[House Report 116-83]
[From the U.S. Government Publishing Office]


116th Congress   }                                            {    Report
                         HOUSE OF REPRESENTATIVES
 1st Session     }                                            {    116-83

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



 
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2020

                                _______
                                

  May 23, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

           Ms. Kaptur, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2960]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2020, and for 
other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Introduction...............................................
                                                                      6
I. Department of Defense--Civil:                                2
        Corps of Engineers--Civil..........................     2
                                                                     10
                Investigations.............................     2
                                                                     18
                Construction...............................     3
                                                                     24
                Mississippi River and Tributaries..........     4
                                                                     32
                Operation and Maintenance..................     5
                                                                     35
                Regulatory Program.........................     6
                                                                     63
                Formerly Utilized Sites Remedial Action 
                    Program................................     7
                                                                     64
                Flood Control and Coastal Emergencies......     7
                                                                     65
                Expenses...................................     7
                                                                     65
                Office of the Assistant Secretary of the 
                    Army (Civil Works).....................     8
                                                                     66
        General Provisions.................................     9
                                                                     66
II. Department of the Interior:
        Central Utah Project...............................    12
                                                                     67
                Central Utah Project Completion Account....    12
                                                                     67
        Bureau of Reclamation:                                 13
                                                                     68
                Water and Related Resources................    13
                                                                     69
                Central Valley Project Restoration Fund....    15
                                                                     80
                California Bay-Delta Restoration...........    16
                                                                     80
                Policy and Administration..................    17
                                                                     81
        General Provisions.................................    17
                                                                     81
III. Department of Energy:
        Introduction.......................................
                                                                     81
        Committee Recommendations..........................
                                                                     82
        Energy Programs:
                                                                     86
                Energy Efficiency and Renewable Energy.....    21
                                                                     86
                Cybersecurity, Energy Security, and 
                    Emergency Response.....................    22
                                                                     96
                Electricity................................    22
                                                                     97
                Nuclear Energy.............................    23
                                                                     99
                Fossil Energy Research and Development.....    23
                                                                    102
                Naval Petroleum and Oil Shale Reserves.....    24
                                                                    106
                Strategic Petroleum Reserve................    24
                                                                    106
                SPR Petroleum Account......................    25
                                                                    107
                Northeast Home Heating Oil Reserve.........    25
                                                                    107
                Energy Information Administration..........    25
                                                                    107
                Non-Defense Environmental Cleanup..........    26
                                                                    108
                Uranium Enrichment Decontamination and 
                    Decommissioning Fund...................    26
                                                                    108
                Science....................................    26
                                                                    109
                Advanced Research Projects Agency--Energy..    27
                                                                    114
                Title 17 Innovative Technology Loan 
                    Guarantee Program......................    27
                                                                    114
                Advanced Technology Vehicles Manufacturing 
                    Loan Program...........................    29
                                                                    115
                Tribal Energy Loan Guarantee Program.......    29
                                                                    115
                Office of Indian Energy Policy and Programs    29
                                                                    116
                Departmental Administration................    29
                                                                    116
                Office of the Inspector General............    30
                                                                    118
        Atomic Energy Defense Activities:
        National Nuclear Security Administration:
                Weapons Activities.........................    31
                                                                    119
                Defense Nuclear Nonproliferation...........    31
                                                                    122
                Naval Reactors.............................    32
                                                                    124
                Federal Salaries and Expenses..............    32
                                                                    124
        Environmental and Other Defense Activities:
                Defense Environmental Cleanup..............    33
                                                                    125
                Other Defense Activities...................    33
                                                                    126
        Power Marketing Administrations:
                Bonneville Power Administration............    34
                                                                    128
                Southeastern Power Administration..........    35
                                                                    128
                Southwestern Power Administration..........    36
                                                                    128
                Western Area Power Administration..........    37
                                                                    129
                Falcon and Amistad Operating and 
                    Maintenance Fund.......................    39
                                                                    129
        Federal Energy Regulatory Commission...............    41
                                                                    129
        Committee Recommendation...........................
                                                                    130
        General Provisions.................................    41
                                                                    168
IV. Independent Agencies:
        Appalachian Regional Commission....................    49
                                                                    168
        Defense Nuclear Facilities Safety Board............    50
                                                                    169
        Delta Regional Authority...........................    50
                                                                    170
        Denali Commission..................................    50
                                                                    170
        Northern Border Regional Commission................    51
                                                                    171
        Southeast Crescent Regional Commission.............    51
                                                                    171
        Nuclear Regulatory Commission......................    52
                                                                    172
        Nuclear Waste Technical Review Board...............    54
                                                                    175
        General Provisions.................................    54
                                                                    175
V. General Provisions
House of Representatives Report Requirements...............
                                                                    176
Minority Views.............................................
                                                                    240

                SUMMARY OF ESTIMATES AND RECOMMENDATIONS

    The Committee has considered budget estimates, which are 
contained in the Budget of the United States Government, Fiscal 
Year 2020. The following table summarizes appropriations for 
fiscal year 2019, the budget estimates, and amounts recommended 
in the bill for fiscal year 2020.


                              INTRODUCTION

    The Energy and Water Development and Related Agencies 
Appropriations bill for fiscal year 2020 totals 
$46,413,000,000, $1,773,000,000 above the amount appropriated 
in fiscal year 2019 and $8,353,958,000 above the budget 
request. Total defense funding is $23,113,000,000, $673,000,000 
above the amount appropriated in fiscal year 2019 and 
$107,958,000 below the budget request. Total non-defense 
funding is $23,300,000,000, $1,100,000,000 above the amount 
appropriated in fiscal year 2019 and $8,461,056,000 above the 
budget request.
    Title I of the bill provides $7,355,500,000 for the Civil 
Works programs of the U.S. Army Corps of Engineers, 
$357,000,000 above fiscal year 2019 and $2,391,755,000 above 
the budget request. Total funding for activities eligible for 
reimbursement from the Harbor Maintenance Trust Fund is 
estimated at $1,697,000,000, which is an increase of 
$147,000,000 above fiscal year 2019 and $732,000,000 above the 
budget request. The bill makes use of all estimated annual 
revenues from the Inland Waterways Trust Fund.
    Title II provides $1,647,849,000 for the Department of the 
Interior and the Bureau of Reclamation, $82,849,000 above 
fiscal year 2019 and $528,000,000 above the budget request. The 
Committee recommends $1,632,849,000 for the Bureau of 
Reclamation, $82,849,000 above fiscal year 2019 and 
$523,000,000 above the budget request. The Committee recommends 
$15,000,000 for the Central Utah Project, the same as fiscal 
year 2019 and $5,000,000 above the budget request.
    Title III provides $37,087,431,000 for the Department of 
Energy, $1,402,114,000 above fiscal year 2019 and 
$5,585,502,000 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 
$15,894,281,000, $665,663,000 above fiscal year 2019 and 
$590,719,000 below the budget request.
    Funding for energy programs within the Department of 
Energy, which includes basic science research and the applied 
energy programs, is $14,198,415,000, $726,008,000 above fiscal 
year 2019 and $5,849,150,000 above the budget request. The 
Committee recommends $6,870,000,000 for the Office of Science, 
$2,651,713,000 for Energy Efficiency and Renewable Energy, 
$1,317,808,000 for Nuclear Energy, $740,000,000 for Fossil 
Energy, and $425,000,000 for the Advanced Research Projects 
Agency--Energy.
    Environmental management activities--non-defense 
environmental cleanup, uranium enrichment decontamination and 
decommissioning, and defense environmental cleanup--are funded 
at $7,175,129,000, equal to fiscal year 2019 and $706,036,000 
above the budget request.
    The net amount appropriated for the Power Marketing 
Administrations is provided at the requested levels.
    Title IV provides $386,882,000 for several Independent 
Agencies, $3,095,000 below fiscal year 2019 and $16,701,000 
above the budget request. Net funding for the Nuclear 
Regulatory Commission is $130,032,000, $95,000 below fiscal 
year 2019 and $31,449,000 below the budget request.

                     Overview of the Recommendation

    The Committee recommendation prioritizes the most critical 
inherently federal responsibilities of this bill: the national 
defense, energy innovation to increase economic prosperity 
while providing additional solutions for mitigating and 
adapting to climate change, investing in infrastructure 
including the maintenance of the nation's waterways, and the 
resilience and security of electricity infrastructure. Strong 
support is included for basic science programs, which provide 
the foundation for new energy technologies that are vital to 
maintaining global competitiveness and ensuring long-term 
prosperity, but that are often too high-risk to receive the 
attention of the private sector. The recommendation provides 
strong support and increased parity 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 clean up the legacy of decades of nuclear 
weapons production and government-sponsored nuclear energy 
research.

                         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. With the increased urgency to address climate 
change and as the energy market continues to transition to 
cleaner technologies, the Department's support for research and 
development in all energy sources remains critical.
    The Committee provides funding in support of an energy 
strategy designed to enhance energy security, create jobs and 
increase economic prosperity, and mitigate and adapt to climate 
change. Funding for renewable energy sources and energy 
efficiency technologies supports continued investments in 
research and development to advance technological innovations 
that save consumers money, reduce carbon pollution, and 
increase U.S. competitiveness for the energy sector of the 
future. Funding for fossil and nuclear sources is targeted to 
ensure the safe, efficient, and environmentally sound use of 
the nation's fossil and nuclear energy sources. The 
recommendation provides a corrected balancing of support to the 
applied energy research areas to ensure parity to the growth in 
investment over the last several years and focus on 
technologies to address climate change.
    The Committee encourages innovation and technological 
development to reduce emissions by pursuing research in all 
energy sources, including wind energy, solar energy, energy 
efficiency, fossil energy, nuclear energy, and hydropower.
    The success of these technologies 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 faced today. Cyberattacks, frequent extreme weather events 
caused by climate change, 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, resilient, 
and ready to incorporate new technologies, particularly those 
that mitigate and adapt to climate change.
    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, building the future through 
science and clean energy, and economic prosperity for the 
nation. The Committee makes strategic choices, recommending a 
more balanced approach to advance research and development in 
energy technologies that can address climate change, save money 
for consumers, and support a resilient electric grid.

                     Investments in Infrastructure

    America's ports, inland waterways, locks, and dams serve as 
economic lifelines for many communities across the nation. The 
water delivered to municipal, industrial, and agricultural 
users contributes to America's strong economy. The water 
resource infrastructure funded by the recommendation is a 
critical component of ensuring a robust national economy and 
supporting American competitiveness in international markets.
    The agencies funded in this bill are also on the front 
lines of the federal response to climate change. A changing 
climate and increasing variability in weather patterns across 
the United States is already impacting water infrastructure, 
often with catastrophic results, such as the 2017 and 2018 
hurricane seasons and the spring 2019 flooding. This 
recommendation represents a commitment to ensure that the 
nation's water resource infrastructure is resilient and able to 
meet the challenges posed by a changing climate.
    The Committee believes that more needs to be done to 
increase the resiliency of infrastructure funded by this Act, 
and that every new construction or major rehabilitation project 
should be constructed to the most current relevant standards. 
These projects should address the risk of structural failure or 
loss of use from natural hazards or natural disasters 
throughout the lifetime of each project. As a measure of 
responsible fiscal prudence, resilient construction and related 
project management practices should be integrated into all 
programs funded by this Act.
    The U.S. Army Corps of Engineers (Corps) 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 (Reclamation) supplies 
reliable water to approximately 10 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 the 
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 ensures 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 Corps infrastructure would often be 
flooded without that infrastructure, destroying homes, 
businesses, and many valuable acres of cropland.
    Reclamation's water infrastructure is a critical component 
of the agricultural productivity of this country and supplies 
water to more than 31 million people for municipal, rural, and 
industrial uses. 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. 
Without this infrastructure, American municipal and industrial 
users would face critical water shortages, and agricultural 
producers in the West would not be able to access reliable, 
safe water for their families and their businesses.
    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 Defense Programs

    The Committee considers the national defense programs of 
the National Nuclear Security Administration (NNSA) to be the 
Department of Energy's highest national security priority. The 
recommendation provides funding to sustain and modernize the 
nuclear weapons stockpile, prevent the proliferation of nuclear 
materials, and provide for the needs of the naval nuclear 
propulsion program.

                        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, 2020 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.
    Customer Service Measures.--The Committee directs each of 
the agencies funded by this Act to develop standards to improve 
customer service and incorporate the standards into the 
performance plans required under title 31 of the United States 
Code.
    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.
    Federal Advertising.--The Committee directs each of the 
agencies funded by this Act to include the following 
information in its fiscal year 2021 budget justification: 
expenditures for fiscal year 2019 and expected expenditures for 
fiscal year 2021, respectively, for (1) all contracts for 
advertising services, and (2) contracts for the advertising 
services of all Small Business Administration-recognized 
socioeconomic subcategory-certified small businesses, as 
defined in the Small Business Act, and all minority-owned 
businesses.
    Cost Allocation Studies.--The Committee has heard concerns 
that the cost allocation studies for some projects within the 
Federal Columbia River Power System (FCRPS) are several decades 
old and may not reflect current benefits provided by such 
projects. The Committee directs the Corps, Reclamation, and the 
Bonneville Power Administration to jointly develop an outline 
for conducting cost allocation studies for relevant projects 
within the FCRPS. The outline shall include, at a minimum, a 
prioritized list of projects for which cost allocation studies 
should be conducted, scope necessary to perform a study, a list 
of other authorized purposes at each project identified for a 
study, any regulatory or other constraints, and appropriate 
timelines and estimated costs for each identified study. The 
agencies shall be prepared to brief the Committee not later 
than 180 days after enactment of this Act on this outline.

                   TITLE I--CORPS OF ENGINEERS--CIVIL


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil


                              INTRODUCTION

    The Energy and Water Development and Related Agencies 
Appropriations Act funds the Civil Works missions of the U.S. 
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 budget request for the Corps 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, several national programs were proposed in 
the budget request as singular programs under Remaining Items, 
whereas the Committee has traditionally funded these programs 
by state. These programs include the Inspection of Completed 
Works, Project Condition Surveys, Scheduling of Reservoir 
Operations, and Surveillance of Northern Boundary Waters. The 
Committee rejects the proposed changes and instead funds all 
activities in these programs under the individual states. All 
projects remain at the funding levels included in the budget 
request.
    Lastly, 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 budget 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. 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 this or any 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 anad 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 2020 is estimated to be 
approximately $9,501,000,000.
    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 2020, the Committee provides an estimated 
$1,697,000,000 for HMTF-related activities, $147,000,000 more 
than fiscal year 2019, $732,000,000 above the budget request, 
and $100,000,000 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--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 an average age 
of almost 60 years old.
    Capital improvements to the inland waterways system 
generally are funded 50 percent from the general fund of the 
Treasury and 50 percent from the Inland Waterways Trust Fund 
(IWTF), while operation and maintenance costs are funded 100 
percent from the general fund of the Treasury. The IWTF is 
supported by a tax on barge fuel.
    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 a capital program 
that assumes full use of revenues (i.e., as ongoing projects 
approach completion). For fiscal year 2020, 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 $60,000,000 above the budget request 
for additional operation and maintenance activities on the 
inland waterways.

                      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 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 2020. 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 water 
resources infrastructure, including resiliency, that benefit 
our national economy, public safety, and environmental health. 
This funding is for additional work that either was not 
included in the budget request or was inadequately budgeted.
    The executive branch retains 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.
    The Committee is concerned that the Administration has 
implied, either implicitly or explicitly, to non-federal 
sponsors that chances of being included in a budget request or 
work plan increase with the amount of funding a non-federal 
sponsor can bring to a project. Therefore, the Administration 
is reminded that voluntary funding in excess of legally 
required cost shares for studies and projects is acceptable but 
shall not be used as a criterion for inclusion in the budget 
request, for allocating the additional funding provided, or for 
the selection of new starts.
    It is expected that all of the additional funding provided 
by this Act will be allocated to specific programs, projects, 
or activities. The focus of the allocation process shall favor 
the obligation, rather than expenditure, of funds. 
Additionally, the Administration shall consider the extent to 
which the Corps is able to obligate funds as it allocates the 
additional funding.
    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 implementation 
decisions under P.L. 115-123 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 2020; 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. 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 enactment of this 
Act, the Corps shall provide to the Committee 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 2020 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 six 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, one shall be for a 
multi-purpose watershed study to assess coastal resiliency, and 
one shall be for an additional flood and storm damage reduction 
or environmental restoration study. Of the new construction 
starts, two shall be for navigation projects; one shall be for 
a flood and storm damage reduction project; one shall be for an 
additional navigation, an additional flood and storm damage 
reduction, or a multi-purpose project; and two shall be for 
environmental restoration or multi-purpose projects. 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 
Committee. 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 2020 
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 Administration is reminded that 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 Committee at least seven 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 non-federal 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 non-federal sponsor's ability and 
willingness to promptly provide required cash contributions (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 September 30, 2020, 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 Committee 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 Committee expects the Corps to complete the Report of 
the Chief of Engineers for the Great Lakes--Mississippi River 
Interbasin Study--Brandon Road Recommended Plan expeditiously. 
As the Corps prioritizes projects, it shall consider critical 
projects to prevent the spread of invasive species. The Corps 
is reminded that this critical project is eligible to compete 
for additional funding within the Investigations account in 
order to initiate preconstruction engineering and design. The 
Corps is directed to provide quarterly updates to the Committee 
on the progress and status of efforts to prevent the further 
spread of Asian carp, including the Brandon Road Recommended 
Plan, the location and density of carp populations, the use of 
emergency procedures previously authorized by the Congress, and 
the development, consideration, and implementation of new 
technological and structural countermeasures.
    The Committee is disappointed that the Administration chose 
to cut Corps funding for the important inter-agency 
collaborative work to address Asian carp. The Corps shall 
continue to collaborate at levels commensurate with previous 
years 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, including to identify 
navigation protocols that 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 
Committee. The Corps is further directed to implement 
navigation 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. The Corps 
shall brief the Committee on such navigation protocols and 
potential solutions not later than 30 days after enactment of 
this Act.

                     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 prioritize ongoing deep draft lock 
modernization or replacement projects.

               CONGRESSIONAL DIRECTION AND REPROGRAMMING

    To ensure that the expenditure of funds in fiscal year 2020 
is consistent with congressional direction, to minimize the 
movement of funds, and to improve overall budget execution, 
this Act carries a legislative provision outlining the 
circumstances under which the Corps may reprogram funds.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $7,355,500,000 for the Corps, 
$357,000,000 above fiscal year 2019 and $2,391,755,000 above 
the budget request.
    A table summarizing the fiscal year 2019 enacted 
appropriation, the fiscal year 2020 budget request, and the 
Committee-recommended levels is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2019 enacted     FY 2020 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations......................................            $125,000             $77,000            $135,000
Construction........................................           2,183,000           1,306,945           2,337,000
Mississippi River and tributaries...................             368,000             209,872             350,000
Operation and maintenance...........................           3,739,500           1,930,428           3,923,000
Regulatory program..................................             200,000             200,000             210,000
FUSRAP..............................................             150,000                   -             155,000
Flood control and coastal emergencies...............              35,000              27,000              37,500
Expenses............................................             193,000             187,000             203,000
Office of the Assistant Secretary of the Army for                  5,000               5,000               5,000
 Civil Works........................................
Harbor Maintenance Trust Fund.......................                   -             965,000                   -
Inland Waterways Trust Fund.........................                   -              55,500                   -
                                                     -----------------------------------------------------------
    Total, Corps of Engineers--Civil................           6,998,500           4,963,745           7,355,500
----------------------------------------------------------------------------------------------------------------

                             INVESTIGATIONS

 
 
 
Appropriation, 2019...................................      $125,000,000
Budget estimate, 2020.................................        77,000,000
Recommended, 2020.....................................       135,000,000
Comparison:
  Appropriation, 2019.................................       +10,000,000
  Budget estimate, 2020...............................       +58,000,000
 

    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:


    Chacon Creek, Texas.--The Corps is reminded that flood 
mitigation projects like Chacon Creek in Laredo, Texas, are 
eligible to compete for additional funding provided within this 
account.
    Additional Funding.--The Corps is expected to allocate the 
additional funding provided in this account primarily to 
specific feasibility and preconstruction engineering and design 
(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 recommendation 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, and that no 
new start or new investment decision shall be required when 
moving from feasibility to PED. Of the additional funding 
provided for environmental restoration or compliance, the Corps 
shall allocate not less than $8,181,900 for ecosystem 
restoration projects in the PED phase that have been funded 
within the last three years. Of the additional funding provided 
for environmental restoration or compliance and other 
authorized project purposes, the Corps shall allocate not less 
than $1,500,0000 for ecosystem restoration projects that are 
modifications to flood protection project authorizations to 
address degraded conditions due to prior flood protection work. 
Of the additional funding provided in this account for flood 
and storm damage reduction and flood control, the Corps shall 
allocate not less than $1,500,000 for PED for projects that are 
located in economically disadvantaged communities where per 
capita income is less than half of the state and national 
averages and that have previously experienced loss of life due 
to flooding.
    Disposition of Completed Projects.--The Committee supports 
the budget request for disposition studies pursuant to 
facilities that closed as a result of P.L. 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.
    National Historic Landmarks.--The Committee appreciates 
that certain flood and storm damage reduction studies encompass 
National Historic Landmarks that are immediately threatened by 
shoreline erosion sites. The Corps is encouraged to consider 
the economic activity generated by these sites, and the value 
of the landmark itself, when prioritizing studies.
    Tribal Partnership Program.--The Committee encourages the 
Corps, through this program, to collaborate with university 
partners in support of the Tribal National Technical Center of 
Expertise, as appropriate.
    Promontory Point.--The Committee is supportive of efforts 
to move forward with the third-party review of the Promontory 
Point portion of the Chicago Shoreline project.
    Principles & Requirements.--The Committee directs the Corps 
to develop implementation rules and guidelines for the final 
Principles and Requirements for Federal Investments in Water 
Resources released in March 2013 and the final Interagency 
Guidelines released in December 2014. The Corps is directed to 
provide to the Committee not later than 180 days after 
enactment of this Act a briefing on the status of plans to 
develop these rules and guidelines. The Corps is directed to 
provide to the Committee a detailed implementation plan prior 
to implementing any rules and guidelines.
    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.--The 
Committee recognizes the importance of advancing the Navigation 
and Ecosystem Sustainability Program (NESP) for the Upper 
Mississippi region and the nation's economy and notes that 
Congress has already appropriated more than $62,000,000 in PED 
funding for this program. The Committee urges the Corps to 
expeditiously complete the Economic Reevaluation Report in 
order to move forward with PED and advance the projects 
authorized in Title VIII of the Water Resources and Development 
Act of 2007 (P.L. 110-114).
    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, 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.
    Lake Cypress, Florida.--The Committee remains 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 is concerned 
about reports that the shoal has become a danger to navigation 
and strongly encourages the Corps to cooperate with state and 
local officials on this issue.
    Rio Puerto Nuevo Flood Control Project, Puerto Rico.--The 
Committee commends the collaboration and constructive dialogue 
between Para la Naturaleza and the Corps relating to the Rio 
Puerto Nuevo Flood Control Project. The Committee recognizes 
the progress made to balance flood protection with 
environmental stewardship and historic preservation at this 
site and urges the Corps to consult with interested parties as 
it further evaluates flood control projects in Puerto Rico.
    Research and Development.--The Corps is encouraged to 
continue research using geophysical computational modeling and 
to use those processes to create simulations of changing 
environmental processes, sea level rise, and habitat 
degradation.
    Reporting Requirement.--The Corps is encouraged to work 
expeditiously towards compliance with sections of P.L. 115-270 
that authorized and expedited feasibility studies. The 
Committee directs the Corps to provide to the Committee not 
later than 45 days after enactment of this Act a briefing on 
the status of implementation of these sections.
    Projects of Importance to National Defense.--The Committee 
recognizes the importance of flood and coastal storm damage 
reduction investigations necessary to protect critical national 
defense capabilities that are also major regional economic 
hubs.

                              CONSTRUCTION

 
 
 
Appropriation, 2019...................................    $2,183,000,000
Budget estimate, 2020.................................     1,306,945,000
Recommended, 2020.....................................     2,337,000,000
Comparison:
  Appropriation, 2019.................................      +154,000,000
  Budget estimate, 2020...............................    +1,030,055,000
 

    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:


    Murrieta Creek, California.--The Corps expects to complete 
the Phase 2A component of the project and Phase I Environmental 
and Vegetation Removal by the end of 2019. The Committee 
remains concerned with the Corps' slow progress on completing 
the Validation Report, even though a draft economic analysis 
was issued in 2013, and urges the Corps to complete the report 
expeditiously. The Corps is directed to re-evaluate project 
hydraulics, hydrology, and economics to determine if the cost 
savings identified by the local sponsor are appropriate and to 
include the full range of benefits in the Validation Report.
    Port of Brownsville Deepening Project.--The Port of 
Brownsville, Texas, is undergoing a project to deepen the 
channel from 42 to 52 feet. The Committee recognizes that the 
project has a high benefit to cost ratio and an enthusiastic 
non-federal sponsor. The Corps is reminded the Brownsville 
Deepening project is eligible to compete for additional funding 
provided in this account.
    Charleston Harbor, South Carolina.--The budget request 
lists this project as one that is funded to completion. The 
Committee understands that the Corps intends to use the funds 
requested in the budget request to cover costs of the three 
remaining contracts scheduled for award in fiscal year 2020 or 
beyond for the Charleston Harbor Deepening Project. The Corps 
is directed to brief the Committee not later than 45 days after 
enactment of this Act on the status of the efforts to amend the 
existing project partnership agreement to use these funds to 
fully fund, up to the amount in the budget request, the three 
remaining contracts.
    Howard Hanson Dam.--The Committee notes that the Corps is 
working to support a planning workshop to resume work on the 
construction of a downstream fish passage facility as mandated 
by the 2019 Biological Opinion. The Committee supports these 
efforts and directs the Corps to work expeditiously on this 
project in order to meet the 2030 deadline established in the 
Biological Opinion.
    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 is supportive of the Corps' work on the Chesapeake 
Bay Oyster Recovery program and urges the Corps to include 
funding in future budget submissions for these efforts.
    Chesapeake Bay Comprehensive Water Resources and 
Restoration Plan.--The Committee is supportive of the 
Chesapeake Bay Comprehensive Water Resources and Restoration 
Plan.
    New York and New Jersey Harbor Deepening Project.--The 
Committee is encouraged by the work of the Corps and its local 
partners to bring the construction of the New York and New 
Jersey 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 the national economy.
    Clearing and Snagging Projects.--Section 208 of the Flood 
Control Act of 1954 authorizes channel clearing and excavation 
to reduce nuisance flood damages caused by debris and minor 
shoaling of rivers. The Corps is directed to brief the 
Committee not later than 90 days after enactment of this Act on 
the status of activities undertaken pursuant to this authority.
    Cano Martin Pena, Puerto Rico.--The Committee remains 
interested in the timely advancement of this project and 
recognizes the ancillary benefits this project would bring for 
flood protection, improved water quality, and economic 
revitalization in a disadvantaged corridor of San Juan. The 
Committee encourages the Corps to work with the non-federal 
sponsor and to include funding for this project in future 
budget requests. The Corps is directed to brief the Committee 
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 $27,000,000 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 $20,000,000 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 $25,000,000 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 environmental 
restoration or compliance, the Corps shall allocate not less 
than $5,000,000 for projects that restore and rehabilitate 
native oyster reefs. Of the additional funding provided in this 
account for flood and storm damage reduction and flood control, 
the Corps shall allocate not less than $25,000,000 to continue 
construction of projects that principally address drainage in 
urban areas. Of the additional funding provided in this account 
for environmental restoration or compliance and other 
authorized purposes, the Corps shall allocate not less than 
$28,000,000 for ecosystem restoration projects that have 
incidental flood risk management benefits.
    P.L. 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 Committee includes $50,165,000 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 recommendation 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 for 
the Aquatic Plant Control Program, $15,000,000 shall be for 
watercraft inspection stations, as authorized by section 1170 
of the America's Water Infrastructure Act of 2018, and 
$3,000,000 shall be 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 $88,000,000. 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 CAP should continue consistent with 
direction provided in previous fiscal years.
    Beneficial Use of Dredged Material Pilot Program.--The 
Committee supports the pilot program authorized in section 1122 
of the Water Resources Development Act of 2016, but remains 
concerned about implementation of the program. The 
recommendation provides $7,500,000 for the first 10 projects 
selected. 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 Committee not later 
than 90 days after enactment of this Act on the planned 
activities, costs estimates, and potential timelines for each 
of the 10 selected pilot projects. The Corps is further 
directed to brief the Committee prior to any effort to select 
any additional pilot projects as authorized by the America's 
Water Infrastructure Act of 2018.
    P.L. 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 
strongly encourages the Corps to evaluate such requests from 
non-federal sponsors of projects funded under P.L. 115-123.
    New Programs Requested in the Budget Proposal.--The budget 
request includes a proposal for $150,000,000 for projects 
carried out under section 1043 of the Water Resources Reform 
and Development Act of 2014, ``Non-federal Implementation Pilot 
Program.'' This pilot program was authorized to allow the 
transfer of federal funds to non-federal interests for them to 
perform studies and construct projects. The Committee rejects 
the idea that the method of project execution should be used to 
prioritize projects for federal funding and provides no funds 
for such an effort. Individual projects that compete 
successfully for funding based on other performance-based 
criteria may be implemented using the section 1043 authority, 
if appropriate. The Corps shall brief the Committee not later 
than 45 days after enactment of this Act on activities carried 
out under the section 1043 pilot program, including the Corps' 
implementation guidance and any existing or potential 
agreements.
    The budget request also includes $150,000,000 for an 
Innovative Funding Partnerships Program to be used along with 
funds from non-federal interests ``in excess of the sponsor's 
statutory cost share requirements'' to carry out certain 
authorized projects. The Committee is disturbed by this blatant 
attempt to require funding in excess of legally required cost 
share as a criterion for funding decisions, which is contrary 
to long-standing congressional direction. The Committee 
provides no funds for this proposal. The Committee notes, 
however, that any project that could have received funding 
under such a program is eligible to compete for the additional 
funding provided in this account based on the project 
performance criteria described in this report.

                   MISSISSIPPI RIVER AND TRIBUTARIES

 
 
 
Appropriation, 2019...................................      $368,000,000
Budget estimate, 2020.................................       209,872,000
Recommended, 2020.....................................       350,000,000
Comparison:
  Appropriation, 2019.................................       -18,000,000
  Budget estimate, 2020...............................      +140,128,000
 

    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:


    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.
    Midwest Flooding.--The spring 2019 flooding in the Midwest 
is a reminder of the importance of flood risk management 
efforts at the federal, state, and local levels. The Corps is 
reminded that actions taken to help communities recover as 
quickly as possible after such flood events are also important, 
including actions in accordance with section 1128 of the 
America's Water Infrastructure Act of 2018.
    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, 2019...................................    $3,739,500,000
Budget estimate, 2020.................................     1,930,428,000
Recommended, 2020.....................................     3,923,000,000
Comparison:
  Appropriation, 2019.................................      +183,500,000
  Budget estimate, 2020...............................    +1,992,572,000
 

    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:


    Toledo Harbor, Ohio.--Toledo Harbor and the channel at the 
mouth of western Lake Erie serves as a major thoroughfare to 
the Great Lakes System, supporting manufacturing and commerce 
throughout the region. Additional funds have been provided in 
the Operation and Maintenance account, and the Corps is 
reminded that Toledo Harbor can compete for these funds.
    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;
           improvements to federal breakwaters and 
        jetties where additional work will improve the safety 
        of navigation and stabilize infrastructure to prevent 
        continued deterioration; 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;
                   maintenance of dredge disposal 
                facilities;
                   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.--The Committee provides 
an additional $4,000,000 to supplement activities related to 
harmful algal blooms and directs the Corps to work 
collaboratively with appropriate university partners to address 
harmful algal blooms formation, detection, and remediation to 
enhance protection of vital U.S. water resources. The Committee 
is aware of the critical need to develop next generation 
ecological models to maintain inland and intracoastal 
waterways, which contribute over $649,000,000,000 annually to 
the U.S. economy. The Committee has provided an additional 
$5,675,000 to develop next-generation ecological models. Within 
additional funds provided, 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 the nation's water resources.
    Gross Revenue Fees.--Improving public access to and usage 
of Corps facilities and the continued enhancement of those 
facilities are significant policy objectives. The Committee has 
heard concerns that current Corps policy and actions related to 
the fees placed on gross revenue have discouraged the 
enhancement of facilities and amenities at certain properties. 
The Committee directs the Comptroller General to complete a 
study on how to enhance recreational opportunities and property 
enhancements, including a review of the impact of gross revenue 
fees.
    Administrative Fees.--The Committee has heard concerns that 
the Corps has imposed unpredictable administrative fees on 
lessees for routine, general operational items that are not 
specifically outlined in leases between the Corps and 
concessionaires at Corps facilities. The Corps is directed to 
brief the Committee not later than 90 days after enactment of 
this Act on current Corps policy on administrative fees, 
including statutory authorization, policy guidance documents, 
and a description of when and how much variation is allowed for 
various activities and across district offices.
    Coastal Resilience Study.--The Corps plays a critical role 
in managing flood risk and threats from coastal hazards. The 
Comptroller General is directed to provide to the Committee not 
later than one year after enactment of this Act a report with 
recommendations to Congress on how to increase the Corps' 
capacity to repair and maintain existing projects before they 
deteriorate to the point of failure.
    Monitoring of Completed Navigation Projects.--The Committee 
supports the Corps' efforts to cost-effectively improve the 
safety, efficiency, and reliability of critical and aging 
infrastructure. The Committee understands that the Corps 
continues to explore non-destructive testing methods of 
inspection that can assist in performing this vital mission 
with increased safety and accuracy and at significantly less 
cost than current methods. The recommendation provides 
$2,000,000 for the Corps to complete an asset management plan 
regarding non-destructive testing methods.
    Coastal Inlets Research Program.--The Committee recognizes 
the importance of sustainable oyster reefs for protecting vital 
navigation channels and coastal infrastructure, supporting 
commercial fisheries, and maintaining healthy ecosystems. 
Recent restoration efforts have not achieved the intended 
success for U.S. oyster populations, and the identification of 
effective restoration strategies remains a critical gap. The 
Corps is encouraged to develop partnerships with research 
universities to leverage expertise to enhance the Engineer 
Research and Development Center Environmental Laboratory 
mission.
    Okatibbee Lake, Mississippi.--The Committee is aware of 
significant shoreline sloughing and erosion at this project, 
caused by severe storms and the resulting changing water 
levels, which have the potential to impact infrastructure, 
damage property, and put lives at risk. The Corps is reminded 
that addressing shoreline sloughing and erosion at a Corps 
project, including at locations leased by non-federal entities, 
is an activity eligible to compete for additional funding 
provided in this account.
    Water Operations Technical Support (WOTS).--Funding in 
addition to the budget request is included to continue research 
into atmospheric rivers first funded in fiscal year 2015.
    Dredging Operations and Environmental Research (DOER) 
Program.--The Committee commends the Corps for its ongoing 
research into nature-based infrastructure and encourages the 
Corps to continue to work with university partners to develop 
standards, design guidance, and testing protocols to fully 
evaluate and standardize nature-based and hybrid infrastructure 
solutions.
    Performance Based Budgeting Support Program.--Of the 
funding provided for this Remaining Item, $2,000,000 shall be 
to support performance based methods that enable robust 
budgeting of the hydropower program through better 
understanding of operation and maintenance impacts leveraging 
data analytics.
    Petaluma River.--The Committee is aware that the last full 
dredging of the Petaluma River was in 2003. Prior to 2003, the 
channel was dredged every three to four years to maintain 
channel depth. Shoaling in the Upper Petaluma River is 
impacting commercial traffic as barging companies curtail 
operations and the capacities of barges. Given public safety 
concerns as well as economic impacts, the Corps is reminded 
that the Petaluma River is eligible to compete for additional 
funding provided in this account.
    Response to Climate Change at Corps Projects.--The 
Committee recognizes the need to further incorporate 
assessments of climate-related risks and vulnerabilities in 
Corps planning, programs, projects, investments, and related 
funding decisions, and simultaneously to set up a process to 
explore and prioritize further mitigation opportunities in 
broader Corps work.
    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.
    Federal Breakwaters and Jetties.--Within available funds, 
the Corps is directed to assess the inventory of the structural 
condition of federal breakwaters and jetties protecting harbors 
and inland harbors.
    Lake Okeechobee.--The Committee is aware that the Corps is 
currently reevaluating the Lake Okeechobee System Operating 
Manual to take into consideration the upcoming completion of 
the Herbert Hoover Dike and certain Everglades restoration 
projects. The Committee encourages the Corps to use the best 
available science to determine appropriate lake levels to 
ensure the ecosystem is preserved, water supply for the eight 
million residents in South Florida is maintained, and the 
safety of all residents of the region is upheld.
    River Commissions.--The Congress has made clear its intent 
that the Susquehanna, Delaware and Potomac River Basin 
Commissions be supported, and the Corps is encouraged to budget 
accordingly in future budget requests.
    Operation and Maintenance of Corps Dams.--The Corps' 
operation of hydroelectric and navigational dams provides an 
affordable source of hydroelectric power to communities across 
the nation and supports wildlife habitats, as well as 
recreational activities on and off the water for boaters, 
fisherman, swimmers, and others. These dams also promote 
commercial and economic activity by connecting communities up 
and down the waterways. It is vital that these dams are 
maintained to ensure the recreational and the economic 
sustainability of local communities. The Corps shall provide to 
the Committee not later than 180 days after enactment of this 
Act a report on the dredging and maintenance needs of the 
Walter F. George, George Andrews, and Jim Woodruff locks and 
dams.
    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.
    Contaminated Sediment.--Section 312 of the Water Resources 
Development Act of 1990 provides for the removal of 
contaminated sediment for purposes of environmental enhancement 
and water quality improvement. The Committee is aware that the 
Corps may be constrained in its use of section 312 due to 
liability concerns when dredging contaminated sediment. The 
Committee encourages the Corps to partner with the 
Environmental Protection Agency, when possible, to enter into 
hold harmless agreements with states and localities when 
appropriate pursuant to existing authorities. The Corps shall 
provide to the Committee not later than 180 days after 
enactment of this Act a report on the historic use of section 
312 and any ongoing contaminated sediment removal efforts, 
including impediments to utilizing section 312 and 
recommendations for addressing any impediments.
    Mapping and Surveying Technologies.--The Committee 
recommends not less than $1,200,000 for a pilot effort to 
identify modernization initiatives and recommendations at Corps 
districts for the procurement of advanced integrated GPS and 
optical surveying and mapping equipment. The Corps' Geospatial 
Center shall conduct an assessment leveraging a District level 
project, as appropriate, to evaluate the performance and 
capabilities against its current mapping and surveying 
equipment. The Corps shall brief the Committee on the results 
of the assessment upon completion.
    Levee Safety.--The Committee notes that the Corps has 
authorization to carry out certain levee safety initiatives. 
The recommendation provides funds above the budget request for 
two Remaining Items, the National (Levee) Flood Inventory and 
Inspection of Completed Federal Flood Control Projects, to 
carry out ongoing work. The Corps shall provide to the 
Committee not later than 90 days after enactment of this Act a 
briefing on its efforts to implement these initiatives.

                           REGULATORY PROGRAM

 
 
 
Appropriation, 2019...................................      $200,000,000
Budget estimate, 2020.................................       200,000,000
Recommended, 2020.....................................       210,000,000
Comparison:
  Appropriation, 2019.................................       +10,000,000
  Budget estimate, 2020...............................       +10,000,000
 

    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.
    Wetland Mitigation Banks.--The Committee recognizes there 
are proposed wetland mitigation banks currently under review by 
the Corps, including the Seattle District, where there are 
multiple proposals awaiting review. The Committee encourages 
the Corps to expeditiously complete all reviews, including the 
review of proposed wetland mitigation banks located in counties 
where no other mitigation banks are currently operating in 
order to improve geographic coverage of mitigation activities. 
The Corps shall brief the Committee not later than 90 days 
after enactment of this Act on steps taken to expeditiously 
complete these reviews.
    Staffing Shortages.--The Committee recognizes the systemic 
staffing shortages across the Regulatory Program and directs 
the Corps to provide to the Committee not later than 180 days 
after enactment of this Act a report on the number of currently 
unfilled positions in each District and a detailed plan for how 
the agency intends to fill those positions.
    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.
    Chehalis Basin, Washington.--The Committee is aware that 
flooding has long been a problem in the Chehalis Basin. The 
Committee is also aware of delays in the Corps' work in 
environmental review of the project. The Committee encourages 
the Corps to continue to work in coordination with the non-
federal sponsor on plans to reduce flooding in the basin. The 
Corps is directed to provide quarterly briefings to the 
Committee, with the first occurring not later than 90 days 
after enactment of this Act.
    Chehalis Basin Process.--The Committee is pleased with the 
Seattle District for working collaboratively with stakeholders 
in 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 
synchronize the National Environmental Policy Act and State 
Environmental Policy Act 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.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

 
 
 
Appropriation, 2019...................................      $150,000,000
Budget estimate, 2020.................................             - - -
Recommended, 2020.....................................       155,000,000
Comparison:
  Appropriation, 2019.................................        +5,000,000
  Budget estimate, 2020...............................      +155,000,000
 

    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 Committee rejects the budget proposal to transfer the 
Formerly Utilized Sites Remedial Action Program (FUSRAP) to the 
Department of Energy. The Congress intentionally transferred 
FUSRAP from the Department 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 is pleased with the current cooperation 
between the Corps and the Department in carrying out the 
program and 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, 2019...................................       $35,000,000
Budget estimate, 2020.................................        27,000,000
Recommended, 2020.....................................        37,500,000
Comparison:
  Appropriation, 2019.................................        +2,500,000
  Budget estimate, 2020...............................       +10,500,000
 

    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.
    As the nation experiences severe weather events more 
frequently, the Committee appreciates the work the Corps 
undertakes within this account. The additional funds provided 
for this account will ensure that the Corps remains capable of 
carrying out these responsibilities.

                                EXPENSES

 
 
 
Appropriation, 2019...................................      $193,000,000
Budget estimate, 2020.................................       187,000,000
Recommended, 2020.....................................       203,000,000
Comparison:
  Appropriation, 2019.................................       +10,000,000
  Budget estimate, 2020...............................       +16,000,000
 

    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 is supportive of the 
Corps' efforts to implement the alternative financing 
mechanisms authorized in the Water Infrastructure Financing and 
Innovation Act (WIFIA).
    The Corps is directed to submit to the Committee not later 
than 45 days after enactment of this Act a report detailing the 
Corps' efforts on developing public-private partnerships, 
including any authorized pilots. The report also shall include 
an updated list of any demonstration projects being evaluated 
and a detailed description of the goals, advances in, and 
remaining challenges for each project.
    The Committee appreciates the Corps' efforts to develop and 
implement the WIFIA program, including the development of a 
draft credit subsidy model and partnering with the 
Environmental Protection Agency in program development. The 
Committee notes that the Corps has indicated that additional 
steps are required before it can begin loan obligations under 
this program, including the development and publishing of 
program regulations, a notice of funding availability, and a 
two-phase process of letter of intent submissions and loan 
applications. The Committee directs the Corps to brief the 
Committee regularly on further developments in program 
implementation, with the first briefing occurring not later 
than 90 days after enactment of this Act.
    Additional funds are available to further develop this 
program. However, 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.
    Other Transaction Authority.--The Committee is aware that 
the use of Other Transaction Authority provides a streamlined 
acquisition tool to accelerate project delivery. When leveraged 
appropriately, Other Transaction Authority also gives the 
government greater access to innovative, state-of-the-art 
technology solutions from the commercial sector. The Corps is 
encouraged to expand its use of Other Transaction Agreements to 
execute the Civil Works program.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

 
 
 
Appropriation, 2019...................................        $5,000,000
Budget estimate, 2020.................................         5,000,000
Recommended, 2020.....................................         5,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................             - - -
 

    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 counts 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 shall 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 projects.
    The bill continues a provision regarding certain dredged 
material disposal activities. The Committee is aware of certain 
issues regarding placement of dredge material. The Corps is 
directed to brief the Committee not later than 90 days after 
enactment of this Act on these activities.
    The bill continues a provision regarding reallocations at a 
project.
    The bill continues a provision prohibiting the use of funds 
in this Act to reorganize or transfer the Civil Works functions 
of the Corps.
    The bill includes a provision regarding eligibility for 
additional funding. Whether a project is eligible for funding 
under a particular provision of additional funding is a 
function of the technical details of the project; it is not a 
policy decision. The Chief of Engineers is the federal 
government's technical expert responsible for execution of the 
Civil Works program and for offering professional advice on its 
development. Therefore, the bill provision clarifies that a 
project's eligibility for additional funding shall be solely 
the professional determination of the Chief of Engineers.
    The bill includes a provision prohibiting the use of funds 
in this Act for certain activities.

                  TITLE II--DEPARTMENT OF THE INTERIOR


                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

 
 
 
Appropriation, 2019...................................       $15,000,000
Budget estimate, 2020.................................        10,000,000
Recommended, 2020.....................................        15,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................        +5,000,000
 

    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 $11,700,000 for Central Utah Project 
construction, $1,800,000 for transfer to the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission, and 
$1,500,000 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, 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 and does 
so in response to a changing climate that strains the very 
resources that Reclamation is charged with managing, developing 
and protecting. Reclamation maintains 338 reservoirs with the 
capacity to store 245 million acre-feet of water.
    As Reclamation's 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.
    The budget request includes $21,400,000 for Colorado River 
compliance activities in the Water and Related Resources 
account. These activities are funded by a transfer from the 
Western Area Power Administration and included in section 307 
of this Act.

      FISCAL YEAR 2020 BUDGET REQUEST AND COMMITTEE RECOMMENDATION

    The budget request for the Bureau of Reclamation totals 
$1,109,849,000. The Committee recommendation totals 
$1,632,849,000, which is $82,849,000 above fiscal year 2019 and 
$523,000,000 above the budget request.
    A table summarizing the fiscal year 2019 enacted 
appropriation, the fiscal year 2020 budget request, and the 
Committee recommendation is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2019 enacted     FY 2020 request        Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources.........................          $1,391,992            $962,000          $1,485,000
Central Valley Project Restoration Fund.............              62,008              54,849              54,849
California Bay-Delta Restoration....................              35,000              33,000              33,000
Policy and Administration...........................              61,000              60,000              60,000
                                                     -----------------------------------------------------------
      Total, Bureau of Reclamation..................           1,550,000           1,109,849           1,632,849
----------------------------------------------------------------------------------------------------------------

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2019...................................    $1,391,992,000
Budget estimate, 2020.................................       962,000,000
Recommended, 2020.....................................     1,485,000,000
Comparison:
  Appropriation, 2019.................................       +93,008,000
  Budget estimate, 2020...............................      +523,000,000
 

    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:


    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. Additionally, 
the Committee is concerned by the health, environmental, 
agricultural, and natural resource impacts at the Salton Sea. 
The Committee appreciates the work the Department of the 
Interior has done at the Sea, and encourages the Department to 
partner with federal, state, and local partners to support 
mitigation activities and reduce the likelihood of severe 
health and environmental impacts.
    Tualatin Project, Scoggins Dam, Oregon.--The Committee 
supports the budget request for preconstruction activities at 
Scoggins Dam under the Safety of Dams program. The Committee 
urges Reclamation to expeditiously complete the preconstruction 
phase. Consistent with existing authorities, the Committee 
encourages Reclamation to evaluate alternatives, including new 
or supplementary works, provided that safety remains the 
paramount consideration, to address dam safety modifications 
and increased conservation storage. 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 engineering preferred alternative and the NEPA 
review. 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.
    Columbia Basin Project, Washington.--The Committee is aware 
of the Odessa Ground Water Replacement Program within the 
Columbia Basin Project to deliver surface water to the Odessa 
Subarea. The Subarea groundwater is being withdrawn at a rate 
beyond the aquifer's capacity to recharge, and aquifers in the 
Subarea are quickly declining. Groundwater is virtually 
depleted to such an extent that water must be pumped from wells 
as deep as 2,400 feet. Water pumped from such depths is hot and 
has dangerously high sodium concentrations. The Committee 
supports Reclamation's partnership in the program to provide 
farmlands in Central and Eastern Washington with surface water 
supply through operational changes in the storage and delivery 
system and urges Reclamation to move forward to implement the 
program.
    Mni Wiconi Project, South Dakota.--Reclamation is directed 
to continue working with the Tribes and relevant federal 
agencies to coordinate use of all existing authorities and 
funding sources to finish needed community system upgrades and 
connections, as well as transfers of those systems.
    Aquatic Nuisance Species.--Additional funding provided 
under Environmental Restoration or Compliance and Water 
Conservation and Delivery may be used to combat the growing 
threat of aquatic invasive species.
    Aamodt Litigation Settlement Act.--The Committee is aware 
that the cost of the Aamodt litigation settlement project will 
exceed the current authorization. The Committee understands 
that Reclamation and the parties to the settlement have 
determined through negotiations about this project the need for 
increasing the federal cost ceiling. The Committee directs 
Reclamation to use funds on hand for this settlement to 
initiate construction of features necessary to prevent 
additional cost overruns associated with delayed construction.
    Yakima River Basin Water Enhancement Project Integrated 
Plan, Washington.--The Committee is aware of the Yakima Basin 
Integrated Plan that has been developed by the Yakima River 
Basin Water Enhancement Project Working Group, including 
Reclamation, to address ecosystem restoration, 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 Reclamation to move forward on implementing 
authorized components of the Plan.
    San Joaquin River Restoration Program.--Permanent 
appropriations, newly available for the program in fiscal year 
2020, should not supplant continued annual appropriations.
    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. Funding 
provided under the heading Additional Funding for Ongoing Work 
may be utilized for ongoing work, including preconstruction 
activities, on projects which provide new or existing water 
supplies through additional infrastructure. Of the additional 
funding provided under the heading ``Water Conservation and 
Delivery,'' $89,333,000 shall be for water storage projects as 
authorized in section 4007 of P.L. 114-322.
    Of the additional funding provided under the heading of 
``Water Conservation and Delivery,'' $40,000,000 shall be for 
water conservation activities in areas that are experiencing 
extended drought conditions. These water conservation 
activities shall include well construction and irrigation 
related structural or other measures, programs and projects 
that result in conservation of other surface water or 
groundwater, or improve water system efficiency, resilience, 
reliability, delivery, and conveyance. Reclamation is directed 
to brief the Committee not later than 180 days after enactment 
of this Act on the status of carrying out these activities.
    Not later than 45 days after enactment of this Act, 
Reclamation shall provide to the Committee a report delineating 
how the additional funds in this account 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 P.L. 
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, $8,000,000 shall be for desalination projects as 
authorized in section 4009(a) of P.L. 114-322.
    WaterSMART Program: Title XVI Water Reclamation & Reuse 
Program.--Of the funding provided for this program, $13,333,000 
shall be for water recycling and reuse projects as authorized 
in section 4009(c) of P.L. 114-322.

                CENTRAL VALLEY PROJECT RESTORATION FUND

 
 
 
Appropriation, 2019...................................       $62,008,000
Budget estimate, 2020.................................        54,849,000
Recommended, 2020.....................................        54,849,000
Comparison:
  Appropriation, 2019.................................        -7,159,000
  Budget estimate, 2020...............................             - - -
 

    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 budget request. The 
Committee notes that the decrease 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 
recommendation includes no less than $1,200,000 for the 
Anadromous Fish Screen Program, in accordance with the budget 
request. The Committee continues to be concerned about the 
disconnect between funding levels requested and ultimately 
allocated for the Anadromous Fish Screen Program. The Committee 
encourages Reclamation to maintain its focus on screening 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, 2019...................................       $35,000,000
Budget estimate, 2020.................................        33,000,000
Recommended, 2020.....................................        33,000,000
Comparison:
  Appropriation, 2019.................................        -2,000,000
  Budget estimate, 2020...............................             - - -
 

    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, 2019...................................       $61,000,000
Budget estimate, 2020.................................        60,000,000
Recommended, 2020.....................................        60,000,000
Comparison:
  Appropriation, 2019.................................        -1,000,000
  Budget estimate, 2020...............................             - - -
 

    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.

                        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 Reclamation may reprogram funds.
    The bill continues a provision regarding the San Luis Unit 
and Kesterson Reservoir in California.
    The bill contains a provision regarding the Secure Water 
Act of 2009.
    The bill contains a provision regarding the CALFED Bay-
Delta Authorization Act.
    The bill contains a provision regarding the Omnibus Public 
Land Management Act of 2009.
    The bill contains a provision regarding the Claims 
Resolution Act of 2010.

                    TITLE III--DEPARTMENT OF ENERGY


                              INTRODUCTION

    Funds recommended in Title III provide for all Department 
of Energy programs, including Energy Efficiency and Renewable 
Energy; Cybersecurity, Energy Security, and Emergency Response; 
Electricity; 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; 
Advanced Research Projects Agency--Energy; Innovative 
Technology Loan Guarantee Program; Advanced Technology Vehicles 
Manufacturing Loan Program; Tribal Energy Loan Guarantee 
Program; Office of Indian Energy Policy and Programs; 
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; the Power Marketing 
Administrations; and the Federal Energy Regulatory Commission.

                        Committee Recommendation

    The Department of Energy has requested a total budget of 
$31,501,929,000 in fiscal year 2020 to fund programs in its 
four primary mission areas: science, energy, environment, and 
national security. The Department of Energy budget request is 
$4,183,388,000 below the fiscal year 2019 level. The 
recommendation provides $37,087,431,000 for the Department of 
Energy, $5,585,502,000 above the budget request.
    Research and Development Policy.--The budget request again 
proposes to focus the Department solely on early-stage research 
and development activities at the expense of medium- and later-
stage research and development, including deployment, 
demonstration, and other approaches to spur innovation. The 
Committee rejects this short-sighted and limited approach, 
which will ensure that technology advancements will remain in 
early-stage form and are unlikely to integrate the results of 
this early-stage research into the nation's energy system. 
While early-stage research and development has an appropriate 
place in a balanced research portfolio, the Committee strongly 
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 will not fully realize 
the technological advancements that can and should happen as a 
result of the Department's applied energy activities. The 
Committee provides robust funding to support a comprehensive, 
balanced approach that also includes medium- and later-stage 
research, development, deployment, and demonstration 
activities. The Committee directs the Department to follow this 
comprehensive approach in each applied energy research and 
development program office and expend funding in an expeditious 
manner, to include the timely issuance of funding opportunity 
announcements and awards of funds. To capitalize on the 
research infrastructure and expertise at universities across 
the country, the Committee encourages the Department to 
increase opportunities for universities to compete for funding 
within the Department's portfolio of research.

                        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 to include 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 to include a general provision 
specifying which transfer authorities may be used for accounts 
funded by this Act.

                   FINANCIAL REPORTING AND MANAGEMENT

    The Department still is not in compliance with its 
statutory requirement to submit to Congress, at the time that 
the 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. 
The Department is directed to provide these requirements not 
later than 90 days after enactment of this Act.
    Working Capital Fund.--The Department has requested 
$276,096,000 for the working capital fund for fiscal year 2020. 
The Committee provides $276,096,000 for this purpose, and 
directs that if the Department transfers additional amounts to 
the working capital fund, notification must be provided to the 
Committee in advance of any such transfer. The notification 
shall identify the sources of funds by program, project, or 
activity. Further, the Department shall notify the Committee 
before adding or removing any activities from the fund.
    Alleviation of Poverty.--In each year since fiscal year 
2016, the Committee has 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 Committee is still awaiting this 
report, and directs the Department to provide this report not 
later than 90 days after enactment of this Act.
    Workplace Diversity.--The Committee recognizes the 
importance of workplace diversity at the Department and its 
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 understands that each national 
laboratory develops its own recruitment and retainment 
strategies and provides those plans to the Department for 
review. The Committee directs the Department to comprehensively 
evaluate these plans and provide a report to the Committee 
detailing efforts to recruit and retain diverse talent from the 
institutions mentioned above. Further, the Department is 
directed to provide to the Committee a report on its internal 
programs that support research and development opportunities 
from the institutions mentioned above. The Department shall 
provide this report as a comprehensive evaluation not later 
than 90 days after enactment of this Act.
    Workforce Development Programs.--The Committee recognizes 
the need to ensure that the nation has a ready, capable 
workforce both for today and the next generation to meet 
changing energy demands and safeguard the nation's nuclear 
security. The Department has a long history and unique 
opportunity of training and supporting the science, technology, 
engineering, and mathematics workforce. The Department is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act a report that includes an inventory 
of workforce development and readiness programs supported 
throughout the Department. The inventory shall include current 
programs, past programs over the last 10 years, and 
recommendations for the Department to improve or expand its 
workforce development efforts. The report shall also include 
specific recommendations addressing workforce readiness to meet 
the Department's nuclear security missions.
    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 2021 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 the Department has not 
reported any progress on issues identified by the Department's 
Inspector General associated with the Department's cost audit 
coverage. The Department was directed in the fiscal year 2019 
Act to provide to the Committee a plan for removing the 
Department from the Government Accountability Office's High 
Risk List for Fraud, Waste, and Abuse for its contract 
management. This report was to include plans to improve 
contract auditing and the tracking of meaningful data for 
fraud, waste, and abuse in its contracts. The Department has 
not provided this report, and the Committee reiterates this 
direction and looks forward to receiving this report not later 
than 90 days after enactment of this Act.

                        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.

                           PROJECT MANAGEMENT

    The Committee notes that the Department is not meeting its 
statutory annual reporting requirements for its general plant 
projects, yet has asked for relief in raising the funding limit 
on general plant projects. Furthermore, the Department has not 
been consistently reporting the details of its general plant 
projects across Departmental programs in its budget request, 
though the Committee notes improvement in certain programs. Not 
later than 60 days after enactment of this Act, the Department 
shall provide to the Committee a report on all general plant 
projects funded in fiscal years 2018, 2019, and 2020. The 
Department shall ensure that all general plant projects are 
clearly identified in the appropriate sections of its fiscal 
year 2021 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 Committee 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 Committee in writing and may not be 
implemented prior to approval by the Committee.
    Transfers.--As in fiscal year 2019, 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 2020 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, 2019...................................    $2,379,000,000
Budget estimate, 2020.................................       343,000,000
Recommended, 2020.....................................     2,651,713,000
Comparison:
  Appropriation, 2019.................................      +272,713,000
  Budget estimate, 2020...............................    +2,308,713,000
 

    Energy Efficiency and Renewable Energy (EERE) programs 
include research, development, demonstration, and deployment 
activities that advance energy efficiency and renewable energy 
technologies, as well as federal energy assistance programs. 
Since the early 1970s and in partnership with business, 
industry, universities, research labs, and stakeholders, EERE 
has helped develop affordable, renewable energy and energy 
efficiency technologies. EERE is on the forefront of clean 
energy innovation, implementing a range of strategies aimed at 
reducing U.S. reliance on fossil fuels that is saving American 
families and businesses money, creating jobs, and reducing 
pollution.
    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 Department is reminded that the research and 
development (R&D) policy contained in the front matter of Title 
III of this report specifically applies to each program within 
EERE. The Department shall provide the Committee with the 
specific breakdowns for R&D stages for both funds that are 
allocated according to this report and any funds that are not 
allocated by this report for each program.
    The Committee directs EERE to offer technical and other 
programmatic assistance to 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, and to assist Puerto Rico in 
assessing the viability of a subsea electric cable 
interconnection and the use of micro grids.
    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. The Department is directed to 
provide to the Committee not later than 120 days after 
enactment of this Act a report on research collaborations with 
the Department of Agriculture, including at national 
laboratories. This report shall also address how the 
Department's expertise in energy efficiency for industrial 
processes, lighting systems, materials science, and advanced 
soil science can benefit food insecure communities and 
greenhouse and four-season production platforms.
    Zero Emissions Energy Credit.--The Committee notes that the 
fiscal year 2018 Act directed the Department 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 in its current 
structure. The Department is directed to support the 
Environmental Protection Agency's efforts to reexamine Energy 
Star guidelines and standard operating procedures to ensure 
transparency, predictability, and consistency for all 
stakeholders.
    Energy Storage.--The Committee supports the Department's 
ongoing role in advancing energy storage R&D and encourages 
continued collaboration with the Office of Science, Office of 
Fossil Energy, and Office of Electricity on these efforts.

                       SUSTAINABLE TRANSPORTATION

    The Vehicle, Bioenergy, and Hydrogen and Fuel Cell 
Technologies programs fund activities that can reduce American 
exposure to future high oil prices. Annually, vehicles 
transport 11 billion tons of freight or about $35,000,000,000 
worth of goods each day and move more than three trillion 
vehicle miles. 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. The Committee directs the 
Vehicle, Bioenergy, and Hydrogen and Fuel Cell Technologies 
offices to continue to work closely to develop common metrics 
to evaluate and compare the costs and energy consumption of 
advanced transportation technologies with existing 
technologies. The Department is directed to provide to the 
Committee not later than 180 days after enactment of this Act a 
report describing research and development activities 
applicable to two-stroke opposed piston engines within the 
Vehicle Technologies Office and how this research differs from 
ongoing work within the Department and other agencies.
    Vehicle Technologies.--Within available funds, the 
recommendation includes $163,200,000 for Batteries and Electric 
Drive Technology; not less than $38,100,000 for electric drive 
research and development, of which $7,000,000 is to enable 
extreme fast charging and advanced battery analytics; and not 
less than $35,000,000 for Materials Technology, of which 
$30,000,000 is for early-stage research on multi-materials 
joining, propulsion materials, and carbon fiber-reinforced 
composites. Not less than $12,500,000 is provided for the Co-
Optimization of Engine and Fuels Multi-Laboratory Consortium. 
The Committee provides $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 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 $42,300,000 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. The Committee encourages continued outreach and 
deployment activities of renewable natural gas and natural gas 
powered vehicles.
    Within available funds, the Committee includes not more 
than $10,000,000 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, 
$10,000,000 to continue to support improving the energy 
efficiency of commercial off-road vehicles, including not more 
than $5,000,000 for fluid power systems. The Department is 
directed to provide to the Committee not later than 120 days 
after enactment of this Act a report on the potential for 
efficiency in these areas.
    The Committee encourages continued research and development 
as appropriate in advanced combustion and vehicle engine 
technology efficiency in propane engines used for light- and 
medium-duty applications.
    Bioenergy Technologies.--Within available funds, the 
Committee encourages the Department to continue to address 
issues regarding the use of biomass and waste, such as 
municipal solid waste, refuse derived fuels, wet wastes, waste 
gasses, and mixed wastes incorporating agriculture and forest 
residues, as feedstocks for biofuels and biochemical products. 
The Committee encourages continued research on the conversion 
of fuels and chemicals to electricity. The recommendation 
provides not less than $30,000,000 for feedstock supply and 
logistics, of which $5,000,000 is for upgrades at the Biomass 
Feedstock National User Facility to extend its capabilities and 
maximize benefits. The recommendation provides $35,000,000 for 
advanced algal systems.
    Within available funds for Conversion Technologies, the 
recommendation provides $20,000,000 to continue the Agile 
Biology Foundry.
    Within available funds for Demonstration and Market 
Transformation, not less than $12,500,000 is provided for the 
Co-Optimization of Engine and Fuels Multi-Laboratory 
Consortium.
    The Committee is appreciative of research that the 
Bioenergy Technologies Office has supported regarding wet and 
gaseous waste streams in waste-to-energy projects. The 
Committee remains interested in understanding how further 
research and development activities can support baseload power 
generation using municipal solid waste-to-energy technologies, 
including to lower the energy costs of wastewater treatment 
plants. 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. The Committee looks forward to receiving 
this report promptly.
    The Committee encourages continued coordination with the 
Office of Fossil Energy on research and development of 
technologies for carbon capture and use.
    Hydrogen and Fuel Cell Technologies.--The Committee 
recognizes the progress in breakthrough research and cost 
reduction for stationary, vehicle, motive, and portable power 
applications of fuel cell and hydrogen energy technology. 
Within available funds, $7,000,000 is to enable integrated 
energy systems using high and low temperature electrolyzers 
with the intent of advancing the H2@Scale concept and 
$10,000,000 to cost share the Office of Nuclear Energy hydrogen 
demonstration project. Within available funds, the Committee 
recommends $35,000,000 for Technology Acceleration activities, 
of which $5,000,000 is for industry-led manufacturing. The 
Committee recommends not less than $7,000,000 for safety, 
codes, and standards. The Committee remains supportive of 
H2@Scale activities that enable wide-scale hydrogen production 
and use in the United States to enable resiliency of power 
generation and transmission.
    The Committee encourages the Department to continue its 
work on high temperature electrolysis coupled with thermal 
systems.

                            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. Research efforts have led to 
affordability and growth in adoption of renewable energy 
alternatives. Wind has become the cheapest energy source in 
many regions of the country and since 2008, the average price 
of wind energy has dropped by 75 percent. In little more than a 
decade, solar technology now powers more than nine million 
homes in the United States.
    Solar Energy.--The Committee recommends not less than 
$55,000,000 for Concentrating Solar Power research and 
development, of which $5,000,000 is provided for a 
demonstration on advanced thermal desalination technologies.
    The Committee recommends not less than $72,000,000 for 
Photovoltaic Research and Development to develop new or 
improved high-performance photovoltaic modules and 
architectures, and to achieve greater than 40 percent cell 
efficiencies.
    The Committee recommends $35,000,000 for Balance of System 
Cost efforts focused on developing best practices for reducing 
the time and costs for permitting, inspecting, and 
interconnecting distributed solar and storage projects 
installed behind the customer's meter. Within these available 
funds, $1,000,000 is for the Solar Ready Vets program and 
$5,000,000 is for the National Community Solar Partnership 
program to provide technical assistance to low and moderate 
income individuals, businesses, non-profit organizations, and 
state, local, and tribal governments to increase use of 
community solar installations.
    The Committee recommends not less than $49,500,000 for 
Systems Integration and not less than $30,000,000 for 
Innovations in Manufacturing Competitiveness.
    The Department is encouraged to support the development and 
demonstration of solar arrays that can withstand extreme 
weather events, earthquakes, and which are hardened from 
electromagnetic attacks. The solar arrays shall operate in 
grid-connected mode and as stand-alone resources.
    The recommendation provides $20,000,000 for a competitive 
funding opportunity to improve photovoltaic cell technologies 
including thin-film solar cell technologies and cadmium 
telluride solar cell technologies, and to overcome grid 
integration challenges and reduce the costs of solar adoption.
    Wind Energy.--The Department shall focus on innovative 
technologies that will lead to the next generation of offshore 
wind energy. The Committee encourages the Department to expand 
on the National Offshore Wind strategy published in 2016 by 
assessing how to set up supply chain, infrastructure, 
transmission, and grid integration to enable efficient 
logistics for the offshore wind industry. This should include 
how to plan for effective transmission of electricity from 
offshore wind plants to the onshore grid, how to develop 
regional networks of ports and other infrastructure to address 
offshore wind logistical issues, how to design and construct 
offshore wind support structures using U.S. labor, and 
strategic approaches to addressing supply chain and long-term 
workforce needs.
    The Committee provides not less than $5,000,000 for the 
Department's work on distributed wind technologies and 
encourages continued investment in research.
    The recommendation provides $1,000,000 for the Wind for 
Schools program.
    Water Power.--Within available funds, the recommendation 
provides $82,000,000 for marine and hydrokinetic research, 
development, and deployment activities, including research into 
mitigation of marine ecosystems impacts of these technologies. 
The Committee supports the Department's emerging focus on 
bringing marine energy to meet near-term opportunities in the 
blue economy, thereby accelerating marine energy grid 
readiness. The recommendation provides not more than 
$10,000,000 to support research and development, testing, and 
partnership activities for the new Powering the Blue Economy 
initiative. The Committee encourages the Department to use 
existing core capabilities within its national laboratories to 
execute this work, in partnership with universities and 
industry.
    Within available funds, the Committee provides $35,000,000 
for a balanced portfolio of competitive solicitations to 
support industry and university-led research, development, and 
deployment to validate the performance, reliability, 
maintainability, environmental impact, and cost of marine 
energy technology components, devices, and systems at a variety 
of scales, of which not more than $10,000,000 is for the 
Testing Expertise and Access for Marine Energy Research 
program.
    Within available funds, not more than $10,000,000 is 
provided to address infrastructure needs at marine energy 
technology testing sites. The Department shall 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 $43,000,000 for conventional 
hydropower, of which not less than $6,600,000 is for the 
purposes of section 242 of the Energy Policy Act of 2005. The 
Committee provides $5,000,000 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.
    The Committee recognizes the need for the Department to 
advance an array of technologies related to hydropower research 
and development. Within available funds, not less than 
$1,000,000 is provided to explore using existing government 
assets, including infrastructure operated by the U.S. Army 
Corps of Engineers and any necessary agreements that would be 
required to establish a hydropower research and development 
test facility. The Department is directed to brief the 
Committee not later than 180 days after enactment of this Act 
on the potential for this type of test facility.
    Geothermal Technologies.--Within available funds, 
$5,000,000 is for the completion of the Frontier Observatory 
Research in Geothermal Energy project, which will facilitate 
necessary technology development and expand the understanding 
of subsurface dynamics. The Department is directed to continue 
its efforts to identify prospective geothermal resources in 
areas with no obvious surface expressions. Within available 
funds, not more than $10,000,000 is provided for at least one 
demonstration project in an area with no obvious surface 
expressions, including to develop technologies for distribution 
of heat through district heating systems. The Department is 
encouraged to issue a solicitation for near-field enhanced 
geothermal systems demonstrations. The Department is encouraged 
to work with the Department of the Interior on opportunities to 
improve geothermal permitting.

                           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 including behavioral and social scientists to explore 
ways to improve the adoption rate of energy efficient 
technologies. The Committee also encourages the Department to 
continue growing this body of adoption research. The Department 
is directed to provide the Committee not later than 60 days 
after enactment of this Act a report that details how the 
Department would integrate such a program into the Department's 
ongoing research programs.
    Advanced Manufacturing.--The Committee provides not less 
than $4,205,000 for improvements in the steel industry; 
$25,000,000 for the Critical Materials Institute; $20,000,000 
for the Energy-Water Desalination Hub; and $20,000,000 for the 
Manufacturing Demonstration Facility (MDF) and the Carbon Fiber 
Test Facility. Within available funds for the MDF, not more 
than $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.
    Within available funds, the recommendation provides not 
less than $95,000,000 for Advanced Manufacturing Research and 
Development.
    The Committee provides $28,000,000 for the two Clean Energy 
Manufacturing Innovation Institutes. The Committee is concerned 
that recent efforts to establish a Clean Energy Manufacturing 
Innovation Institute focused on cybersecurity in the 
manufacturing industry will be duplicative of efforts already 
undertaken by Department of Defense manufacturing institutes. 
The Committee directs the Department to coordinate with the 
Department of Defense prior to the award of this institute to 
ensure it is not duplicative of previous or ongoing work 
carried out by the Department of Defense. The Department shall 
provide a briefing to the Committee outlining the unique 
mission and work intended for this institute once the award is 
made but prior to the beginning of operation of the institute.
    The Committee supports the Department's ongoing efforts to 
work on bio-based composites, bio-derived materials, and nano/
microcellulose research.
    The Committee provides $20,000,000 for process-informed 
science, design, and engineering of materials and devices in 
harsh environments, including nuclear environments, and 
$5,000,000 for dynamic catalyst science coupled with data 
analytics.
    Within available funds for the Industrial Technical 
Assistance program, the Committee recommends $12,000,000 to 
provide ongoing support for the Combined Heat and Power (CHP) 
Technical Assistance Partnerships (TAP) and related CHP 
Technical Partnership activities, including $5,000,000 for TAPs 
and $7,000,000 for related CHP activities which includes 
research and development opportunities. The Committee 
recommends $11,000,000 to expand the technical assistance 
provided by the Industrial Assessment Centers.
    The Committee encourages the Department to expand its 
existing voluntary technical assistance initiative to assist 
energy-intensive manufacturing facilities in the United States 
to achieve energy savings and reduce costs. The Department is 
encouraged to prioritize assistance to manufacturing facilities 
that use the most primary energy on an annual basis and to 
ensure a diversity of facilities by geographic region.
    The Committee recognizes the great potential for energy 
savings in water and wastewater treatment systems, which are 
among the country's largest industrial electricity users. The 
Committee appreciates the Department's work on technical 
assistance in this area and provides $5,000,000 to expand the 
technical assistance provided for water and wastewater 
treatment. The Department shall brief the Committee not later 
than 120 days after enactment of this Act on its plan to expand 
technical assistance in this area. In addition, the Committee 
provides $20,000,000 for research and development on 
technologies to achieve energy efficiency of water and 
wastewater treatment plants, including the deployment of 
alternative energy sources, as appropriate.
    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 for the issuance of a competitive solicitation for 
university or industry-led teams to improve the efficiency of 
industrial drying processes and foster new and innovative 
drying technologies.
    The Committee directs the Department to continue its focus 
on manufacturing energy efficiency and electrification to 
support industrial greenhouse emission reductions. The 
Department shall develop decarbonization roadmaps in key 
technology areas to guide research and development at the 
Department to achieve significant, economical greenhouse gas 
emission reductions by 2050, including energy efficiency, 
process electrification, industrial electrification 
technologies, and carbon capture. Roadmaps should be developed 
in consultation with external stakeholders and relevant offices 
within the Department.
    The Committee supports the Department's continued efforts 
to accelerate development of manufacturing processes needed for 
clean energy materials to go from discovery to scale-up with 
the goal of lowering battery energy storage costs and spurring 
job creation.
    The Committee encourages the Department to make 
recommendations on ways to increase the collection and 
recycling rates of aluminum among municipalities and collection 
sites, to include ways to deploy new technologies, educate 
consumers, and demonstrate if increasing collection and 
recycling might offset the costs of recycling other materials.
    Building Technologies.--The Committee directs the 
Department to maintain existing transactive control research 
efforts and provides not less than $30,000,000 for building-
grid integration research and development consistent with a 
transactive energy system and in coordination with the Office 
of Electricity's transactive energy systems program, including 
development of advanced transactive control methodologies and 
field validation and testing in existing buildings. The 
Committee includes not less than $40,000,000 for Commercial 
Buildings Integration, not less than $30,000,000 for 
Residential Buildings Integration, not less than $110,000,000 
for Building Energy Research and Development, 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. The 
Committee encourages that funds for Residential Buildings 
Integration be used for a comprehensive program to successfully 
integrate the results of early-stage research and development 
into U.S. residences to fully deliver innovative energy 
technologies, practices, and information to American consumers 
and companies.
    The Committee includes not less than $55,000,000 for 
Equipment and Buildings Standards, of which not less than 
$10,000,000 is for Building Energy Codes.
    The Committee appreciates the Department's work in mass 
composite timber technology and high-performance building 
insulation and sensor technologies. The Committee recommends 
early stage research and development of technology to impact 
commercial building by developing, building, and evaluating 
cross-laminated timber wall systems with attention to their 
energy content and energy efficiency.
    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 continue 
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 continued 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.
    Not later than 30 days after enactment of this Act, the 
Department shall provide a briefing to the Committee on the 
status of the joint stakeholder proposal for an energy 
efficiency standard for dedicated purpose pool pump motors. The 
briefing shall include a timeline for implementation of the 
recommendations in the joint stakeholder proposal.
    The Committee supports the continued efforts by the 
Building America Program and encourages robust funding for 
these activities.
    Federal Energy Management Program.--Within available funds, 
$2,000,000 is provided to establish a Performance Based 
Contract National Resource Collaborative Initiative to provide 
expertise to state and local governments to facilitate the 
expansion of performance-based contracts nationwide. The 
initiative shall be coordinated with the Office of 
Weatherization and Intergovernmental Programs. The Department 
is directed to provide to the Committee not later than 120 days 
of enactment of this Act a report that includes the types of 
technical and financial expertise the Department is suited to 
provide and an analysis of the available infrastructure work 
that can be accomplished through performance-based contracts 
over a 10-year period and the resources necessary to achieve 
this goal.
    The recommendation provides $2,000,000 for the Department 
to continue its work through the Assisting Federal Facilities 
with Energy Conservation Technologies (AFFECT) program.
    Weatherization and Intergovernmental Programs.--The 
Committee rejects the proposed elimination of the 
Weatherization Assistance Program and provides $290,000,000. 
The Committee directs the Department to ensure a timely 
distribution of Weatherization Assistance Program funds. The 
Committee also encourages the Department to continue its 
oversight of grantees to ensure that funds are dispersed to 
weatherization providers in a timely manner.
    The Committee provides $500,000 for training and technical 
assistance to continue the Sustainable Wastewater 
Infrastructure of the Future Accelerator.
    The Committee believes that community-scale weatherization 
efforts could focus on individual homes or units as part of a 
broader, innovative ``neighborhood'' approach to 
weatherization. The Department is directed to provide to the 
Committee not later than 120 days of enactment of this Act a 
report that analyzes the feasibility of community-scale 
weatherization efforts. The report shall explore if states or 
subgrantees administering weatherization funds are currently 
weatherizing multiple homes as part of an integrated, 
community, or neighborhood approach.
    The Committee notes that the Department and the Department 
of Housing and Urban Development (HUD) have a Memorandum of 
Understanding in place to streamline the weatherization 
eligibility process for residents in publicly-assisted units. 
Further interagency coordination could assist with information 
dissemination that can lead to identification of individuals 
who are eligible for weatherization services. The Department 
shall brief the Committee not later than 120 days after 
enactment of this Act regarding efforts to collaborate with 
partners at the Department of Health and Human Services Low 
Income Home Energy Assistance Program, the HUD Lead Hazard 
Control and Healthy Homes Program, and the Department of 
Veterans Affairs.
    The Committee recognizes that lead exposure is exacerbated 
by outdated windows and window panes. The Committee encourages 
the Department to explore the possibility of including health 
benefits from eliminated lead exposure in the calculation of 
the savings-to-investment ratio and how it will impact the 
program. Similarly, the Department is encouraged to further 
explore how replacing leaded windows with lead free windows can 
be incorporated in the savings-to-investment ratio.
    The Committee rejects the proposed elimination of the State 
Energy Program and provides $70,000,000.

                           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.
    Facilities and Infrastructure.--The Committee supports the 
budget request for planned upgrades to the National Wind Energy 
Technology Center. The Department is encouraged to demonstrate 
a commitment to operations and maintenance of facilities that 
support the Department's critical missions within EERE.
    Program Direction.--The Committee acknowledges that the 
Department is taking steps to hire staff and encourages an 
aggressive strategy to ensure that EERE is appropriately 
staffed to carry out and oversee the funds provided by the 
Committee.

         Cybersecurity, Energy Security, and Emergency Response


 
 
 
Appropriation, 2019...................................      $120,000,000
Budget estimate, 2020.................................       156,500,000
Recommended, 2020.....................................       150,000,000
Comparison:
  Appropriation, 2019.................................       +30,000,000
  Budget estimate, 2020...............................        -6,500,000
 

    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.
    The recommendation includes the proposed movement of the 
energy delivery system testing and analysis laboratory 
initiative from Cybersecurity for Energy Delivery Systems to 
Infrastructure Security and Energy Restoration to 
operationalize the results of the research and development 
initiative.
    The Committee places a high priority on ensuring the 
protection of the grid against cyberattacks and extreme weather 
events caused by climate change. 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.
    Cybersecurity for Energy Delivery Systems.--Within 
available funds, $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. The Committee recommends 
$5,000,000 for the DarkNet project to explore and develop 
opportunities for transitioning the nation's critical 
infrastructure off the internet and shielding the nation's 
electricity infrastructure from disruptive cyber penetration.
    Within available funds, $4,000,000 is provided for 
university-based research and development of scalable cyber-
physical platforms for resilient and secure electric power 
systems that are flexible, modular, self-healing, and 
autonomous.
    The Committee encourages the Department to continue its 
focus on the development of private-sector partnerships to 
secure industrial control systems across multiple critical 
infrastructure entities without duplicating existing private 
sector capabilities. The Committee encourages continued 
investment in collaborative threat detection and intelligence 
partnerships that makes industrial control systems threat 
analytics and data accessible to the greater industrial control 
systems community. The Committee also encourages the Department 
to collaborate with other federal agencies on these efforts to 
ensure they are further contributing to the overall success of 
the federal critical infrastructure security mission.
    Infrastructure Security and Energy Restoration.--Within 
available funds, not less than $14,500,000 is to operationalize 
the results of the energy delivery system testing and analysis 
laboratory initiative, not less than $18,000,000 is for 
preparedness and situational awareness, and not less than 
$5,000,000 is for emergency response and recovery.
    The Department is directed to provide to the Committee a 
report that provides a rationale for establishing any new 
testing capabilities designed to examine the vulnerabilities of 
the energy sector from threats such as electromagnetic pulse 
and geomagnetic disturbances and an inventory of existing 
capabilities that could serve this function. The report shall 
be provided not later than 90 days after enactment of this Act 
and prior to any funds being obligated for the establishment of 
any new testing capabilities.

                              Electricity


 
 
 
Appropriation, 2019...................................      $156,000,000
Budget estimate, 2020.................................       182,500,000
Recommended, 2020.....................................       200,000,000
Comparison:
  Appropriation, 2019.................................       +44,000,000
  Budget estimate, 2020...............................       +17,500,000
 

    The Office of Electricity 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 energy 
technologies are imposing new stresses on the system. This 
program aims to develop a modern power grid by advancing 
resilient power distribution systems, intelligent and high-
efficiency grid components, and energy storage systems.
    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 (GMI). The 
Department is encouraged to include all applied energy programs 
to ensure broad energy system resilience and modernization. 
Further, the Committee supports the Grid Modernization 
Laboratory Consortium and supports continued updates to and 
implementation of the Grid Multi-Year Program Plan to ensure 
coordination across program office investments in foundational 
and program-specific GMI projects. The Committee directs the 
Department to emphasize national energy system resilience 
modeling and improved grid cyber resilience to address emerging 
national resilience challenges of the grid and related energy 
systems, planned investments in energy storage to improve grid 
flexibility and resilience, and advanced sensors and control 
paradigms that promise to improve energy system resilience of 
the future smart grid.
    Transmission Reliability and Resilience.--Within available 
funds, the Committee directs not less than $500,000 for the 
Department to select an appropriate transmission line to be 
outfitted with advanced non-contact sensors to monitor and 
collect data from each conductor and stringing section of the 
target line for 12 months. The Department shall submit to the 
Committee a summary report of the results and benefits that may 
be produced from such transmission line monitoring. The 
Department is further directed to provide to the Committee not 
later than 180 days after enactment of this Act a report 
outlining the barriers and opportunities for technologies that 
provide increased, more efficient, or more effective delivery 
over the existing transmission network. The report should 
examine the reliability, resilience, and economic benefits of 
technologies such as power flow control, topology optimization, 
and dynamic line ratings. The Committee supports advancement of 
the North American Energy Resiliency Model as it was described 
in the Department's briefing to the Committee. If the 
Department proposes any changes to or additional work regarding 
the Model, the Department shall brief the Committee prior to 
taking any action.
    Resilient Distribution Systems.--Within available funds, 
the Committee directs the Department to continue efforts to 
support the integration of sensors into the nation's electric 
distribution systems, fundamental research and field validation 
of microgrid controllers and systems, and transactive energy 
concepts, including studies and evaluations of energy usage 
behavior in response to price signals. The Committee places a 
high priority on addressing the challenges facing the electric 
power grid by developing the innovative technologies, tools, 
and techniques to modernize the distribution portion of the 
electricity delivery system. Resilient Distribution Systems 
pursues strategic investments to improve reliability, 
resilience, outage, recovery, and operational efficiency, 
building upon previous and ongoing grid modernization efforts.
    Energy Storage.--Within available funds, the Department is 
directed to establish a crosscutting program to lower the cost 
of long duration grid-scale energy storage. The program shall 
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. This initiative should leverage the 
energy storage work being conducted within the Offices of 
Science, Energy Efficiency and Renewable Energy, Nuclear 
Energy, and Fossil Energy where appropriate. The Committee 
directs continued support to alternative chemistries including 
flow batteries using earth-abundant materials, continued work 
with industry to support safety, and expanded assistance for 
energy storage field validation and demonstration, with an 
emphasis on renewable generation integration. The 
recommendation includes $3,500,000 to accelerate support for 
low-cost flow batteries that use earth-abundant materials by 
improving materials and designing prototypes for one or more 
field demonstration projects. Within available funds, the 
Committee directs not less than $5,000,000 to establish a grid 
storage launch pad aimed at accelerating materials development, 
testing, and independent evaluation of battery materials and 
battery systems for grid applications. The Department is 
further directed to provide to the Committee not later than 90 
days after enactment of this Act a report that sets 
appropriately aggressive yet achievable cost and performance 
targets, enumerates emerging energy storage applications, and 
outlines a strategy for coordinating and aligning energy 
storage R&D across the Department.
    Transformer Resilience and Advanced Components.--The 
Department is encouraged to continue to support research and 
development for advanced components and grid materials for low-
cost, power flow control devices, including both solid state 
and hybrid concepts that use power electronics to control 
electromagnetic devices and enable improved controllability, 
flexibility, and resiliency.

                             Nuclear Energy


 
 
 
Appropriation, 2019...................................    $1,326,090,000
Budget estimate, 2020.................................       824,000,000
Recommended, 2020.....................................     1,317,808,000
Comparison:
  Appropriation, 2019.................................        -8,282,000
  Budget estimate, 2020...............................      +493,808,000
 

    Nuclear power generates approximately one-fifth of the 
nation's electricity and continues to be an important zero 
carbon-emissions energy source. The Nuclear Energy program 
invests in research, development, and demonstration activities 
that develop the next generation of clean and safe reactors, 
further improve the safety and economic viability 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

    The Committee is concerned about the Department's use of 
flexibility in funds previously provided and has therefore 
included additional control points for fiscal year 2020. The 
Department is directed to submit its fiscal year 2021 budget 
request using this budget structure.
    The fiscal year 2018 Act directed the Department to provide 
the Committee with a report detailing all current programs and 
projects within the Office of Nuclear Energy, whether the 
Department plans to continue to support each program or 
project, and the expected out-year funding through completion 
of the program or project. The Committee is still awaiting this 
report and directs the Department to provide this report not 
later than 30 days after enactment of this Act. The Department 
may provide a briefing in lieu of a report, after consultation 
with the Committee.
    The fiscal year 2018 Act directed the Department to provide 
a report that sets aggressive, but achievable goals to 
demonstrate a variety of private-sector advanced reactor 
designs and fuel types by the late 2020s to the Committee not 
later than 180 days after the enactment of the Act. The 
Committee is still awaiting that report and directs the 
Department to provide the report not later than 90 days after 
enactment of this Act.
    Nuclear Energy University Program.--Since 2009, the 
Department has allocated up to 20 percent of funds appropriated 
to Nuclear Energy Research and Development programs to fund 
university-led R&D and university infrastructure projects 
through an open, competitive solicitation process using 
formally certified peer reviewers. The Department is directed 
to continue this practice and is encouraged to spend not less 
than $40,000,000 for the Nuclear Energy University Program to 
support R&D activities performed at U.S. colleges and 
universities.
    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.
    Nuclear Energy Enabling Technologies.--Within available 
funds, $45,000,000 is for Crosscutting Technology Development, 
of which $10,000,000 is for work on advanced sensors and 
instrumentation, not less than $10,000,000 is for collaboration 
with the Office of Science to accelerate the characterization, 
development, and qualification of advanced materials suitable 
for either high-radiation or heat above 750 Celsius, and 
$10,000,000 is for hybrid integrated energy systems; 
$40,000,000 is for the Nuclear Science User Facilities, of 
which $10,000,000 is for nuclear energy computation system and 
support, $10,000,000 is for the Nuclear Materials Discovery and 
Qualification initiative, and $2,000,000 is for preliminary 
engineering and design of a secure, separate, and shielded 
beamline at the NSLS-II at Brookhaven National Laboratory to 
examine radioactive materials; and $40,000,000 is for Nuclear 
Energy Advanced Modeling and Simulation. The Department is 
encouraged to transfer the analysis previously conducted under 
the Consortium for Advanced Simulation of Light Water Reactors 
innovation hub to the Nuclear Energy Advanced Modeling and 
Simulation program.
    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, of which $10,000,000 is for 
the Joint Use Modular Program; $105,000,000 is for Advanced 
Reactor Technologies, of which $20,000,000 is for a new 
solicitation for at least two new public-private partnerships 
focused on advancing non-light water reactor designs towards 
demonstration phase, $25,000,000 is for MW-scale reactor 
research and development, $34,000,000 is for fuel and graphite 
qualification, and $5,000,000 is to establish the National 
Reactor Innovation Center; and $65,000,000 is for Versatile 
Advanced Test Reactor R&D to pursue conceptual design and other 
activities necessary to achieve Critical Decision-1 (CD-1), 
Alternative Selection and Cost Range. The Department is 
directed to provide the Committee the CD-1 documentation 
immediately following the Department's approval of CD-1 for the 
Versatile Advanced Test Reactor. The Department is encouraged 
to identify ways to reduce the cost and address the timeline of 
the Versatile Advanced Test Reactor, including the potential 
for international collaboration and cost-sharing. In support of 
the current fleet of reactors to ensure safe and reliable 
operations, the Committee includes $55,000,000 for the Light 
Water Reactor Sustainability program, of which $11,000,000 is 
for a for a hydrogen production demonstration.
    Fuel Cycle Research and Development.--Within available 
funds, the recommendation provides $95,000,000 for the Advanced 
Fuels Program, of which not less than $75,600,000 is for 
accident tolerant fuels development. The Committee encourages 
the Department to evaluate accident tolerant fuel irradiation 
testing capability gaps resulting from the closure of the 
Halden reactor. The Committee encourages the Department to 
support safety and security advancements in nuclear fuels even 
beyond accident tolerant and to support small factory-produced 
next-generation reactors designed to use these fuels. Within 
available funds, the recommendation provides $60,000,000 for 
Material Recovery and Waste Form Development, of which at least 
$45,000,000 is for highly enriched uranium recovery to support 
needs for high-assay low enriched uranium for advanced reactor 
fuel. Within available funds, the recommendation provides 
$40,000,000 for Civil Nuclear Enrichment to demonstrate the 
ability to produce high-assay low enriched uranium to support 
the anticipated fuel requirements for new advanced reactor 
designs, as proposed in the budget request.
    The recommendation provides $62,500,000 to continue Used 
Nuclear Fuel Disposition research and development activities. 
The Committee is aware of the Department's ongoing research and 
development efforts regarding the safe transportation of spent 
nuclear fuel and directs the Department to study the behavior 
of spent fuel under transportation conditions and opportunities 
to improve safety of spent fuel rods during transportation.
    The Blue Ribbon Commission on America's Nuclear Future 
observed that ``any comprehensive and forward-looking strategy 
for managing the back end of the nuclear fuel cycle in the 
United States needs to consider the potential impact not only 
of current technology but of further technology advances in the 
decades ahead,'' particularly because ``expanded deployment of 
reprocess and recycle technologies would clearly affect the 
quantity and composition of nuclear material slated for final 
disposition.'' The Committee recognizes that large 
uncertainties exist about the merits and commercial viability 
of different nuclear fuel cycles and technology options, and 
accordingly, the Committee directs the National Academies of 
Sciences, Engineering, and Medicine to evaluate the merits and 
viability of different nuclear fuel cycles and technology 
options, including both existing and future technologies. As 
recommended by the Blue Ribbon Commission, such evaluation must 
``account for linkages among all elements of the fuel cycle 
(including waste transportation, storage, and disposal) and for 
broader safety, security, and non-proliferation concerns.''
    The recommendation provides $47,500,000 for Integrated 
Waste Management Storage, of which $25,000,000 is directed for 
interim storage activities, including the initiation of a 
robust consolidated interim storage program, including site 
preparation activities at stranded sites, to evaluate the re-
initiation of regional transport compacts, and transportation 
coordination.

                      IDAHO FACILITIES MANAGEMENT

    INL Operations and Infrastructure.--Within available funds, 
the recommendation includes $280,000,000 for INL Operations and 
Infrastructure to support the reliability and sustainability of 
the Materials and Fuels Complex (MFC) and the Advanced Test 
Reactor (ATR).
    The Department is directed to brief the Committee not later 
than 60 days after enactment of this Act on the funding levels 
required for operations and maintenance of activities at the 
MFC and ATR. The briefing should include an accounting of how 
funds have been spent for the previous three fiscal years and 
how funds will be spent for the current fiscal year. The 
briefing should also include information for the next four 
fiscal years on the funding levels required for optimal 
operations for each facility and funding levels required for 
multi-year infrastructure improvements.
    The fiscal year 2018 Act directed the Department to provide 
to the Committee not later than 180 days after enactment of the 
Act a list of the current and planned users for the ATR for the 
next three years, the operating cost attributed to each user, 
and the source of funds that will be applied to cover the costs 
for each user. The Committee is still awaiting this report and 
directs the Department to meet this reporting requirement not 
later than 90 days after enactment of this Act.

                 IDAHO SITEWIDE SAFEGUARDS AND SECURITY

    The Committee recommends $137,808,000 for Idaho Sitewide 
Safeguards and Security, the same as the budget request.

                 Fossil Energy Research and Development


 
 
 
Appropriation, 2019...................................      $740,000,000
Budget estimate, 2020.................................       562,000,000
Recommended, 2020.....................................       740,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................      +178,000,000
 

    Fossil energy resources, such as coal, oil, and natural 
gas, generate a significant portion of the nation's electricity 
and will continue to contribute to those 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. The activities funded within this program advance the 
nation's position as a leader in energy technologies and ensure 
the safe, reliable, efficient, and environmentally sound use of 
fossil energy resources.
    Consistent with direction provided in fiscal years 2018 and 
2019, 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.
    Fossil Energy R&D Advisory Committees.--The Department is 
directed to exercise its existing authority to formally solicit 
input and feedback on program direction, research priorities, 
and other matters through the establishment of relevant 
advisory committees. The Department shall brief the Committee 
not later than 90 days after enactment of this Act on the 
status of fossil energy federal advisory committees.

                      COAL--CCS AND POWER SYSTEMS

    Carbon capture, utilization, and storage is a series of 
processes that captures carbon dioxide emissions from sources 
and either reuses or stores it so it will not enter the 
atmosphere. The potential for these technologies is 
considerable, and the use of these technologies will decrease 
the costs for mitigating climate change in addition to 
deploying clean energy and energy efficient technologies.
    The Committee supports the integrated carbon and energy 
management activities of the Offices of Nuclear Energy and 
Energy Efficiency and Renewable Energy and provides $5,000,000 
for Hybrid Carbon Conversion activities within Fossil Energy.
    The Committee encourages the Department to continue to 
support the Clean Energy Research Consortium: Advanced Coal 
Technology Consortium program.
    The Committee acknowledges the economic and environmental 
benefits that could be produced by expanding the scope of 
carbon capture and carbon utilization research to a wider range 
of sources. The Department is directed to provide to the 
Committee not later than 90 days after enactment of this Act an 
implementation plan, in coordination with the Office of Science 
and Bioenergy Technologies Office, that responds to the 
recommendations of the National Academies studies ``Negative 
Emissions Technologies and Reliable Sequestration: A Research 
Agenda'' and ``Gaseous Carbon Waste Streams Utilization: Status 
and Research Needs.'' The implementation plan should include 
recommendations for program structures that could best support 
and maximize the impact of expanded research, development, and 
demonstration efforts in three areas: decarbonization of the 
industrial sector, direct air capture, and carbon use.
    Carbon Capture.--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. The Department is directed to 
use funds within Carbon Capture for research and development 
across a broad range of technology and fuel applications as it 
determines to be merited. Within available funds, not less than 
$7,000,000 is for carbon capture research that benefits natural 
gas power systems. Within available funds, the Committee 
recommends $4,000,000 for research and optimization of carbon 
capture technologies for use at industrial facilities, which 
may include developments in process equipment and chemistry, 
capture of process emissions, and systems integration. The 
Committee recommends not less than $10,000,000 for research, 
development, and demonstration projects that benefit direct air 
capture technologies, which capture carbon dioxide from dilute 
sources at a significant scale, in coordination with the 
Bioenergy Technologies Office.
    Carbon Storage.--Within available funds, the Committee 
recommends $30,000,000 for Carbon Use and Reuse for research 
and development activities to support valuable and innovative 
uses of captured carbon, including biological utilization by 
the conversion of carbon dioxide to higher-value products such 
as chemicals, plastics, building materials, curing for cement, 
and the integration of carbon utilization technologies with 
fossil fuel power plants, such as biological conversion 
systems. The recommendation includes $6,000,000 for a 
competitive solicitation to conduct tests of technologies for 
carbon dioxide absorption integrated with algae systems for 
capturing and re-using carbon dioxide to produce renewable 
materials, giving priority for teams with university 
participants.
    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 
carbon dioxide and other 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 fiscal year 2019 Act 
directed the Department to provide an update on the status of 
the Solid Oxide Fuel Cell Program by submitting a report to the 
Committee not later than 180 days after enactment of the Act. 
The Committee looks forward to receiving the report 
expeditiously.
    Within available funds, the Committee recommends 
$30,000,000 for Advanced Turbines. 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.
    Within available funds, the Department is directed to 
support research and development activities that focus on 
expanding the Department's external agency activities to 
develop and test advanced concept coal to liquid fuels 
technologies. Within available funds, the Department is 
directed to conduct early-stage research and development to 
enable the conversion of coal pitch and coal to carbon fiber 
and other value-added carbon products for alternative advanced 
uses of coal.
    Cross Cutting Research.--Within available funds, the 
recommendation includes $40,000,000 for materials R&D, 
including $21,000,000 for the Advanced Ultrasupercritical 
Program to fabricate, qualify, and develop domestic suppliers 
capable of producing components from high temperature 
materials; water management R&D and sensors and controls. 
Within available funds, the recommendation includes $23,000,000 
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.
     NETL Coal Research and Development.--The recommendation 
includes the budget request's proposal to move the Critical 
Materials Initiative to Cross Cutting Research.
    Supercritical Transformational Electric Power (STEP) 
Generation.--Within available funds, the recommendation 
provides not more than $9,800,000, consistent with the original 
scope of work, to complete the necessary design and 
construction of the 10-MW pilot and to conduct the necessary 
testing for the facility. The recommendation provides 
additional funds for competitively-awarded research and 
development activities, coordinated with the Offices of Nuclear 
Energy and Energy Efficiency and Renewable Energy, to advance 
the use of supercritical power cycles.

                        NATURAL GAS TECHNOLOGIES

    Research.--Within available funds, the recommendation 
provides $15,000,000 for Environmentally Prudent Development, 
including $7,000,000 for the Risk Based Data Management System.
    Within available funds, the recommendation provides 
$15,000,000 for Emissions Mitigation from Midstream 
Infrastructure and $7,000,000 for Emissions Quantification from 
Natural Gas Infrastructure. The Department is encouraged to 
explore technologies that curtail methane gas emissions from 
flaring and venting in shale formations. The Department is 
directed to provide to the Committee not later than 60 days 
after enactment of this Act a report on its efforts in this 
area. The Committee encourages coordination with industry and 
the Pipeline and Hazardous Materials Safety Administration on 
methane leak detection technology development. The Committee 
remains supportive of investment in smart pipeline sensors and 
controls, internal pipeline inspection and repair, and 
composite and advanced material science technologies. The 
Committee encourages the Department to consider expanded use of 
gas pressure monitoring, both real time and hourly, in 
distribution systems to improve system integrity and safety. 
Further deployments of methane detection sensors closer to the 
consumer would add to overall safety.
    Within available funds, the Department is encouraged to 
coordinate with other federal agencies and states to maximize 
the benefits of U.S. unconventional natural gas liquids 
production.
    Within available funds, the Committee encourages the 
Department to perform methane hydrate research as recommended 
in the 2016 Secretary of Energy Advisory Board Report of the 
Task Force on Methane Hydrates.
    Within available funds, the Committee encourages the 
Department to advance research and technology development 
opportunities between universities, industry, and the national 
laboratories to develop novel engineered systems that convert 
light hydrocarbons derived from shale gas and oil to more 
valuable compounds for use as fuels, chemical intermediaries, 
and other products.

               UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES

    The Committee recognizes the Department's continued 
investment into research and development on unconventional 
fossil energy technologies, including research that develops 
improved enhanced recovery technologies.
    The Committee recognizes the need to foster the 
sustainability of the petroleum engineering workforce. The 
Department is directed to provide to the Committee not later 
than 60 days after enactment of this Act a report that outlines 
the Department's efforts to maintain a stable petroleum 
engineering workforce and knowledge base and future activities 
the Department can undertake to strengthen it.
    The Committee is pleased with the Department's progress to 
date on studying the volatility of crude oil from varying 
locations, including 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. The Committee directs the Department 
to provide briefings after the completion of each research task 
to the Committee on the findings from the research and 
necessity for any additional research tasks.

                          NETL INFRASTRUCTURE

    Within available funds, the recommendation provides 
$6,000,000 for NETL's Supercomputer, Joule.

                 Naval Petroleum and Oil Shale Reserves


 
 
 
Appropriation, 2019...................................       $10,000,000
Budget estimate, 2020.................................        14,000,000
Recommended, 2020.....................................        14,000,000
Comparison:
  Appropriation, 2019.................................        +4,000,000
  Budget estimate, 2020...............................             - - -
 

    The Naval Petroleum and Oil Shale Reserves no longer serve 
the national defense purpose envisioned in the early 1900s, 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, 2019...................................      $235,000,000
Budget estimate, 2020.................................       174,000,000
Recommended, 2020.....................................       214,000,000
Comparison:
  Appropriation, 2019.................................       -21,000,000
  Budget estimate, 2020...............................       +40,000,000
 

    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 United States 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.
    No funding is requested for the establishment of a new 
regional petroleum product reserve, and no funding is provided 
for this purpose. Further, the Department may not establish any 
new regional petroleum product reserves unless funding for such 
a proposed regional petroleum product reserve is explicitly 
requested in advance in an annual budget submission and 
approved by Congress in an appropriations Act.

                         SPR Petroleum Account


 
 
 
Appropriation, 2019...................................       $10,000,000
Budget estimate, 2020.................................       -69,000,000
Recommended, 2020.....................................        10,200,000
Comparison:
  Appropriation, 2019.................................          +200,000
  Budget estimate, 2020...............................       +79,200,000
 

    The SPR Petroleum Account funds Strategic Petroleum Reserve 
acquisition, transportation, and drawdown activities. The 
budget request proposes to draw down and sell one million 
barrels of SPR refined petroleum product and to retain a 
portion of the proceeds 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, 2019...................................       $10,000,000
Budget estimate, 2020.................................       -90,000,000
Recommended, 2020.....................................        10,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................      +100,000,000
 

    The acquisition and storage of heating oil for the 
Northeast began in August 2000 when the Department, 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.
    The Committee rejects the proposed elimination of this 
reserve and instead provides $10,000,000 to maintain the 
reserve.

                   Energy Information Administration


 
 
 
Appropriation, 2019...................................      $125,000,000
Budget estimate, 2020.................................       118,000,000
Recommended, 2020.....................................       128,000,000
Comparison:
  Appropriation, 2019.................................        +3,000,000
  Budget estimate, 2020...............................       +10,000,000
 

    The Energy Information Administration is a quasi-
independent agency within the Department 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.

                   Non-Defense Environmental Cleanup


 
 
 
Appropriation, 2019...................................      $310,000,000
Budget estimate, 2020.................................       247,480,000
Recommended, 2020.....................................       308,000,000
Comparison:
  Appropriation, 2019.................................        -2,000,000
  Budget estimate, 2020...............................       +60,520,000
 

    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.
    Small Sites.--The Committee encourages the Department to 
continue to move forward expeditiously on remediation of 
contaminated soil in Area IV and the Northern Buffer Zone of 
the Santa Susana Field Laboratory. The Department is directed 
to comply with the 2007 Consent Order and the 2010 
Administrative Order on Consent unless alternate arrangements 
are agreed to by both parties.
    The Department is directed to provide to the Committee not 
later than 180 days after enactment of this Act a report that 
identifies government-operated uranium processing mill sites 
and whether remediation has been completed. Further, the report 
shall analyze publicly available information to identify long-
term health impacts, particularly cancer, due to the operation 
of the mills.

      Uranium Enrichment Decontamination and Decommissioning Fund


 
 
 
Appropriation, 2019...................................      $841,129,000
Budget estimate, 2020.................................       715,112,000
Recommended, 2020.....................................       873,479,000
Comparison:
  Appropriation, 2019.................................       +32,350,000
  Budget estimate, 2020...............................      +158,367,000
 

    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 $60,000,000 above 
the budget request which is equivalent to the amount of 
proceeds that the Department planned to generate through 
bartering arrangements in order to fund additional cleanup in 
fiscal year 2020. After the date of enactment of this Act, the 
Department shall not barter, transfer, or sell uranium for the 
remainder of fiscal year 2020 in order to generate additional 
funding for Portsmouth cleanup that is in excess of the amount 
of funding provided in this Act. The Committee encourages the 
continued efforts to develop a remotely operated method of 
assay for measuring uranium enrichment residues.

                                Science


 
 
 
Appropriation, 2019...................................    $6,585,000,000
Budget estimate, 2020.................................     5,545,972,000
Recommended, 2020.....................................     6,870,000,000
Comparison:
  Appropriation, 2019.................................      +285,000,000
  Budget estimate, 2020...............................    +1,324,028,000
 

    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. This basic science 
research is crucial to enabling the nation to continue 
developing transformational energy technologies and to position 
itself to seize economic opportunities in the global energy 
markets of the future. The Office of Science is the nation's 
largest supporter of basic research in the physical sciences.
    The Office of Science includes the following programs: 
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 2020, 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.
    Collaborative research efforts between the Department and 
the National Institutes of Health (NIH) are developing 
breakthroughs in health research, including drug discovery, 
brain research, diagnostic technologies, imaging, and other 
biomedical research areas. The Department is encouraged to 
expand its relationships with NIH in order to work together 
more strategically to leverage the Department's research 
capabilities, including instrumentation, materials, modeling 
and simulation, and data science. The facilities and equipment 
funded in this Act support application in many areas of 
biomedical research. The Department is directed to provide to 
the Committee not later than 90 days after enactment of this 
Act a plan that responds to the findings and recommendations in 
the Final Report of the Secretary of Energy Advisory Board Task 
Force on Biomedical Sciences. The plan shall include a 
reporting of successful collaborations between the Department 
and NIH to date and plans to expand on these efforts.
    The Committee directs the Department to evaluate methods to 
educate new and existing minority and women-owned small 
businesses about SBIR and STTR grants. The fiscal year 2019 Act 
directed the Department to provide current and planned outreach 
efforts in this area by submitting a report to the Committee 
not later than 180 days after enactment of the Act. The 
Committee looks forward to receiving the report expeditiously. 
The Committee encourages the Department to consider the 
creation of regional technical support centers as needed to 
assist newly-forming and existing minority and women-owned 
small businesses to secure a more proportional share of SBIR 
and STTR grants.
    The Committee supports the Office of Science's coordinated 
and focused research program in quantum information science and 
technology. This emerging field of science promises to yield 
revolutionary new approaches to computing, sensing, and 
communication. The recommendation includes funding for quantum 
information science research and establishment of National 
Quantum Information Science Research Centers.
    The Committee appreciates the Department's focus on the 
development of foundational Artificial Intelligence and Machine 
Learning capabilities, and the Committee directs the Department 
to apply those capabilities to the Department's mission.

                 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 
$188,735,000 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 National Laboratory and Oak 
Ridge National Laboratory and of the High Performance 
Production Computing capabilities at Lawrence Berkeley National 
Laboratory. The recommendation includes $150,000,000 for the 
Argonne Leadership Computing Facility, $225,000,000 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 $90,000,000 to support 
necessary infrastructure upgrades and operations for ESnet.
    Mathematical, Computational, and Computer Sciences 
Research.--The Committee notes the importance of a strong 
research program in applied and computational mathematics to 
the Department's mission. Maintaining international leadership 
in high performance computing requires a long-term and 
sustained commitment to basic research in computing and 
computational sciences, including applied math, software 
development, networking science, and computing competency among 
scientific fields. Within available funds, the recommendation 
includes not less than $155,000,000 for Mathematical, 
Computational, and Computer Sciences Research.
    Within available funds, the recommendation includes up to 
$15,000,000 for research in memory advancements for accelerated 
architectures used to enhance Artificial Intelligence and 
Machine Learning.

                         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, not less than $15,000,000 for the Fuels from 
Sunlight Innovation Hub, $139,000,000 for facilities operations 
of the nanoscience research centers, $520,000,000 for 
facilities operations of the nation's light sources, 
$285,000,000 for facilities operations of the high flux neutron 
sources, $25,000,000 for the Experimental Program to Stimulate 
Competitive Research, and $120,000,000 for the Energy Frontier 
Research Centers.
    Within funds for operations of the nation's light sources, 
the Department is encouraged to invest in capital improvements 
at all of the light sources. It is imperative that these 
facilities continue to provide users with state-of-the-art 
capabilities to ensure U.S. science leadership and innovation.
    The recommendation includes $5,000,000 for NSRC 
Recapitalization and $5,000,000 for NSLS-II Experimental Tools-
II.

                 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 recommendation includes $381,000,000 for Biological 
Systems Science. The recommendation provides $100,000,000 for 
the Bioenergy Research Centers.
    The Committee supports the Department's efforts to build 
programmatic bridges and leverage its resources among 
biological, earth, and environmental science programs to 
facilitate the seamless quantification and prediction of 
biological-environmental interactions from molecular to 
ecosystem scales. The Committee encourages the Department to 
expand its growing focus on the science of biology-based 
products to advance critical mission needs and to maintain 
international leadership. The Committee continues to support 
the Department's establishment of a national microbiome 
database collaborative and provides $10,000,000 for microbiome 
research initiatives, including development and operation of 
the microbiome database.
    The Committee directs the Department to give priority to 
optimizing the operation of BER user facilities.
    The Committee continues to support the Department's funding 
for colleges and universities to examine and evaluate earth 
system models and validate their ability to reproduce earth 
systems. The Committee is aware of limitations in the ability 
to understand and predict earth systems behavior posed by 
uncertainties in interactions between clouds, aerosols, and 
climate, an area of research highlighted as a priority by the 
National Climate Assessment with implications for weather 
prediction, infrastructure planning, and national security. 
Reducing uncertainty in understanding cloud-aerosol effects 
requires investment in modeling and computing. The 
recommendation provides $15,000,000 for cloud-aerosol research 
and computing.
    The Committee supports the Department's efforts to advance 
the understanding of coastal ecosystems, as initiated with the 
terrestrial-aquatic interfaces pilot in fiscal year 2019. The 
recommendations provides $20,000,000 to build upon the current 
modeling-focused effort and to develop observational assets and 
associated research to study the nation's major land-water 
interfaces, including the Great Lakes, by leveraging national 
laboratories' assets as well as local infrastructure and 
expertise at universities and other research institutions.
    The recommendation includes not more than $10,000,000 to 
restart the Department's Low-Dose Radiation Program.
    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.--Within available funds, the recommendation 
provides $20,000,000 for High Energy Density Laboratory 
Plasmas, including activities for LaserNetUS.
    Within available funds, the recommendation includes 
$4,000,000 for the Department to create a Fusion Public-Private 
Partnership Program to advance new U.S.-based fusion 
capabilities. The Department is directed to brief the Committee 
not later than 90 days after enactment of this Act on this 
program's technical objectives, eligibility requirements, and 
funding profile in future fiscal years. The Department is 
reminded that all activities within this program must be basic 
research and development.
    The recommendation includes $21,000,000 for the Materials 
Plasma Exposure eXperiment.
    Construction.--The Committee recommends $230,000,000 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 $25,000,000 for the Sanford Underground Research 
Facility, not less than $50,000,000 for Accelerator R&D, and 
$97,975,000 for the HL-LHC Upgrade Projects.
    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. The 
Committee encourages the Department to fund facility operations 
at levels for optimal operations.

                            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 Electron Ion Collider 
R&D.
    The Department is directed to give priority to optimizing 
operations within Medium Energy Nuclear Physics and at the 
Facility for Rare Isotope Beams.
    Within available funds, the recommendation provides 
$10,200,000 for the Gamma-Ray Energy Tracking Array, $9,520,000 
for the Super Pioneering High Energy Nuclear Interaction 
Experiment, and not less than $2,500,000 for MOLLER.

           WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS

    The Workforce Development for Teachers and Scientists 
program ensures that the nation has the sustained pipeline of 
science, technology, engineering, and mathematics (STEM) 
workers to meet national goals and objectives.
    The Committee recommends $25,000,000 for Workforce 
Development for Teachers and Scientists. Within available 
funds, the Committee recommends not less than $12,000,000 for 
the Science Undergraduate Laboratory Internship and not less 
than $1,500,000 for the Community College Institute of Science 
and Technology. Within available funds, the Committee 
recommends not less than $600,000 for outreach activities for 
the Department to widely publicize its opportunities and 
diversify the applicant pool, with an emphasis on targeted 
recruitment of individuals traditionally underrepresented in 
STEM.
    The Committee recognizes and supports the Department's 
efforts, particularly through the national laboratories' 
scientists and engineers, to engage in a broad range of 
activities with K-12 STEM educators and students to help 
inspire and train the next generation of STEM students and 
professionals.

                  SCIENCE LABORATORIES INFRASTRUCTURE

    The Science Laboratories Infrastructure program sustains 
mission-ready infrastructure and safe and environmentally-
responsible operations by providing the infrastructure 
improvements necessary to support leading edge research by the 
Department's national laboratories.
    The recommendation includes funding to complete the land 
and facilities acquisition for the Pacific Northwest National 
Laboratory, and the Committee encourages the Department to 
complete these purchases in fiscal year 2020.

               Advanced Research Projects Agency--Energy


 
 
 
Appropriation, 2019...................................      $366,000,000
Budget estimate, 2020.................................      -287,000,000
Recommended, 2020.....................................       425,000,000
Comparison:
  Appropriation, 2019.................................       +59,000,000
  Budget estimate, 2020...............................      +712,000,000
 

    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, environmental, and energy security 
challenges. The technology breakthroughs funded by ARPA-E are 
already having commercial impact. Technologies resulting from 
ARPA-E have received billions of dollars in private-sector 
funding to continue to advance those technologies toward the 
marketplace. 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 Committee strongly rejects the short-sighted proposal 
to terminate ARPA-E. Instead, the Committee increases 
investment in this transformational program and directs the 
Department to continue to spend funds provided on research and 
development and program direction. The Department shall not use 
any appropriated funds to plan or execute the termination of 
ARPA-E. The Department is directed to disburse funds 
appropriated for ARPA-E on eligible projects within a 
reasonable time period.

         Title 17 Innovative Technology Loan Guarantee Program


                        ADMINISTRATIVE EXPENSES


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2019...................................       $33,000,000
Budget estimate, 2020.................................         3,000,000
Recommended, 2020.....................................        33,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................       +30,000,000
 

                         OFFSETTING COLLECTIONS

 
 
 
Appropriation, 2019...................................      -$15,000,000
Budget estimate, 2020.................................        -3,000,000
Recommended, 2020.....................................        -3,000,000
Comparison:
  Appropriation, 2019.................................       +12,000,000
  Budget estimate, 2020...............................             - - -
 

                     RESCISSIONS AND CANCELLATIONS

 
 
 
Appropriation, 2019...................................           $ - - -
Budget estimate, 2020.................................      -384,659,000
Recommended, 2020.....................................             - - -
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................      +384,659,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2019...................................       $18,000,000
Budget estimate, 2020.................................      -384,659,000
Recommended, 2020.....................................        30,000,000
Comparison:
  Appropriation, 2019.................................       +12,000,000
  Budget estimate, 2020...............................      +414,659,000
 

    The Committee rejects the budget proposal to use prior-year 
balances to cover administrative expenses and the proposed 
rescission of credit subsidy and cancellation of commitment 
authority appropriated by P.L. 112-10 and P.L. 111-5.
    The Committee recommends $33,000,000 in administrative 
expenses for the Loan Guarantee Program, an increase of 
$30,000,000 above the budget request. The recommendation is 
offset by $3,000,000 in collections from loan guarantee 
applicants, for a net appropriation of $30,000,000. No funds 
recommended under this heading may be used to plan, develop, 
implement, or pursue the elimination of the Title 17 Innovative 
Technologies Program.

        Advanced Technology Vehicles Manufacturing Loan Program


 
 
 
Appropriation, 2019...................................        $5,000,000
Budget estimate, 2020.................................             - - -
Recommended, 2020.....................................         5,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................        +5,000,000
 

    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 Committee rejects the budget proposal to 
eliminate the Advanced Vehicles Manufacturing Program and 
provides $5,000,000. The Committee also rejects the budget 
proposal to rescind $4,300,000,000 in emergency funds 
appropriated by P.L. 110-329. Further, the Committee directs 
the Department to expeditiously evaluate and adjudicate all 
loan applications received.

                  Tribal Energy Loan Guarantee Program


 
 
 
Appropriation, 2019...................................        $1,000,000
Budget estimate, 2020.................................        -8,500,000
Recommended, 2020.....................................         1,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................        +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 Committee rejects the budget proposal to 
eliminate this program and provides $1,000,000. The Committee 
also rejects the budget proposal to rescind $8,500,000 
appropriated by P.L. 115-31.

              Office of Indian Energy Policy and Programs


 
 
 
Appropriation, 2019...................................       $18,000,000
Budget estimate, 2020.................................         8,000,000
Recommended, 2020.....................................        25,000,000
Comparison:
  Appropriation, 2019.................................        +7,000,000
  Budget estimate, 2020...............................       +17,000,000
 

    The Energy Policy Act of 2005 established the Office of 
Indian Energy and Policy Programs. The Office of Indian Energy 
provides technical assistance, direct and remote education, 
policy research and analysis, and financial assistance to 
Indian tribes, Alaska Native Village and Regional corporations, 
and Tribal Energy Resource Development Organizations.

                      Departmental Administration


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2019...................................      $261,858,000
Budget estimate, 2020.................................       210,923,000
Recommended, 2020.....................................       264,378,000
Comparison:
  Appropriation, 2019.................................        +2,520,000
  Budget estimate, 2020...............................       +53,455,000
 

                                REVENUES

 
 
 
Appropriation, 2019...................................      -$96,000,000
Budget estimate, 2020.................................       -93,378,000
Recommended, 2020.....................................       -93,378,000
Comparison:
  Appropriation, 2019.................................        +2,622,000
  Budget estimate, 2020...............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2019...................................      $165,858,000
Budget estimate, 2020.................................       117,545,000
Recommended, 2020.....................................       171,000,000
Comparison:
  Appropriation, 2019.................................        +5,142,000
  Budget estimate, 2020...............................       +53,455,000
 

    Funding recommended for Departmental Administration 
provides for general management and program support functions 
benefiting all elements of the Department, 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 seven reprogramming control points in this account to 
provide flexibility in the management of support functions. The 
Committee rejects the budget proposal to create a new account 
for the Office of International Affairs and instead has 
included it as a reprogramming control point within this 
account. 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, 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.
    Economic Impact and Diversity.--The recommendation includes 
$10,169,000 for Economic Impact and Diversity, the same as 
fiscal year 2019 and $675,000 above the budget request.
    Chief Information Officer.--The recommendation includes 
$131,874,000. Within available funds, $250,000 is provided for 
implementation of the 21st Century Integrated Digital 
Experience Act. The Committee notes that CyberOne activities 
have been consolidated within the Office of the Chief 
Information Officer but notes the budget proposes to reduce 
funding for cybersecurity activities by $18,646,000, or 26 
percent. At a time when cyber threats to the Department's 
facilities, sites, and national laboratories are increasing, 
this proposed decrease is very concerning. Within this amount, 
not less than $71,500,000 shall be for cybersecurity and secure 
information.
    International Affairs.--Within available funds, the 
recommendation includes $2,000,000 for the Israel Binational 
Industrial Research and Development (BIRD) Foundation and 
$4,000,000 for the U.S.-Israel Center of Excellence in Energy, 
Engineering and Water Technology. The Committee rejects the 
budget proposal to move the international functions of the 
Office of Fossil Energy and the Office of Nuclear Energy into 
the Office of International Affairs and provides no funds for 
this purpose. The recommendation includes $28,000,000 for 
international affairs activities, a significant increase over 
fiscal year 2019, and the Department shall brief the Committee 
within 90 days of enactment of this Act on the Department's 
plan to spend these funds. The Committee is supportive of the 
Department's work in energy cooperation with Ukraine, including 
providing technical assistance in developing winter action 
plans and the current effort to assist with a national energy 
resiliency plan, and the Committee encourages additional work 
in areas of importance to both countries.
    Other Departmental Administration.--The recommendation 
provides $500,000 above the budget request for the Chief Human 
Capital Officer.
    The recommendation provides $5,000,000 above the budget 
request for the Office of Technology Transitions for a 
competitive funding opportunity for incubators supporting 
energy innovation clusters. These incubators should have the 
support of state, regional, and local entities. The Department 
is directed to provide within 120 days of awarding funds a 
report on the impact these incubators have on job creation and 
workforce development, including in low-income communities and 
under-represented entrepreneurs.
    The Committee directs the Department to provide to the 
Committee not later than 180 days after enactment of this Act a 
report on the value of creating a nonprofit foundation that 
will better promote the transfer of technology to the market 
place. The report should include a review and characterization 
of other federal agency's foundations with detail on how 
agency's foundations engage with the private sector to raise 
funds that support the research, development, demonstration, 
and commercial application of innovative technologies.
    Energy and Employment Report.--The recommendation provides 
an additional $2,000,000 for the Office of Policy to complete a 
U.S. energy employment report that includes a comprehensive 
statistical survey to collect data, publish the data, and 
provide a summary report. The information collected shall 
include data relating to employment figures and demographics in 
the U.S. energy sector using methodology approved by the Office 
of Management and Budget in 2016.
    Real Property.--The Department is reminded of its authority 
to transfer excess personal property and equipment to DOE-
designated Community Reuse Organizations in order to promote 
economic diversification and job creation in communities where 
the Department's sites are located and is encouraged to ensure 
that relevant agency employees throughout the Department are 
aware of current policies to implement this authority.

                    Office of the Inspector General


 
 
 
Appropriation, 2019...................................       $51,330,000
Budget estimate, 2020.................................        54,215,000
Recommended, 2020.....................................        54,215,000
Comparison:
  Appropriation, 2019.................................        +2,885,000
  Budget estimate, 2020...............................             - - -
 

    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 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 and Other Defense Activities. 
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, nuclear 
nonproliferation activities, and naval reactors.
    The recommendation includes $15,894,281,000 for the NNSA, 
$665,663,000 above fiscal year 2019.

                           Weapons Activities


 
 
 
Appropriation, 2019...................................   $11,100,000,000
Budget estimate, 2020.................................    12,408,603,000
Recommended, 2020.....................................    11,760,800,000
Comparison:
  Appropriation, 2019.................................      +660,800,000
  Budget estimate, 2020...............................      -647,803,000
 

    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, 
Test, and Evaluation; Infrastructure and Operations; and 
Security.
    Production Strategy, Planning, and Execution.--The 
Committee supports the NNSA's efforts to create a specific 
office responsible for coordinating production activities 
across the nuclear security enterprise, including field offices 
and between the design and production elements. It is the 
Committee's understanding that this effort will assist the NNSA 
in meeting production milestones in a safe, cost-effective, and 
timely manner.

                        DIRECTED STOCKPILE WORK

    Directed Stockpile Work includes all activities that 
directly support weapons in the nuclear stockpile, including 
maintenance, refurbishment, research, development, engineering, 
certification, dismantlement, and disposal activities. The 
Committee recommends $5,019,438,000 for Directed Stockpile 
Work, $361,172,000 above fiscal year 2019. The recommendation 
does not include funding for activities associated with a sea-
launched cruise missile study or extending the B83 beyond its 
originally planned retirement.
    Peer Review and Competition.--The design, development, 
qualification, and fabrication of non-nuclear components and 
subsystems used in the stockpile amounts to more than half the 
cost of each life extension program. Given that non-nuclear 
components are deployed across multiple life extension 
programs, the Committee directs the NNSA to undertake external 
peer review of non-nuclear component reliability, re-use, 
producibility, and cost for weapon refurbishments. The NNSA is 
further directed to brief the Committee not later than 90 days 
after enactment of this Act on the agency's plan to meet this 
requirement.
    Life Extension Programs.--The recommendation provides 
funding for the NNSA's life extension programs including 
ongoing refurbishments of the B61, W88, and W80 systems. The 
Committee expects the NNSA to keep the Committee apprised of 
the status of the B61-12 and W88 Alteration as those systems 
enter a critical phase of the refurbishment process.
    W87-1 Modification Program.--The NNSA is proposing to 
replace the W78 warhead with a refurbished W87-1, however, the 
NNSA has not provided the Committee with the results of the 
review by the Office of Cost Estimating and Program Evaluation 
(CEPE) and other reporting requirements as directed by the 
fiscal year 2019 Act. The NNSA is directed to provide in full 
these reporting requirements not later than 30 days after 
enactment of this Act. Further, the Committee is concerned with 
the initial projected cost and feasibility of the program which 
will largely be influenced by options concerning surety, 
technology maturation, and the design, qualification, and 
production of new components. To ensure the NNSA is considering 
cost, feasibility, and risk management associated with such 
options appropriately, prior to entering Phase 6.2A, the 
Committee directs the NNSA to enter into an agreement with the 
JASON Defense Advisory Panel or an FFRDC with expertise in 
assessing cost and technologies for national security programs 
to conduct an assessment. The assessment shall review the cost 
of components and technologies being considered and describe 
pathways to improve management of component and technology 
design, qualification, and production risks. The assessment 
shall also describe opportunities for component and technology 
re-use and the impact on cost and feasibility for application 
within a ballistic system. Further, the assessment shall be 
submitted to the Committee not later than 120 days after 
enactment of this Act in an unclassified form, but may include 
a classified annex.
    Plutonium.--The Committee notes the NNSA has not provided 
the current cost, scope, and schedule to meet plutonium mission 
needs as directed in the fiscal year 2019 Act and directs the 
NNSA to promptly provide this information to the Committee not 
later than 30 days after enactment of this Act. The 
recommendation moves funding and scope for the PF-4 Equipment 
Installation and Phase 2 and Recategorization of RLUOB to 
Hazard Category subprojects to the Chemistry and Metallurgy 
Research Replacement (CMRR) Project. The Committee expects the 
NNSA to adhere to program and project management best practices 
and directs the NNSA to provide the Committee with quarterly 
program and project execution updates. The Committee further 
directs the NNSA to provide to the Committee not later than 90 
days after enactment of this Act an updated project data sheet 
and to include an updated version in the fiscal year 2021 
budget request. The Committee expects the NNSA to conduct 
planned capital improvements and equipment installations using 
NNSA program management policies and program execution 
instructions or comparable requirements. The NNSA shall include 
a separate line item for pit production activities at the 
Savannah River Site in the fiscal year 2021 budget request and 
shall transition the proposed project to the DOE Order 413.3B 
framework in an expeditious manner. The Committee directs the 
Comptroller General to monitor NNSA's progress on these efforts 
at a schedule to be determined in consultation with the 
Committee.
    Comprehensive Beryllium Strategy.--Beryllium has been 
labeled a critical mineral by the United States Geological 
Survey and is of importance to the nuclear deterrent. The 
Committee understands that NNSA is currently assessing 
infrastructure strategies to sustain precision beryllium 
machining capabilities and the availability of a domestic oxide 
production source. Not less than $2,000,000 shall be available 
for this activity and not later than 120 days after enactment 
of this act, the NNSA shall provide a briefing to the Committee 
on the status of this effort.

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

    The NNSA's Research, Development, Test, and Evaluation 
(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. 
The Committee recommends $2,283,324,000 for RDT&E, $269,106,000 
above fiscal year 2019.
    Academic Alliances and Partnerships.--Within Academic 
Alliances and Partnerships, not less than $25,000,000 shall be 
for the Minority Serving Institution Partnership Program, of 
which not less than $2,500,000 shall be for Tribal Colleges and 
Universities. The Committee supports continued partnerships and 
collaboration between universities and the NNSA's national 
laboratories and sites. Further, the Committee encourages the 
NNSA to assess opportunities to develop a cooperative education 
pilot initiative focused on workforce readiness in disciplines 
such as materials science, manufacturing, and engineering. The 
NNSA shall brief the Committee not later than 120 days after 
enactment of this Act on potential opportunities for such a 
pilot initiative.
    Enhanced Capabilities for Subcritical Experiments.--The 
recommendation includes full funding at the budget request 
level. The Committee supports this activity as a critical 
element of the science-based stockpile stewardship program.
    Inertial Confinement Fusion (ICF) and High Yield.--The 
recommendation provides $565,000,000, $20,000,000 above the 
fiscal year 2019 level. Within the ICF program, the 
recommendation includes $344,000,000 for the National Ignition 
Facility, $66,900,000 for the Z Facility, and not less than 
$80,000,000 for the OMEGA Laser Facility. The recommendation 
includes additional funding to offset the cost of target 
fabrication.
    The Committee notes that the NNSA has undertaken an 
internal review regarding the status of ignition within the ICF 
program, however, the Committee believes it is necessary for an 
independent, comprehensive review to assess the prospects of 
achieving ignition for stockpile stewardship. The Committee 
directs the NNSA to charge the JASON Defense Advisory Panel to 
conduct an independent review of the ICF program's pursuit of 
ignition for stockpile stewardship. The review shall assess the 
value and effectiveness of ignition science activities needed 
to maintain a safe, secure, and effective nuclear stockpile and 
as a pipeline to recruit highly skilled expertise. If it is 
determined that ignition science activities are necessary to 
maintain the nuclear stockpile, the review shall recommend and 
prioritize research areas that would improve the ICF program's 
pursuit of ignition. The assessment shall be completed and 
provided to the Committee not later than September 2020 and 
shall include an unclassified summary.
    Advanced Simulation and Computing.--The recommendation 
includes full funding at the request level. Within amounts 
provided, $20,000,000 shall be for advanced memory technology 
research. The Committee recognizes the crucial role of high-
performance computing (HPC) and the need to deliver Exascale 
class capabilities to maintain confidence in the stockpile. The 
Committee notes that the NNSA has not provided an analysis of 
alternatives regarding HPC procurement decisions and the NNSA 
is directed to provide the Committee with the requested 
information promptly.

                     INFRASTRUCTURE AND OPERATIONS

    Infrastructure and Operations provides funding for the base 
operations, maintenance, and recapitalization of NNSA 
facilities and infrastructure. The Committee recommends 
$2,990,314,000 for Infrastructure and Operations.
    The Committee appreciates the efforts of the Office of 
Safety, Infrastructure, and Operations to improve risk 
management, coordination, and transparency with line and 
functional management and encourages the NNSA to continue these 
efforts while keeping the Committee informed.
    With available funds, and in coordination with the Office 
of Environment, Health, Safety and Security, the Committee 
directs the NNSA to continue its work to address key earthquake 
safety issues for critical facilities, including the completion 
of its testing facility and performance of first experiments to 
validate the Department's 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.
    Management and Operations Coordination.--Since the NNSA 
conducts many high-hazard operations, balancing and 
coordinating the increasing operational tempo with safety, 
security, and effective project and program management is of 
paramount importance. It is the Committee's understanding that 
NNSA's Supplemental Directive 226.1B clearly states that these 
activities should be carefully coordinated with line management 
and the NNSA's contractors to appropriately consider risk 
management. While unavoidable in certain high-risk situations, 
lax coordination may adversely affect the cost, scope, and 
schedule of mission execution. To address this concern and 
ensure program-informed coordination is occurring to meet cost 
and schedule milestones, the Committee encourages the NNSA to 
specify the coordination required between field offices and 
line and functional management on the application of risk that 
may affect the execution of programs and projects and directs 
the NNSA to provide quarterly briefings to the Committee 
starting not later than 120 days after enactment of this Act. 
The Committee directs the Comptroller General to monitor and 
assess NNSA's progress on these efforts at a schedule to be 
determined in consultation with the Committee.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $91,200,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans.

                    Defense Nuclear Nonproliferation


 
 
 
Appropriation, 2019...................................    $1,930,000,000
Budget estimate, 2020.................................     1,993,302,000
Recommended, 2020.....................................     2,079,930,000
Comparison:
  Appropriation, 2019.................................      +149,930,000
  Budget estimate, 2020...............................       +86,628,000
 

    The Defense Nuclear Nonproliferation account provides 
funding to programs that prevent, counter, and respond to 
global nuclear threats. No funds were requested to transfer 
excess plutonium from the State of South Carolina to the State 
of Nevada to comply with 50 U.S.C. 2566 and no funds are 
provided for this purpose.

                    DEFENSE NUCLEAR NONPROLIFERATION

    Funding for the Office of Defense Nuclear Nonproliferation 
is provided across five programs: Global Material Security, 
Material Management and Minimization, Nonproliferation and Arms 
Control, Defense Nuclear Nonproliferation R&D, and 
Nonproliferation Construction.
    Global Material Security.--The Committee recommends 
$410,000,000 for Global Material Security, $67,650,000 above 
the request, including $15,000,000 for the Green Border 
Security Initiative within the Nuclear Smuggling Detection and 
Deterrence program. The Committee recognizes the importance of 
improving the security of border crossings to prevent nuclear 
smuggling and accelerating partnerships, particularly within 
Eastern Europe. The additional funding for the Initiative is 
intended to address existing gaps in radiation detection 
equipment. It is also important for the Nuclear Smuggling 
Detection and Deterrence program to deploy modern and 
appropriate equipment to detect nuclear threats, and the 
Committee encourages the program to examine how partner nations 
are sustaining equipment so that lessons learned can be applied 
to ongoing and future missions. Within available funds for 
Domestic Radiological Security, the recommendation provides 
$20,000,000 for the Cesium Irradiator Replacement Project.
    Material Management and Minimization.--The recommendation 
for Material Management and Minimization includes funding for 
Nuclear Material Removal, Material Disposition, and Laboratory 
and Partnership Support.
    Laboratory and Partnership Support.--The Committee is 
encouraged by recent progress demonstrated by industry in the 
United States to produce Mo-99 without the use of highly 
enriched uranium. The recommendation provides $35,000,000 for a 
new competitively awarded funding opportunity to expedite the 
establishment of a stable domestic source of Mo-99.
    Nonproliferation and Arms Control.--The recommendation 
includes funding above the request to strengthen export 
controls and prevent the illicit transfer of nuclear 
technologies and equipment.
    Defense Nuclear Nonproliferation Research and Development 
(DNN R&D).--The recommendation includes funding above the 
request to advance U.S. capabilities to detect and characterize 
low-yield and evasive underground nuclear explosions. Within 
available funds, $15,000,000 is provided for the University 
Consortia for Nuclear Nonproliferation Research. The 
recommendation also includes $15,000,000 within 
Nonproliferation Fuels Development for the national 
laboratories to develop high-density, low-enriched fuels that 
could replace highly enriched uranium for naval applications.

             NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE

    The NNSA's Nuclear Counterterrorism and Incident Response 
programs respond to and mitigate nuclear and radiological 
incidents worldwide to reduce the threat of nuclear terrorism. 
The Committee recommends $340,380,000, which is $21,195,000 
above fiscal year 2019.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $13,700,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans.

                             Naval Reactors


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2019...................................    $1,788,618,000
Budget estimate, 2020.................................     1,648,396,000
Recommended, 2020.....................................     1,628,551,000
Comparison:
  Appropriation, 2019.................................      -160,067,000
  Budget estimate, 2020...............................       -19,845,000
 

    The Naval Reactors 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, to refuel the S8G 
prototype, and to move forward on the Spent Fuel Handling 
Recapitalization Project.
    Naval Reactors Development.--Within amounts for Naval 
Reactors Development, $88,500,000 is provided for Advanced Test 
Reactor Operations.

                     Federal Salaries and Expenses


 
 
 
Appropriation, 2019...................................      $410,000,000
Budget estimate, 2020.................................       434,699,000
Recommended, 2020.....................................       425,000,000
Comparison:
  Appropriation, 2019.................................       +15,000,000
  Budget estimate, 2020...............................        -9,699,000
 

    The Federal Salaries and Expenses account provides 
salaries, corporate planning, oversight, and management for 
Defense Programs, Defense Nuclear Nonproliferation, and Naval 
Reactors, including the NNSA field offices in New Mexico, 
Nevada, and California.
    The Committee recognizes the need for appropriate federal 
oversight, accountability, and management as the NNSA's 
workload and budget continues to increase. The recommendation 
includes funding above the fiscal year 2019 level to prioritize 
hiring for efforts with the greatest need and specifically to 
improve mission execution, eliminate stovepipes, and better 
align projects and programs across the complex. The Committee 
notes that CEPE recently completed a staffing analysis in which 
CEPE determined that NNSA required additional FTEs and re-
balancing to meet current and future missions. CEPE shall 
conduct an expedited, independent follow-on review of how the 
NNSA is implementing CEPE's recent staffing analysis and 
provide its findings as a briefing to the Committee not later 
than 30 days after enactment of this Act. CEPE's expedited 
review shall also provide options for the NNSA to implement a 
matrix-management pilot program that more fully considers 
project management, acquisition, agency support, and field 
office expertise as CEPE recommended in its recent analysis. 
The Committee places a high priority on the essential role of 
these mission support functions to be provided in an integrated 
manner to meet cost and schedule commitments and safety 
requirements. Not later than 60 days after enactment of this 
Act, the NNSA shall provide a briefing to the Committee 
demonstrating how the agency will make use of a matrix-
management pilot program and how the agency intends to be 
responsive to CEPE's follow-on review.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES


                     Defense Environmental Cleanup


 
 
 
Appropriation, 2019...................................    $6,024,000,000
Budget estimate, 2020.................................     5,506,501,000
Recommended, 2020.....................................     5,993,650,000
Comparison:
  Appropriation, 2019.................................       -30,350,000
  Budget estimate, 2020...............................      +487,149,000
 

    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 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 sites, including 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 Department cleanup 
sites.
    Hanford Site.--The recommendation includes funds above the 
budget request for the Richland Operations Office to support 
stable funding for cleanup activities at the Hanford Site. The 
Committee notes that the B Reactor requires roof repairs and 
hazard reductions to allow for safe public access to the 
facility and encourages the Department to undertake these 
efforts.
    Within the Office of River Protection, the Committee notes 
that the budget request included a specific line item for the 
test bed initiative, also called low-level waste offsite 
disposal, following direction provided in the fiscal year 2019 
Act. The recommendation provides not more than $10,000,000 for 
this effort. The Department shall provide notification to the 
Committee if any additional funds are proposed for this 
project, including the amount and source of funds. The 
Department is reminded that meeting the Consent Decree 
milestone for operations of Direct Feed Low Activity Waste must 
remain the Department's top focus within the Office of River 
Protection.
    Savannah River Site.--Within available funds for 
Radioactive Liquid Tank Waste Stabilization and Disposition, 
the recommendation provides $25,000,000 for hot operations of 
the Salt Waste Processing Facility. Within available funds for 
Risk Management Operations, the recommendation provides 
$5,000,000 to begin remediation of the D-Area and $20,000,000 
for H-Canyon operations. The recommendation includes $4,525,000 
for the 19-D-710 Savannah River Security System Replacement 
project, and the Safeguards and Security account is reduced 
correspondingly.
    The Committee notes that the Department has requested the 
Advanced Manufacturing Collaborative facility as a line-item 
construction project, and the recommendation provides the 
amount that can be obligated in fiscal year 2020. The Committee 
is supportive of this effort.
    The Department is directed to use $15,562,000 in prior-year 
balances from the Salt Waste Processing Facility construction 
line item to offset fiscal year 2020 needs.
    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 Department-owned and 
managed spent nuclear fuel. Within these amounts, the 
Department shall use 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 the 
Department's storage systems, and other activities recommended 
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. The Committee appreciates the 
Department's work to improve worker safety and up to $5,000,000 
is provided to consider exploring options to develop and deploy 
wearable robotic devices to enhance worker safety.
    The Committee encourages the Department to continue 
independent review, analysis, and applied research to support 
cost-effective, risk-informed cleanup decision-making.

                        Other Defense Activities


 
 
 
Appropriation, 2019...................................      $860,292,000
Budget estimate, 2020.................................     1,035,339,000
Recommended, 2020.....................................       901,261,000
Comparison:
  Appropriation, 2019.................................       +40,969,000
  Budget estimate, 2020...............................      -134,078,000
 

    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.
    The Committee rejects the budget proposal to move the 
Formerly Utilized Sites Remedial Action Program (FUSRAP) from 
the U.S. Army Corps of Engineers to the Department. The 
Committee is pleased with the current cooperation between the 
Department and the U.S. Army Corps of Engineers in carrying out 
the FUSRAP program and 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.
    Within the Office of Nuclear Safety, and in coordination 
with the NNSA, the Committee directs the Department to continue 
its work to address key earthquake safety issues for critical 
facilities, including the completion of its testing facility 
and performance of first experiments to validate the 
Department's 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 Committee remains concerned with the Department's Order 
140.1, Interface with the Defense Nuclear Facilities Safety 
Board (DNFSB), and the potential impacts on the ability of the 
DNFSB to carry out its Congressionally-mandated 
responsibilities. The Department continues to assert that the 
Order will not change its relationship with the DNFSB; a plain 
reading of the Order contradicts this. Therefore, the Committee 
directs the Comptroller General to evaluate the impact to 
public and worker safety of the Order and to evaluate whether 
the Order prevents DNFSB access to information required to 
carry out its Congressionally-mandated responsibilities. 
Further, the Department is directed to enter into a Memorandum 
of Understanding with the DNFSB to govern interactions 
regarding pre-decisional information.
    The agreement includes $10,000,000 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.

                    POWER MARKETING ADMINISTRATIONS

    Management of the federal power marketing functions was 
transferred from the Department of the Interior to the 
Department in the Department of Energy Organization Act of 1977 
(P.L. 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 (P.L. 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. Within 90 days of enactment of this Act, 
the Department is directed to provide a report to the Committee 
with options for a new account structure for purchase power and 
wheeling that will provide clarity in how funds are received 
and expended within this account. The Committee will continue 
to work with the PMAs, their customers, and CBO to resolve 
scoring issues appropriately.
    The Committee rejects the budget proposal to sell the 
transmission assets of the PMAs, change the laws governing how 
the PMAs establish power rates, and repeal the borrowing 
authority for the Western Area Power Administration. None of 
the funds provided in this Act shall be used for such purposes.

                  Bonneville Power Administration Fund

    The Bonneville Power Administration (BPA) is the 
Department's marketing agency for electric power in the Pacific 
Northwest. BPA provides electricity to a 300,000 square mile 
service area in the Columbia River drainage basin and it 
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 bill includes language 
allowing BPA to sell excess power to states with clean energy 
programs.

      Operation and Maintenance, Southeastern Power Administration


 
 
 
Appropriation, 2019...................................            $- - -
Budget estimate, 2020.................................             - - -
Recommended, 2020.....................................             - - -
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................             - - -
 

    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, 2019...................................       $10,400,000
Budget estimate, 2020.................................        10,400,000
Recommended, 2020.....................................        10,400,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................             - - -
 

    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


                    (INCLUDING RESCISSION OF FUNDS)

 
 
 
Appropriation, 2019...................................       $89,372,000
Budget estimate, 2020.................................        89,196,000
Recommended, 2020.....................................        89,196,000
Comparison:
  Appropriation, 2019.................................          -176,000
  Budget estimate, 2020...............................             - - -
 

    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. The Committee includes a 
rescission of $176,000 as proposed in the budget request.

           Falcon and Amistad Operating and Maintenance Fund


 
 
 
Appropriation, 2019...................................          $228,000
Budget estimate, 2020.................................           228,000
Recommended, 2020.....................................           228,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................             - - -
 

    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 WAPA. The Foreign 
Relations
Authorization Act, 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.

                  Federal Energy Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2019...................................      $369,900,000
Budget estimate, 2020.................................       382,000,000
Recommended, 2020.....................................       382,000,000
Comparison:
  Appropriation, 2019.................................       +12,100,000
  Budget estimate, 2020...............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2019...................................      -369,900,000
Budget estimate, 2020.................................      -382,000,000
Recommended, 2020.....................................      -382,000,000
Comparison:
  Appropriation, 2019.................................       -12,100,000
  Budget estimate, 2020...............................             - - -
 

    The Committee recommendation for the Federal Energy 
Regulatory Commission (FERC) is $382,000,000, 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.
    FERC is directed to provide to the Committee not later than 
180 days after enactment of this Act a study and report 
outlining the barriers and opportunities for high voltage 
transmission, including over the nation's transportation 
corridors. The report shall examine the reliability and 
resilience benefits, permitting barriers, and any barriers in 
state or federal policy or markets.

                        COMMITTEE RECOMMENDATION

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


                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


                     (INCLUDING TRANSFER 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 continues a provision restricting certain 
activities in the Russian Federation.
    The bill includes a provision regarding authority to 
release refined petroleum product from the Strategic Petroleum 
Reserve.
    The bill includes a provision directing the Western Area 
Power Administration to transfer funds to the Department of 
Interior, Bureau of Reclamation's Upper Colorado River Basin 
Fund.
    The bill includes a provision regarding a revolving fund 
regarding mercury storage.
    The bill includes a provision regarding pay for power 
system dispatcher candidates.

                     TITLE IV--INDEPENDENT AGENCIES


                    Appalachian Regional Commission


 
 
 
Appropriation, 2019...................................      $165,000,000
Budget estimate, 2020.................................       165,000,000
Recommended, 2020.....................................       170,000,000
Comparison:
  Appropriation, 2019.................................        +5,000,000
  Budget estimate, 2020...............................        +5,000,000
 

    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.
    The Committee directs $10,000,000 to develop projects 
focused on workforce reentry strategies that both strengthen 
local economies and support Appalachians who have achieved 
long-term recovery from a substance use disorder.
    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.
    Within available funds, the Committee directs $50,000,000 
for activities in support of the POWER+ Plan for activities 
that target resources to help communities and regions that have 
been affected by job losses in coal mining, coal power plant 
operations, and coal-related supply chain industries due to the 
economic downturn of the coal industry. These projects will 
create and retain jobs, assist businesses, and prepare 
thousands of workers and students with globally competitive 
skills and opportunities in the region's manufacturing, 
technology, entrepreneurship, agriculture, and other emerging 
sectors.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. 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.
    The Committee directs the ARC to provide not later than 90 
days after enactment of this Act a report on the percentage of 
funding that has been directed to persistent poverty counties 
and high poverty areas in the last three fiscal years. For the 
purposes of the report, the term persistent poverty counties 
means any county that has had 20 percent or more of its 
population living in poverty over the past 30 years, as 
measured by the 1990 and 2000 decennial censuses and the most 
recent Small Area Income and Poverty Estimates. For the 
purposes of the report, the term high-poverty area means any 
census tract with a poverty rate of at least 20 percent as 
measured by the 2013-2017 five-year data series available from 
the American Community Survey of the Census Bureau.

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2019...................................       $31,000,000
Budget estimate, 2020.................................        29,450,000
Recommended, 2020.....................................        31,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................        +1,550,000
 

    The Defense Nuclear Facilities Safety Board was created by 
the National Defense Authorization Act for Fiscal Year 1989. 
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 Board 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.
    The Committee is concerned that the Board is not adequately 
staffed and directs the Board to increase its technical staff 
to a minimum of 110 full-time equivalents, including field 
staff if justified, across the Board. The Committee further 
directs the Board to establish an Executive Director of 
Operations position but does not support the additional 
elements of the Board's August 15, 2018 reform plan. 
Additionally, the Board is directed to enter into a Memorandum 
of Understanding with the Department of Energy to govern 
interactions regarding pre-decisional information.

                        Delta Regional Authority


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2019...................................       $25,000,000
Budget estimate, 2020.................................         2,500,000
Recommended, 2020.....................................        15,000,000
Comparison:
  Appropriation, 2019.................................       -10,000,000
  Budget estimate, 2020...............................       +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.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. The Committee directs the DRA to 
provide not later than 180 days after enactment of this Act a 
report on the percentage of funding and summary of activities 
that have been directed to distressed counties and isolated 
areas of distress in the last three fiscal years.

                           Denali Commission


 
 
 
Appropriation, 2019...................................       $15,000,000
Budget estimate, 2020.................................         7,300,000
Recommended, 2020.....................................        15,000,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................        +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.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. The Committee directs the Commission 
to provide not later than 180 days after enactment of this Act 
a report on the percentage of funding and summary of activities 
that have been directed to distressed counties and isolated 
areas of distress in the last three fiscal years.

                  Northern Border Regional Commission


 
 
 
Appropriation, 2019...................................       $20,000,000
Budget estimate, 2020.................................           850,000
Recommended, 2020.....................................        22,000,000
Comparison:
  Appropriation, 2019.................................        +2,000,000
  Budget estimate, 2020...............................       +21,150,000
 

    The Food, Conservation, and Energy Act of 2008 (P.L. 110-
234) authorized the establishment of the Northern Border 
Regional Commission (NBRC) 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 
NBRC. The recommendation does not include funds to shut down 
the NBRC.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas. The Committee directs the NBRC to 
provide not later than 180 days after enactment of this Act a 
report on the percentage of funding and summary of activities 
that have been directed to distressed counties and isolated 
areas of distress in the last three fiscal years.
    Within available funds, the Committee directs $4,000,000 
for initiatives that seek to address the decline in forest-
based economies throughout the region and $1,000,000 for the 
State Capacity Grant Program.

                 Southeast Crescent Regional Commission


 
 
 
Appropriation, 2019...................................          $250,000
Budget estimate, 2020.................................             - - -
Recommended, 2020.....................................           250,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................          +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.
    The Committee supports targeted investment in impoverished 
areas to promote economic development in communities where it 
has been scarce, both in persistent poverty counties and in 
other high-poverty areas.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2019...................................      $898,350,000
Budget estimate, 2020.................................       907,765,000
Recommended, 2020.....................................       885,236,000
Comparison:
  Appropriation, 2019.................................       -13,114,000
  Budget estimate, 2020...............................       -22,529,000
 

                                REVENUES

 
 
 
Appropriation, 2019...................................      -770,477,000
Budget estimate, 2020.................................      -748,669,000
Recommended, 2020.....................................      -757,589,000
Comparison:
  Appropriation, 2019.................................       +12,888,000
  Budget estimate, 2020...............................        -8,920,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2019...................................      $127,873,000
Budget estimate, 2020.................................       159,096,000
Recommended, 2020.....................................       127,647,000
Comparison:
  Appropriation, 2019.................................          -226,000
  Budget estimate, 2020...............................       -31,449,000
 

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

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2019 enacted     FY 2020 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety..............................            $469,767            $449,474            $449,474
Nuclear Materials and Waste Safety..................             108,609             104,291             104,291
Decommissioning and Low-Level Waste.................              25,393              22,891              22,891
Integrated University Program.......................              15,000                   0              16,000
Yucca licensing.....................................                   0              38,529                   0
Corporate Support...................................             299,581             292,580             292,580
                                                     -----------------------------------------------------------
    Total, Program Level............................             918,350             907,765             885,236
    Savings and Carryover...........................             -20,000               - - -               - - -
                                                     -----------------------------------------------------------
    Total...........................................             898,350             907,765             885,236
----------------------------------------------------------------------------------------------------------------

    The Commission is responsible for ensuring the safety and 
security of the nation's commercial nuclear reactors and 
overseeing certain nuclear materials and radioactive waste 
activities. The Committee expects the Commission to hold the 
nuclear industry to the highest safety standards in law and in 
regulation. The Commission is directed to provide to the 
Committee not later than 120 days after enactment of this Act a 
plan to maintain reactor safety during this current period of 
nuclear industry transition as power plants close or are 
planned to close and in light of several consecutive years of 
agency resource reductions.
    Transformation Initiative.--The Commission's Transformation 
Initiative should focus on enhancing the ability to evaluate 
and regulate new and novel technologies that will challenge the 
Commission's current regulatory framework. The Committee 
encourages the continued evaluation of accident tolerant fuels, 
new materials and new manufacturing approaches, big data, 
digital instrumentation and controls, and small modular and 
advanced reactor designs. The Committee supports the 
Commission's efforts to update its regulations to account for 
non-light-water reactor technologies. The Committee directs the 
Commission to provide regular briefings to the Committee on the 
status of the Transformation Initiative, beginning not later 
than 120 days after enactment of this Act.
    Reactor Oversight and Safety.--The Committee is aware that 
the Commission is considering changes to the Reactor Oversight 
Process, which has governed the Commission's regulatory 
oversight of nuclear reactors for nearly two decades. The 
Committee is concerned with proposals under consideration that 
would result in fewer baseline inspections, minimize the 
importance of white findings, and eliminate the use of SPAR 
models. These are all important tools for protecting the health 
and safety of workers and the public. Further, the Committee is 
concerned about proposals to replace Commission baseline 
inspections performed by independent agency inspectors with 
licensee self-assessments. The Commission is directed to 
provide a briefing to the Committee on any such proposed 
changes to the Commission's current reactor oversight and 
safety program before they are implemented.
    Mitigation of Beyond-Design-Basis Events Rule.--The 
Committee is concerned that the Commission's recent post-
Fukushima safety regulation failed to reflect the 
recommendations of the technical and expert staff and discounts 
the serious flooding and seismic risks discovered after the 
current reactor fleet was licensed. Given the rise in extreme 
weather events and the major advances in the science of 
seismology, there is clear need for increased safeguards for 
nuclear power plants from flooding and seismic events. The 
Commission is directed to provide a briefing to the Committee 
not later than 120 days after enactment of this Act on its 
plans to ensure that nuclear reactors are adequately protected 
from the modern-day flooding and seismic hazards facing nuclear 
power plants.
    International Activities.--The Commission's fundamental 
role in providing technical and regulatory advice and 
assistance to international organizations and foreign countries 
remains an important mission. The Commission's independence 
regarding its regulatory function must remain unimpeachable, 
but any views regarding foreign policy matters should be 
coordinated with the executive branch.
    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 Act requires that the use and 
expenditure of these salaries and expenses shall only be by a 
majority vote of the Commission. The Commission 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.
    Integrated University Program.--The Committee 
recommendation includes $16,000,000 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, 
$5,500,000 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.
    Budget Execution Plan.--The Commission shall provide a 
specific budget execution plan to the Committee not later than 
30 days after 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 planned 
rulemaking activities, including 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.
    Re-Evaluation of Nuclear Medicine Event Reporting.--The 
Committee is aware of evidence demonstrating the prevalence of 
extravasations in nuclear medicine procedures across health 
care providers. The Committee encourages the Commission and the 
Advisory Committee on Medical Use of Isotopes to consider new 
evidence in evaluating whether radiopharmaceutical 
extravasations should be reportable as medical events under 10 
CFR Part 35. Not later than 90 days after enactment of this 
Act, the Commission shall provide to the Committee a report on 
updates to injection quality monitoring, classification, and 
reporting requirements regarding extravasations.

                      OFFICE OF INSPECTOR GENERAL


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2019...................................       $12,609,000
Budget estimate, 2020.................................        13,314,000
Recommended, 2020.....................................        13,314,000
Comparison:
  Appropriation, 2019.................................          +705,000
  Budget estimate, 2020...............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2019...................................      -$10,355,000
Budget estimate, 2020.................................       -10,929,000
Recommended, 2020.....................................       -10,929,000
Comparison:
  Appropriation, 2019.................................          -574,000
  Budget estimate, 2020...............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2019...................................        $2,254,000
Budget estimate, 2020.................................         2,385,000
Recommended, 2020.....................................         2,385,000
Comparison:
  Appropriation, 2019.................................          +131,000
  Budget estimate, 2020...............................             - - -
 

    The Committee includes $1,171,000 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, 2019...................................        $3,600,000
Budget estimate, 2020.................................         3,600,000
Recommended, 2020.....................................         3,600,000
Comparison:
  Appropriation, 2019.................................             - - -
  Budget estimate, 2020...............................             - - -
 

    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 continues 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.

              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,'' $70,332,000 is 
available for transfer to the Upper Colorado River Basin Fund 
and $5,023,000 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,'' $88,500,000 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.
    Under section 307, ``General Provisions--Department of 
Energy,'' $21,400,000 shall be transferred to ``Department of 
Interior--Bureau of Reclamation--Colorado River Basin Fund'' 
for environmental stewardship and endangered species recovery 
efforts.

   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 of 
Engineers, 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 certain activities 
at a Corps of Engineers project.
    Language has been included under Corps of Engineers, 
General Provisions, section 106, prohibiting funds for 
reorganization of the Civil Works program.
    Language has been included under Corps of Engineers, 
General Provisions, section 107, regarding the allocation of 
additional funding.
    Language has been included under Corps of Engineers, 
General Provisions, section 108, prohibiting funds for certain 
constructions activities.

                  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, 
Water and Related Resources, providing for funding of projects 
pursuant to sections 4009(c), 4007, and 4009(a) of Public Law 
114-322.
    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 P.L. 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 Secure 
Water Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 204, regarding the CALFED 
Bay-Delta Authorization Act.
    Language has been included under General Provisions, 
Department of the Interior, section 205, regarding the Omnibus 
Public Land Management Act of 2009.
    Language has been included under General Provisions, 
Department of the Interior, section 206, regarding the Claims 
Resolution Act of 2010.

                    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.
    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 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 P.L. 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 and for the purchase of aircraft.
    Language has been included under Naval Reactors for the 
purchase, construction, and acquisition of plant and capital 
equipment, facilities, and facility expansion.
    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.
    Language has been included under Other Defense Activities 
for the purchase, construction, and acquisition of plant and 
capital equipment.
    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 authorizing purchases or 
payments of emissions expenses associated with Bonneville Power 
Administration power and transmission operations in states with 
clean energy programs.
    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, prohibiting nonproliferation 
activities in the Russian Federation until certain reporting 
requirements are met.
    Language has been included under Department of Energy, 
General Provisions, section 306, 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 307, to allow the Western Area 
Power Administration to transfer $21,400,000 to the Department 
of Interior, Bureau of Reclamation's Upper Colorado River Basin 
Fund.
    Language has been included under Department of Energy, 
General Provisions, section 308, to allow the Department to 
spend fees collected from users of a mercury storage facility.
    Language has been included under Department of Energy, 
General Provisions, section 309, to allow the Southeastern 
Power Administration to offer competitive pay to help attract 
and retain experienced power system dispatcher candidates.

                     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.
    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, P.L. 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 Southeast Crescent 
Regional Commission for expenditure as authorized by subtitle V 
of title 40, United States Code.
    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.

                          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 P.L. 111-139, or a program related to 
a program identified in the most recent Catalog of Federal 
Domestic Assistance.

          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):

     SECTION 9504 OF THE OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009

SEC. 9504. WATER MANAGEMENT IMPROVEMENT.

  (a) Authorization of Grants and Cooperative Agreements.--
          (1) Authority of secretary.--The Secretary may 
        provide any grant to, or enter into an agreement with, 
        any eligible applicant to assist the eligible applicant 
        in planning, designing, or constructing any 
        improvement--
                  (A) to conserve water;
                  (B) to increase water use efficiency;
                  (C) to facilitate water markets;
                  (D) to enhance water management, including 
                increasing the use of renewable energy in the 
                management and delivery of water;
                  (E) to accelerate the adoption and use of 
                advanced water treatment technologies to 
                increase water supply;
                  (F) to prevent the decline of species that 
                the United States Fish and Wildlife Service and 
                National Marine Fisheries Service have proposed 
                for listing under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) (or candidate 
                species that are being considered by those 
                agencies for such listing but are not yet the 
                subject of a proposed rule);
                  (G) to accelerate the recovery of threatened 
                species, endangered species, and designated 
                critical habitats that are adversely affected 
                by Federal reclamation projects or are subject 
                to a recovery plan or conservation plan under 
                the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) under which the Commissioner of 
                Reclamation has implementation 
                responsibilities; or
                  (H) to carry out any other activity--
                          (i) to address any climate-related 
                        impact to the water supply of the 
                        United States that increases ecological 
                        resiliency to the impacts of climate 
                        change; or
                          (ii) to prevent any water-related 
                        crisis or conflict at any watershed 
                        that has a nexus to a Federal 
                        reclamation project located in a 
                        service area.
          (2) Application.--To be eligible to receive a grant, 
        or enter into an agreement with the Secretary under 
        paragraph (1), an eligible applicant shall--
                  (A) be located within--
                          (i) the States and areas referred to 
                        in the first section of the Act of June 
                        17, 1902 (43 U.S.C. 391);
                          (ii) the State of Alaska; or
                          (iii) the State of Hawaii; and
                  (B) submit to the Secretary an application 
                that includes a proposal of the improvement or 
                activity to be planned, designed, constructed, 
                or implemented by the eligible applicant.
          (3) Requirements of grants and cooperative 
        agreements.--
                  (A) Compliance with requirements.--Each grant 
                and agreement entered into by the Secretary 
                with any eligible applicant under paragraph (1) 
                shall be in compliance with each requirement 
                described in subparagraphs (B) through (F).
                  (B) Agricultural operations.--
                          (i) In general.--Except as provided 
                        in clause (ii), in carrying out 
                        paragraph (1), the Secretary shall not 
                        provide a grant, or enter into an 
                        agreement, for an improvement to 
                        conserve irrigation water unless the 
                        eligible applicant agrees not--
                                  (I) to use any associated 
                                water savings to increase the 
                                total irrigated acreage of the 
                                eligible applicant; or
                                  (II) to otherwise increase 
                                the consumptive use of water in 
                                the operation of the eligible 
                                applicant, as determined 
                                pursuant to the law of the 
                                State in which the operation of 
                                the eligible applicant is 
                                located.
                          (ii) Indian tribes.--In the case of 
                        an eligible applicant that is an Indian 
                        tribe, in carrying out paragraph (1), 
                        the Secretary shall not provide a 
                        grant, or enter into an agreement, for 
                        an improvement to conserve irrigation 
                        water unless the Indian tribe agrees 
                        not--
                                  (I) to use any associated 
                                water savings to increase the 
                                total irrigated acreage more 
                                than the water right of that 
                                Indian tribe, as determined 
                                by--
                                          (aa) a court decree;
                                          (bb) a settlement;
                                          (cc) a law; or
                                          (dd) any combination 
                                        of the authorities 
                                        described in items (aa) 
                                        through (cc); or
                                  (II) to otherwise increase 
                                the consumptive use of water 
                                more than the water right of 
                                the Indian tribe described in 
                                subclause (I).
                  (C) Nonreimbursable Funds.--Any funds 
                provided by the Secretary to an eligible 
                applicant through a grant or agreement under 
                paragraph (1) shall be nonreimbursable.
                  (D) Title to improvements.--If an 
                infrastructure improvement to a federally owned 
                facility is the subject of a grant or other 
                agreement entered into between the Secretary 
                and an eligible applicant under paragraph (1), 
                the Federal Government shall continue to hold 
                title to the facility and improvements to the 
                facility.
                  (E) Cost Sharing.--
                          (i) Federal share.--The Federal share 
                        of the cost of any infrastructure 
                        improvement or activity that is the 
                        subject of a grant or other agreement 
                        entered into between the Secretary and 
                        an eligible applicant under paragraph 
                        (1) shall not exceed 50 percent of the 
                        cost of the infrastructure improvement 
                        or activity.
                          (ii) Calculation of non-federal 
                        share.--In calculating the non-Federal 
                        share of the cost of an infrastructure 
                        improvement or activity proposed by an 
                        eligible applicant through an 
                        application submitted by the eligible 
                        applicant under paragraph (2), the 
                        Secretary shall--
                                  (I) consider the value of any 
                                in-kind services that 
                                substantially contributes 
                                toward the completion of the 
                                improvement or activity, as 
                                determined by the Secretary; 
                                and
                                  (II) not consider any other 
                                amount that the eligible 
                                applicant receives from a 
                                Federal agency.
                          (iii) Maximum amount.--The amount 
                        provided to an eligible applicant 
                        through a grant or other agreement 
                        under paragraph (1) shall be not more 
                        than $5,000,000.
                          (iv) Operation and maintenance 
                        costs.--The non-Federal share of the 
                        cost of operating and maintaining any 
                        infrastructure improvement that is the 
                        subject of a grant or other agreement 
                        entered into between the Secretary and 
                        an eligible applicant under paragraph 
                        (1) shall be 100 percent.
                  (F) Liability.--
                          (i) In general.--Except as provided 
                        under chapter 171 of title 28, United 
                        States Code (commonly known as the 
                        ``Federal Tort Claims Act''), the 
                        United States shall not be liable for 
                        monetary damages of any kind for any 
                        injury arising out of an act, omission, 
                        or occurrence that arises in relation 
                        to any facility created or improved 
                        under this section, the title of which 
                        is not held by the United States.
                          (ii) Tort claims act.--Nothing in 
                        this section increases the liability of 
                        the United States beyond that provided 
                        in chapter 171 of title 28, United 
                        States Code (commonly known as the 
                        ``Federal Tort Claims Act'').
  (b) Research Agreements.--
          (1) Authority of secretary.--The Secretary may enter 
        into 1 or more agreements with any university, 
        nonprofit research institution, or organization with 
        water or power delivery authority to fund any research 
        activity that is designed--
                  (A) to conserve water resources;
                  (B) to increase the efficiency of the use of 
                water resources; or
                  (C) to enhance the management of water 
                resources, including increasing the use of 
                renewable energy in the management and delivery 
                of water.
          (2) Terms and conditions of secretary.--
                  (A) In general.--An agreement entered into 
                between the Secretary and any university, 
                institution, or organization described in 
                paragraph (1) shall be subject to such terms 
                and conditions as the Secretary determines to 
                be appropriate.
                  (B) Availability.--The agreements under this 
                subsection shall be available to all 
                Reclamation projects and programs that may 
                benefit from project-specific or programmatic 
                cooperative research and development.
  (c) Mutual Benefit.--Grants or other agreements made under 
this section may be for the mutual benefit of the United States 
and the entity that is provided the grant or enters into the 
cooperative agreement.
  (d) Relationship to Project-Specific Authority.--This section 
shall not supersede any existing project-specific funding 
authority.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$480,000,000] 
$510,000,000, to remain available until expended.
                              ----------                              


      WATER SUPPLY, RELIABILITY, AND ENVIRONMENTAL IMPROVEMENT ACT

(Public Law 108-361)

           *       *       *       *       *       *       *


    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Calfed Bay-Delta 
Authorization Act''.

           *       *       *       *       *       *       *


SEC. 103. BAY DELTA PROGRAM.

  (a) In General.--
          (1) Record of decision as general framework.--The 
        Record of Decision is approved as a general framework 
        for addressing the Calfed Bay-Delta Program, including 
        its components relating to water storage, ecosystem 
        restoration, water supply reliability (including new 
        firm yield), conveyance, water use efficiency, water 
        quality, water transfers, watersheds, the Environmental 
        Water Account, levee stability, governance, and 
        science.
          (2) Requirements.--
                  (A) In general.--The Secretary and the heads 
                of the Federal agencies are authorized to carry 
                out the activities described in subsections (c) 
                through (f) consistent with--
                          (i) the Record of Decision;
                          (ii) the requirement that Program 
                        activities consisting of protecting 
                        drinking water quality, restoring 
                        ecological health, improving water 
                        supply reliability (including 
                        additional storage, conveyance, and new 
                        firm yield), and protecting Delta 
                        levees will progress in a balanced 
                        manner; and
                          (iii) this title.
                  (B) Multiple benefits.--In selecting 
                activities and projects, the Secretary and the 
                heads of the Federal agencies shall consider 
                whether the activities and projects have 
                multiple benefits.
  (b) Authorized Activities.--The Secretary and the heads of 
the Federal agencies are authorized to carry out the activities 
described in subsections (c) through (f) in furtherance of the 
Calfed Bay-Delta Program as set forth in the Record of 
Decision, subject to the cost-share and other provisions of 
this title, if the activity has been--
          (1) subject to environmental review and approval, as 
        required under applicable Federal and State law; and
          (2) approved and certified by the relevant Federal 
        agency, following consultation and coordination with 
        the Governor, to be consistent with the Record of 
        Decision.
  (c) Authorizations for Federal Agencies Under Applicable 
Law.--
          (1) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities 
        described in paragraphs (1) through (10) of subsection 
        (d), to the extent authorized under the reclamation 
        laws, the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable law.
          (2) Administrator of the environmental protection 
        agency.--The Administrator of the Environmental 
        Protection Agency is authorized to carry out the 
        activities described in paragraphs (3), (5), (6), (7), 
        (8), and (9) of subsection (d), to the extent 
        authorized under the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water 
        Act (42 U.S.C. 300f et seq.), and other applicable law.
          (3) Secretary of the army.--The Secretary of the Army 
        is authorized to carry out the activities described in 
        paragraphs (1), (2), (6), (7), (8), and (9) of 
        subsection (d), to the extent authorized under flood 
        control, water resource development, and other 
        applicable law.
          (4) Secretary of commerce.--The Secretary of Commerce 
        is authorized to carry out the activities described in 
        paragraphs (2), (6), (7), and (9) of subsection (d), to 
        the extent authorized under the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and other applicable law.
          (5) Secretary of agriculture.--The Secretary of 
        Agriculture is authorized to carry out the activities 
        described in paragraphs (3), (5), (6), (7), (8), and 
        (9) of subsection (d), to the extent authorized under 
        title XII of the Food Security Act of 1985 (16 U.S.C. 
        3801 et seq.), the Farm Security and Rural Investment 
        Act of 2002 (Public Law 107-171; 116 Stat. 134) 
        (including amendments made by that Act), and other 
        applicable law.
  (d) Description of Activities Under Applicable Law.--
          (1) Water storage.--
                  (A) In general.--Activities under this 
                paragraph consist of--
                          (i) planning and feasibility studies 
                        for projects to be pursued with 
                        project-specific study for enlargement 
                        of--
                                  (I) the Shasta Dam in Shasta 
                                County; and
                                  (II) the Los Vaqueros 
                                Reservoir in Contra Costa 
                                County;
                          (ii) planning and feasibility studies 
                        for the following projects requiring 
                        further consideration--
                                  (I) the Sites Reservoir in 
                                Colusa County; and
                                  (II) the Upper San Joaquin 
                                River storage in Fresno and 
                                Madera Counties;
                          (iii) developing and implementing 
                        groundwater management and groundwater 
                        storage projects; and
                          (iv) comprehensive water management 
                        planning.
                  (B) Storage project authorization and 
                balanced calfed implementation.--
                          (i) In general.--If on completion of 
                        the feasibility study for a project 
                        described in clause (i) or (ii) of 
                        subparagraph (A), the Secretary, in 
                        consultation with the Governor, 
                        determines that the project should be 
                        constructed in whole or in part with 
                        Federal funds, the Secretary shall 
                        submit the feasibility study to 
                        Congress.
                          (ii) Finding of imbalance.--If 
                        Congress fails to authorize 
                        construction of the project by the end 
                        of the next full session following the 
                        submission of the feasibility study, 
                        the Secretary, in consultation with the 
                        Governor, shall prepare a written 
                        determination making a finding of 
                        imbalance for the Calfed Bay-Delta 
                        Program.
                          (iii) Report on rebalancing.--
                                  (I) In general.--If the 
                                Secretary makes a finding of 
                                imbalance for the Program under 
                                clause (ii), the Secretary, in 
                                consultation with the Governor, 
                                shall, not later than 180 days 
                                after the end of the full 
                                session described in clause 
                                (ii), prepare and submit to 
                                Congress a report on the 
                                measures necessary to rebalance 
                                the Program.
                                  (II) Schedules and 
                                alternatives.--The report shall 
                                include preparation of revised 
                                schedules and identification of 
                                alternatives to rebalance the 
                                Program, including resubmission 
                                of the project to Congress with 
                                or without modification, 
                                construction of other projects, 
                                and construction of other 
                                projects that provide 
                                equivalent water supply and 
                                other benefits at equal or 
                                lesser cost.
                  (C) Water supply and yield study.--
                          (i) In general.--The Secretary, 
                        acting through the Bureau of 
                        Reclamation and in coordination with 
                        the State, shall conduct a study of 
                        available water supplies and existing 
                        and future needs for water--
                                  (I) within the units of the 
                                Central Valley Project;
                                  (II) within the area served 
                                by Central Valley Project 
                                agricultural, municipal, and 
                                industrial water service 
                                contractors; and
                                  (III) within the Calfed Delta 
                                solution area.
                          (ii) Relationship to prior study.--In 
                        conducting the study, the Secretary 
                        shall incorporate and revise, as 
                        necessary, the results of the study 
                        required by section 3408(j) of the 
                        Central Valley Project Improvement Act 
                        of 1992 (Public Law 102-575; 106 Stat. 
                        4730).
                          (iii) Report.--Not later than 1 year 
                        after the date of enactment of this 
                        Act, the Secretary shall submit to the 
                        appropriate authorizing and 
                        appropriating committees of the Senate 
                        and the House of Representatives a 
                        report describing the results of the 
                        study, including--
                                  (I) new firm yield and water 
                                supply improvements, if any, 
                                for Central Valley Project 
                                agricultural water service 
                                contractors and municipal and 
                                industrial water service 
                                contractors, including those 
                                identified in Bulletin 160;
                                  (II) all water management 
                                actions or projects, including 
                                those identified in Bulletin 
                                160, that would--
                                          (aa) improve firm 
                                        yield or water supply; 
                                        and
                                          (bb) if taken or 
                                        constructed, balance 
                                        available water 
                                        supplies and existing 
                                        demand with due 
                                        recognition of water 
                                        right priorities and 
                                        environmental needs;
                                  (III) the financial costs of 
                                the actions and projects 
                                described under subclause (II); 
                                and
                                  (IV) the beneficiaries of 
                                those actions and projects and 
                                an assessment of the 
                                willingness of the 
                                beneficiaries to pay the 
                                capital costs and operation and 
                                maintenance costs of the 
                                actions and projects.
                  (D) Management.--The Secretary shall conduct 
                activities related to developing groundwater 
                storage projects to the extent authorized under 
                law.
                  (E) Comprehensive water planning.--The 
                Secretary shall conduct activities related to 
                comprehensive water management planning to the 
                extent authorized under law.
          (2) Conveyance.--
                  (A) South delta actions.--
                          (i) In general.--In the case of the 
                        South Delta, activities under this 
                        subparagraph consist of--
                                  (I) the South Delta 
                                Improvements Program through 
                                actions to--
                                          (aa) increase the 
                                        State Water Project 
                                        export limit to 8,500 
                                        cfs;
                                          (bb) install 
                                        permanent, operable 
                                        barriers in the South 
                                        Delta, under which 
                                        Federal agencies shall 
                                        cooperate with the 
                                        State to accelerate 
                                        installation of the 
                                        permanent, operable 
                                        barriers in the South 
                                        Delta, with an intent 
                                        to complete that 
                                        installation not later 
                                        than September 30, 
                                        2007;
                                          (cc) evaluate, 
                                        consistent with the 
                                        Record of Decision, 
                                        fish screens and intake 
                                        facilities at the Tracy 
                                        Pumping Plant 
                                        facilities; and
                                          (dd) increase the 
                                        State Water Project 
                                        export to the maximum 
                                        capability of 10,300 
                                        cfs;
                                  (II) reduction of 
                                agricultural drainage in South 
                                Delta channels, and other 
                                actions necessary to minimize 
                                the impact of drainage on 
                                drinking water quality;
                                  (III) evaluation of lower San 
                                Joaquin River floodway 
                                improvements;
                                  (IV) installation and 
                                operation of temporary barriers 
                                in the South Delta until fully 
                                operable barriers are 
                                constructed; and
                                  (V) actions to protect 
                                navigation and local diversions 
                                not adequately protected by 
                                temporary barriers.
                          (ii) Actions to increase pumping.--
                        Actions to increase pumping shall be 
                        accomplished in a manner consistent 
                        with the Record of Decision requirement 
                        to avoid redirected impacts and adverse 
                        impacts to fishery protection and with 
                        any applicable Federal or State law 
                        that protects--
                                  (I) water diversions and use 
                                (including avoidance of 
                                increased costs of diversion) 
                                by in-Delta water users 
                                (including in-Delta 
                                agricultural users that have 
                                historically relied on water 
                                diverted for use in the Delta);
                                  (II) water quality for 
                                municipal, industrial, 
                                agricultural, and other uses; 
                                and
                                  (III) water supplies for 
                                areas of origin.
                  (B) North delta actions.--In the case of the 
                North Delta, activities under this subparagraph 
                consist of--
                          (i) evaluation and implementation of 
                        improved operational procedures for the 
                        Delta Cross Channel to address fishery 
                        and water quality concerns;
                          (ii) evaluation of a screened 
                        through-Delta facility on the 
                        Sacramento River; and
                          (iii) evaluation of lower Mokelumne 
                        River floodway improvements.
                  (C) Interties.--Activities under this 
                subparagraph consist of--
                          (i) evaluation and construction of an 
                        intertie between the State Water 
                        Project California Aqueduct and the 
                        Central Valley Project Delta Mendota 
                        Canal, near the City of Tracy, as an 
                        operation and maintenance activity, 
                        except that the Secretary shall design 
                        and construct the intertie in a manner 
                        consistent with a possible future 
                        expansion of the intertie capacity (as 
                        described in subsection (f)(1)(B)); and
                          (ii) assessment of a connection of 
                        the Central Valley Project to the 
                        Clifton Court Forebay of the State 
                        Water Project, with a corresponding 
                        increase in the screened intake of the 
                        Forebay.
                  (D) Program to meet standards.--
                          (i) In general.--Prior to increasing 
                        export limits from the Delta for the 
                        purposes of conveying water to south-
                        of-Delta Central Valley Project 
                        contractors or increasing deliveries 
                        through an intertie, the Secretary 
                        shall, not later than 1 year after the 
                        date of enactment of this Act, in 
                        consultation with the Governor, develop 
                        and initiate implementation of a 
                        program to meet all existing water 
                        quality standards and objectives for 
                        which the Central Valley Project has 
                        responsibility.
                          (ii) Measures.--In developing and 
                        implementing the program, the Secretary 
                        shall include, to the maximum extent 
                        feasible, the measures described in 
                        clauses (iii) through (vii).
                          (iii) Recirculation program.--The 
                        Secretary shall incorporate into the 
                        program a recirculation program to 
                        provide flow, reduce salinity 
                        concentrations in the San Joaquin 
                        River, and reduce the reliance on the 
                        New Melones Reservoir for meeting water 
                        quality and fishery flow objectives 
                        through the use of excess capacity in 
                        export pumping and conveyance 
                        facilities.
                          (iv) Best management practices 
                        plan.--
                                  (I) In general.--The 
                                Secretary shall develop and 
                                implement, in coordination with 
                                the State's programs to improve 
                                water quality in the San 
                                Joaquin River, a best 
                                management practices plan to 
                                reduce the water quality 
                                impacts of the discharges from 
                                wildlife refuges that receive 
                                water from the Federal 
                                Government and discharge salt 
                                or other constituents into the 
                                San Joaquin River.
                                  (II) Coordination with 
                                interested parties.--The plan 
                                shall be developed in 
                                coordination with interested 
                                parties in the San Joaquin 
                                Valley and the Delta.
                                  (III) Coordination with 
                                entities that discharge 
                                water.--The Secretary shall 
                                also coordinate activities 
                                under this clause with other 
                                entities that discharge water 
                                into the San Joaquin River to 
                                reduce salinity concentrations 
                                discharged into the River, 
                                including the timing of 
                                discharges to optimize their 
                                assimilation.
                          (v) Acquisition of water.--The 
                        Secretary shall incorporate into the 
                        program the acquisition from willing 
                        sellers of water from streams tributary 
                        to the San Joaquin River or other 
                        sources to provide flow, dilute 
                        discharges of salt or other 
                        constituents, and to improve water 
                        quality in the San Joaquin River below 
                        the confluence of the Merced and San 
                        Joaquin Rivers, and to reduce the 
                        reliance on New Melones Reservoir for 
                        meeting water quality and fishery flow 
                        objectives.
                          (vi) Purpose.--The purpose of the 
                        authority and direction provided to the 
                        Secretary under this subparagraph is to 
                        provide greater flexibility in meeting 
                        the existing water quality standards 
                        and objectives for which the Central 
                        Valley Project has responsibility so as 
                        to reduce the demand on water from New 
                        Melones Reservoir used for that purpose 
                        and to assist the Secretary in meeting 
                        any obligations to Central Valley 
                        Project contractors from the New 
                        Melones Project.
                          (vii) Updating of new melones 
                        operating plan.--The Secretary shall 
                        update the New Melones operating plan 
                        to take into account, among other 
                        things, the actions described in this 
                        title that are designed to reduce the 
                        reliance on New Melones Reservoir for 
                        meeting water quality and fishery flow 
                        objectives, and to ensure that actions 
                        to enhance fisheries in the Stanislaus 
                        River are based on the best available 
                        science.
          (3) Water use efficiency.--
                  (A) Water conservation projects.--Activities 
                under this paragraph include water conservation 
                projects that provide water supply reliability, 
                water quality, and ecosystem benefits to the 
                California Bay-Delta system.
                  (B) Technical assistance.--Activities under 
                this paragraph include technical assistance for 
                urban and agricultural water conservation 
                projects.
                  (C) Water recycling and desalination 
                projects.--Activities under this paragraph 
                include water recycling and desalination 
                projects, including groundwater remediation 
                projects and projects identified in the Bay 
                Area Water Plan and the Southern California 
                Comprehensive Water Reclamation and Reuse Study 
                and other projects, giving priority to projects 
                that include regional solutions to benefit 
                regional water supply and reliability needs.
                  (D) Water measurement and transfer actions.--
                Activities under this paragraph include water 
                measurement and transfer actions.
                  (E) Urban water conservation.--Activities 
                under this paragraph include implementation of 
                best management practices for urban water 
                conservation.
                  (F) Reclamation and recycling projects.--
                          (i) Projects.--This subparagraph 
                        applies to--
                                  (I) projects identified in 
                                the Southern California 
                                Comprehensive Water Reclamation 
                                and Reuse Study, dated April 
                                2001 and authorized by section 
                                1606 of the Reclamation 
                                Wastewater and Groundwater 
                                Study and Facilities Act (43 
                                U.S.C. 390h-4); and
                                  (II) projects identified in 
                                the San Francisco Bay Area 
                                Regional Water Recycling 
                                Program described in the San 
                                Francisco Bay Area Regional 
                                Water Recycling Program 
                                Recycled Water Master Plan, 
                                dated December 1999 and 
                                authorized by section 1611 of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-
                                9).
                          (ii) Deadline.--Not later than 180 
                        days after the date of enactment of 
                        this Act, the Secretary shall--
                                  (I) complete the review of 
                                the existing studies of the 
                                projects described in clause 
                                (i); and
                                  (II) make the feasibility 
                                determinations described in 
                                clause (iii).
                          (iii) Feasibility determinations.--A 
                        project described in clause (i) is 
                        presumed to be feasible if the 
                        Secretary determines for the project--
                                  (I) in consultation with the 
                                affected local sponsoring 
                                agency and the State, that the 
                                existing planning and 
                                environmental studies for the 
                                project (together with 
                                supporting materials and 
                                documentation) have been 
                                prepared consistent with Bureau 
                                of Reclamation procedures for 
                                projects under consideration 
                                for financial assistance under 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h 
                                et seq.); and
                                  (II) that the planning and 
                                environmental studies for the 
                                project (together with 
                                supporting materials and 
                                documentation) demonstrate that 
                                the project will contribute to 
                                the goals of improving water 
                                supply reliability in the 
                                Calfed solution area or the 
                                Colorado River Basin within the 
                                State and otherwise meets the 
                                requirements of section 1604 of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-
                                2).
                          (iv) Report.--Not later than 90 days 
                        after the date of completion of a 
                        feasibility study or the review of a 
                        feasibility study under this 
                        subparagraph, the Secretary shall 
                        submit to the appropriate authorizing 
                        and appropriating committees of the 
                        Senate and the House of Representatives 
                        a report describing the results of the 
                        study or review.
          (4) Water transfers.--Activities under this paragraph 
        consist of--
                  (A) increasing the availability of existing 
                facilities for water transfers;
                  (B) lowering transaction costs through permit 
                streamlining; and
                  (C) maintaining a water transfer information 
                clearinghouse.
          (5) Integrated regional water management plans.--
        Activities under this paragraph consist of assisting 
        local and regional communities in the State in 
        developing and implementing integrated regional water 
        management plans to carry out projects and programs 
        that improve water supply reliability, water quality, 
        ecosystem restoration, and flood protection, or meet 
        other local and regional needs, in a manner that is 
        consistent with, and makes a significant contribution 
        to, the Calfed Bay-Delta Program.
          (6) Ecosystem restoration.--
                  (A) In general.--Activities under this 
                paragraph consist of--
                          (i) implementation of large-scale 
                        restoration projects in San Francisco 
                        Bay and the Delta and its tributaries;
                          (ii) restoration of habitat in the 
                        Delta, San Pablo Bay, and Suisun Bay 
                        and Marsh, including tidal wetland and 
                        riparian habitat;
                          (iii) fish screen and fish passage 
                        improvement projects, including the 
                        Sacramento River Small Diversion Fish 
                        Screen Program;
                          (iv) implementation of an invasive 
                        species program, including prevention, 
                        control, and eradication;
                          (v) development and integration of 
                        Federal and State agricultural programs 
                        that benefit wildlife into the 
                        Ecosystem Restoration Program;
                          (vi) financial and technical support 
                        for locally-based collaborative 
                        programs to restore habitat while 
                        addressing the concerns of local 
                        communities;
                          (vii) water quality improvement 
                        projects to manage or reduce 
                        concentrations of salinity, selenium, 
                        mercury, pesticides, trace metals, 
                        dissolved oxygen, turbidity, sediment, 
                        and other pollutants;
                          (viii) land and water acquisitions to 
                        improve habitat and fish spawning and 
                        survival in the Delta and its 
                        tributaries;
                          (ix) integrated flood management, 
                        ecosystem restoration, and levee 
                        protection projects;
                          (x) scientific evaluations and 
                        targeted research on Program 
                        activities; and
                          (xi) strategic planning and tracking 
                        of Program performance.
                  (B) Reporting requirements.--The Secretary or 
                the head of the relevant Federal agency (as 
                appropriate under clause (ii)) shall provide to 
                the appropriate authorizing committees of the 
                Senate and the House of Representatives and 
                other appropriate parties in accordance with 
                this subparagraph--
                          (i) an annual ecosystem program plan 
                        report in accordance with subparagraph 
                        (C); and
                          (ii) detailed project reports in 
                        accordance with subparagraph (D).
                  (C) Annual ecosystem program plan.--
                          (i) In general.--Not later than 
                        October 1 of each year, with respect to 
                        each ecosystem restoration action 
                        carried out using Federal funds under 
                        this title, the Secretary, in 
                        consultation with the Governor, shall 
                        submit to the appropriate authorizing 
                        committees of the Senate and the House 
                        of Representatives an annual ecosystem 
                        program plan report.
                          (ii) Purposes.--The purposes of the 
                        report are--
                                  (I) to describe the projects 
                                and programs to implement this 
                                subsection in the following 
                                fiscal year; and
                                  (II) to establish priorities 
                                for funding the projects and 
                                programs for subsequent fiscal 
                                years.
                          (iii) Contents.--The report shall 
                        describe--
                                  (I) the goals and objectives 
                                of the programs and projects;
                                  (II) program accomplishments;
                                  (III) major activities of the 
                                programs;
                                  (IV) the Federal agencies 
                                involved in each project or 
                                program identified in the plan 
                                and the cost-share arrangements 
                                with cooperating agencies;
                                  (V) the resource data and 
                                ecological monitoring data to 
                                be collected for the 
                                restoration projects and how 
                                the data are to be integrated, 
                                streamlined, and designed to 
                                measure the effectiveness and 
                                overall trend of ecosystem 
                                health in the Bay-Delta 
                                watershed;
                                  (VI) implementation schedules 
                                and budgets;
                                  (VII) existing monitoring 
                                programs and performance 
                                measures;
                                  (VIII) the status and 
                                effectiveness of measures to 
                                minimize the impacts of the 
                                program on agricultural land; 
                                and
                                  (IX) a description of 
                                expected benefits of the 
                                restoration program relative to 
                                the cost.
                          (iv) Special rule for land 
                        acquisition using federal funds.--For 
                        each ecosystem restoration project 
                        involving land acquisition using 
                        Federal funds under this title, the 
                        Secretary shall--
                                  (I) identify the specific 
                                parcels to be acquired in the 
                                annual ecosystem program plan 
                                report under this subparagraph; 
                                or
                                  (II) not later than 150 days 
                                before the project is approved, 
                                provide to the appropriate 
                                authorizing committees of the 
                                Senate and the House of 
                                Representatives, the United 
                                States Senators from the State, 
                                and the United States 
                                Representative whose district 
                                would be affected, notice of 
                                any such proposed land 
                                acquisition using Federal funds 
                                under this title submitted to 
                                the Federal or State agency.
                  (D) Detailed project reports.--
                          (i) In general.--In the case of each 
                        ecosystem restoration program or 
                        project funded under this title that is 
                        not specifically identified in an 
                        annual ecosystem program plan under 
                        subparagraph (C), not later than 45 
                        days prior to approval, the Secretary, 
                        in coordination with the State, shall 
                        submit to the appropriate authorizing 
                        committees of the Senate and the House 
                        of Representatives recommendations on 
                        the proposed program or project.
                          (ii) Contents.--The recommendations 
                        shall--
                                  (I) describe the selection of 
                                the program or project, 
                                including the level of public 
                                involvement and independent 
                                science review;
                                  (II) describe the goals, 
                                objectives, and implementation 
                                schedule of the program or 
                                project, and the extent to 
                                which the program or project 
                                addresses regional and 
                                programmatic goals and 
                                priorities;
                                  (III) describe the monitoring 
                                plans and performance measures 
                                that will be used for 
                                evaluating the performance of 
                                the proposed program or 
                                project;
                                  (IV) identify any cost-
                                sharing arrangements with 
                                cooperating entities;
                                  (V) identify how the proposed 
                                program or project will comply 
                                with all applicable Federal and 
                                State laws, including the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                  (VI) in the case of any 
                                program or project involving 
                                the acquisition of private land 
                                using Federal funds under this 
                                title--
                                          (aa) describe the 
                                        process and timing of 
                                        notification of 
                                        interested members of 
                                        the public and local 
                                        governments;
                                          (bb) describe the 
                                        measures taken to 
                                        minimize impacts on 
                                        agricultural land 
                                        pursuant to the Record 
                                        of Decision; and
                                          (cc) include 
                                        preliminary management 
                                        plans for all 
                                        properties to be 
                                        acquired with Federal 
                                        funds, including an 
                                        overview of existing 
                                        conditions (including 
                                        habitat types in the 
                                        affected project area), 
                                        the expected ecological 
                                        benefits, preliminary 
                                        cost estimates, and 
                                        implementation 
                                        schedules.
          (7) Watersheds.--Activities under this paragraph 
        consist of--
                  (A) building local capacity to assess and 
                manage watersheds affecting the Delta system;
                  (B) technical assistance for watershed 
                assessments and management plans; and
                  (C) developing and implementing locally-based 
                watershed conservation, maintenance, and 
                restoration actions.
          (8) Water quality.--Activities under this paragraph 
        consist of--
                  (A) addressing drainage problems in the San 
                Joaquin Valley to improve downstream water 
                quality (including habitat restoration projects 
                that improve water quality) if--
                          (i) a plan is in place for monitoring 
                        downstream water quality improvements; 
                        and
                          (ii) State and local agencies are 
                        consulted on the activities to be 
                        funded;
                except that no right, benefit, or privilege is 
                created as a result of this subparagraph;
                  (B) implementation of source control programs 
                in the Delta and its tributaries;
                  (C) developing recommendations through 
                scientific panels and advisory council 
                processes to meet the Calfed Bay-Delta Program 
                goal of continuous improvement in Delta water 
                quality for all uses;
                  (D) investing in treatment technology 
                demonstration projects;
                  (E) controlling runoff into the California 
                aqueduct, the Delta-Mendota Canal, and other 
                similar conveyances;
                  (F) addressing water quality problems at the 
                North Bay Aqueduct;
                  (G) supporting and participating in the 
                development of projects to enable San Francisco 
                Bay Area water districts, and water entities in 
                San Joaquin and Sacramento Counties, to work 
                cooperatively to address their water quality 
                and supply reliability issues, including--
                          (i) connections between aqueducts, 
                        water transfers, water conservation 
                        measures, institutional arrangements, 
                        and infrastructure improvements that 
                        encourage regional approaches; and
                          (ii) investigations and studies of 
                        available capacity in a project to 
                        deliver water to the East Bay Municipal 
                        Utility District under its contract 
                        with the Bureau of Reclamation, dated 
                        July 20, 2001, in order to determine if 
                        such capacity can be utilized to meet 
                        the objectives of this subparagraph;
                  (H) development of water quality exchanges 
                and other programs to make high quality water 
                available for urban and other users;
                  (I) development and implementation of a plan 
                to meet all Delta water quality standards for 
                which the Federal and State water projects have 
                responsibility;
                  (J) development of recommendations through 
                science panels and advisory council processes 
                to meet the Calfed Bay-Delta Program goal of 
                continuous improvement in water quality for all 
                uses; and
                  (K) projects that are consistent with the 
                framework of the water quality component of the 
                Calfed Bay-Delta Program.
          (9) Science.--Activities under this paragraph consist 
        of--
                  (A) supporting establishment and maintenance 
                of an independent science board, technical 
                panels, and standing boards to provide 
                oversight and peer review of the Program;
                  (B) conducting expert evaluations and 
                scientific assessments of all Program elements;
                  (C) coordinating existing monitoring and 
                scientific research programs;
                  (D) developing and implementing adaptive 
                management experiments to test, refine, and 
                improve scientific understandings;
                  (E) establishing performance measures, and 
                monitoring and evaluating the performance of 
                all Program elements; and
                  (F) preparing an annual science report.
          (10) Diversification of water supplies.--Activities 
        under this paragraph consist of actions to diversify 
        sources of level 2 refuge supplies and modes of 
        delivery to refuges while maintaining the diversity of 
        level 4 supplies pursuant to section 3406(d)(2) of the 
        Central Valley Project Improvement Act (Public Law 102-
        575; 106 Stat. 4723).
  (e) New and Expanded Authorizations for Federal Agencies.--
          (1) In general.--The heads of the Federal agencies 
        described in this subsection are authorized to carry 
        out the activities described in subsection (f) during 
        each of fiscal years 2005 through [2019] 2020, in 
        coordination with the Governor.
          (2) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities 
        described in paragraphs (1), (2), and (4) of subsection 
        (f).
          (3) Administrator of the environmental protection 
        agency and the secretaries of agriculture and 
        commerce.--The Administrator of the Environmental 
        Protection Agency, the Secretary of Agriculture, and 
        the Secretary of Commerce are authorized to carry out 
        the activities described in subsection (f)(4).
          (4) Secretary of the army.--The Secretary of the Army 
        is authorized to carry out the activities described in 
        paragraphs (3) and (4) of subsection (f).
  (f) Description of Activities Under New and Expanded 
Authorizations.--
          (1) Conveyance.--Of the amounts authorized to be 
        appropriated under section 109, not more than 
        $184,000,000 may be expended for the following:
                  (A) San luis reservoir.--Funds may be 
                expended for feasibility studies, evaluation, 
                and implementation of the San Luis Reservoir 
                lowpoint improvement project, except that 
                Federal participation in any construction of an 
                expanded Pacheco Reservoir shall be subject to 
                future congressional authorization.
                  (B) Intertie.--Funds may be expended for 
                feasibility studies and evaluation of increased 
                capacity of the intertie between the State 
                Water Project California Aqueduct and the 
                Central Valley Project Delta Mendota Canal.
                  (C) Franks tract.--Funds may be expended for 
                feasibility studies and actions at Franks Tract 
                to improve water quality in the Delta.
                  (D) Clifton court forebay and the tracy 
                pumping plant.--Funds may be expended for 
                feasibility studies and design of fish screen 
                and intake facilities at Clifton Court Forebay 
                and the Tracy Pumping Plant facilities.
                  (E) Drinking water intake facilities.--
                          (i) In general.--Funds may be 
                        expended for design and construction of 
                        the relocation of drinking water intake 
                        facilities to in-Delta water users.
                          (ii) Drinking water quality.--The 
                        Secretary shall coordinate actions for 
                        relocating intake facilities on a time 
                        schedule consistent with subsection 
                        (d)(2)(A)(i)(I)(bb) or take other 
                        actions necessary to offset the 
                        degradation of drinking water quality 
                        in the Delta due to the South Delta 
                        Improvement Program.
                  (F) New melones reservoir.--
                          (i) In general.--In addition to the 
                        other authorizations granted to the 
                        Secretary by this title, the Secretary 
                        shall acquire water from willing 
                        sellers and undertake other actions 
                        designed to decrease releases from the 
                        New Melones Reservoir for meeting water 
                        quality standards and flow objectives 
                        for which the Central Valley Project 
                        has responsibility to assist in meeting 
                        allocations to Central Valley Project 
                        contractors from the New Melones 
                        Project.
                          (ii) Purpose.--The authorization 
                        under this subparagraph is solely meant 
                        to add flexibility for the Secretary to 
                        meet any obligations of the Secretary 
                        to the Central Valley Project 
                        contractors from the New Melones 
                        Project by reducing demand for water 
                        dedicated to meeting water quality 
                        standards in the San Joaquin River.
                          (iii) Funding.--Of the amounts 
                        authorized to be appropriated under 
                        section 109, not more than $30,000,000 
                        may be expended to carry out clause 
                        (i).
                  (G) Recirculation of export water.--Funds may 
                be used to conduct feasibility studies, 
                evaluate, and, if feasible, implement the 
                recirculation of export water to reduce 
                salinity and improve dissolved oxygen in the 
                San Joaquin River.
          (2) Environmental water account.--
                  (A) In general.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $90,000,000 may be expended for 
                implementation of the Environmental Water 
                Account.
                  (B) Nonreimbursable federal expenditure.--
                Expenditures under subparagraph (A) shall be 
                considered a nonreimbursable Federal 
                expenditure in recognition of the payments of 
                the contractors of the Central Valley Project 
                to the Restoration Fund created by the Central 
                Valley Project Improvement Act (Title XXXIV of 
                Public Law 102-575; 106 Stat. 4706).
                  (C) Use of restoration fund.--
                          (i) In general.--Of the amounts 
                        appropriated for the Restoration Fund 
                        for each fiscal year, an amount not to 
                        exceed $10,000,000 for any fiscal year 
                        may be used to implement the 
                        Environmental Water Account to the 
                        extent those actions are consistent 
                        with the fish and wildlife habitat 
                        restoration and improvement purposes of 
                        the Central Valley Project Improvement 
                        Act.
                          (ii) Accounting.--Any such use of the 
                        Restoration Fund shall count toward the 
                        33 percent of funds made available to 
                        the Restoration Fund that, pursuant to 
                        section 3407(a) of the Central Valley 
                        Project Improvement Act, are otherwise 
                        authorized to be appropriated to the 
                        Secretary to carry out paragraphs (4) 
                        through (6), (10) through (18), and 
                        (20) through (22) of section 3406(b) of 
                        that Act.
                          (iii) Federal funding.--The 
                        $10,000,000 limitation on the use of 
                        the Restoration Fund for the 
                        Environmental Water Account under 
                        clause (i) does not limit the 
                        appropriate amount of Federal funding 
                        for the Environmental Water Account.
          (3) Levee stability.--
                  (A) In general.--For purposes of implementing 
                the Calfed Bay-Delta Program), the Secretary of 
                the Army is authorized to undertake the 
                construction and implementation of levee 
                stability programs or projects for such 
                purposes as flood control, ecosystem 
                restoration, water supply, water conveyance, 
                and water quality objectives.
                  (B) Report.--Not later than 180 days after 
                the date of enactment of this Act, the 
                Secretary of the Army shall submit to the 
                appropriate authorizing and appropriating 
                committees of the Senate and the House of 
                Representatives a report that describes the 
                levee stability reconstruction projects and 
                priorities that will be carried out under this 
                title during each of fiscal years 2005 through 
                [2019] 2020.
                  (C) Justification.--
                          (i) In general.--Notwithstanding 
                        section 209 of the Flood Control Act of 
                        1970 (42 U.S.C. 1962-2), in carrying 
                        out levee stability programs and 
                        projects pursuant to this paragraph, 
                        the Secretary of the Army may determine 
                        that the programs and projects are 
                        justified by the benefits of the 
                        project purposes described in 
                        subparagraph (A), and the programs and 
                        projects shall require no additional 
                        economic justification if the Secretary 
                        of the Army further determines that the 
                        programs and projects are cost 
                        effective.
                          (ii) Applicability.--Clause (i) shall 
                        not apply to any separable element 
                        intended to produce benefits that are 
                        predominantly unrelated to the project 
                        purposes described in subparagraph (A).
                  (D) Projects.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $90,000,000 may be expended to--
                          (i) reconstruct Delta levees to a 
                        base level of protection (also known as 
                        the ``Public Law 84-99 standard'') as 
                        described in the Record of Decision;
                          (ii) enhance the stability of levees 
                        that have particular importance in the 
                        system through the Delta Levee Special 
                        Improvement Projects Program;
                          (iii) develop best management 
                        practices to control and reverse land 
                        subsidence on Delta islands;
                          (iv) develop a Delta Levee Emergency 
                        Management and Response Plan that will 
                        enhance the ability of Federal, State, 
                        and local agencies to rapidly respond 
                        to levee emergencies;
                          (v) develop a Delta Risk Management 
                        Strategy after assessing the 
                        consequences of Delta levee failure 
                        from floods, seepage, subsidence, and 
                        earthquakes;
                          (vi) reconstruct Delta levees using, 
                        to the maximum extent practicable, 
                        dredged materials from the Sacramento 
                        River, the San Joaquin River, and the 
                        San Francisco Bay in reconstructing 
                        Delta levees;
                          (vii) coordinate Delta levee projects 
                        with flood management, ecosystem 
                        restoration, and levee protection 
                        projects of the lower San Joaquin River 
                        and lower Mokelumne River floodway 
                        improvements and other projects under 
                        the Sacramento-San Joaquin 
                        Comprehensive Study; and
                          (viii) evaluate and, if appropriate, 
                        rehabilitate the Suisun Marsh levees.
          (4) Program management, oversight, and 
        coordination.--
                  (A) In general.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $25,000,000 may be expended by the 
                Secretary or the other heads of Federal 
                agencies, either directly or through grants, 
                contracts, or cooperative agreements with 
                agencies of the State, for--
                          (i) Program support;
                          (ii) Program-wide tracking of 
                        schedules, finances, and performance;
                          (iii) multiagency oversight and 
                        coordination of Program activities to 
                        ensure Program balance and integration;
                          (iv) development of interagency 
                        cross-cut budgets and a comprehensive 
                        finance plan to allocate costs in 
                        accordance with the beneficiary pays 
                        provisions of the Record of Decision;
                          (v) coordination of public outreach 
                        and involvement, including tribal, 
                        environmental justice, and public 
                        advisory activities in accordance with 
                        the Federal Advisory Committee Act (5 
                        U.S.C. App.); and
                          (vi) development of Annual Reports.
                  (B) Program-wide activities.--Of the amount 
                referred to in subparagraph (A), not less than 
                50 percent of the appropriated amount shall be 
                provided to the California Bay-Delta Authority 
                to carry out Program-wide management, 
                oversight, and coordination activities.

           *       *       *       *       *       *       *


SEC. 107. FEDERAL SHARE OF COSTS.

  (a) In General.--The Federal share of the cost of 
implementing the Calfed Bay-Delta Program for fiscal years 2005 
through [2019] 2020 in the aggregate, as set forth in the 
Record of Decision, shall not exceed 33.3 percent.
  (b) Payment for Benefits.--The Secretary shall ensure that 
all beneficiaries, including beneficiaries of environmental 
restoration and other Calfed program elements, shall pay for 
the benefit received from all projects or activities carried 
out under the Calfed Bay-Delta Program.
  (c) Integrated Resource Planning.--Federal expenditures for 
the Calfed Bay-Delta Program shall be implemented in a manner 
that encourages integrated resource planning.

           *       *       *       *       *       *       *


SEC. 109. AUTHORIZATION OF APPROPRIATION.

  There are authorized to be appropriated to the Secretary and 
the heads of the Federal agencies to pay the Federal share of 
the cost of carrying out the new and expanded authorities 
described in subsections (e) and (f) of section 103 
$389,000,000 for the period of fiscal years 2005 through [2019] 
2020, to remain available until expended.

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 111-11



           *       *       *       *       *       *       *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

           *       *       *       *       *       *       *


Subtitle B--Project Authorizations

           *       *       *       *       *       *       *


SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.

  (a) Findings and Purpose.--
          (1) Findings.--Congress finds that--
                  (A) drought, population increases, and 
                environmental needs are exacerbating water 
                supply issues across the western United States, 
                including the Rio Grande Basin in New Mexico;
                  (B) a report developed by the Bureau of 
                Reclamation and the Bureau of Indian Affairs in 
                2000 identified a serious need for the 
                rehabilitation and repair of irrigation 
                infrastructure of the Rio Grande Pueblos;
                  (C) inspection of existing irrigation 
                infrastructure of the Rio Grande Pueblos shows 
                that many key facilities, such as diversion 
                structures and main conveyance ditches, are 
                unsafe and barely, if at all, operable;
                  (D) the benefits of rehabilitating and 
                repairing irrigation infrastructure of the Rio 
                Grande Pueblos include--
                          (i) water conservation;
                          (ii) extending available water 
                        supplies;
                          (iii) increased agricultural 
                        productivity;
                          (iv) economic benefits;
                          (v) safer facilities; and
                          (vi) the preservation of the culture 
                        of Indian Pueblos in the State;
                  (E) certain Indian Pueblos in the Rio Grande 
                Basin receive water from facilities operated or 
                owned by the Bureau of Reclamation; and
                  (F) rehabilitation and repair of irrigation 
                infrastructure of the Rio Grande Pueblos would 
                improve--
                          (i) overall water management by the 
                        Bureau of Reclamation; and
                          (ii) the ability of the Bureau of 
                        Reclamation to help address potential 
                        water supply conflicts in the Rio 
                        Grande Basin.
          (2) Purpose.--The purpose of this section is to 
        direct the Secretary--
                  (A) to assess the condition of the irrigation 
                infrastructure of the Rio Grande Pueblos;
                  (B) to establish priorities for the 
                rehabilitation of irrigation infrastructure of 
                the Rio Grande Pueblos in accordance with 
                specified criteria; and
                  (C) to implement projects to rehabilitate and 
                improve the irrigation infrastructure of the 
                Rio Grande Pueblos.
  (b) Definitions.--In this section:
          (1)  2004 agreement.--The term ``2004 Agreement'' 
        means the agreement entitled ``Agreement By and Between 
        the United States of America and the Middle Rio Grande 
        Conservancy District, Providing for the Payment of 
        Operation and Maintenance Charges on Newly Reclaimed 
        Pueblo Indian Lands in the Middle Rio Grande Valley, 
        New Mexico'' and executed in September 2004 (including 
        any successor agreements and amendments to the 
        agreement).
          (2) Designated engineer.--The term ``designated 
        engineer'' means a Federal employee designated under 
        the Act of February 14, 1927 (69 Stat. 1098, chapter 
        138) to represent the United States in any action 
        involving the maintenance, rehabilitation, or 
        preservation of the condition of any irrigation 
        structure or facility on land located in the Six Middle 
        Rio Grande Pueblos.
          (3) District.--The term ``District'' means the Middle 
        Rio Grande Conservancy District, a political 
        subdivision of the State established in 1925.
          (4) Pueblo irrigation infrastructure.--The term 
        ``Pueblo irrigation infrastructure'' means any 
        diversion structure, conveyance facility, or drainage 
        facility that is--
                  (A) in existence as of the date of enactment 
                of this Act; and
                  (B) located on land of a Rio Grande Pueblo 
                that is associated with--
                          (i) the delivery of water for the 
                        irrigation of agricultural land; or
                          (ii) the carriage of irrigation 
                        return flows and excess water from the 
                        land that is served.
          (5) Rio grande basin.--The term ``Rio Grande Basin'' 
        means the headwaters of the Rio Chama and the Rio 
        Grande Rivers (including any tributaries) from the 
        State line between Colorado and New Mexico downstream 
        to the elevation corresponding with the spillway crest 
        of Elephant Butte Dam at 4,457.3 feet mean sea level.
          (6) Rio grande pueblo.--The term ``Rio Grande 
        Pueblo'' means any of the 18 Pueblos that--
                  (A) occupy land in the Rio Grande Basin; and
                  (B) are included on the list of federally 
                recognized Indian tribes published by the 
                Secretary in accordance with section 104 of the 
                Federally Recognized Indian Tribe List Act of 
                1994 (25 U.S.C. 479a-1).
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the 
        Commissioner of Reclamation.
          (8) Six middle rio grande pueblos.--The term ``Six 
        Middle Rio Grande Pueblos'' means each of the Pueblos 
        of Cochiti, Santo Domingo, San Felipe, Santa Ana, 
        Sandia, and Isleta.
          (9) Special project.--The term ``special project'' 
        has the meaning given the term in the 2004 Agreement.
          (10) State.--The term ``State'' means the State of 
        New Mexico.
  (c) Irrigation Infrastructure Study.--
          (1) Study.--
                  (A) In general.--On the date of enactment of 
                this Act, the Secretary, in accordance with 
                subparagraph (B), and in consultation with the 
                Rio Grande Pueblos, shall--
                          (i) conduct a study of Pueblo 
                        irrigation infrastructure; and
                          (ii) based on the results of the 
                        study, develop a list of projects 
                        (including a cost estimate for each 
                        project), that are recommended to be 
                        implemented over a 10-year period to 
                        repair, rehabilitate, or reconstruct 
                        Pueblo irrigation infrastructure.
                  (B) Required consent.--In carrying out 
                subparagraph (A), the Secretary shall only 
                include each individual Rio Grande Pueblo that 
                notifies the Secretary that the Pueblo consents 
                to participate in--
                          (i) the conduct of the study under 
                        subparagraph (A)(i); and
                          (ii) the development of the list of 
                        projects under subparagraph (A)(ii) 
                        with respect to the Pueblo.
          (2) Priority.--
                  (A) Consideration of factors.--
                          (i) In general.--In developing the 
                        list of projects under paragraph 
                        (1)(A)(ii), the Secretary shall--
                                  (I) consider each of the 
                                factors described in 
                                subparagraph (B); and
                                  (II) prioritize the projects 
                                recommended for implementation 
                                based on--
                                          (aa) a review of each 
                                        of the factors; and
                                          (bb) a consideration 
                                        of the projected 
                                        benefits of the project 
                                        on completion of the 
                                        project.
                          (ii) Eligibility of projects.--A 
                        project is eligible to be considered 
                        and prioritized by the Secretary if the 
                        project addresses at least 1 factor 
                        described in subparagraph (B).
                  (B) Factors.--The factors referred to in 
                subparagraph (A) are--
                          (i)(I) the extent of disrepair of the 
                        Pueblo irrigation infrastructure; and
                          (II) the effect of the disrepair on 
                        the ability of the applicable Rio 
                        Grande Pueblo to irrigate agricultural 
                        land using Pueblo irrigation 
                        infrastructure;
                          (ii) whether, and the extent that, 
                        the repair, rehabilitation, or 
                        reconstruction of the Pueblo irrigation 
                        infrastructure would provide an 
                        opportunity to conserve water;
                          (iii)(I) the economic and cultural 
                        impacts that the Pueblo irrigation 
                        infrastructure that is in disrepair has 
                        on the applicable Rio Grande Pueblo; 
                        and
                          (II) the economic and cultural 
                        benefits that the repair, 
                        rehabilitation, or reconstruction of 
                        the Pueblo irrigation infrastructure 
                        would have on the applicable Rio Grande 
                        Pueblo;
                          (iv) the opportunity to address water 
                        supply or environmental conflicts in 
                        the applicable river basin if the 
                        Pueblo irrigation infrastructure is 
                        repaired, rehabilitated, or 
                        reconstructed; and
                          (v) the overall benefits of the 
                        project to efficient water operations 
                        on the land of the applicable Rio 
                        Grande Pueblo.
          (3) Consultation.--In developing the list of projects 
        under paragraph (1)(A)(ii), the Secretary shall consult 
        with the Director of the Bureau of Indian Affairs 
        (including the designated engineer with respect to each 
        proposed project that affects the Six Middle Rio Grande 
        Pueblos), the Chief of the Natural Resources 
        Conservation Service, and the Chief of Engineers to 
        evaluate the extent to which programs under the 
        jurisdiction of the respective agencies may be used--
                  (A) to assist in evaluating projects to 
                repair, rehabilitate, or reconstruct Pueblo 
                irrigation infrastructure; and
                  (B) to implement--
                          (i) a project recommended for 
                        implementation under paragraph 
                        (1)(A)(ii); or
                          (ii) any other related project 
                        (including on-farm improvements) that 
                        may be appropriately coordinated with 
                        the repair, rehabilitation, or 
                        reconstruction of Pueblo irrigation 
                        infrastructure to improve the efficient 
                        use of water in the Rio Grande Basin.
          (4) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Resources of the House of 
        Representatives a report that includes--
                  (A) the list of projects recommended for 
                implementation under paragraph (1)(A)(ii); and
                  (B) any findings of the Secretary with 
                respect to--
                          (i) the study conducted under 
                        paragraph (1)(A)(i);
                          (ii) the consideration of the factors 
                        under paragraph (2)(B); and
                          (iii) the consultations under 
                        paragraph (3).
          (5) Periodic review.--Not later than 4 years after 
        the date on which the Secretary submits the report 
        under paragraph (4) and every 4 years thereafter, the 
        Secretary, in consultation with each Rio Grande Pueblo, 
        shall--
                  (A) review the report submitted under 
                paragraph (4); and
                  (B) update the list of projects described in 
                paragraph (4)(A) in accordance with each factor 
                described in paragraph (2)(B), as the Secretary 
                determines to be appropriate.
  (d) Irrigation Infrastructure Grants.--
          (1) In general.--The Secretary may provide grants to, 
        and enter into contracts or other agreements with, the 
        Rio Grande Pueblos to plan, design, construct, or 
        otherwise implement projects to repair, rehabilitate, 
        reconstruct, or replace Pueblo irrigation 
        infrastructure that are recommended for implementation 
        under subsection (c)(1)(A)(ii)--
                  (A) to increase water use efficiency and 
                agricultural productivity for the benefit of a 
                Rio Grande Pueblo;
                  (B) to conserve water; or
                  (C) to otherwise enhance water management or 
                help avert water supply conflicts in the Rio 
                Grande Basin.
          (2) Limitation.--Assistance provided under paragraph 
        (1) shall not be used for--
                  (A) the repair, rehabilitation, or 
                reconstruction of any major impoundment 
                structure; or
                  (B) any on-farm improvements.
          (3) Consultation.--In carrying out a project under 
        paragraph (1), the Secretary shall--
                  (A) consult with, and obtain the approval of, 
                the applicable Rio Grande Pueblo;
                  (B) consult with the Director of the Bureau 
                of Indian Affairs; and
                  (C) as appropriate, coordinate the project 
                with any work being conducted under the 
                irrigation operations and maintenance program 
                of the Bureau of Indian Affairs.
          (4) Cost-sharing requirement.--
                  (A) Federal share.--
                          (i) In general.--Except as provided 
                        in clause (ii), the Federal share of 
                        the total cost of carrying out a 
                        project under paragraph (1) shall be 
                        not more than 75 percent.
                          (ii) Exception.--The Secretary may 
                        waive or limit the non-Federal share 
                        required under clause (i) if the 
                        Secretary determines, based on a 
                        demonstration of financial hardship by 
                        the Rio Grande Pueblo, that the Rio 
                        Grande Pueblo is unable to contribute 
                        the required non-Federal share.
                  (B) District contributions.--
                          (i) In general.--The Secretary may 
                        accept from the District a partial or 
                        total contribution toward the non-
                        Federal share required for a project 
                        carried out under paragraph (1) on land 
                        located in any of the Six Middle Rio 
                        Grande Pueblos if the Secretary 
                        determines that the project is a 
                        special project.
                          (ii) Limitation.--Nothing in clause 
                        (i) requires the District to contribute 
                        to the non-Federal share of the cost of 
                        a project carried out under paragraph 
                        (1).
                  (C) State contributions.--
                          (i) In general.--The Secretary may 
                        accept from the State a partial or 
                        total contribution toward the non-
                        Federal share for a project carried out 
                        under paragraph (1).
                          (ii) Limitation.--Nothing in clause 
                        (i) requires the State to contribute to 
                        the non-Federal share of the cost of a 
                        project carried out under paragraph 
                        (1).
                  (D) Form of non-federal share.--The non-
                Federal share under subparagraph (A)(i) may be 
                in the form of in-kind contributions, including 
                the contribution of any valuable asset or 
                service that the Secretary determines would 
                substantially contribute to a project carried 
                out under paragraph (1).
          (5) Operation and maintenance.--The Secretary may not 
        use any amount made available under subsection (g)(2) 
        to carry out the operation or maintenance of any 
        project carried out under paragraph (1).
  (e) Effect on Existing Authority and Responsibilities.--
Nothing in this section--
          (1) affects any existing project-specific funding 
        authority; or
          (2) limits or absolves the United States from any 
        responsibility to any Rio Grande Pueblo (including any 
        responsibility arising from a trust relationship or 
        from any Federal law (including regulations), Executive 
        order, or agreement between the Federal Government and 
        any Rio Grande Pueblo).
  (f) Effect on Pueblo Water Rights or State Water Law.--
          (1) Pueblo water rights.--Nothing in this section 
        (including the implementation of any project carried 
        out in accordance with this section) affects the right 
        of any Pueblo to receive, divert, store, or claim a 
        right to water, including the priority of right and the 
        quantity of water associated with the water right under 
        Federal or State law.
          (2) State water law.--Nothing in this section 
        preempts or affects--
                  (A) State water law; or
                  (B) an interstate compact governing water.
  (g) Authorization of Appropriations.--
          (1) Study.--There is authorized to be appropriated to 
        carry out subsection (c) $4,000,000.
          (2) Projects.--There is authorized to be appropriated 
        to carry out subsection (d) $6,000,000 for each of 
        fiscal years 2010 through [2019] 2020.

           *       *       *       *       *       *       *

                              ----------                              


                     CLAIMS RESOLUTION ACT OF 2010



           *       *       *       *       *       *       *
TITLE III--WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION

           *       *       *       *       *       *       *


SEC. 309. WAIVERS AND RELEASES OF CLAIMS.

  (a) In general.---
          (1) Claims against the state and others.--Except for 
        the specifically retained claims described in 
        subsection (b)(1), the Tribe, on behalf of itself and 
        its members, and the United States, acting in its 
        capacity as trustee for the Tribe and its members, as 
        part of the performance of the respective obligations 
        of the United States and the Tribe under the Agreement, 
        are authorized to execute a waiver and release of any 
        claims against the State (or any agency or political 
        subdivision of the State), or any other person, entity, 
        corporation, or municipal corporation under Federal, 
        State, or other law for all--
                  (A)(i) past, present, and future claims for 
                water rights for the reservation and off-
                reservation trust land arising from time 
                immemorial and, thereafter, forever; and
                  (ii) past, present, and future claims for 
                water rights arising from time immemorial and, 
                thereafter, forever, that are based on 
                aboriginal occupancy of land by the Tribe, its 
                members, or their predecessors;
                  (B)(i) past and present claims for injury to 
                water rights for the reservation and off-
                reservation trust land arising from time 
                immemorial through the enforceability date;
                  (ii) past, present, and future claims for 
                injury to water rights arising from time 
                immemorial and, thereafter, forever, that are 
                based on aboriginal occupancy of land by the 
                Tribe, its members, or their predecessors; and
                  (iii) claims for injury to water rights 
                arising after the enforceability date for the 
                reservation and off-reservation trust land 
                resulting from off-reservation diversion or use 
                of water in a manner that is not in violation 
                of the Agreement or State law; and
                  (C) past, present, and future claims arising 
                out of, or relating in any manner to, the 
                negotiation, execution, or adoption of the 
                Agreement, an applicable settlement judgement 
                or decree, or this title.
          (2) Claims against tribe.--Except for the 
        specifically retained claims described in subsection 
        (b)(3), the United States, in all capacities (except as 
        trustee for an Indian tribe other than the Tribe), as 
        part of the performance of its obligations under the 
        Agreement, is authorized to execute a waiver and 
        release of any and all claims against the Tribe, its 
        members, or any agency, official, or employee of the 
        Tribe, under Federal, State, or any other law for all--
                  (A) past and present claims for injury to 
                water rights resulting from the diversion or 
                use of water on the reservation and on off-
                reservation trust land arising from time 
                immemorial through the enforceability date;
                  (B) claims for injury to water rights arising 
                after the enforceability date resulting from 
                the diversion or use of water on the 
                reservation and on off-reservation trust land 
                in a manner that is not in violation of the 
                Agreement; and
                  (C) past, present, and future claims arising 
                out of or related in any manner to the 
                negotiation, execution, or adoption of the 
                Agreement, an applicable settlement judgement 
                or decree, or this title.
          (3) Claims against united states.--Except for the 
        specifically retained claims described in subsection 
        (b)(2), the Tribe, on behalf of itself and its members, 
        as part of the performance of the obligations of the 
        Tribe under the Agreement, is authorized to execute a 
        waiver and release of any claim against the United 
        States, including agencies, officials, or employees of 
        the United States (except in the capacity of the United 
        States as trustee for other Indian tribes), under 
        Federal, State, or other law for any and all--
                  (A)(i) past, present, and future claims for 
                water rights for the reservation and off-
                reservation trust land arising from time 
                immemorial and, thereafter, forever; and
                  (ii) past, present, and future claims for 
                water rights arising from time immemorial and, 
                thereafter, forever that are based on 
                aboriginal occupancy of land by the Tribe, its 
                members, or their predecessors;
                  (B)(i) past and present claims relating in 
                any manner to damages, losses, or injuries to 
                water, water rights, land, or other resources 
                due to loss of water or water rights (including 
                damages, losses, or injuries to hunting, 
                fishing, gathering, or cultural rights due to 
                loss of water or water rights, claims relating 
                to interference with, diversion, or taking of 
                water, or claims relating to failure to 
                protect, acquire, or develop water, water 
                rights, or water infrastructure) within the 
                reservation and off-reservation trust land that 
                first accrued at any time prior to the 
                enforceability date;
                  (ii) past, present, and future claims for 
                injury to water rights arising from time 
                immemorial and, thereafter, forever that are 
                based on aboriginal occupancy of land by the 
                Tribe, its members, or their predecessors; and
                  (iii) claims for injury to water rights 
                arising after the enforceability date for the 
                reservation and off-reservation trust land 
                resulting from the off-reservation diversion or 
                use of water in a manner that is not in 
                violation of the Agreement or applicable law;
                  (C) past, present, and future claims arising 
                out of, or relating in any manner to, the 
                negotiation, execution, or adoption of the 
                Agreement, an applicable settlement judgment or 
                decree, or this title;
                  (D) past and present claims relating in any 
                manner to pending litigation of claims relating 
                to the water rights of the Tribe for the 
                reservation and off-reservation trust land;
                  (E) past and present claims relating to the 
                operation, maintenance, and replacement of 
                existing irrigation systems on the reservation 
                constructed prior to the enforceability date 
                that first accrued at any time prior to the 
                enforceability date, which waiver shall only 
                become effective on the full appropriation and 
                payment to the Tribe of $4,950,000 of the 
                amounts made available under section 
                312(b)(2)(B);
                  (F) any claims relating to operation, 
                maintenance, and replacement of the WMAT rural 
                water system, which waiver shall only become 
                effective on the date on which funds are made 
                available under section 312(b)(3)(B) and 
                deposited in the WMAT Maintenance Fund;
                  (G) past and present breach of trust and 
                negligence claims for damage to the land and 
                natural resources of the Tribe caused by 
                riparian and other vegetative manipulation by 
                the United States for the purpose of increasing 
                water runoff from the reservation that first 
                accrued at any time prior to the enforceability 
                date; and
                  (H) past and present claims for trespass, 
                use, and occupancy of the reservation in, on, 
                and along the Black River that first accrued at 
                any time prior to the enforceability date.
          (4) Effect on boundary claims.--Nothing in this title 
        expands, diminishes, or impacts any claims the Tribe 
        may assert, or any defense the United States may 
        assert, concerning title to land outside the most 
        current survey, as of the date of enactment of this 
        Act, of the northern boundary of the reservation.
  (b) Reservation of Rights and Retention of Claims.--
          (1) Reservation of rights and retention of claims by 
        tribe and united states.--
                  (A) In general.--Notwithstanding the waiver 
                and release of claims authorized under 
                subsection (a)(1), the Tribe, on behalf of 
                itself and its members, and the United States, 
                acting as trustee for the Tribe and its 
                members, shall retain any right--
                          (i) subject to subparagraph 16.9 of 
                        the Agreement, to assert claims for 
                        injuries to, and seek enforcement of, 
                        the rights of the Tribe and its members 
                        under the Agreement or this title in 
                        any Federal or State court of competent 
                        jurisdiction;
                          (ii) to assert claims for injuries 
                        to, and seek enforcement of, the rights 
                        of the Tribe under the judgment and 
                        decree entered by the court in the Gila 
                        River adjudication proceedings;
                          (iii) to assert claims for injuries 
                        to, and seek enforcement of, the rights 
                        of the Tribe under the judgment and 
                        decree entered by the court in the 
                        Little Colorado River adjudication 
                        proceedings;
                          (iv) to object to any claims by or 
                        for any other Indian tribe, Indian 
                        community or nation, or dependent 
                        Indian community, or the United States 
                        on behalf of such a tribe, community, 
                        or nation;
                          (v) to participate in the Gila River 
                        adjudication proceedings and the Little 
                        Colorado River adjudication proceedings 
                        to the extent provided in subparagraph 
                        14.1 of the Agreement;
                          (vi) to assert any claims arising 
                        after the enforceability date for 
                        injury to water rights not specifically 
                        waived under this section;
                          (vii) to assert any past, present, or 
                        future claim for injury to water rights 
                        against any other Indian tribe, Indian 
                        community or nation, dependent Indian 
                        community, allottee, or the United 
                        States on behalf of such a tribe, 
                        community, nation, or allottee;
                          (viii) to assert any past, present, 
                        or future claim for trespass, use, and 
                        occupancy of the reservation in, on, or 
                        along the Black River against Freeport- 
                        McMoRan Copper & Gold, Inc., Phelps 
                        Dodge Corporation, or Phelps Dodge 
                        Morenci, Inc. (or a predecessor or 
                        successor of those entities), including 
                        all subsidiaries and affiliates of 
                        those entities; and
                          (ix) to assert claims arising after 
                        the enforceability date for injury to 
                        water rights resulting from the pumping 
                        of water from land located within 
                        national forest land as of the date of 
                        the Agreement in the south \1/2\ of T. 
                        9 N., R. 24 E., the south \1/2\ of T. 9 
                        N., R. 25 E., the north \1/2\ of T. 8 
                        N., R. 24 E., or the north \1/2\ of T. 
                        8 N., R. 25 E., if water from the land 
                        is used on the land or is transported 
                        off the land for municipal, commercial, 
                        or industrial use.
                  (B) Agreement.--On terms acceptable to the 
                Tribe and the United States, the Tribe and the 
                United States are authorized to enter into an 
                agreement with Freeport-McMoRan Copper & Gold, 
                Inc., Phelps Dodge Corporation, or Phelps Dodge 
                Morenci, Inc. (or a predecessor or successor of 
                those entities), including all subsidiaries and 
                affiliates of those entities, to resolve the 
                claims of the Tribe relating to the trespass, 
                use, and occupancy of the reservation in, on, 
                and along the Black River.
          (2) Reservation of rights and retention of claims by 
        tribe against united states.--Notwithstanding the 
        waiver and release of claims authorized under 
        subsection (a)(3), the Tribe, on behalf of itself and 
        its members, shall retain any right--
                  (A) subject to subparagraph 16.9 of the 
                Agreement, to assert claims for injuries to, 
                and seek enforcement of, the rights of the 
                Tribe and its members under the Agreement or 
                this title, in any Federal or State court of 
                competent jurisdiction;
                  (B) to assert claims for injuries to, and 
                seek enforcement of, the rights of the Tribe 
                and members under the judgment and decree 
                entered by the court in the Gila River 
                adjudication proceedings;
                  (C) to assert claims for injuries to, and 
                seek enforcement of, the rights of the Tribe 
                and members under the judgment and decree 
                entered by the court in the Little Colorado 
                River adjudication proceedings;
                  (D) to object to any claims by or for any 
                other Indian tribe, Indian community or nation, 
                or dependent Indian community, or the United 
                States on behalf of such a tribe, community, or 
                nation;
                  (E) to assert past, present, or future claims 
                for injury to water rights or any other claims 
                other than a claim to water rights, against any 
                other Indian tribe, Indian community or nation, 
                or dependent Indian community, or the United 
                States on behalf of such a tribe, community, or 
                nation;
                  (F) to assert claims arising after the 
                enforceability date for injury to water rights 
                resulting from the pumping of water from land 
                located within national forest land as of the 
                date of the Agreement in the south \1/2\ of T. 
                9 N., R. 24 E., the south \1/2\ of T. 9 N., R. 
                25 E., the north \1/2\ of T. 8 N., R. 24 E., or 
                the north \1/2\ of T. 8 N., R. 25 E., if water 
                from that land is used on the land or is 
                transported off the land for municipal, 
                commercial, or industrial use;
                  (G) to assert any claims arising after the 
                enforceability date for injury to water rights 
                not specifically waived under this section;
                  (H) to seek remedies and to assert any other 
                claims not specifically waived under this 
                section; and
                  (I) to assert any claim arising after the 
                enforceability date for a future taking by the 
                United States of reservation land, off-
                reservation trust land, or any property rights 
                appurtenant to that land, including any water 
                rights set forth in paragraph 4.0 of the 
                Agreement.
          (3) Reservation of rights and retention of claims by 
        united states.--Notwithstanding the waiver and release 
        of claims authorized under subsection (a)(2), the 
        United States shall retain any right to assert any 
        claim not specifically waived in that subsection.
  (c) Effectiveness of Waiver and Releases.--Except as 
otherwise specifically provided in subparagraphs (E) and (F) of 
subsection (a)(3), the waivers and releases under subsection 
(a) shall become effective on the enforceability date.
  (d) Enforceability date.--
          (1) In general.--This section takes effect on the 
        date on which the Secretary publishes in the Federal 
        Register a statement of findings that--
                  (A)(i) to the extent that the Agreement 
                conflicts with this title, the Agreement has 
                been revised through an amendment to eliminate 
                the conflict; and
                  (ii) the Agreement, as so revised, has been 
                executed by the Secretary, the Tribe, and the 
                Governor of the State;
                  (B) the Secretary has fulfilled the 
                requirements of sections 305 and 306;
                  (C) the amount made available under section 
                312(a) has been deposited in the White Mountain 
                Apache Tribe Water Rights Settlement 
                Subaccount;
                  (D) the State funds described in subparagraph 
                13.3 of the Agreement have been deposited in 
                the White Mountain Apache Tribe Water Rights 
                Settlement Subaccount;
                  (E) the Secretary has issued a record of 
                decision approving the construction of the WMAT 
                rural water system in a configuration 
                substantially similar to that described in 
                section 307;
                  (F) the judgments and decrees substantially 
                in the form of those attached to the Agreement 
                as exhibits 12.9.6.1 and 12.9.6.2 have been 
                approved by the respective trial courts; and
                  (G) the waivers and releases authorized and 
                set forth in subsection (a) have been executed 
                by the Tribe and the Secretary.
          (2) Failure of enforceability date to occur.--If the 
        Secretary does not publish a statement of findings 
        under paragraph (1) by April 30, [2021] 2023--
                  (A) this title is repealed effective May 1, 
                [2021] 2023, and any activity by the Secretary 
                to carry out this title shall cease;
                  (B) any amounts made available under section 
                312 shall immediately revert to the general 
                fund of the Treasury;
                  (C) any other amounts deposited in the White 
                Mountain Apache Tribe Water Rights Settlement 
                Subaccount (including any amounts paid by the 
                State in accordance with the Agreement), 
                together with any interest accrued on those 
                amounts, shall immediately be returned to the 
                respective sources of those funds; and
                  (D) the Tribe and its members, and the United 
                States, acting as trustee for the Tribe and its 
                members, shall retain the right to assert past, 
                present, and future water rights claims and 
                claims for injury to water rights for the 
                reservation and off-reservation trust land.
          (3) No additional rights to water.--Beginning on the 
        enforceability date, all land held by the United States 
        in trust for the Tribe and its members shall have no 
        rights to water other than those specifically 
        quantified for the Tribe and the United States, acting 
        as trustee for the Tribe and its members, for the 
        reservation and off-reservation trust land pursuant to 
        paragraph 4.0 of the Agreement.
  (e) United States Enforcement Authority.--Nothing in this 
title or the Agreement affects any right of the United States 
to take any action, including environmental actions, under any 
laws (including regulations and the common law) relating to 
human health, safety, or the environment.
  (f) No Effect on Water Rights.--Except as provided in 
paragraphs (1)(A)(ii), (1)(B)(ii), (3)(A)(ii), and (3)(B)(ii) 
of subsection (a), nothing in this title affects any rights to 
water of the Tribe, its members, or the United States, acting 
as trustee for the Tribe and its members, for land outside the 
boundaries of the reservation or the off-reservation trust 
land.
  (g) Entitlements.--Any entitlement to water of the Tribe, its 
members, or the United States, acting as trustee for the Tribe 
and its members, relating to the reservation or off-reservation 
trust land shall be satisfied from the water resources granted, 
quantified, confirmed, or recognized with respect to the Tribe, 
its members, and the United States by the Agreement and this 
title.
  (h) Objection Prohibited.--Except as provided in paragraphs 
(1)(A)(ix) and (2)(F) of subsection (b), the Tribe and the 
United States, acting as trustee for the Tribe shall not--
          (1) object to the use of any well located outside the 
        boundaries of the reservation or the off-reservation 
        trust land in existence on the enforceability date; or
          (2) object to, dispute, or challenge after the 
        enforceability date the drilling of any well or the 
        withdrawal and use of water from any well in the Little 
        Colorado River adjudication proceedings, the Gila River 
        adjudication proceedings, or any other judicial or 
        administrative proceeding.

           *       *       *       *       *       *       *


SEC. 311. MISCELLANEOUS PROVISIONS.

  (a) Limited Waiver of Sovereign Immunity.--
          (1) In general.--In the case of a civil action 
        described in paragraph (2)--
                  (A) the United States or the Tribe, or both, 
                may be joined in the civil action; and
                  (B) any claim by the United States or the 
                Tribe to sovereign immunity from the civil 
                action is waived for the sole purpose of 
                resolving any issue regarding the 
                interpretation or enforcement of this title or 
                the Agreement.
          (2) Description of civil action.--A civil action 
        referred to in paragraph (1) is a civil action filed--
                  (A) by any party to the Agreement or 
                signatory to an exhibit to the Agreement in a 
                United States or State court that--
                          (i) relates solely and directly to 
                        the interpretation or enforcement of 
                        this title or the Agreement; and
                          (ii) names as a party the United 
                        States or the Tribe; or
                  (B) by a landowner or water user in the Gila 
                River basin or Little Colorado River basin in 
                the State that--
                          (i) relates solely and directly to 
                        the interpretation or enforcement of 
                        section 309 of this title and paragraph 
                        12.0 of the Agreement; and
                          (ii) names as a party the United 
                        States or the Tribe.
  (b) Effect of title.--Nothing in this title quantifies or 
otherwise affects any water right or claim or entitlement to 
water of any Indian tribe, band, or community other than the 
Tribe.
  (c) Limitation on Liability of United States.--
          (1) In general.--The United States shall have no 
        trust or other obligation--
                  (A) to monitor, administer, or account for, 
                in any manner, any amount paid to the Tribe by 
                any party to the Agreement other than the 
                United States; or
                  (B) to review or approve the expenditure of 
                those funds.
          (2) Indemnification.--The Tribe shall indemnify the 
        United States, and hold the United States harmless, 
        with respect to any claim (including claims for takings 
        or breach of trust) arising out of the receipt or 
        expenditure of funds described in paragraph (1)(A).
  (d) Applicability of Reclamation Reform Act.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other 
acreage limitation or full-cost pricing provision under Federal 
law shall not apply to any individual, entity, or land solely 
on the basis of--
          (1) receipt of any benefit under this title;
          (2) the execution or performance of the Agreement; or
          (3) the use, storage, delivery, lease, or exchange of 
        CAP water.
  (e) Secretarial Power Sites.--The portions of the following 
named secretarial power site reserves that are located on the 
Fort Apache Indian Reservation or the San Carlos Apache 
Reservation, as applicable, shall be transferred and restored 
into the name of the Tribe or the San Carlos Apache Tribe, 
respectively:
          (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 
        27 E.).
          (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 
        26 E.; T. 3 N., R. 26 E.).
          (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 
        4\1/2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ 
        N., R. 21 E.; T. 5 N., R. 19 E.).
          (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
          (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 
        E.).
          (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 
        16 E.).
  (f) No Effect on Future Allocations.--Water received under a 
lease or exchange of tribal CAP water under this title shall 
not affect any future allocation or reallocation of CAP water 
by the Secretary.
  (g) After-acquired Trust Land.--
          (1) Requirement of act of congress.--
                  (A) Legal title.--Subject to subparagraph 
                (B), after the enforceability date, if the 
                Tribe seeks to have legal title to additional 
                land in the State located outside the exterior 
                boundaries of the reservation taken into trust 
                by the United States for the benefit of the 
                Tribe, the Tribe may do so only pursuant to an 
                Act of Congress specifically authorizing the 
                transfer for the benefit of the Tribe.
                  (B) Exceptions.--Subparagraph (A) shall not 
                apply to--
                          (i) the restoration of land to the 
                        reservation subsequently and finally 
                        determined to be part of the 
                        reservation through resolution of any 
                        dispute between the Tribe and the 
                        United States over the location of the 
                        reservation boundary, unless required 
                        by Federal law; or
                          (ii) off-reservation trust land 
                        acquired prior to January 1, 2008.
          (2) Water rights.--
                  (A) In general.--After-acquired trust land 
                that is located outside the reservation shall 
                not include federally reserved rights to 
                surface water or groundwater.
                  (B) Restored land.--Land that is restored to 
                the reservation as the result of the resolution 
                of any reservation boundary dispute between the 
                Tribe and the United States, or any fee simple 
                land within the reservation that is placed into 
                trust, shall have water rights pursuant to 
                section 308(b).
          (3) Acceptance of land in trust status.--
                  (A) In general.--If the Tribe acquires legal 
                fee title to land that is located within the 
                exterior boundaries of the reservation, the 
                Secretary shall accept the land in trust status 
                for the benefit of the Tribe in accordance with 
                applicable Federal law (including regulations) 
                for such real estate acquisitions.
                  (B) Reservation status.--Land held in trust 
                by the Secretary under subparagraph (A), or 
                restored to the reservation as a result of 
                resolution of a boundary dispute between the 
                Tribe and the United States, shall be deemed to 
                be part of the reservation.
  (h) Conforming Amendment.--Section 3(b)(2) of the White 
Mountain Apache Tribe Rural Water System Loan Authorization Act 
(Public Law 110-390; 122 Stat. 4191) is amended by striking 
``January 1, 2013'' and inserting ``May 1, [2021] 2023''.

           *       *       *       *       *       *       *

                              ----------                              


                     MERCURY EXPORT BAN ACT OF 2008

(Public Law 110-414)

           *       *       *       *       *       *       *


SEC. 5. LONG-TERM STORAGE.

  (a) Designation of Facility.--
          (1) In general.--Not later than January 1, 2010, the 
        Secretary of Energy (referred to in this section as the 
        ``Secretary'') shall designate a facility or facilities 
        of the Department of Energy, which shall not include 
        the Y-12 National Security Complex or any other portion 
        or facility of the Oak Ridge Reservation of the 
        Department of Energy, for the purpose of long-term 
        management and storage of elemental mercury generated 
        within the United States.
          (2) Operation of facility.--Not later than January 1, 
        2019, the facility designated in paragraph (1) shall be 
        operational and shall accept custody, for the purpose 
        of long-term management and storage, of elemental 
        mercury generated within the United States and 
        delivered to such facility.
  (b) Fees.--
          (1) In general.--
                  (A) Assessment and collection.--After 
                consultation with persons who are likely to 
                deliver elemental mercury to a designated 
                facility for long-term management and storage 
                under the program prescribed in subsection (a), 
                and with other interested persons, the 
                Secretary shall assess and collect a fee at the 
                time of delivery for providing such management 
                and storage, based on the pro rata cost of 
                long-term management and storage of elemental 
                mercury delivered to the facility.
                  (B) Amount.--The amount of the fees described 
                in subparagraph (A)--
                          (i) shall be made publically 
                        available not later than October 1, 
                        2018;
                          (ii) may be adjusted annually;
                          (iii) shall be set in an amount 
                        sufficient to cover the costs described 
                        in paragraph (2), subject to clause 
                        (iv); and
                          (iv) for generators temporarily 
                        accumulating elemental mercury in a 
                        facility subject to subparagraphs (B) 
                        and (D)(iv) of subsection (g)(2) if the 
                        facility designated in subsection (a) 
                        is not operational by January 1, 2019, 
                        shall be adjusted to subtract the cost 
                        of the temporary accumulation during 
                        the period in which the facility 
                        designated under subsection (a) is not 
                        operational.
                  (C) Conveyance of title and permitting.--If 
                the facility designated in subsection (a) is 
                not operational by January 1, 2020, the 
                Secretary--
                          (i) shall immediately accept the 
                        conveyance of title to all elemental 
                        mercury that has accumulated in 
                        facilities in accordance with 
                        subsection (g)(2)(D), before January 1, 
                        2020, and deliver the accumulated 
                        mercury to the facility designated 
                        under subsection (a) on the date on 
                        which the facility becomes operational;
                          (ii) shall pay any applicable Federal 
                        permitting costs, including the costs 
                        for permits issued under section 
                        3005(c) of the Solid Waste Disposal Act 
                        (42 U.S.C. 6925(c)); and
                          (iii) shall store, or pay the cost of 
                        storage of, until the time at which a 
                        facility designated in subsection (a) 
                        is operational, accumulated mercury to 
                        which the Secretary has title under 
                        this subparagraph in a facility that 
                        has been issued a permit under section 
                        3005(c) of the Solid Waste Disposal Act 
                        (42 U.S.C. 6925(c)).
          (2) Costs.--The costs referred to in paragraph 
        (1)(B)(iii) are the costs to the Department of Energy 
        of providing such management and storage, including 
        facility operation and maintenance, security, 
        monitoring, reporting, personnel, administration, 
        inspections, training, fire suppression, closure, and 
        other costs required for compliance with applicable 
        law. Such costs shall not include costs associated with 
        land acquisition or permitting of a designated facility 
        under the Solid Waste Disposal Act or other applicable 
        law. Building design and building construction costs 
        shall only be included to the extent that the Secretary 
        finds that the management and storage of elemental 
        mercury accepted under the program under this section 
        cannot be accomplished without construction of a new 
        building or buildings.
          (3) Mercury storage revolving fund.--There is hereby 
        established the Mercury Storage Revolving Fund which 
        shall be available without fiscal year limitation. 
        Notwithstanding section 3302 of title 31, United States 
        Code, receipts received from fees described under this 
        subsection shall be credited to this account as 
        offsetting collections, to be available for carrying 
        out the long-term management and storage of elemental 
        mercury generated within the United States without 
        further appropriation.
  (c) Report.--Not later than 60 days after the end of each 
Federal fiscal year, the Secretary shall transmit to the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report on all of the costs incurred in 
the previous fiscal year associated with the long-term 
management and storage of elemental mercury. Such report shall 
set forth separately the costs associated with activities taken 
under this section.
  (d) Management Standards for a Facility.--
          (1) Guidance.--Not later than October 1, 2009, the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency and all appropriate 
        State agencies in affected States, shall make 
        available, including to potential users of the long-
        term management and storage program established under 
        subsection (a), guidance that establishes procedures 
        and standards for the receipt, management, and long-
        term storage of elemental mercury at a designated 
        facility or facilities, including requirements to 
        ensure appropriate use of flasks or other suitable 
        shipping containers. Such procedures and standards 
        shall be protective of human health and the environment 
        and shall ensure that the elemental mercury is stored 
        in a safe, secure, and effective manner. In addition to 
        such procedures and standards, elemental mercury 
        managed and stored under this section at a designated 
        facility shall be subject to the requirements of the 
        Solid Waste Disposal Act, including the requirements of 
        subtitle C of that Act, except as provided in 
        subsection (g)(2) of this section. A designated 
        facility is authorized to operate under interim status 
        pursuant to section 3005(e) of the Solid Waste Disposal 
        Act until a final decision on a permit application is 
        made pursuant to section 3005(c) of the Solid Waste 
        Disposal Act. Not later than January 1, 2020, the 
        Administrator of the Environmental Protection Agency 
        (or an authorized State) shall issue a final decision 
        on the permit application.
          (2) Training.--The Secretary shall conduct 
        operational training and emergency training for all 
        staff that have responsibilities related to elemental 
        mercury management, transfer, storage, monitoring, or 
        response.
          (3) Equipment.--The Secretary shall ensure that each 
        designated facility has all equipment necessary for 
        routine operations, emergencies, monitoring, checking 
        inventory, loading, and storing elemental mercury at 
        the facility.
          (4) Fire detection and suppression systems.--The 
        Secretary shall--
                  (A) ensure the installation of fire detection 
                systems at each designated facility, including 
                smoke detectors and heat detectors; and
                  (B) ensure the installation of a permanent 
                fire suppression system, unless the Secretary 
                determines that a permanent fire suppression 
                system is not necessary to protect human health 
                and the environment.
  (e) Indemnification of Persons Delivering Elemental 
Mercury.--
          (1) In general.--(A) Except as provided in 
        subparagraph (B) and subject to paragraph (2), the 
        Secretary shall hold harmless, defend, and indemnify in 
        full any person who delivers elemental mercury to a 
        designated facility under the program established under 
        subsection (a) from and against any suit, claim, demand 
        or action, liability, judgment, cost, or other fee 
        arising out of any claim for personal injury or 
        property damage (including death, illness, or loss of 
        or damage to property or economic loss) that results 
        from, or is in any manner predicated upon, the release 
        or threatened release of elemental mercury as a result 
        of acts or omissions occurring after such mercury is 
        delivered to a designated facility described in 
        subsection (a).
          (B) To the extent that a person described in 
        subparagraph (A) contributed to any such release or 
        threatened release, subparagraph (A) shall not apply.
          (2) Conditions.--No indemnification may be afforded 
        under this subsection unless the person seeking 
        indemnification--
                  (A) notifies the Secretary in writing within 
                30 days after receiving written notice of the 
                claim for which indemnification is sought;
                  (B) furnishes to the Secretary copies of 
                pertinent papers the person receives;
                  (C) furnishes evidence or proof of any claim, 
                loss, or damage covered by this subsection; and
                  (D) provides, upon request by the Secretary, 
                access to the records and personnel of the 
                person for purposes of defending or settling 
                the claim or action.
          (3) Authority of secretary.--(A) In any case in which 
        the Secretary determines that the Department of Energy 
        may be required to make indemnification payments to a 
        person under this subsection for any suit, claim, 
        demand or action, liability, judgment, cost, or other 
        fee arising out of any claim for personal injury or 
        property damage referred to in paragraph (1)(A), the 
        Secretary may settle or defend, on behalf of that 
        person, the claim for personal injury or property 
        damage.
          (B) In any case described in subparagraph (A), if the 
        person to whom the Department of Energy may be required 
        to make indemnification payments does not allow the 
        Secretary to settle or defend the claim, the person may 
        not be afforded indemnification with respect to that 
        claim under this subsection.
  (f) Terms, Conditions, and Procedures.--The Secretary is 
authorized to establish such terms, conditions, and procedures 
as are necessary to carry out this section.
  (g) Effect on Other Law.--
          (1) In general.--Except as provided in paragraph (2), 
        nothing in this section changes or affects any Federal, 
        State, or local law or the obligation of any person to 
        comply with such law.
          (2) Exception.--(A) Elemental mercury that the 
        Secretary is storing on a long-term basis shall not be 
        subject to the storage prohibition of section 3004(j) 
        of the Solid Waste Disposal Act (42 U.S.C. 6924(j)). 
        For the purposes of section 3004(j) of the Solid Waste 
        Disposal Act, a generator accumulating elemental 
        mercury destined for a facility designated by the 
        Secretary under subsection (a) for 90 days or less 
        shall be deemed to be accumulating the mercury to 
        facilitate proper treatment, recovery, or disposal.
          (B) Elemental mercury may be stored at a facility 
        with respect to which any permit has been issued under 
        section 3005(c) of the Solid Waste Disposal Act (42 
        U.S.C. 6925(c)), and shall not be subject to the 
        storage prohibition of section 3004(j) of the Solid 
        Waste Disposal Act (42 U.S.C. 6924(j)) if--
                  (i) the Secretary is unable to accept the 
                mercury at a facility designated by the 
                Secretary under subsection (a) for reasons 
                beyond the control of the owner or operator of 
                the permitted facility;
                  (ii) the owner or operator of the permitted 
                facility certifies in writing to the Secretary 
                that it will ship the mercury to the designated 
                facility when the Secretary is able to accept 
                the mercury; and
                  (iii) the owner or operator of the permitted 
                facility certifies in writing to the Secretary 
                that it will not sell, or otherwise place into 
                commerce, the mercury.
                  (C) Subparagraph (B) shall not apply to 
                mercury with respect to which the owner or 
                operator of the permitted facility fails to 
                comply with a certification provided under 
                clause (ii) or (iii) of that subparagraph.
                  (D) A generator producing elemental mercury 
                incidentally from the beneficiation or 
                processing of ore or related pollution control 
                activities may accumulate the mercury produced 
                onsite that is destined for a facility 
                designated by the Secretary under subsection 
                (a) for more than 90 days without a permit 
                issued under section 3005(c) of the Solid Waste 
                Disposal Act (42 U.S.C. 6925(c)), and shall not 
                be subject to the storage prohibition of 
                section 3004(j) of that Act (42 U.S.C. 
                6924(j)), if--
                          (i) the Secretary is unable to accept 
                        the mercury at a facility designated by 
                        the Secretary under subsection (a) for 
                        reasons beyond the control of the 
                        generator;
                          (ii) the generator certifies in 
                        writing to the Secretary that the 
                        generator will ship the mercury to a 
                        designated facility when the Secretary 
                        is able to accept the mercury;
                          (iii) the generator certifies in 
                        writing to the Secretary that the 
                        generator is storing only mercury the 
                        generator has produced or recovered 
                        onsite and will not sell, or otherwise 
                        place into commerce, the mercury; and
                          (iv) the generator has obtained an 
                        identification number under section 
                        262.12 of title 40, Code of Federal 
                        Regulations, and complies with the 
                        requirements described in paragraphs 
                        (1) through (4) of section 262.34(a) of 
                        title 40, Code of Federal Regulations 
                        (as in effect on the date of enactment 
                        of this subparagraph).
                  (E) Management standards for temporary 
                storage.--Not later than January 1, 2017, the 
                Secretary, after consultation with the 
                Administrator of the Environmental Protection 
                Agency and State agencies in affected States, 
                shall develop and make available guidance that 
                establishes procedures and standards for the 
                management and short-term storage of elemental 
                mercury at a generator covered under 
                subparagraph (D), including requirements to 
                ensure appropriate use of flasks or other 
                suitable containers. Such procedures and 
                standards shall be protective of health and the 
                environment and shall ensure that the elemental 
                mercury is stored in a safe, secure, and 
                effective manner. A generator may accumulate 
                mercury in accordance with subparagraph (D) 
                immediately upon enactment of this 
                subparagraph, and notwithstanding that guidance 
                called for by this paragraph has not been 
                developed or made available.
  (h) Study.--Not later than July 1, 2014, the Secretary shall 
transmit to the Congress the results of a study, conducted in 
consultation with the Administrator of the Environmental 
Protection Agency, that--
          (1) determines the impact of the long-term storage 
        program under this section on mercury recycling; and
          (2) includes proposals, if necessary, to mitigate any 
        negative impact identified under paragraph (1).

           *       *       *       *       *       *       *


                  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........................  .................  .................  .................            155,000
EERE Program Direction..............               2006            110,500            164,198            163,521
EERE Weatherization Activities......               2012          1,400,000             68,000            293,500
EERE State Energy Programs..........               2012            125,000             50,000             70,000
Nuclear Energy......................               2009            495,000            792,000          1,317,808
Nuclear Energy Infrastructure and                  2009            145,000            245,000            319,000
 Facilities.........................
Fossil Energy.......................               2009            641,000            727,320            740,000
Naval Petroleum and Oil Shale                      2019             10,000             10,000             14,000
 Reserves...........................
Strategic Petroleum Reserve.........               2003      not specified            172,856            214,000
Northeast Home Heating Oil Reserve..               2003      not specified              6,000             10,000
Energy Information Administration...               1984      not specified             55,870            128,000
Office of Science...................               2013          6,007,000          4,876,000          6,870,000
Advanced Technology Vehicle                        2012      not specified              6,000              5,000
 Manufacturing Program..............
Non-Defense Environmental Cleanup:
    West Valley Demonstration.......               1981              5,000              5,000             75,215
Departmental Administration.........               1984            246,963            185,682            171,000
Atomic Energy Defense Activities:
    National Nuclear Security
     Administration:................
        Weapons Activities..........               2019         11,192,664         11,100,000         11,760,800
        Defense Nuclear                            2019          1,847,429          1,930,000          2,079,930
         Nonproliferation...........
        Naval Reactors..............               2019          1,788,618          1,788,618          1,628,551
        Federal Salaries and                       2019            404,529            410,000            425,000
         Expenses...................
Defense Environmental Cleanup.......               2018          5,440,106          5,988,048          5,993,650
Other Defense Activities............               2018            816,000            840,000            901,261
    Defense Nuclear Waste Disposal..               2018             30,000                  0                  0
Power Marketing Administrations:
    Southwestern....................               1984             40,254             36,229             10,400
    Western Area....................               1984            259,700            194,630             89,196
Federal Energy Regulatory Commission               1984      not specified             29,582                  0
Defense Nuclear Facilities Safety                  2018             30,600             31,000             31,000
 Board..............................
Delta Regional Authority............               2018             30,000             25,000             15,000
Northern Border Regional Commission.               2018             30,000             15,000             22,000
Southeast Crescent Regional                        2018             30,000                250                250
 Commission.........................
Nuclear Regulatory Commission.......               1985            460,000            448,200           130,032
----------------------------------------------------------------------------------------------------------------
\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, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

Department or Activity                                            Amount
Department of Energy: Western Area Power Administration.......   176,000

                   Comparison With Budget Resolution

    Section 308(a)(1)(A) of the Congressional Budget Act of 
1974 (P.L. 93-344), as amended, requires the report 
accompanying a bill providing new budget authority to contain a 
statement comparing the levels in the bill to the 
suballocations submitted under section 302(b) of the Act for 
the most recently agreed to concurrent resolution on the budget 
for the applicable fiscal year.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                302(b) Allocation                         This Bill
                                     ---------------------------------------------------------------------------
                                       Budget Authority       Outlays        Budget Authority       Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill
 with Committee allocations to its
 subcommittee: Subcommittee on
 Energy and Water Development, and
 Related Agencies
    Discretionary...................             46,413             44,800             46,413             44,659
    Mandatory.......................                  0                  0               0\1\                  0
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority.

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget Act of 1974 (P.L. 93-344), as amended, the 
following table contains five-year projections associated with 
the budget authority provided in the accompanying bill.

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Outlays
----------------------------------------------------------------------------------------------------------------
Projection of outlays associated
 with the recommendation:
    2020............................  .................  .................  .................          \1\25,943
    2021............................  .................  .................  .................             13,112
    2022............................  .................  .................  .................              5,286
    2023............................  .................  .................  .................              1,148
    2024 and future years...........  .................  .................  .................                727
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.

          Financial Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget Act of 1974 (P.L. 93-344), as amended, the 
Congressional Budget Office has provided the following 
estimates of new budget authority and outlays provided by the 
accompanying bill for financial assistance to State and local 
governments.

                        [In millions of dollars]
------------------------------------------------------------------------
                                                 Budget
                                              Authority        Outlays
------------------------------------------------------------------------
Financial assistance to State and local           183\1\               0
 governments for 2020...................
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.

                           COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--
    The following hearings were used to develop or consider the 
Energy and Water Development and Related Agencies 
Appropriations Act, 2020:
    The Subcommittee on Energy and Water Development and 
Related Agencies held an oversight hearing on February 7, 2019, 
entitled ``Energy Trends and Outlook.'' The Subcommittee 
received testimony from:
    The Honorable Linda Capuano Administrator, Energy 
Information Administration
    Dr. Jay Hakes, Author of A Declaration of Energy 
Independence, Former Administrator, Energy Information 
Administration
    Ethan Zindler, Head of Americas and Policy Analysis, 
Bloomberg New Energy Finance
    Amy Myers Jaffe, Program Director for Energy Security and 
Climate Change, Council on Foreign Relations
    Matt Sonnesyn, Vice President for Infrastructure, Energy, & 
Environment, Business Roundtable
    The Subcommittee on Energy and Water Development and 
Related Agencies held an oversight hearing on February 13, 
2019, entitled ``Department of Energy's Weatherization 
Assistance Program.'' The Subcommittee received testimony from:
    Annamaria Garcia, Director, Weatherization and 
Intergovernmental Programs, U.S. Department of Energy
    Michael Furze, Assistant Director, Energy Division, 
Washington State Department of Commerce
    Amy Klusmeier, Director, Weatherization Assistance Program, 
National Association for State Community Services Program
    Terry Jacobs, Housing and Energy Director, Great Lakes 
Community Action Partnership
    The Subcommittee on Energy and Water Development and 
Related Agencies held an oversight hearing on March 7, 2019, 
entitled ``Energy Workforce Opportunities and Challenges.'' The 
Subcommittee received testimony from:
    Morgan Smith, Chief Executive Officer, Consolidated Nuclear 
Security, LLC
    Dr. Noel Bakhtian, Director, Center for Advanced Energy 
Studies
    Sloane Evans, Center for Energy Workforce Development and 
Senior Vice President, Georgia Power & Southern Company
    Donnie Colston, Director of Utility Departments, 
International Brotherhood of Electrical Workers
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 26, 2019, 
entitled ``Department of Energy's Budget Request for Fiscal 
Year 2020.'' The Subcommittee received testimony from:
    The Honorable Rick Perry, Secretary of the Department of 
Energy
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 27, 2019, 
entitled ``U.S. Army Corps of Engineers and Bureau of 
Reclamation's Budget Request for Fiscal Year 2020.'' The 
Subcommittee received testimony from:
    The Honorable R.D. James, Assistant Secretary of the Army 
for Civil Works, U.S. Army Corps of Engineers
    Lt. Gen. Todd Semonite, Commanding General and Chief of 
Engineers, U.S. Army Corps of Engineers
    The Honorable Timothy Petty, Assistant Secretary for Water 
and Science, U.S. Department of the Interior
    The Honorable Brenda Burman, Commissioner, Bureau of 
Reclamation
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on April 2, 2019, 
entitled ``Department of Energy, National Nuclear Security 
Administration's Budget Request for Fiscal Year 2020.'' The 
Subcommittee received testimony from:
    The Honorable Lisa E. Gordon-Hagerty, Under Secretary for 
Nuclear Security & Administrator, National Nuclear Security 
Administration
    The Honorable Charles Verdon, Deputy Administrator for 
Defense Programs, National Nuclear Security Administration
    The Honorable Brent Park, Deputy Administrator for Defense 
Nuclear Nonproliferation, National Nuclear Security 
Administration
    Admiral James ``Frank'' Caldwell, Deputy Administrator for 
Office of Naval Reactors, National Nuclear Security 
Administration
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on April 3, 2019, 
entitled ``Department of Energy's FY 2020 Budget Request Under 
Secretaries of Energy for Energy and Science.'' The 
Subcommittee received testimony from:
    The Honorable Mark W. Menezes, Under Secretary of Energy, 
U.S. Department of Energy
    The Honorable Paul Dabbar, Under Secretary for Science, 
U.S. Department of Energy
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on April 9, 2019 
entitled ``Member Day Hearing.'' The Subcommittee received 
testimony from:
    The Honorable Rick W. Allen, Member of Congress
    The Honorable Earl L. ``Buddy'' Carter, Member of Congress
    The Honorable TJ Cox, Member of Congress
    The Honorable Rodney Davis, Member of Congress
    The Honorable Jeff Duncan, Member of Congress
    The Honorable Jenniffer Gonzalez-Colon, Member of Congress
    The Honorable Kay Granger, Member of Congress
    The Honorable Garret Graves, Member of Congress
    The Honorable H. Morgan Griffith, Member of Congress
    The Honorable Jim Hagedorn, Member of Congress
    The Honorable Mike Johnson, Member of Congress
    The Honorable Conor Lamb, Member of Congress
    The Honorable Brian J. Mast, Member of Congress
    The Honorable Jerry McNerney, Member of Congress
    The Honorable Debbie Mucarsel-Powell, Member of Congress
    The Honorable Tom O'Halleran, Member of Congress
    The Honorable Pete Olson, Member of Congress
    The Honorable Scott H. Peters, Member of Congress
    The Honorable Raul Ruiz, Member of Congress
    The Honorable Steve Scalise, Member of Congress
    The Honorable John Shimkus, Member of Congress
    The Honorable Dina Titus, Member of Congress
    The Honorable Fred Upton, Member of Congress
    The Honorable Joe Wilson, Member of Congress
    The Honorable Robert J. Wittman, Member of Congress
    
    

                             MINORITY VIEWS

    As reported by the Committee, the Energy and Water 
Development and Related Agencies Appropriations bill for fiscal 
year 2020 provides a total of $46,413,000,000 for the programs 
within the bill. Of this amount, total defense funding is 
$23,113,000,000, a reduction of $107,098,000 below the budget 
request and an increase of $673,000,000 above fiscal year 2019, 
and total non-defense funding is $23,300,000,000, an increase 
of $8,461,056,000 above the budget request and $1,100,000,000 
above fiscal year 2019. We appreciate the efforts of the 
Majority to address issues of importance to Members of both 
sides of the aisle in the bill and report. Unfortunately, due 
to concerns about spending levels and policy decisions 
contained in the bill, we are unable to support the bill as 
written at this time.
    The bill continues investments in our nation's water 
resources infrastructure, including harbor maintenance 
activities, flood and storm damage reduction efforts, and 
critical water storage projects. With Republican support, the 
manager's amendment incorporated a recently-submitted budget 
amendment by increasing funding for Everglades Restoration. The 
bill provides funding for basic science research within the 
Department of Energy's Office of Science, which is important to 
keep the national laboratories and America's researchers at the 
forefront of global scientific discovery. While we support all 
of these programs, the appropriateness of specific funding 
levels depends on the broader budgetary backdrop.
    We are troubled that the Majority party's budget framework 
does not reflect a bipartisan, bicameral agreement. That 
framework puts the Federal government on track to add to the 
national debt when it is already more than $22,000,000,000,000. 
In addition, the Majority framework continues the misguided 
notion that increases to defense spending must be matched or 
exceeded by increases to non-defense spending. It supports more 
than twice as much additional funding in fiscal year 2020 for 
non-defense programs as for defense programs. In the Energy and 
Water Development bill specifically, a bill that was roughly 
half defense and half non-defense spending in fiscal year 2019, 
the increase for non-defense programs is more than one and one-
half-times the increase for defense programs.
    We need to come together with the Senate and the 
Administration to reach an agreement on the topline funding 
level before we allocate funding among the various 
appropriations bills. We should see how the Energy and Water 
Development bill fits into the larger picture before moving 
forward.
    In addition to overall funding concerns, Republican Members 
of the Committee were disappointed by certain policy provisions 
and funding decisions made within the bill. House Republicans 
will continue to work to address these issues as the 
appropriations process continues.
    Reflective of the Majority's disproportionate increase for 
non-defense funding compared to defense funding, the bill does 
not sufficiently prioritize funding for nuclear weapons 
activities. We must uphold our nation's strong nuclear 
deterrence posture, and to do that, we must adequately fund the 
activities necessary to maintain a safe, reliable, and 
effective stockpile. Yet the bill is $647,000,000 below the 
budget request for Weapons Activities, including a reduction of 
$406,919,000 for Directed Stockpile Work.
    With respect to non-defense programs, the Majority has 
stated an intent to focus on technologies to address climate 
change. The Subcommittee held several hearings at which 
witnesses and Members of both parties discussed the necessity 
of advanced nuclear technologies in any kind of low-carbon 
energy future. Yet the bill leaves nuclear energy research and 
development funding essentially flat.
    Republican Members of the Committee supported efforts to 
improve the way the bill addresses water supply reliability. At 
the request of Congressman Ken Calvert, the manager's amendment 
increased funding for WIIN Act water storage projects. We are 
disappointed, however, with the Majority's decision to throw 
away opportunities to enhance water security in the drought-
prone West. The Shasta Dam and Reservoir Enlargement project 
was recommended by the Department of the Interior to receive 
previously-appropriated funding under the WIIN Act. The 
Majority, however, chose to exclude this project from the bill, 
and an amendment by Congressman Calvert to add the project to 
the bill was defeated on a party-line vote.
    Finally, we are concerned that the bill does not include 
any funding to advance the Yucca Mountain license application 
process and instead offers a false promise of interim storage 
as a solution to the nuclear waste issue. Funding for interim 
storage alone cannot solve the issue of nuclear waste disposal, 
especially since current law strictly limits federal action in 
this area. Additionally, interim storage locations will be much 
more difficult to site if there are no assurances of permanent 
disposal, as the interim sites would become de facto permanent 
sites. Continuing the Yucca Mountain licensing process is a 
necessary step in establishing a permanent repository for our 
nation's defense and commercial nuclear waste.
    Currently, spent nuclear fuel and high-level radioactive 
waste is temporarily stored at 121 locations across 39 states. 
While these locations provide safe storage, they were never 
intended to be permanent. This material needs to be relocated 
to a more secure, safe, and permanent facility. Continuing--and 
completing--the licensing process is how we ensure an 
authoritative scientific decision, not a political decision, on 
the safety of Yucca Mountain.
    Over the past few decades, electricity customers across the 
country have paid roughly $41 billion, with accrued interest, 
into the Nuclear Waste Fund for permanent disposal of nuclear 
waste. Due to the political decision to halt advancement of a 
permanent repository, however, it is taxpayers who currently 
are paying approximately $2.2 million per day--more than $800 
million per year--to cover the costs of temporary, on-site 
storage.
    An amendment by Subcommittee Ranking Member Mike Simpson 
proposed funding for the Department of Energy and the Nuclear 
Regulatory Commission to continue the licensing process. We 
were pleased to see four of our Democratic colleagues support 
the amendment. We had hoped for broader support since just last 
year 340 Members of the House, including 16 Members currently 
serving on the other side of the aisle on this Committee, voted 
to approve H.R. 3053 to jumpstart the Yucca Mountain project. 
Although the amendment did not pass, we will continue to work 
with Members on both sides of the aisle to address this issue 
as the appropriations process continues. It is beyond time we 
complete the Yucca Mountain license application process. The 
public deserves answers on the long-term safety of the Yucca 
site.
    Despite our disagreements over the issues discussed above, 
we appreciate the Majority's willingness to address Member 
priorities in the bill and report. The Subcommittee has a long-
standing tradition of bipartisanship, and we will continue to 
work in good faith with our colleagues as we proceed through 
the appropriations process. By working together, we can best 
address the needs of the Nation.
                                   Kay Granger.
                                   Michael K. Simpson.