a) No expenditures for the construction of any new 
project, new division of a project, or new supplemental works 
on a project shall be made, nor shall estimates be submitted 
therefor, by the Secretary until after he has made an 
investigation thereof and has submitted to the President and to 
the Congress his report and findings on--
  (1) the engineering feasibility of the proposed construction;
  (2) the estimated cost of the proposed construction;
  (3) the part of the estimated cost which can properly be 
allocated to irrigation and probably be repaid by the water 
users;
  (4) the part of the estimated cost which can properly be 
allocated to power and probably be returned to the United 
States in net power revenues;
  (5) the part of the estimated cost which can properly be 
allocated to municipal water supply or other miscellaneous 
purposes and probably be returned to the United States.
If the proposed construction is found by the Secretary to have 
engineering feasibility and if the repayable and returnable 
allocations to irrigation, power, and municipal water supply or 
other miscellaneous purposes found by the Secretary to be 
proper, together with any allocation to flood control or 
navigation made under subsection (b) of this section, equal the 
total estimated cost of construction as determined by the 
Secretary, then the new project, new division of a project, or 
supplemental works on a project, covered by his findings, shall 
be deemed authorized and may be undertaken by the Secretary. If 
all such allocations do not equal said total estimated cost, 
then said new project, new division, or new supplemental works 
may be undertaken by the Secretary only after provision 
therefor has been made by Act of Congress enacted after the 
Secretary has submitted to the President and the Congress the 
report and findings involved.
  (b) In connection with any new project, new division of a 
project, or supplemental works on a project there may be 
allocated to flood control or navigation the part of said total 
estimated cost which the Secretary may find to be proper. Items 
for any such allocations made in connection with projects which 
may be undertaken pursuant to subsection (a) of this section 
shall be included in the estimates of appropriations submitted 
by the Secretary for said projects, and funds for such portions 
of the projects shall not become available except as directly 
appropriated or allotted to the Department of the Interior. In 
connection with the making of such an allocation, the Secretary 
shall consult with the Chief of Engineers and the Secretary of 
the Army, and may perform any of the necessary investigations 
or studies under a cooperative agreement with the Secretary of 
the Army. In the event of such an allocation the Secretary of 
the Interior shall operate the project for purposes of flood 
control or navigation, to the extent justified by said 
allocation therefor.
  (c)
          (1) The Secretary is authorized to enter into 
        contracts to furnish water for municipal water supply 
        or miscellaneous purposes: Provided, That any such 
        contract either (A) shall require repayment to the 
        United States, over a period of not to exceed forty 
        years from the year in which water is first delivered 
        for the use of the contracting party, with interest not 
        exceeding the rate of 3\1/2\ per centum per annum if 
        the Secretary determines an interest charge to be 
        proper, of an appropriate share as determined by the 
        Secretary of that part of the construction costs 
        allocated by him to municipal water supply or other 
        miscellaneous purposes; or (B) shall be for such 
        periods, not to exceed forty years, and at such rates 
        as in the Secretary's judgment will produce revenues at 
        least sufficient to cover an appropriate share of the 
        annual operation and maintenance cost and an 
        appropriate share of such fixed charges as the 
        Secretary deems proper, and shall require the payment 
        of said rates each year in advance of delivery of water 
        for said year. Any sale of electric power or lease of 
        power privileges, made by the Secretary in connection 
        with the operation of any project or division of a 
        project, shall be for such periods, not to exceed forty 
        years, and at such rates as in his judgment will 
        produce power revenues at least sufficient to cover an 
        appropriate share of the annual operation and 
        maintenance cost, interest on an appropriate share of 
        the construction investment at not less than 3 per 
        centum per annum, and such other fixed charges as the 
        Secretary deems proper: Provided further, That in said 
        sales or leases preference shall be given to 
        municipalities and other public corporations or 
        agencies; and also to cooperatives and other nonprofit 
        organizations financed in whole or in part by loans 
        made pursuant to the Rural Electrification Act of 1936 
        and any amendments thereof. Nothing in this subsection 
        shall be applicable to provisions in existing 
        contracts, made pursuant to law, for the use of power 
        and miscellaneous revenues of a project for the benefit 
        of users of water from such project. The provisions of 
        this subsection respecting the sales of electric power 
        and leases of power privileges shall be an 
        authorization in addition to and alternative to any 
        authority in existing laws related to particular 
        projects, including small conduit hydropower 
        development and pumped storage hydropower development 
        exclusively using Bureau of Reclamation reservoirs. No 
        contract relating to municipal water supply or 
        miscellaneous purposes or to electric power or power 
        privileges shall be made unless, in the judgment of the 
        Secretary, it will not impair the efficiency of the 
        project for irrigation purposes.
                  (2)(A) When carrying out this subsection, the 
                Secretary shall first offer the lease of power 
                privilege to an irrigation district or water 
                users association operating the applicable 
                transferred conduit, or to the irrigation 
                district or water users association receiving 
                water from the applicable reserved conduit. The 
                Secretary shall determine a reasonable time 
                frame for the irrigation district or water 
                users association to accept or reject a lease 
                of power privilege offer for a small conduit 
                hydropower project.
                          (B) If the irrigation district or 
                        water users association elects not 
                        accept a lease of power privilege offer 
                        under subparagraph (A), the Secretary 
                        shall offer the lease of power 
                        privilege to other parties in 
                        accordance with this subsection.
                  (3) The Bureau of Reclamation shall apply its 
                categorical exclusion process under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) to small conduit 
                hydropower development under this subsection, 
                excluding siting of associated transmission 
                facilities on Federal lands.
                  (4) The Power Resources Office of the Bureau 
                of Reclamation shall be the lead office of 
                small conduit hydropower policy and procedure-
                setting activities conducted under this 
                subsection.
                  (5) Nothing in this subsection shall obligate 
                the Western Area Power Administration, the 
                Bonneville Power Administration, or the 
                Southwestern Power Administration to purchase 
                or market any of the power produced by the 
                facilities covered under this subsection and 
                none of the costs associated with production or 
                delivery of such power shall be assigned to 
                project purposes for inclusion in project 
                rates.
                  (6) Nothing in this subsection shall alter or 
                impede the delivery and management of water by 
                Bureau of Reclamation facilities, as water used 
                for conduit hydropower generation shall be 
                deemed incidental to use of water for the 
                original project purposes. Lease of power 
                privilege shall be made only when, in the 
                judgment of the Secretary, the exercise of the 
                lease will not be incompatible with the 
                purposes of the project or division involved, 
                nor shall it create any unmitigated financial 
                or physical impacts to the project or division 
                involved. The Secretary shall notify and 
                consult with the irrigation district or water 
                users association operating the transferred 
                conduit before offering the lease of power 
                privilege and shall prescribe terms and 
                conditions that will adequately protect the 
                planning, design, construction, operation, 
                maintenance, and other interests of the United 
                States and the project or division involved.
                  (7) Nothing in this subsection shall alter or 
                affect any existing agreements for the 
                development of conduit hydropower projects or 
                disposition of revenues.
                  (8) Nothing in this subsection shall alter or 
                affect any existing preliminary permit, 
                license, or exemption issued by the Federal 
                Energy Regulatory Commission under Part I of 
                the Federal Power Act (16 U.S.C. 792 et seq.) 
                or any project for which an application has 
                been filed with the Federal Energy Regulatory 
                Commission as of the date of the enactment of 
                the Bureau of Reclamation Small Conduit 
                Hydropower Development and Rural Jobs Act.
                  (9) In this subsection:
                          (A) Conduit.--The term ``conduit'' 
                        means any Bureau of Reclamation tunnel, 
                        canal, pipeline, aqueduct, flume, 
                        ditch, or similar manmade water 
                        conveyance that is operated for the 
                        distribution of water for agricultural, 
                        municipal, or industrial consumption 
                        and not primarily for the generation of 
                        electricity.
                          (B) Irrigation district.--The term 
                        ``irrigation district'' means any 
                        irrigation, water conservation or 
                        conservancy, multicounty water 
                        conservation or conservancy district, 
                        or any separate public entity composed 
                        of two or more such districts and 
                        jointly exercising powers of its member 
                        districts.
                          (C) Reserved conduit.--The term 
                        ``reserved conduit'' means any conduit 
                        that is included in project works the 
                        care, operation, and maintenance of 
                        which has been reserved by the 
                        Secretary, through the Commissioner of 
                        the Bureau of Reclamation.
                          (D) Transferred conduit.--The term 
                        ``transferred conduit'' means any 
                        conduit that is included in project 
                        works the care, operation, and 
                        maintenance of which has been 
                        transferred to a legally organized 
                        water users association or irrigation 
                        district.
                          (E) Small conduit hydropower.--The 
                        term ``small conduit hydropower'' means 
                        a facility capable of producing 5 
                        megawatts or less of electric capacity.
  (d) No water may be delivered for irrigation of lands in 
connection with any new project, new division of a project, or 
supplemental works on a project until an organization, 
satisfactory in form and powers to the Secretary, has entered 
into a repayment contract with the United States, in a form 
satisfactory to the Secretary, providing among other things--
          (1) That the Secretary may fix a development period 
        for each irrigation block, if any, of not to exceed ten 
        years from and including the first calendar year in 
        which water is delivered for the lands in said block; 
        and that during the development period water shall be 
        delivered to the lands in the irrigation block involved 
        at a charge per annum per acre-foot, or other charge, 
        to be fixed by the Secretary each year and to be paid 
        in advance of delivery of water: Provided, That where 
        the lands included in an irrigation block are for the 
        most part lands owned by the United States, the 
        Secretary, prior to execution of a repayment contract, 
        may fix a development period, but in such case 
        execution of such a contract shall be a condition 
        precedent to delivery of water after the close of the 
        development period: Provided further, That when the 
        Secretary, by contract or by notice given thereunder, 
        shall have fixed a development period of less than ten 
        years, and at any time thereafter but before 
        commencement of the repayment period conditions arise 
        which in the judgment of the Secretary would have 
        justified the fixing of a longer period, he may amend 
        such contract or notice to extend such development 
        period to a date not to exceed ten years from its 
        commencement, and in a case where no development period 
        was provided, he may amend such contract within the 
        same limits: Provided further, That when the Secretary 
        shall have deferred the payment of all or any part of 
        any installments of construction charges under any 
        repayment contract pursuant to the authority of the Act 
        of September 21, 1959 (73 Stat. 584), he may, at any 
        time prior to the due date prescribed for the first 
        installment not reduced by such deferment, and by 
        agreement with the contracting organization, terminate 
        the supplemental contract by which such deferment was 
        effected, credit the construction payments made, and 
        exercise the authority granted in this section. After 
        the close of the development period, any such charges 
        collected and which the Secretary determines to be in 
        excess of the cost of the operation and maintenance 
        during the development period shall be credited to the 
        construction cost of the project in the manner 
        determined by the Secretary.
          (2) That the part of the construction costs allocated 
        by the Secretary to irrigation shall be included in a 
        general repayment obligation of the organization; and 
        that the organization may vary its distribution of 
        construction charges in a manner that takes into 
        account the productivity of the various classes of 
        lands and the benefits accruing to the lands by reason 
        of the construction: Provided, That no distribution of 
        construction charges over the lands included in the 
        organization shall in any manner be deemed to relieve 
        the organization or any party or any land therein of 
        the organization's general obligation to the United 
        States.
          (3) That the general repayment obligation of the 
        organization shall be spread in annual installments, of 
        the number and amounts fixed by the Secretary, over a 
        period of not more than 40 years, exclusive of any 
        development period fixed under paragraph (1) of this 
        subsection, for any project contract unit or, if the 
        project contract unit be divided into two or more 
        irrigation blocks, for any such block, or as near to 
        said period of not more than forty years as is 
        consistent with the adoption and operation of a 
        variable payment formula which, being based on full 
        repayment within such period under average conditions, 
        permits variance in the required annual payments in the 
        light of economic factors pertinent to the ability of 
        the organization to pay.
          (4) That the first annual installment for any project 
        contract unit, or for any irrigation block, as the case 
        may be, shall accrue, on the date fixed by the 
        Secretary, in the year after the last year of the 
        development period or, if there be not development 
        period, in the calendar year after the Secretary 
        announces that the construction contemplated in the 
        repayment contract is substantially completed or is 
        advanced to a point where delivery of water can be made 
        to substantially all of the lands in said unit or block 
        to be irrigated; and if there be no development period 
        fixed, that prior to and including the year in which 
        the Secretary makes said announcement water shall be 
        delivered only on the toll charge basis hereinbefore 
        provided for development periods.
  (e) In lieu of entering into a repayment contract pursuant to 
the provisions of subsection (d) of this section to cover that 
part of the cost of the construction of works connected with 
water supply and allocated to irrigation, the Secretary, in his 
discretion, may enter into either short- or long-term contracts 
to furnish water for irrigation purposes. Each such contract 
shall be for such period, not to exceed forty years, and at 
such rates as in the Secretary's judgment will produce revenues 
at least sufficient to cover an appropriate share of the annual 
operation and maintenance cost and an appropriate share of such 
fixed charges as the Secretary deems proper, due consideration 
being given to that part of the cost of construction of works 
connected with water supply and allocated to irrigation; and 
shall require payment of said rates each year in advance of 
delivery of water for said year. In the event such contracts 
are made for furnishing water for irrigation purposes, the 
costs of any irrigation water distribution works constructed by 
the United States in connection with the new project, new 
division of a project, or supplemental works on a project, 
shall be covered by a repayment contract entered into pursuant 
to said subsection (d).
  (f) No less than sixty days before entering into or amending 
any repayment contract or any contract for the delivery of 
irrigation water (except any contract for the delivery of 
surplus or interim irrigation water whose duration is for one 
year or less) the Secretary shall--
          (1) publish notice of the proposed contract or 
        amendment in newspapers of general circulation in the 
        affected area and shall make reasonable efforts to 
        otherwise notify interested parties which may be 
        affected by such contract or amendment, together with 
        information indicating to whom comments or inquiries 
        concerning the proposed actions can be addressed; and
          (2) provide an opportunity for submission of written 
        data, views and arguments, and shall consider all 
        substantive comments so received.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized:

                                               [thousand dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             Appropriation in
           Agency/Program                Last Year of      Authorization       Last Year of    Net Appropriation
                                        Authorization          Level          Authorization       in this Bill
----------------------------------------------------------------------------------------------------------------
Corps FUSRAP........................  .................               \ 1\  .................            150,000
EERE Program Direction..............               2006            110,500            164,198            153,700
EERE Weatherization Activities......               2012          1,400,000             68,000            251,000
EERE State Energy Programs..........               2012            125,000             50,000             55,000
Nuclear Energy......................               2009            495,000            792,000          1,346,090
Nuclear Energy Infrastructure and                  2009            145,000            245,000            331,000
 Facilities.........................
Fossil Energy.......................               2009            641,000            727,320            785,000
Naval Petroleum and Oil Shale                      2014             20,000             20,000             10,000
 Reserves...........................
Strategic Petroleum Reserve.........               2003      not specified            172,856            252,000
Northeast Home Heating Oil Reserve..               2003      not specified              6,000             10,000
Energy Information Administration...               1984      not specified             55,870            125,000
Office of Science...................               2013          6,007,000          4,876,000          6,600,000
Advanced Technology Vehicle                        2012      not specified              6,000              5,000
 Manufacturing Program..............
Non-Defense Environmental Cleanup:
    West Valley Demonstration.......               1981              5,000              5,000             75,000
Departmental Administration.........               1984            246,963            185,682            184,524
Atomic Energy Defense Activities:
    National Nuclear Security
     Administration:
        Weapons Activities..........               2018         10,377,475         10,642,138         11,200,000
        Defense Nuclear                            2018          1,883,310          1,999,219          1,902,000
         Nonproliferation...........
        Naval Reactors..............               2018          1,431,551          1,620,000          1,788,618
        Federal Salaries and                       2018            407,551            407,595            422,529
         Expenses...................
Defense Environmental Cleanup.......               2018          5,440,106          5,988,048          5,759,220
Other Defense Activities............               2018            816,000            840,000            870,300
    Defense Nuclear Waste Disposal..               2018             30,000                  0             30,000
Power Marketing Administrations:
    Southwestern....................               1984             40,254             36,229             10,400
    Western Area....................               1984            259,700            194,630             89,372
Federal Energy Regulatory Commission               1984      not specified             29,582                  0
Defense Nuclear Facilities Safety                  2018             30,600             31,000             31,243
 Board..............................
Delta Regional Authority............               2018             30,000             25,000             15,000
Northern Border Regional Commission.               2018             30,000             15,000             12,000
Southeast Crescent Regional                        2018             30,000                250                250
 Commission.........................
Nuclear Regulatory Commission.......               1985            460,000            448,200            191,664
----------------------------------------------------------------------------------------------------------------
\1\Program was initiated in 1972 and has never received a separate authorization.

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, there are no rescissions recommended 
in the accompanying bill.

                 Comparison With the Budget Resolution

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(1)(A) of the 
Congressional Budget Act of 1974, the following table compares 
the levels of new budget authority provided in the bill with 
the appropriate allocation under section 302(b) of the Budget 
Act.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                302(b) Allocation                         This Bill
                                     ---------------------------------------------------------------------------
                                      Budget  Authority       Outlays       Budget  Authority       Outlays
----------------------------------------------------------------------------------------------------------------
Mandatory...........................              - - -              - - -                  0               \1\0
Discretionary.......................             44,700             44,485             44,700             44,485
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.

                      Five-Year Outlay Projections

    Pursuant to section 308(a)(1)(B) of the Congressional 
Budget Act of 1974, the following table contains five-year 
projections prepared by the Congressional Budget Office of 
outlays associated with the budget authority provided in the 
accompanying bill:

                        [In millions of dollars]
 
 
 
Projection of outlays associated with the
 recommendation:
    2019..............................................         \2\26,161
    2020..............................................            12,600
    2021..............................................             4,279
    2022..............................................               945
    2023 and future years.............................               554
 
\2\Excludes outlays from prior-year budget authority.

               Assistance to State and Local Governments

    Pursuant to section 308(a)(1)(C) of the Congressional 
Budget Act of 1974, the amount of financial assistance to State 
and local governments is as follows:

                        [In millions of dollars]
------------------------------------------------------------------------
                                    Budget  Authority       Outlays
------------------------------------------------------------------------
Financial assistance to State and                 170               \2\0
 local government for 2019........
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.

                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                             MINORITY VIEWS

    We commend Chairman Frelinghuysen and Chairman Simpson for 
their efforts to assemble portions of this bill in an inclusive 
manner. The bill funds critical water resource projects, 
supports science activities necessary for American 
competitiveness and contributes to our national defense through 
vital weapons, naval reactor research, and nonproliferation 
funding, all priorities that unite rather than divide us. 
Chairman Simpson has worked hard to incorporate the interests 
of Members from both parties. As a result, much of the funding 
reflects some priorities from both sides of the aisle. However, 
the Majority has made clear that this bill reflects their 
priorities--and the funding levels for programs of great 
importance to the nation, including Energy Efficiency and 
Renewable Energy, Advanced Research Projects Agency-Energy and 
Defense Nuclear Nonproliferation, show that these are not the 
priorities of the Majority.
    Further, it is disappointing that the Majority has 
jeopardized the possibility of a bipartisan bill by adding 
ideological riders that are anti-environment, including gutting 
the Clean Water Act and overturning a court decision meant to 
protect endangered fish species, in addition to allowing guns 
on public lands. We should not have to remind our Majority 
colleagues that similar provisions have imperiled passage of 
this bill in the past, and that these riders cannot be included 
in any legislation that requires bipartisan support to pass. 
Yet they continue not only to include the same riders year 
after year, but this year brings a new, unnecessary version of 
a Waters of the United States (WOTUS) rider while introducing a 
new provision legislating an ongoing court case, both poison 
pills. These issues inject divisive partisan issues into must-
pass spending bills, a recipe for chaos when Congress attempts 
to keep the government open for business.
    The subcommittee's allocation is $44,700,000,000, 
$8,173,568,000 above the Administration's budget request and 
$1,500,000,000 above the Fiscal Year (FY) 2018 level. The 
defense allocation is $500,000,000 above FY 2018, while the 
non-defense allocation is $1,000,000,000 above FY 2018.
    We commend the Chairman for increasing Corps of Engineers' 
funding by $2,493,417,000 above the President's completely 
inadequate request, ensuring that many ongoing projects will 
continue. The bill provides $7,278,000,000 for the Army Corps 
of Engineers, representing the highest funding level the agency 
has received in recent years. The bill provides $1,600,000,000 
for projects funded from the Harbor Maintenance Trust Fund, 
$200,000,000 above FY 2018 and $160,000,000 above the FY 2019 
target set by the Water Resources Reform and Development Act of 
2014. This funding would allow preventive and proactive 
investments necessary for the economy and the safety of 
American citizens. The funding above the request would also 
allow investments in the nation's ports and waterways, which 
are critical to ensuring that American made goods can move to 
market, both domestically and abroad. We firmly believe that 
our underinvestment in infrastructure continues to hamper 
economic gains and prolongs the underemployment plaguing our 
middle class.
    While this bill ensures increased investment beyond that 
included in the budget request, we should be doing even more to 
build infrastructure and create jobs. Federal support of water 
resource projects creates construction jobs and indirect 
economic benefits that encourage local businesses and 
individuals to embrace risk and make critical investments in 
their communities.
    Every year, this important bill sets the path for America's 
energy future, and we have made enormous strides in increasing 
our energy independence. We now meet more than 90 percent of 
our energy needs with domestic sources, a great accomplishment. 
Renewable energy now accounts for 18 percent of U.S. 
electricity generation, nearly on par with the nation's nuclear 
fleet. Electricity made up a smaller share of consumer spending 
in 2017 than it ever has in recorded history.
    These successes are due in no small part to federal 
investment in DOE's world-class research--both basic and 
applied. Research at the Department of Energy has led to the 
technological advances that have drastically altered global 
energy markets. These significant strides towards America's 
energy security are to be lauded, but now is not the time to 
rest on our laurels. Today, the price of oil is on the rise 
again, currently 50 percent higher than it was one year ago. 
Fuel prices are also rising, and when fuel prices rise consumer 
spending constricts, impacting the economy. Given these 
factors, we must not lose sight of the ultimate goal of energy 
independence.
    Unfortunately, even with a generous allocation, the 
Majority chose to cut $243,138,000 from energy efficiency and 
renewable energy programs, which threatens to delay progress on 
breakthroughs in energy efficiency and clean energy and to 
hinder innovation to drive sustained economic growth in the 
clean energy economy of the future. It also leaves us 
perilously open to being overtaken by our competitors who are 
aggressively investing with the goal of overtaking us, at times 
using our own technologies. Renewable energy has achieved cost 
competitiveness in some areas, yet despite what we hear from 
this administration, further investment can drive down the 
costs of existing technology and provide breakthroughs in 
others. Investment in portfolio diversity remains necessary for 
the long term. The advances in renewable energy are not the 
drumbeats of some distant clean energy future. That future is 
now, and the rest of the world is ready to lay siege to our 
technologies if we do not continue to innovate. An investment 
in clean energy is an investment in American jobs: nearly 3.2 
million Americans work in clean energy, including 2.5 million 
energy efficiency jobs, 457,000 solar and wind jobs, and 
220,000 jobs making clean vehicles.
    With regard to the applied energy programs at the 
Department of Energy, investments in energy technology programs 
are once again skewed too heavily toward nuclear and fossil 
fuels, though we recognize that the level of renewable energy 
funding is higher than recent years in a House bill. We must 
provide for critical research and development for the nuclear 
and fossil energy sectors to increase efficiency and reduce 
emissions of these sources, but continued and sustained 
research and development programs in renewable energy and 
energy efficiency are necessary and appropriate, and cannot be 
the price of increased support for other technologies. To 
finally free ourselves from our dependence on foreign energy 
sources, as well as to drastically cut our dangerous carbon 
emissions, we must continue to strongly fund DOE's research and 
development efforts.
    The bill also cuts the Advanced Research Projects Agency-
Energy (ARPA-E), which focuses on energy technologies that have 
the potential to be transformational and are too early for 
private sector investment. ARPA-E's approach is working-136 
ARPA-E projects have attracted over $2,600,000,000 in private 
follow-on funding. Yet we have come to expect that the 
administration will propose to eliminate this important program 
each year. And again, despite the generous allocation we 
received, the Majority has opted to reduce funding by 
$28,314,000 from FY 2018.
    One positive is the five percent increase over FY 2018 for 
the Office of Science. This is critical to the competitiveness 
of our nation and ensuring that the United States maintains its 
position as the global leader in innovation.
    The bill provides $15,091,050,000 for the National Nuclear 
Security Administration (NNSA); these increases are seen in 
Weapons Activities, $557,862,000 above FY 2018, and Naval 
Reactors, $168,618,000 above FY 2018. We continue to be 
troubled by the continued unsustainable spending in the weapons 
program.
    We are concerned by the inclusion of funding to build a 
new, low-yield ballistic missile as called for in the 2018 
Nuclear Posture Review. The President's budget request did not 
include this warhead until mid-April, leaving our Committee 
without any time to appropriately consider this significant new 
request. We did not have this information during our 
Subcommittee budget hearings with the Secretary of Energy or 
with the NNSA Administrator.
    We owe it to the American people to have a full discussion 
and debate about this new nuclear capability, including 
security, cost, schedule, and impact to the ongoing efforts to 
modernize our existing nuclear arsenal. We must have 
appropriate consideration before wandering down a pathway to 
new nuclear weapons varieties. Further, the NNSA is being asked 
to take on this additional weapons capability while it is in 
the midst of simultaneously executing four active warhead life 
extension programs and several major construction projects. The 
former NNSA Administrator has said that the NNSA is essentially 
working at capacity now, before taking on this new low-yield 
ballistic missile.
    This is on top of the challenges brought on by the need to 
modernize a complex built substantially in the 1950s. While 
NNSA has made progress in mapping out the most urgent needs in 
this area, we remain concerned about the agency's ability to 
carry out the major construction projects necessary to 
modernize the complex.
    With NNSA's history of staggering cost overruns and 
schedule delays, we continue to question whether the 
organization has the necessary tools, processes and workforce 
to manage large increases in weapons activities and 
infrastructure needs year after year. We appreciate and support 
the Chairman's continued strong oversight of the NNSA in these 
areas.
    The majority has invested in a costly, unjustified new 
nuclear weapon while underfunding efforts to denuclearize the 
world. The bill includes $1,902,000,000 for these critical 
programs, $146,219,000 below the FY 2018 appropriation. The 
Nuclear Nonproliferation program plays an important role in 
verification of treaties and agreements to curb nuclear weapons 
and weapons usable materials. The program develops technologies 
that help strengthen the safeguards mission of the 
International Atomic Energy Agency (IAEA)--for example, DOE's 
national laboratories created the Online Enrichment Monitor, 
which allows IAEA inspectors to measure in real time the 
enrichment level of uranium, an enormous step forward for 
verifying compliance with safeguards agreements and for keeping 
us safe. Yet the bill continues a downward trajectory of 
funding for this critical program, cut at the expense of 
providing continued increases to the weapons program. This is 
something we hope we can again reverse in conference.
    Two of the partisan riders in this bill risk protection of 
the world's most precious resource: water. The first provides 
agricultural exemptions from the Clean Water Act. The second is 
a new version related to the WOTUS rule, which legislatively 
repeals the rule and directs agencies to act as if the rule had 
never been in place. This is a disturbing effort to sidestep 
law that establishes requirements for withdrawal of a 
regulation such as this. This effort would also effectively 
avoid the administration being required to provide a 
substantive rationale'as it considers changing regulations and 
taking into consideration public input.
    The bill contains numerous other riders, including three 
related to Endangered Species Act issues, one of which would 
legislate an ongoing court case, and one that would prohibit 
activities related to the National Ocean Policy.
    The inclusion of the rider allowing guns to be carried on 
all Corps of Engineers lands injects into the bill an 
unnecessarily partisan topic that is unwarranted. We disagree 
with the notion that reasonable limits on where guns can be 
carried are an infringement upon the Second Amendment. We see 
no need to contribute to an environment where guns are 
commonplace in recreational areas where families are trying to 
escape the pressures of everyday life.
    In spite of these concerns, we would like to reiterate our 
appreciation for the Chairman's work with us on many issues, 
continuing the Energy and Water Development Subcommittee's 
tradition of a collegial and bipartisanship process. The 
Subcommittee has operated collaboratively and effectively for 
many years, and the bill addresses many of the interests we 
have expressed.
    More broadly, the Bipartisan Budget Act enacted earlier 
this year provided relief from unworkable discretionary 
spending caps. The agreement was supposed to provide the 
country with stability following a year of shutdowns, last-
minute veto threats, and general uncertainty in government. 
That stability lasted long enough for Congress to pass a 
bipartisan Omnibus appropriations bill for FY 2018, and then 
Republican chaos reigned again. The President threatened to 
veto the bill, unhappy with Congress' large investments in 
programs to help low-and middle-income Americans and rejection 
of his campaign-promised border wall.
    Even after the President backed off his threat and signed 
the bill, the Administration and Republican leadership in 
Congress who voted for the Bipartisan Budget Act and the 
Omnibus bill have continued to attempt to undo those bipartisan 
agreements. Now, the majority s seeking to pass a rescissions 
bill to undo funding and mollify an angry President. We have 
beep told by Office of Management and Budget Director Mick 
Mulvaney that this is the first of many rescission packages 
meant to bring spending in line with the President's 
priorities, ignoring Congressional action that dismissed the 
President's FY 2017 and FY 2018 draconian budget requests.
    In addition to the unacceptable rescissions proposals, the 
majority's lack of transparency with regards to how it will 
allocate the FY 2019 discretionary budget also endangers future 
bipartisan compromise. The majority has abandoned longstanding 
committee practice to provide the Members and the public with a 
budget blueprint for domestic spending, known as 302(b) 
allocations. Members are being asked to vote on bills without 
having the full picture on what impact each bill will have on 
other bills. We are very concerned about what that means for 
programs in other bills that have yet to be considered. 
Democrats can only be left to assume that the majority is 
siphoning money from bills at the end of the process like the 
State and Foreign Operations bill and the Labor, Health and 
Human Services, and Education appropriations bill, which 
invests in priorities like education, job training, health, and 
workplace safety and rights.
    In conclusion, the majority of Democrats on the committee 
voted no on the motion to advance the bill to the full House 
because this bill's funding level will ensure critical 
investments in other bills cannot be made, priorities related 
to achieving energy independence and a green future are 
underfunded, and extraneous, controversial policy riders are 
included. Without a full budget we are left to assume that the 
programs for the most vulnerable and American families who 
simply need a level playing field will be left on the chopping 
block. If that were not enough reason, the majority included 
controversial policy matters on the environment and guns. We 
look forward to the day when transparency returns to the 
Committee and all of the bills are adequately funded at the 
outset. Until then, Democrats stand ready to work in a 
bipartisan manner when our Republican colleagues eschew the 
fringe and want to pass bills into law.
                                   Nita M. Lowey.
                                   Marcy Kaptur.

                                  [all]