[House Report 118-126]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      118-126

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



 
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2024

                                _______
                                

 June 30, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 4394]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for energy and water development for the fiscal 
year ending September 30, 2024, and for other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Introduction...............................................
                                                                      5
I. Department of Defense--Civil:...........................     1
                                                                      8
        Corps of Engineers--Civil:.........................     2
                                                                      8
                Investigations.............................     2
                                                                     15
                Construction...............................     3
                                                                     25
                Mississippi River and Tributaries..........     4
                                                                     34
                Operation and Maintenance..................     4
                                                                     38
                Regulatory Program.........................     6
                                                                     65
                Formerly Utilized Sites Remedial Action 
                    Program................................     6
                                                                     66
                Flood Control and Coastal Emergencies......     7
                                                                     66
                Expenses...................................     7
                                                                     66
                Office of the Assistant Secretary of the 
                    Army (Civil Works).....................     8
                                                                     67
                Water Infrastructure Finance and Innovation 
                    Program................................     8
                                                                     68
        General Provisions.................................     9
                                                                     68
II. Department of the Interior:............................    16
                                                                     69
        Central Utah Project:..............................    16
                                                                     69
                Central Utah Project Completion Account....    16
                                                                     69
        Bureau of Reclamation:.............................    17
                                                                     69
                Water and Related Resources................    17
                                                                     70
                Central Valley Project Restoration Fund....    19
                                                                     83
                California Bay-Delta Restoration...........    20
                                                                     83
                Policy and Administration..................    21
                                                                     83
        General Provisions.................................    21
                                                                     84
III. Department of Energy:.................................    25
                                                                     84
        Introduction.......................................    25
                                                                     84
        Committee Recommendations..........................
                                                                     84
        Energy Programs:...................................    25
                                                                     88
                Energy Efficiency and Renewable Energy.....    25
                                                                     88
                Cybersecurity, Energy Security, and 
                    Emergency Response.....................    26
                                                                    101
                Electricity................................    26
                                                                    102
                Nuclear Energy.............................    27
                                                                    104
                Fossil Energy Research and Development.....    27
                                                                    109
                Naval Petroleum and Oil Shale Reserves.....    28
                                                                    113
                Strategic Petroleum Reserve................    28
                                                                    114
                Northeast Home Heating Oil Reserve.........    29
                                                                    114
                Energy Information Administration..........    29
                                                                    114
                Non-Defense Environmental Cleanup..........    29
                                                                    114
                Uranium Enrichment Decontamination and 
                    Decommissioning Fund...................    30
                                                                    115
                Science....................................    30
                                                                    115
                Nuclear Waste Disposal.....................    31
                                                                    122
                Technology Transitions.....................    31
                                                                    122
                Clean Energy Demonstrations................    31
                                                                    123
                Advanced Research Projects Agency--Energy..    31
                                                                    123
                Title 17 Innovative Technology Loan 
                    Guarantee Program......................    32
                                                                    124
                Advanced Technology Vehicles Manufacturing 
                    Loan Program...........................    33
                                                                    124
                Tribal Energy Loan Guarantee Program.......    33
                                                                    124
                Indian Energy Policy and Programs..........    34
                                                                    125
                Departmental Administration................    34
                                                                    125
                Office of the Inspector General............    35
                                                                    126
        Atomic Energy Defense Activities:..................    35
                                                                    127
        National Nuclear Security Administration:..........    35
                                                                    127
                Weapons Activities.........................    35
                                                                    128
                Defense Nuclear Nonproliferation...........    36
                                                                    132
                Naval Reactors.............................    36
                                                                    133
                Federal Salaries and Expenses..............    37
                                                                    133
        Environmental and Other Defense Activities.........    37
                                                                    134
                Defense Environmental Cleanup..............    37
                                                                    134
                Other Defense Activities...................    37
                                                                    135
        Power Marketing Administrations:...................    38
                                                                    135
                Bonneville Power Administration............    38
                                                                    136
                Southeastern Power Administration..........    38
                                                                    136
                Southwestern Power Administration..........    40
                                                                    136
                Western Area Power Administration..........    41
                                                                    136
                Falcon and Amistad Operating and 
                    Maintenance Fund.......................    43
                                                                    137
        Federal Energy Regulatory Commission...............    44
                                                                    137
        Committee Recommendation...........................
                                                                    137
        General Provisions.................................    45
                                                                    184
IV. Independent Agencies:..................................    58
                                                                    185
        Appalachian Regional Commission....................    58
                                                                    185
        Defense Nuclear Facilities Safety Board............    58
                                                                    185
        Delta Regional Authority...........................    58
                                                                    186
        Denali Commission..................................    59
                                                                    186
        Northern Border Regional Commission................    60
                                                                    187
        Southeast Crescent Regional Commission.............    60
                                                                    187
        Southwest Border Regional Commission...............    60
                                                                    187
        Great Lakes Authority..............................    60
                                                                    188
        Nuclear Regulatory Commission......................    61
                                                                    188
        Nuclear Waste Technical Review Board...............    62
                                                                    191
        General Provisions.................................    62
                                                                    191
V. Water for California:...................................    64
                                                                    191
VI. General Provisions:....................................    94
                                                                    192
House of Representatives Report Requirements...............
                                                                    193

                SUMMARY OF ESTIMATES AND RECOMMENDATIONS

    The Committee has considered budget estimates, which are 
contained in the Budget of the United States Government, Fiscal 
Year 2024. The following table summarizes appropriations for 
fiscal year 2023, the budget estimates, and amounts recommended 
in the bill for fiscal year 2024.


                              INTRODUCTION

    The Energy and Water Development and Related Agencies 
Appropriations bill for fiscal year 2024 totals 
$52,378,000,000, $1,622,000,000 below fiscal year 2023 and 
$7,542,590,000 below the budget request.
    Title I of the bill provides $9,570,000,000 for the Civil 
Works programs of the U.S. Army Corps of Engineers, 
$1,260,000,000 above fiscal year 2023 and $2,157,000,000 above 
the budget request. The bill makes use of the adjustments 
provided in Public Law 116-136 and Public Law 116-260 regarding 
the Harbor Maintenance Trust Fund and section 2106(c) of the 
Water Resources Reform and Development Act of 2014. Total 
funding for activities eligible for reimbursement from the 
Harbor Maintenance Trust Fund (HMTF) are estimated at 
$2,771,000,000, $453,000 above fiscal year 2023 and 
$1,045,000,000 above the budget request.
    Title II provides $1,862,953,000 for the Department of the 
Interior and the Bureau of Reclamation, $394,083,000 above the 
budget request. The Committee recommends $1,839,953,000 for the 
Bureau of Reclamation, $390,639,000 above the budget request. 
The Committee recommends $23,000,000 for the Central Utah 
Project, equal to fiscal year 2023 and $3,444,000 above the 
budget request.
    Title III provides $43,298,519,000 for the Department of 
Energy, $2,944,840,000 below fiscal year 2023 and 
$9,272,593,000 below the budget request. Funding for the 
National Nuclear Security Administration (NNSA), which includes 
Weapons Activities, Defense Nuclear Nonproliferation, Naval 
Reactors, and Federal Salaries and Expenses, is 
$23,959,247,000, $1,796,683,000 above fiscal year 2023 and 
$114,247,000 above the budget request.
    Funding for energy programs within the Department of 
Energy, which includes basic science research and the applied 
energy programs, is $16,901,979,000, $1,578,787,000 above 
fiscal year 2023 and $3,134,809,000 below the budget request.
    Environmental Management activities--Non-defense 
Environmental Cleanup, Uranium Enrichment Decontamination and 
Decommissioning, and Defense Environmental Cleanup--are funded 
at $8,280,464,000.
    The net amount appropriated for the Power Marketing 
Administrations is provided at the requested levels.
    Title IV provides $523,164,000 for several Independent 
Agencies, $28,718,000 above fiscal year 2023 and $36,230,000 
below the budget request. Net funding for the Nuclear 
Regulatory Commission is $156,000,000, $19,000,000 above fiscal 
year 2023 and equal to the budget request.

                       National Defense Programs

    The Committee considers the national defense programs of 
the National Nuclear Security Administration (NNSA) to be the 
Department of Energy's top priority. As the global nuclear 
threat landscape continues to evolve, so, too, must the U.S. 
nuclear deterrent. The nation's defense against all 
adversaries, including China and Russia, rests on a strong 
nuclear deterrent. Therefore, the recommendation strongly 
supports efforts to modernize the nuclear weapons stockpile, 
increase investment in the NNSA's infrastructure, prevent the 
proliferation of nuclear materials, and provide for the needs 
of the naval nuclear propulsion program.
    Within funding for the NNSA's Weapons Activities, the 
recommendation continues support of the multi-year 
modernization plans for the nation's nuclear weapons stockpile 
and its supporting infrastructure. The Committee recommendation 
also addresses deficiencies in the budget request, such as 
funding for the Sea-Launched Cruise Missile (SLCM) and 
plutonium pit production. The NNSA and the Department must do 
more than pay lip service to ensuring these critical activities 
move forward on-time and on-budget. Program and project 
management efforts must be improved to prevent further schedule 
delays and cost increases, particularly on major construction 
projects.
    The recommendation provides strong support for the NNSA's 
nuclear nonproliferation programs. The Committee views these 
programs as key to combating the proliferation threat posed by 
both state and non-state actors. The recommendation does not 
support expansion of the NNSA's mission to activities better 
suited to other federal agencies.
    The Committee also strongly supports the activities to 
maintain our country's nuclear naval fleet, which is funded 
through the Naval Reactors account. The Naval Reactors funding 
supports the current operational nuclear fleet, continues the 
Columbia-class ballistic missile submarine reactor development, 
and ensures research and development efforts for the next 
generation of nuclear-powered warships continue to progress.

                            Energy Security

    The Department of Energy and its national laboratory system 
have been instrumental in advancing scientific and 
technological developments contributing to ensuring a safe, 
reliable, and affordable energy system for the nation. 
Unfortunately, the Department seems to have lost this focus in 
recent years and instead has focused inordinate attention and 
resources on ancillary goals, some of which may reduce energy 
security. The recommendation targets investments to the 
activities most important to refocusing the Department on its 
fundamental mission and to advancing energy security. Programs 
that have received significant supplemental funding in recent 
years and that still have significant unspent balances are 
funded at more reasonable levels in this annual appropriations 
bill.
    The Committee has long supported nuclear power as a 
significant contributor to the nation's energy mix. This 
baseload, carbon-free source of electricity will be essential 
to achieving any emissions reduction goals, so the 
Administration's relatively low budget priority for Nuclear 
Energy is puzzling. A revitalized American nuclear industry 
also provides an additional energy export of geopolitical 
consequence, especially for countries seeking alternatives to 
Russian and Chinese entanglements. The recommendation strongly 
supports key activities furthering the development of advanced 
reactors and fuel supply technologies, including small modular 
reactors and domestic uranium enrichment capabilities.
    The Administration's overwhelming rush to electrification 
and deployment of certain energy sources without alignment with 
the availability of domestic sources of critical minerals 
threatens to make our energy system dependent on China. The 
recommendation seeks to avoid this decrease in energy security 
through funding the full spectrum of production technologies of 
critical minerals, including extraction, separation, 
processing, manufacturing, and recycling. This approach makes 
full use of the nation's vast domestic resources and enhances 
our technological capabilities while securing the full supply 
chain of critical minerals. These investments will lay the 
foundation to reduce our reliance on foreign sources and bring 
further production capabilities back to America.
    The recommendation continues strong support for basic 
science research programs, which provide the foundation for new 
energy technologies. The recommendation includes strong support 
for continued operations of experimental user facilities, 
construction of large-scale and innovative scientific 
experiments, and advanced computing research. The 
recommendation also makes strategic investments in fusion 
energy sciences to help usher in a new wave of energy 
technologies that can lead to fusion energy breakthroughs and 
an eventual commercial fusion power plant. The Committee also 
recognizes the importance of securing the energy sector against 
cyber threats. In addition to maintaining funding for the 
Office of Cybersecurity, Energy Security, and Emergency 
Response, the recommendation supports prioritization of 
cybersecurity issues across most programs of the Department.

                        Economic Competitiveness

    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 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 Corps' maintenance of commercial waterways 
is directly tied to the ability of the nation to ship 
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. 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. This recommendation makes key changes to 
the budget request to ensure that the Corps and Reclamation 
have the resources to continue to support America's economy.
    Unfortunately, inflation, driven by reckless government 
spending on top of supply chain and labor market issues, 
continues to threaten economic competitiveness. Inflation 
affects programs across the bill, especially those with major 
construction projects. The NNSA is estimating cost increases of 
40% or more for many projects within the nuclear modernization 
program. The Corps has seen bids on important navigation and 
flood control projects come in at double or triple the previous 
cost estimates. The nation cannot afford to spend so much more 
to accomplish less. The recommendation addresses some of the 
causes of inflation by rescinding more than $5.5 billion in 
excess spending from prior years, reprioritizing new funding to 
programs that truly need it, and countering Biden 
Administration rulemakings and other executive actions that are 
driving inflation and stifling the private sector.

                        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, 2024 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 those standards into the 
performance plans required under title 31 of the United States 
Code.
    Advertising.--The Committee directs each department and 
agency to include the advertising contracting information in 
its fiscal year 2025 budget justification, including total 
obligations in fiscal year 2023 and expected obligations for 
fiscal years 2024 and 2025 for advertising services, and 
contracts for the advertising services with small businesses. 
For small businesses, both prime contracts and subcontracts, 
the agency shall identify obligations associated with small 
businesses, small disadvantaged businesses, service-disabled 
veteran-owned small businesses, women-owned small businesses, 
and HUBZone small businesses. The agency shall also report if 
it has met its small business goals in each of these categories 
in fiscal year 2023.

                   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 24,000 civilians and almost 300 military 
personnel located in eight Division offices and 38 District 
offices work to carry out the Civil Works program.

                        BUDGET STRUCTURE CHANGES

    The fiscal year 2024 budget request for the Corps proposed 
numerous structural changes, including the creation of a new 
Harbor Maintenance Trust Fund account; the shifting of various 
studies and projects among accounts and business lines; and the 
consolidation of certain remaining items. The Committee rejects 
all such proposed changes and instead funds all activities in 
the accounts in which funding has traditionally been provided. 
Unless expressly noted, all projects and studies remain at the 
levels proposed in the budget request but may be funded in 
different accounts. In particular:
           Projects proposed for funding in the Harbor 
        Maintenance Trust Fund account in the budget request 
        are funded in the Construction, Mississippi River and 
        Tributaries, and Operation and Maintenance accounts, as 
        appropriate;
           Dredged Material Management Plans, requested 
        in the Investigations account, are funded in the 
        Operation and Maintenance account;
           Disposition studies will continue to be 
        funded under the remaining item Disposition of 
        Completed Projects in the Investigations account;
           Tribal Partnership Studies and Construction 
        projects will continue to be funded under the Tribal 
        Partnership Program remaining items in the 
        Investigations and Construction accounts, as 
        appropriate, and these amounts in the Investigations 
        account may be used to cover necessary administrative 
        expenses prior to agreement execution;
           Inspection of Completed Works, Project 
        Condition Surveys, Scheduling of Reservoir Operations 
        and Surveillance of Northern Boundary Waters will 
        continue to be funded under states instead of 
        consolidated into national programs as requested in the 
        Operation and Maintenance account; and
           Dam Safety Modification Studies, requested 
        in the Investigations account, will be funded under the 
        Dam Safety and Seepage/Stability Correction Program 
        remaining item in the Construction account.
    For any future 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 continuing resolutions starting in 
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 amounts from 
various trust funds.
    The Committee has long intended the Corps to have the 
flexibility to address the 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 toward 
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.
    Investigation and construction of port projects, including 
the deepening of existing projects, are cost-shared between the 
federal government and non-federal sponsors, often local or 
regional port authorities. The operation and maintenance of 
these projects are federal responsibilities and are funded as 
reimbursements from the Harbor Maintenance Trust Fund (HMTF), 
which is supported by an ad valorem tax on the value of 
imported and domestic cargo. Expenditures from the trust fund 
are subject to annual appropriations. The balance in the HMTF 
at the beginning of fiscal year 2024 is estimated to be 
approximately $8,007,000,000.
    The CARES Act (Public Law 116-136) and the Water Resources 
Development Act (WRDA) of 2020 (Public Law 116-260) made 
certain changes to the methods by which funds from the HMTF are 
treated under discretionary budget rules. The Committee 
provides an estimated $2,771,000,000 in accordance with these 
changes. This funding will enable the Corps to make significant 
progress on the backlog of dredging needs. Additionally, WRDA 
2020 made certain changes to the methods by which funds for 
section 2106(c) of the Water Resources Reform and Development 
Act (WRRDA) of 2014 are treated under discretionary budget 
rules. The Committee provides $58,000,000 for these purposes.

                        INLAND WATERWAYS SYSTEM

    The nation's inland waterways system--consisting of 
approximately 12,000 miles of commercially navigable channels 
and 237 lock chambers--is also 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 70 percent 
of these locks in the United States are more than 50 years old, 
with the average age being 65 years old.
    In accordance with WRDA 2020 and WRDA 2022, capital 
improvements to the inland waterways system are generally 
funded 65 percent from the general fund of the Treasury and 35 
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 robust capital 
program (i.e., as ongoing projects approach completion). For 
fiscal year 2024, the Committee provides robust funding above 
the budget request from the IWTF for inland waterways projects. 
The Committee recommends funding above the budget request for 
additional operation and maintenance activities on the inland 
waterways.

                            PROGRAM DELIVERY

    The Committee continues to monitor significant cost 
escalations across the Civil Works program, particularly for 
major water resources development projects already costly to 
construct. Supplemental appropriations made available to fund 
projects to completion continue to be insufficient to complete 
ongoing work, placing additional demand for annual 
appropriations and stretching limited resources. Supply chain 
disruptions and inflation, particularly for construction 
materials, have contributed greatly to increasing costs; 
however, the Committee does not have adequate visibility into 
the nature or scale of these escalations. The Corps is directed 
to provide to the Committee not later than 90 days after 
enactment of this Act a briefing on its plan to complete 
projects funded through supplemental appropriations using 
available funds. The Corps is further directed to notify the 
Committee for any project with an initial cost estimate of 
$50,000,000 or greater when the cost estimate for the project 
increases by at least $100,000,000 or by at least 50 percent. 
The Corps should include in its notification a description of 
the cause for the increase, the total amount by which the 
project cost has increased, the date on which the new project 
cost was finalized, and the date on which the previous cost 
estimate was finalized.

                      FORMAT OF FUNDING PRIORITIES

    This recommendation includes Community Project Funding 
requested by Members of Congress to meet urgent needs across 
the United States. Community Project Funding has been included 
in this recommendation in the Investigations, Construction, 
Mississippi River and Tributaries, and Operation and 
Maintenance accounts in a manner that adheres to the Rules of 
the House of Representatives and the increased transparency and 
accountability standards put in place by the Committee.
    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 in some accounts 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 that benefit the 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.
    For additional funding, 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 remains 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 in excess of the required cost-
share. 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, or for allocating the 
additional funding provided.
    It is expected that all 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.
    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; or (2) it was previously funded and could 
reach a significant milestone, complete a discrete element of 
work, or produce significant outputs in fiscal year 2024. 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 2024 and the specific reasons each study or project was 
considered as being less competitive for an allocation of 
funds.

                               NEW STARTS

    The passage of the WRDA 2022 presents the Committee with 
the challenge of considerable demand for new water resources 
projects. The Committee supports a move to a new generation of 
projects that address the challenges faced by local 
communities, although there remain many projects authorized in 
prior WRDAs that have yet to receive funding. In recognition of 
this need, the Committee includes the five new start 
Investigations proposed in the budget request. The Committee 
also includes a limited number of additional new starts in the 
Investigations and Construction accounts. No further new starts 
are provided for in this Act.
    While there remains significant need for new investments in 
water resources projects, decisions regarding the processes by 
which projects may be made eligible for funding or the manner 
in which projects are funded can only be made by the Committee 
on Appropriations.
    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). 
The initiation of construction of an individually authorized 
project funded within a programmatic line item may not require 
a new start designation provided that some amount of 
construction funding under such programmatic line item was 
appropriated and expended during the previous fiscal year. 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.
    During the budget formulation process, the Corps should 
give careful consideration to the out-year budget impacts of 
any studies selected as new starts 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.
    During the budget formulation process, the Corps also shall 
consider the out-year budget impacts of any 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, the 
Corps should include only those that can execute a project cost 
sharing agreement during the upcoming fiscal year.

                             INVASIVE CARP

    The Corps is undertaking multiple efforts to stop the 
spread of invasive carp throughout the United States. Section 
509 of WRDA 2020 authorized demonstration projects to prevent 
the spread of invasive carp into the Tennessee River and 
Cumberland River watersheds. There is an urgent need to prevent 
their migration from the Ohio River into these watersheds and 
the Great Lakes. The Committee is concerned that the Corps is 
making insufficient progress in implementing Section 509, 
despite funding being provided in the fiscal year 2022 and 
fiscal year 2023 Acts to implement this program. The Corps is 
directed to finalize the program management plan and begin 
assessing demonstration projects, including appropriate 
deterrent systems at Kentucky Lock. The Corps is directed to 
provide quarterly updates to the Committee on the status of 
Section 509 implementation.
    Additionally, projects such as Brandon Road Lock and Dam 
and at the Chicago Sanitary Sewer Canal are critical to 
preventing the spread of invasive carp into the Great Lakes. 
Because these efforts are critical to keeping invasive carp out 
of the Chicago Area Waterways System, the Corps is urged to 
expedite efforts to execute a project partnership agreement for 
Brandon Road to enable the project to move into construction 
utilizing previously provided funds. If additional work can be 
done, the Corps is reminded that both projects are eligible to 
compete for the additional funds provided in this Act, and the 
Corps is encouraged to include appropriate funding for projects 
in future budget submissions. In addition, the Committee 
directs the Corps to 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 Invasive Carp Regional Coordinating Committee, 
including identifying navigation protocols that would be 
beneficial or effective in reducing the risk of vessels 
inadvertently carrying aquatic invasive species, including 
invasive 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.

                     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 continue to prioritize ongoing deep draft 
lock modernization or replacement projects.

               CONGRESSIONAL DIRECTION AND REPROGRAMMING

    To ensure that the expenditure of funds in fiscal year 2024 
is consistent with congressional direction, to minimize the 
movement of funds, and to improve overall budget execution, the 
Act incorporates by reference the projects and direction 
identified in the report accompanying this Act into statue. 
Further, the Act carries a legislative provision outlining the 
circumstances under which the Corps may reprogram funds. 
Decisions regarding reprogramming limits and processes can only 
be made by the Committee on Appropriations.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $9,570,000,000 for the Corps, 
$1,260,000,000 above fiscal year 2023 and $2,157,000,000 above 
the budget request.
    A table summarizing the fiscal year 2023 enacted 
appropriation, the fiscal year 2024 budget request, and the 
Committee-recommended levels is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2023 enacted     FY 2024 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations......................................            $172,500            $129,832            $136,087
Construction........................................           1,808,800           2,014,577           2,889,942
Mississippi River and Tributaries...................             370,000             226,478             364,349
Operation and Maintenance...........................           5,078,500           2,629,913           5,496,622
Regulatory Program..................................             218,000             221,000             218,000
FUSRAP..............................................             400,000             200,000             200,000
Flood Control and Coastal Emergencies...............              35,000              40,000              40,000
Expenses............................................             215,000             212,000             215,000
Office of the Assistant Secretary of the Army for                  5,000               6,000               5,000
 Civil Works........................................
Water Infrastructure Finance and Innovation Program.               7,200               7,200               5,000
Harbor Maintenance Trust Fund.......................               - - -           1,726,000               - - -
                                                     -----------------------------------------------------------
    Total, Corps of Engineers--Civil................           8,310,000           7,413,000           9,570,000
----------------------------------------------------------------------------------------------------------------

                             INVESTIGATIONS

 
 
 
Appropriation, 2023...................................      $172,500,000
Budget estimate, 2024.................................       129,832,000
Recommended, 2024.....................................       136,087,000
Comparison:
    Appropriation, 2023...............................       -36,413,000
    Budget estimate, 2024.............................        +6,255,000
 

    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:


    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 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 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.
    Buffalo Bayou Tributaries and Resiliency Study.--The 
Committee notes that there is a threat of flooding from high 
volumes of stormwater draining into Barker Reservoir. The Corps 
is encouraged to continue work with the non-federal sponsor on 
plans to mitigate flood risk in communities along Barker 
Reservoir, including continued collaboration on the Buffalo 
Bayou Tributaries and Resiliency Study. The Corps is directed 
to provide not later than 60 days after enactment of this Act a 
briefing to the Committee on the status of the comprehensive 
benefits analysis framework currently under development.
    Chacon Creek, TX.--The Committee notes that the Corps has 
been working in partnership with the City of Laredo since 2004 
to complete the Chacon Creek project. The Committee is 
concerned with the extended time it has taken the Corps to make 
progress on this project. The Corps is encouraged to include 
appropriate funding for this project in future budget 
submissions.
    Chattahoochee River.--The Committee understands the 
economic and ecological significance of the Chattahoochee River 
in the southeastern United States and notes the authorization 
of a related program in WRDA 2022. The Corps is encouraged to 
include appropriate funding for section 8144 of WRDA 2022 in 
future budget submissions.
    Coordination with Other Water Resource Agencies.--
Additional funds are included for continued collaboration with 
other federal agencies and stakeholders on invasive species 
challenges.
    Cougar and Detroit Projects, OR.--The Committee is aware 
that the Water Resources Development Act of 2022 directed the 
Corps to complete a disposition study to assess the 
deauthorization of commercial hydropower production at the 
projects within the Willamette Basin. The recommendation 
includes the requested funding for the study, and the Corps is 
encouraged to proceed expeditiously.
    Disposition of Completed Projects.--The Corps is directed 
to provide to the Committee copies of disposition studies upon 
completion.
    Kentucky River, KY.--The Committee is aware of the 
persistent flooding at the nexus of the North, Middle, and 
South Forks of the Kentucky river and understands the study to 
identify flood risk management solutions for Beattyville, 
Kentucky, is nearing completion. This repetitive flooding has 
caused extensive flood damage to both homes and businesses, 
bringing economic hardship on this economically disadvantaged 
community. The recommendation also includes funding for the 
Kentucky River study, and the Corps is directed to make 
expeditious progress on both studies and continue work with the 
non-federal sponsor on plans to reduce flooding in this area.
    Lake Cypress, FL.--The Committee continues to be aware that 
high rain totals have created 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 over 
reports that the shoal has become a danger to navigation and 
strongly encourages the Corps to coordinate with state and 
local officials on this issue.
    Louisiana Coastal Area Task Force.--The Corps is 
encouraged, as appropriate, to establish the Task Force 
authorized by section 7004 of WRDA 2007 to improve coordination 
of ecosystem restoration in the Louisiana Coastal Area and is 
reminded of the reporting requirement in section 212 of WRDA 
2020 (Public Law 116-260).
    Planning Assistance to States, Vulnerable Coastal 
Communities.--The Committee notes the important role the Corps 
plays in managing flood risk and threats from coastal hazards 
and that the Planning Assistance to States program provides in 
assisting with comprehensive plans and technical assistance to 
eligible state, tribal, or U.S. territory partners. The 
Committee encourages the Corps to continue building capacity to 
provide this assistance to vulnerable coastal communities, 
including tribal, Alaska Native, and Native Hawaiian 
communities. Within funds provided, the Corps is directed to 
prioritize technical assistance to federally recognized tribes 
located on the coast that are actively working to relocate or 
address issues due to continued high lift safety risks from 
flooding and storm surge, or to improve coastal resiliency, 
that include but are not limited to studies, surveys, and rates 
of erosion of land being evaluated for relocation. The 
Committee still has not received the briefing directed in the 
fiscal year 2022 Act and expects the Corps to provide not later 
than 60 days after enactment of this Act a briefing on the 
status of these efforts.
    Planning Support Program.--The recommendation rejects the 
requested increase to assess the potential impact of climate 
change on aquatic ecosystems.
    Remote Sensing/Geographic Information System Support.--The 
recommendation includes $2,100,000 for the Corps to continue 
procurement efforts for advanced integrated GPS and optical 
surveying and mapping equipment. The Committee directs that 
this funding increase shall be competitively awarded or 
provided to programs that have received competitive awards in 
the past.
    Research and Development.--The recommendation includes 
$4,000,000 within available funds to continue the effort of 
modernizing existing Corps coastal and hydraulics models and to 
make them accessible for use by other agencies, universities, 
and the public. It is understood that this effort will be 
completed in fiscal year 2026.
    Research and Development, Biopolymers.--The Committee notes 
the importance of earthen infrastructure such as dams and 
levees to support safety, flood control, and water distribution 
systems and notes the value of research into the use of 
biopolymers to rehabilitate these deteriorating structures, 
reduce rehabilitation and maintenance costs, and increase 
resiliency against potential threats. The recommendation 
includes $6,000,000 to continue research activities. It is 
understood that this is the final year of this effort.
    Research and Development, Flood and Coastal Systems.--The 
Committee recognizes the importance of ensuring the integrity 
of the nation's flood control systems and employing the most 
effective technologies to identify potential deficiencies in 
these systems. The Committee recommends $5,000,000 to utilize 
partnerships to research and develop advanced technology to 
automate assessment and inspection of flood control systems for 
the purpose of identifying levee deficiencies, such as slope 
instability, settlement and seepage, and ensuring the safety of 
the surrounding areas and communities. It is understood that 
this is the final year of this effort.
    Research and Development, Inland Waterway Container-On-
Barge.--The Corps is encouraged to leverage the experience of 
research universities to commence studies to better understand 
the challenges of increased weather extremes on increasing 
inland waterway commerce utilizing container-on-barge 
technologies.
    Research and Development, Manage Emerging Threats and 
Resilience for Flood Control Structures.--The Corps is 
encouraged to research, test, and refine the use of rapid, 
repeatable, and remote methods for long-term monitoring of 
critical water infrastructure and to partner with academia to 
research and manage emerging threats and attain resilience for 
flood control structures.
    Research and Development, Mobile Flood Barriers.--The Corps 
is encouraged to assess research opportunities related to 
mobile flood control barriers.
    Research and Development, Modeling.--The recommendation 
provides $3,000,000 to support ongoing research into 
geochemical, geophysical, and sedimentological analysis and 
modeling which will help the Corps assess strategies to 
mitigate these changes and to detect and prevent adverse 
consequences of engineering solutions. It is understood that 
this effort will be completed this year.
    Research and Development, Sea Port Security.--The Corps is 
encouraged to evaluate existing digital platforms that support 
interoperable communications for maritime security and response 
to extreme weather and supply chain disruptions and determine 
the need for additional research in this area.
    Research and Development, Urban Flood Damage Reduction.--
The recommendation includes $4,000,000 for the Corps to 
continue its focus on the management of water resources 
infrastructure and projects that promote public safety, reduce 
risk, improve operational efficiencies, reduce flood damage, 
and sustain the environment. Work should focus on unique 
western U.S. issues like wildfire, rain-on-snow, atmospheric 
rivers effects on flood risk management, and incorporating the 
latest scientific information into engineering solutions to 
address flood risk, emergency, and ecosystem management 
challenges. The tools and technologies developed under this 
program should also be applicable to other parts of the 
country. It is understood that this effort will be completed in 
fiscal year 2025.
    River Commissions.--The Congress has made clear its intent 
that the River Basin Commissions for the Susquehanna, Delaware, 
and Potomac Rivers be supported, and the Corps is encouraged to 
include appropriate funding in future budget submissions.
    Six-State High Plains Ogallala Aquifer Area Study.--The 
Committee recognizes the importance of the 1982 Six-State High 
Plains Ogallala Aquifer Regional Resources Study and associated 
water projects and encourages the Corps to work with non-
federal interests to identify additional steps required to 
initiate project formulation and execution.
    Upper St. Anthony Falls.--The Corps is reminded that the 
Upper St. Anthony Falls project remains an authorized federal 
project and is encouraged to continue to operate and maintain 
the lock to keep it in a state of good repair. The 
recommendation includes funding to continue the disposition 
study and directs the Corps to do so at full federal expense.

                              CONSTRUCTION

 
 
 
Appropriation, 2023...................................    $1,808,800,000
Budget estimate, 2024.................................     2,014,577,000
Recommended, 2024.....................................     2,889,942,000
Comparison:
    Appropriation, 2023...............................    +1,081,142,000
    Budget estimate, 2024.............................      +875,365,000
 

    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, and for 
ease of comparison, amounts requested in the Harbor Maintenance 
Trust Fund Account are displayed in the appropriate line in 
this table:


    Additional Funding.--The recommendation includes additional 
funds for projects and activities to enhance the nation's 
economic growth and international competitiveness. Of the 
additional funding provided in this account for flood and storm 
damage reduction and flood control, the Corps shall allocate 
not less than $30,000,000 to additional nonstructural flood 
control projects and continue construction of projects that 
principally address drainage in urban areas, of which not less 
than $20,000,000 shall be for projects that principally include 
improvements to rainfall drainage systems that address flood 
damages. Of the additional funding provided in this account, 
the Corps shall allocate not less than $20,000,000 to projects 
with riverfront development components. Of the additional 
funding provided in this account, the Corps shall allocate not 
less than $10,000,000 to authorized reimbursements. Of the 
additional funding for other authorized project purposes and 
environmental restoration or compliance, the Corps shall 
allocate not less than $20,000,000 for execution of 
comprehensive restoration plans developed by the Corps for 
major bodies of water.
    The Corps is reminded that shore protection 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, and projects in 
        areas where there is risk of environmental 
        contamination;
           for mitigation projects, projects with the 
        purpose to address the safety concerns of coastal 
        communities impacted by federal flood control, 
        navigation, and defense projects;
           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; and
           for other authorized project purposes and 
        environmental restoration or compliance projects, to 
        include the beneficial use of dredged material.
    The recommendation includes $455,970,000 for construction 
of inland waterway projects. The Committee understands that the 
Corps has no additional capability for ongoing projects at this 
time.
    Aquatic Plant Control Program.--Of the additional funding 
recommended for the Aquatic Plant Control Program, $7,000,000 
shall be for watercraft inspection stations, as authorized in 
section 104 of the River and Harbor Act of 1958, equally 
distributed to carry out subsections (d)(1)(A)(i), 
(d)(1)(A)(ii), and (d)(1)(A)(iii); $3,000,000 shall be for 
related monitoring, as authorized by section 1170 of the 
America's Water Infrastructure Act of 2018; and $1,000,000 for 
activities related to monitoring, surveying, and control of 
hydrilla verticillata and flowering rush. The Corps is 
encouraged to consider work to address and prevent the threat 
of hydrilla infestation within the states of Florida and 
Georgia. The recommendation also includes $5,000,000 for 
nationwide research, and the Corps is encouraged to consider 
work to address invasive aquatic plants in the Northern 
Everglades region. The recommendation also provides $500,000 to 
continue activities authorized under section 509 of WRDA 2020.
    Boulevard Park Stormwater Project.--The Committee 
recognizes the importance of reducing chronic flooding in the 
Boulevard Park neighborhood of Burien, Washington in terms of 
restoring septic functions, improving resiliency, and 
supporting stream and wetlands habitat.
    Brandon Road Lock and Dam, Aquatic Nuisance Species 
Barrier, IL.--The Great Lakes and Mississippi River Interbasin 
Study was authorized by Congress under section 3061(d) of WRDA 
2007 (Public Law 110-114). The Committee notes that the Brandon 
Road Lock and Dam in Joliet, Illinois, is critical to keeping 
invasive carp out of the Chicago Area Waterways System, which 
is the only continuous connection between the Great Lakes and 
Mississippi River basins.
    Cape Cod Canal Bridges, MA.--No funding is provided for 
this project as requested, and the legislative proposal to 
facilitate the transfer of funds is not included in the bill. 
The Corps is directed to provide not later than 60 days after 
enactment of this Act a briefing to the Committee on the 
transfer proposal.
    Chesapeake Bay Comprehensive Water Resources and 
Restoration Plan.--The Committee is supportive of the 
Chesapeake Bay Comprehensive Water Resources and Restoration 
Plan. The Corps is reminded that the Chesapeake Bay 
Environmental Restoration and Protection Program is eligible to 
compete for the additional funding provided in this account, 
and the Corps is encouraged to provide appropriate funding in 
future budget submissions.
    Chesapeake Bay Oyster Recovery, MD and VA.--The Committee 
is supportive of the Corps' work on the Chesapeake Bay Oyster 
Recovery program and urges the Corps to include appropriate 
funding in future budget submissions for these efforts.
    Continuing Authorities Program (CAP).--$70,000,000 is 
provided for seven CAP sections 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. Within the section 1135 CAP authority, and to the extent 
already authorized by law, the Corps is reminded that projects 
that restore degraded wetland habitat and stream habitats 
impacted by construction of Corps levees or channels and 
projects that will divert significant nutrient filled runoff 
from entering wetland habitats are eligible to compete for 
funding.
    Continuing Contracts.--The Corps is authorized by section 
621 of title 33, United States Code, to execute its Civil Works 
projects through the use of a Special Continuing Contract 
Clause or Incremental Funding Clause as described in 
Engineering Circulars 11-2-221 and 11-2-222. The Committee 
appreciates the Administration's attention to this issue and 
directs the Administration to continue using its existing 
continuing contract authorities in accordance with the general 
provisions in this Act as an efficient approach to managing 
large, multi-year projects.
    Cuyahoga River Old Channel Remediation.--The Committee is 
pleased that progress is being made to remediate the Cuyahoga 
River Old Channel (CROC) and notes that the Corps is 
progressing towards completion of the 65% Detailed Design 
Report. The Corps is encouraged to incorporate opportunities 
for community economic development into the final design, to 
the extent provided in law.
    Indiana Riverbank Erosion.--The Corps is urged to include 
appropriate funding in future budget submissions for projects 
to stabilize the Indiana shoreline of the Ohio River damaged by 
the operation of federally-owned dams on the Ohio River as 
authorized in Section 9 of the 1946 Flood Control Act.
    Lake Isabella, CA.--The Committee is aware that the U.S. 
Army Corps of Engineers is in the process of replacing a Forest 
Service visitor center as part of the Isabella Lake Dam Safety 
Modification Project. Furthermore, the Committee notes that 
under the current agreement between the Forest Service and 
Corps, the Forest Service is charged with selecting a location 
and outlining facility requirements for the Corps, which have 
already occurred. The Committee supports the Corps' work on 
this project as it continues its collaboration with the Forest 
Service to bring the replacement visitor center to fruition.
    Matagorda Ship Channel Improvement Project, Port Lavaca, 
TX.--The Committee understands the significant economic impact 
of Lavaca Bay on our national economy and notes the importance 
of ensuring its competitiveness for global commerce. The 
Committee continues to monitor the status of the Matagorda Ship 
Channel Improvement Project and urges the Corps to conduct 
outreach with project stakeholders. The Corps is directed to 
provide not later than 60 days after enactment of this Act a 
report on the status of the project and additional steps 
required for resumption of the project.
    New Savannah Bluff Lock and Dam, GA and SC.--The Committee 
maintains interest in the New Savannah Bluff Lock and Dam and 
understands the importance to the local community of 
maintaining the existing water levels. The Committee will 
continue to monitor the status of this effort and reminds the 
Corps of the requirement in section 1319 of the WIIN Act of 
2016.
    New Mexico Acequia Systems.--The Corps is encouraged to 
include appropriate funding in future budget submissions for 
projects authorized under section 1113 of WRDA 1986.
    Miami-Dade County, FL.--The Committee is aware of the need 
to transition residents in the community from septic systems to 
public sewer systems. The Corps is reminded that the project is 
eligible to compete for the additional funding provided in this 
account.
    Mississippi River Gulf Outlet Canal Ecosystem 
Restoration.--The Corps is encouraged to include appropriate 
funding in future budget submissions for this project.
    Pearl River Flood Reduction, MS.--To address ongoing 
recovery and support of critical infrastructure in the City of 
Jackson, Mississippi, the Secretary shall expedite 
consideration and decision on the project for flood risk 
reduction in the Pearl River Basin, Mississippi, including 
channel and levee modifications and weir construction, as 
included in the Integrated Feasibility and Environmental Impact 
Statement submitted to the Secretary for review and approval.
    Pinellas County, FL.--The Committee notes the importance of 
periodic shoreline restoration and its significance for the 
protection of public safety, public infrastructure, native 
vegetation and wildlife, and the local economy. The Committee 
is deeply frustrated with the Corps' management of this 
project, creating uncertainty for local communities and setting 
false expectations for project beneficiaries. The Corps is 
reminded that consistent application of its policies and 
regulations is paramount to ensure the benefits of authorized 
projects can be realized and to maximize public safety. The 
Corps is further reminded that this project remains eligible to 
compete for the additional funding provided in this account to 
the extent the necessary easements are acquired. The Corps is 
urged to work with local governments to incorporate 
flexibilities, in a manner consistent with existing law and 
regulations, that could allow for project design and 
construction to move forward expeditiously.
    Puerto Rico Flood Risk Management Projects.--The Committee 
recognizes the need for appropriate flood risk management 
projects in Puerto Rico. The Corps is encouraged to continue 
work with non-federal partners to identify opportunities to 
enhance resiliency in Puerto Rico and provide all due 
consideration for flood risk management solutions related to 
Rio Inabon, Rio Descalabrado, Rio Guadiana in Naranjito, Rio 
Orocovis, Rio Yauco and Rio Guamani, in Puerto Rico.
    Puget Sound Nearshore Ecosystem Restoration, Duckabush 
River Estuary, WA.--The Committee underscores the importance of 
timely guidance for Section 8371 of WRDA 2022, Puget Sound 
nearshore restoration, Washington. Further, the Committee notes 
that while relocations have historically been excluded from the 
Corps' definition of project features for the purpose of cost-
sharing, WRDA 2022 provided for standard cost sharing of the 
relocations associated with the project. The Corps is reminded 
that the project is eligible to compete for the additional 
funding provided in this account and urged to include 
appropriate funding in future budget submissions.
    Rio Guayanilla, PR.--The Committee understands the Corps is 
currently evaluating cost increases related to the Rio 
Guayanilla project in Puerto Rico and encourages the Corps to 
continue work with relevant non-federal stakeholders to 
finalize these evaluations with the goal of preventing project 
delays. As the Corps evaluates cost escalations associated with 
this project, it is directed to brief the Committee should 
project costs exceed the availability of funds from Public Law 
115-123 available to complete the project.
    Rio Nigua, PR.--The Committee recognizes the importance of 
the flood control and prevention project in Rio Nigua in Puerto 
Rico. The Committee urges the Corps to give prompt attention to 
completion of the necessary evaluations in collaboration with 
the non-federal partners.
    San Joaquin and Stanislaus, CA.--The Committee understands 
the need for additional water infrastructure investment in San 
Joaquin and Stanislaus counties. The Corps is reminded that 
projects eligible under this authority are also eligible to 
compete for the additional funding provided in this account.
    South Florida Ecosystem Restoration, Florida.--The 
Committee applauds the Corps' progress in the construction of 
the Everglades Agricultural Area Reservoir and encourages the 
Corps to proceed expeditiously on its construction. 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.
    Southeastern Pennsylvania and Lower Delaware River Basin.--
The Corps is reminded that projects authorized under section 
566 of WRDA 1996 are eligible to compete for the additional 
funding provided in this account.
    Western Everglades Restoration Project (WERP).--The 
Committee notes that the federal cost share for construction 
and operation of all essential and necessary water quality 
features of the Comprehensive Everglades Restoration Plan 
(CERP) is authorized to be 50 percent. Further, the Committee 
is aware that stormwater treatment areas constructed under the 
CERP were determined integral to the federal project and 
constructed under a 50-50 cost share. The Corps is reminded 
that stormwater treatment areas and other features found 
integral to the federal project, including within the WERP, 
should be constructed consistent with the statutory cost share. 
Not later than 15 days after enactment of the Act, the Corps 
shall notify the Committee of the timeline for any relevant 
determinations and shall notify the Committee as soon as those 
determinations are made.

                   MISSISSIPPI RIVER AND TRIBUTARIES

 
 
 
Appropriation, 2023...................................      $370,000,000
Budget estimate, 2024.................................       226,478,000
Recommended, 2024.....................................       364,349,000
Comparison:
    Appropriation, 2023...............................        -5,651,000
    Budget estimate, 2024.............................      +137,871,000
 

    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, and for 
ease of comparison, amounts requested in the Harbor Maintenance 
Trust Fund Account are displayed in the appropriate line in 
this table:


    Additional Funding.--When allocating the additional funding 
provided in this account, the Corps shall consider giving 
priority to completing or accelerating 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.
    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.
    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, 2023...................................    $5,078,500,000
Budget estimate, 2024.................................     2,629,913,000
Recommended, 2024.....................................     5,496,622,000
Comparison:
    Appropriation, 2023...............................      +418,122,000
    Budget estimate, 2024.............................    +2,866,709,000
 

    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 nuisance 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 and for 
ease of comparison, amounts requested in the Harbor Maintenance 
Trust Fund Account are displayed in the appropriate line in 
this table: 


    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;
           dredging projects that would provide 
        supplementary benefits to tributaries and waterways in 
        close proximity to ongoing island replenishment 
        projects;
           ability to address 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.
    Aquatic Nuisance Control Research Program.--The 
recommendation provides $5,000,000 to supplement activities 
related to harmful algal bloom research and control, and the 
Committee directs the Corps to target freshwater ecosystems. 
The Committee is aware of the need to develop next generation 
ecological models to maintain inland and intracoastal waterways 
and provides $5,000,000 for this purpose. The recommendation 
also provides $5,000,000 to continue work on the Harmful Algal 
Bloom Demonstration Program, as authorized by WRDA 2020. The 
Corps is urged to work collaboratively with university partners 
as appropriate to address these issues.
    Asset Management/Facilities Equipment Maintenance 
Program.--The recommendation includes an additional $2,000,000 
to continue research on novel approaches to repair and 
maintenance practices that will increase civil infrastructure 
intelligence and resilience. The Corps is directed to provide 
to the Committee not later than 60 days after enactment of this 
Act a report on the status of this effort. The recommendation 
does not include additional increases proposed in the budget 
request.
    Beneficial Use of Dredged Material.--The Committee 
continues to support beneficial use of dredged material and has 
heard concerns that the Corps is not maximizing these 
opportunities. The Corps is reminded of repeated congressional 
directives and its own objectives related to increasing 
beneficial use of dredged material.
    Bonneville Lock and Dam, WA.--The Corps is encouraged to 
work with interagency partners to consider novel technologies 
to enhance pinniped deterrence.
    Coastal Inlets Research Program.--Additional funding is 
included for the Corps-led, multi-university effort to identify 
engineering frameworks to address coastal resilience needs; to 
develop adaptive pathways that lead to coastal resilience; for 
efforts that measure the coastal forces that lead to 
infrastructure damage and erosion during extreme storm events; 
and to improve coupling of terrestrial and coastal models.
    Coastal Ocean Data System (CODS).--The recommendation 
includes $9,500,000 for base activities, including not less 
than $5,500,000 toward long-term coastal wave and coastal 
sediment observations, research, and data products that support 
sustainable coastal and navigation projects.
    Engineering with Nature.--The recommendation provides 
$10,000,000 for the Engineering With Nature (EWN) initiative. 
Funding under this line item is intended for EWN activities 
having a national or regional scope or that benefit the Corps' 
broader execution of its mission areas. It is not intended to 
replace or preclude the appropriate use of EWN practices using 
project-specific funding or work performed across other Corps 
programs that might involve EWN. Within available funds 
$5,000,000 is to support ongoing research with university 
partners to develop standards, design guidance, and testing 
protocols to improve and standardize nature-based and hybrid 
infrastructure solutions.
    Floating Vessel Fuel Efficiency.--The Corps is encouraged 
to consider opportunities to maximize fuel efficiency, 
including through the use of real-time monitoring technology, 
of its existing fleet of dredging vessels, floating plant 
assets, and other maritime equipment in order to reduce fuel 
costs and save taxpayer funds. The Corps is directed to brief 
the Committee not later than 180 days after enactment of this 
Act on potential opportunities to leverage commercially 
available technologies to improve vessel and floating plant 
fuel efficiency.
    Hiram M. Chittenden Locks, WA.--The Committee recognizes 
the importance of the Hiram M. Chittenden Locks for public 
safety, the environment, and the regional economy. The Corps is 
reminded that this project is eligible to compete for 
additional funding provided in this account.
    Lake Okeechobee, FL.--It is understood that, in accordance 
with Section 1106 of the America's Water Infrastructure Act of 
2018, the Corps is finalizing the Lake Okeechobee System 
Operating Manual. The Committee awaits the release of the Final 
Environmental Impact Study and Water Control Plan. The Corps is 
encouraged to use the best available science and weigh the 
concerns of all water users to ensure the ecosystem is 
preserved, adequate water supply is maintained, and the safety 
of all people in the region is protected.
    Lake Providence Harbor, LA.--The Committee is aware of the 
importance of Lake Providence Harbor in transporting critical 
commodities and supplies. The Committee notes the desire for 
the port to be fully operational during agricultural harvest 
season. The Committee directs the Corps to perform the 
necessary dredging prior to the beginning of harvest season, to 
the extent practicable, to minimize potential economic impacts.
    Levee Safety.--The Committee provides additional funding 
for the National (Levee) Flood Inventory, including $2,500,000 
to meet the requirements of section 131 of WRDA 2020. 
Additionally, the Committee has heard concerns from levee 
owners regarding the Corps' role in the levee accreditation 
process, implementation of the Levee Safety Program, and the 
scope of the Committee on Levee Safety. The Corps is reminded 
that the sole responsibility of the Committee on Levee Safety 
is to provide an annual report regarding the effectiveness of 
the levee safety initiative. The Corps is directed to provide 
to the Committee not later than 90 days after enactment of this 
Act a briefing on opportunities to incorporate further the 
views of levee sponsors into the Committee on Levee Safety and 
the Corps' role in the levee accreditation process.
    Monitoring of Completed Navigation Projects, Fisheries.--
The Committee is concerned that a reduction in or elimination 
of navigational lock operations on the nation's inland 
waterways is having a negative impact on river ecosystems, 
particularly the ability of endangered, threatened, and game 
fish species to migrate through waterways, particularly during 
critical spawning periods. The Committee notes the success of 
preliminary research that indicates reduced lock operations on 
certain Corps-designated low use waterways is directly 
impacting migration and that there are effective means to 
mitigate the impacts. The Committee continues to believe that 
maximizing the ability of fish to use these locks to move past 
the dams has the potential to restore natural and historic 
long-distance river migrations that may be critical to species 
survival.
    The Committee understands this research has proven valuable 
and, within available funds, directs the Corps to continue this 
research at not less than the fiscal year 2022 level. The goal 
of the continued funding is to support the ongoing research. 
Within available funds, $3,000,000 shall be for research to 
assist the Corps across all waterways, lock structures, lock 
operation methods, and fish species that will more fully inform 
the Corps' operations. The recommendation also provides 
$2,000,000 for the National Information Center on Ecohydraulics 
effort by the Corps to research on the impact of reduced lock 
operations on riverine fish.
    Monitoring of Completed Navigation Projects, Structural 
Health Monitoring.--Of the funding provided, $3,000,000 shall 
be to support the structural health monitoring program to 
facilitate research to maximize operations, enhance efficiency, 
and protect asset life through catastrophic failure mitigation.
    National Coastal Mapping.--The Corps is reminded that the 
mapping study authorized in section 8110 of WRDA 2022 is 
eligible to compete for the additional funding provided under 
this heading.
    National Portfolio Assessment for Reallocations.--The 
recommendation includes funding to update the Fiscal Year 2016 
Municipal, Industrial and Irrigation Water Supply Database 
Report. The Corps is encouraged to complete this report 
expeditiously. The Corps is further encouraged to identify in 
the report each reservoir project where a reallocation of 
storage space under the Water Supply Act of 1958 has been 
requested or a study of such a request is ongoing or 
anticipated and to provide a copy of the report to the 
Committee upon completion.
    New Mexico Water Management.--In administering releases at 
Corps-managed and -operated dams in New Mexico, the Corps is 
encouraged to reduce potential negative impacts to downstream 
water infrastructure, including irrigation infrastructure used 
by acequias. The Corps is urged to notify downstream water 
users ahead of releases to minimize avoidable damages.
    NEPA Reporting.--The Committee urges the Secretary to track 
and provide an annual report to Congress on the timeframes for 
completing environmental reviews for water resources 
development projects, as required by the National Environmental 
Policy Act of 1969. The Committee also urges the Corps to 
provide the report for the Regulatory Program in addition to 
the Civil Works Program.
    Ohio Harbors.--Toledo Harbor and the channel at the mouth 
of western Lake Erie serve as a major thoroughfare to the Great 
Lakes navigation system, supporting manufacturing and commerce 
throughout the region. Neighboring harbors are key components 
of the Great Lakes navigation system and support economic 
activity in the region. The Corps is reminded that the Toledo, 
Huron, Port Clinton, Lorain, and Sandusky Harbors are eligible 
to compete for additional funding in this account; that 
Sandusky, Lorain, and Huron qualify as emerging harbors; and 
that emerging harbors must be prioritized for funding, as 
appropriate. In addition, the Corps is directed to maximize 
beneficial use of dredged material under the base plan for 
these harbors in accordance with section 8130(b) of WRDA 2022. 
In furtherance of this goal, the Committee encourages the Corps 
to consider the use of dredged material to fortify Lake Erie 
shorelines against damage from seasonal high water in 
accordance with section 8102(b) of WRDA 2022, if the Governor 
requests assistance.
    Performance-Based Budgeting Support Program.--The 
recommendation provides $2,000,000 to support performance-based 
methods that enable robust budgeting of the hydropower program 
through better understanding of operation and maintenance 
impacts leveraging data analytics.
    Recreational Facilities.--The Corps is one of the nation's 
largest providers of conventional outdoor recreation 
opportunities, and the Committee recognizes the important role 
that the Corps plays in providing recreational opportunities to 
the public. The Corps is encouraged to recognize the importance 
of concessionaires at their recreational facilities and to work 
with them on ways to improve recreational facilities. The 
fiscal year 2022 and fiscal year 2023 Acts directed a report 
including an analysis of current lease terms and the effects 
these terms have on concessionaire financing. The Committee is 
still awaiting this report and the Corps is directed to provide 
it not later than 30 days after enactment of this Act.
    Recreation Management Support Program.--The recommendation 
includes $1,500,000 for implementation of Public Law 117-114.
    Regional Sediment Management Program.--The recommendation 
includes $6,000,000 to develop integrated tools that build 
coastal resilience across navigation, flood risk management, 
and ecosystem projects within the program. The Corps is 
reminded of the importance of coastal resilience tools to 
freshwater coasts and is further reminded of the reporting 
requirement in the fiscal year 2022 and fiscal year 2023 Acts.
    Slaughter Creek, MD.--The Committee is concerned with 
delays in identifying and preparing a placement site for 
dredged material from Slaughter Creek. The Corps is urged to 
expedite these efforts in cooperation with the non-federal 
sponsor. The Corps is reminded that, should a placement site 
become available and ready to receive material from Slaughter 
Creek, additional dredging of the project is eligible to 
compete for the additional funding provided in this account.
    Stakeholder Engagement.--The Committee recognizes the 
essential work the Corps does to maintain the integrity of its 
locks, dams, and other water navigation structures and the 
importance of those structures to the public. The Committee is 
aware that any waterway maintenance closures significantly 
impact local communities and businesses, including the 
agricultural sector. The Corps is directed to consult with 
local industrial stakeholders, including those in the 
agricultural sector, prior to the announcement of the closure 
of major waterways and significant work on locks, dams, and 
other water navigation structures that may impact navigation 
for an extended period.
    Surveillance of Northern Boundary Waters.--The Corps is 
reminded that activities, not funding lines, are reimbursable 
from the Harbor Maintenance Trust Fund, consistent with the 
authorized purposes of the fund. Specific activities that are 
not HMTF-reimbursable should not be treated as such based 
solely on inclusion in a Remaining Item that includes other 
HMTF-reimbursable activities.
    Waco Lake, TX.--The fiscal year 2023 Act provided funding 
to initiate a study on the repair and restoration of 
embankments associated with Waco Lake, Texas. The Corps is 
encouraged to work with the City of Waco to continue 
expeditiously on this study and to include appropriate funding 
in future budget submissions.
    Walter F. George, George W. Andrews, and Jim Woodruff Locks 
and Dams.--The Committee understands that there are outstanding 
repair and maintenance needs for the Walter F. George Lock and 
Dam, the George W. Andrews Lock and Dam, and the Jim Woodruff 
Lock and Dam. The Corps is reminded that these activities are 
eligible to compete for additional funding provided in this 
account and is encouraged to include appropriate funding for 
these activities in future budget submissions.
    Water Control Manuals.--The Committee appreciates the 
inclusion of funding in the budget request to undertake water 
control manuals at a significant number of Corps projects in 
fiscal year 2024 and notes the Corps reports that it has no 
additional capability in this area. The Corps is encouraged to 
continue to update water control manuals across its projects, 
especially those projects located in states where a Reclamation 
facility is also located, in regions where Forecast-Informed 
Reservoir Operations projects exist, and where atmospheric 
rivers cause flood damages. The Corps is also encouraged to 
evaluate water control manual updates at Section 7 projects, 
including those in California.
    Water Operations Technical Support (WOTS).--The 
recommendation includes $9,500,000 to continue progress on the 
Forecast-Informed Reservoir operations research program.
    William H. Harsha Lake Continuous Water Quality 
Monitoring.--The Corps is reminded that continuous water 
quality monitoring services related to harmful algal blooms at 
William H. Harsha Lake are eligible to compete for additional 
funding provided in this account, and the Corps is encouraged 
to include appropriate funding for these activities in future 
budget submissions.

                           REGULATORY PROGRAM

 
 
 
Appropriation, 2023...................................      $218,000,000
Budget estimate, 2024.................................       221,000,000
Recommended, 2024.....................................       218,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................        -3,000,000
 

    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.
    Electronic Submission of Permit Applications.--The 
Secretary is encouraged to maintain adequate staffing and 
improve collaboration with permit applicants to expeditiously 
resolve technical difficulties and process permits. In 
addition, the Committee notes continued progress on the 
development of a new system for electronic submission and 
management of documents related to permit applications and 
other regulatory processes. The Committee understands phased 
rollout of this system is planned in fiscal years 2023 and 
2024. The Corps is directed to update the Committee on the 
timeline for deployment and any deviations in the planned 
schedule. In future iterations of this platform, the Corps is 
encouraged to consider digital, cloud-based, interactive 
community engagement technology to expedite the length of time 
to complete necessary project reviews while increasing 
opportunities for public engagement.
    Energy and Mineral Security.--The Corps is urged to 
expedite the consideration and disposition of permit 
applications that would allow for initiation of projects 
related to energy and critical mineral development.
    Mitigation Bank Credits.--The Committee appreciates the 
promise of mitigation banks for accelerating project delivery. 
The Corps is encouraged to approve mitigation bank credits 
expeditiously, consistent with existing laws and regulations. 
Additionally, the Corps is encouraged to continue making 
progress to improve its application of the mitigation hierarchy 
in the 2008 Compensatory Mitigation Rule.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

 
 
 
Appropriation, 2023...................................      $400,000,000
Budget estimate, 2024.................................       200,000,000
Recommended, 2024.....................................       200,000,000
Comparison:
    Appropriation, 2023...............................      -200,000,000
    Budget estimate, 2024.............................             - - -
 

    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 continues to support the prioritization of 
sites, especially those that are nearing completion. The 
Committee is aware that the Corps has completed the Remedial 
Investigation of the former Sylvania nuclear fuel site at 
Hicksville, New York, and is planning to continue a feasibility 
study for the site. The Committee encourages the Corps to 
proceed expeditiously, as appropriate, to complete the study so 
that a remedy for cleanup can be selected in accordance with 
the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA).

                 FLOOD CONTROL AND COASTAL EMERGENCIES

 
 
 
Appropriation, 2023...................................       $35,000,000
Budget estimate, 2024.................................        40,000,000
Recommended, 2024.....................................        40,000,000
Comparison:
    Appropriation, 2023...............................        +5,000,000
    Budget estimate, 2024.............................             - - -
 

    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.
    The Committee notes that traditionally, funding for 
disaster response has been provided in supplemental 
appropriations legislation, including recently in 2023 (Public 
Law 117-328) and that amounts necessary to address damages at 
Corps projects in response to natural disasters can be 
significant. The Committee appreciates initial submission of 
monthly damages assessments, as required by Public Law 115-123. 
The Committee looks forward to continued, regular submissions 
of this report.

                                EXPENSES

 
 
 
Appropriation, 2023...................................      $215,000,000
Budget estimate, 2024.................................       212,000,000
Recommended, 2024.....................................       215,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................        +3,000,000
 

    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.
    Climate Change Officers.--The recommendation provides 
funding equal to the enacted level. Additionally, the 
recommendation rejects the request to fund a person in each 
division office with the responsibility of identifying ways to 
advance resilience to climate change across the nation. No 
funding is provided for this effort, and the Committee expects 
the Corps to utilize this funding to prioritize program 
delivery.
    Responsiveness to Congressional Inquiries.--The Committee 
notes that Corps Districts utilize different processes and 
procedures to communicate with congressional offices regarding 
projects and initiatives of interest. While some Districts 
communicate with congressional offices effectively, the 
Committee has heard concerns that these best practices are not 
employed nationwide. The Committee expects Corps Districts to 
be responsive to congressional inquiries and directs the Corps 
to provide to the Committee, not later than 180 days after 
enactment of this Act, a briefing on a plan to improve 
communication between Corps Districts and members of Congress.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

 
 
 
Appropriation, 2023...................................        $5,000,000
Budget estimate, 2024.................................         6,000,000
Recommended, 2024.....................................         5,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................        -1,000,000
 

    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 25 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 and statutorily required reports including execution 
reports and damage repair estimates, is vital to maintain a 
transparent and open governing process. The Committee 
appreciates the progress made on submitting these reports and 
improvements in providing this factual information necessary 
for informed decision making. The Committee looks forward to 
continued progress and expects these reports to be submitted on 
a regular and timely basis.
    Administrative Costs.--To support additional transparency 
in project costs, the Secretary is directed to ensure that 
future budget submissions specify the amount of anticipated 
administrative costs for individual projects.

          WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM

 
 
 
Appropriation, 2023...................................        $7,200,000
Budget estimate, 2024.................................         7,200,000
Recommended, 2024.....................................         5,000,000
Comparison:
    Appropriation, 2023...............................        -2,200,000
    Budget estimate, 2024.............................        -2,200,000
 

    The financial assistance the Secretary is authorized to 
provide pursuant to the Water Infrastructure Finance and 
Innovation Act (Public Law 113-121) (WIFIA) can play an 
important role in improving the nation's infrastructure. The 
recommendation provides $5,000,000 for program development, 
administration, and oversight.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL


                     (INCLUDING TRANSFER OF FUNDS)

    Section 101 continues a provision that prohibits the 
obligation or expenditure of funds through a reprogramming of 
funds in this title except in certain circumstances.
    Section 102 continues a provision regarding the allocation 
of funds.
    Section 103 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.
    Section 104 continues a provision authorizing the transfer 
of funds to the Fish and Wildlife Service to mitigate for 
fisheries lost due to Corps projects.
    Section 105 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.
    Section 106 continues a provision regarding reallocations 
at a project.
    Section 107 continues a provision prohibiting the use of 
funds in this Act to reorganize or transfer the Civil Works 
functions of the Corps. Nothing in this Act prohibits the Corps 
from contracting with the National Academy of Sciences to carry 
out the study authorized by section 1102 of the AWIA (Public 
Law 115-270).
    Section 108 continues 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 provision clarifies that a 
project's eligibility for additional funding shall be solely 
the professional determination of the Chief of Engineers.
    Section 109 addresses certain definitions for the purposes 
of the Clean Water Act.
    Section 110 allows the possession of firearms at water 
resources development projects under certain circumstances.
    Section 111 prohibits implementation of a rule related to 
eligibility for participation in the Public Law 84-99 program.
    Section 112 addresses use of certain previously 
appropriated funds.

                  TITLE II--DEPARTMENT OF THE INTERIOR


                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

 
 
 
Appropriation, 2023...................................       $23,000,000
Budget estimate, 2024.................................        19,556,000
Recommended, 2024.....................................        23,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................        +3,444,000
 

    The Central Utah Project Completion Act (CUPCA) (Titles II-
VI of Public Law 102-575) provides for the completion of the 
Central Utah Project by the Central Utah Water Conservancy 
District. CUPCA 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. CUPCA 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 
$23,000,000 for the Central Utah Project Completion Account, 
which includes $16,600,000 for Central Utah Project 
construction, $4,650,000 for transfer to the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission, and 
$1,750,000 for necessary expenses of the Secretary of the 
Interior.

                         Bureau of Reclamation


                              INTRODUCTION

    The mission of the Bureau of Reclamation (Reclamation) is 
to develop, manage, 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. 
Reclamation maintains 338 reservoirs with the capacity to store 
140 million acre-feet of water.
    While hydrology in certain western states has improved 
dramatically, other regions continue to experience severe and 
exceptional drought. Infrastructure investments are critical to 
secure water resources for both municipal and agricultural 
usage now and into the future. Accordingly, the Committee 
recommendation includes targeted, increased investments in 
programs to assist western states as they respond to the 
drought crisis and continues to build on long-term efforts to 
address future challenges.
    As Reclamation's facilities reach their design life, the 
projected cost of operating, maintaining, and rehabilitating 
this infrastructure continues to grow, yet Reclamation has not 
budgeted sufficient funding to implement a comprehensive 
program to reduce its maintenance backlog. At the same time, 
Reclamation is increasingly relied upon to supply water 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.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation totals $1,839,953,000, an 
increase of $390,639,000 above the budget request.
    A table summarizing the fiscal year 2023 enacted 
appropriation, the fiscal year 2024 budget request, and the 
Committee recommendation is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2023 enacted     FY 2024 request        Cmte rec.
----------------------------------------------------------------------------------------------------------------
Water and Related Resources.........................          $1,787,151          $1,301,012          $1,693,366
Central Valley Project Restoration Fund.............              45,770              48,508              48,508
California Bay-Delta Restoration....................              33,000              33,000              33,000
Policy and Administration...........................              65,079              66,794              65,079
                                                     -----------------------------------------------------------
    Total, Bureau of Reclamation....................           1,931,000           1,449,314           1,839,953
----------------------------------------------------------------------------------------------------------------

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2023...................................    $1,787,151,000
Budget estimate, 2024.................................     1,301,012,000
Recommended, 2024.....................................     1,693,366,000
Comparison:
    Appropriation, 2023...............................       -93,785,000
    Budget estimate, 2024.............................      +392,354,000
 

    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:


    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 this heading may be utilized for ongoing work, 
including preconstruction activities, on projects that provide 
new or existing water supplies through additional 
infrastructure.
    Of the additional funding provided under the heading 
``Water Conservation and Delivery'', $134,000,000 shall be for 
water storage projects as authorized in section 4007 of Public 
Law 114-322. Of the funding provided under the heading ``Water 
Conservation and Delivery'', $50,000,000 shall be for 
implementing the Drought Contingency Plan in the Lower Colorado 
River Basin to create or conserve recurring Colorado River 
water that contributes to supplies in Lake Mead and other 
Colorado River water reservoirs in the Lower Colorado River 
Basin or projects to improve the long-term efficiency of 
operations in the Lower Colorado River Basin, consistent with 
the Secretary's obligations under the Colorado River Drought 
Contingency Plan Authorization Act (Public Law 116-14) and 
related agreements. None of these funds shall be used for the 
operation of the Yuma Desalting Plant and nothing in this 
section shall be construed as limiting existing or future 
opportunities to augment the water supplies of the Colorado 
River. Of the additional funding provided under the heading 
``Water Conservation and Delivery'', not less than $20,000,000 
shall be for planning or pre-construction activities related to 
projects for the repair of critical Reclamation canals where 
operational conveyance capacity has been seriously impaired by 
factors such as land subsidence, especially those that would 
imminently jeopardize Reclamation's ability to meet water 
delivery obligations in drought prone states. Of the additional 
funding provided under the heading ``Water Conservation and 
Delivery'', not less than $10,000,000 shall be allocated to 
aquifer recharge projects.
    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 projects within the Anadromous 
Fish Screen Program are eligible to compete for the additional 
funding provided under ``Fish Passage and Fish Screens''. 
Reclamation is also reminded that activities authorized under 
Indian Water Rights Settlements and under section 206 of Public 
Law 113-235 are eligible to compete for the additional funding 
provided under ``Water Conservation and Delivery''.
    The Committee provides additional funds for distinct 
categories of works and the Committee notes that funding 
allocations previously have been made from funds available 
under one heading when another funding line is directly 
applicable to the project or activity. The Committee expects 
the activities funded to adhere to the categories for which 
funding is provided.
    Aging Infrastructure Account.--The Committee recommends 
$500,000 for the Aging Infrastructure Account for the purpose 
of making financing available for the cost of emergency and 
extraordinary maintenance improvements to aging federal 
Reclamation-owned facilities. The Committee does not support 
allowing increases or decreases in transfer amounts at this 
time and directs Reclamation to provide to the Committee prior 
to the obligation of any funds for this purpose a report 
detailing implementation plans for this program. As it 
implements the program, Reclamation is encouraged to prioritize 
financing improvements to eligible transferred operation and 
maintenance work beneficiaries in drought prone areas with the 
greatest need for repair.
    Anadromous Fish Screen Program.--The Committee encourages 
Reclamation to complete work on the last two remaining priority 
unscreened diversions on the Sacramento River, both of which 
have been specifically identified as priorities in the 
California Natural Resources Agency's Sacramento Valley Salmon 
Resiliency Strategy. Additionally, Reclamation is encouraged to 
maintain its focus on screening high priority diversions in the 
San Joaquin River Basin.
    B.F. Sisk Dam and San Luis Reservoir.--The Committee is 
aware of seismic issues at B.F. Sisk Dam and supports the 
Bureau of Reclamation's safety of dams modification project to 
remediate this reservoir, which is important for the safety of 
communities below the reservoir and the advancement of the B.F. 
Sisk Dam Raise and Reservoir Expansion Project. The Committee 
notes there are ongoing discussions between Reclamation and the 
state of California over cost-share requirements related to the 
construction of the dam safety project. Accordingly, 
Reclamation is directed to work collaboratively with the State 
of California to ensure a cost-share agreement can be signed 
and the B.F. Sisk Dam Safety of Dams Modification project can 
move forward expeditiously.
    Columbia Basin Project.--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.
    Land Resources Management Program.--No funding is provided 
to purchase electric vehicles or related refueling or 
recharging infrastructure in this program or from any amount 
recommended for Reclamation.
    Milk River Project.--The Committee recognizes the 
importance of the Milk River Project and understands challenges 
associated with the ability to pay for this economically 
disadvantaged community. Reclamation is directed to provide to 
the Committee not later than 90 days after enactment of this 
Act a briefing on the opportunities to improve project 
reliability for project beneficiaries.
    Mni Wiconi Project.--Reclamation is urged to continue 
working with Tribes and appropriate federal agencies to 
coordinate existing authorities and available funding to 
expedite needed community system upgrades and connections, as 
well as transfers of those systems. The Administration is 
encouraged to include appropriate funding for upgrades and 
transferred community systems in future budget requests.
    Research and Development, Desalination and Water 
Purification Program.--The recommendation provides $12,000,000 
from these balances for desalination projects as authorized in 
section 4009(a) of Public Law 114-322.
    Research and Development, Science and Technology Program: 
Airborne Snow Observatory Program.--The recommendation includes 
$4,000,000 for this program to support additional ASO flights.
    Research and Development, Science and Technology Program: 
Snow Water Storage Modeling.--The recommendation provides 
$1,500,000 for Reclamation to continue coordination with the 
U.S. Department of Agriculture and NOAA to improve real-time 
and derived snow water equivalent information such that it can 
be immediately used for water resources decision-making.
    Salton Sea.--The fiscal year 2023 Act directed Reclamation 
to provide a briefing on Reclamation's plan for managing the 
air quality impacts of the estimated 8.75 square miles of lands 
it owns that will emerge from the receding Sea over the next 
decade. The Committee is still awaiting this briefing, and 
Reclamation is directed to provide this briefing not later than 
30 days after enactment of this Act. Reclamation is further 
directed to provide to the Committee not later than 90 days 
after enactment of this Act a report containing an updated 
estimate of anticipated exposed federal lands over the next 
decade and a funding estimate associated with meeting federal 
Salton Sea obligations. Reclamation is encouraged to work with 
other federal agencies with interests at the Salton Sea to 
provide this report.
    San Joaquin River Settlement.--None of the funds in this 
Act are available for the San Joaquin River Settlement.
    WaterSMART Program.--The Committee encourages Reclamation 
to provide information to water utilities regarding tools, 
programs, and financial instruments to address financial losses 
and repairs related to residential water leaks.
    WaterSMART Program, Cooperative Watershed Management 
Program.--The Bureau of Reclamation is strongly encouraged to 
conduct outreach on opportunities with this program for rural 
and Tribal communities, as these regions typically have less 
capacity to develop multi-benefit watershed projects. 
Reclamation is further directed to take additional steps to 
make the program more accessible and shall consider offering 
funding opportunities more than once per year and streamlining 
the application process.
    WaterSMART Program, Environmental Water Resources 
Projects.--Reclamation is reminded that environmental water 
resources projects are eligible to compete for WaterSMART 
grants.
    WaterSMART Program, Title XVI Water Reclamation & Reuse 
Program.--Of the funding provided for this program, $20,000,000 
shall be for water recycling and reuse projects as authorized 
in section 4009(c) of Public Law 114-322.
    Yakima River Basin Water Enhancement Project, Washington.--
The Committee is supportive of the Yakima Basin Integrated 
Plan, developed to address water storage, water supply, and 
fishery and ecosystem restoration needs for agriculture, fish, 
and municipalities within the Yakima River Basin in Central 
Washington and authorized by Public Law 116-9.

                CENTRAL VALLEY PROJECT RESTORATION FUND

 
 
 
Appropriation, 2023...................................       $45,770,000
Budget estimate, 2024.................................        48,508,000
Recommended, 2024.....................................        48,508,000
Comparison:
    Appropriation, 2023...............................        +2,738,000
    Budget estimate, 2024.............................             - - -
 

    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 is 
also financed through additional mitigation and restoration 
payments collected on an annual basis from project 
beneficiaries.
    The Committee recommends an indefinite appropriation, which 
allows Reclamation to expend funds collected in fiscal year 
2024. The estimate of collections in fiscal year 2024 is 
$48,508,000.

                    CALIFORNIA BAY-DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2023...................................       $33,000,000
Budget estimate, 2024.................................        33,000,000
Recommended, 2024.....................................        33,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    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, 2023...................................       $65,079,000
Budget estimate, 2024.................................        66,794,000
Recommended, 2024.....................................        65,079,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................        -1,715,000
 

    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 six regional offices. The Denver and regional 
offices charge individual projects or activities for direct 
beneficial services and related administrative and technical 
costs. These charges are covered under other appropriations.
    The Committee counts on a timely and accessible executive 
branch in the course of fulfilling its constitutional role in 
the appropriations process. The Committee notes routine delays 
or outright failures in responding to congressional inquiries 
that are critical to informed decision making. Reclamation is 
expected to provide timely and complete responses to requests 
for basic information.

                        ADMINISTRATIVE PROVISION

    The bill includes an administrative provision allowing for 
the purchase of not more than 30 replacement motor vehicles.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Section 201 continues a provision regarding the 
circumstances in which the Bureau of Reclamation may reprogram 
funds.
    Section 202 continues a provision regarding the San Luis 
Unit and Kesterson Reservoir in California.

                    TITLE III--DEPARTMENT OF ENERGY


                              INTRODUCTION

    Funds recommended in Title III provide for all Department 
of Energy (Department) programs, including Energy Efficiency 
and Renewable Energy; Cybersecurity, Energy Security, and 
Emergency Response; Electricity; Nuclear Energy; Fossil Energy 
and Carbon Management; Naval Petroleum and Oil Shale Reserves; 
Strategic Petroleum Reserve; Northeast Home Heating Oil 
Reserve; Energy Information Administration; Non-Defense 
Environmental Cleanup; Uranium Enrichment Decontamination and 
Decommissioning Fund; Science; Nuclear Waste Disposal; 
Technology Transitions; Clean Energy Demonstrations; Advanced 
Research Projects Agency--Energy; Title 17 Innovative 
Technology Loan Guarantee Program; Advanced Technology Vehicles 
Manufacturing Loan Program; Tribal Energy Loan Guarantee 
Program; Indian Energy Policy and Programs; Departmental 
Administration; Office of the Inspector General; National 
Nuclear Security Administration (Weapons Activities, Defense 
Nuclear Nonproliferation, Naval Reactors, and Federal Salaries 
and Expenses); Defense Environmental Cleanup; Other Defense 
Activities; Power Marketing Administrations; and Federal Energy 
Regulatory Commission.

                        Committee Recommendation

    The Department of Energy has requested a total budget of 
$52,571,112,000 in fiscal year 2024 to fund programs in its 
four primary mission areas: science, energy, environment, and 
national security. The recommendation provides $49,000,519,000 
for the Department of Energy, $555,160,000 above fiscal year 
2023 enacted and $3,570,593,000 below the budget request.
    The Committee's recommendations for Department of Energy 
programs in fiscal year 2024 are described in the following 
sections. A detailed funding table is included at the end of 
this title.

                        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 this 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.
    The Committee counts on a timely and accessible executive 
branch in the course of fulfilling its constitutional role in 
the appropriations process. Requesting and receiving basic, 
factual information, including budget justification materials 
and responses to inquiries, is vital in order to ensure 
transparency and accountability. While some discussions 
internal to the executive branch may be pre-decisional in 
nature, the Committee's access to the facts, figures, and 
statistics that inform the decisions of the executive branch 
are not subject to the same sensitivities. The Committee shall 
have ready and timely access to information from the 
Department, Federally Funded Research and Development Centers, 
and any recipient of funding from this Act. Further, the 
Committee appreciates the ability for open and direct 
communication with all recipients of funding from this Act, and 
the Department shall not interfere with such communication and 
shall not penalize recipients of funding from this Act for such 
communication.

                 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 the bill. 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 shall 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 provided, 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 shall not be 
implemented prior to approval by the Committee.
    Transfers.--As in fiscal year 2023, 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.

                        DEPARTMENTAL MANAGEMENT

    Staff Augmentation.--The Committee is concerned with the 
number of laboratory contractor employees being utilized to 
augment sensitive positions traditionally reserved for senior 
federal employees and political appointees. The Department is 
directed to provide to the Committee, not later than 60 days 
after enactment, a report detailing the number, position, 
assignment duration, and cost, if reimbursable by the 
Department, on the aforementioned staff augmentations.
    Future Year Energy Plan.--The Comptroller General of the 
United States is directed to review the interagency actions 
causing delayed implementation of section 304 of division B of 
the Consolidated Appropriations Act, 2012 (Public Law 112-74).
    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.
    SBIR and STTR Programs.--The Department is directed to use 
the definition of research and development as provided by the 
Small Business Innovation Development Act of 1982 and Small 
Business Administration's ``SBIR and STTR Program Policy 
Directive'' for the purposes of the Department's SBIR and STTR 
programs. Additionally, the Department is directed to 
investigate the feasibility of administering all or part of the 
SBIR and STTR programs for applied Departmental program offices 
through the Office of Technology Transitions and to report its 
findings to the Committee not later than 180 days after 
enactment of this Act.
    Mortgaging Future-Year Awards.--The Committee remains 
concerned about the Department's practice of making awards 
dependent on funding from future years' appropriations. The 
fiscal year 2022 Act directed the Department to provide a 
briefing on how it can better track and provide information 
about the accounting of future-year awards by control point. 
The Committee is still awaiting this briefing and directs the 
Department to provide it not later than 15 days after enactment 
of this Act.
    General Plant Projects.--In alignment with the requirements 
of section 3118(c) of the National Defense Authorization Act 
for FY2010, the Department is directed to notify the Committee 
at least 15 days prior to starting any General Plant Project 
unless the project is directed by this recommendation or 
explicitly included in the fiscal year 2024 budget request.
    The Department is directed to develop a strategy to ensure 
entities that receive funding under this title and that are 
partnering with foreign-owned or partially foreign-owned 
organizations are protecting novel technologies from, and the 
flow of information to, off-shored entities. This strategy 
shall include mechanisms to conduct effective oversight to 
protect this technology and information. The Department is 
directed to provide to the Committee not later than 180 days 
after enactment of this Act a briefing on this strategy.

                        MULTI-PROGRAM DIRECTIVES

    Commonwealth of Puerto Rico and the U.S. Virgin Islands.--
The Committee notes that the fiscal year 2023 House report 
directed the Department to provide a briefing on its efforts to 
offer technical and other programmatic assistance to the 
Commonwealth of Puerto Rico regarding the implementation of 
innovative energy technologies.
    DOE and USDA Interagency Working Group.--The Committee 
supports the establishment of the interagency working group to 
promote energy and develop technologies that will support and 
advance agricultural communities and domestic manufacturing, as 
required by the Agriculture Improvement Act of 2018. The 
Committee directs the working group to pursue joint activities 
related to the research and development of climate-controlled, 
affordable, deployable, energy- and water-efficient 
technologies for four-season food production platforms.
    Energy-Water Nexus.--The Committee supports the 
Department's ongoing efforts, including through the Water 
Security Grand Challenge, on advancing transformational 
technology and innovation to meet the global need for safe, 
secure, and affordable water. The Committee recognizes the 
impact of water security and availability on energy production 
and reliability and the growing interconnectedness between 
energy and water systems. The Department is directed to 
continue programs that provide technology innovation, modeling 
and assessment tools, technical support, planning tools to 
inform financing, and workforce development to focus on the 
energy-water nexus. The Committee supports the Department's use 
of a diverse portfolio of prizes; competitions; research, 
development, and demonstration; and other programs.
    Industrial Sector Research and Development Activities.--The 
Committee supports the Department's efforts to foster 
innovation and enable rapid scale up of cost-competitive, low-
emissions technologies for the industrial sector. The 
Department is directed to provide to the Committee not later 
than 90 days after enactment of this Act a Multi-Year Program 
Plan (MYPP) to ensure coordination across all participating 
offices. The MYPP should be updated annually to reflect changes 
in technology development.
    Quantum Computing International Sourcing.--The Committee is 
concerned that the implementation of foreign-sourced quantum 
technologies within the Department and its installations has 
great potential to pose a risk to our national security 
priorities. As the Department and its ecosystem partners 
continue to advance our quantum computing capabilities, it is 
imperative that the United States leverage its international 
allies to outpace our adversaries in the development of such 
technologies. The Committee appreciates the ongoing efforts of 
the United States to promote cooperation between United States, 
United Kingdom, and Australia on quantum computing under the 
AUKUS Quantum Arrangement and encourages increased cooperation 
under the AUKUS partnership. Accordingly, the Committee directs 
the Department to submit to the Committee not later than 180 
days following the enactment of this Act a report on the 
international sourcing of quantum computing technologies, to 
include refrigeration systems, magnets, and other foundational 
components of such systems, and the threat posed by continued 
reliance on those components to the advancement of quantum 
computing technologies in the United States. Further, 
considering the advancements in quantum computing by rival 
international actors, this report should discuss strategies for 
sourcing quantum computing components exclusively from 
countries already party to a security cooperation agreement 
with the United States. This report should be unclassified but 
may include a classified annex.
    Hydrogen Energy and Fuel Cell Coordination.--The Department 
is directed to coordinate its efforts in hydrogen energy and 
fuel cell technologies across EERE, FECM, NE, OE, the Office of 
Science, the Office of Clean Energy Demonstrations, the 
Advanced Research Projects Agency--Energy, and any other 
relevant program offices to maximize the effectiveness of 
investments in hydrogen-related activities.

                            ENERGY PROGRAMS


                 Energy Efficiency and Renewable Energy


 
 
 
Appropriation, 2023...................................    $3,460,000,000
Budget estimate, 2024.................................     3,826,116,000
Recommended, 2024.....................................     2,994,000,000
Comparison:
    Appropriation, 2023...............................      -466,000,000
    Budget estimate, 2024.............................      -832,116,000
 

    The Energy Efficiency and Renewable Energy account supports 
activities of the Office of Energy Efficiency and Renewable 
Energy, the Office of State and Community Energy Programs, the 
Office of Manufacturing and Energy Supply Chains, and the 
Federal Energy Management Program.
    The Office of Energy Efficiency and Renewable Energy (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, 
focuses on efforts to enable greater vehicle electrification, 
commercially viable hydrogen fuel cell trucks, sustainable 
aviation fuel from biomass, and lower-pollution options for 
off-road vehicles, rail, and maritime transport. The renewable 
energy portfolio, which consists of the solar, wind, water, 
geothermal, and renewable energy integration programs, supports 
efforts to reduce the costs and accelerate the use and 
integration of renewables to contribute to a reliable, secure, 
and resilient electric grid. The energy efficiency portfolio, 
which consists of the industrial efficiency and 
decarbonization, advanced materials and manufacturing 
technologies, and buildings programs, develops cost-effective 
solutions to reduce energy consumption in plants, buildings, 
and homes.
    The Office of State and Community Energy Programs (SCEP) 
focuses on efforts under the Weatherization Assistance Program 
and State Energy Program to increase energy affordability and 
efficiency by working with state and local-level implementation 
partners.
    The Office of Manufacturing and Energy Supply Chains (MESC) 
prioritizes activities to strengthen and secure manufacturing 
and energy supply chains needed to modernize the nation's 
energy infrastructure.
    The Federal Energy Management Program (FEMP) provides 
technical assistance and financial assistance to federal 
agencies to reduce energy consumption by identifying affordable 
solutions, facilitating public-private partnerships, and 
sharing and leveraging government best practices.
    The Department is directed to maintain a balanced portfolio 
of research, development, demonstration, and deployment 
activities. The Department is encouraged to examine its 
portfolio on a regular basis and prioritize activities as 
necessary to maintain balance across research, development, 
demonstration, and deployment activities.
    Aquatic Decarbonization.--The recommendation provides up to 
$40,000,000 for crosscutting efforts that will contribute to 
multiple areas of ocean- and water-based energy technologies 
and support research, development, and infrastructure that 
leverages the Department's existing ocean-based assets and 
infrastructure. The Department is directed to provide to the 
Committee prior to the obligation of these funds a detailed 
spending plan highlighting which offices are contributing to 
this effort and the planned investments in research, 
development, and deployment, including infrastructure needs.
    Industrial and Manufacturing Technologies.--The Committee 
supports the Department's efforts to increase energy 
efficiency, reduce emissions, and implement smart manufacturing 
improvements in the industrial and manufacturing sectors. The 
Committee notes the advances the Department has made in the 
research and development space and urges the Department to 
continue its focus on research, demonstration, and deployment 
activities as well as technical assistance.
    Manufactured Housing.--The Department is directed to 
coordinate with the Department of Housing and Urban Development 
when developing any energy standards for manufactured housing. 
The goal of such coordination should be that any future energy 
standards would be agreed upon by both Departments prior to 
being adopted into the Manufactured Housing Construction and 
Safety Standards (24 C.F.R. 3280).
    Workforce Development.--The Committee supports training and 
workforce development programs that assist and support workers 
in trades and activities required for the continued growth of 
the U.S. energy sector, including training programs focused on 
building retrofits, the construction industry, and the electric 
vehicle industry. The Department is encouraged to continue to 
work with two-year, community and technical colleges; labor; 
and nongovernmental and industry consortia to pursue job 
training programs, including programs focused on displaced 
fossil fuel workers, that lead to an industry-recognized 
credential in the energy workforce.

                       SUSTAINABLE TRANSPORTATION

    The recommendation provides $35,000,000 to continue the 
SuperTruck III program in support of the electrification of 
medium- and heavy-duty vehicles, including Class-8 long haul 
trucks, and associated charging infrastructure.
    Vehicle Technologies.--The recommendation provides not less 
than $190,000,000 for Battery and Electrification Technologies, 
including for electric vehicle (EV) battery recycling 
technology.
    The recommendation provides up to $10,000,000 to improve 
12-volt lead batteries for safety-critical EV applications.
    The recommendation provides $2,000,000 for a competitive 
solicitation for university-led teams to develop vehicular or 
structural strategies to reduce the likelihood of cascading 
effects during EV fires.
    The recommendation provides $2,000,000 for further 
research, development, and demonstration activities on advanced 
wireless power transfer technologies, including charging coils 
that reduce cost and improve performance of wireless power 
transfer, and to demonstrate wireless vehicle charging, 
including in colder climates that have high ratios of renewable 
energy generation.
    The recommendation provides not less than $35,000,000 for 
Decarbonization of Off-Road, Rail, Marine, and Aviation 
Technologies.
    The recommendation provides $10,000,000 for research and 
development of engine architectures that integrate low-carbon 
fuels like ethanol and biodiesel, including the performance of 
these engines on higher blends of renewable fuels.
    The recommendation provides $5,000,000 to continue research 
and development in advanced combustion and engine technology 
efficiency in propane engines used for medium- and heavy-duty 
on-road and non-road applications. This research should include 
direct injection and engine technology and the use of dimethyl 
ether.
    The recommendation provides up to $15,000,000 to advance 
energy efficiency improvements and low-carbon fuels for off-
road applications. The Department is directed to prioritize 
applications in ports, warehouses, and railyards. Within these 
funds, the recommendation provides up to $5,000,000 for fluid 
power systems. These funds shall be awarded through a 
competitive solicitation in which university and industry teams 
are eligible to apply.
    The recommendation provides $100,000,000 for Vehicle 
Technology Integration and Deployment, previously called 
Outreach, Deployment, and Analysis.
    The Department is directed to continue to support the Clean 
Cities alternative fuels deployment program focused on vehicles 
that can deliver lower emissions and meet customer needs, which 
can include vehicles powered by biofuels, electricity, 
hydrogen, natural gas, renewable natural gas, propane, and 
renewable propane. The nation's Clean Cities Coalitions are 
uniquely suited to assist state and local governments, school 
districts, and public and private sector fleets with successful 
implementation of the sustainable transportation programs. 
Within available funds, the recommendation provides not less 
than $65,000,000 for deployment through the Clean Cities 
program, including not less than $20,000,000 in direct 
cooperative agreements with the Clean Cities Coalitions and not 
less than $40,000,000 for competitive grants to support 
alternative fuel, infrastructure, new mobility, and vehicle 
deployment activities. When issuing competitive grants in 
support of these activities, the Department is encouraged to 
include some awards that range from $500,000 to $1,000,000 each 
and to 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 further encourages the Department 
to prioritize projects that can contribute the greatest 
reductions in lifecycle emissions. The Committee encourages the 
Department to work with the Department of Transportation and 
industry on coordinating efforts to deploy EV charging 
infrastructure. The Committee encourages the Department to 
explore ways in which the Clean Cities Program can leverage 
funding to provide greater support, including through grants, 
technical assistance, and community engagement, for 
electrification efforts.
    The recommendation provides not less than $5,000,000 for 
electric vehicle workforce development activities. The 
Department is encouraged to build upon its existing 
partnerships with the GridEd workforce training program to 
advance a national electric vehicle workforce.
    The Department is encouraged to support the development of 
all-electric harbor assist tugs designed for deployment in 
harbors within the Great Lakes Region and other inland 
waterways.
    The recommendation provides $40,000,000 for Energy 
Efficient Mobility Systems. The recommendation includes no 
funding for the new requested activity to link workforce 
development and clean energy outcomes in underserved 
communities.
    The Committee recognizes combusting hydrogen in internal 
combustion engines may offer a practical pathway to zero-carbon 
fuels. The recommendation provides $10,000,000 for novel engine 
designs that can achieve significant efficiency improvements in 
hydrogen combustion. The Department is encouraged to support 
research and development for hydrogen combustion by two-stroke 
opposed piston engines.
    The Committee encourages the Department, in coordination 
with the Joint Office of Energy and Transportation (Joint 
Office), to ensure that analysis and accommodation of the 
unique needs of medium- and heavy-duty electric vehicle 
charging infrastructure are included in electric vehicle 
infrastructure deployment and guidance.
    The Committee is concerned about the challenge of remotely 
located charging sites, especially those not in proximity to 
the existing electric grid as well as in grid-constrained 
areas. The Committee encourages the Hydrogen Fuel Cells 
Technology Office to coordinate with the Joint Office to 
examine the potential of hydrogen to provide power for electric 
vehicle charging in grid-constrained locations.
    The Committee recognizes the increasing domestic 
manufacturing opportunities for electric battery production for 
vehicles. The Committee encourages the Department to expand 
domestic manufacturing opportunities for electric vehicle 
batteries and associated technologies, including advanced 
battery charge control optimization technologies that are 
proven to improve safety, extend cycle life, and enhance 
charging speeds, including cold weather charging.
    The Committee notes there are ongoing efforts to further 
the use of technologies that will reduce emissions in existing 
locomotive fleets, such as different blends of renewable diesel 
and biodiesel, as well as to accelerate the commercial 
viability of alternative propulsion methods, including 
batteries and hydrogen fuel cells. The Committee directs the 
Department to regularly consult with railroads and rail 
manufacturers and suppliers to determine which research 
projects will best advance the commercial viability of these 
respective technologies and help to identify the pathway to 
decarbonization for the industry.
    The Committee encourages the Department to coordinate 
electric vehicle and related infrastructure funding with other 
relevant agencies.
    The Committee directs EERE and the Office of Fossil Energy 
and Carbon Management to jointly issue a competitive 
solicitation for research, development, and demonstration 
projects that combine both recycling technologies and rare 
earth element separation technologies.
    The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a briefing on an 
assessment of the effects of EVs on energy demand, consumer 
costs, critical mineral demand and conservation, grid 
reliability and integration, and energy security and how 
varying efficiency of EVs would alter these effects. In 
conducting the assessment, the Department should seek input 
from industry and other relevant stakeholders, as appropriate.
    Bioenergy Technologies.--The recommendation provides not 
less than $45,000,000 for feedstock technologies research and 
the Biomass Feedstock National User Facility and $40,000,000 
for algae-related activities.
    The recommendation provides $4,000,000 for research and 
development of the increased viability of renewable propane to 
pursue new production pathways to sustainable aviation fuel and 
other high-impact products from municipal waste; agricultural 
residue; forest resources; and fats, oils, and grease.
    The Committee directs the Department to work with the U.S. 
Department of Agriculture to update the 2016 Billion Ton Study 
and report on the availability of all potential feedstock 
sources for biofuels, including from forestry and agriculture, 
and evaluate the true potential of crop-based biofuels such as 
ethanol, biodiesel and renewable diesel, as well as crop-based 
aviation fuel. The updated study should further explore the 
potential of biomass-based feedstock coupled with carbon 
capture and sequestration to generate fuels with negative 
carbon intensities.
    The Committee encourages the Department's continued work on 
sustainable aviation fuels. The Committee is aware that the 
Department has convened a lifecycle greenhouse gas emissions 
working group to define and agree on the appropriate science-
based methodology for establishing lifecycle emissions 
reductions under the Sustainable Aviation Fuel Grand Challenge. 
The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a report 
outlining carbon accounting tools under consideration by the 
working group and an assessment of how feedstocks compare under 
the Argonne GREET model versus other models.
    Hydrogen and Fuel Cell Technologies.--The Department is 
directed to maintain a diverse program that focuses on early-, 
mid-, and late-stage research and development and technology 
acceleration, including market transformation. The Department 
is directed to continue to emphasize hydrogen production and 
the development of hydrogen refueling infrastructure nationwide 
to accelerate the adoption of zero-emission fuel cell 
transportation. The Department is directed to maintain regular 
consultation with industry to avoid duplication of private-
sector activities and ensure retention of fuel cell technology 
and systems development in the United States.
    The Department is directed to continue research and 
development activities aimed at reducing the cost of hydrogen 
production, storage, and distribution. This work should include 
novel onboard hydrogen tank systems, trailer delivery systems, 
and development of systems and equipment for hydrogen 
pipelines. In addition, the Department is directed to continue 
research and development activities reducing cost, increasing 
durability, and improving the efficiency and performance of 
critical hydrogen hardware such as measurement devices for 
fueling stations, hydrogen compressor components, and other 
hydrogen station dispensing components.
    The recommendation provides not less than $100,000,000 for 
H2@Scale activities to support the development of hydrogen as a 
clean energy resource for hard-to-electrify transportation 
applications and to help build out the infrastructure needed to 
transport and store hydrogen.
    The recommendation provides up to $60,000,000 for 
technologies to advance hydrogen use for hard-to-electrify 
transportation applications, including locomotives, maritime 
shipping, and aviation.
    The Committee notes that hydrogen carriers can play a 
critical role in enabling widespread adoption of hydrogen 
energy for commercial, industrial, and transportation use. The 
recommendation provides $10,000,000 for hydrogen carriers for 
delivery, storage, and release. The Committee directs the 
Department to coordinate its work on hydrogen carriers with the 
national laboratories, the Office of Science, and the Office of 
Clean Energy Demonstrations.
    The Committee supports the Department's continued 
activities for high temperature electrolyzer development and 
integrated pilot level technology testing and validation, 
including at national laboratories.
    The Department is directed to assess how alkaline and 
proton exchange membrane (PEM) electrolyzers respond to 
variable operation conditions associated with electricity from 
intermittent sources, specifically the impact on performance 
and lifetime. The Department is directed to conduct large-scale 
testing and analysis in conjunction with an electric power 
research organization, utilities, and other stakeholders. The 
Department is directed to conduct tests under various 
conditions and configurations and in geographically diverse 
regions, including the Northeast. The results shall be made 
publicly available to contribute to grid reliability and plant 
design optimization.

                            RENEWABLE ENERGY

    The Committee supports the work the Wind Energy 
Technologies Office and the Water Power Technologies Office are 
doing to support university-led research projects related to 
resource characterization, site planning, aquaculture 
assessments, community outreach, and planning for long term 
environmental monitoring for applications of marine energy and 
floating offshore wind technologies to support sustainable, 
scalable aquaculture production.
    Solar Energy Technologies.--The recommendation provides 
$60,000,000 for Concentrating Solar Power Technologies and 
$77,000,000 for Photovoltaic Technologies.
    The recommendation provides $35,000,000 for Balance of 
Systems Soft Cost Reduction. The Committee is encouraged by the 
success of the SolarAPP+ program in facilitating easier, less 
expensive, faster, and more efficient permitting for solar 
projects through automation. The Department is encouraged to 
explore ways in which similar automated processes can increase 
efficiency and predictability in establishing interconnections 
with the utility distribution grid.
    The recommendation provides not less than $5,000,000 for 
the National Community Solar Partnership program.
    The Committee supports the Department's decision to award 
funding for the Cadmium Telluride (CdTe) Accelerator Consortium 
as a comprehensive and systematic approach to support CdTe 
photovoltaics. This work will advance low-cost manufacturing 
techniques and domestic research in this important domestic 
sector. The Committee notes that the United States is a leader 
in CdTe manufacturing, contributing to high-value job 
production in the Midwest and elsewhere. The recommendation 
provides not less than $30,000,000 for research, development, 
and demonstration activities related to cadmium telluride. This 
work shall align with the goals of the technology roadmap for 
research: reducing CdTe module manufacturing costs, addressing 
supply chain challenges, achieving greater cell and module 
efficiency, cutting CdTe solar costs while extending solar 
panel life, and increasing the global market share of 
domestically produced photovoltaics.
    The recommendation provides $25,000,000 for research, 
development, and demonstration activities related to 
perovskites.
    The Committee is aware of and supports the recently 
established Perovskite Accelerator for Commercializing 
Technologies (PACT) Center, which has been established for 
testing the durability of perovskite photovoltaics. The 
Department is encouraged to consider establishment of a 
companion research accelerator to advance the underpinnings of 
the technology, following the model established for the CdTe 
Consortium that was announced by the Department in 2020.
    The Department is directed to continue supporting the 
regional demonstration sites under the Solar Energy 
Technologies Office.
    The Committee supports research activities to develop 
advanced low-cost manufacturing process technologies, including 
reduced material consumption and faster processing with fewer 
steps. The Committee also supports early-stage research on 
photovoltaics based on earth-abundant materials focusing on 
scalable production methods, material stability, and ultrahigh 
efficiency tandem photovoltaic cell manufacturing approaches.
    Wind Energy.--The recommendation provides not less than 
$18,000,000 for distributed wind technologies to support 
research activities that lead to lower costs and increased 
deployments of distributed wind systems for rural homes, farms, 
and other applications.
    Within available funds for offshore wind, the 
recommendation provides $10,000,000 for continued development 
of floating foundation technologies, including concrete, for 
floating wind turbines.
    Within available funds for offshore wind, the 
recommendation provides $6,000,000 for Centers of Excellence 
focused on offshore wind energy engineering, infrastructure, 
supply chain, transmission, and other pertinent issues required 
to support offshore wind in the United States.
    The Committee supports collaborations with the National Sea 
Grant College Program for regional capacity to provide science-
based community engagement associated with floating offshore 
wind development and encourages continuation and expansion of 
its efforts.
    The Committee continues to support efforts to develop a 
university-based testing facility for industrial prototyping 
and manufactoring of turbine systems capable of producing 
upwards of 30 megawatts of power per unit and grid integration 
efforts for offshore wind turbine capabilities.
    Water Power.--The recommendation provides $50,000,000 for 
Hydropower Technologies and $105,000,000 for Marine Energy.
    The Committee remains supportive of the Department's 
ongoing scoping activities toward establishing a network of 
hydropower testing facilities. The recommendation provides up 
to $10,000,000 to begin implementation of the recent scoping 
analysis, including design and engineering activities.
    The recommendation provides up to $5,000,000 for irrigation 
modernization demonstration and deployment activities including 
physical sites and digital tools that advance energy, water, 
environmental, community, and agricultural benefits.
    The recommendation provides up to $10,000,000 for the 
purposes of sections 242 of the Energy Policy Act of 2005.
    Within available funds, the recommendation provides 
$24,000,000 for the Powering the Blue Economy efforts. The 
Department is directed to continuing leveraging existing core 
capabilities at national laboratories to execute this work, in 
partnership with universities and industry.
    Within available funds, the recommendation provides not 
less than $10,000,000 for continuation of foundational research 
activities led by the National Marine Energy Centers and 
affiliated universities and research institutions.
    Within available funds for Marine Energy, the 
recommendation provides up to $15,000,000 to address 
infrastructure needs at marine energy technology testing sites.
    The Department is directed to continue to coordinate with 
the U.S. Navy and other federal agencies on marine energy 
technology development for national security and other 
applications.
    The Committee supports the Department's engagement on 
research and workforce development with U.S. universities, 
particularly with its National Marine Renewable Energy Centers. 
The Committee encourages the Department to continue its 
Powering the Blue Economy efforts, including crosscutting 
initiatives within EERE and with other federal partners that 
integrate marine energy harvesting, energy storage, and 
continuous, wide area environmental monitoring.
    Geothermal Technologies.--The recommendation provides not 
less than $100,000,000 for competitively awarded enhanced 
geothermal system demonstrations (EGS) and next-generation 
geothermal demonstration projects in diverse geographic areas. 
The Department is encouraged to prioritize EGS demonstration 
projects that have previously received earlier-stage 
competitive Frontier Observatory for Research in Geothermal 
Energy (FORGE) funding to test and validate their technology. 
The Department is directed to include demonstration projects in 
an area with no obvious surface expression or to develop deep, 
direct use geothermal technologies to distribute geothermal 
heat through an integrated energy system or district heating 
system. The Department is directed to consider geothermal 
demonstrations in which water, at that depth, would reach 
supercritical conditions and demonstrate incremental 
improvements toward producing supercritical water at the 
surface. In addition, the Committee urges the Geothermal 
Technologies Office to focus on the development of a pathway to 
producing high-temperature geothermal energy on a commercial 
scale.
    Within available funds, the recommendation provides 
$40,000,000 for FORGE.

                           ENERGY EFFICIENCY

    Advanced Manufacturing.--The Committee accepts the budget 
request proposal to split the Advanced Manufacturing Office 
into two new control points: the Industrial Efficiency and 
Decarbonization Office and the Advanced Materials and 
Manufacturing Technologies Office. The Committee notes the 
budget request lacks clarity on specific funding levels for 
numerous ongoing programs. The Committee directs the Department 
to provide additional information on funding levels for the 
Manufacturing Demonstration Facility, the Critical Materials 
Institute, and the Clean Energy Manufacturing Innovation 
Institutes.
    Industrial Efficiency and Decarbonization.--Within 
available funds, the recommendation includes $10,000,000 to 
support research and development of innovative technologies 
aimed at both increasing U.S. technological and economic 
competitiveness and reducing emissions in the production of 
iron, steel, and steel mill products.
    Within available funds, the recommendation provides 
$20,000,000 for continued research for energy efficiency 
improvement and emissions reduction in the chemical industry, 
including dynamic catalyst science coupled with data analytics.
    Within the available funds, the recommendation provides 
$20,000,000 for technical assistance and research and 
development to help water and wastewater treatment facilities 
achieve energy efficiency, including through the deployment of 
alternative energy sources, as appropriate. The Department is 
encouraged to support innovation in water technologies that 
will incentivize technology developments for the blue economy.
    The Committee notes that industrial drying processes 
consume approximately 10 percent of the process energy used in 
the manufacturing sector. Within available funds, the 
recommendation provides $10,000,000 for the issuance of a 
competitive solicitation for university and industry-led teams 
to improve the efficiency of industrial drying processes.
    Within available funds, the recommendation provides not 
less than $10,000,000 for the Lab-Embedded Entrepreneurship 
Program to advance the entrepreneurial development of clean 
energy innovations.
    Within available funds, the recommendation provides up to 
$5,000,000 to support research and development activities to 
test water reuse technologies in chips manufacturing 
specifically targeting high-yield manufacturing regions facing 
water scarcity issues.
    The Committee directs EERE to coordinate research efforts 
on industrial emissions with FECM and to partner with an 
institution of higher learning to conduct research on air 
emissions from energy-intensive manufacturing facilities, such 
as cement facilities. The research shall focus on the 
combustion and energy recovery of non-traditional fuels, such 
as biomass, wood, pulp and paper, agricultural waste, plastics, 
and municipal waste. The Committee expects the program to 
collect data to better analyze calorific and heating values; 
emissions data for lifecycles of the fuel; fuel collection, 
processing, and supply efforts; and any regulatory barriers. 
The Committee directs the Department to provide not later than 
90 days after enactment of this Act a briefing on the status of 
its data collection efforts.
    The Committee notes the Energy-Water Desalination Hub has 
been fully funded through fiscal year 2024 and does not require 
additional funding in this Act.
    Advanced Materials and Manufacturing Technologies.--Within 
available funds, the recommendation provides $25,000,000 for 
the Manufacturing Demonstration Facility (MDF) and the Carbon 
Fiber Technology Facility.
    Within available funds, the recommendation provides 
$50,000,000 for Critical Materials, including the Critical 
Materials Institute and additional research, development, and 
demonstration activities for efficient material production and 
recycling, as well as production of alternatives.
    The recommendation provides $60,000,000 for Energy 
Technology Manufacturing.
    Within available funds, the recommendation provides 
$10,000,000 for the development of advanced tooling for 
lightweight automotive components. The Department is directed 
to further foster the partnership between the MDF, 
universities, and industry in the Great Lakes region for 
economic growth and technology innovation, thereby accelerating 
technology deployment and increasing the competitiveness of 
U.S. manufacturing industries.
    Within available funds, the recommendation provides 
$5,000,000 to develop a framework enhancing the utilization of 
additive manufacturing technologies to rapidly and sustainably 
manufacture largescale structures. The Department is encouraged 
to partner with industry experienced in the industrialization 
of additive manufacturing of structural components in carrying 
out this research.
    Within available funds, the recommendation provides 
$5,000,000 for the issuance of a competitive solicitation for 
industry-led teams to lessen the dependence on using foreign 
suppliers of films, reduce the energy transportation costs of 
using foreign-made films, and develop critical domestic 
manufacturing capabilities to produce nanolayered capacitor 
film and film manufacturing capabilities.
    Within available funds, the recommendation provides 
$5,000,000 for advanced manufacturing of large offshore wind 
blades.
    Within available funds, the recommendation provides up to 
$20,000,000 to continue development of additive manufacturing 
involving nanocellulose feedstock materials made from forest 
products. This work shall be conducted in partnership with the 
MDF to leverage expertise and capabilities for large scale 
additive manufacturing.
    The Committee supports research and development activities 
to improve the sustainability and competitiveness of U.S. 
mining operations, including the beneficial use of byproducts 
such as capturing excess nitrogen oxide and utilizing it to 
produce ammonium sulfate fertilizer suitable for agricultural 
use.
    Building Technologies.--The recommendation provides 
$55,000,000 for Commercial Building Integration, $45,000,000 
for Residential Buildings Integration, and $40,000,000 for 
Equipment and Building Standards.
    The recommendation provides $10,000,000 for Building Energy 
Codes to meet statutory obligations.
    The Committee recommends not less than $25,000,000 for 
research, development, demonstration, and commercial 
application activities related to advanced solid-state lighting 
technology development. These activities shall include research 
considering the intersection of solid-state lighting efficiency 
and human health and new market deployment opportunities. In 
accordance with the Energy Policy Act of 2005, the Department 
is encouraged to work in coordination with the industry 
alliance that was established as part of the Act.
    The Department is encouraged to ensure its support of 
technical assistance and workforce development activities is 
reaching small energy efficiency businesses that have had 
difficulties accessing federal support.
    The Committee urges the Department to support, to the 
extent practicable, research and development to advance the 
effectiveness of American-made insulation and weatherization 
materials used in the construction of residential homes and 
commercial buildings to improve building envelope integrity and 
energy efficiency.
    The Department is encouraged to advance research that 
supports building upgrades and energy efficiency retrofits of 
homes. This work may include partnerships with cities, states, 
affordable housing entities, utilities, manufacturers, and 
others to spur innovative approaches and dramatically drive 
investment in energy upgrades of homes. In addition, these 
efforts may include work in grid-integrated efficient buildings 
and inclusion of smart grid systems, demand flexibility, as 
well as new initiatives in workforce training to ensure the 
technology and research findings reach practitioners. Programs 
and investments may promote solutions that consider consumer 
interests and are therefore more likely to gain widespread 
uptake. The Department is encouraged to support research, 
demonstration, and field testing of new technology and focusing 
on facilitating widespread deployment and dissemination of 
information and best practices through direct engagement with 
builders, the construction trades, equipment manufacturers, 
smart grid technology and systems suppliers, integrators, and 
state and local governments and other market transformation 
activities.
    The Department is encouraged to continue to explore 
research and development that can advance future natural gas, 
renewable natural gas, propane gas, and renewable propane gas 
systems and appliances, including hybrid technologies and 
controls, to meet consumer demand for high efficiency and 
environmentally friendly products. The Department is encouraged 
to continue research, development, and market transformation 
programs on energy efficiency and demand management efforts 
related to the direct use of natural gas and propane gas in 
residential applications, including gas heat pump heating with 
power generation and water heating, on-site combined heat and 
power, and gas appliance venting, and on site (micro) combined 
heat and power including a cooling integration with renewables.
    The Committee recognizes the mission of the Department to 
advance research to improve energy efficiency in industrial 
buildings and directs the Department to support collaborative 
projects with the Department of Agriculture's Agricultural 
Research Service (ARS) to improve the energy efficiency in 
controlled environmental agriculture (CEA). The Committee 
encourages the Department, in collaboration with the ARS, to 
investigate and evaluate use of thin films to prevent 
emissions, improve energy efficiency, and maintain target 
temperatures and light levels.
    The Committee is encouraged by the potential of ground 
source heat pumps to help cost-effectively reduce building 
energy consumption, reduce emissions, and increase resiliency 
in the building sector. The Committee encourages the Buildings 
Technologies Office, in coordination with the Geothermal 
Technologies Office, to consider ground source heat pumps into 
its building efficiency technologies initiatives and funding 
opportunities. The Committee directs the Department to provide 
a briefing to the Committee not later than 90 days after 
enactment of this Act regarding steps it is taking to increase 
the use of this cost-saving technology.

                  STATE AND COMMUNITY ENERGY PROGRAMS

    Within State and Community Energy Programs, the Department 
is encouraged to provide technical assistance for energy 
efficiency and resiliency retrofits to public buildings, 
including schools, hospitals, and community centers.
    The Department is encouraged to coordinate activities to 
convene municipal governments, provide robust and tailored 
technical assistance to municipal governments, and provide 
funding and support to municipal governments or national and 
local partner organizations to implement best practices to 
advance energy efficiency adoption, building and vehicle 
electrification, grid modernization, distributed electricity 
generation, and workforce development at the local level. The 
Department is encouraged to include work with organizations 
that convene and support municipal governments.
    The Committee recognizes the importance of providing funds 
to states, local governments, and tribes in a timely manner to 
avoid any undue delay of services to eligible low-income 
households. Therefore, the Department is directed to obligate 
funds expeditiously to grantees.
    Weatherization.--The Department is encouraged to work 
collaboratively with the Building Technologies Office to 
develop a unified approach to residential workforce training 
and standardized residential energy efficiency upgrade 
packages.

                 MANUFACTURING AND ENERGY SUPPLY CHAINS

    The Committee supports the continued operation of the 
university-based Industrial Assessment Centers (IAC), including 
new assessments with small and medium-sized manufacturers. The 
Committee encourages the Department to ensure the existing IACs 
also will work with other assessment centers at community 
colleges, technical schools, and workforce training programs.
    The Committee recognizes the importance of permanent rare 
earth magnets in defense applications, energy technologies, and 
other commercial products. As the Office of Manufacturing and 
Energy Supply Chains (MESC) fulfills its responsibilities 
related to supporting the manufacturing capacity for advanced 
energy projects, the Committee encourages MESC to demonstrate 
support for those projects that onshore the domestic supply 
chain for these magnets.
    The Committee notes the Department's previous awards 
focused on lithium-ion based battery chemistries. The Committee 
believes the Department should also seek to accelerate the 
deployment of domestic battery manufacturing for alternatives 
to lithium-ion chemistries in areas such as stationary, grid, 
and other battery energy storage end-use applications. The 
Department is encouraged to craft programmatic advanced battery 
solicitations focused on a broad spectrum of non-lithium-ion 
battery chemistries for these other application areas including 
grid-scale batteries.
    The Committee directs the Department to support battery 
materials processing pilot projects, including projects that 
focus on battery technology, safety, costs, and efficiency as 
well as manufacturing processes and scale, seeking to overcome 
market barriers and commercialize next-generation EV battery 
technology. Furthermore, not later than 180 days after 
enactment of this Act, the Department shall brief the Committee 
regarding ways that battery materials processing grants are 
being utilized, or planned to be utilized, to support domestic 
vehicle battery manufacturing.

                   FEDERAL ENERGY MANAGEMENT PROGRAM

    The recommendation provides up to $2,000,000 for workforce 
development and the Performance Based Contract National 
Resource Initiative.

                           CORPORATE SUPPORT

    Program Direction.--The recommendation provides not less 
than $22,000,000 for the Office of State and Community Energy 
Programs, not less than $1,000,000 for the Office of 
Manufacturing and Energy Supply Chains, not less than 
$14,000,000 for the Federal Energy Management Program, and not 
less than $180,000,000 for the Office of Energy Efficiency and 
Renewable Energy.

         Cybersecurity, Energy Security, and Emergency Response


 
 
 
Appropriation, 2023...................................      $200,000,000
Budget estimate, 2024.................................       245,475,000
Recommended, 2024.....................................       200,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................       -45,475,000
 

    The Office of Cybersecurity, Energy Security, and Emergency 
Response (CESER) leads efforts to secure the nation's energy 
infrastructure against all hazards, reduce the risks of and 
impacts from cyber events and other disruptive events, and 
assist with restoration activities. A reliable and resilient 
power grid is critical to the nation's economic competitiveness 
and leadership.
    The Department is directed to include an itemization of 
funding levels below the control point in future budget 
submissions.
    In light of documented cyber targeting of utilities, 
including by state actors, the Committee encourages the 
Department to incorporate pilot programs with energy industry 
asset owners and operators able to demonstrate active defense 
cybersecurity protection.
    Risk Management Technology and Tools.--The Committee 
supports consequence-driven cyber-informed engineering and 
efforts to enable security by design through execution of the 
national cyber-informed engineering strategy.
    The recommendation includes no funding to establish the 
Energy Cybersecurity Center of Excellence. The Committee 
strongly supports efforts to ensure that cybersecurity is 
integrated into the designs of energy delivery systems but does 
not support the proposed Center of Excellence model to achieve 
those results. The Committee directs CESER to provide a 
briefing on its ongoing activities to integrate cybersecurity 
into the designs of energy delivery systems, what prevents 
CESER from achieving these results, and how CESER can address 
any gaps within its ongoing programs.
    The recommendation provides up to $5,000,000 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. This activity should be conducted in coordination 
with the Office of Electricity.
    The recommendation includes not less than $5,000,000 to 
continue the establishment of a network of university-based, 
regional energy cybersecurity centers. The centers should 
address interrelated research and development challenges of 
cybersecurity and critical energy infrastructure and develop a 
trained, globally competitive workforce. The centers should be 
distributed regionally across the country to leverage regional 
utilities, national laboratories, and regulatory bodies and 
take into account the distinctive characteristics of each 
region's electricity system, network of oil and gas 
infrastructure, and workforce expertise. The Committee directs 
CESER to lead these activities in coordination with the Office 
of Electricity and EERE.
    The recommendation provides not less than $4,000,000 to 
conduct a demonstration program of innovative technologies, 
such as technologies for monitoring vegetation management, to 
improve grid resiliency from wildfires.
    The recommendation provides $5,000,000 to enhance quantum 
entanglement networking research and development at a quantum-
ready municipal utility to research and demonstrate quantum-
protected network capability for securing communications 
between energy systems, to include microgrid communication from 
a control center to a microgrid and internal communications 
within the microgrid, the capability for electric grid 
resiliency for reuse at the Department's electric grid 
facilities, and to protect electric grid Supervisory Control 
and Data Acquisition (SCADA).
    The Committee recommends $15,000,000 to support a regional 
pilot to foster partnerships between national laboratories, 
universities, electricity sector utilities, and State and local 
government entities to identify and mitigate the prevalent and 
constantly evolving national security threats to regional 
infrastructure.
    Response and Restoration.--The Committee supports the 
Energy Threat Analysis Center (ETAC) concept and previous 
planning efforts for building out the ETAC pilot. However, the 
Committee is concerned the Department has been moving forward 
on long-term decisions without appropriately analyzing or 
communicating future funding requirements. The Committee 
directs the Department to provide not later than 15 days after 
enactment of this Act and prior to the issuance of any funding 
for ETAC a briefing on its plans to fully implement ETAC. The 
briefing shall include a multi-year program plan that provides 
cost estimate information by fiscal year on ETAC site selection 
and alternative site analyses, staffing costs, operating costs, 
real estate and facility costs, and any shared costs that are 
expected from other offices at the Department of Energy or 
other agencies in the federal government.
    Preparedness, Policy, and Risk Analysis.--The Committee 
directs the Department to establish partnerships between 
national labs, public universities, and private industry to 
develop and implement a semiconductor industry workforce 
cybersecurity curriculum.

                              Electricity


 
 
 
Appropriation, 2023...................................      $350,000,000
Budget estimate, 2024.................................       297,475,000
Recommended, 2024.....................................       315,600,000
Comparison:
    Appropriation, 2023...............................       -34,400,000
    Budget estimate, 2024.............................       +18,125,000
 

    The Electricity account supports activities of the Office 
of Electricity and the Grid Deployment Office. The Office of 
Electricity (OE) leads efforts in developing new technologies 
to strengthen, transform, and improve electricity delivery 
infrastructure so all consumers have equitable access to 
resilient, secure, and clean sources of electricity. The Grid 
Deployment Office (GDO) focuses on the development of new and 
upgraded high-capacity electric transmission lines nationwide 
and deploying transmission and distribution technologies to 
improve the resilience of the nation's electric infrastructure.
    The Department is directed to include an itemization of 
funding levels below the control point in future budget 
submissions.

                    GRID CONTROLS AND COMMUNICATIONS

    Transmission Reliability and Resilience.--The 
recommendation includes $2,500,000 to support university-based 
research partnerships to develop and deploy advanced data 
analytics and predictive models that incorporate human operator 
behavior to better understand, predict, prevent, and mitigate 
cascading failures in power grids.
    Energy Delivery Grid Operations Technology.--The Committee 
supports the budget request efforts to develop a national 
platform to host the data and models necessary to deliver 
public-private analytics of grid reliability impact of the 
clean energy transition.
    The recommendation includes up to $2,500,000 to support 
research in silicon carbide and gallium nitride power 
electronics.
    Resilient Distribution Systems.--The Department is directed 
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 advancing the 
development of innovative technologies, tools, and techniques 
to modernize the distribution portion of the electricity 
delivery system. The Department is encouraged to work with 
national laboratories and industry to advance best practices to 
technology development across the country. In addition, the 
Department is directed to evaluate the ability of emerging fuel 
technologies and currently available distributed fuels, such as 
propane-fueled microgrids, to be paired with renewable 
technologies.
    The recommendation provides up to $2,500,000 to evaluate 
and identify a standard approach to modeling distributed energy 
resources.
    The recommendation includes $10,000,000 to support the 
COMMANDER (Coordinated Management of Microgrids and Networked 
Distributed Energy Resources) National Test Bed to support 
foundational research for managing electric distribution 
systems equipped with diverse distributed energy resources and 
support the North American Energy Resilience Model.
    The Committee supports the Department in developing and 
demonstrating digitalization technologies and solutions to help 
communities increase the resiliency of their infrastructure, 
enhance safety, and improve accessibility.
    Cyber Resilient and Secure Utility Communications 
Networks.--The recommendation includes $10,000,000 for the 
final year of the DarkNet project.
    The Department, in coordination with CESER, is encouraged 
to support 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.

                 GRID HARDWARE, COMPONENTS, AND SYSTEMS

    Energy Storage.--The recommendation includes $4,800,000 for 
operations of the Grid Storage Launchpad.
    Transformer Resilience and Advanced Components.--The 
Committee supports the Grid Research Integration and 
Demonstration Center.

                            GRID DEPLOYMENT

    The Department is encouraged to provide public utility 
commissions and state energy offices with technical assistance 
for understanding distribution planning, interconnection, and 
modeling of distributed energy sources.
    The Committee recognizes the Department's work on 
transmission facilitation and efforts to engage with 
stakeholders to ease the process of building transmission. The 
Department is encouraged to continue supporting high voltage 
transmission activities and establishing the Transmission 
Facilitation Program.
    The Department is directed to coordinate with states, 
tribes, and federal permitting agencies to help facilitate the 
siting and permitting of interstate and interregional high-
voltage transmission lines. The Department is also directed to 
establish a process for the designation of National Interest 
Electric Transmission Corridors on a route-specific, applicant-
driven basis. The Department is encouraged to work with the 
Federal Energy Regulatory Commission to establish coordinated 
procedures for information gathering, pre-filing, and 
application processes to expedite reviews and approvals 
pursuant to this authority.
    Within available funds for Grid Technical Assistance, the 
Committee directs the Department to provide technical 
assistance and guidance for state Public Utility Commissions 
and Regional Transmission Organizations to model operating 
behaviors and develop advanced designs of long duration energy 
storage resources on the grid.
    The Department is directed to provide to the Committee a 
briefing on its efforts in Puerto Rico, including outreach 
efforts targeting low-income households and households with 
people with disabilities and any barriers to further outreach 
efforts.

                             Nuclear Energy


 
 
 
Appropriation, 2023...................................    $1,473,000,000
Budget estimate, 2024.................................     1,562,620,000
Recommended, 2024.....................................     1,783,000,000
Comparison:
    Appropriation, 2023...............................      +310,000,000
    Budget estimate, 2024.............................      +220,380,000
 

    A productive energy sector contains a mix of energy types 
including nuclear energy. Nuclear power generates approximately 
one-fifth of the nation's electricity and continues to be an 
important emissions-free energy source. The Department's 
Nuclear Energy (NE) program invests in research, development, 
and demonstration activities that develop the next generation 
of clean and safe reactors, further improve the safety and 
economic viability of the current reactor fleet, and contribute 
to the nation's long-term leadership in the global nuclear 
power industry.
    Nuclear Energy University Program (NEUP).--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 recommendation continues 
to include a separate control point to fund NEUP and other 
crosscutting program responsibilities, including Small Business 
Innovation Research (SBIR), Small Business Technology Transfer 
(STTR), and Technology Commercialization Fund (TCF), in order 
to provide greater transparency and flexibility for this 
program. The Department is directed to provide to the Committee 
prior to the obligation of these funds a detailed spending and 
execution plan for NEUP activities. The Department is directed 
to provide to the Committee not later 90 days after enactment 
of this Act and quarterly thereafter briefings on the 
implementation of NEUP. The Committee notes it has yet to 
receive a detailed report on university reactor refurbishment 
and the potential need to upgrade or build additional 
university reactors required in the fiscal year 2023 Act. As in 
previous years, no funds are provided for the planning and 
construction of new university reactors.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
recommendation provides $6,630,000 for the University Nuclear 
Leadership Program, previously funded as the Integrated 
University Program.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
recommendation provides $12,000,000 for university 
infrastructure including revitalization of existing nuclear 
research infrastructure.
    Within available funds for NEUP, SBIR/STTR, and TCF, the 
recommendation provides $20,222,000 for University Fuel 
Services, previously funded as Research Reactor Infrastructure.
    Within available funds for NEUP, SBIR/STTR and TCF, the 
Department is encouraged to consider university-led, convergent 
advanced nuclear manufacturing consortiums in future 
competitive funding opportunities.
    Advanced Nuclear Licensing.--The Committee recommends up to 
$5,000,000 for the Advanced Nuclear Energy Licensing Cost-Share 
Grant Program as authorized under 42 U.S.C. 16280 for 
technology diversity, including spent nuclear fuel 
reprocessing.

                  NUCLEAR ENERGY ENABLING TECHNOLOGIES

    Crosscutting Technology Development.--The recommendation 
provides $16,000,000 for integrated energy systems.
    Nuclear Science User Facilities.--The recommendation 
includes not less than $12,000,000 for computational support.

                  FUEL CYCLE RESEARCH AND DEVELOPMENT

    The Committee is still awaiting two reports from the 
Department. The first was required by section 2001(b)(2) of the 
Energy Act of 2020 and the second was required in the fiscal 
year 2023 Act on the Department's plan to support the first 
core loads needed for the Advanced Reactor Demonstration 
Program awardees. The Department is directed to provide to the 
Committee not later than 30 days after enactment of this Act 
both reports.
    Advanced Nuclear Fuel Availability.--The Committee strongly 
supports the Department's effort to ensure domestic low-
enriched uranium (LEU) production capabilities and provides 
$2,556,000,000 to support domestic low-enriched uranium 
capabilities and the availability of high-assay low-enriched 
uranium (HALEU). Funding supports small quantities of HALEU in 
the short term and supports the transition of these activities 
to the private sector for commercial HALEU production and 
domestic supply chain capabilities for the long term.
    The recommendation provides $2,400,000,000 derived from 
unobligated Civil Nuclear Credit funds for LEU and HALEU 
availability. This funding includes $800,000,000 in each of 
fiscal years 2024, 2025, 2026, and requires specific 
congressional authorization prior to availability of funds.
    In addition, the recommendation includes $156,000,000 to 
advance the availability of high-assay low-enriched uranium and 
other advanced nuclear fuels, consistent with section 2001 of 
the Energy Act of 2020. Within that amount $2,000,000 is for 
Mining, Shipping, and Transportation; $120,000,000 is for 
Advanced Nuclear Fuel Availability; and not less than 
$34,000,000 is provided within Material Recovery and Waste Form 
Development.
    The Department is directed to conduct HALEU activities in a 
manner that will encourage, rather than discourage, the private 
sector commercialization of HALEU production. The Department is 
further directed to disburse these funds on a competitive basis 
and directs the Department to ensure there are two suppliers of 
HALEU to meet anticipated commercial demand.
    The Department is encouraged to make available a sufficient 
supply of early allocations of HALEU to the first industry 
participants that conduct a full system-capacity test 
demonstration.
    GAO Review of the Acquisition Strategy for High-Assay, Low-
Enriched Uranium (HALEU).--The Energy Act of 2020 directed the 
Secretary of Energy to establish and carry out, through the 
Department's Office of Nuclear Energy, a HALEU Availability 
Program and a HALEU Consortium to help the Department support 
the availability of HALEU. Congress further provided 
$700,000,000 million in funding in the Inflation Reduction Act 
of 2022 to support the program and consortium. The Department 
of Energy also supports an Advanced Nuclear Fuel Availability 
subprogram to provide limited quantities of HALEU in the short 
term while working to establish a long-term commercial U.S. 
HALEU production and supply chain capability. The Department 
has sought significant budget increases for this subprogram in 
recent years.
    The Government Accountability Office (GAO) has previously 
raised concerns about numerous aspects of the Department's 
uranium management strategies and efforts. The Committee is 
concerned about the absence of a clear and detailed plan from 
the Department for how it intends to utilize funds for HALEU 
development. In particular, the Committee is concerned with 
some of the Department's underlying assumptions and the 
credibility of its estimates of current and future HALEU 
demands from industry.
    The Committee directs the Comptroller General to conduct a 
comprehensive evaluation of the Department's strategy and plans 
for the development of HALEU. Such an evaluation should 
assess--(1) the Department's estimates of future HALEU demands, 
for both civilian and national security needs, and any 
potential limitations in those forecasts; (2) the Department's 
estimates of the future HALEU availability under actions being 
taken or planned by the Department; (3) a description and 
assessment of all departmental projects and activities 
undertaken to date to facilitate future HALEU supply for 
commercial and national security needs; (4) a schedule for the 
future execution of current and planned projects and activities 
supporting HALEU development and supply; (5) data on the 
obligation and expenditure of funding to facilitate development 
of HALEU supply to date; and (6) estimates of any future 
funding the Department has identified as necessary to support 
current or planned HALEU development efforts and the basis for 
those estimates.
    GAO is directed to brief the Committee on its preliminary 
findings not later than 180 days after enactment of this Act, 
with the issuance of a written report to follow at a date 
agreed to at the time of the briefing.
    Thorium based fuel.--The Department is encouraged to 
consider supporting activities related to the testing and 
qualification of a next-generation thorium-HALEU based fuel 
suitable for existing and new reactors.
    Material Recovery and Waste Form Development.--The 
recommendation provides not less than $27,000,000 for EBR-II 
Processing for HALEU and $7,000,000 to continue activities 
related to the ZIRCEX process.
    The U.S. has approximately 86,000 metric tons of spent 
nuclear fuel from commercial reactors stored at 75 U.S. sites 
and this amount continues to grow annually. Currently, 
countries including France, United Kingdom, Japan, Russia, and 
China reprocess their nuclear waste. The Committee supports the 
Department's ongoing reprocessing efforts and believes greater 
progress can be made. The Committee recommends $10,000,000 to 
implement a new competitive, cost-shared program for 
reprocessing spent nuclear fuel. Award funding may be used for 
(1) conceptual design; (2) technical studies; and (3) site 
studies. The primary goal of this new program is to focus 
government and industry resources on reprocessing capabilities 
with commercial application by 2033. This program is not 
intended to stop any ongoing activities funded in this or other 
programs.
    Accident Tolerant Fuels (ATF).--The Committee continues to 
place a high priority on this program and urges the Department 
to maintain focus on achieving results in these efforts. The 
recommendation provides not less than $22,000,000 for further 
development of silicon carbide ceramic matrix composite fuel 
cladding for light water reactors. The Committee remains 
concerned that funding for the industry-led portions of the ATF 
program is not being obligated by the Department in a timely 
manner. The Department is reminded reallocation or 
reprogramming of funds requires congressional approval. The 
Department is directed to align its contracts with the three 
industry-led teams with the funding provided by the Committee. 
Finally, the Department is directed to provide to the Committee 
not later than 60 days after enactment of this Act a table 
summarizing the allocation of these funds.
    Triso Fuel and Graphite Qualification.--The Committee 
provides $35,000,000 to continue TRISO fuel and graphite 
qualification and maintain a base research and development 
program in support of expanding industry needs for advanced 
fuels.
    Advanced Generation 4 reactors that use HALEU fuel may 
require different waste management processes than today's fuel. 
The Department is encouraged to assess what actions are needed 
to address used fuel from HALEU based fuels, including TRISO 
fuel.
    Fuel Cycle Laboratory R&D.--The recommendation provides up 
to $15,000,000 for an advanced metallic fuels program.
    The Department is directed to continue development of an 
integrated strategy between the Office of Nuclear Energy and 
the Office of Environmental Management to establish a road-
ready, dry storage packaging configuration capability for 
Department-owned spent fuel. The Department, including 
participation from the Office of Nuclear Energy and the Office 
of Environmental Management, is directed to provide to the 
Committee not later than 60 days after enactment of this Act a 
briefing on an implementation strategy for these activities.

       REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION

    Advanced Small Modular Reactor RD&D.--The recommendation 
includes $1,297,000,000 for ongoing demonstration activities, 
including $399,000,000 in each of fiscal years 2024, 2025 and 
2026 derived from unobligated Civil Nuclear Credit funds.
    The Committee also supports assistance for U.S. nuclear 
technologies that are ready for near-term deployment and 
provides an additional $50,000,000 to be awarded competitively 
with a 50/50 cost share to support design, licensing, supplier 
development, and site preparation of a grid-scale Generation 3+ 
reactor design that can be deployed no later than 2030. The 
Department is directed to award this funding not later than 90 
days after enactment of this Act to support rapid domestic 
deployment of small modular reactors in the near term and 
supplier development to fabricate nuclear components for both 
U.S. and export markets.
    Advanced Reactor Technologies.--The recommendation provides 
not less than $20,000,000 for MARVEL.
    The recommendation provides up to $10,000,000 for the fast 
reactor program.

                ADVANCED REACTORS DEMONSTRATION PROGRAM

    The Committee notes the importance of the deployment of 
advanced reactors to the nation's ability to regain its 
leadership in nuclear energy and the contribution of nuclear 
energy to meeting climate goals. The Committee is encouraged by 
the Department's pace of activities in establishing the 
Advanced Reactors Demonstration Program (ARDP). This program 
will help facilitate the accelerated development and deployment 
of advanced reactors.
    National Reactor Innovation Center.--The recommendation 
supports capital design and construction activities for 
demonstration reactor test bed preparation at Idaho National 
Laboratory supporting reactor demonstration activities. The 
Department is directed to provide to the Committee not later 
than 90 days after enactment of this Act a briefing on the 
proposed activities, timelines for these activities, and 
expected out-year costs of the National Reactor Innovation 
Center.
    Risk Reduction for Future Demonstrations.--The 
recommendation includes $130,000,000 for the Risk Reduction 
program. The Department is directed to provide to the Committee 
not later than 90 days after enactment of this Act a briefing 
on the impacts of cost escalations on the ARDP projects, 
including an assessment of any additional resources needed to 
successfully complete projects.

                  Fossil Energy and Carbon Management


 
 
 
Appropriation, 2023...................................      $890,000,000
Budget estimate, 2024.................................       905,475,000
Recommended, 2024.....................................       857,904,000
Comparison:
    Appropriation, 2023...............................       -32,096,000
    Budget estimate, 2024.............................       -47,571,000
 

    The Fossil Energy and Carbon Management (FECM) program 
funds research, development, and demonstration activities to 
improve existing fossil energy technologies, develop solutions 
for the capture, storage, utilization, and removal of carbon 
across numerous sectors, including the industrial sector, and 
rebuild a U.S. critical minerals supply chain.
    The Committee notes that fossil energy resources generate 
approximately 60 percent of the nation's electricity and will 
continue to play an essential role in maintaining a resilient 
electric grid. The Committee rejects the budget request's 
continued shift away from fossil combustion-centric activities 
and directs the Department to support research, development, 
and demonstration activities that includes all fossil 
resources, including coal, when developing future funding 
opportunity announcements and implementing the goals outlined 
in FECM's current strategic vision document. The Committee 
directs FECM to provide a briefing on its efforts to comply 
with this direction not later than 180 days after enactment of 
this Act.
    Consistent with direction provided in previous fiscal 
years, 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.
    Mickey Leland Energy Fellowship.--The Committee supports 
the Mickey Leland Energy Fellowship and directs the Department 
to produce a plan to expand the program to include post-
doctoral research positions within the program.
    Solid Oxide Fuel Cell Systems & Hydrogen.--The 
recommendation provides not less than $112,500,000 for the 
research, development, and demonstration of solid oxide fuel 
cell systems and hydrogen production, transport, storage, and 
use systems.
    University Training and Research.--The recommendation does 
not include funding in support of the Administration's 
Justice40 Initiative.

                     CARBON MANAGEMENT TECHNOLOGIES

    The Committee recommends funding for the Department's 
National Carbon Capture Center consistent with the cooperative 
agreement.
    Carbon Capture.--The Committee provides not less than 
$15,000,000 for research and optimization of carbon capture 
technologies at industrial facilities and not less than 
$20,000,000 for research and optimization of carbon capture 
technologies for natural gas and coal power systems.
    The recommendation provides up to $60,000,000 to support 
front-end engineering and design studies, including for the 
development of a first-of-its-kind carbon capture project at an 
existing natural gas combined cycle plant. The Department is 
encouraged to prioritize entities that are primarily engaged in 
the generation of electricity from natural gas in competitive 
power markets.
    The Department is encouraged to support a chemical looping 
project using natural gas or coal to demonstrate the technical, 
operational, and economic advantages of looping for clean 
hydrogen production and carbon capture, including its use in 
industrial applications.
    The fiscal year 2022 Act directed the Department to provide 
a report on its efforts to increase public-private partnerships 
and research program opportunities at universities. The 
Committee is still awaiting this report and directs the 
Department to provide it to the Committees on Appropriations of 
both Houses of Congress not later than 30 days after enactment 
of this Act.
    The Department is directed to support research and 
development activities on mobile engine exhaust carbon capture.
    Carbon Dioxide Removal.--The Department is directed to keep 
the Committee apprised of the Department's efforts to carry out 
the carbon dioxide removal authorities granted in the Energy 
Act of 2020.
    Carbon Utilization.--The Committee notes the unrealized 
opportunity for carbon use and reuse to encourage the avoidance 
and removal of emissions, generate valuable products, and 
create revenue streams and jobs. The Department is directed to 
significantly increase investment in the Carbon Utilization 
program, particularly in research, development, and 
demonstration activities. The recommendation continues to 
support carbon utilization research, development, and 
demonstration activities to advance valuable and innovative 
uses of captured carbon, including conversion to products such 
as chemicals, plastics, building materials, and fuels.
    The Department is encouraged to research and develop carbon 
mineralization as a utilization pathway, with specific research 
activities to include fundamental research on geochemistry and 
rock physics. The Department is also encouraged to coordinate 
with the General Services Administration and the Department of 
Transportation to support the development of lifecycle 
assessment frameworks for the procurement of low-carbon 
construction material.
    The Committee is encouraged by the advancements in 
technologies converting coal into carbon-based building 
materials, prioritizing approaches that ensure that the 
processing, handling, production, and use of the building 
materials are safe in terms of trace metal removal from the 
carbon feedstock. The current demand for building materials 
continues to rise. The Committee directs the Department to 
partner with private industry to research and develop the use 
of carbon building products produced from coal, including 
carbon foam.
    The Committee supports valuable and innovative uses of 
captured carbon, including the conversion of carbon dioxide 
into higher value products such as chemicals, plastics, 
building materials, and curing for cement among other useful 
productions.
    Carbon Storage.--The recommendation provides not less than 
$40,000,000 for CarbonSAFE and not less than $20,000,000 for 
the Regional Carbon Sequestration Partnerships.
    The Department is directed to support advanced storage 
research and development activities, including risk integration 
tools and storage integrity and assurance. The Department is 
also directed to begin characterization of offshore storage 
sites and coordinate with the Department of the Interior to 
identify appropriate tools for conducting offshore CO2 storage.
    The Committee directs the Department to partner with 
institutions of higher education in a joint effort to develop 
comprehensive modeling and experimental research of hydrogen 
transport and leak detection in U.S. natural gas pipelines 
across a range of blend ratios and pipeline operational 
pressures.
    Hydrogen with Carbon Management.--The agreement provides 
not less than $35,000,000 for Advanced Turbines to carry out 
research, development, and demonstration activities to develop 
near-zero-emission advanced turbines technologies. The 
Department is encouraged to support research and development 
activities to test and validate components and their 
performance as an integrated system, working cooperatively with 
industry, universities, and other appropriate parties.
    Supercritical Transformational Electric Power (STEP) 
Generation.--The Committee supports 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.

                RESOURCE TECHNOLOGIES AND SUSTAINABILITY

    Advanced Remediation Technologies.--The recommendation 
provides $25,000,000 for university research and field 
investigations in the Gulf of Mexico to confirm the nature, 
regional context, and hydrocarbon system behavior of gas 
hydrate deposits.
    The recommendation provides $19,000,000 for Unconventional 
Field Test Sites. The Department is directed to maintain robust 
efforts in enhanced recovery technologies.
    The recommendation provides $8,000,000 for the Risk Based 
Data Management System.
    Within available funding, the Committee recommends 
$5,000,000 for a competitive solicitation for research 
universities to advance innovative improvements in CO2 enhanced 
recovery technologies and postproduction sequestration. These 
improvements shall include the application of new technologies, 
including artificial intelligence, machine learning, and 
improved stimulation practices and subsurface characterization, 
focused on reducing greenhouse gas emissions from oil and gas 
operations and maximizing recovery of existing oil in low 
permeability shale and sub-economic carbonate reservoirs. To 
improve environmental sustainability of oil and gas production, 
the Committee encourages DOE to advance technologies related to 
reduced water usage in oil and gas stimulation and production 
and increased efficiency and recovery of production operations.
    The Committee notes the Department's continued investment 
in research and development on unconventional fossil energy 
technologies, including support for field laboratories. The 
Department is encouraged to explore the rapid development of a 
prototype or prototypes of new technologies identified by the 
Department that use solid propellant fuel to generate gas and 
that drive hydraulic systems to shut off unwanted flows or blow 
outs of oil or gas from onshore or offshore wells in the 
shortest possible time with the highest possible reliability 
and efficiency. The Department is encouraged to ensure that 
this new technology is created, patented, built, and deployed 
by an American company or companies and to protect the 
confidentiality of the intellectual property and patents as 
applicable.
    Methane Mitigation Technologies.--The Department is 
encouraged to support activities to develop and demonstrate an 
easily implementable, maintainable, and low-cost integrated 
methane monitoring platform. The Department is encouraged to 
accelerate development and deployment of high-temperature 
harsh-environment sensors, sensor packaging, and wireless 
sensor hardware for power generation. The Department is 
encouraged to collaborate with external stakeholders in making 
use of commercial assets to monitor methane emissions from 
satellites and other methane emissions detection technologies 
to isolate the source of emissions at the individual facility 
level and to explore technologies, including in coordination 
with public-private partnerships, that promote innovative 
approaches, such as detection technologies in support of 
reducing methane gas emissions.
    The Department is directed to provide to the Committee not 
later than 180 days after enactment of this Act a report on the 
technical and economic potential, and potential ancillary 
impacts, of direct methane removal technologies and approaches.
    The Committee supports ongoing efforts by private industry 
in technologies, advancements, and concepts to capture and 
utilize coal mine methane for beneficial use. The Committee 
directs the Department to support these efforts, including 
research and output from national labs focused on studies and 
modeling of carbon intensity associated with such methane under 
the Greenhouse Gas Regulated Emissions and Energy Use in 
Technologies model, and assessments to better utilize this fuel 
source.
    Mineral Sustainability.--The Department is directed to 
focus its research and development efforts to develop and 
assess advanced separation technologies for the extraction and 
recovery of rare earth elements and other critical materials 
from coal and coal byproducts. Further, the Department is 
directed to determine and mitigate any potential environmental 
or public health impacts that could arise from the recovery of 
rare earth elements from coal-based resources.
    Within available funds, the Committee directs the 
Department to support research and development 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 
byproduct sources, including bauxite residue.
    Within available funds, the Committee directs the 
Department to conduct research and development activities to 
support the development of an academia-industry partnership 
with a national lab to create a new domestic rare earth supply 
chain derived from the byproducts of phosphate mining. This 
project will focus on the use of high field magnetic separation 
of rare earth minerals and chemical separation techniques for 
radium.
    The Committee recognizes the importance of permanent rare 
earth magnets in defense applications, energy technologies, and 
other commercial products. As FECM fulfills its 
responsibilities related to supporting an increase in the 
manufacturing capacity for advanced energy projects, the 
Committee encourages the Office to demonstrate support for 
those projects that onshore the domestic supply chain for these 
magnets.
    The Committee directs the Department to support projects 
that will enable critical minerals to remain within the United 
States to be recycled and refined back to high-purity qualities 
and grades. When making funding awards, the Department is 
encouraged to include innovative, high performing, and flexible 
refining technologies beyond hydro- and pyro-metallurgical 
separation for separating and purifying critical minerals and 
rare earth elements to be used as raw materials throughout our 
domestic manufacturing supply chains.
    The Committee understands the Department's high demand for 
critical minerals and continued reliance on foreign sources for 
its critical mineral supply, including extraction and 
processing. The Committee recognizes that the Department's 
demand for critical minerals, including Germanium and Gallium, 
is likely to increase in the coming decade concurrent with a 
rise in global demand. The Committee directs the Department to 
continue its support of technologies to domestically produce 
critical minerals.
    The Committee directs EERE and FECM to jointly issue a 
competitive solicitation for research, development, and 
demonstration projects that combine both recycling technologies 
and rare earth element separation technologies.

                 Naval Petroleum and Oil Shale Reserves


 
 
 
Appropriation, 2023...................................       $13,004,000
Budget estimate, 2024.................................        13,010,000
Recommended, 2024.....................................        13,010,000
Comparison:
    Appropriation, 2023...............................            +6,000
    Budget estimate, 2024.............................             - - -
 

    The Naval Petroleum and Oil Shale Reserves continues work 
towards closing out remaining environmental restoration and 
remediation activities.

                      Strategic Petroleum Reserve


 
 
 
Appropriation, 2023...................................      $207,175,000
Budget estimate, 2024.................................       280,969,000
Recommended, 2024.....................................       280,969,000
Comparison:
    Appropriation, 2023...............................       +73,794,000
    Budget estimate, 2024.............................             - - -
 

    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.

                   Northeast Home Heating Oil Reserve


 
 
 
Appropriation, 2023...................................        $7,000,000
Budget estimate, 2024.................................         7,150,000
Recommended, 2024.....................................         7,150,000
Comparison:
    Appropriation, 2023...............................          +150,000
    Budget estimate, 2024.............................             - - -
 

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

                   Energy Information Administration


 
 
 
Appropriation, 2023...................................      $135,000,000
Budget estimate, 2024.................................       156,550,000
Recommended, 2024.....................................       135,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................       -21,550,000
 

    The Energy Information Administration is a quasi-
independent agency within the Department of Energy established 
to provide timely, objective, and accurate energy-related 
information to the Congress, the executive branch, state 
governments, industry, and the public.
    The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a briefing on 
its efforts to establish an online database to track the 
operation of the bulk power system in the contiguous 48 States.

                   Non-Defense Environmental Cleanup


 
 
 
Appropriation, 2023...................................      $358,583,000
Budget estimate, 2024.................................       348,700,000
Recommended, 2024.....................................       341,700,000
Comparison:
    Appropriation, 2023...............................       -16,883,000
    Budget estimate, 2024.............................        -7,000,000
 

    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.
    Gaseous Diffusion Plants.--The Committee provides 
$132,938,000 for cleanup activities at the Gaseous Diffusion 
Plants and notes with approval the Department's initial steps 
to implement a multi-year campaign to transport and dispose of 
surplus depleted uranium oxide cylinders from the Paducah, 
Kentucky, and Portsmouth, Ohio, facilities. The Committee 
encourages the Department to investigate all efficient and safe 
transportation alternatives, including the use of a rack system 
that could potentially increase the number of cylinders that 
are transported on each shipment. The Committee directs the 
Department to develop a funding profile for a fully operational 
disposal program at both sites and to provide a briefing to the 
Committee not later than 120 days after enactment of this Act. 
The Committee further directs that such funding profile seek to 
maximize disposal rates for this material to decrease, to the 
extent practicable, the current estimate of 32 years of 
shipments from Paducah, Kentucky, and 15 years of shipments 
from Portsmouth, Ohio.
    Small Sites.--The Committee provides $115,635,000 for small 
sites, of which $44,135,000 is for the Energy Technology 
Engineering Center (ETEC), $4,500,000 is for Idaho National 
Laboratory, and $67,000,000 is for Moab.

                 Uranium Enrichment Decontamination and
                          Decommissioning Fund


 
 
 
Appropriation, 2023...................................      $879,052,000
Budget estimate, 2024.................................       857,482,000
Recommended, 2024.....................................       865,208,000
Comparison:
    Appropriation, 2023...............................       -13,844,000
    Budget estimate, 2024.............................        +7,726,000
 

    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.
    Paducah Site.--The Committee recognizes the maintenance 
costs regularly exceed $1,000,000 annually for the 70-year-old 
C-100 program support facility at the Paducah Gaseous Diffusion 
Plant (PGDP). A new facility is required to support current and 
future cleanup efforts at the site, efforts which are expected 
to last until 2065. The Committee directs the Department to 
conduct, not later than 180 days after enactment of this Act, a 
thorough assessment of all possible solutions, including 
private financing, to replace the antiquated C-100 support 
facility. The assessment should include a cost-benefit analysis 
of each option as well as detailed requirements for each option 
including land use and conveyance.

                                Science


 
 
 
Appropriation, 2023...................................    $8,100,000,000
Budget estimate, 2024.................................     8,800,400,000
Recommended, 2024.....................................     8,100,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................      -700,400,000
 

    The Office of Science funds 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 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 research in the physical sciences. The Committee 
has placed a high priority on funding these activities, given 
the private sector is not likely to fund research whose 
findings either have high non-commercial value or are not 
likely to be commercialized in the near or medium term. This 
work is vital to sustaining the scientific leadership of the 
United States and can provide the underpinnings for valuable 
intellectual property in the coming decades.
    The 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; Isotope R&D and 
Production; Accelerator R&D and Production; Workforce 
Development for Teachers and Scientists; Science Laboratories 
Infrastructure; Safeguards and Security; and Program Direction.
    Biomedical Sciences.--Collaborative research efforts 
between the Department and the National Institutes of Health 
(NIH), including the National Institute of Mental Health 
(NIMH), are developing breakthroughs in health research, 
including drug discovery, brain research, innovative 
neurotechnologies, diagnostic technologies, and other 
biomedical research areas. The Department is encouraged to 
expand its relationships with NIH, including NIMH, including 
through strategic partnership projects, 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 can also support applications in many areas 
of biomedical research. Better coordination between the 
Department and NIH could be instrumental in assisting to 
develop the nation's health, security, and technologies with 
novel biomedical application. The recommendation supports 
collaborations with NIH within the Department's data and 
computational mission space.
    Energy Earthshots.--The recommendation provides $20,000,000 
for Energy Earthshots, including $5,000,000 from Advanced 
Scientific Computing Research, $10,000,000 from Basic Energy 
Sciences, and $5,000,000 from Biological and Environmental 
Research.
    Established Program to Stimulate Competitive Research 
(EPSCoR).--The recommendation provides not less than 
$35,000,000 across the Office of Science programs for the 
EPSCoR.
    Facility Operations.--The Committee notes the Department 
recently updated its determination of what constitutes optimal 
operations for experimental user facilities. In order to better 
understand the historical funding levels associated with the 
new optimal operations determination, the Department is 
directed to provide a table of user facility funding levels 
from the previous five fiscal years showing optimal operations 
using the new determination. Further, when developing any 
document that displays funding levels for user facility 
operations, the Committee expects the Department to use the 
same optimal operations determination for any prior, current, 
or future fiscal year funding levels.
    Justice40 Initiatives--The recommendation includes no 
funding for the Reaching a New Energy Sciences Workforce 
(RENEW) or Funding for Accelerated, Inclusive Research (FAIR) 
initiatives.
    Mortgaging Future-Year Awards.--The Committee remains 
concerned about the Department's practice of making awards 
dependent on funding from future years' appropriations. The 
fiscal year 2022 Act directed the Department to provide a 
briefing on how it can better track and provide information 
about the accounting of future-year awards by control point. 
The Committee is still awaiting this briefing and directs the 
Department to provide it not later than 15 days after enactment 
of this Act. As part of this briefing, the Committee expects 
the Department to provide information, by control point and 
fiscal year, on the total funding from active and closed 
funding opportunity announcements that are contingent on future 
availability of funds.
    Quantum Information Sciences.--The Committee supports the 
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 provides not less than 
$245,000,000 for quantum information science, including not 
less than $120,000,000 for research and $125,000,000 for the 
five National Quantum Information Science Research Centers. The 
Department shall continue its coordination efforts with the 
National Science Foundation, other federal agencies, private 
sector stakeholders, and the user community to promote 
researcher access to quantum systems, enhance the U.S. quantum 
research enterprise, develop the U.S. quantum computing 
industry, and educate the future quantum computing workforce. 
The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a report of 
near-term application developments that outlines the breakdown 
of research funding across the available quantum computing 
technologies, including gate-model, annealing, topological, 
photonics, trapped ion, silicon, superconducting, and other 
viable quantum technologies. The Committee supports efforts to 
expand quantum internet, networking, and communications 
testbeds. In addition, the Committee directs the Department to 
conduct research activities in support of the Quantum User 
Expansion for Science and Technology program (QUEST) as 
authorized in CHIPS and Science (P.L. 117-167), to facilitate 
researcher access to the nation's quantum computing hardware 
and cloud resources and to promote a strong user base for 
quantum systems development and includes up to $15,000,000 for 
these activities.

                 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.
    High Performance Computing and Network Facilities.--The 
recommendation provides not less than $219,000,000 for the 
Argonne Leadership Computing Facility, $255,000,000 for the Oak 
Ridge Leadership Computing Facility, and $135,000,000 for the 
National Energy Research Scientific Computing Center at 
Lawrence Berkeley National Laboratory. The recommendation 
includes $90,213,000 to support necessary infrastructure 
upgrades and operations for ESnet.
    The Committee recognizes the Department's efforts related 
to a High Performance Data Facility as data-intensive 
application workflows increase and the need for real-time 
computing increases exponentially across the Office of Science. 
The recommendation includes $7,000,000 in other project costs 
for the High Performance Data Facility. Prior to the selection 
of a site for the High Performance Data Facility, the 
Department is directed to provide to the Committee a brief on 
the goals of the proposed Hub and Spoke model and how its 
estimated costs compare to previous project scope cost 
estimates.
    Mathematical, Computational, and Computer Sciences 
Research.--The recommendation provides $295,000,000 for 
Mathematical, Computational, and Computer Sciences Research.
    The Committee encourages the Department to support research 
to develop a new path to energy efficient computing with large, 
shared memory pools.

                         BASIC ENERGY SCIENCES

    The Basic Energy Sciences program funds 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.
    The recommendation provides $130,000,000 for Energy 
Frontier Research Centers, $25,000,000 for the Batteries and 
Energy Storage Innovation Hub, and $20,000,000 for the Fuels 
from Sunlight Innovation Hub.
    The recommendation provides $605,000,000 for facilities 
operations of the nation's light sources, $373,163,000 for 
facilities operations of the high-flux neutron sources, and 
$150,880,000 for facilities operations of the Nanoscale Science 
Research Centers.
    The recommendation provides not less than $14,000,000 for 
other project costs, including $4,000,000 for NSLS-II 
Experimental Tools-III and $9,000,000 for HFIR Pressure Vessel 
Replacement.
    The recommendation includes $20,000,000 for NSLS-II 
Experimental Tools-II.

                 BIOLOGICAL AND ENVIRONMENTAL RESEARCH

    The Biological and Environmental Research program supports 
advances in energy technologies and related science through 
research into complex biological and environmental systems.
    The recommendation includes $424,750,000 for Biological 
Systems Science and $392,250,000 for Earth and Environmental 
Systems Sciences.
    The recommendation provides $20,000,000 to support low-dose 
radiation research. The Committee directs the Department to 
coordinate its implementation of the low-dose radiation program 
with the Office of Environment, Health, Safety, and Security. 
Within available funds for the low-dose radiation program, the 
Department is directed to support data improvements, 
maintenance, and harmonization of existing epidemiologic data 
resources and radiation exposure databases that are critical to 
informing ongoing and future low-dose radiation effects and 
research.
    The recommendation provides $118,000,000 for the Bioenergy 
Research Centers to accelerate research and development needed 
for advanced fuels and products.
    The recommendation provides $92,000,000 for the Joint 
Genome Institute.
    The Department is encouraged to increase its support of 
activities for academia to perform independent evaluations of 
climate models using existing data sets and peer-reviewed 
publications of climate-scale processes in order to determine 
various models' ability to reproduce the actual climate.
    The recommendation provides not less than $30,000,000 to 
continue the development of observational assets and support 
associated research on the nation's major land-water 
interfaces, including the Great Lakes and the Puget Sound, by 
leveraging national laboratories' assets as well as local 
infrastructure and expertise at universities and other research 
institutions.
    The recommendation provides not less than $39,000,000 to 
improve the understanding of key cloud, aerosol, precipitation, 
and radiation processes. The Department is encouraged to 
coordinate with the Department of Homeland Security and other 
agencies, as relevant, to support analysis of near-term climate 
risks and impacts on infrastructure and communities. Within 
available funds, $3,000,000 is for a pilot program to provide 
instrumentation for observing marine aerosols, greenhouse 
gases, and other environmental factors, as relevant, deployed 
on commercial or other non-dedicated ocean vessels and to 
evaluate a sustained observing network using such platforms. 
The Committee supports the Department's efforts to develop a 
five-year plan for research to support a scientific assessment 
of near-term climate risk and solar and other climate 
interventions.
    The recommendation provides $65,000,000 for operation of 
the Environmental and Molecular Sciences Laboratory and 
supports continued investment in the microbial molecular 
phenotyping capability.

                         FUSION ENERGY SCIENCES

    The Fusion Energy Sciences program supports research and 
experimentation aiming to harness nuclear fusion for energy 
production.
    The Committee appreciates the fusion community's process to 
develop a comprehensive long-range strategic plan produced 
through a consensus process. The Committee directs the 
Department to follow and embrace the recommendations of the 
Fusion Energy Sciences Advisory Committee's ``Powering the 
Future: Fusion and Plasmas'' report, and the Committee 
endeavors to provide funding that reflects the prioritization 
developed through the community's consensus process. The 
Department is directed to include an explanation in future 
budget requests how the Department is aligning its Fusion 
Energy Sciences program with the recommendations of the 
``Powering the Future: Fusion and Plasmas'' report.
    The recommendation provides $104,100,000 for NSTX-U, 
including NSTX-U Operations and NSTX-U Research.
    The recommendation provides not less than $133,600,000 for 
DIII-D, including DIII-D Operations and DIII-D Research. The 
Department is encouraged to support activities to enable 
completion of planned facility enhancements, revitalization of 
critical equipment, and critical new tools to address critical 
research needs and secure U.S. leadership in support of ITER 
and a potential future fusion pilot plant. The Department is 
encouraged to provide increased research operations and enable 
broader participation in the DIII-D program by university 
researchers and graduate students, to fully exploit the world 
leading capabilities developed at the facility. Further, the 
Department is encouraged to support training activities at 
DIII-D for the next generation of fusion scientists.
    The recommendation includes $35,000,000 for the Milestone-
Based Development Program. The Committee supports the 
development of conceptual pilot plant designs and technology 
roadmaps that will bring fusion to commercial viability through 
the Milestone-Based Development Program. The Committee urges 
the Department to explore broadening its base of support for 
these activities to include additional industry, national 
laboratory, university, government, and nongovernmental 
partners. The Committee recognizes that advancing the 
commercialization of future energy technologies requires a 
multi-pronged approach across many technology readiness levels. 
While the Office of Science is the appropriate entity for 
managing the initial, early-stage research goals of the 
Milestone-Based Development Program, the Committee does not 
support the Office of Science leading the program for later-
stage goals. The Office of Science is directed to coordinate 
with the Office of Clean Energy Demonstrations to determine the 
appropriate time to hand off program management and 
implementation activities of the Milestone-Based Development 
Program. The Committee expects this decision to be made not 
later than 180 days after enactment of this Act.
    The recommendation provides $27,000,000 for the high energy 
density physics program to support the existing joint high-
energy-density laboratory plasma program, advance cutting-edge 
research at universities in extreme states of matter, expand 
the capabilities of the LaserNetUS facilities, and continue 
investments in new laser and inertial fusion energy 
technologies needed to maintain U.S. leadership. The Department 
is encouraged to implement the recommendations of the Brightest 
Light Initiative Workshop Report to retain U.S. leadership in 
these fields.
    The recommendation includes $10,000,000 to support Inertial 
Fusion Energy research and development. The Committee 
encourages the Department to support the priority research 
directions in the Inertial Fusion Energy Basic Research Needs 
workshop report. Further, the Department is directed to 
coordinate activities between Basic Energy Sciences and Fusion 
Energy Sciences to advance materials research and other science 
priorities to support inertial fusion energy.
    The recommendation provides $25,000,000 for the Materials 
Plasma Exposure eXperiment.
    The recommendation provides $14,674,000 for future 
facilities studies.
    The Committee urges the Department to broaden the base of 
support for commercialization of fusion to include additional 
industry, national laboratory, university, government, and 
nongovernmental organization partners.
    Within fusion energy research, the Department is encouraged 
to prioritize high-performance computation activities.
    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. The Department is encouraged to develop and 
support a national team for ITER research, operations, and 
commissioning, which is required to take full advantage of ITER 
when it is completed.

                          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 the 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.
    The recommendation provides not less than $35,000,000 for 
the Sanford Underground Research Facility, $10,000,000 for the 
Cosmic Microwave Background-Stage 4, and $5,000,000 for the 
Accelerator Controls Operations Research Network.

                            NUCLEAR PHYSICS

    The Nuclear Physics program supports 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.
    The recommendation includes not less than $102,000,000 for 
operations at the Facility for Rare Isotope Beams and not less 
than $150,000,000 for operations at the Continuous Electron 
Beam Accelerator Facility.
    The recommendation provides $15,000,000 for the High 
Rigidity Spectrometer and $2,850,000 in other project costs for 
the Electron Ion Collider. The Committee supports the FRIB 
Isotope Harvesting projects.

                       ISOTOPE R&D AND PRODUCTION

    Isotope R&D and Production ensures robust supply chains of 
critical radioactive and stable isotopes for the nation that no 
domestic entity has the infrastructure or core competency to 
produce.
    The Committee recommends up to $10,000,000 be used to 
manufacture critical components to maintain existing isotope 
production facilities.
    The Isotope Program is encouraged to coordinate with the 
Office of Environmental Management on issues related to 
strontium-90.

           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 directs the Department to develop strategic 
talent partnerships between National Labs and regional academic 
institutions to provide internships and research experiences 
for the advanced manufacturing ecosystem.
    The Committee notes the importance of developing and 
maintaining a highly skilled technical workforce pipeline to 
support the DOE's Office of Science laboratory user facilities, 
operations, and infrastructure. The Department is directed to 
provide to the Committee not later than 180 days after 
enactment of this Act a comprehensive feasibility and workforce 
trends study outlining the skilled technician workforce 
training requirements, programs, gaps, and investments 
necessary to establish a skilled technician training program 
within the Office of Science to support continued operations of 
laboratory user facilities and infrastructure.

                         Nuclear Waste Disposal


 
 
 
Appropriation, 2023...................................       $10,205,000
Budget estimate, 2024.................................        12,040,000
Recommended, 2024.....................................        12,040,000
Comparison:
    Appropriation, 2023...............................        +1,835,000
     Budget estimate, 2024............................             - - -
 

    The recommendation includes $12,040,000 for Nuclear Waste 
Disposal for Nuclear Waste Fund (NWF) oversight activities.
    The Department is directed to provide to the Committee not 
later than 90 days after enactment of this Act a briefing on 
anticipated future-year requirements for NWF oversight 
activities.

                         Technology Transitions


 
 
 
Appropriation, 2023...................................       $22,098,000
Budget estimate, 2024.................................        56,550,000
Recommended, 2024.....................................        22,098,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................       -34,452,000
 

    The mission of the Office of Technology Transitions (OTT) 
is to expand the commercial and public impact of the research 
investments of the Department. OTT enhances the public return 
on investment in the Department's technology portfolio, 
including the national laboratories, through a suite of 
outcome-oriented activities that enable job creation and 
commercialization of technologies developed by the Department.
    The recommendation provides $5,000,000 to support the 
Energy Program for Innovation Clusters (EPIC) program.
    The recommendation includes no funding for the Foundation 
for Energy Security and Innovation.
    The Committee directs the Department to continue to utilize 
incubators when appropriate to assist the agency in its 
efforts.
    The Department is encouraged to further promote technology 
transfer programs and activities that support the 
commercialization of technologies within the local and regional 
communities of the national laboratories.

                      Clean Energy Demonstrations


 
 
 
Appropriation, 2023...................................       $89,000,000
Budget estimate, 2024.................................       215,300,000
Recommended, 2024.....................................        35,000,000
Comparison:
    Appropriation, 2023...............................       -54,000,000
    Budget estimate, 2024.............................      -180,300,000
 

    The Office of Clean Energy Demonstrations (OCED) was 
established to accelerate the maturation of near- and mid-term 
clean energy technologies and systems with the goal of quicker 
commercial adoption and increased availability. This will be 
accomplished through a systematic approach that is informed by, 
and integrated with, existing clean energy innovation 
initiatives across the Department's program and functional 
offices, sites, and national laboratories.
    The recommendation only includes funding for Program 
Direction and provides no funding for new demonstrations. The 
Committee notes that more than $21 billion has been provided to 
the Office of Clean Energy Demonstrations in the previous two 
fiscal years for demonstration activities. When awarding these 
funds, the Committee encourages the Department to consider 
technology demonstrations in high-emitting and historically 
difficult to abate sectors.
    Within available funds for Program Direction, the 
recommendation includes $10 million for Demonstration Planning 
and Analysis to support OCED's continued efforts to develop 
improved oversight of project engineering, construction, and 
operations of demonstration projects. The Committee expects 
OCED to coordinate with the Department to ensure any project 
management oversight improvements are applicable to all Offices 
in the Department that support demonstration activities.
    OCED is directed to coordinate with the Office of Science 
to determine the appropriate time to hand off program 
management and implementation activities of the Milestone-Based 
Development Program. The Committee expects this decision to be 
made not later than 180 days after enactment of this Act.

               Advanced Research Projects Agency--Energy


 
 
 
Appropriation, 2023...................................      $470,000,000
Budget estimate, 2024.................................       650,200,000
Recommended, 2024.....................................       470,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................      -180,200,000
 

    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 
critical economic, environmental, and energy security 
challenges.

         Title 17 Innovative Technology Loan Guarantee Program


                        Administrative Expenses


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2023...................................       $66,206,000
Budget estimate, 2024.................................        70,000,000
Recommended, 2024.....................................        70,000,000
Comparison:
    Appropriation, 2023...............................        +3,794,000
    Budget estimate, 2024.............................             - - -
 

                         OFFSETTING COLLECTIONS

 
 
 
Appropriation, 2023...................................      -$35,000,000
Budget estimate, 2024.................................       -70,000,000
Recommended, 2024.....................................       -70,000,000
Comparison:
    Appropriation, 2023...............................       -35,000,000
    Budget estimate, 2024.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2023...................................       $31,206,000
Budget estimate, 2024.................................             - - -
Recommended, 2024.....................................             - - -
Comparison:
    Appropriation, 2023...............................       -31,206,000
    Budget estimate, 2024.............................             - - -
 

    The recommendation includes a net appropriation of $0 in 
administrative expenses for the Loan Guarantee Program.

        Advanced Technology Vehicles Manufacturing Loan Program


 
 
 
Appropriation, 2023...................................        $9,800,000
Budget estimate, 2024.................................        13,000,000
Recommended, 2024.....................................        13,000,000
Comparison:
    Appropriation, 2023...............................        +3,200,000
    Budget estimate, 2024.............................             - - -
 

    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.

                  Tribal Energy Loan Guarantee Program


 
 
 
Appropriation, 2023...................................        $4,000,000
Budget estimate, 2024.................................         6,300,000
Recommended, 2024.....................................         6,300,000
Comparison:
    Appropriation, 2023...............................        +2,300,000
    Budget estimate, 2024.............................             - - -
 

    The Energy Policy Act of 2005 established a loan guarantee 
program for energy development to provide or expand electricity 
on Indian land.

                   Indian Energy Policy and Programs


 
 
 
Appropriation, 2023...................................       $75,000,000
Budget estimate, 2024.................................       110,050,000
Recommended, 2024.....................................        75,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................       -35,050,000
 

    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, 2023...................................      $383,578,000
Budget estimate, 2024.................................       534,053,000
Recommended, 2024.....................................       383,578,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................      -150,475,000
 

                                REVENUES

 
 
 
Appropriation, 2023...................................      -100,578,000
Budget estimate, 2024.................................      -100,578,000
Recommended, 2024.....................................      -100,578,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2023...................................      $283,000,000
Budget estimate, 2024.................................       433,475,000
Recommended, 2024.....................................       283,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................      -150,475,000
 

    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 eight reprogramming control points in this account to 
provide flexibility in the management of support functions. 
Other Departmental Administration includes Management, Project 
Management Oversight and Assessments, Chief Human Capital 
Officer, Office of 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.
    The Committee is aware that the Department does not 
currently use an enterprise management software system that is 
designed to track all financial and scientific data from its 
environmental investigation and remediation efforts. The 
Committee encourages the Department to identify and evaluate 
commercial-off-the-shelf software solutions to better manage 
its environmental remediation efforts and to notify the 
Committee of its findings not later than March 1, 2024.
    Office of the Secretary.--The Department, through the 
Office of the Secretary, shall ensure compliance with Titles VI 
and VII of the Civil Rights Act of 1964 and Title IX of the 
Education Amendments Act of 1972.
    Chief Information Officer.--The Committee supports the 
budget request related to energy security research, spectrum 
testing, and demonstrations leveraging existing wireless 
security testbed capabilities.
    International Affairs.--Within International Affairs, the 
recommendation includes $2,000,000 for the Israel Binational 
Industrial Research and Development (BIRD) Foundation and 
$4,000,000 to continue the U.S. Israel Center of Excellence in 
Energy Engineering and Water Technology.
    The Department is encouraged to consider opportunities to 
further partnerships in the Eastern Mediterranean region, 
including opportunities to leverage the experience, knowledge, 
and expertise of institutions of higher education and entities 
in the private sector, among others, to develop more robust 
academic cooperation in energy innovation technology and 
engineering, water science, technology transfer, and analysis 
of emerging geopolitical implications, which include 
opportunities as well as crises and threats from foreign 
natural resource and energy acquisitions. The Department shall 
not establish a new program unless such program is proposed in 
a future budget request and approved by Congress.
    The Committee encourages the Department to explore 
opportunities to enable the national laboratories to engage 
high schools locally and across the nation through interactions 
with national laboratory employees, work-based learning, 
experiential activities, and emerging technology programs.
    Other Departmental Administration.--The recommendation 
includes no funding for electric vehicles or charging 
infrastructure. The recommendation provides not more than 
$19,454,000 for the Office of Policy.

                    Office of the Inspector General


 
 
 
Appropriation, 2023...................................       $86,000,000
Budget estimate, 2024.................................       165,161,000
Recommended, 2024.....................................        92,000,000
Comparison:
    Appropriation, 2023...............................        +6,000,000
    Budget estimate, 2024.............................       -73,161,000
 

    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.
    The Committee recognizes that funding for the Department of 
Energy has increased significantly over the past few years 
without commensurate increases to funding for the Office of the 
Inspector General. In particular, Public Law 117-58 and Public 
Law 117-169 provided nearly $100 billion for many new programs 
that the Department is still in the process of implementing. 
Therefore, the Committee provides additional funds for 
Inspector General oversight of base programs and programs 
funded by Public Law 117-58 and Public Law 117-169. The 
Committee expects the Office of the Inspector General to focus 
oversight on those activities deemed at highest risk for waste, 
fraud, and abuse of federal taxpayer dollars.
    The Office of the Inspector General is directed to continue 
providing quarterly briefings to the Committee on 
implementation of the independent audit strategy.

                    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, Atomic Energy Defense Activities 
programs 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 Committee remains concerned with NNSA's inability to 
properly estimate costs and schedules for large projects. As of 
March 2023, fifty percent of the NNSA's post CD-2 projects had 
either breached their performance baseline (schedule and cost) 
or were at risk of doing so. The NNSA is directed to stand up 
an independent review team charged with conducting a thorough 
analysis of the NNSA processes, procedures, organizational 
responsibilities, and accountability related to cost estimating 
and performance on projects costing more than $750,000,000. The 
review team is directed to provide to the Committee a progress 
briefing not later than 90 days after enactment of this Act and 
a final report of its findings and recommendations not later 
than 180 days after enactment of this Act.
    The Government Accountability Office (GAO) has made 
numerous recommendations to the NNSA to improve management of 
its projects and programs, many of which remain open. The NNSA 
is directed to provide to the Committee not later than 60 days 
after enactment of this Act and quarterly thereafter briefings 
on the status and progress of GAO's open priority 
recommendations to the NNSA. The NNSA is directed to use GAO's 
Open Recommendations Database as the basis for these briefings. 
As part of the quarterly briefings, the NNSA shall provide 
information on the actions NNSA has taken or plans to take to 
address each open recommendation, timeframes for completion, 
and any barriers to implementing the recommendation. The NNSA 
should provide information about recommendations where GAO and 
the agency have differences of opinion on their status.
    The Committee remains concerned with the NNSA's lack of 
transparency and inability to proactively communicate with the 
Committee. The Committee reminds the NNSA that upfront 
communication and consultation on issues such as organizational 
and budget structure and major programmatic shifts is critical 
for the Committee to provide appropriate oversight and funding. 
The NNSA is again directed to consult with the Committee prior 
to implementing major organizational, programmatic, and policy 
shifts. The fiscal year 2023 Act included language directing 
the NNSA to provide to the Committee a briefing on its plan for 
improved communications with the Committee, but unfortunately 
the briefing failed to provide a plan. The NNSA is again 
directed to provide the Committee with a comprehensive 
communications and outreach plan not later than 60 days after 
enactment of this Act.
    The Committee notes the recent Enhanced Missions Delivery 
Initiative (EMDI) and directs the NNSA to provide quarterly 
briefings on the NNSA's implementation of any EMDI 
recommendations and how that implementation is affecting the 
NNSA activities.

                           Weapons Activities


 
 
 
Appropriation, 2023...................................   $17,116,119,000
Budget estimate, 2024.................................    18,832,947,000
Recommended, 2024.....................................    19,114,167,000
Comparison:
    Appropriation, 2023...............................    +1,998,048,000
    Budget estimate, 2024.............................      +281,220,000
 

    Weapons Activities ensures the safety, security, 
reliability, and effectiveness of the nation's nuclear weapons 
stockpile without nuclear explosive testing. These activities 
are funded by five main elements: Stockpile Management; 
Production Modernization; Stockpile Research, Technology, and 
Engineering; Infrastructure and Operations; and Security 
functions.

                          STOCKPILE MANAGEMENT

    Stockpile Management includes all activities that directly 
sustain and modernize the nuclear stockpile. These activities 
include maintenance, operations, surveillance, dismantlement, 
and weapon acquisition programs including life extensions, 
modifications, and alterations.
    Stockpile Major Modernization.--The Stockpile Major 
Modernization program extends the lifetime of the nation's 
nuclear stockpile while addressing required updates, replacing 
aging or obsolete components to ensure continued service life, 
as well as enhancing security and safety features. This program 
funds warhead acquisition programs necessary to extend the 
expected life of stockpile systems for an additional 20 to 30 
years. The Committee recommends full funding for all ongoing 
life extension programs and major alterations.
    Stockpile Sustainment.--The Stockpile Sustainment program 
directly executes maintenance, surveillance, assessment, 
surety, and management activities for all enduring weapons 
systems in the stockpile. The Committee recommends full funding 
for stockpile sustainment activities.

                        PRODUCTION MODERNIZATION

    Production Modernization includes all activities needed to 
restore and modernize production capabilities. These activities 
include restoring and modernizing the capability to produce 
primaries, secondaries, and non-nuclear components.
    Plutonium Pit Production.--The Committee continues to 
support the two-site program of record to reestablish the 
nation's capability to produce 80 plutonium pits per year as 
close to 2030 as possible. The infrastructure and critical 
skills required for pit production and other plutonium 
capabilities are essential for a secure and reliable nuclear 
deterrent. The need is even more acute given the current 
geopolitical environment. The Committee recommends full funding 
for plutonium modernization at Los Alamos National Laboratory 
and funding above the request for the Savannah River Site 
plutonium activities. Funding for the Savannah River Site is 
consistent with fiscal year 2023 projected requirements. Within 
available funds the Committee recommends $10,000,000 for next-
generation machining and assembly technology development for 
high volume pit production.
    Plutonium Modernization.--Within funds provided, not less 
than $10,000,000 shall be for workforce development and 
training partnerships with Historically Black Colleges and 
Universities (HBCUs), Hispanic-Serving Institutions, and Tribal 
Colleges and Universities in South Carolina and New Mexico to 
support plutonium pit production.
    HE Synthesis, Formulation, and Production Facility.--The 
Committee recommends funding for the HE Synthesis, Formulation, 
and Production Facility at Pantex. The facility, when complete, 
will provide the weapons complex with a reliable source of 
highly specialized materials and guard against future 
production gaps.
    In response to a 2019 GAO report, the NNSA developed a 
high-level strategic plan for HE activities. This strategic 
plan was a good step, as was the bridging strategy the NNSA 
produced last year to assure the achievement of explosive 
materials deliverables until new facilities are constructed.
    Given the high priority the NNSA officials previously 
ascribed to the explosive materials mission--particularly the 
need to insure against certain single point failures in 
material supply--the Committee was surprised to see that the 
NNSA's proposed budget included pausing planned construction 
projects that would have provided this assurance. The Committee 
directs the NNSA to develop, not later than 180 days after 
enactment of this Act, a detailed and integrated explosive 
activity program plan that covers the cost and schedule of all 
activities through the end of the Future-Years Nuclear Security 
Program. This plan should also map weapons modernization 
programs to demonstrate the impact of proposed changes to 
explosive activities on those programs.
    Tritium Finishing Facility.--The Committee recommends 
funding for the Tritium Finishing Facility at the Savannah 
River Site to ensure the project continues on schedule.
    Uranium Processing Facility (UPF).--The Committee 
recommends funding above the request for continued construction 
activities of the Uranium Processing Facility at Y-12. After 
reporting steady progress for some years, the abrupt change to 
UPF's performance baseline and schedule is of great concern to 
the Committee. The NNSA is directed to provide the Committee 
monthly briefings on the schedule and funding requirements for 
the UPF project with the first briefing occurring not later 
than 30 days after enactment of this Act.
    GAO reported in March 2020 that the NNSA's Uranium 
Processing Facility (UPF) at the Y-12 National Security Complex 
(Y-12) was on schedule and budget--construction to be complete 
in 2025 and cost no more than $6.5 billion. It also reported 
the NNSA had identified over $800 million through 2026 in 
Uranium Modernization program costs. In the fiscal year 2024 
budget request, the NNSA now says costs have increased by over 
$2 billion and the project completion date has slipped four 
years to 2029. The Committee requests that GAO update its 2020 
report and focus on: the identified cause(s) of UPF cost growth 
and schedule slippage; corrective actions to address these cost 
and schedule problems; the impact of these cost and schedule 
problems on underway and planned weapons modernization efforts; 
and the scope, cost, and schedule of activities funded by the 
Uranium Modernization program through the currently proposed 
Future Years Nuclear Security Program (FYs 2024-2028). GAO is 
directed to provide to the Committee not later than 90 days 
after enactment of this Act an initial briefing on its 
assessments.
    University Collaboration.--The Committee is pleased with 
the progress in developing the scope for establishing the 
Center of Excellence regarding lifetime extension and materials 
degradation issues, including its expansion to the entire 
nuclear security enterprise. The NNSA is encouraged to continue 
these efforts, including developing a recruiting pipeline 
capability across the enterprise, in consultation with 
institutions that have an existing track record with 
institutions traditionally underrepresented in the nuclear 
security industry, including Minority Serving Institutions and 
HBCUs.

            STOCKPILE RESEARCH, TECHNOLOGY, AND ENGINEERING

    Stockpile Research, Technology, and Engineering (SRT&E) 
includes all activities to strengthen science-based stockpile 
stewardship capabilities to annually certify and assess the 
stockpile. These activities include assessments, advanced 
computing and manufacturing, experimental capabilities, and 
academic partnerships.
    Inertial Confinement Fusion (ICF) and High Yield.--The 
Committee recommends $630,000,000 for the Inertial Confinement 
Fusion and High-Yield Campaign, including target research, 
development, and fabrication.
    Advanced Simulation and Computing.--For more than two 
decades, the Advanced Simulation and Computing program has 
effectively utilized supercomputing to provide accurate nuclear 
weapons simulation capabilities for the NNSA's Stockpile 
Stewardship Program.
    Stockpile Responsiveness Program (SRP).--The Committee 
encourages the NNSA to continue activities to advance a low-
cost modular family of sub-orbital vehicles to enhance nuclear 
modernization testing efforts. Advancements in additively 
manufactured components of solid propellants have shown these 
types of flight tests can be done in a rapid, affordable 
fashion, at an eventual test rate of up to once per month.

                           ACADEMIC PROGRAMS

    Academic Programs.--The Committee recognizes the importance 
of Academic Programs in supporting the nuclear security 
enterprise in both research and development and the development 
of a highly skilled workforce. Within Academic Programs, 
$45,000,000 is recommended for the Minority Serving Institution 
Partnership Program, and $10,000,000 is recommended for Tribal 
Colleges and Universities.
    The Committee is pleased to see partnerships between 
universities and the NNSA sites and encourages the Department 
to continue funding initiatives that have led to collaboration 
between industry, national labs, and universities (including 
Minority Serving Institutions) to develop innovative 
technologies. This collaboration remains crucial for addressing 
national security challenges, including detection of nuclear, 
blast containment, shock mitigation, and smart grid security 
while building critical workforce development pipelines.

                      SECURE TRANSPORTATION ASSET

    The Secure Transportation Asset (STA) program provides safe 
and secure transportation of nuclear weapons, weapon 
components, and special nuclear material throughout the nuclear 
security enterprise. The STA workforce includes federal agents 
and program management staff.

                     INFRASTRUCTURE AND OPERATIONS

    Infrastructure and Operations provides funding for the base 
operations, maintenance, and recapitalization of the NNSA's 
facilities and infrastructure.
    Commercial Construction Standards.--The NNSA spends well 
over $1,000,000,000 annually on low-risk, non-nuclear 
recapitalization and construction projects and applies the same 
requirements to these projects as it does to high-risk nuclear 
projects. The NNSA could reduce the cost of construction if it 
applied appropriate commercial standards, compliant with 
applicable local and state regulations, to improve execution 
schedule and cost. The NNSA has successfully used similar 
strategies in the past, and currently has a small pilot program 
underway, but more can be done. The NNSA is directed to 
evaluate all existing tools at its disposal, such as the use of 
capital leases and the quit claim deed process, to streamline 
construction of low-risk non-nuclear facilities and to seek 
opportunities to reduce construction costs where possible. 
Further, the NNSA shall initiate no less than three additional 
pilot projects across multiple sites to maximize use of 
commercial standards where appropriate to the project risks and 
brief the Committee on the proposed projects not later than 90 
days after enactment of this Act.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $65,452,000 for payments, required 
by legal obligations, into the legacy University of California 
contractor employee defined benefit pension plans, the Requa 
settlement reached in 2019, and the pension plan at the 
Savannah River Site.

                    Defense Nuclear Nonproliferation


 
 
 
Appropriation, 2023...................................    $2,490,000,000
Budget estimate, 2024.................................     2,508,959,000
Recommended, 2024.....................................     2,380,037,000
Comparison:
    Appropriation, 2023...............................      -109,963,000
    Budget estimate, 2024.............................      -128,922,000
 

                    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 Nuclear Smuggling Detection 
and Deterrence (NSDD) program works with partner countries to 
deter, detect, and investigate nuclear and radiological 
trafficking. NSDD provides partners with tailored radiation 
detection systems based on assessments of high-risk smuggling 
pathways and operational environments. The Committee is 
concerned that much of the deployed NSDD equipment has exceeded 
its useful life and should be modernized. The Committee 
supports NSDD's decision to no longer deploy Russian-made 
radiation detection systems and directs the Department, not 
later than 60 days after enactment of this Act, to provide a 
briefing on its plan to replace previously deployed Russian-
made systems outside of Russia that have reached the end of 
their service life, where possible, with U.S. made radiation 
detection systems. The briefing should include the resources 
required to implement the plan.
    Defense Nuclear Nonproliferation Research and 
Development.--The Committee notes the importance of the 
University Consortia and Nonproliferation Stewardship programs 
and includes $20,000,000 for the University Consortia for 
Nuclear Nonproliferation Research.
    Funds above the request have been included for the 
Nonproliferation Stewardship Program for a uranium test bed to 
evaluate, explore, and test emerging technologies and to 
maintain core competencies through enhanced, hands-on training.

             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.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $22,587,000 for payments, required 
by legal obligations, into the legacy University of California 
contractor employee defined benefit pension plans, the Requa 
settlement reached in 2019, and the pension plan at the 
Savannah River Site.

                             Naval Reactors


                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
Appropriation, 2023...................................    $2,081,445,000
Budget estimate, 2024.................................     1,964,100,000
Recommended, 2024.....................................     1,946,049,000
Comparison:
    Appropriation, 2023...............................      -135,396,000
    Budget estimate, 2024.............................       -18,051,000
 

    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 for Columbia-
Class submarine reactor development and continues construction 
activities of the Spent Fuel Handling Recapitalization Project.
    Naval Reactors Development.--Naval Reactors is directed to 
provide a separate project data sheet for SSNX with the fiscal 
year 2025 budget submission clearly identifying fiscal year 
2025 and FYNSP funding requirements.
    Within available funds for Naval Reactors Development, 
$99,747,000 is transferred to the Office of Nuclear Energy for 
Advanced Test Reactor operations.

                     Federal Salaries and Expenses


 
 
 
Appropriation, 2023...................................      $475,000,000
Budget estimate, 2024.................................       538,994,000
Recommended, 2024.....................................       518,994,000
Comparison:
    Appropriation, 2023...............................       +43,994,000
    Budget estimate, 2024.............................       -20,000,000
 

    The Federal Salaries and Expenses account provides 
salaries, corporate planning, oversight, and management for 
Defense Programs, Defense Nuclear Nonproliferation, and the 
NNSA field offices in New Mexico, Nevada, Missouri, Tennessee, 
Texas, South Carolina, and California.
    Human Capital Management.--The Committee notes the success 
of the NNSA's partnership with its Management and Operating 
contractors to coordinate enterprise-wide recruiting efforts. 
However, the Committee remains concerned about the NNSA's 
ability to meet its federal staffing requirements, a challenge 
that poses risk to successfully managing a nuclear 
modernization effort unprecedented in its scope and complexity. 
The NNSA is directed to continue providing the Committee 
monthly updates on the status of hiring and retention.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES


                     Defense Environmental Cleanup


 
 
 
Appropriation, 2023...................................    $7,025,000,000
Budget estimate, 2024.................................     7,073,587,000
Recommended, 2024.....................................     7,073,556,000
Comparison:
    Appropriation, 2023...............................       +48,556,000
    Budget estimate, 2024.............................           -31,000
 

    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 other cleanup action.
    While the budget request for Defense Environmental Cleanup 
included increases at some sites, those increases were at the 
expense of other important cleanup activities at sites 
including Oak Ridge, Idaho, and Savannah River. The 
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 provides the budget 
request for Richland and funding significantly above the fiscal 
year 2023 enacted level for the Office of River Protection to 
support stable cleanup activities at the Hanford Site.
    The Department is directed to apply for the Phase II of the 
Test Bed Initiative (TBI) permit at Hanford by the end of 2023. 
This 2,000-gallon demonstration shall include a safe and 
effective approach for immobilizing low-activity waste for 
disposal out of Washington State in licensed and permitted 
commercial facilities. The Department shall build upon the TBI 
experience and provide a briefing to Congress that includes 
specific funding requirements to accomplish the outcome 
recommended by the Federally Funded Research and Development 
Center (FFRDC), pursuant to Section 3125 of the FY21 National 
Defense Authorization Act, to implement multiple pathways for 
grout solidification/immobilization and disposal outside the 
state of Washington in parallel with the Direct-Feed Low-
Activity Waste vitrification process.
    Richland Operations.--The Committee encourages the 
Department to continue to pursue activities related to making 
strontium-90 for commercial beneficial use as part of the 
Management of Cesium and Strontium Capsules Project (W-135) at 
the Waste Encapsulation and Storage Facility.
    Idaho National Laboratory.--The Committee is aware of 
efforts underway at the Idaho National Laboratory Site to 
collaborate across all programs and contractors to address 
respective missions. The Committee encourages the Office of 
Nuclear Energy, the Office of Environmental Management, and 
Naval Reactors to continue this integration to ensure existing 
facilities, capabilities, and workforce are being utilized 
efficiently and effectively.
    Savannah River Site.--The recommendation includes funds 
above the budget request to support stable funding for cleanup 
at the site, including $42,000,000 for operations and 
maintenance of radiological facilities at the Savannah River 
National Laboratory (SRNL).
    Program Direction.--Recruitment and training of scientists, 
engineers, and other professionals is important to address 
retirement and other attrition trends. As part of its workforce 
strategies, the Committee recommends up to $5,000,000 to 
leverage the DOE Scholars Program to enable the training of 
technicians, engineers, and scientists to support cleanup and 
remediation activities across the program.
    Program Support.--The Committee supports funding for the 
Minority Serving Institution Partnership Program (MSIPP). The 
Department is directed to use a competitive, merit-based 
process in awarding funds for this program. Further, the 
Department is directed to provide to the Committee not later 
than 30 days after enactment of this Act and prior to the 
issuance of a funding opportunity announcement or the 
allocation or obligation of any funds a detailed spend plan for 
fiscal year 2024 funds.
    Technology Development.--The Office of Environmental 
Management is encouraged to continue the National Spent Nuclear 
Fuel Program to address issues related to storing, 
transporting, processing, and disposing of Department-owned and 
managed spent nuclear fuel. The Committee recommends up to 
$5,000,000 for existing cooperative agreements for the 
independent review, analysis, applied research and educational 
initiatives to support cost-effective, risk-informed cleanup 
decision making. Within available funding, the Department is 
encouraged to continue work on qualification, testing, and 
research to advance the state-of-the-art containment 
ventilation systems.

                        Other Defense Activities


 
 
 
Appropriation, 2023...................................    $1,035,000,000
Budget estimate, 2024.................................     1,075,197,000
Recommended, 2024.....................................     1,075,197,000
Comparison:
    Appropriation, 2023...............................       +40,197,000
    Budget estimate, 2024.............................             - - -
 

    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.

                    POWER MARKETING ADMINISTRATIONS

    Management of the federal power marketing functions was 
transferred from the Department of the Interior to the 
Department of Energy in the Department of Energy Organization 
Act of 1977 (Public Law 95-91). These functions include the 
power marketing activities authorized under section 5 of the 
Flood Control Act of 1944 and all other functions of the 
Bonneville Power Administration, the Southeastern Power 
Administration, the Southwestern Power Administration, and the 
power marketing functions of the Bureau of Reclamation that 
have been transferred to the Western Area Power Administration.
    All four power marketing administrations (PMAs) give 
preference in the sale of their power to publicly-owned and 
cooperatively-owned utilities. Operations of the Bonneville 
Power Administration are financed principally under the 
authority of the Federal Columbia River Transmission System Act 
(Public Law 93-454). Under this Act, the Bonneville Power 
Administration is authorized to use its revenues to finance the 
costs of its operations, maintenance, and capital construction 
and to sell bonds to the Treasury if necessary to finance any 
additional capital program requirements.

                  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.

      Operation and Maintenance, Southeastern Power Administration


 
 
 
Appropriation, 2023...................................            $- - -
Budget estimate, 2024.................................             - - -
Recommended, 2024.....................................             - - -
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    The Southeastern Power Administration (SEPA) markets 
hydroelectric power from 22 Corps Projects to 473 customers 
across 11 states in the southeast. SEPA 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, 2023...................................       $10,608,000
Budget estimate, 2024.................................        11,440,000
Recommended, 2024.....................................        11,440,000
Comparison:
    Appropriation, 2023...............................          +832,000
    Budget estimate, 2024.............................             - - -
 

    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 1,381 miles of 
transmission lines, along with supporting substations and 
communications sites.

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


 
 
 
Appropriation, 2023...................................       $98,732,000
Budget estimate, 2024.................................        99,872,000
Recommended, 2024.....................................        99,872,000
Comparison:
    Appropriation, 2023...............................        +1,140,000
    Budget estimate, 2024.............................             - - -
 

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

           Falcon and Amistad Operating and Maintenance Fund


 
 
 
Appropriation, 2023...................................          $228,000
Budget estimate, 2024.................................           228,000
Recommended, 2024.....................................           228,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    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 for Fiscal Years 1994 and 1995 
created the Falcon and Amistad Operating and Maintenance Fund 
to defray the costs of operation, maintenance, and emergency 
activities. The Fund is administered by WAPA 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, 2023...................................      $508,400,000
Budget estimate, 2024.................................       520,000,000
Recommended, 2024.....................................       520,000,000
Comparison:
    Appropriation, 2023...............................       +11,600,000
    Budget estimate, 2024.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2023...................................     -$508,400,000
Budget estimate, 2024.................................      -520,000,000
Recommended, 2024.....................................      -520,000,000
Comparison:
    Appropriation, 2023...............................       -11,600,000
    Budget estimate, 2024.............................             - - -
 

    The Committee recommendation for the Federal Energy 
Regulatory Commission (FERC) is $520,000,000. Revenues for FERC 
are established at a rate equal to the budget authority, 
resulting in a net appropriation of $0.

                        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 RESCISSIONS AND TRANSFERS OF FUNDS)

    Section 301 continues 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.
    Section 302 continues a provision that authorizes 
intelligence activities of the Department of Energy for 
purposes of section 504 of the National Security Act of 1947.
    Section 303 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.
    Section 304 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.
    Section 305 continues a provision that prohibits the use of 
certain funds in this title unless project management is 
conducted.
    Section 306 continues a provision to prohibit certain 
payments.
    Section 307 prohibits activities related to energy 
efficiency standards of distribution transformers.
    Section 308 prohibits the Office of Science from entering 
into multi-year funding agreements with a value of less than 
$5,000,000.
    Section 309 makes additional funds available to the Office 
of the Inspector General for oversight of Public Law 117-58 and 
Public Law 117-169.
    Section 310 addresses regional petroleum product reserves.
    Section 311 rescinds certain funds from prior year 
appropriations.
    Section 312 rescinds certain funds from Public Law 117-169.
    Section 313 prohibits funds to implement the Department of 
Energy Justice40 Initiative.
    Section 314 includes criteria for the sale of petroleum 
products from the Strategic Petroleum Reserve.
    Section 315 addresses research security.
    Section 316 makes certain funds available under Public Law 
117-58 available for different purposes.
    Section 317 prohibits activities related to energy 
conservation standards for gas kitchen ranges and ovens.

                     TITLE IV--INDEPENDENT AGENCIES


                    Appalachian Regional Commission


 
 
 
Appropriation, 2023...................................      $200,000,000
Budget estimate, 2024.................................       235,000,000
Recommended, 2024.....................................       200,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................       -35,000,000
 

    The Appalachian Regional Commission (ARC) is a regional 
economic development agency established in 1965 by the 
Appalachian Regional Development Act (Public Law 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.
    Within available funds, the Committee provides not less 
than $65,000,000 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 recommendation includes $10,000,000 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.
    The recommendation includes $16,000,000 for a program of 
basic infrastructure improvements in distressed counties in 
Central Appalachia.
    The Committee appreciates the Commission providing the 
analysis related to persistent poverty or distressed 
communities pursuant to previous Congressional direction and 
encourages the Commission to continue targeting funding to 
those communities consistent with its statutory authorization.

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2023...................................       $41,401,000
Budget estimate, 2024.................................        47,230,000
Recommended, 2024.....................................        45,000,000
Comparison:
    Appropriation, 2023...............................        +3,599,000
    Budget estimate, 2024.............................        -2,230,000
 

    The Defense Nuclear Facilities Safety Board (DNFSB) 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.

                        Delta Regional Authority


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2023...................................       $30,100,000
Budget estimate, 2024.................................        30,100,000
Recommended, 2024.....................................        31,100,000
Comparison:
    Appropriation, 2023...............................        +1,000,000
    Budget estimate, 2024.............................        +1,000,000
 

    The Delta Regional Authority (DRA) is a federal-state 
partnership established by the Delta Regional Authority Act of 
2000 (Public Law 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.
    Local Development District Community Support Pilot 
Program.--The Committee applauds DRA's pilot program, which 
targets capacity-building for the 45 local development 
districts in DRA's service area and enhances the region's 
resiliency and ability to compete for and leverage resources. 
This pilot program provides critical resources to economically 
distressed areas that do not have the financial means for 
professional grant-writing assistance. The Committee believes 
this is a worthy effort that will ensure rural, impoverished 
areas are not left behind. Therefore, the Committee provides 
not less than $1,000,000 to further support this initiative.
    The fiscal year 2023 Act directed the Commission to provide 
an analysis related to persistent poverty or distressed 
communities. The Committee is still awaiting this analysis and 
directs the DRA to provide the analysis expeditiously.

                           Denali Commission


 
 
 
Appropriation, 2023...................................       $17,000,000
Budget estimate, 2024.................................        17,000,000
Recommended, 2024.....................................        17,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    The Denali Commission is a regional development agency 
established by the Denali Commission Act of 1998 (Public Law 
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 fiscal year 2023 Act directed the Commission to provide 
an analysis related to persistent poverty or distressed 
communities. The Committee is still awaiting this analysis and 
directs the Commission to provide the analysis expeditiously.

                  Northern Border Regional Commission


 
 
 
Appropriation, 2023...................................       $40,000,000
Budget estimate, 2024.................................        40,000,000
Recommended, 2024.....................................        40,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
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 Committee appreciates the Commission providing the 
analysis related to persistent poverty or distressed 
communities pursuant to previous congressional direction and 
encourages the Commission to continue targeting funding to 
those communities consistent with its statutory authorization.

                 Southeast Crescent Regional Commission


 
 
 
Appropriation, 2023...................................       $20,000,000
Budget estimate, 2024.................................        20,000,000
Recommended, 2024.....................................        20,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
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 
was pleased with the recent appointment and confirmation of a 
Federal Co-Chair and supports expeditiously moving forward to 
establish the Commission.
    The fiscal year 2023 Act directed the Commission to provide 
an analysis related to persistent poverty or distressed 
communities. The Committee is still awaiting this analysis and 
directs the Commission to provide the analysis expeditiously.

                  Southwest Border Regional Commission


 
 
 
Appropriation, 2023...................................        $5,000,000
Budget estimate, 2024.................................         5,000,000
Recommended, 2024.....................................         5,000,000
Comparison:
    Appropriation, 2023...............................             - - -
    Budget estimate, 2024.............................             - - -
 

    The Food, Conservation, and Energy Act of 2008 (Public Law 
110-234) authorized the establishment of the Southwest Border 
Regional Commission (SWBRC) as a federal-state partnership 
intended to address the economic development needs of 
distressed portions of the four-state region of Arizona, 
California, New Mexico and Texas.
    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 Commission is encouraged to 
establish key partnerships with local communities for programs 
in economically distressed areas and to consider opportunities 
to establish a regional presence in or near major inland ports 
of entry.

                         Great Lakes Authority


 
 
 
Appropriation, 2023...................................            $- - -
Budget estimate, 2024.................................         5,000,000
Recommended, 2024.....................................         5,000,000
Comparison:
    Appropriation, 2023...............................        +5,000,000
    Budget estimate, 2024.............................             - - -
 

    The Great Lakes Authority (GLA), authorized in Public Law 
117-328, was established as a federal-state partnership 
intended to provide assistance in the areas of the watershed of 
the Great Lakes and the Great Lakes System. The GLA region 
includes Illinois, Indiana, Michigan, Minnesota, New York, 
Ohio, Pennsylvania, and Wisconsin.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2023...................................      $911,384,000
Budget estimate, 2024.................................       960,560,000
Recommended, 2024.....................................       960,560,000
Comparison:...........................................
    Appropriation, 2023...............................       +49,176,000
    Budget estimate, 2024.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2023...................................     -$777,498,000
Budget estimate, 2024.................................      -807,727,000
Recommended, 2024.....................................      -807,727,000
Comparison:
    Appropriation, 2023...............................       -30,229,000
    Budget estimate, 2024.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2023...................................      $133,886,000
Budget estimate, 2024.................................       152,833,000
Recommended, 2024.....................................       152,833,000
Comparison:
    Appropriation, 2023...............................       +18,947,000
    Budget estimate, 2024.............................             - - -
 

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

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                       Account                          FY 2023 enacted     FY 2024 request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety..............................            $490,673            $530,789            $530,789
Nuclear Materials and Waste Safety..................             111,594             125,989             125,989
Decommissioning and Low-Level Waste.................              23,866              26,957              26,957
Integrated University Program.......................              16,000                   0                   0
Corporate Support...................................             285,251             303,968             303,968
                                                     -----------------------------------------------------------
    TOTAL, Program Level............................             927,384             987,703             987,703
    Savings and Carryover...........................             -16,000             -27,143             -27,143
                                                     -----------------------------------------------------------
    TOTAL...........................................             911,384             960,560             960,560
----------------------------------------------------------------------------------------------------------------

    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 budget request 
amounts rounded to the thousands in all tables in future budget 
request submissions.
    Office of the Commission.--Within available funds, up to 
$10,350,720 is included for salaries, travel, and other support 
costs for the Office of the Commission. These salaries and 
expenses shall include only salaries, benefits, and travel 
costs and shall not include general and administrative and 
infrastructure costs. 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.
    Reactor Oversight and Safety.--The Commission is directed 
to continue to provide to the Committee regular briefings on 
the Commission's current reactor oversight and safety program 
and on any proposed changes before they are implemented.
    International Advanced Reactor Activities.--The Committee 
encourages the Commission, in coordination with the Department 
of Energy, to continue its overseas engagement on advanced 
reactors, including prioritizing international cooperation and 
assistance activities for licensing of small modular reactors 
and advanced reactors in prospective countries. The 
Commission's efforts should include input from and coordination 
with interagency partners. The Commission is directed to update 
the Committee on future resource needs based on international 
interest and demand.
    Nuclear Fusion.--The Committee applauds the Commission for 
its diligent research into fusion energy systems. As the 
Commission staff Option Paper has found that currently 
contemplated fusion devices can be regulated under a byproduct 
materials framework, the Committee encourages the Commission to 
focus its efforts towards developing a path for fusion within 
that framework.
    Budget Execution Plan.--The Commission is directed to 
provide to the Committee not later than 30 days after enactment 
of this Act a specific budget execution plan. 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.
    Nuclear Medicine Event Reporting.--The Committee applauds 
the Commission's acceptance of Petition for Rulemaking PRM-35-
22 and acknowledgments that large nuclear medicine 
extravasations can cause patient injury and that reporting such 
occurrences could improve patient care. The Committee strongly 
encourages the Commission to thoroughly consider all comments 
received during the proposed preliminary rulemaking comment 
period related to reporting criterion on patient harm. The 
Committee further encourages the Commission to utilize the 
risk-informed, dose-based reporting threshold the Commission 
uses in other aspects of radiation protection for reporting of 
large extravasations.
    GAO Report on Nuclear Plant Safety.--While the Commission 
and its programs ensure safety and security measures are in 
place to properly manage hazards at our nation's nuclear power 
plants, years of financial pressure and uncertainty have had an 
impact on reactor safety at the Davis-Besse nuclear plant. 
Given those concerns and safety issues, the Committee directs 
the Government Accountability Office, not later than 18 months 
after enactment of this Act, to provide a report on NRC 
oversight of nuclear power plant safety and mechanisms for 
ensuring adequate protection of public health and safety.
    Employee Survey.--The Committee recommends the Commission 
develop and deploy an anonymous, optional survey to NRC 
employees with the intention of discovering potential avenues 
to ultimately improve the efficiency and effectiveness of the 
agency overall, without the fear of reprisal.

                      Office of Inspector General


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2023...................................       $15,769,000
Budget estimate, 2024.................................        18,648,000
Recommended, 2024.....................................        18,648,000
Comparison:
    Appropriation, 2023...............................        +2,879,000
    Budget estimate, 2024.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2023...................................      -$12,655,000
Budget estimate, 2024.................................       -15,481,000
Recommended, 2024.....................................       -15,481,000
Comparison:
    Appropriation, 2023...............................        -2,826,000
    Budget estimate, 2024.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2023...................................        $3,114,000
Budget estimate, 2024.................................         3,167,000
Recommended, 2024.....................................         3,167,000
Comparison:
    Appropriation, 2023...............................           +53,000
    Budget estimate, 2024.............................             - - -
 

    The Committee includes $1,534,900,000 within this 
appropriation to provide inspector general services for the 
Defense Nuclear Facilities Safety Board.

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2023...................................        $3,945,000
Budget estimate, 2024.................................         4,064,000
Recommended, 2024.....................................         4,064,000
Comparison:
    Appropriation, 2023...............................          +119,000
    Budget estimate, 2024.............................             - - -
 

    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

    Section 401 continues a provision requiring the NRC to 
comply with certain procedures when responding to congressional 
requests for information.
    Section 402 continues a provision regarding the 
circumstances in which the Nuclear Regulatory Commission may 
reprogram funds.

                     TITLE V--WATER FOR CALIFORNIA

    Section 501 defines terms for the purposes of subtitle A 
through subtitle D of Title V only.
    Section 502 addresses the treatment of previously 
appropriated funds.
    Section 511 directs water project operations in California 
consistent with certain criteria.
    Section 512 maximizes water supplies in California.
    Section 513 delineates allocations of water supplies in 
California with respect to water project operations.
    Section 514 describes certain necessary conditions for 
reevaluation of project operations.
    Section 515 provides for the expiration of certain 
provisions of title V.
    Section 516 modifies public water agency involvement in 
revising project operations.
    Section 521 defines additional terms for the purposes of 
subtitle B only.
    Section 522 directs water allocations for certain water 
contractors.
    Section 523 clarifies impacts on certain environmental and 
contractual water deliveries.
    Section 524 clarifies impacts on certain water deliveries 
and water rights.
    Section 531 removes eligibility restrictions under an 
existing infrastructure program.
    Section 532 directs the development of a plan for certain 
water supply improvements.
    Section 533 directs a report on certain fish hatcheries.
    Section 534 modifies and extends certain authorities 
related to water infrastructure programs.
    Section 535 clarifies project eligibility under a certain 
water infrastructure program.
    Section 541 directs a timeline for completion of certain 
environmental obligations in California.
    Section 551 defines additional terms for the purposes of 
subtitle E only.
    Section 552 establishes coordinated environmental reviews 
of certain water projects.
    Section 553 describes the responsibilities of the Bureau of 
Reclamation in coordinated environmental reviews of certain 
water projects.
    Section 554 describes the responsibilities of other federal 
agencies involved in coordinated environmental reviews of 
certain water projects.
    Section 555 authorizes funding for coordinated 
environmental reviews.

                      TITLE VI--GENERAL PROVISIONS


                     (INCLUDING TRANSFER OF FUNDS)

    Section 601 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.
    Section 602 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.
    Section 603 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.
    Section 604 prohibits funds for private consolidated 
interim storage of commercial spent nuclear fuel.
    Section 605 prohibits funds to promote or advance Critical 
Race Theory.
    Section 606 prohibits funds to implement certain Executive 
Orders.
    Section 607 prohibits funds to discriminate against a 
person who speaks, or acts, in accordance with a sincerely held 
religious belief, or moral conviction, that marriage is, or 
should be recognized as, a union of one man and one woman.
    Section 608 prohibits activities related to energy 
conservation standards for residential clothes washers.
    Section 609 prohibits funds for any diversity, equity, and 
inclusion office, program, or training.
    Section 610 prohibits funds to implement or enforce section 
370 of Public Law 116-283 with respect to civil works projects.
    Section 611 prohibits funds for activities related to any 
entity of concern, as defined in section 10114 of title I of 
division B of Public Law 117-167.
    Section 612 prohibits the Secretary of Energy from awarding 
any contracts, subcontracts, grants, or loans to an entity that 
meets certain criteria.
    Section 613 establishes a spending reduction account.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

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

         Statement of General Performance Goals and Objectives

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

                           Transfer of Funds

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

                   TITLE I--CORPS OF ENGINEERS--CIVIL

    Under section 104, ``General Provisions, Corps of 
Engineers--Civil'', $8,200,000 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'', $1,051,000 is 
available for transfer to the Upper Colorado River Basin Fund 
and $7,584,000 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. Additionally, 
$5,500,000 is available for transfer into the San Gabriel Basin 
Restoration Fund established by section 110 of title I of 
division B of appendix D of Public Law 106-554. The amounts of 
transfers may be increased or decreased within the overall 
appropriation under the heading.
    Under ``Water and Related Resources'', $500,000 is 
available for transfer into the Aging Infrastructure Account 
established by section 9603(d)(1) of the Omnibus Public Land 
Management Act of 2009, as amended.
    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'', $99,747,000 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 available for appropriation 
accounts for such activities established pursuant to this 
title. Available balances may be merged with funds in the 
applicable established accounts and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Under section 309, ``General Provisions--Department of 
Energy,'' portions of certain unobligated balances provided in 
Public Law 117-58 and Public Law 117-169 shall be transferred 
to the Office of the Inspector General of the Department of 
Energy.

   Disclosure of Earmarks and Congressionally Directed Spending Items

    The following table is submitted in compliance with clause 
9 of rule XXI, and lists the congressional earmarks (as defined 
in paragraph (e) of clause 9) contained in the bill or in this 
report. Neither the bill nor the report contains any limited 
tax benefits or limited tariff benefits as defined in 
paragraphs (f) or (g) of 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, 
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, providing funds from the Inland Waterways Trust 
Fund and the Harbor Maintenance Trust Fund.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, providing funds from the 
Harbor Maintenance Trust Fund.
    Language has been included under the Corps of Engineers, 
Operation and Maintenance, stating that funds can be used for: 
the operation, maintenance, and care of existing river and 
harbor, flood and storm damage reduction, aquatic ecosystem 
restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; 
maintaining authorized harbor channels provided by a state, 
municipality, or other public agency that serve essential 
navigation needs of general commerce; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to 
navigation.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, providing 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, providing that the allocation 
of funds be made in accordance to the provisions of this title 
and report accompanying this Act.
    Language has been included under Corps of Engineers, 
General Provisions, section 103, 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 104, 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 105, prohibiting certain dredged 
material disposal activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 106, prohibiting certain activities 
at a Corps of Engineers project.
    Language has been included under Corps of Engineers, 
General Provisions, section 107, prohibiting funds for 
reorganization of the Civil Works program.
    Language has been included under Corps of Engineers, 
General Provisions, section 108, regarding the allocation of 
additional funding.
    Language has been included under Corps of Engineers, 
General Provisions, section 109, nullifying the rule related to 
the definition of waters under the jurisdiction of the Federal 
Water Pollution Control Act.
    Language has been included under the Corps of Engineers, 
General Provisions, section 110, allowing the possession of 
firearms at water resources development projects under certain 
circumstances.
    Language has been included under the Corps of Engineers, 
General Provisions, section 111, prohibiting implementation of 
any changes to eligibility requirements for assistance under 
P.L. 84-99 after a date certain.
    Language has been included under the Corps of Engineers, 
General Provisions, section 112, allowing certain funds made 
available under Public Law 117-58 to be made available for 
certain projects that received funds under Public Law 115-123.

                  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, allowing fund transfers within the 
overall appropriation to the Aging Infrastructure Account 
established by section 9603(d)(1) of the Omnibus Public Land 
Management Act of 2009, as amended.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing for funds to be derived 
from the Reclamation Fund, the Water Storage Enhancements 
Receipts account established by section 4011(e) of Public Law 
114-322, 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 certain funds 
appropriated under this heading shall be deposited in the San 
Gabriel Restoration Fund established by section 110 of title I 
of appendix D of Public Law 106-554.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds may be used 
for high priority projects carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, allowing the Bureau of 
Reclamation to expend such sums as may be collected in fiscal 
year 2024.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, directing the Bureau 
of Reclamation to assess and collect the full amount of 
additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, providing that none of 
the funds under the heading may be used for the acquisition or 
lease of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court order adopted by 
consent or decree.
    Language has been included under Bureau of Reclamation, 
California Bay-Delta Restoration (CALFED), 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, 
Policy and Administration, providing that funds are available 
for official reception and representation 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.

                    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 Cybersecurity, Energy 
Security, and Emergency Response for the purchase, 
construction, and acquisition of plant and capital equipment.
    Language has been included under Electricity 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 Non-Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment, and to allow collections to be 
expended for mercury storage costs.
    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 Title 17 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 Title 17 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 Public Law 95-238, to permit the 
Department of Energy to use revenues to offset appropriations. 
The appropriations language for this account reflects the total 
estimated program funding to be reduced as revenues are 
received.
    Language has been included under Weapons Activities for the 
purchase, construction, and acquisition of plant and capital 
equipment.
    Language has been included under Defense Nuclear 
Nonproliferation for the purchase, construction, and 
acquisition of plant and capital equipment.
    Language has been included under Naval Reactors for the 
acquisition of real property, 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 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 2024 until enactment of the 
Intelligence Authorization Act for fiscal year 2024.
    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, regarding project management.
    Language has been included under Department of Energy, 
General Provisions, section 306, to prohibit certain payments.
    Language has been included under Department of Energy, 
General Provisions, section 307, to prohibit activities related 
to energy efficiency standards of distribution transformers.
    Language has been included under Department of Energy, 
General Provisions, section 308, to prohibit the Office of 
Science from entering into multi-year funding agreements with a 
value of less than $5,000,000.
    Language has been included under Department of Energy, 
General Provisions, section 309, making additional funds 
available to the Office of the Inspector General for oversight 
of Public Law 117-58 and Public Law 117-169.
    Language has been included under Department of Energy, 
General Provisions, section 310, regarding regional petroleum 
product reserves.
    Language has been included under Department of Energy, 
General Provisions, section 311, rescinding funds from prior 
year appropriations.
    Language has been included under Department of Energy, 
General Provisions, section 312, rescinding certain funds from 
Public Law 117-169.
    Language has been included under Department of Energy, 
General Provisions, section 313, to prohibit funds to implement 
the Department of Energy Justice40 Initiative.
    Language has been included under Department of Energy, 
General Provisions, section 314, regarding criteria for the 
sale of petroleum products from the Strategic Petroleum 
Reserve.
    Language has been included under Department of Energy, 
General Provisions, section 315, regarding research security.
    Language has been included under Department of Energy, 
General Provisions, section 316, making certain funds available 
under Public Law 117-58 available for different purposes.
    Language has been included under Department of Energy, 
General Provisions, section 317, prohibiting activities related 
to energy conservation standards for gas kitchen ranges and 
ovens.

                     TITLE IV--INDEPENDENT AGENCIES

    Language has been included under Appalachian Regional 
Commission providing for the hire of passenger vehicles and 
services authorized by section 3109 of title 5, United States 
Code.
    Language has been included under Delta Regional Authority 
allowing the expenditure of funds as authorized by the Delta 
Regional Authority Act of 2000, notwithstanding sections 
382F(d), 382M, and 382N of said Act.
    Language has been included under Denali Commission allowing 
the expenditure of funds notwithstanding section 306(g) of the 
Denali Commission Act of 1998, and providing for cost-share 
requirements for Commission-funded construction projects in 
distressed and non-distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998, as amended.
    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 allowing the expenditure of funds, notwithstanding 
section 15751(b) of title 40, United States Code.
    Language has been included under Nuclear Regulatory 
Commission (NRC), Salaries and Expenses, that provides for 
salaries and other support costs for the Office 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.
    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 Provisions, section 402, providing that none of the 
funds for the NRC may be available for obligation or 
expenditure through a reprogramming of funds except in certain 
circumstances.

                     TITLE V--WATER FOR CALIFORNIA

    Language has been included under section 501 defining terms 
for the purposes of subtitle A through subtitle D of Title V 
only.
    Language has been included under section 511 to direct 
water project operations in California consistent with certain 
criteria.
    Language has been included under section 512 to maximize 
water supplies in California.
    Language has been included under section 513 to delineate 
allocations of water supplies in California with respect to 
water project operations.
    Language has been included under section 514 describing 
certain necessary conditions for reevaluation of project 
operations.
    Language has been included under section 515 related to 
expiration of certain provisions of title V.
    Language has been included under section 516 related to 
public water agency involvement in revising project operations.
    Language has been included under section 521 defining 
additional terms for the purposes of subtitle B only.
    Language has been included under section 522 directing 
water allocations for certain water contractors.
    Language has been included under section 523 to clarify 
impacts on certain environmental and contractual water 
deliveries.
    Language has been included under section 524 to clarify 
impacts on certain water deliveries and water rights.
    Language has been included under section 531 to remove 
eligibility restrictions under an existing infrastructure 
program.
    Language has been included under section 532 to direct 
development of a plan for certain water supply improvements.
    Language has been included under section 533 to direct a 
report on certain fish hatcheries.
    Language has been included under section 534 to modify and 
extend certain authorities related to water infrastructure 
programs.
    Language has been included under section 535 to clarify 
project eligibility under a certain water infrastructure 
program.
    Language has been included under section 541 related to a 
timeline for completion of certain environmental obligations in 
California.
    Language has been included under section 551 defining 
additional terms for the purposes of subtitle E only.
    Language has been included under section 552 related to 
coordinated environmental reviews of certain water projects.
    Language has been included under section 553 describing the 
responsibilities of the Bureau of Reclamation in coordinated 
environmental reviews of certain water projects.
    Language has been included under section 554 describing the 
responsibilities of other federal agencies involved in 
coordinated environmental reviews of certain water projects.
    Language has been included under section 555 related to 
funding of coordinated environmental reviews.

                      TITLE VI--GENERAL PROVISIONS

    Language has been included under General Provisions, 
section 601, 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 602, 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 603, prohibiting funds from being used to maintain or 
establish computer networks unless such networks block the 
viewing, downloading, or exchange of pornography.
    Language has been included under General Provisions, 
section 604, prohibiting funds for private consolidated interim 
storage of commercial spent nuclear fuel.
    Language has been included under General Provisions, 
section 605, prohibiting funds to promote or advance Critical 
Race Theory.
    Language has been included under General Provisions, 
section 606, prohibiting funds to implement certain Executive 
Orders.
    Language has been included under General Provisions, 
section 607, prohibiting funds to discriminate against a person 
who speaks, or acts, in accordance with a sincerely held 
religious belief, or moral conviction, that marriage is, or 
should be recognized as, a union of one man and one woman.
    Language has been included under General Provisions, 
section 608 prohibiting activities related to energy 
conservation standards for residential clothes washers.
    Language has been included under General Provisions, 
section 609 prohibiting funds for any diversity, equity, and 
inclusion office, program, or training.
    Language has been included under General Provisions, 
section 610 prohibiting funds to implement or enforce section 
370 of Public Law 116-283 with respect to civil works projects.
    Language has been included under General Provisions, 
section 611 prohibiting funds for activities related to any 
entity of concern, as defined in section 10114 of title I of 
division B of Public Law 117-167.
    Language has been included under General Provisions, 
section 612 prohibiting the Secretary of Energy from awarding 
any contracts, subcontracts, grants, or loans to an entity that 
meets certain criteria.

                          Program Duplication

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, no provision of this bill establishes 
or reauthorizes a program of the Federal Government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

          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):

                           PUBLIC LAW 117-58



           *       *       *       *       *       *       *
DIVISION J--APPROPRIATIONS

           *       *       *       *       *       *       *


TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

           *       *       *       *       *       *       *


GENERAL PROVISIONS--DEPARTMENT OF ENERGY(including transfer of funds)

           *       *       *       *       *       *       *


  Sec. 303. (a) [One-tenth] Except as provided in subsection 
(b), one-tenth of one percent of the amounts made available to 
the Department of Energy under each heading in this title in 
this Act in each of fiscal years 2022 through 2026 shall be 
transferred to the Office of the Inspector General of the 
Department of Energy to oversee the funds made available to the 
Department of Energy in this title in this Act.
                  (b) Beginning on October 1, 2023, of the 
                amounts made available to the Department of 
                Energy under each heading in this title in this 
                Act, two-tenths of one percent of such amounts 
                in each of fiscal years 2024 through 2026 shall 
                be transferred to the Office of the Inspector 
                General of the Department of Energy to oversee 
                the funds made available to the Department of 
                Energy in this title in this Act: Provided, 
                That any amounts so transferred that were 
                previously designated by the Congress as an 
                emergency requirement pursuant to the Balanced 
                Budget and Emergency Deficit Control Act of 
                1985 or a concurrent resolution on the budget 
                are designated by the Congress as an emergency 
                requirement pursuant to section 251(b)(2)(A)(i) 
                of the Balanced Budget and Emergency Deficit 
                Control Act of 1985.

           *       *       *       *       *       *       *

                              ----------                              


          WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT



           *       *       *       *       *       *       *
TITLE III--NATURAL RESOURCES

           *       *       *       *       *       *       *


Subtitle J--California Water

           *       *       *       *       *       *       *


SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS.

  (a) Resolution of Water Resource Issues.--In furtherance of 
the policy established by section 2(c)(2) of the Endangered 
Species Act of 1973, that Federal agencies shall cooperate with 
State and local agencies to resolve water resource issues in 
concert with conservation of endangered species, in any 
consultation or reconsultation on the coordinated operations of 
the Central Valley Project and the State Water Project, the 
Secretaries of the Interior and Commerce shall ensure that any 
[public water agency that contracts] contractor for the 
delivery of water from the Central Valley Project or the State 
Water Project that so requests shall--
          (1) have routine and continuing opportunities to 
        discuss and submit information to the action agency for 
        consideration during the development of any biological 
        assessment or proposed action;
          (2) be informed by the action agency of the schedule 
        for preparation of a biological assessment or proposed 
        action;
          (3) receive a copy of the draft proposed action and 
        have the opportunity to review that document and 
        provide comment to the action agency, which comments 
        shall be afforded due consideration during development;
          [(3)] (4) be informed by the consulting agency, the 
        U.S. Fish and Wildlife Service or the National Marine 
        Fisheries Service, of the schedule for preparation of 
        the biological opinion at such time as the biological 
        assessment is submitted to the consulting agency by the 
        action agency;
          [(4)] (5) receive a copy of any draft biological 
        opinion and have the opportunity to review that 
        document and provide comment to the consulting agency 
        through the action agency, which comments will be 
        afforded due consideration during the consultation;
          [(5)] (6) have the opportunity to confer with the 
        action agency and applicant, if any, about reasonable 
        and prudent alternatives prior to the action agency or 
        applicant identifying one or more reasonable and 
        prudent alternatives for consideration by the 
        consulting agency; and
          [(6)] (7) where action agency proposes a proposed 
        action or the consulting agency suggests a reasonable 
        and prudent alternative be informed--
                  (A) how each component of the proposed action 
                or alternative will contribute to avoiding 
                jeopardy or adverse modification of critical 
                habitat and the scientific data or information 
                that supports each component of the 
                alternative; and
                  (B) why other proposed [alternative actions] 
                actions or alternatives that would have fewer 
                adverse water supply and economic impacts are 
                inadequate to avoid jeopardy or adverse 
                modification of critical habitat.
  (b) Input.--When consultation is ongoing, the Secretaries of 
the Interior and Commerce shall regularly solicit input from 
and report their progress to the Collaborative Adaptive 
Management Team and the Collaborative Science and Adaptive 
Management Program policy group. The Collaborative Adaptive 
Management Team and the Collaborative Science and Adaptive 
Management Program policy group may provide the Secretaries 
with recommendations to improve the effects analysis and 
Federal agency determinations. The Secretaries shall give due 
consideration to the recommendations when developing the 
Biological Assessment and Biological Opinion.
  (c) Meetings.--The Secretaries shall establish a quarterly 
stakeholder meeting during any consultation or reconsultation 
for the purpose of providing updates on the development of the 
Biological Assessment and Biological Opinion. The quarterly 
stakeholder meeting shall be open to stakeholders identified by 
the Secretaries representing a broad range of interests 
including environmental, recreational and commercial fishing, 
agricultural, municipal, Delta, and other regional interests, 
and including stakeholders that are not state or local 
agencies.
  (d) Clarification.--Neither subsection (b) or (c) of this 
section may be used to meet the requirements of subsection (a).
  (e) Non-applicability of FACA.--For the purposes of 
subsection (b), the Collaborative Adaptive Management Team, the 
Collaborative Science and Adaptive Management Program policy 
group, and any recommendations made to the Secretaries, are 
exempt from the Federal Advisory Committee Act.

           *       *       *       *       *       *       *


SEC. 4007. STORAGE.

  (a) Definitions.--In this subtitle:
          (1) Federally owned storage project.--The term 
        ``federally owned storage project'' means any project 
        involving a surface water storage facility in a 
        Reclamation State--
                  (A) to which the United States holds title; 
                and
                  (B) that was authorized to be constructed, 
                operated, and maintained pursuant to the 
                reclamation laws.
          (2) State-led storage project.--The term ``State-led 
        storage project'' means any project in a Reclamation 
        State that--
                  (A) involves a groundwater or surface water 
                storage facility constructed, operated, and 
                maintained by any State, department of a State, 
                subdivision of a State, or public agency 
                organized pursuant to State law; and
                  (B) provides a benefit in meeting any 
                obligation under Federal law (including 
                regulations).
  (b) Federally Owned Storage Projects.--
          (1) Agreements.--On the request of any State, any 
        department, agency, or subdivision of a State, [or any 
        public agency organized pursuant to State law] any 
        public agency organized pursuant to State law, or any 
        stakeholder, the Secretary of the Interior may 
        negotiate and enter into an agreement on behalf of the 
        United States for the design, study, and construction 
        or expansion of any federally owned storage project in 
        accordance with this section.
          (2) Federal cost share.--Subject to the requirements 
        of this subsection, the Secretary of the Interior may 
        participate in a federally owned storage project in an 
        amount equal to not more than 50 percent of the total 
        cost of the federally owned storage project.
          (3) Commencement.--The construction of a federally 
        owned storage project that is the subject of an 
        agreement under this subsection shall not commence 
        until the Secretary of the Interior--
                  (A) determines that the proposed federally 
                owned storage project is feasible in accordance 
                with the reclamation laws;
                  (B) secures an agreement providing upfront 
                funding as is necessary to pay the non-Federal 
                share of the capital costs; and
                  (C) determines that, in return for the 
                Federal cost-share investment in the federally 
                owned storage project, at least a proportionate 
                share of the project benefits are Federal 
                benefits, including water supplies dedicated to 
                specific purposes such as environmental 
                enhancement and wildlife refuges.
          (4) Environmental laws.--In participating in a 
        federally owned storage project under this subsection, 
        the Secretary of the Interior shall comply with all 
        applicable environmental laws, including the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
  (c) State-Led Storage Projects.--
          (1) In general.--Subject to the requirements of this 
        subsection, the Secretary of the Interior may 
        participate in a State-led storage project in an amount 
        equal to not more than 25 percent of the total cost of 
        the State-led storage project.
          (2) Request by governor.--Participation by the 
        Secretary of the Interior in a State-led storage 
        project under this subsection shall not occur unless--
                  (A) the participation has been requested by 
                the Governor of the State in which the State-
                led storage project is located;
                  (B) the State or local sponsor determines, 
                and the Secretary of the Interior concurs, 
                that--
                          (i) the State-led storage project is 
                        technically and financially feasible 
                        and provides a Federal benefit in 
                        accordance with the reclamation laws;
                          (ii) sufficient non-Federal funding 
                        is available to complete the State-led 
                        storage project; and
                          (iii) the State-led storage project 
                        sponsors are financially solvent;
                  (C) the Secretary of the Interior determines 
                that, in return for the Federal cost-share 
                investment in the State-led storage project, at 
                least a proportional share of the project 
                benefits are the Federal benefits, including 
                water supplies dedicated to specific purposes 
                such as environmental enhancement and wildlife 
                refuges; and
                  (D) the Secretary of the Interior submits to 
                Congress a written notification of these 
                determinations within 30 days of making such 
                determinations.
          (3) Environmental laws.--When participating in a 
        State-led storage project under this subsection, the 
        Secretary shall comply with all applicable 
        environmental laws, including the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          (4) Information.--When participating in a State-led 
        storage project under this subsection, the Secretary of 
        the Interior--
                  (A) may rely on reports prepared by the 
                sponsor of the State-led storage project, 
                including feasibility (or equivalent) studies, 
                environmental analyses, and other pertinent 
                reports and analyses; but
                  (B) shall retain responsibility for making 
                the independent determinations described in 
                paragraph (2).
  (d) Authority To Provide Assistance.--The Secretary of the 
Interior may provide financial assistance under this subtitle 
to carry out projects within any Reclamation State.
  (e) Rights To Use Capacity.--Subject to compliance with State 
water rights laws, the right to use the capacity of a federally 
owned storage project or State-led storage project for which 
the Secretary of the Interior has entered into an agreement 
under this subsection shall be allocated in such manner as may 
be mutually agreed to by the Secretary of the Interior and each 
other party to the agreement.
  (f) Compliance With California Water Bond.--
          (1) In general.--The provision of Federal funding for 
        construction of a State-led storage project in the 
        State of California shall be subject to the condition 
        that the California Water Commission shall determine 
        that the State-led storage project is consistent with 
        the California Water Quality, Supply, and 
        Infrastructure Improvement Act, approved by California 
        voters on November 4, 2014.
          (2) Applicability.--This subsection expires on the 
        date on which State bond funds available under the Act 
        referred to in paragraph (1) are expended.
  (g) Partnership and Agreements.--The Secretary of the 
Interior, acting through the Commissioner, may partner or enter 
into an agreement regarding the water storage projects 
identified in section 103(d)(1) of the Water Supply, 
Reliability, and Environmental Improvement Act (Public Law 108-
361; 118 Stat. 1688) with local joint powers authorities formed 
pursuant to State law by irrigation districts and other local 
water districts and local governments within the applicable 
hydrologic region, to advance those projects.
  (h) Authorization of Appropriations.--
          (1) $335,000,000 of funding in section 4011(e) is 
        authorized to remain available until expended.
          (2) Projects can only receive funding if enacted 
        appropriations legislation designates funding to them 
        by name, after the Secretary recommends specific 
        projects for funding pursuant to this section and 
        transmits such recommendations to the appropriate 
        committees of Congress.
  (i) Sunset.--This section shall apply only to federally owned 
storage projects and State-led storage projects that the 
Secretary of the Interior determines to be feasible before 
[January 1, 2021] January 1, 2028.
  (j) Consistency With State Law.--Nothing in this section 
preempts or modifies any obligation of the United States to act 
in conformance with applicable State law.
  (k) Calfed Authorization.--Title I of Public Law 108-361 (the 
Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 
2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 
of Public Law 114-113) is amended by striking ``2017'' each 
place it appears and inserting ``2019''.

           *       *       *       *       *       *       *


SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES AND 
                    OTHER WILDLIFE.

  (a) Increased Real-Time Monitoring and Updated Science.--
          (1) Smelt biological opinion.--The Director shall use 
        the best scientific and commercial data available to 
        implement, continuously evaluate, and refine or amend, 
        as appropriate, the reasonable and prudent alternative 
        described in the smelt biological opinion.
          (2) Increased monitoring to inform real-time 
        operations.--
                  (A) In general.--The Secretary of the 
                Interior shall conduct additional surveys, on 
                an annual basis at the appropriate time of year 
                based on environmental conditions, in 
                collaboration with interested stakeholders 
                regarding the science of the Delta in general, 
                and to enhance real time decisionmaking in 
                particular, working in close coordination with 
                relevant State authorities.
                  (B) Requirements.--In carrying out this 
                subsection, the Secretary of the Interior shall 
                use--
                          (i) the most appropriate and accurate 
                        survey methods available for the 
                        detection of Delta smelt to determine 
                        the extent to which adult Delta smelt 
                        are distributed in relation to certain 
                        levels of turbidity or other 
                        environmental factors that may 
                        influence salvage rate;
                          (ii) results from appropriate surveys 
                        for the detection of Delta smelt to 
                        determine how the Central Valley 
                        Project and State Water Project may be 
                        operated more efficiently to maximize 
                        fish and water supply benefits; and
                          (iii) science-based recommendations 
                        developed by any of the persons or 
                        entities described in paragraph (4)(B) 
                        to inform the agencies' real-time 
                        decisions.
                  (C) Winter monitoring.--During the period 
                between December 1 and March 31, if suspended 
                sediment loads enter the Delta from the 
                Sacramento River, and the suspended sediment 
                loads appear likely to raise turbidity levels 
                in the Old River north of the export pumps from 
                values below 12 Nephelometric Turbidity Units 
                (NTUs) to values above 12 NTUs, the Secretary 
                of the Interior shall--
                          (i) conduct daily monitoring using 
                        appropriate survey methods at locations 
                        including the vicinity of Station 902 
                        to determine the extent to which adult 
                        Delta smelt are moving with turbidity 
                        toward the export pumps; and
                          (ii) use results from the monitoring 
                        under subparagraph (A) to determine how 
                        increased trawling can inform daily 
                        real-time Central Valley Project and 
                        State Water Project operations to 
                        maximize fish and water supply 
                        benefits.
          (3) Periodic review of monitoring.--Not later than 1 
        year after the date of enactment of this subtitle, the 
        Secretary of the Interior shall--
                  (A) evaluate whether the monitoring program 
                under paragraph (2), combined with other 
                monitoring programs for the Delta, is providing 
                sufficient data to inform Central Valley 
                Project and State Water Project operations to 
                maximize the water supply for fish and water 
                supply benefits; and
                  (B) determine whether the monitoring efforts 
                should be changed in the short or long term to 
                provide more useful data.
          (4) Delta smelt distribution study.--
                  (A) In general.--Not later than March 15, 
                2021, the Secretary of the Interior shall--
                          (i) complete studies, to be initiated 
                        by not later than 90 days after the 
                        date of enactment of this subtitle, 
                        designed--
                                  (I) to understand the 
                                location and determine the 
                                abundance and distribution of 
                                Delta smelt throughout the 
                                range of the Delta smelt; and
                                  (II) to determine potential 
                                methods to minimize the effects 
                                of Central Valley Project and 
                                State Water Project operations 
                                on the Delta smelt;
                          (ii) based on the best available 
                        science, if appropriate and 
                        practicable, implement new targeted 
                        sampling and monitoring of Delta smelt 
                        in order to maximize fish and water 
                        supply benefits prior to completion of 
                        the study under clause (i);
                          (iii) to the maximum extent 
                        practicable, use new technologies to 
                        allow for better tracking of Delta 
                        smelt, such as acoustic tagging, 
                        optical recognition during trawls, and 
                        fish detection using residual 
                        deoxyribonucleic acid (DNA); and
                          (iv) if new sampling and monitoring 
                        is not implemented under clause (ii), 
                        provide a detailed explanation of the 
                        determination of the Secretary of the 
                        Interior that no change is warranted.
                  (B) Consultation.--In determining the scope 
                of the studies under this subsection, the 
                Secretary of the Interior shall consult with--
                          (i) Central Valley Project and State 
                        Water Project water contractors and 
                        public water agencies;
                          (ii) other public water agencies;
                          (iii) the California Department of 
                        Fish and Wildlife and the California 
                        Department of Water Resources; and
                          (iv) nongovernmental organizations.
  (b) Actions to Benefit Endangered Fish Populations.--
          (1) Findings.--Congress finds that--
                  (A) minimizing or eliminating stressors to 
                fish populations and their habitat in an 
                efficient and structured manner is a key aspect 
                of a fish recovery strategy;
                  (B) functioning, diverse, and interconnected 
                habitats are necessary for a species to be 
                viable; and
                  (C) providing for increased fish habitat may 
                not only allow for a more robust fish recovery, 
                but also reduce impacts to water supplies.
          (2) Actions for benefit of endangered species.--There 
        is authorized to be appropriated the following amounts:
                  (A) $15,000,000 for the Secretary of 
                Commerce, through the Administrator of the 
                National Oceanic and Atmospheric 
                Administration, to carry out the following 
                activities in accordance with the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.):
                          (i) Gravel and rearing area additions 
                        and habitat restoration to the 
                        Sacramento River to benefit Chinook 
                        salmon and steelhead trout.
                          (ii) Scientifically improved and 
                        increased real-time monitoring to 
                        inform real-time operations of Shasta 
                        and related Central Valley Project 
                        facilities, and alternative methods, 
                        models, and equipment to improve 
                        temperature modeling and related 
                        forecasted information for purposes of 
                        predicting impacts to salmon and salmon 
                        habitat as a result of water management 
                        at Shasta.
                          (iii) Methods to improve the Delta 
                        salvage systems, including alternative 
                        methods to redeposit salvaged salmon 
                        smolts and other fish from the Delta in 
                        a manner that reduces predation losses.
                  (B) $3,000,000 for the Secretary of the 
                Interior to conduct the Delta smelt 
                distribution study referenced in subsection 
                (a)(4).
          (3) Commencement.--If the Administrator of the 
        National Oceanic and Atmospheric Administration 
        determines that a proposed activity is feasible and 
        beneficial for protecting and recovering a fish 
        population, the Administrator shall commence 
        implementation of the activity by not later than 1 year 
        after the date of enactment of this subtitle.
          (4) Consultation.--The Administrator shall take such 
        steps as are necessary to partner with, and coordinate 
        the efforts of, the Department of the Interior, the 
        Department of Commerce, and other relevant Federal 
        departments and agencies to ensure that all Federal 
        reviews, analyses, opinions, statements, permits, 
        licenses, and other approvals or decisions required 
        under Federal law are completed on an expeditious 
        basis, consistent with Federal law.
          (5) Conservation fish hatcheries.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of this subtitle, the 
                Secretaries of the Interior and Commerce, in 
                coordination with the Director of the 
                California Department of Fish and Wildlife, 
                shall develop and implement as necessary the 
                expanded use of conservation hatchery programs 
                to enhance, supplement, and rebuild Delta smelt 
                and Endangered Species Act-listed fish species 
                under the smelt and salmonid biological 
                opinions.
                  (B) Requirements.--The conservation hatchery 
                programs established under paragraph (1) and 
                the associated hatchery and genetic management 
                plans shall be designed--
                          (i) to benefit, enhance, support, and 
                        otherwise recover naturally spawning 
                        fish species to the point where the 
                        measures provided under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et 
                        seq.) are no longer necessary; and
                          (ii) to minimize adverse effects to 
                        Central Valley Project and State Water 
                        Project operations.
                  (C) Priority; cooperative agreements.--In 
                implementing this section, the Secretaries of 
                the Interior and Commerce--
                          (i) shall give priority to existing 
                        and prospective hatchery programs and 
                        facilities within the Delta and the 
                        riverine tributaries thereto; and
                          (ii) may enter into cooperative 
                        agreements for the operation of 
                        conservation hatchery programs with 
                        States, Indian tribes, and other 
                        nongovernmental entities for the 
                        benefit, enhancement, and support of 
                        naturally spawning fish species.
                  (D) Semi-annual report.--The Secretary of the 
                Interior and the Secretary of Commerce shall 
                submit to the Committee on Natural Resources of 
                the House of Representatives, and the Committee 
                on Energy and Natural Resources of the Senate 
                semi-annual reports that detail activities 
                carried out under this paragraph.
          (6) Acquisition of land, water, or interests from 
        willing sellers for environmental purposes in 
        california.--
                  (A) In general.--The Secretary of the 
                Interior is authorized to acquire by purchase, 
                lease, donation, or otherwise, land, water, or 
                interests in land or water from willing sellers 
                in California--
                          (i) to benefit listed or candidate 
                        species under the Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.) or 
                        the California Endangered Species Act 
                        (California Fish and Game Code sections 
                        2050 through 2116);
                          (ii) to meet requirements of, or 
                        otherwise provide water quality 
                        benefits under, the Federal Water 
                        Pollution Control Act (33 U.S.C. 1251 
                        et seq.) or the Porter Cologne Water 
                        Quality Control Act (division 7 of the 
                        California Water Code); or
                          (iii) for protection and enhancement 
                        of the environment, as determined by 
                        the Secretary of the Interior.
                  (B) State participation.--In implementing 
                this section, the Secretary of the Interior is 
                authorized to participate with the State of 
                California or otherwise hold such interests 
                identified in subparagraph (A) in joint 
                ownership with the State of California based on 
                a cost share deemed appropriate by the 
                Secretary.
                  (C) Treatment.--Any expenditures under this 
                subsection shall be nonreimbursable and 
                nonreturnable to the United States.
          (7) Reauthorization of the fisheries restoration and 
        irrigation mitigation act of 2000.--
                  (A) Section 10(a) of the Fisheries 
                Restoration and Irrigation Mitigation Act of 
                2000 (16 U.S.C. 777 note; Public Law 106-502) 
                is amended by striking ``$25 million for each 
                of fiscal years 2009 through 2015'' and 
                inserting ``$15 million through 2021''; and
                  (B) Section 2 of the Fisheries Restoration 
                and Irrigation Mitigation Act of 2000 (16 
                U.S.C. 777 note; Public Law 106-502) is amended 
                by striking ``Montana, and Idaho'' and 
                inserting ``Montana, Idaho, and California''.
  (c) Actions to Benefit Refuges.--
          (1) In general.--In addition to funding under section 
        3407 of the Central Valley Project Improvement Act 
        (Public Law 102-575; 106 Stat. 4726), there is 
        authorized to be appropriated to the Secretary of the 
        Interior $2,000,000 for each of fiscal years 2017 
        through 2021 for the acceleration and completion of 
        water infrastructure and conveyance facilities 
        necessary to achieve full water deliveries to Central 
        Valley wildlife refuges and habitat areas pursuant to 
        section 3406(d) of that Act (Public Law 102-575; 106 
        Stat. 4722).
          (2) Cost Sharing.--
                  (A) Federal share.--The Federal share of the 
                cost of carrying out an activity described in 
                this section shall be not more than 50 percent.
                  (B) Non-federal share.--The non-Federal share 
                of the cost of carrying out an activity 
                described in this section--
                          (i) shall be not less than 50 
                        percent; and
                          (ii) may be provided in cash or in 
                        kind.
  (d) Non-Federal Program to Protect Native Anadromous Fish in 
Stanislaus River.--
          (1) Definition of district.--In this section, the 
        term ``district'' means--
                  (A) the Oakdale Irrigation District of the 
                State of California; and
                  (B) the South San Joaquin Irrigation District 
                of the State of California.
          (2) Establishment.--The Secretary of Commerce, acting 
        through the Assistant Administrator of the National 
        Marine Fisheries Service, and the districts shall 
        jointly establish and conduct a nonnative predator 
        research and pilot fish removal program to study the 
        effects of removing from the Stanislaus River--
                  (A) nonnative striped bass, smallmouth bass, 
                largemouth bass, black bass; and
                  (B) other nonnative predator fish species.
          (3) Requirements.--The program under this section 
        shall--
                  (A) be scientifically based, with research 
                questions determined jointly by--
                          (i) National Marine Fisheries Service 
                        scientists; and
                          (ii) technical experts of the 
                        districts;
                  (B) include methods to quantify by, among 
                other things, evaluating the number of juvenile 
                anadromous fish that migrate past the rotary 
                screw trap located at Caswell--
                          (i) the number and size of predator 
                        fish removed each year; and
                          (ii) the impact of the removal on--
                                  (I) the overall abundance of 
                                predator fish in the Stanislaus 
                                River; and
                                  (II) the populations of 
                                juvenile anadromous fish in the 
                                Stanislaus River;
                  (C) among other methods, consider using wire 
                fyke trapping, portable resistance board weirs, 
                and boat electrofishing; and
                  (D) be implemented as quickly as practicable 
                after the date of issuance of all necessary 
                scientific research permits.
          (4) Management.--The management of the program shall 
        be the joint responsibility of the Assistant 
        Administrator and the districts, which shall--
                  (A) work collaboratively to ensure the 
                performance of the program; and
                  (B) discuss and agree on, among other 
                things--
                          (i) qualified scientists to lead the 
                        program;
                          (ii) research questions;
                          (iii) experimental design;
                          (iv) changes in the structure, 
                        management, personnel, techniques, 
                        strategy, data collection and access, 
                        reporting, and conduct of the program; 
                        and
                          (v) the need for independent peer 
                        review.
          (5) Conduct.--
                  (A) In general.--For each applicable calendar 
                year, the districts, on agreement of the 
                Assistant Administrator, may elect to conduct 
                the program under this section using--
                          (i) the personnel of the Assistant 
                        Administrator or districts;
                          (ii) qualified private contractors 
                        hired by the districts;
                          (iii) personnel of, on loan to, or 
                        otherwise assigned to the National 
                        Marine Fisheries Service; or
                          (iv) a combination of the individuals 
                        described in clauses (i) through (iii).
                  (B) Participation by national marine 
                fisheries service.--
                          (i) In general.--If the districts 
                        elect to conduct the program using 
                        district personnel or qualified private 
                        contractors hired under clause (i) or 
                        (ii) of subparagraph (A), the Assistant 
                        Administrator may assign an employee 
                        of, on loan to, or otherwise assigned 
                        to the National Marine Fisheries 
                        Service, to be present for all 
                        activities performed in the field to 
                        ensure compliance with paragraph (4).
                          (ii) Costs.--The districts shall pay 
                        the cost of participation by the 
                        employee under clause (i), in 
                        accordance with paragraph (6).
                  (C) Timing of election.--The districts shall 
                notify the Assistant Administrator of an 
                election under subparagraph (A) by not later 
                than October 15 of the calendar year preceding 
                the calendar year for which the election 
                applies.
          (6) Funding.--
                  (A) In general.--The districts shall be 
                responsible for 100 percent of the cost of the 
                program.
                  (B) Contributed funds.--The Secretary of 
                Commerce may accept and use contributions of 
                funds from the districts to carry out 
                activities under the program.
                  (C) Estimation of cost.--
                          (i) In general.--Not later than 
                        December 1 of each year of the program, 
                        the Secretary of Commerce shall submit 
                        to the districts an estimate of the 
                        cost to be incurred by the National 
                        Marine Fisheries Service for the 
                        program during the following calendar 
                        year, if any, including the cost of any 
                        data collection and posting under 
                        paragraph (7).
                          (ii) Failure to fund.--If an amount 
                        equal to the estimate of the Secretary 
                        of Commerce is not provided through 
                        contributions pursuant to subparagraph 
                        (B) before December 31 of that calendar 
                        year--
                                  (I) the Secretary shall have 
                                no obligation to conduct the 
                                program activities otherwise 
                                scheduled for the following 
                                calendar year until the amount 
                                is contributed by the 
                                districts; and
                                  (II) the districts may not 
                                conduct any aspect of the 
                                program until the amount is 
                                contributed by the districts.
                  (D) Accounting.--
                          (i) In general.--Not later than 
                        September 1 of each year, the Secretary 
                        of Commerce shall provide to the 
                        districts an accounting of the costs 
                        incurred by the Secretary for the 
                        program during the preceding calendar 
                        year.
                          (ii) Excess amounts.--If the amount 
                        contributed by the districts pursuant 
                        to subparagraph (B) for a calendar year 
                        was greater than the costs incurred by 
                        the Secretary of Commerce during that 
                        year, the Secretary shall--
                                  (I) apply the excess amounts 
                                to the cost of activities to be 
                                performed by the Secretary 
                                under the program, if any, 
                                during the following calendar 
                                year; or
                                  (II) if no such activities 
                                are to be performed, repay the 
                                excess amounts to the 
                                districts.
          (7) Publication and evaluation of data.--
                  (A) In general.--All data generated through 
                the program, including by any private 
                consultants, shall be routinely provided to the 
                Assistant Administrator.
                  (B) Internet.--Not later than the 15th day of 
                each month of the program, the Assistant 
                Administrator shall publish on the Internet 
                website of the National Marine Fisheries 
                Service a tabular summary of the raw data 
                collected under the program during the 
                preceding month.
                  (C) Report.--On completion of the program, 
                the Assistant Administrator shall prepare a 
                final report evaluating the effectiveness of 
                the program, including recommendations for 
                future research and removal work.
          (8) Consistency with law.--
                  (A) In general.--The programs in this section 
                and subsection (e) are found to be consistent 
                with the requirements of the Central Valley 
                Project Improvement Act (Public Law 102-575; 
                106 Stat. 4706).
                  (B) Limitation.--No provision, plan, or 
                definition under that Act, including section 
                3406(b)(1) of that Act (Public Law 102-575; 106 
                Stat. 4714), shall be used--
                          (i) to prohibit the implementation of 
                        the programs in this subsection and 
                        subsection (e); or
                          (ii) to prevent the accomplishment of 
                        the goals of the programs.
  (e) Pilot Projects to Implement CALFED Invasive Species 
Program.--
          (1) In general.--Not later than January 1, 2018, the 
        Secretary of the Interior, in collaboration with the 
        Secretary of Commerce, the Director of the California 
        Department of Fish and Wildlife, and other relevant 
        agencies and interested parties, shall establish and 
        carry out pilot projects to implement the invasive 
        species control program under section 103(d)(6)(A)(iv) 
        of Public Law 108-361 (118 Stat. 1690).
          (2) Requirements.--The pilot projects under this 
        section shall--
                  (A) seek to reduce invasive aquatic 
                vegetation (such as water hyacinth), predators, 
                and other competitors that contribute to the 
                decline of native listed pelagic and anadromous 
                species that occupy the Sacramento and San 
                Joaquin Rivers and their tributaries and the 
                Delta; and
                  (B) remove, reduce, or control the effects of 
                species including Asiatic clams, silversides, 
                gobies, Brazilian water weed, largemouth bass, 
                smallmouth bass, striped bass, crappie, 
                bluegill, white and channel catfish, zebra and 
                quagga mussels, and brown bullheads.
          (3) Emergency environmental reviews.--To expedite 
        environmentally beneficial programs in this subtitle 
        for the conservation of threatened and endangered 
        species, the Secretaries of the Interior and Commerce 
        shall consult with the Council on Environmental Quality 
        in accordance with section 1506.11 of title 40, Code of 
        Federal Regulations (or successor regulations), to 
        develop alternative arrangements to comply with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) for those programs.
  (f) Collaborative Processes.--Notwithstanding the Federal 
Advisory Committee Act (5 U.S.C. App.) and applicable Federal 
acquisitions and contracting authorities, the Secretaries of 
the Interior and Commerce may use the collaborative processes 
under the Collaborative Science Adaptive Management Program to 
enter into contracts with specific individuals or organizations 
directly or in conjunction with appropriate State agencies.
  (g) The ``Save Our Salmon Act''.--
          (1) Treatment of striped bass.--
                  (A) Anadromous fish.--Section 3403(a) of the 
                Central Valley Project Improvement Act (title 
                XXXIV of Public Law 102-575) is amended by 
                striking ``striped bass,'' after ``stocks of 
                salmon (including steelhead),''.
                  (B) Fish and wildlife restoration 
                activities.--Section 3406(b) of the Central 
                Valley Project Improvement Act (title XXXIV of 
                Public Law 102-575) is amended by--
                          (i) striking paragraphs (14) and 
                        (18);
                          (ii) redesignating paragraphs (15) 
                        through (17) as paragraphs (14) through 
                        (16), respectively; and
                          (iii) redesignating paragraphs (19) 
                        through (23) as paragraphs (17) through 
                        (21), respectively.
          (2) Conforming changes.--Section 3407(a) of the 
        Central Valley Project Improvement Act (title XXXIV of 
        Public Law 102-575) is amended by striking ``(10)-(18), 
        and (20)-(22)'' and inserting ``(10)-(16), and (18)-
        (20)''.

           *       *       *       *       *       *       *


SEC. 4013. DURATION.

  This subtitle shall expire on the date that is 5 years after 
the date of its enactment, with the exception of--
          (1) [section 4004, which shall expire 10 years after 
        the date of its enactment;] section 4004, which shall 
        expire on December 16, 2033; [and]
          (2) section 4007, which (except as provided in 
        paragraph (3)), shall expire on December 31, 2028; and
          [(2)] (3) projects under construction in sections 
        4007, 4009(a), and 4009(c).

           *       *       *       *       *       *       *

                              ----------                              


                 INFRASTRUCTURE INVESTMENT AND JOBS ACT



           *       *       *       *       *       *       *
DIVISION D--ENERGY

           *       *       *       *       *       *       *


TITLE IX--WESTERN WATER INFRASTRUCTURE

           *       *       *       *       *       *       *


SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE 
                    PROJECTS.

  (a) Eligibility for Funding.--
          (1) Feasibility studies.--
                  (A) In general.--A feasibility study shall 
                only be eligible for funding under section 
                40901(1) if--
                          (i) the feasibility study has been 
                        authorized by an Act of Congress before 
                        the date of enactment of this Act;
                          (ii) Congress has approved funding 
                        for the feasibility study in accordance 
                        with section 4007 of the Water 
                        Infrastructure Improvements for the 
                        Nation Act (43 U.S.C. 390b note; Public 
                        Law 114-322) before the date of 
                        enactment of this Act; or
                          (iii) the feasibility study is 
                        authorized under subparagraph (B).
                  (B) Feasibility study authorizations.--The 
                Secretary may carry out feasibility studies for 
                the following projects:
                          (i) The Verde Reservoirs Sediment 
                        Mitigation Project in the State of 
                        Arizona.
                          (ii) The Tualatin River Basin Project 
                        in the State of Oregon.
          (2) Construction.--A project shall only be eligible 
        for construction funding under section 40901(1) if--
                  (A) an Act of Congress enacted before the 
                date of enactment of this Act authorizes 
                construction of the project;
                  (B) Congress has approved funding for 
                construction of the project in accordance with 
                section 4007 of the Water Infrastructure 
                Improvements for the Nation Act (43 U.S.C. 390b 
                note; Public Law 114-322) before the date of 
                enactment of [this Act, except for any project 
                for which--] this Act; or
                          [(i) Congress did not approve the 
                        recommendation of the Secretary for 
                        funding under subsection (h)(2) of that 
                        section for at least 1 fiscal year 
                        before the date of enactment of this 
                        Act; or
                          [(ii) State funding for the project 
                        was rescinded by the State before the 
                        date of enactment of this Act; or]
                  (C)(i) Congress has authorized or approved 
                funding for a feasibility study for the project 
                in accordance with clause (i) or (ii) of 
                paragraph (1)(A) [(except that projects 
                described in clauses (i) and (ii) of 
                subparagraph (B) shall not be eligible)]; and
                          (ii) on completion of the feasibility 
                        study for the project, the Secretary--
                                  (I) finds the project to be 
                                technically and financially 
                                feasible in accordance with the 
                                reclamation laws;
                                  (II) determines that 
                                sufficient non-Federal funding 
                                is available for the non-
                                Federal cost share of the 
                                project; and
                                  (III)(aa) finds the project 
                                to be in the public interest; 
                                and
                                          (bb) recommends the 
                                        project for 
                                        construction.
  (b) Cost-sharing Requirement.--
          (1) In general.--The Federal share--
                  (A) for a project authorized by an Act of 
                Congress shall be determined in accordance with 
                that Act;
                  (B) for a project approved by Congress in 
                accordance with section 4007 of the Water 
                Infrastructure Improvements for the Nation Act 
                (43 U.S.C. 390b note; Public Law 114-322) 
                (including construction resulting from a 
                feasibility study authorized under that Act) 
                shall be as provided in that Act; and
                  (C) for a project not described in 
                subparagraph (A) or (B)--
                          (i) in the case of a federally owned 
                        project, shall not exceed 50 percent of 
                        the total cost of the project; and
                          (ii) in the case of a non-Federal 
                        project, shall not exceed 25 percent of 
                        the total cost of the project.
          (2) Federal benefits.--Before funding a project under 
        this section, the Secretary shall determine that, in 
        return for the Federal investment in the project, at 
        least a proportionate share of the benefits are Federal 
        benefits.
          (3) Reimbursability.--The reimbursability of Federal 
        funding of projects under this section shall be in 
        accordance with the reclamation laws.
  (c) Environmental Laws.--In providing funding for a project 
under this section, the Secretary shall comply with all 
applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

           *       *       *       *       *       *       *


                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1)(B) 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:


                              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: Title 17 Innovative Technology        $150,000,000
 Loan Guarantee Program..............................
Department of Energy: Assistance for Latest and Zero      $1,000,000,000
 Building Energy Code Adoption.......................
Department of Energy: High-Efficiency Electric Home       $4,500,000,000
 Rebate Program......................................
Department of Energy: State-Based Home Energy               $200,000,000
 Efficiency Contractor Training Grants...............
------------------------------------------------------------------------

   BUDGETARY IMPACT OF THE FY 2024 ENERGY AND WATER DEVELOPMENT AND 
 RELATED AGENCIES APPROPRIATIONS ACT PREPARED IN CONSULTATION WITH THE 
     CONGRESSIONAL BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE 
                    CONGRESSIONAL BUDGET ACT OF 1974

                        [In millions of dollars]


                   COMPARISON WITH BUDGET RESOLUTION

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

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                         302(b) Allocation                   This Bill
                                                 ---------------------------------------------------------------
                                                      Budget                          Budget
                                                     Authority        Outlays        Authority        Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
 allocations to its subcommittees: Subcommittee
 on Energy and Water Development and Related
 Agencies
    Discretionary...............................          52,378          63,218         152,378          63,218
    Mandatory...................................               0               0               0              10
----------------------------------------------------------------------------------------------------------------
1Includes outlays from prior-year budget authority.

                      FIVE-YEAR OUTLAY PROJECTIONS

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(B) of the Congressional Budget Act of 1974, the 
following table contains five-year projections associated with 
the budget authority provided in the accompanying bill as 
provided to the Committee by the Congressional Budget Office.

                        [In millions of dollars]
------------------------------------------------------------------------
                                                       Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
 recommendation:
    2024..................................                       125,924
    2025..................................                        18,943
    2026..................................                         6,906
    2027..................................                           532
    2028 and future years.................                           -92
------------------------------------------------------------------------
1Excludes outlays from prior-year budget authority.

          FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(C) of the Congressional Budget Act of 1974, 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             1228               0
 governments for 2024...................
------------------------------------------------------------------------
1Excludes outlays from prior-year budget authority.

                           Committee Hearings

    For the purposes of cl. 3(c)(6) of rule XIII--
    The following hearings were used to develop or consider the 
Energy and Water Development and Related Agencies 
Appropriations Act, 2024:
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 23, 2023, 
entitled ``FY 2024 Budget Request for the Department of 
Energy.'' The Subcommittee received testimony from:
          The Honorable Jennifer M. Granholm, Secretary, U.S. 
        Department of Energy
    The Subcommittee on Energy and Water Development and 
Related Agencies held a budget hearing on March 29, 2023, 
entitled ``FY 2024 Budget Request for the U.S. Army Corps of 
Engineers and Bureau of Reclamation.'' The Subcommittee 
received testimony from:
          The Honorable Michael L. Connor, Assistant Secretary 
        of the Army for Civil Works
          Lieutenant General Scott A. Spellmon, Chief of 
        Engineers and Commanding General, U.S. Army Corps of 
        Engineers
          The Honorable Camille Calimlim Touton, Commissioner, 
        Bureau of Reclamation
    The Subcommittee on Energy and Water Development and 
Related Agencies held a Member Day Hearing on March 28, 2023. 
The Subcommittee received testimony from:
          The Honorable Brian Mast, Member of Congress
          The Honorable Zoe Lofgren, Member of Congress
          The Honorable Dina Titus, Member of Congress
    The Subcommittee on Energy and Water Development and 
Related Agencies received written testimony from public 
witnesses. The Subcommittee received testimony from:
          Aaron Chavez, Executive Director, San Juan Water 
        Commission
          Abigail Ortega, General Manager, Infrastructure and 
        Resource Planning
          Adel Hagekhalil, General Manager, The Metropolitan 
        Water District of Southern California
          Alexander Ratner, Federal Policy Manager, American 
        Council for an Energy-Efficient Economy
          Allen Segal, Chief Advocacy Officer, American Society 
        for Microbiology
          Andrew Mueller, General Manager, Colorado River Water 
        Conservation District
          April Snell, Executive Director, Oregon Water 
        Resources Congress
          Ashleigh Weeks, General Manager, Fort Peck 
        Reservation Rural Water System
          Bart Miller, Healthy Rivers Program Director, Western 
        Resource Advocates
    Brandon Gebhart, Engineer, Wyoming State Engineer's Office
    Brenda Burman, General Manager, Central Arizona Water 
Conservation District
    Chad Berginnis, Executive Director, Association of State 
Floodplain Managers
    Chane Polo, Deputy Director, Colorado Water Congress
    Christopher S. Harris, Executive Director, Colorado River 
Board of California
    Craig H. Piercy, Executive Director and CEO, American 
Nuclear Society
    Crispin Taylor, CEO, American Society of Plant Biologists
    Chuck Jacobs, Distribution System Director, Oglala Sioux 
Rural Water Supply System
    Dane Farrell, Director, Government Affairs, Federal 
Performance Contracting Coalition
    David Terry, Executive Director, National Association of 
State Energy Officials
    Don A. Barnett, Executive Director, Colorado River Basin 
Salinity Control Forum
    Ellen Kuo, Associate Director, Legislative Affairs, 
Federation of American Societies for Experimental Biology
    Frank Wolak, President and CEO, Fuel Cell and Hydrogen 
Energy Association
    Genevieve Cullen, President, Electric Drive Transportation 
Association
    Gil Jenkins, Vice President of Corporate Communications and 
Public Affairs, Hannon Armstrong Sustainable Infrastructure 
Capital
    Greg Fogel, Director of Government Affairs and Policy, 
WateReuse Association
    Howard A. Learner, Executive Director, Environmental Law 
and Policy Center
    Jack Waldorf, Executive Director, Western Governors' 
Association
    James M. Haussener, Executive Director, California Marine 
Affairs and Navigation Conference
    Jim McCauley, Manager, Lower Brule Sioux Rural Water System
    Jimmy Hague, Senior Water Policy Advisor, The Nature 
Conservancy
    Kasey Velasquez, Chairman, White Mountain Apache Tribe
    Katrina McMurrian, Executive Director, Nuclear Waste 
Strategy Coalition
    Kyle Whitaker, Colorado River Programs Manager, Municipal 
Subdistrict, Northern Colorado Water Conservancy District
    Larry W. Clever, General Manager, Ute Water Conservancy 
District
    Larry Zarker, CEO, Building Performance Institute
    Lisa Jacobson, President, Business Council for Sustainable 
Energy
    Malcolm Woolf, President and CEO, National Hydropower 
Association
    Maria Korsnick, President and CEO, Nuclear Energy Institute
    Marshall P. Brown, General Manager, Aurora Water
    Melvin J. Baker, Chairman, Southern Ute Indian Tribe
    Michael Bindner, Principal Investigator, The Center for 
Fiscal Equity
    Michael Johnson, Advocacy Associate, Appliance Standards 
Awareness Project
    Mike Hamman, P.E., New Mexico State Engineer, State of New 
Mexico
    Mike Berry, General Manager, Tri-County Water Conservancy 
District
    Pat Stanton, Executive Director, E4TheFuture
    Ron Blacksmith, Core System Manager, Oglala Sioux Rural 
Water Supply System
    Ron Suppah, Chairman, Columbia River Inter-Tribal Fish 
Commission
    Sean Bradshaw, Chairman, Gas Turbine Association
    Seth J. Clayton, Executive Director, Board of Water Works 
Pueblo, Colorado
    Shannon Angielski, Executive Director, Carbon Utilization 
Research Council and President, Clean Hydrogen Future Coalition
    Sherry Parker, Chairwoman, Hualapai Tribe of Arizona Dr. 
Stephen Bodner, Former Head of Laser Fusion Research, Naval 
Research Laboratory
    Steve Tambini, Executive Director, Delaware River Basin 
Commission
    Steve Wolff, General Manager, Southwestern Water 
Conservation District
    Dr. Sven Leyffer, President, Society for Industrial and 
Applied Mathematics
    Tina Bergonzini, General Manager, Grand Valley Water Users 
Association
    Travis Bray, Interagency Project Manager, Denver Water
    Trish DelloIocano, Federal Policy Director, CALSTART EV 
Battery Initiative
    Ty Jones, District Manager, Clifton Water District
    Vincent Barnes, Senior Vice President Policy, Research, and 
Analysis, Alliance to Save Energy
    Young Colombe, Manager, Rosebud Sioux Rural Water System
    
    

                             MINORITY VIEWS

    Due to concerns about spending levels, harmful rescissions, 
and partisan policy riders, we are unable to support the bill 
as written. Our goals for the fiscal year 2024 Energy and Water 
bill are to lower energy bills for families, create jobs by 
growing and supporting a robust manufacturing sector, promote 
American energy independence in perpetuity, and out-compete the 
Chinese Communist Party. The bill does the opposite.
    Despite recently passing the Fiscal Responsibility Act of 
2023, a bipartisan debt deal that included a path forward on 
spending levels and a way to get us back to regular order, the 
Majority has chosen to turn their back on those promises and 
proceed with a partisan bill. The Majority's bill has no chance 
to become law as it is written now.
    Our nation is producing historic job creation, with more 
people working, and generating more revenues to pay down the 
debt. Reducing the deficit and debt cannot be solved by cutting 
into the sinew of the nation by underfunding key federal 
stimulus programs and stalling economic growth. Reducing the 
federal deficit can be achieved by robust economic growth and 
job creation. Unfortunately, the proposed cuts by the Majority 
would take us in the opposite direction.
    In particular, the nondefense allocation in this bill is 
$5.4 billion, or 22 percent, lower than last year's effective 
level. Specifically, the bill cuts the Department of Energy's 
Energy Efficiency and Renewable Energy account by $466 million. 
That imperils our nation's imperative to become energy 
independent here at home in perpetuity. In addition, the bill 
repeals over $5 billion for critical energy programs from the 
Inflation Reduction Act that would have helped American 
families save money on their monthly energy bills.
    Shortchanging these programs pushes our nation backwards--
failing to modernize our nation's electric grids, failing to 
advance innovation relative to our global competitors in 
materials and manufacturing, and failing to build domestic end-
to-end supply chains for jobs in America's new energy economy. 
We must be innovative, creative, and aggressive in fighting for 
a clean energy future to make America resilient in the face of 
climate change. At a time marked by extreme weather events and 
an increasing occurrence of natural disasters, this bill 
endangers efforts to address the climate crisis. The bill 
specifically targets programs to assess the impacts of climate 
change and to identify ways to advance resilience to climate 
change. We cannot ignore the clear evidence and impacts of 
climate change; we have no choice but to transform our energy 
and water sectors to reflect our climate reality.
    We know an adequate and safe water supply is necessary for 
the health, economy, and security of our nation. While 2023 has 
been a wetter year in the context of the megadrought that has 
gripped the western states for multiple decades, those states 
are still reporting some degree of drought. That is why we are 
concerned this bill provides only $88 million for the 
WaterSMART program, a reduction of $98 million, 53 percent 
lower than last year's enacted level. Through WaterSMART, the 
Bureau of Reclamation works cooperatively with states, tribes, 
and local entities to conserve our water supply and enhance the 
resilience of the West to drought and climate change. At a time 
when scientists are projecting we may be heading to a drier 
future, it is unacceptable that we would not invest in programs 
that allow us to be better stewards of our planet and natural 
resources for future generations.
    In other areas of this bill, we continue to be troubled by 
the unsustainable spending in the National Nuclear Security 
Administration's weapons program. While we agree with the 
Majority on the need to improve program and project management, 
we must also face future funding realities and begin making 
important decisions to prioritize within this program. Further, 
we are concerned how this bill cuts nuclear nonproliferation 
programs that reduce nuclear risks and counter the global 
challenge of nuclear proliferation.
    Additionally, the bill includes numerous controversial 
poison pill policy riders that demonstrate the Majority is not 
interested in bills that can gain bipartisan support and become 
law. The bill allows firearms on Corps of Engineers' lands; 
includes a new title of controversial California water 
provisions that mandates the use of environmentally harmful 
water management plans and advances controversial California 
dam proposals; prohibits funding related to critical race 
theory; prohibits funding related to diversity, equity, 
inclusion, and accessibility in the federal workforce; 
prohibits funding related to advancing racial equity and 
support for underserved communities; and could even allow for 
discrimination based on same-sex marriage. Additional 
concerning riders include blocking energy efficiency standards, 
prohibiting the Corps of Engineers from renaming items that 
commemorate the Confederacy, and funding prohibitions with 
unintended programmatic implications. Furthermore, the bill 
omits several provisions that are necessary for the Bureau of 
Reclamation to execute the funds provided in the bill.
    Finally, we are disappointed that working on this bill has 
highlighted how the Majority seems to have forgotten the 
traditions, comity, and long-standing norms that have governed 
the processes of this Committee. We await the day when level 
heads prevail, and we no longer are on a path to gridlock but 
can return to our legislative process with discipline, 
openness, and regular order. We must come together--Democrats 
and Republicans--to put forward a credible Energy and Water 
bill to advance our shared priorities into law.
                                   Rosa L. DeLauro.
                                   Marcy Kaptur.

                                  [all]