★ 30–132 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–697 

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS 

BILL, 2019 

MAY 21, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SIMPSON, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 5895] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for energy and water development for the fiscal year ending September 

30, 2019, and for other purposes. 

INDEX TO BILL AND REPORT 

Page Number 

Bill Report 

Introduction ................................................................................................ ........ 5 

I. Department of Defense—Civil: 2 10 

Corps of Engineers—Civil .................................................................. 2 10 

Investigations ............................................................................... 2 18 

Construction ................................................................................. 3 23 

Mississippi River and Tributaries .............................................. 4 31 

Operation and Maintenance ....................................................... 5 34 

Regulatory Program ..................................................................... 6 58 

Formerly Utilized Sites Remedial Action Program ................... 7 59 

Flood Control and Coastal Emergencies .................................... 7 59 

Expenses ....................................................................................... 7 60 

Office of the Assistant Secretary of the Army (Civil Works) 8 61 

General Provisions .............................................................................. 9 61 

II. Department of the Interior: 13 62 

Central Utah Project ........................................................................... 13 62 

Central Utah Project Completion Account ................................ 13 62 

Bureau of Reclamation: 14 62 

Water and Related Resources ..................................................... 14 64 

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Page Number 

Bill Report 

Central Valley Project Restoration Fund ................................... 15 75 

California Bay-Delta Restoration ............................................... 16 76 

Policy and Administration .......................................................... 16 76 

General Provisions .............................................................................. 17 77 

III. Department of Energy: 21 77 

Introduction ......................................................................................... ........ 77 

Committee Recommendations ............................................................ ........ 82 

Energy Programs: 21 82 

Energy Efficiency and Renewable Energy ................................. 21 82 

Cybersecurity, Energy Security, and Emergency Response ..... 21 88 

Electricity Delivery ...................................................................... 21 89 

Nuclear Energy ............................................................................ 22 91 

Fossil Energy Research and Development ................................. 23 93 

Naval Petroleum and Oil Shale Reserves .................................. 24 96 

Strategic Petroleum Reserve ....................................................... 24 96 

SPR Petroleum Account .............................................................. 25 97 

Northeast Home Heating Oil Reserve ........................................ 25 97 

Energy Information Administration ........................................... 25 97 

Non-Defense Environmental Cleanup ........................................ 25 98 

Uranium Enrichment Decontamination and Decommissioning 

Fund .......................................................................................... 26 98 

Science .......................................................................................... 26 98 

Nuclear Waste Disposal .............................................................. 27 102 

Advanced Research Projects Agency—Energy ........................... 29 103 

Title 17 Innovative Technology Loan Guarantee Program ...... 30 103 

Advanced Technology Vehicles Manufacturing Loan Program 31 104 

Tribal Energy Loan Guarantee Program ................................... 31 104 

Departmental Administration ..................................................... 31 104 

Office of the Inspector General ................................................... 32 106 

Atomic Energy Defense Activities: 32 106 

National Nuclear Security Administration: 32 106 

Weapons Activities ....................................................................... 32 107 

Defense Nuclear Nonproliferation .............................................. 33 113 

Naval Reactors ............................................................................. 33 115 

Federal Salaries and Expenses ................................................... 34 116 

Environmental and Other Defense Activities ................................... 34 116 

Defense Environmental Cleanup ................................................ 34 116 

Other Defense Activities ............................................................. 35 119 

Defense Nuclear Waste Disposal ................................................ 35 119 

Power Marketing Administrations: 36 119 

Bonneville Power Administration ............................................... 36 120 

Southeastern Power Administration .......................................... 36 121 

Southwestern Power Administration ......................................... 36 121 

Western Area Power Administration ......................................... 39 121 

Falcon and Amistad Operating and Maintenance Fund .......... 40 122 

Federal Energy Regulatory Commission ........................................... 42 122 

Committee Recommendation .............................................................. ........ 123 

General Provisions .............................................................................. 43 158 

IV. Independent Agencies: 51 159 

Appalachian Regional Commission ................................................... 51 159 

Defense Nuclear Facilities Safety Board ........................................... 52 159 

Delta Regional Authority ................................................................... 52 160 

Denali Commission ............................................................................. 52 160 

Northern Border Regional Commission ............................................ 53 160 

Southeast Crescent Regional Commission ........................................ 54 161 

Nuclear Regulatory Commission ....................................................... 55 161 

Nuclear Waste Technical Review Board ........................................... 56 164 

General Provisions .............................................................................. 56 164 

V. General Provisions 58 165 

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Page Number 

Bill Report 

House of Representatives Report Requirements ..................................... ........ 165 

Minority Views ........................................................................................... ........ 195 

SUMMARY OF ESTIMATES AND RECOMMENDATIONS

The Committee has considered budget estimates, which are contained in the Budget of the United States Government, Fiscal Year 

2019. The following table summarizes appropriations for fiscal year 

2018, the budget estimates, and amounts recommended in the bill 

for fiscal year 2019. 

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Insert graphic folio 01 28042A.001
5 

INTRODUCTION 

The Energy and Water Development Appropriations bill for fiscal 

year 2019 totals $44,700,000,000, $1,500,000,000 above the amount 

appropriated in fiscal year 2018 and $8,173,568,000 above the 

budget request. Total defense funding is $22,300,000,000, 

$500,000,000 above the amount appropriated in fiscal year 2018 

and $408,100,000 above the budget request. Total non-defense 

funding is $22,400,000,000, $1,000,000,000 above the amount appropriated in fiscal year 2018 and $7,765,468,000 above the budget 

request. 

Title I of the bill provides $7,278,000,000 for the Civil Works programs of the U.S. Army Corps of Engineers, $451,000,000 above 

fiscal year 2018 and $2,493,417,000 above the budget request. 

Total funding for activities eligible for reimbursement from the 

Harbor Maintenance Trust Fund is estimated at $1,600,000,000, 

which is an increase of $200,000,000 above fiscal year 2018 and 

$635,000,000 above the budget request. The bill makes use of all 

estimated annual revenues from the Inland Waterways Trust 

Fund. 

Title II provides $1,555,000,000 for the Department of the Interior and the Bureau of Reclamation, $75,000,000 above fiscal year 

2018 and $497,992,000 above the budget request. The Committee 

recommends $1,540,000,000 for the Bureau of Reclamation, 

$70,500,000 above fiscal year 2018 and $492,975,000 above the 

budget request. The Committee recommends $15,000,000 for the 

Central Utah Project, $4,500,000 above fiscal year 2018 and 

$7,017,000 above the budget request. 

Title III provides $35,494,251,000 for the Department of Energy, 

$974,202,000 above fiscal year 2018 and $5,348,180,000 above the 

budget request. Funding for the National Nuclear Security Administration (NNSA), which includes nuclear weapons activities, defense nuclear nonproliferation, naval reactors, and federal salaries 

and expenses, is $15,313,147,000, $644,195,000 above fiscal year 

2018 and $222,097,000 above the budget request. 

Funding for energy programs within the Department of Energy, 

which includes basic science research and the applied energy programs, is $13,421,584,000, $503,535,000 above fiscal year 2018 and 

$4,909,080,000 above the budget request. 

Environmental management activities—non-defense environmental cleanup, uranium enrichment decontamination and decommissioning, and defense environmental cleanup—are funded at 

$6,869,220,000, $257,228,000 below fiscal year 2018 and 

$267,854,000 above the budget request. 

The net amount appropriated for the Power Marketing Administrations is provided at the requested levels. 

Title IV provides $423,757,000 for several Independent Agencies, 

$32,302,000 above fiscal year 2018 and $70,979,000 above the 

budget request. Net funding for the Nuclear Regulatory Commission is $191,664,000, $60,059,000 above fiscal year 2018 and 

$36,379,000 above the budget request. 

OVERVIEW OF THE RECOMMENDATION

The Committee recommendation prioritizes the most critical inherently federal responsibilities of this bill: the national defense, 

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the maintenance of our nation’s waterways, and ensuring the resilience and security of our electricity infrastructure. Strong support 

is included for basic science programs, which provide the foundation for the new energy technologies that are vital to maintaining 

our global competitiveness and ensuring our country’s long-term 

prosperity, but that are often too high-risk to receive the attention 

of the private sector. The recommendation provides targeted resources for applied energy research and development activities to 

improve and extend the performance of existing energy sources and 

accelerate the adoption of new technologies. The recommendation 

also recognizes the importance of the federal government’s responsibility to dispose of nuclear waste and clean up the legacy of five 

decades of nuclear weapons production and government-sponsored 

nuclear energy research. 

NATIONAL DEFENSE PROGRAMS

As in previous years, the Committee considers the national defense programs run by the National Nuclear Security Administration (NNSA) to be the Department of Energy’s top priority. The recommendation strongly supports the Department’s proposals to 

modernize the nuclear weapons stockpile, increase investment in 

the NNSA’s infrastructure, prevent the proliferation of nuclear materials, and provide for the needs of the naval nuclear propulsion 

program. 

INVESTMENTS IN INFRASTRUCTURE

The water resource infrastructure funded by the recommendation 

is a critical component of ensuring a robust national economy and 

of supporting American competitiveness in international markets. 

The Corps is responsible for keeping our federal waterways open 

for business. The Corps also has been instrumental in reducing the 

risk of flooding for public safety, businesses, and much of this country’s food-producing lands. The Bureau of Reclamation supplies reliable water to approximately ten percent of the country’s population and to much of its fertile agricultural lands. Both agencies 

make significant contributions to national electricity production 

through hydropower facilities. 

The U.S. marine transportation industry supports 

$2,000,000,000,000 in commerce and creates employment for more 

than 13 million people. As the agency responsible for our nation’s 

federal waterways, the Corps maintains 1,067 harbors and 25,000 

miles of commercial channels serving 40 states. The maintenance 

of these commercial waterways is directly tied to the ability of this 

country to ship its manufactured and bulk products, as well as to 

compete with the ports of neighboring countries for the business of 

ships arriving from around the world. As a primary supporter of 

America’s waterway infrastructure, the Corps is ensuring that the 

nation has the tools to maintain a competitive edge in the global 

market. This recommendation makes key changes to the budget request to ensure that the Corps has the resources to continue to 

support America’s shipping infrastructure. 

The flood protection infrastructure that the Corps builds or 

maintains reduces the risk of flooding to people, businesses, and 

other public infrastructure investments. In fact, the average anVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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nual damages prevented by Corps projects over fiscal years 2007– 

2016 was $67,600,000,000. Between 1928 and 2016, each inflationadjusted dollar invested in these projects prevented $8.91 in damages. The properties and investments protected by the Corps infrastructure would often be flooded without that infrastructure, destroying homes, businesses, and many valuable acres of cropland. 

The Bureau of Reclamation’s water infrastructure is a critical 

component of the agricultural productivity of this country. These 

facilities deliver water to one of every five western farmers resulting in approximately 10 million acres of irrigated land that produces 60 percent of the nation’s vegetables and 25 percent of its 

fruits and nuts. Additionally, these facilities deliver water to more 

than 31 million people for municipal, rural, and industrial uses. 

Without these dams and water supply facilities, American agricultural producers in the West would not be able to access reliable, 

safe water for their families and their businesses and many municipal and industrial users would face critical water shortages. 

The Corps and Reclamation are the nation’s largest and second 

largest producers of hydropower, respectively. Combined these federal hydropower facilities generate approximately 115 billion kilowatt-hours annually. Gross revenues from the sale of this power 

reach nearly $6,000,000,000 annually. 

NATIONAL ENERGY POLICY

The Department of Energy and its National Laboratory system 

have helped to lay the foundation for the technological advances 

driving the energy market today. Production breakthroughs for 

every energy generation source can trace their origins back to research and development supported by the Department. As the energy market continues to change, the Department’s support for research and development in all energy sources remains critical. 

The Committee provides funding in support of an ‘‘all of the 

above’’ energy strategy designed to take advantage and utilize all 

sources of American-made energy. Funding for fossil and nuclear 

sources, which provide 83 percent of all electricity generated in the 

nation, is targeted to ensure the safe and efficient use of the nation’s critical base load energy generation sources. Funding for renewable energy sources, which provide 17 percent of the nation’s 

electricity, supports continued investments in research and development to advance technological innovations. This strategy provides the correct balance to enable full use of our nation’s abundant 

fossil resources while laying the foundation for developing future 

energy sources. 

The success of these innovations depends on a reliable and resilient electric grid infrastructure. The nation’s electric grid was built 

to handle a different energy reality than the one we face today. 

Weather events, cyberattacks, and an increasing diversity of energy 

sources must be addressed to guarantee the continued operation of 

the electric grid. The Committee provides strong support to ensure 

the nation’s electric grid remains secure. 

The Committee continues its long-standing support for the investment of taxpayer funds across the spectrum of all energy technologies. A national energy policy can only be successful if it maintains stability while planning for long-term strategic goals of energy security, independence, and prosperity for the nation. The 

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Committee makes strategic choices, recommending a balanced approach to advancing research and development in all energy technologies and supporting a robust electric grid. 

CONGRESSIONAL DIRECTION

Program, Project, or Activity.—The term ‘‘program, project, or activity’’ shall include the most specific level of budget items identified in the Energy and Water Development and Related Agencies 

Appropriations Act, 2019 and the Committee report accompanying 

this Act. 

Performance Measures.—The Committee directs each of the agencies funded by this Act to comply with title 31 of the United States 

Code, including the development of their organizational priority 

goals and outcomes such as performance outcome measures, output 

measures, efficiency measures, and customer service measures. 

Offsetting Collections.—The Committee directs each of the agencies funded by this Act to continue to report any funds derived by 

the agency from non-federal sources, including user charges and 

fines that are authorized by law, to be retained and used by the 

agency or credited as an offset in annual budget submissions. 

Regional Councils.—The Committee encourages all federal agencies to consider including regional councils and councils of government as eligible entities in competitions for federal funding when 

local governments or non-profit agencies are eligible. 

Digital Accountability and Transparency Act.—The Committee 

supports the requirements of the Digital Accountability and Transparency Act of 2014 as identified in the budget request. 

COMMITTEE OVERSIGHT INITIATIVES

The highest priority mission of any federal agency is to be an effective steward of taxpayer dollars. Any waste, fraud, or abuse of 

taxpayer dollars is unacceptable. The Committee uses hearings, reviews by the Government Accountability Office, the Committee on 

Appropriations’ Surveys and Investigations staff, and its annual 

appropriations Act, including the accompanying report, to promote 

strong oversight of the agencies under its jurisdiction, with an emphasis on the U.S. Army Corps of Engineers, the Bureau of Reclamation, and the Department of Energy. 

The recommendation continues the Committee’s responsibility to 

conduct in-depth oversight into all activities funded in this bill. 

Each agency shall designate a specific point of contact to track each 

report required in the bill and ensure its timely production and delivery. 

A summary of the major oversight efforts in the bill is provided 

below. 

Agency/Account Requirement 

Energy and Water ............................................. Direction on performance measures 

Army Corps of Engineers .................................. Guidance on budget structure 

Army Corps of Engineers .................................. Guidance on apportionment 

Army Corps of Engineers .................................. Direction on Principles and Guidelines 

Army Corps of Engineers .................................. Direction on 2019 work plan submission 

Army Corps of Engineers .................................. Direction on new starts 

Army Corps of Engineers .................................. Direction on work related to Asian Carp 

Army Corps of Engineers/Investigations ........... Guidance on specific studies 

Army Corps of Engineers/Investigations ........... Guidance on allocating additional funding 

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Agency/Account Requirement 

Army Corps of Engineers/Construction ............. Guidance on allocating additional funding 

Army Corps of Engineers/Construction ............. Direction on management of the Continuing Authorities Program 

Army Corps of Engineers/Construction ............. Direction on funding of pilot projects 

Army Corps of Engineers/Mississippi River and 

Tributaries.

Guidance on allocating additional funding 

Army Corps of Engineers/Operation and Maintenance.Guidance on specific projects 

Army Corps of Engineers/Operation and Maintenance.Guidance on allocating additional funding 

Army Corps of Engineers/Operation and Maintenance.Direction on levee safety initiatives 

Army Corps of Engineers/Operation and Maintenance.Briefing on certain nonoperational locks 

Army Corps of Engineers/FUSRAP ..................... Guidance on investigation and study at former Sylvania site 

Army Corps of Engineers/Expenses .................. Direction on alternative financing 

Army Corps of Engineers/General Provisions ... Reprogramming requirements 

Army Corps of Engineers/General Provisions ... Restriction on use of continuing contracts 

Army Corps of Engineers/General Provisions ... Restriction on requiring permits for the discharge of dredged or fill material for certain agricultural activities 

Army Corps of Engineers/General Provisions ... Direction on a rule regarding federal jurisdiction under the Clean Water Act 

Army Corps of Engineers/General Provisions ... Restriction on funding for a new hopper dredge 

Bureau of Reclamation ..................................... Direction on reconsultation activities under the Endangered Species Act 

Bureau of Reclamation/Water and Related Resources.Guidance on allocating additional funding 

Bureau of Reclamation/General Provisions ...... Reprogramming requirements 

Department of Energy ....................................... Guidance on research and development policy 

Department of Energy ....................................... Guidance on Electricity Delivery and Energy Reliability reorganization 

Department of Energy ....................................... Direction on Working Capital Fund 

Department of Energy ....................................... Report on alleviation of poverty 

Department of Energy ....................................... Direction on workplace diversity 

Department of Energy ....................................... Direction on Public Access Plan 

Department of Energy ....................................... GAO investigation of improper payment reporting 

Department of Energy ....................................... Plan for GAO High Risk List removal 

Department of Energy ....................................... Direction on commonly recycled paper 

Department of Energy ....................................... Direction on educational activities 

Department of Energy ....................................... Report on General Plant Projects 

Department of Energy ....................................... Direction on budget requests for General Plant Projects 

Department of Energy ....................................... Direction on reprogrammings and transfers 

Department of Energy/Energy Efficiency .......... Direction on a zero emissions energy credit report 

Department of Energy/Energy Efficiency .......... Guidance on Energy Star 

Department of Energy/Energy Efficiency .......... Report on hyperloop transportation systems 

Department of Energy/Energy Efficiency .......... Direction on the distribution of Weatherization Assistance Program funds 

Department of Energy/Electricity Delivery ........ Report on battery technologies 

Department of Energy/Electricity Delivery ........ Guidance on the Grid Modernization Laboratory Consortium 

Department of Energy/Electricity Delivery ........ Report on transmission congestion management 

Department of Energy/Nuclear .......................... Report on technology use in nuclear waste remediation 

Department of Energy/Fossil ............................. Direction on coal research and development 

Department of Energy/Fossil ............................. Direction on NETL sites 

Department of Energy/Fossil ............................. Report on the Solid Oxide Fuel Cell Program 

Department of Energy/Fossil ............................. Direction on crude oil by rail 

Department of Energy/UED&D .......................... Prohibition on uranium bartering for cleanup 

Department of Energy/Science .......................... Report on SBIR and STTR grants 

Department of Energy/Science .......................... Report on exascale deployment plan 

Department of Energy/Nuclear Waste Disposal Direction on Yucca Mountain licensing process 

Department of Energy/ARPA-E .......................... Direction on disbursement of funds 

Department of Energy/Departmental Administration.Direction on scructure of future budget requests 

Department of Energy/Departmental Administration.Study on available resources 

Department of Energy/Departmental Administration.Direction on radium contamination 

NNSA ................................................................. Prohibition on Institutional Plant Projects 

NNSA ................................................................. Report on certain personnel costs 

NNSA/Weapons .................................................. Guidance on budget requests for new nuclear weapons 

NNSA/Weapons .................................................. Report on plutonium infrastructure 

NNSA/Weapons .................................................. Report on low-yield warhead 

NNSA/Weapons .................................................. Report on comparative warhead program costs 

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Agency/Account Requirement 

NNSA/Weapons .................................................. Direction on MIE project reporting 

NNSA/Weapons .................................................. Direction on full cost recovery for ICF 

NNSA/Weapons .................................................. Direction on budgeting for high performance computing 

NNSA/Weapons .................................................. Direction on incremental facility operating costs 

NNSA/Weapons .................................................. Plan to expedite Mobile Guard Transporter 

NNSA/Nonproliferation ....................................... Direction on new nonproliferation projects in Russia 

NNSA/Nonproliferation ....................................... Direction on nonproliferation R&D budget structure 

NNSA/Nonproliferation ....................................... Prohibition on funding for ATR and HFIR conversion 

NNSA/Federal Salaries ...................................... Direction on personnel and potential consolidation 

Department of Energy/Defense Cleanup ........... Requirement for construction project data sheet submission 

Department of Energy/Defense Cleanup ........... Report on tank waste demonstration project 

Department of Energy/Defense Cleanup ........... Direction on nuclear quality assurance programs 

Department of Energy/Defense Cleanup ........... Direction on resuming construction project activities 

Department of Energy/Defense Cleanup ........... Direction on Waste Treatment Plant budget structure 

Department of Energy/Defense Cleanup ........... Guidance on cost sharing arrangements at Savannah River 

Department of Energy/Defense Cleanup ........... Reporting on security system upgrade project details 

Department of Energy/Other Defense Activities Direction on nuclear facilities seismic research activities 

Department of Energy/Power Marketing Administrations.Guidance on organizational reporting 

Department of Energy/Federal Energy Regulatory Commission.Report on electric transmission system resiliency 

Department of Energy/General Provisions ........ Reprogramming requirements 

Department of Energy/General Provisions ........ Requirement for oversight of high hazard nuclear facilities construction 

Department of Energy/General Provisions ........ Prohibition on funds without independent cost estimates 

Department of Energy/General Provisions ........ Restriction of certain activities in the Russian Federation 

Department of Energy/General Provisions ........ Guidance on Strategic Petroleum Reserve activities 

Department of Energy/General Provisions ........ Prohibition on use of MOX funds and notification requirements 

Department of Energy/General Provisions ........ Requirements for releases from Strategic Petroleum Reserve 

Department of Energy/General Provisions ........ Report on spent nuclear fuel 

Nuclear Regulatory Commission ....................... Guidance on reporting of salaries and expenses 

Nuclear Regulatory Commission ....................... Guidance on regulatory framework 

Nuclear Regulatory Commission ....................... Report on accident tolerant fuel 

Nuclear Regulatory Commission ....................... Report on transition to digital systems 

Nuclear Regulatory Commission ....................... Direction on rulemaking process and activities 

Nuclear Regulatory Commission ....................... Report on licensing goals and right-sizing commitments 

Independent Agencies/General Provisions ........ Requirement for NRC to comply with Congressional requests 

Independent Agencies/General Provisions ........ Reprogramming requirements for the NRC 

General Provisions ............................................ Prohibition on funds to influence congressional action 

General Provisions ............................................ Consolidation of transfer authorities 

General Provisions ............................................ Prohibition of funds in contravention of Executive Order 12898 

General Provisions ............................................ Prohibition of funds for computer networks that don’t block pornography 

General Provisions ............................................ Prohibition of funds to further implement EO 13547 

General Provisions ............................................ Prohibition of funds related to operation of certain hydroelectric dams 

General Provisions ............................................ Prohibition of funds to remove or close federally owned or operated dams 

General Provisions ............................................ Prohibition of funds to close Yucca Mountain application 

TITLE I—CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

INTRODUCTION

The Energy and Water Development Appropriations Act funds 

the Civil Works missions of the Army Corps of Engineers (Corps). 

This program is responsible for activities in support of coastal and 

inland navigation, flood and coastal storm damage reduction, environmental protection and restoration, hydropower, recreation, 

water supply, and disaster preparedness and response. The Corps 

also performs regulatory oversight of navigable waters. Approximately 22,000 civilians and almost 300 military personnel located 

in eight Division offices and 38 District offices work to carry out 

the Civil Works program. 

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BUDGET STRUCTURE CHANGES

The fiscal year 2019 budget request for the Corps of Engineers 

proposed numerous structure changes, including creation of two 

new accounts (Harbor Maintenance Trust Fund and Inland Waterways Trust Fund) and the shifting of a variety of studies and 

projects from one account to another. The Committee rejects all 

such proposed changes and instead funds all activities in the accounts in which funding has traditionally been provided. All 

projects remain at the funding levels included in the budget request, just in different accounts than proposed. In particular: 

• Projects proposed for funding in the Harbor Maintenance 

Trust Fund account in the budget request have been transferred to the Construction, Mississippi River and Tributaries, 

and Operation and Maintenance accounts, as appropriate; 

• Projects proposed for funding in the Inland Waterways 

Trust Fund account in the budget request have been transferred to the Construction account; 

• Dredged material management plans, proposed in the Investigations account in the budget request, have been transferred to the Operation and Maintenance account; 

• Dam safety modification studies, proposed in the Investigations account in the budget request, have been transferred 

to the Dam Safety and Seepage/Stability Correction Program 

within the Construction account; 

• Dam Safety and Seepage/Stability Correction Program 

management costs, proposed in the Expenses account in the 

budget request, have been transferred to the Program within 

the Construction account; and 

• Sand mitigation projects, proposed in the Harbor Maintenance Trust Fund account in the budget request, have been 

transferred to the Construction account. 

Additionally, the Poplar Island, Maryland, beneficial use of 

dredged material project has been re-categorized as within the environmental restoration business line as is appropriate and as was 

the case in previous years. 

For any fiscal year, if the Corps proposes budget structure 

changes, the proposal shall be accompanied by a display of the 

funding request in the traditional budget structure. 

APPORTIONMENT UNDER A CONTINUING RESOLUTION

For the purposes of the continuing resolutions to start fiscal year 

2018, the Office of Management and Budget changed the longstanding policy by which funding is apportioned to the Civil Works 

program of the Corps of Engineers. Under the new policy, funding 

within an individual account was apportioned separately for 

amounts from the general fund of the Treasury and from various 

trust funds. 

The Committee has long intended the Corps to have the flexibility to address projects most in need of funding under a continuing resolution. The creation of artificial accounting distinctions 

has the potential to cause serious impediments to the efficient and 

effective implementation of the Civil Works program. For example, 

work on many navigation projects is limited by environmental or 

other regulatory windows. Further limitations imposed by sepaVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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rately apportioning Harbor Maintenance Trust Fund monies could 

cause serious disruptions to the economic activity that depends on 

these navigation channels. 

For these reasons, the Committee rejects the change in apportionment policy and directs the Administration to follow the previous policy during any continuing resolutions that may occur in 

future fiscal years. 

DEEP-DRAFT NAVIGATION

The Committee remains mindful of the evolving infrastructure 

needs of the nation’s ports. Meeting these needs—including deeper 

drafts to accommodate the move towards larger ships—will be essential if the nation is to remain competitive in international markets and to continue advancing economic development and job creation domestically. 

Investigations and construction of port projects, including the 

deepening of existing projects, are cost-shared between the federal 

government and non-federal sponsors, often local or regional port 

authorities. The operation and maintenance of these projects are 

federal responsibilities and are funded as reimbursements from the 

Harbor Maintenance Trust Fund (HMTF), which is supported by 

an ad valorem tax on the value of imported and domestic cargo. Expenditures from the trust fund are subject to annual appropriations. The balance in the HMTF at the beginning of fiscal year 

2019 is estimated to be approximately $9,416,000,000. 

The Water Resources Reform and Development Act (WRRDA) of 

2014 included target annual appropriations levels for use of HMTF 

receipts and the Water Resources Development Act (WRDA) of 

2016 amended those levels. The Committee remains committed to 

providing the maximum practicable amount of funding for HMTFreimbursable activities consistent with annual allocations and after 

evaluating funding requirements for other priority activities within 

the Civil Works program. 

For fiscal year 2019, the Committee provides an estimated $1,600,000,000 for HMTF-related activities, $200,000,000 more 

than fiscal year 2018, $635,000,000 above the budget request, and 

$160,000,000 above the annual target. This funding will enable the 

Corps to make significant progress on the backlog of dredging 

needs. 

INLAND WATERWAYS SYSTEM

The nation’s inland waterways system—consisting of approximately 12,000 miles of commercially navigable channels and 239 

lock chambers—also is essential to supporting the national economy. Freight transported on the inland waterways system includes 

a significant portion of the nation’s grain exports, domestic petroleum and petroleum products, and coal used in electricity generation. Much of the physical infrastructure of the system is aging, 

however, and in need of improvements. For example, commercial 

navigation locks typically have a design life of 50 years, yet nearly 

60 percent of these locks in the United States are more than 50 

years old, with the average age at almost 60 years old. 

Capital improvements to the inland waterways system generally 

are funded 50 percent from the General Treasury and 50 percent 

from the Inland Waterways Trust Fund (IWTF), while operation 

13 

and maintenance costs are funded 100 percent from the General 

Treasury. The IWTF is supported by a tax on barge fuel. 

In recent years, the increasing rehabilitation and reconstruction 

needs and the escalating costs of those projects have far outstripped available revenues in the IWTF. Two statutory changes 

enacted in fiscal year 2015, however, will lead to the availability 

of additional revenues to stand as the required cost-share for some 

additional work on the inland waterways system. These changes 

were the reduction in the portion of the costs of the Olmsted Locks 

and Dam project that is to be derived from the IWTF to 15 percent 

and the increase in the fuel tax to $0.29 per gallon from $0.20 per 

gallon. 

The Corps is directed to take the preparatory steps necessary to 

ensure that new construction projects can be initiated as soon as 

can be supported under the larger capital program (i.e., as ongoing 

projects approach completion). For fiscal year 2019, the Committee 

provides appropriations making use of all estimated annual revenues from the IWTF. The final program level will depend on 

project-specific allocations to be made by the Corps. The Committee 

also allocates $50,000,000 above the budget request for additional 

operation and maintenance activities on the inland waterways. 

PRINCIPLES AND REQUIREMENTS

Concerns persist that the effort to update the Water Resources 

Principles and Guidelines did not proceed consistent with the language or intent of section 2031 of the Water Resources Development Act of 2007. No funds provided to the Corps of Engineers 

shall be used to develop or implement rules or guidance to support 

implementation of the final Principles and Requirements for Federal Investments in Water Resources released in March 2013 or the 

final Interagency Guidelines released in December 2014. The Corps 

shall continue to use the document dated March 10, 1983, and entitled ‘‘Economic and Environmental Principles and Guidelines for 

Water and Related Land Resources Implementation Studies’’ during the fiscal year period covered by the Energy and Water Development Appropriations Act for 2019. 

FORMAT OF FUNDING PRIORITIES

Traditionally, the President requested and the Congress appropriated funds for the Civil Works program on a project-level basis. 

Taken together, however, these funding decisions indicated programmatic priorities and policy preferences. As with non-projectbased programs, the Congress at times disagreed with the priorities stated in the President’s budget request and made its priorities known in appropriations bills. Final federal government priorities were established in Acts passed by both chambers of the Congress and signed by the President. 

Since the 112th Congress, congressional earmarks, as defined in 

House rule XXI, have been prohibited. That definition encompasses 

project-level funding not requested by the President. As a result, 

the Committee reviewed the historical format of appropriations for 

the Corps to see if there was a more transparent way to highlight 

programmatic priorities without abandoning congressional oversight responsibilities. The fiscal year 2012 Act included a modification to the format used in previous years, and that format is conVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
14 

tinued for fiscal year 2019. As in previous years, the Committee 

lists in report tables the studies, projects, and activities within 

each account requested by the President along with the Committeerecommended funding level. To advance its programmatic priorities, the Committee has included additional funding for certain 

categories of projects. Project-specific allocations within these categories will be determined by the Corps based on further direction 

provided in this report. 

ADDITIONAL FUNDING

The recommendation includes funding in addition to the budget 

request to ensure continued improvements to our national economy, public safety, and environmental health that result from 

water resources projects. This funding is for additional work that 

either was not included in the budget request or was inadequately 

budgeted. 

The executive branch retains complete discretion over projectspecific allocation decisions within the additional funds provided, 

subject to only the direction here and under the heading ‘‘Additional Funding’’ or ‘‘Additional Funding for Ongoing Work’’ within 

each of the Investigations, Construction, Mississippi River and 

Tributaries, and Operation and Maintenance accounts. A study or 

project may not be excluded from consideration for funding for 

being ‘‘inconsistent with Administration policy.’’ The Administration is reminded that these funds are in addition to the budget request, and Administration budget metrics shall not be a reason to 

disqualify a study or project from being funded. Voluntary funding 

in excess of legally required cost shares for studies and projects is 

acceptable, but shall not be used as a criterion for allocating the 

additional funding provided or for the selection of new starts. It is 

expected that all of the additional funding provided will be allocated to specific programs, projects, or activities. The focus of the 

allocation process shall favor the obligation, rather than expenditure, of funds. 

The Corps shall evaluate all studies and projects only within accounts and categories consistent with previous congressional funding. When allocating the additional funding provided in this Act, 

the Corps shall consider eligibility and implementation decisions 

under Public Law 115–123 so as to maximize the reduction of risk 

to public safety and infrastructure and the reduction of future damages from floods and storms nationwide. 

A project or study shall be eligible for additional funding within 

the Investigations, Construction, and Mississippi River and Tributaries accounts if: (1) it has received funding, other than through 

a reprogramming, in at least one of the previous three fiscal years; 

(2) it was previously funded and could reach a significant milestone, complete a discrete element of work, or produce significant 

outputs in fiscal year 2019; or (3) as appropriate, it is selected as 

one of the new starts allowed in accordance with this Act and the 

additional direction provided below. Projects with executed Advanced Project Partnership Agreements, or similar agreements, 

shall be eligible for additional funding provided in this bill. None 

of the additional funding in any account may be used for any item 

where funding was specifically denied or for projects in the ConVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
15 

tinuing Authorities Program. Funds shall be allocated consistent 

with statutory cost share requirements. 

Work Plan.—Not later than 60 days after the enactment of this 

Act, the Corps shall provide to the Committees on Appropriations 

of both Houses of Congress a work plan including the following information: (1) a detailed description of the process and criteria used 

to evaluate studies and projects; (2) delineation of how these funds 

are to be allocated; (3) a summary of the work to be accomplished 

with each allocation, including phase of work; and (4) a list of all 

studies and projects that were considered eligible for funding but 

did not receive funding, including an explanation of whether the 

study or project could have used funds in fiscal year 2019 and the 

specific reasons each study or project was considered as being less 

competitive for an allocation of funds. 

New Starts.—The recommendation includes six new starts in the 

Investigations account and five new starts in the Construction account to be distributed across the authorized mission areas of the 

Corps. Of the new starts in Investigations, two shall be for navigation studies, one shall be for a flood and storm damage reduction 

study, one shall be for an environmental restoration study, and two 

shall be for navigation, flood and storm damage reduction, environmental restoration, or multi-purpose studies. Of the new construction starts, one shall be for a navigation project; one shall be for 

a flood and storm damage reduction project; one shall be for an additional navigation or flood and storm damage reduction project; 

one shall be for an environmental restoration project; and one shall 

be for a navigation, flood and storm damage reduction, environmental restoration, or multi-purpose project. No funding shall be 

used to initiate new programs, projects, or activities in the Mississippi River and Tributaries or Operation and Maintenance accounts. 

The Corps is directed to propose a single group of new starts as 

a part of the work plan. None of the funds may be used for any 

item for which the Committee has specifically denied funding. The 

Corps may not change or substitute the new starts selected once 

the work plan has been provided to the Committees on Appropriations of both Houses of Congress. Each new start shall be funded 

from the appropriate additional funding line item. Any project for 

which the new start requirements are not met by the end of fiscal 

year 2019 shall be treated as if the project had not been selected 

as a new start; such a project shall be required to compete again 

for new start funding in future years. As all new starts are to be 

chosen by the Corps, all shall be considered of equal importance, 

and the expectation is that future budget submissions will include 

appropriate funding for all new starts selected. 

There continues to be confusion regarding the executive branch’s 

policies and guidelines regarding which studies and projects require new start designations. Therefore, the Corps is directed to notify the Committees on Appropriations of both Houses of Congress 

at least 7 days prior to execution of an agreement for construction 

of any project except environmental infrastructure projects and 

projects under the Continuing Authorities Program. Additionally, 

the Committee reiterates and clarifies previous congressional direction as follows. Neither study nor construction activities related to 

individual projects authorized under section 1037 of the WRRDA of 

16 

2014 shall require a new start or new investment decision; these 

activities shall be considered ongoing work. No new start or new 

investment decision shall be required when moving from feasibility 

to preconstruction engineering and design (PED). A new start designation shall be required to initiate construction of individuallyauthorized projects funded within programmatic line items. No new 

start or new investment decision shall be required to initiate work 

on a separable element of a project when construction of one or 

more separable elements of that project was initiated previously; it 

shall be considered ongoing work. A new construction start shall 

not be required for work undertaken to correct a design deficiency 

on an existing federal project; it shall be considered ongoing work. 

In addition to the priority factors used to allocate all additional 

funding provided in the Investigations account, the Corps should 

give careful consideration to the out-year budget impacts of the 

studies selected and to whether there appears to be an identifiable 

local sponsor that will be ready and able to provide, in a timely 

manner, the necessary cost share for the feasibility and PED 

phases. The Corps is reminded that the flood and storm damage reduction and the environmental restoration mission areas can include instances where non-federal sponsors are seeking assistance 

with flood control and unauthorized discharges from permitted 

wastewater treatment facilities and that the navigation mission 

area includes work in remote and subsistence harbor areas. 

In addition to the priority factors used to allocate all additional 

funding provided in the Construction account, the Corps also shall 

consider the out-year budget impacts of the selected new starts; 

and the cost sharing sponsor’s ability and willingness to promptly 

provide the cash contribution (if any), as well as required lands, 

easements, rights-of-way, relocations, and disposal areas. When 

considering new construction starts, only those that can execute a 

project cost sharing agreement not later than August 31, 2019, 

shall be chosen. 

To ensure that the new construction starts are affordable and 

will not unduly delay completion of any ongoing projects, the Secretary is required to submit to the Committees on Appropriations 

of both Houses of Congress a realistic out-year budget scenario 

prior to issuing a work allowance for a new start. It is understood 

that specific budget decisions are made on an annual basis and 

that this scenario is neither a request for nor a guarantee of future 

funding for any project. Nonetheless, this scenario shall include an 

estimate of annual funding for each new start utilizing a realistic 

funding scenario through completion of the project, as well as the 

specific impacts of that estimated funding on the ability of the 

Corps to make continued progress on each previously funded construction project (including impacts to the optimum timeline and 

funding requirements of the ongoing projects) and on the ability to 

consider initiating new projects in the future. The scenario shall 

assume a Construction account funding level at the average of the 

past three budget requests. 

ASIAN CARP

The Secretary of the Army, acting through the Chief of Engineers, shall make every effort to submit to Congress the Report of 

the Chief of Engineers for the Brandon Road feasibility study acVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
17 

cording to the original published schedule of February 2019. The 

Corps is directed to provide quarterly updates to the Committees 

on Appropriations of both Houses of Congress on the progress and 

status of efforts to prevent the further spread of Asian carp as well 

as the location and density of carp populations, including the use 

of emergency procedures. The Corps shall continue to collaborate 

with the U.S. Coast Guard, the U.S. Fish and Wildlife Service, the 

State of Illinois, and members of the Asian Carp Regional Coordinating Committee to identify and evaluate whether navigation protocols would be beneficial or effective in reducing the risk of vessels 

inadvertently carrying aquatic invasive species, including Asian 

carp, through the Brandon Road Lock and Dam in Joliet, Illinois. 

Any findings of such an evaluation shall be included in the quarterly briefings to the Committees. The Corps is further directed to 

implement protocols shown to be effective at reducing the risk of 

entrainment without jeopardizing the safety of vessels and crews. 

The Corps and other federal and state agencies are conducting ongoing research on potential solutions. 

AGING WATERWAY INFRASTRUCTURE

The Committee recognizes the extraordinary implications to the 

local, regional, and national economy, as well as national security 

due to aging waterway infrastructure. The Committee urges the 

Corps to complete feasibility studies for ongoing deep draft lock 

modernization or replacement projects. In these studies, the Corps 

is encouraged to include national and regional economic analyses, 

taking into account the unique movement of the commodities and 

the value-added in the supply chain. 

CONGRESSIONAL DIRECTION AND REPROGRAMMING

To ensure that the expenditure of funds in fiscal year 2019 is 

consistent with congressional direction, to minimize the movement 

of funds, and to improve overall budget execution, the bill carries 

a legislative provision outlining the circumstances under which the 

Corps may reprogram funds. 

COMMITTEE RECOMMENDATION

The Committee recommends $7,278,000,000 for the Corps, 

$451,000,000 above fiscal year 2018 and $2,493,417,000 above the 

budget request. 

A table summarizing the fiscal year 2018 enacted appropriation, 

the fiscal year 2019 budget request, and the Committee-recommended levels is provided below: 

(Dollars in thousands) 

Account FY 2018 enacted FY 2019 request Cmte. rec. 

Investigations .............................................................................................. $123,000 $82,000 $128,000 

Construction ................................................................................................ 2,085,000 871,733 2,323,000 

Mississippi River and tributaries ............................................................... 425,000 244,735 430,000 

Operation and maintenance ....................................................................... 3,630,000 2,076,733 3,820,000 

Regulatory program .................................................................................... 200,000 200,000 200,000 

FUSRAP ........................................................................................................ 139,000 120,000 150,000 

Flood control and coastal emergencies ...................................................... 35,000 27,000 35,000 

Expenses ..................................................................................................... 185,000 187,000 187,000 

Office of the Assistant Secretary of the Army for Civil Works .................. 5,000 5,000 5,000 

Harbor Maintenance Trust Fund ................................................................. – – – 965,132 – – – 

18 

(Dollars in thousands) 

Account FY 2018 enacted FY 2019 request Cmte. rec. 

Inland Waterways Trust Fund ..................................................................... – – – 5,250 – – – 

Total, Corps of Engineers—Civil .............................................. 6,827,000 4,784,583 7,278,000 

INVESTIGATIONS

Appropriation, 2018 ............................................................................ $123,000,000 

Budget estimate, 2019 ....................................................................... 82,000,000 

Recommended, 2019 ........................................................................... 128,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +5,000,000 

Budget estimate, 2019 ................................................................ +46,000,000 

This appropriation funds studies to determine the need for, the 

engineering and economic feasibility of, and the environmental and 

social suitability of solutions to water and related land resource 

problems; preconstruction engineering and design; data collection; 

interagency coordination; and research. 

The budget request for this account and the approved Committee 

allowance are shown on the following table: 

19 


Insert graphic folio 07 28042A.002
20 


Insert graphic folio 8 28042A.003
21 


Insert graphic folio 9 28042A.004
22 

Passaic River Basin Mainstem, New Jersey.—The Committee is 

aware that flooding has long been a problem in the Passaic River 

Basin. The Committee encourages the Corps to continue to work in 

coordination with the non-federal sponsor on plans to reduce flooding in the basin, including the reevaluation of the Passaic River 

Basin Mainstem project. The Corps is directed to brief the Committee not later than 30 days after the enactment of this Act on 

the current status of this project. 

Peckman River, New Jersey.—The Committee is aware of repeated delays with the Peckman River Feasibility Study. The 

Corps is directed to provide to the Committee quarterly briefings 

on the current schedule to bring this study to completion, with the 

first briefing to occur not later than 30 days after the enactment 

of this Act. 

Rahway River Basin (Upper Basin), New Jersey.—The Committee 

is aware of extended delays with the Rahway River Basin Flood 

Risk Management Feasibility Study where flooding is of acute concern to the affected communities. The Committee encourages the 

Corps to continue to work with the non-federal sponsor on plans to 

reduce flooding caused by the Rahway River in affected areas. The 

Corps is directed to provide to the Committee quarterly briefings 

on the current schedule to bring this study to completion, with the 

first briefing to occur not later than 30 days after the enactment 

of this Act. 

Chacon Creek, Texas.—The Corps has multiple authorities to provide technical assistance to non-federal entities. The Committee encourages the Corps to review these authorities to identify opportunities to help advance the Chacon Creek, Texas, project, for which 

the Corps executed a feasibility cost sharing agreement in 2004. 

Additional Funding.—The Corps is expected to allocate the additional funding provided in this account primarily to specific feasibility and PED phases, rather than to Remaining Items line items 

as has been the case in previous work plans. When allocating the 

additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing studies 

or to initiating new studies that will enhance the nation’s economic 

development, job growth, and international competitiveness; are for 

projects located in areas that have suffered recent natural disasters; are for projects that protect life and property; or are for 

projects to address legal requirements. The Corps shall use these 

funds for additional work in both the feasibility and PED phases. 

The agreement includes sufficient additional funding to undertake 

a significant amount of feasibility and PED work. The Administration is reminded that a project study is not complete until the PED 

phase is complete. The Corps is reminded that environmental restoration can include projects that address degraded conditions due 

to prior flood protection work. 

Research and Development.—Within available funds, the Corps is 

encouraged to advance flood and coastal systems research and development, as well as work to evaluate conservation methods to restore riverine ecosystems, to identify effective oyster reef restoration strategies, and to support collaborative research into coastal 

resilience. 

Disposition of Completed Projects.—The Committee supports the 

budget request for disposition studies pursuant to facilities that 

23 

closed as a result of Public Law 113–121. The Corps is directed to 

provide to the Committee copies of disposition studies upon completion. For Corps facilities that are deemed as excess, the Committee 

supports the disposal of those facilities through the appropriate 

General Services Administration process. 

Water Resources Priorities Study.—No funding shall be used for 

this study. 

Impacts on Oyster Reefs.—The Committee supports Corps efforts, 

when conducting or reviewing environmental assessments or environmental impact statements for navigation or coastal restoration 

projects in areas where oyster reefs exist, to consider water quality 

and salinity impacts on those reefs and, when appropriate, to mitigate any negative impacts. 

Upper Mississippi River-Illinois Waterway System.—Beginning in 

2005, more than $59,000,000 in appropriated funds have been allocated for preconstruction engineering and design of improved locks 

and ecosystem restoration throughout the Upper Mississippi and Illinois Rivers for measures authorized in Title VIII of the Water Resources Development Act of 2007. Unfortunately, the Corps has determined that a Level 3 Economic Re-Evaluation Report (ERR) 

shall occur before PED can continue. While the Committee disagrees with this conclusion, if the Corps decides to fund such an 

ERR, the Committee encourages the Corps to complete it not later 

than January 1, 2020, so that PED can resume in a timely fashion. 

Upper Des Plaines River and Tributaries Project.—The Committee is aware that the project area was flooded with record high 

crests overflowing the Des Plaines River last summer, resulting in 

damage to more than 3,200 residences. The Committee urges the 

Corps to cooperate with the non-federal sponsor as it prepares advance work on a number of flood features under Section 204 of the 

Water Resources Development Act of 1986, as amended. 

Lake Cypress, Florida.—The Committee is aware that high rain 

totals have created a significant sediment flow through the Kissimmee Chain of Lakes resulting in a shoal that has expanded in 

recent years, located at the end of the C–35 canal in Lake Cypress, 

Florida. The Committee encourages the Corps to cooperate with 

state and local officials on this issue. 

Flood Control and Wastewater Treatment Facilities.—In fiscal 

year 2017, the Corps was directed to provide a briefing regarding 

activities to address concerns about flooding and wastewater treatment facilities. The Committee may have additional direction after 

that briefing occurs. 

Public Law 115–123.—The Corps is encouraged to expedite the 

completion of investigations undertaken with funds provided pursuant to Public Law 115–123. 

Section 1143 Study.—The Corps is encouraged to include in future budget submissions the study of sediment sources authorized 

in section 1143 of Public Law 114–322. 

CONSTRUCTION

Appropriation, 2018 ............................................................................ $2,085,000,000 

Budget estimate, 2019 ....................................................................... 871,733,000 

Recommended, 2019 ........................................................................... 2,323,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +238,000,000 

Budget estimate, 2019 ................................................................ +1,451,267,000 

24 

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: 

25 


Insert graphic folio 01 28042A.005
26 


Insert graphic folio 02 28042A.006
27 


Insert graphic folio 03 28042A.007
28 

Murrieta Creek, California.—The Committee is aware that the 

Corps has been working on a Validation Report to detail a rescoped project for a more cost-effective flood protection solution 

while it proceeds with construction. The Committee urges the 

Corps to finish the Report, as the Corps turns over the completed 

elements of the project to the local sponsor and constructs Phase 

IIB of the project. 

Success Dam, California.—In the past, the Committee has raised 

the importance of the Corps moving expeditiously on the project to 

increase the reservoir capacity and complete the necessary safety 

reviews of the dam. In a memo dated January 17, 2018, the Dam 

Senior Oversight Group concluded the Success Reservoir Enlargement Project has negligible risk on the current reservoir infrastructure and approved the project to proceed. The Committee commends the Corps for its work on this project and continues to 

strongly urge the Corps expeditiously move ahead with the enlargement project, as detailed in House Report 114-91. 

South Florida Ecosystem Restoration, Florida.—As in previous 

years, the Committee provides funding for all study and construction authorities related to Everglades restoration under the line 

item titled ‘‘South Florida Ecosystem Restoration, Florida’’. This 

single line item allows the Corps flexibility in implementing the 

numerous activities underway in any given fiscal year. 

Chesapeake Bay Oyster Recovery, Maryland and Virginia.—The 

Committee urges the Corps to consider species selection for disease 

resistance and survivability as part of oyster recovery in the Chesapeake Bay and to support development of substrate as a substitute 

for oyster shell, including competitively awarded contracts for research and development, as appropriate. 

New Jersey and New York Harbor Deepening Project.—The Committee is encouraged by the work of the Corps and its local partners to bring the construction of the New Jersey and New York 

Harbor Deepening Project to completion. This project of national 

significance is an example of how the Corps and its partners can 

work together to enhance our national economy. 

Can ̃ o Martı ́n Pen ̃a, Puerto Rico.—The Committee maintains its 

interest in the Can ̃ o Martı ́n Pen ̃ a environmental restoration project 

in San Juan, Puerto Rico, and notes the environmental degradation 

and persistent flooding that disadvantages communities abutting 

the channel, as evidenced by Hurricanes Irma and Maria. The 

Corps is encouraged to include appropriate funding for this project 

in future budget requests. The Corps is directed to report to the 

Committees on Appropriations of both Houses of Congress not later 

than 90 days after enactment of this Act on the status of this 

project. 

Additional Funding.—The agreement includes additional funds 

for projects and activities to enhance the nation’s economic growth 

and international competitiveness. Of the additional funds provided 

in this account, the Corps shall allocate not less than $5,495,000 

to projects with riverfront development components. Of the additional funding provided in this account for flood and storm damage 

reduction and flood control, the Corps shall allocate not less than 

$18,000,000 to additional nonstructural flood control projects. Of 

the additional funds provided in this account for flood and storm 

damage reduction, navigation, and other authorized project purVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
29 

poses, the Corps shall allocate not less than $15,000,000 to authorized reimbursements for projects with executed project cooperation 

agreements and that have completed construction or where nonfederal sponsors intend to use the funds for additional water resources development activities. Of the additional funding provided 

in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $11,650,000 to continue 

construction of projects that principally include improvements to 

rainfall drainage systems that address flood damages. Of the additional funding provided in this account for flood and storm damage 

reduction and flood control, the Corps shall allocate not less than 

$10,000,000 to ongoing projects where ongoing construction would 

benefit from additional funds to avoid induced flooding during construction. 

The Corps is reminded that dam safety projects authorized under 

section 5003 of the Water Resources Development Act of 2007 are 

eligible to compete for the additional funding provided in this account. 

Public Law 115–123 included funding within the Flood Control 

and Coastal Emergencies account to restore authorized shore protection projects to full project profile. That funding is expected to 

address most of the current year capability. Therefore, to ensure 

funding is not directed to where it cannot be used, the agreement 

includes $60,000,000 for construction of shore protection projects. 

The Corps is reminded that if additional work can be done, these 

projects are also eligible to compete for additional funding for flood 

and storm damage reduction. 

When allocating the additional funding provided in this account, 

the Corps is encouraged to evaluate authorized reimbursements in 

the same manner as if the projects were being evaluated for new 

or ongoing construction and shall consider giving priority to the following: 

• benefits of the funded work to the national economy; 

• extent to which the work will enhance national, regional, or 

local economic development; 

• number of jobs created directly and supported in the supply 

chain by the funded activity; 

• significance to national security, including the strategic significance of commodities; 

• ability to obligate the funds allocated within the fiscal year, including consideration of the ability of the non-federal sponsor to 

provide any required cost share; 

• ability to complete the project, separable element, or project 

phase with the funds allocated; 

• legal requirements, including responsibilities to Tribes; 

• for flood and storm damage reduction projects (including authorized nonstructural measures and periodic beach renourishments), 

» population, economic activity, or public infrastructure at 

risk, as appropriate; and 

» the severity of risk of flooding or the frequency with which 

an area has experienced flooding; 

• for shore protection projects, projects in areas that have suffered severe beach erosion requiring additional sand placement outVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
30 

side of the normal beach renourishment cycle or in which the normal beach renourishment cycle has been delayed; • for navigation projects, the number of jobs or level of economic 

activity to be supported by completion of the project, separable element, or project phase; • for projects cost shared with the Inland Waterways Trust Fund 

(IWTF), the economic impact on the local, regional, and national 

economy if the project is not funded, as well as discrete elements 

of work that can be completed within the funding provided in this 

line item; • for other authorized project purposes and environmental restoration or compliance projects, to include the beneficial use of 

dredged material; and • for environmental infrastructure projects, projects with the 

greater economic impact, projects in rural communities, projects in 

communities with significant shoreline and instances of runoff, 

projects in or that benefit counties or parishes with high poverty 

rates, projects in financially distressed municipalities, projects that 

improve stormwater capture capabilities, and projects that will provide substantial benefits to water quality improvements. 

The agreement provides funds making use of all estimated annual revenues in the IWTF. The Corps shall allocate all funds provided in the IWTF Revenues line item along with the statutory cost 

share from funds provided in the Navigation line item prior to allocating the remainder of funds in the Navigation line item. 

Aquatic Plant Control Program.—Of the funding provided, $5,000,000 is for watercraft inspection stations, as authorized by 

section 1039 of the Water Resources Reform and Development Act 

of 2014, and $1,000,000 is for related monitoring. 

Continuing Authorities Program (CAP).—The Committee continues to support all sections of the Continuing Authorities Program. Funding is provided for eight CAP sections at a total of 

$72,000,000. This program provides a useful tool for the Corps to 

undertake small localized projects without the lengthy study and 

authorization process typical of larger Corps projects. The management of the Continuing Authorities Program should continue consistent with direction provided in previous fiscal years. 

Dam Safety and Seepage/Stability Correction Program.—The 

Committee rejects the budget request proposal regarding Herbert 

Hoover Dike, which would make funds provided in this program 

available only if the State of Florida commits certain funds. Consistent with long-standing congressional direction, the Corps may 

not require funding in excess of legally required cost shares for 

studies and projects as a criterion for funding decisions. The Corps 

shall apply these funds to the highest priority projects. 

Beneficial Use of Dredged Material Pilot Program.—The Committee supports implementation of the pilot program authorized in 

section 1122 of the WIIN Act. To date, the Corps has not identified 

how these pilots would be funded, however. Therefore, the Corps is 

directed to fund these pilots, if otherwise competitive, under the 

CAP section 204 line item and the applicable additional funding 

line items in this account. The Corps shall not use Operation and 

Maintenance funds provided or allocated to the projects from which 

the dredged material is generated for costs beyond the costs of the 

Federal Standard. The Corps shall brief the Committees on ApproVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
31 

priations of both Houses of Congress not later than 60 days after 

the enactment of this Act on the selection of pilot projects, as well 

as the planned activities and cost estimates for each selected pilot 

project. 

Public Law 115–123.—The Corps is encouraged to expedite the 

completion of projects undertaken with funds provided pursuant to 

Public Law 115–123. 

Public Law 115–123 (LERRDs).—The Corps has authority to perform acquisition of required lands, easements, rights-of-ways, relocations, and disposal areas (LERRDs) on behalf of a non-federal 

sponsor under certain circumstances. The Committee encourages 

the Corps to evaluate such requests from non-federal sponsors of 

projects funded under Public Law 115–123. 

MISSISSIPPI RIVER AND TRIBUTARIES

Appropriation, 2018 ............................................................................ $425,000,000 

Budget estimate, 2019 ....................................................................... 244,735,000 

Recommended, 2019 ........................................................................... 430,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +5,000,000 

Budget estimate, 2019 ................................................................ +185,265,000 

This appropriation funds planning, construction, and operation 

and maintenance activities associated with projects to reduce flood 

damage in the lower Mississippi River alluvial valley below Cape 

Girardeau, Missouri. 

The budget request for this account and the approved Committee 

allowance are shown on the following table: 

32 


Insert graphic folio 014 28042A.008
33 


Insert graphic folio 015 28042A.009
34 

Lower Mississippi River Main Stem.—The budget request proposes to consolidate several activities across multiple states into 

one line item. The Committee does not support this change and instead continues to fund these activities as separate line items. 

Additional Funding for Ongoing Work.—When allocating the additional funding provided in this account, the Corps shall consider 

giving priority to completing or accelerating ongoing work that will 

enhance the nation’s economic development, job growth, and international competitiveness, or are for studies or projects located in 

areas that have suffered recent natural disasters. While this funding is shown under remaining items, the Corps shall use these 

funds in investigations, construction, and operation and maintenance, as applicable. 

Mississippi River Commission.—No funding is provided for this 

new line item. The Corps is directed to continue funding the costs 

of the commission from within the funds provided for activities 

within the Mississippi River and Tributaries project. 

OPERATION AND MAINTENANCE

Appropriation, 2018 ............................................................................ $3,630,000,000 

Budget estimate, 2019 ....................................................................... 2,076,733,000 

Recommended, 2019 ........................................................................... 3,820,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +190,000,000 

Budget estimate, 2019 ................................................................ +1,743,267,000 

This appropriation funds operation, maintenance, and related activities at water resource projects the Corps operates and maintains. Work to be accomplished consists of dredging, repair, and operation of structures and other facilities as authorized in various 

River and Harbor, Flood Control, and Water Resources Development Acts. Related activities include aquatic plant control, monitoring of completed projects, removal of sunken vessels, and the 

collection of domestic, waterborne commerce statistics. Portions of 

this account are financed through the Harbor Maintenance Trust 

Fund. 

The budget request for this account and the approved Committee 

allowance are shown on the following table: 

35 


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Los Angeles County Drainage Area (LACDA), California.—The 

Corps shall provide to the Committees on Appropriations of both 

Houses of Congress not later than 120 days after enactment of this 

Act a report on the outstanding maintenance and repair needs 

within the Corps-maintained portion of the LACDA system. The report shall identify opportunities for local agency maintenance and 

collaboration of the Corps-maintained portion of the LACDA system to more effectively utilize budgeted funds in a manner that reduces flood risk, increases stormwater capture, and enables a more 

sustainable local source of water. 

Waco Lake, Texas.—In fiscal year 2018, the Committee encouraged the Corps to work with local officials to determine whether 

issues at the Corps project are the cause of damages to the public 

road and what authorities and funding sources may be available to 

assist the local community in repairing the road. The Corps is directed to provide this information to the Committee not later than 

45 days after the enactment of this Act. 

Additional Funding for Ongoing Work.—When allocating the additional funding provided in this account, the Corps shall consider 

giving priority to the following: 

• ability to complete ongoing work maintaining authorized 

depths and widths of harbors and shipping channels, including 

where contaminated sediments are present; 

• ability to address critical maintenance backlog; 

• presence of the U.S. Coast Guard; 

• extent to which the work will enhance national, regional, or 

local economic development, including domestic manufacturing capacity; 

• extent to which the work will promote job growth or international competitiveness; 

• number of jobs created directly by the funded activity; 

• ability to obligate the funds allocated within the fiscal year; 

• ability to complete the project, separable element, project 

phase, or useful increment of work within the funds allocated; 

• addressing hazardous barriers to navigation due to shallow 

channels; 

• risk of imminent failure or closure of the facility; and 

• for harbor maintenance activities, 

» total tonnage handled; 

» total exports; 

» total imports; 

» dollar value of cargo handled; 

» energy infrastructure and national security needs served; 

» designation as strategic seaports; 

» lack of alternative means of freight movement; and 

» savings over alternative means of freight movement. 

Additional funding provided for donor and energy transfer ports 

shall be allocated in accordance with 33 U.S.C. 2238c. The Corps 

is encouraged to include funding for this program in future budget 

requests. 

Aquatic Nuisance Research Program.—Within available funds, 

the Corps is encouraged to support research that will identify and 

develop improved strategies for early detection, prevention, and 

management techniques and procedures to reduce the occurrence 

57 

and impacts of harmful algal blooms in our nation’s water resources. 

Monitoring of Completed Navigation Projects.—The Committee 

supports Corps efforts to improve aging critical infrastructure 

projects, including post-tensioned anchorages at its locks and dams. 

The Committee understands the Corps is exploring non-destructive 

testing methods of inspection that are safer and less costly, and encourages the Corps to continue to evaluate the need for and benefit 

of such methods. The Corps is encouraged to also consider the need 

for additional work on the validation of technologies such as protective coatings. Funding in addition to the budget request is included 

to support continued efforts related to structural health monitoring, 

asset management, and non-destructive testing, as appropriate. 

The Corps is directed to brief the Committee not later than 90 days 

after the enactment of this Act on its planned activities in each 

area, future funding requirements of ongoing efforts, and the scope 

and effectiveness of programs at various annual funding levels. 

Water Operations Technical Support (WOTS).—Of the funding 

provided, $5,000,000 is included to continue research into atmospheric rivers first funded in fiscal year 2015. An additional 

$2,500,000 is provided to expand this research effort to other locations, as appropriate. Prior to obligating funds for this expanded effort, however, the Corps shall brief the Committees on Appropriations of both Houses of Congress on the details of an expanded effort, including activities to be undertaken, total and annual cost estimates, expected transferability of tools developed or other results 

of the research, as well as the likelihood of additional investment 

being necessary. 

Emerging Harbor Projects.—The recommendation includes funding for individual projects defined as emerging harbor projects (in 

section 210(f)(2) of the Water Resources Development Act (WRDA) 

of 1986) that exceeds the funding levels envisioned in section 

210(c)(3) and 210(d)(1)(B)(ii) of WRDA 1986. 

Great Lakes Navigation System.—The recommendation includes 

funding for individual projects within this System that exceeds the 

funding level envisioned in section 210(d)(1)(B)(ii) of WRDA 1986. 

Shoreline Management Policy.—The Committee is aware of concerns regarding the new shoreline management policy for Corps 

reservoirs within the South Atlantic Division. The Corps is encouraged to continue working with affected local communities and 

stakeholders to address these concerns, including the use of nonpotable water from reservoirs. 

Hydropower.—The Committee recognizes that hydropower is an 

important resource for the energy requirements of our states and 

local communities. In some areas, such as the Summersville Dam 

in West Virginia, the Corps works with non-federal partners to provide reliable and affordable energy for the surrounding community. 

The Committee encourages the Corps to review options for expanded non-federal hydropower at appropriate sites throughout the 

nation. The Committee anticipates that this would include evaluations of seasonal pool levels and an assessment of the impact of expanding hydropower on safety and operations for the region. 

Recreational Access.—The Committee is concerned about reports 

of the Army Corps of Engineers closing recreational access points 

58 

and resistance to enhanced recreational proposals including boat 

docks, handicap access ramps, and general land access points. 

Levee Safety.—The Committee notes that previous Water Resources Development Acts have provided authorization for the 

Corps to carry out certain levee safety initiatives. The Corps shall 

provide to the Committees on Appropriations of both Houses of 

Congress not later than 90 days after the enactment of this Act a 

briefing on its efforts to implement these initiatives. 

Nonoperational locks.—The Committee has heard concerns about 

the status of the Walter F. George and George W. Andrews locks. 

The Corps is directed to brief the Committee not later than 60 days 

after the enactment of this Act on the operating status of these 

locks and what requirements are necessary to return these locks to 

fully operational status. 

REGULATORY PROGRAM

Appropriation, 2018 ............................................................................ $200,000,000 

Budget estimate, 2019 ....................................................................... 200,000,000 

Recommended, 2019 ........................................................................... 200,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ – – – 

This appropriation provides funds to administer laws pertaining 

to the regulation of activities affecting U.S. waters, including wetlands, in accordance with the Rivers and Harbors Appropriation 

Act of 1899, the Clean Water Act, and the Marine Protection, Research, and Sanctuaries Act of 1972. Appropriated funds are used 

to review and process permit applications, ensure compliance on 

permitted sites, protect important aquatic resources, and support 

watershed planning efforts in sensitive environmental areas in cooperation with states and local communities. 

Public Safety Projects.—The Committee continues to hear that 

public safety infrastructure projects have been delayed due to excessive and repeated reviews. Many communities depend on these 

projects to protect their residents from natural disasters. Considering the risk to life and other damages that these disasters inflict 

upon communities, it is in the public interest to have local governments mitigate for this harm. Therefore, the Committee encourages 

the Corps to give the public safety aspects of a project sufficient 

and appropriate consideration when reviewing permit applications. 

Timelines.—The Committee is concerned with the disparity in 

permitting process timelines among the Corps districts, and even 

more so with those districts whose timelines continue to grow in 

length. The Committee urges the Corps to encourage timely permitting in its districts, examine best practices among those districts with the lowest permitting timelines, and implement the 

same across other districts with lagging and protracted timelines. 

Additionally, the Committee is concerned that infrastructure 

projects across the country are being impacted by unnecessary and 

unlimited delays in the section 401 water quality certification process. The Corps is encouraged to consider providing districts with 

additional guidance on this issue. 

Chehalis Basin Process.—The Committee is pleased with the Seattle District for working in a collaborative process with the Chehalis Basin Process in Washington state for flood protection in the 

nearby communities. The Committee encourages the District to 

59 

continue in this effort and further, to sync the NEPA and SEPA 

processes to gain efficiencies and continue moving the process forward in a timely manner. 

Regional General Permits.—The Committee urges the Corps and 

the National Marine Fisheries Service to continue to evaluate appropriate mitigation options for Seattle District Regional General 

Permits that take into consideration improvements to existing 

structures. 

Permitting Consultations.—The Committee is aware of sometimes significant delays associated with consultation requests received by the National Marine Fisheries Service (NMFS) from the 

Army Corps of Engineers. The Committee urges the Corps to work 

with NMFS to improve this process. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

Appropriation, 2018 ............................................................................ $139,000,000 

Budget estimate, 2019 ....................................................................... 120,000,000 

Recommended, 2019 ........................................................................... 150,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +11,000,000 

Budget estimate, 2019 ................................................................ +30,000,000 

This appropriation funds the cleanup of certain low-level radioactive materials and mixed wastes located at sites contaminated as 

a result of the nation’s early efforts to develop atomic weapons. 

The Congress transferred the Formerly Utilized Sites Remedial 

Action Program (FUSRAP) from the Department of Energy to the 

Corps in fiscal year 1998. In appropriating FUSRAP funds to the 

Corps, the Committee intended to transfer only the responsibility 

for administration and execution of cleanup activities at FUSRAP 

sites where the Department had not completed cleanup. The Committee did not transfer to the Corps ownership of and accountability for real property interests, which remain with the Department. The Committee expects the Department to continue to provide its institutional knowledge and expertise to ensure the success 

of this program and to serve the nation and the affected communities. 

The Committee continues to support the prioritization of sites, 

especially those that are nearing completion. Within the funds provided in accordance with the budget request, the Corps is directed 

to complete the Remedial Investigation/Feasibility Study of the 

former Sylvania nuclear fuel site at Hicksville, New York, and, as 

appropriate, to proceed expeditiously to a Record of Decision and 

initiation of any necessary remediation in accordance with the 

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

FLOOD CONTROL AND COASTAL EMERGENCIES

Appropriation, 2018 ............................................................................ $35,000,000 

Budget estimate, 2019 ....................................................................... 27,000,000 

Recommended, 2019 ........................................................................... 35,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +8,000,000 

This appropriation funds planning, training, and other measures 

that ensure the readiness of the Corps to respond to floods, hurricanes, and other natural disasters, and to support emergency operVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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ations in response to such natural disasters, including advance 

measures, flood fighting, emergency operations, the provision of potable water on an emergency basis, and the repair of certain flood 

and storm damage reduction projects. 

EXPENSES

Appropriation, 2018 ............................................................................ $185,000,000 

Budget estimate, 2019 ....................................................................... 187,000,000 

Recommended, 2019 ........................................................................... 187,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +2,000,000 

Budget estimate, 2019 ................................................................ – – – 

This appropriation funds the executive direction and management of the Office of the Chief of Engineers, the Division Offices, 

and certain research and statistical functions of the Corps. 

Alternative financing.—The Committee remains supportive of 

public-private partnerships (P3) and other alternative financing 

mechanisms. In fiscal year 2018, the Corps was directed to submit 

to the Committee not later than 180 days after enactment of the 

Act a policy on how proposals for public-private partnerships will 

be considered by the Corps and how these partnerships will be incorporated into the budget policy and to discontinue certain such 

work until a policy is submitted. The Corps is reminded of the 

Committee’s long-standing concerns that federal funding decisions 

not be biased by non-federal decisions to construct projects in advance of federal funding or to provide funding in excess of legally 

required cost shares. The Committee looks forward to reviewing 

the Corps’ alternative financing policy once it has been submitted. 

The Water Infrastructure Finance and Innovation Act (WIFIA) is 

another alternative financing tool that has received strong support 

from many Members of Congress. The EPA’s WIFIA program was 

initiated in fiscal year 2015, but to date, the Corps has not requested funding nor provided requested information on how a corresponding program for the Civil Works program would be implemented. Without such a plan, it is premature for the Committee to 

provide funding. Therefore, the Corps again is directed to provide 

to the Committees on Appropriations of both Houses of Congress 

a detailed plan for how WIFIA would be implemented, including an 

estimated schedule for when funding could be used to provide 

loans. 

Surplus Water.—The Committee urges the Corps to consider 

adoption of the alternative definition of ‘‘surplus water’’ excluding 

‘‘natural flows’’ from stored water in the Missouri River mainstem 

reservoirs in its proposed rule entitled ‘‘Use of U.S. Army Corps of 

Engineers Reservoir Projects for Domestic, Municipal & Industrial 

Water Supply’’ (82 F.R. 9555). 

Materials.—The Committee notes that the Corps worked to raise 

awareness of the potential for use of cross laminated timber in 

Corps projects and urges the Corps to continue activities to encourage the use of this innovative advanced wood product, as appropriate. 

61 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

Appropriation, 2018 ............................................................................ $5,000,000 

Budget estimate, 2019 ....................................................................... 5,000,000 

Recommended, 2019 ........................................................................... 5,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ – – – 

The Assistant Secretary of the Army for Civil Works oversees the 

Civil Works budget and policy, whereas the Corps’ executive direction and management of the Civil Works program are funded from 

the Expenses account. 

The recommendation includes legislative language restricting the 

availability of 75 percent of the funding provided in this account 

until such time as at least 95 percent of the additional funding provided in each account has been allocated to specific programs, 

projects, or activities. This restriction shall not affect the roles and 

responsibilities established in previous fiscal years of the Office of 

the Assistant Secretary of the Army for Civil Works, the Corps 

headquarters, the Corps field operating agencies, or any other executive branch agency. 

The Committee relies on a timely and accessible executive 

branch in the course of fulfilling its constitutional role in the appropriations process. The requesting and receiving of basic, factual 

information, such as budget justification materials, is vital in order 

to maintain a transparent and open governing process. The Committee recognizes that some discussions internal to the executive 

branch are pre-decisional in nature and, therefore, not subject to 

disclosure. However, the access to facts, figures, and statistics that 

inform these decisions are not subject to this same sensitivity and 

are critical to the budget process. The Administration needs to ensure timely and complete responses to these inquiries. 

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL 

(INCLUDING TRANSFER OF FUNDS)

The bill continues a provision that prohibits the obligation or expenditure of funds through a reprogramming of funds in this title 

except in certain circumstances. 

The bill continues a provision prohibiting the use of funds in this 

Act to carry out any contract that commits funds beyond the 

amounts appropriated for that program, project, or activity. 

The bill continues a provision authorizing the transfer of funds 

to the Fish and Wildlife Service to mitigate for fisheries lost due 

to Corps of Engineers projects. 

The bill includes a provision regarding certain dredged material 

disposal activities. 

The bill includes a provision regarding acquisitions. 

The bill includes a provision regarding reallocations at a project. 

The bill includes a provision prohibiting the use of funds to require permits for the discharge of dredged or fill material for certain agriculture activities. 

The bill includes a provision regarding a rule under the Clean 

Water Act. 

62 

The bill contains a provision allowing the possession of firearms 

at water resources development projects under certain circumstances. 

The bill includes a provision prohibiting the obligation or expenditure of funds on a new hopper dredge. 

TITLE II—DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

Appropriation, 2018 ............................................................................ $10,500,000 

Budget estimate, 2019 ....................................................................... 7,983,000 

Recommended, 2019 ........................................................................... 13,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +2,500,000 

Budget estimate, 2019 ................................................................ +5,017,000 

The Central Utah Project Completion Act (CUPCA) (titles II–VI 

of P.L. 102–575) provides for the completion of the Central Utah 

Project by the Central Utah Water Conservancy District. The Act 

also authorizes the appropriation of funds for fish, wildlife, and 

recreation mitigation and conservation; establishes an account in 

the Treasury for the deposit of these funds and of other contributions for mitigation and conservation activities; and establishes a 

Utah Reclamation Mitigation and Conservation Commission to administer funds in that account. The Act further assigns responsibilities for carrying out the Act to the Secretary of the Interior and 

prohibits delegation of those responsibilities to the Bureau of Reclamation. 

The Committee recommendation includes a total of $15,000,000 

for the Central Utah Project Completion Account, which includes 

$12,703,325 for Central Utah Project construction, $898,000 for 

transfer to the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission, and $1,398,675 for necessary expenses of the Secretary of the Interior. 

BUREAU OF RECLAMATION

INTRODUCTION

The mission of the Bureau of Reclamation (Reclamation) is to 

manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of 

the American public. Since its establishment by the Reclamation 

Act of 1902, the Bureau of Reclamation has developed water supply 

facilities that have contributed to sustained economic growth and 

an enhanced quality of life in the western states. Lands and communities served by Reclamation projects have been developed to 

meet agricultural, tribal, urban, and industrial needs. Reclamation 

continues to develop authorized facilities to store and convey new 

water supplies and is the largest supplier and manager of water in 

the 17 western states. Reclamation maintains 338 reservoirs with 

the capacity to store 245 million acre-feet of water. 

As Reclamation’s large impoundments and appurtenant facilities 

reach their design life, the projected cost of operating, maintaining, 

and rehabilitating Reclamation infrastructure continues to grow, 

63 

yet Reclamation has not budgeted funding sufficient to implement 

a comprehensive program to reduce its maintenance backlog. At 

the same time, Reclamation is increasingly relied upon to provide 

water supply to federally-recognized Indian Tribes through water 

settlements, rural communities through its Title I Rural Water 

Program, and municipalities through its Title XVI Water Reclamation and Reuse Program. Balancing these competing priorities will 

be challenging and requires active participation and leadership on 

the part of Reclamation and its technical staff. 

Reconsultation.—The Committee is aware that the Bureau of 

Reclamation initiated reconsultation on the biological opinions regarding the coordinated operations of the Central Valley Project 

and the California State Water Project. The Committee directs the 

Secretary of the Interior, acting through the Commissioner of Reclamation, in conjunction with the Director of the Fish and Wildlife 

Service (FWS), the Secretary of Commerce, and the Administrator 

of the National Marine Fisheries Service (NMFS), to ensure completion of the biological opinions by May 31, 2020, consistent with 

Section 4004 of the WIIN Act. Furthermore, the Committee requests the Secretary of the Interior submit to Congress a timeline 

and plan for the deployment of resources and staff to ensure the 

biological opinions are completed by the above date, as well as regular subsequent updates until the biological opinions are finalized. 

In addition, given the complexities surrounding this issue, the 

Committee strongly encourages the Secretary of the Interior to 

work with the Secretary of Commerce to develop a joint biological 

opinion, to the extent practicable, to minimize conflicts between potential reasonable and prudent alternatives/measures imposed by a 

biological opinion issued by FWS and a biological opinion imposed 

by NMFS. 

In its notice of intent dated December 29, 2017, the Bureau of 

Reclamation stated the purpose of this reconsultation is ‘‘to evaluate alternatives that maximize water deliveries and optimize marketable power generation consistent with applicable laws, contractual obligations, and agreements; and to augment operational flexibility by addressing the status of listed species.’’ The Committee 

supports these objectives. 

FISCAL YEAR 2019 BUDGET REQUEST AND COMMITTEE

RECOMMENDATION

The fiscal year 2019 budget request for the Bureau of Reclamation totals $1,049,025,000. The Committee recommendation totals 

$1,540,000,000, $70,500,000 above fiscal year 2018 and 

$490,975,000 above the budget request. 

A table summarizing the fiscal year 2018 enacted appropriation, 

the fiscal year 2019 budget request, and the Committee recommendation is provided below: 

(Dollars in thousands) 

Account FY 2018 

enacted 

FY 2019 

request Cmte rec. 

Water and Related Resources ................................................................................ $1,332,124 $891,017 $1,381,992 

Central Valley Project Restoration Fund ................................................................. 41,376 62,008 62,008 

California Bay-Delta Restoration ............................................................................ 37,000 35,000 35,000 

Policy and Administration ....................................................................................... 59,000 61,000 61,000 

64 

(Dollars in thousands) 

Account FY 2018 

enacted 

FY 2019 

request Cmte rec. 

Total, Bureau of Reclamation ........................................................................ 1,469,500 1,049,025 1,540,000 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, 2018 ............................................................................ $1,332,124,000 

Budget estimate, 2019 ....................................................................... 891,017,000 

Recommended, 2019 ........................................................................... 1,381,992,000 

Comparison: 

Appropriation, 2018 .................................................................... +49,868,000 

Budget estimate, 2019 ................................................................ +490,975,000 

The Water and Related Resources account supports the development, construction, management, and restoration of water and related natural resources in the 17 western states. The account includes funds for operating and maintaining existing facilities to obtain the greatest overall levels of benefits, to protect public safety, 

and to conduct studies on ways to improve the use of water and 

related natural resources. 

The budget request for this account and the approved Committee 

allowance are shown on the following table: 

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Central Valley Project, San Luis Unit, California.—The Committee is aware that Reclamation and the Western Area Power Administration are evaluating the possible construction of a transmission line to directly serve the San Luis Unit from the Central 

Valley Project system as an alternative to receiving service under 

the California Independent System Operator’s Tariff. The agencies 

are encouraged to continue to work together and with the affected 

Central Valley Project water contractors to ensure the most efficient and cost-effective process for implementation. 

Salton Sea, California.—The Committee supports the Memorandum of Understanding signed between the Department of the 

Interior and the California Natural Resources Agency to support 

management activities at the Salton Sea. 

Tualatin Project, Scoggins Dam, Oregon.—The Committee supports the budget request for preconstruction activities at Scoggins 

Dam under the Safety of Dams program. Consistent with existing 

authorities, the Committee encourages Reclamation to evaluate alternatives, including new or supplementary works, to address dam 

safety modifications and increased storage capacity provided that 

safety remains the paramount consideration. Considering the high 

risk associated with Scoggins Dam, the Committee urges Reclamation to work with local stakeholders and repayment contractors on 

this joint project, including feasibility and environmental review of 

the preferred alternative. The Committee has been told that a replacement structure downstream could significantly reduce project 

costs for both the federal government and local stakeholders. Reclamation may accept contributed funds from non-federal contractors to expedite completion of any level of review. 

Mni Wiconi Project, South Dakota.—Reclamation is directed to 

continue working with the Tribes and relevant federal agencies, 

such as the Department of Agriculture, the Environmental Protection Agency, the Bureau of Indian Affairs, the Indian Health Service, and the Department of Housing and Urban Development, to coordinate use of all existing authorities and funding sources to finish needed community system upgrades and connections, as well as 

any transfers of those systems, as quickly as possible. The Administration is encouraged to include appropriate funding for upgrades 

in future budget requests. 

Yakima River Basin Water Enhancement Project Integrated Plan, 

Washington.—The Committee is aware of the Integrated Plan that 

has been developed by the Yakima River Basin Water Enhancement Project Working Group, including the Bureau of Reclamation, 

to address water storage and water supply needs for agriculture, 

fish, and municipalities within the Yakima River Basin in Central 

Washington. The Committee is supportive of the Plan and encourages the Bureau to move forward on implementing authorized components of the Plan. 

Additional Funding for Water and Related Resources Work.—The 

recommendation includes funds in addition to the budget request 

for Water and Related Resources studies, projects, and activities. 

Priority in allocating these funds should be given to advance and 

complete ongoing work, including preconstruction activities and 

where environmental compliance has been completed; improve 

water supply reliability; improve water deliveries; enhance national, regional, or local economic development; promote job growth; 

75 

advance tribal and nontribal water settlement studies and activities; or address critical backlog maintenance and rehabilitation activities. Of the additional funding provided under the heading 

‘‘Water Conservation and Delivery’’, $134,000,000 shall be for water 

storage projects as authorized in section 4007 of Public Law 114– 

322. 

Not later than 45 days after the enactment of this Act, Reclamation shall provide to the Committees on Appropriations of both 

Houses of Congress a report delineating how these funds are to be 

distributed, in which phase the work is to be accomplished, and an 

explanation of the criteria and rankings used to justify each allocation. 

Reclamation is reminded that activities authorized under Indian 

Water Rights Settlements and under section 206 of Public Law 

113–235 are eligible to compete for the additional funding provided 

under ‘‘Water Conservation and Delivery’’. 

Research and Development: Desalination and Water Purification 

Program.—Of the funding provided for this program, $12,000,000 

shall be for desalination projects as authorized in section 4009(a) 

of Public Law 114–322. 

WaterSMART Program: Title XVI Water Reclamation & Reuse 

Program.—Of the funding provided for this program, $20,000,000 

shall be for water recycling and reuse projects as authorized in section 4009(c) of Public Law 114–322. 

Hydroelectric Dams.—The Committee has heard concerns about 

potential impacts to rural communities from proposals to remove 

hydropower-producing dams. The Committee directs that where 

Reclamation has a role in funding, carrying out, or approving the 

removal of a hydropower-producing dam, Reclamation shall, prior 

to taking any such action, study the environmental and fiscal impact of dam removal on the county or counties where the dams are 

located. 

WIIN Act Studies.—The Committee encourages Reclamation to 

continue to make progress on studies authorized in the WIIN Act. 

CENTRAL VALLEY PROJECT RESTORATION FUND

Appropriation, 2018 ............................................................................ $41,376,000 

Budget estimate, 2019 ....................................................................... 62,008,000 

Recommended, 2019 ........................................................................... 62,008,000 

Comparison: 

Appropriation, 2018 .................................................................... +20,632,000 

Budget estimate, 2019 ................................................................ – – – 

This fund was established to carry out the provisions of the Central Valley Project Improvement Act and to provide funding for 

habitat restoration, improvement and acquisition, and other fish 

and wildlife restoration activities in the Central Valley area of 

California. Resources are derived from donations, revenues from 

voluntary water transfers and tiered water pricing, and Friant Division surcharges. The account also is financed through additional 

mitigation and restoration payments collected on an annual basis 

from project beneficiaries. 

Within available funds, the Committee provides funding for programs and activities according to the Administration’s request. The 

Committee notes that the increase for this account in the budget 

request and recommendation is based on a three-year rolling average of collections, in accordance with the authorizing statute. 

76 

Anadromous Fish Screen Program.—The Committee has heard 

concerns about a potential disconnect between funding levels requested and ultimately allocated for the Anadromous Fish Screen 

Program. Reclamation is directed to submit to the Committees on 

Appropriations of both Houses of Congress not later than 90 days 

after the enactment of this Act, an account of the Anadromous Fish 

Screen Program funding level requested, allocated, and obligated, 

including specification of any administrative costs, from each funding source in each of the previous five fiscal years. The Committee 

encourages Reclamation to continue its focus on screening of the remaining high priority diversions from within funds made available 

under the Central Valley Project Restoration Fund in future budget 

requests. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, 2018 ............................................................................ $37,000,000 

Budget estimate, 2019 ....................................................................... 35,000,000 

Recommended, 2019 ........................................................................... 35,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥2,000,000 

Budget estimate, 2019 ................................................................ – – – 

The California Bay-Delta Restoration account funds the federal 

share of water supply and reliability improvements, ecosystem improvements, and other activities being developed for the Sacramento-San Joaquin Delta and associated watersheds by a state 

and federal partnership (CALFED). Federal participation in this 

program was initially authorized in the California Bay-Delta Environmental and Water Security Act enacted in 1996. 

POLICY AND ADMINISTRATION

Appropriation, 2018 ............................................................................ $59,000,000 

Budget estimate, 2019 ....................................................................... 61,000,000 

Recommended, 2019 ........................................................................... 61,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +2,000,000 

Budget estimate, 2019 ................................................................ – – – 

The Policy and Administration account provides for the executive 

direction and management of all Reclamation activities, as performed by the Commissioner’s office in Washington, D.C.; the Technical Service Center in Denver, Colorado; and in five regional offices. The Denver and regional offices charge individual projects or 

activities for direct beneficial services and related administrative 

and technical costs. These charges are covered under other appropriations. 

The Committee recommends that Reclamation work with all Reclamation states to ensure that counties and municipalities are 

aware of relevant programs and funding opportunities. 

ADMINISTRATIVE PROVISION

The bill includes an administrative provision allowing for the 

purchase of passenger motor vehicles. 

77 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 

The bill continues a provision regarding the circumstances in 

which the Bureau of Reclamation may reprogram funds. 

The bill continues a provision regarding the San Luis Unit and 

Kesterson Reservoir in California. 

The bill makes permanent a provision regarding aquifer recharge. 

The bill continues a provision regarding a feasibility study. 

The bill includes a provision regarding the San Joaquin River 

Restoration program. 

The bill continues a provision regarding instream flows. 

The bill includes a provision regarding pumped storage hydropower development. 

TITLE III—DEPARTMENT OF ENERGY 

INTRODUCTION

Funds recommended in Title III provide for all Department of 

Energy (DOE) programs, including Energy Efficiency and Renewable Energy; Cybersecurity, Energy Security, and Emergency Response; Electricity Delivery; Nuclear Energy; Fossil Energy Research and Development; Naval Petroleum and Oil Shale Reserves; 

the Strategic Petroleum Reserve; SPR Petroleum Account; the 

Northeast Home Heating Oil Reserve; the Energy Information Administration; Non-Defense Environmental Cleanup; the Uranium 

Enrichment Decontamination and Decommissioning Fund; Science; 

Nuclear Waste Disposal; Advanced Research Projects Agency—-Energy; Innovative Technology Loan Guarantee Program; Advanced 

Technology Vehicle Manufacturing Loans Program; Tribal Energy 

Loan Guarantee Program; Departmental Administration; Office of 

the Inspector General; the National Nuclear Security Administration (Weapons Activities, Defense Nuclear Nonproliferation, Naval 

Reactors, and Federal Salaries and Expenses); Defense Environmental Cleanup; Other Defense Activities; Defense Nuclear Waste 

Disposal; the Power Marketing Administrations; and the Federal 

Energy Regulatory Commission. 

COMMITTEE RECOMMENDATION

The Department of Energy has requested a total budget of 

$30,146,071,000 in fiscal year 2019 to fund programs in its four 

primary mission areas: science, energy, environment, and national 

security. The Department of Energy budget request is 

$4,373,978,000 below the fiscal year 2018 enacted level. 

Research and Development Policy.—The President’s budget request proposes to refocus the Department on an early-stage research and development mission. Early-stage research and development has an appropriate place in a balanced research portfolio. 

However, the Committee believes that a focus on only early-stage 

activities will forego the nation’s scientific capabilities in mediumand later-stage research and development and may not fully realize 

the technological advancements possible under the Department’s 

applied energy activities. The Committee provides funding to support a more comprehensive approach that includes medium and 

later-stage research, development, deployment, and demonstration 

78 

activities. The Department is expected to follow this comprehensive 

approach and expend funding in an expeditious manner, to include 

the issuance of funding opportunity announcements and awards of 

funds. 

Electricity Delivery and Energy Reliability.—The Committee 

notes that the budget request proposed to split the Electricity Delivery and Energy Reliability program into two new accounts: ‘‘Cybersecurity, Energy Security, and Emergency Response’’ and ‘‘Electricity Delivery’’. The Committee accepts this new account structure. The ‘‘Cybersecurity, Energy Security, and Emergency Response’’ account includes the subprograms ‘‘Cybersecurity for Energy Delivery Systems’’ and ‘‘Infrastructure Security and Energy 

Restoration’’. The ‘‘Electricity Delivery’’ account contains all other 

subprograms that were previously funded as part of the Electricity 

Delivery and Energy Reliability program. In addition, each account 

contains separate Program Direction funding. 

CONGRESSIONAL DIRECTION

Article I, section 9 of the United States Constitution states, ‘‘No 

money shall be drawn from the Treasury but in consequence of Appropriations made by law.’’ 

The Committee continues the Department’s reprogramming authority in statute to ensure that the Department carries out its 

programs consistent with congressional direction. This reprogramming authority is established at the program, project, or activity 

level, whichever is the most specific level of budget items identified 

in this Act and the Committee report accompanying the Act. The 

Committee also prohibits new starts through the use of reprogramming and includes other direction to improve public oversight of 

the Department’s actions. In addition, the recommendation continues a general provision specifying which transfer authorities 

may be used for accounts funded by this Act. The Committee recommendation includes a general provision that specifies the 

amount of funding that may be transferred from the Department’s 

accounts to the DOE working capital fund in aggregate, consistent 

with the authorities provided by section 653 of the Department of 

Energy Organization Act (42 U.S.C. 7263). 

FINANCIAL REPORTING AND MANAGEMENT

The Department still is not in compliance with its statutory requirement to submit to Congress, at the time that the President’s 

budget request is submitted, a future-years energy program that 

covers the fiscal year of the budget submission and the four succeeding years, as directed in the fiscal year 2012 Act. In addition, 

the Department has an outstanding requirement to submit a plan 

to become fully compliant with this requirement. 

Working Capital Fund.—The Committee recommends 

$274,833,000, the same as fiscal year 2018, for transfers to the 

fund in fiscal year 2019, after accounting for the shift of CyberOne 

activities to Departmental Administration. Guidelines for the Department’s working capital fund are provided in 42 U.S.C. 7263, 

which authorizes the use of the working capital fund for expenses 

necessary for the maintenance and operation of common administrative services. The use of the fund for cybersecurity is not specifically authorized and is not appropriate considering direct funding 

79 

is also requested and appropriated within funds for the Chief Information Officer within Departmental Administration. The Department shall include all funding required for CyberOne and other related cybersecurity needs in its budget request for Departmental 

Administration in future budget requests. 

Alleviation of Poverty.—In its fiscal year 2016 report, the Committee directed the Department to provide a report detailing all domestic and international projects and programs within its jurisdiction that contribute to the alleviation of poverty. The Department 

is encouraged to provide this report not later than 90 days after 

the enactment of this Act. 

Workplace Diversity.—The Committee recognizes the importance 

of workplace diversity in the Department of Energy’s national laboratories. The Committee encourages the Department to continue 

to develop and broaden partnerships with minority serving institutions, including Hispanic Serving Institutions, Historically Black 

Colleges and Universities, Asian and Pacific Islander Serving Institutions, Predominantly Black Institutions, Tribal Colleges, and 

other Minority Serving Institutions. The Committee notes that the 

fiscal year 2017 Act directed the Department to provide a detailed 

plan outlining efforts to recruit and retain diverse talent from the 

institutions mentioned above. The Department is encouraged to 

provide this plan not later than 90 days after the enactment of this 

Act. 

Public Access Plan.—The Committee appreciates the Department 

issuing its Public Access Plan on July 24, 2014. The Committee 

urges the Department to continue efforts towards full implementation of the plan and expects an update on progress be included in 

the fiscal year 2020 budget request. 

Improper Payments.—The Committee continues to be concerned 

that the Department is failing in its responsibility to ensure that 

its maintenance and operating contracts with incurred costs valued 

at billions of dollars per year are being audited appropriately and 

in a timely manner. The Department was directed in the fiscal year 

2015 Act to carry out a plan to improve its cost audit coverage, but 

has not reported any progress on issues identified by the DOE Inspector General (IG) associated with the Department’s cost audit 

coverage. The DOE IG continues to track nearly a billion dollars 

in potentially unallowable and unresolved amounts on DOE contracts. In May 2017, the Government Accountability Office (GAO) 

found that DOE does not use leading practices for managing fraud 

risks, such as data analytics, that can help agencies detect fraudulent spending or other improper payments. The GAO made six recommendations that remain open. Nevertheless, the Department 

claims that it had an industry leading low improper payment rate 

of 0.07% for fiscal year 2015, far below the government-wide improper payment rate of 4.8%. In claiming this figure, the Department is clearly not accounting for payments that it has simply 

failed to audit and resolve. It is also not evident that the Department is capturing data on payments made to its contractors that 

are later determined to be an unallowable cost. The Committee directs the Comptroller General to investigate the Department’s system of tracking unallowable, disputed, or improper payments and 

provide recommendations to improve the Department’s methodology for reporting accurate, representative, and meaningful data 

80 

on improper payments. Furthermore, the Department is directed to 

provide to the Committees on Appropriations of both Houses of 

Congress not later than 90 days after the enactment of this Act a 

plan for removing the Department of Energy from the GAO’s High 

Risk List for Fraud, Waste, and Abuse for its maintenance and operating contracts. This plan shall include actions to improve contract auditing and the tracking of meaningful data for fraud, waste, 

and abuse in its contracts. 

Supporting Information.—The Committee relies on a timely and 

accessible executive branch in the course of fulfilling its constitutional role in the appropriations process. The requesting and receiving of basic, factual information is vital in order to maintain a 

transparent and open governing process. The Committee recognizes 

that some discussions internal to the executive branch are predecisional in nature and, therefore, not subject to disclosure. However, access to facts, figures, and statistics that inform these decisions are not subject to this same sensitivity and are critical to the 

budget process. The Administration needs to ensure timely and 

complete responses to these inquiries. 

MANAGEMENT OF SPENT NUCLEAR FUEL AND DEFENSE WASTE

The Committee fully supports the Administration’s position to 

move forward with Yucca Mountain. The Department, together 

with the Nuclear Regulatory Commission (NRC), has repeatedly 

confirmed over the years that Yucca Mountain is a safe and secure 

location to permanently store the nation’s spent nuclear fuel and 

high-level radioactive waste. However, many more steps remain before Yucca Mountain begins to accept waste. The Department’s request restarts this process and brings the Department closer to fulfilling its legal obligation to take responsibility for storing the nation’s nuclear waste. The Committee appreciates the Department’s 

focus on Yucca Mountain and provides additional funds above the 

budget request to accelerate progress toward meeting the Department’s goals. 

To restart the adjudication of the Yucca Mountain license application, the Committee provides a total of $267,700,000, an increase 

of $100,000,000 above the budget request. Funding for Yucca is 

provided in the following three accounts: $190,000,000 for Nuclear 

Waste Disposal, $30,000,000 for Defense Nuclear Waste Disposal, 

and $47,700,000 within the NRC. 

COMMONLY RECYCLED PAPER

The Department shall not expend funds for projects that knowingly use as a feedstock commonly recycled paper that is segregated from municipal solid waste or collected as part of a collection system that commingles commonly recycled paper with other 

solid waste at any point from the time of collection through materials recovery. 

EDUCATIONAL ACTIVITIES

The Department is prohibited from funding fellowship and scholarship programs in fiscal year 2019 unless the programs were explicitly included in the budget justification or funded within this 

recommendation. Any new or ongoing programs that the DepartVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00080 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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ment chooses to fund in fiscal year 2019 must be detailed in the 

fiscal year 2019 budget justifications. 

PROJECT MANAGEMENT

The Committee notes that the Department is not meeting its 

statutory annual reporting requirements for its general plant 

projects. In addition, the Department has not been consistently reporting the details of its general plant projects across Departmental programs in its budget request. Not later than 60 days 

after the enactment of this Act, the Department shall provide to 

the Committees on Appropriations of both Houses of Congress a report on all general plant projects funded in fiscal years 2017, 2018, 

and 2019. The Department shall ensure that all general plant 

projects are clearly identified in the appropriate sections of its fiscal year 2020 budget request and that a full description with total 

costs is included for each project. 

REPROGRAMMING AND TRANSFER GUIDELINES

The Committee requires the Department to inform the Committee promptly when a change in program execution and funding 

is required during the fiscal year. The Department’s reprogramming requirements are detailed in statute. To assist the Department in this effort, the following guidance is provided for programs 

and activities. 

Definition.—A reprogramming includes the reallocation of funds 

from one activity to another within an appropriation. The recommendation includes a general provision providing internal reprogramming authority to the Department, as long as no program, 

project, or activity is increased or decreased by more than 

$5,000,000 or 10 percent, whichever is less, compared to the levels 

in the table detailing the Committee’s recommendations for the Department’s various accounts. For construction projects, a reprogramming constitutes the reallocation of funds from one construction project to another project or a change of $2,000,000 or 10 

percent, whichever is less, in the scope of an approved project. 

Criteria for Reprogramming.—A reprogramming should be made 

only when an unforeseen situation arises, and then only if delay of 

the project or activity until the next fiscal year would result in a 

detrimental impact to an agency program or priority. A reprogramming may also be considered if the Department can show that significant cost savings can accrue by increasing funding for an activity. Mere convenience or preference should not be a factor for consideration. A reprogramming may not be employed to initiate new 

programs or to change program, project, or activity allocations specifically denied, limited, or increased by the Congress in the Act or 

report. 

Reporting and Approval Procedures.—In recognition of the security missions of the Department, the legislative guidelines allow 

the Secretary and the Administrator of the National Nuclear Security Administration jointly to waive the reprogramming restriction 

by certifying to the Committees on Appropriations of both Houses 

of Congress that it is in the nation’s security interest to do so. The 

Department shall not deviate from the levels for activities specified 

in the report that are below the level of the detail table, except 

through the regular notification procedures of the Committee. No 

82 

funds may be added to programs for which funding has been denied. Any reallocation of new or prior-year budget authority or 

prior-year de-obligations, or any request to implement a reorganization that includes moving previous appropriations between appropriations accounts must be submitted to the Committees on Appropriations of both Houses of Congress in writing and may not be 

implemented prior to approval by the Committees. 

Transfers.—As in fiscal year 2018, funding actions into or out of 

accounts funded by this Act may only be made by transfer authorities provided by this or other appropriations Acts. 

COMMITTEE RECOMMENDATIONS 

The Committee’s recommendations for Department of Energy 

programs in fiscal year 2019 are described in the following sections. 

A detailed funding table is included at the end of this title. 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

Appropriation, 2018 ............................................................................ $2,321,778,000 

Budget estimate, 2019 ....................................................................... 695,610,000 

Recommended, 2019 ........................................................................... 2,078,640,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥243,138,000 

Budget estimate, 2019 ................................................................ +1,383,030,000 

Energy Efficiency and Renewable Energy (EERE) programs include research, development, demonstration, and deployment activities advancing energy efficiency and renewable energy technologies, as well as federal energy assistance programs. The EERE 

program is divided into three portfolios: sustainable transportation, 

renewable energy, and energy efficiency. The sustainable transportation portfolio, which consists of the vehicles, bioenergy, and hydrogen and fuel cell programs, advances the development of plugin electric and other alternative fuel vehicles, high-efficiency advanced combustion engines, and the replacement of oil with clean 

domestic transportation fuels. The renewable energy portfolio, 

which consists of the solar, wind, water, and geothermal programs, 

aims to develop innovative technologies to make renewable electricity generation cost competitive with traditional sources of energy. The energy efficiency portfolio, which consists of the advanced 

manufacturing, buildings, and federal energy assistance programs, 

seeks cost-effective solutions to reduce energy consumption in 

plants, buildings, and homes. 

The Committee encourages EERE to offer technical and other 

programmatic assistance to the Commonwealth of Puerto Rico to 

support investment in innovative technologies to effectively reduce 

power system emissions, efficiently treat wastewater, produce 

biofuels, and generate power from solid waste. In addition, the 

Committee also encourages EERE to assist Puerto Rico in assessing the viability and implementation of a subsea electric cable 

interconnection and the use of micro grids in order to reduce electricity rates. 

The Committee recognizes the importance of the Department’s 

work on the Energy-Water Nexus and as part of that effort, the 

Committee encourages the Department to enter into an interVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00082 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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departmental agreement with the Department of Agriculture for research that explores how to integrate ongoing research projects at 

the various national laboratories and the Agricultural Research 

Service to develop effective, deployable, energy- and water-efficient 

food production platforms, beginning in food-insecure communities 

across the country. By working together, DOE and the Department 

of Agriculture can bring respective strengths and resources to designing the most desirable low-cost and efficient production system. 

Zero Emissions Energy Credit.—The Committee notes that in the 

fiscal year 2018 Act the Department was directed to produce a report to evaluate the effects of a Zero Emissions Energy Credit. The 

Committee expects a timely delivery of the report. 

Energy Star.—The Committee supports the Department’s ongoing role in the Energy Star program and its current structure. In 

November 2017, the Environmental Protection Agency (EPA) requested feedback from Energy Star program stakeholders about 

how to improve the program by developing updated standard operating procedures (SOPs). The Department is directed to support the 

EPA’s efforts to reexamine Energy Star guidelines and SOPs to ensure transparency, predictability, and consistency for all stakeholders. 

SUSTAINABLE TRANSPORTATION

The Vehicle, Bioenergy, and Hydrogen and Fuel Cell Technologies programs fund activities that can reduce American exposure to future high oil prices. Research into cutting-edge technologies that will increase the fuel economy of gasoline and diesel 

fuel vehicles—the vast majority of today’s fleet will allow Americans to spend less on fuel while traveling the same distance. Research into next-generation automotive and fuel cell technologies 

that power vehicles with domestic energy sources such as natural 

gas, electricity, biofuels, and hydrogen can likewise dramatically 

lower the impact of future high gas prices on Americans. 

Vehicle Technologies.—Within available funds, the recommendation includes $130,000,000 for Batteries and Electric Drive Technology, of which $7,000,000 is to enable extreme fast charging and 

advanced battery analytics; $25,000,000 for Energy Efficient Mobility Systems; $25,000,000 for Materials Technology; $2,500,000 for 

Advanced Vehicle Competitions; and $20,000,000 to continue the 

SuperTruck II program to further improve the efficiency of heavyduty class 8 long- and regional-haul vehicles. The Committee also 

supports research and development to lower the cost of batteries 

for electric vehicles through cobalt-free materials and roll-to-roll 

manufacturing. 

The Committee directs the Department to continue to support 

the Clean Cities program, including providing competitive grants to 

support alternative fuel, infrastructure, and vehicle deployment activities. Within available funds, the recommendation provides 

$34,000,000 for Deployment through the Clean Cities Program. 

When issuing competitive grants in support of these activities, the 

Department is encouraged to focus on awards that range from 

$500,000 to $1,000,000 each and include at least one Clean Cities 

coalition partner. The Committee encourages the Department to 

ensure balance in the award of funds to achieve varied aims in fosVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00083 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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tering broader adoption of clean vehicles and installation of supporting infrastructure. 

Within available funds, the recommendation includes up to $15,000,000 for medium- and heavy-duty on-road natural gas engine research and development, including energy efficiency improvements, emission after-treatment technologies, fuel system enhancements, and new engine development. The recommendation 

also includes, within available funds, up to $10,000,000 to continue 

to support improving the energy efficiency of commercial off-road 

vehicles, including fluid power systems. 

The Committee is aware of the efforts to develop hyperloop 

transportation systems around the country, which have the potential to increase the energy efficiency of our nation’s transportation 

system. The Committee directs the Department to provide to the 

Committees on Appropriations of both Houses of Congress not later 

than 180 days after the enactment of this Act a report that models 

the demands on the electric grid and the overall energy consumption of the transportation sector of varying levels of network penetration of an interconnected hyperloop system. The report should 

include information about how these systems could be integrated 

into the electric grid and identify any technological constraints of 

the grid that must be addressed to allow the broad adoption of 

hyperloop technologies. 

Bioenergy Technologies.—Within available funds, $27,000,000 is 

for feedstock supply and logistics, of which $14,000,000 is for the 

national lab consortium and $5,000,000 is for upgrades at the Biomass Feedstock National User Facility to extend its capabilities 

and maximize benefits. The recommendation provides $32,000,000 

for algal biofuels, of which $2,000,000 is for further research and 

development activities to support carbon capture from the atmosphere (ambient air) using algae-to-energy technologies. 

Within available funds for Conversion Technologies, the rec- ommendation provides $20,000,000 to continue the Agile Biology 

Foundry and $5,000,000 to improve the efficiency of community 

and smaller digesters that accept both farm and food wastes. 

The Committee is appreciative ofμresearch the Bioenergy Technologies Office has supported regarding wet and gaseous waste 

streams in waste-to-energy projects. The Committee is interested in 

understanding how further research and development activities can 

support baseload power generation using municipal solid waste-toenergy technologies. The Department is reminded that the fiscal 

year 2018 Act required, not later than 180 days after the enactment of that Act, a report on research and development activities 

that can improve the economic viability of municipal solid wasteto-energy facilities. 

Hydrogen and Fuel Cell Technologies.—Within available funds, 

$2,000,000 is for the EERE share of the integrated hybrid energy 

systems work with the Office of Nuclear Energy and $7,000,000 is 

to enable integrated energy systems using high and low temperature electrolyzers with the intent of advancing the H2@Scale concept. 

The Committee recognizes the progress of the program and continues support for stationary, vehicle, motive, and portable power 

applications of this technology. The Department is encouraged to 

explore technologies that advance novel onboard hydrogen tank 

85 

systems and trailer delivery systems, and that reduce the cost and 

improve the performance of hydrogen generation and storage systems. The Department is encouraged to work with the Department 

of Transportation on coordinating supporting hydrogen fueling infrastructure. 

The Committee recognizes the need to support the development 

of alternative fueling infrastructure for U.S. consumers. Accordingly, the Department is encouraged to collaborate with the National Institute of Standards and Technology to allow accurate 

measurement of hydrogen at fueling stations. 

RENEWABLE ENERGY

The Solar Energy, Wind Energy, Water Power, and Geothermal 

Technologies programs fund applied research, development, and 

demonstration to reduce the cost of renewable energy to economically competitive levels. Research into innovative technologies, such 

as photovoltaic and concentrating solar technologies, offshore wind, 

hydropower, and ground heat, can expand energy production from 

our domestic resources and reduce our dependence on foreign oil. 

Solar Energy.—The Committee encourages the Department to research high efficiency thin-film photovoltaics and processes for 

high-speed, low-cost processing to produce stable materials on flexible substrates that can be used in residential and commercial 

power and be integrated into buildings, vehicles, and food production. Research programs are encouraged to include cooperation between industry and academia and to include advanced optical characterization that enables development of strong correlations between materials, cell optical properties, and the photovoltaic power 

performance of the working solar cells. The Committee also encourages the Department to find ways to expand access to solar energy 

to residences and businesses in low-income communities. 

The Committee encourages the Department to prioritize research 

that seeks to improve photovoltaic cell technologies, overcome grid 

integration challenges, and reduce the costs of solar adoption. 

Wind Energy.—Within available funds, the recommendation provides up to $5,000,000 for LCOE reduction, domestic manufacturing, and lowering market barriers for distributed wind systems, 

including small wind for rural homes and farms. The recommendation provides $1,000,000 for the Wind for Schools program. 

The Committee supports wind energy research, development, and 

testing activities at the Department and recommends not less than 

$7,000,000 for these activities. The Department is encouraged to allocate this funding to perform experimental testing, including 

aeroacoustics, and any required equipment and instrumentation, to 

validate high-fidelity wind plant models, and to develop wind plant 

controls in support of the Department’s Atmosphere to Electrons 

(A2e) initiative. The Department is encouraged to leverage existing 

partnerships and expand research collaboration with industry, national laboratories, and academia, especially in the areas of hybrid 

wind system control and optimization, wind turbine capability enhancement to increase grid reliability and resilience, and R&D activities, including cyber security, under the guidance of the Grid 

Modernization Initiative. 

The Committee continues to support wind activities with large 

generation potential. As such, the Committee urges the DepartVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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ment to prioritize offshore wind technologies that address the 

unique opportunities and issues across the nation’s waterways, 

such as high winds, icing, and deep water. In addition, the Committee encourages the Department to continue its work in advancing innovative technologies for offshore wind development, including freshwater, deepwater, shallow water, and transitional depth 

installations. 

The Committee supports the efforts by the Department to establish an offshore wind research and development consortium. 

Water Power.—Within available funds, the recommendation pro- vides $59,000,000 for marine and hydrokinetic technology research, 

development, and deployment activities, including research into 

mitigation of marine ecosystem impacts of these technologies. The 

Committee directs the Department to continue development of the 

open-water wave energy test facility with previously provided 

funds. The Committee directs the Department to continue competitive solicitations to increase energy capture, reliability, and survivability at lower costs for a balanced portfolio of wave and current 

(ocean, river, tidal) energy conversion systems and components. 

The Committee expects the Department to continue to support collaborations between the previously designated Marine Renewable 

Energy Centers and the national laboratories, including personnel 

exchanges, to support research, development, and deployment of 

marine energy components and systems. In addition, the Department is directed to continue its coordination with the U.S. Navy on 

marine energy technology development for national security applications at the Wave Energy Test Site and other locations. 

The recommendation provides $26,000,000 for conventional hydropower, of which $6,600,000 is for the purposes of section 242 of 

the Energy Policy Act of 2005. Within available funds for hydropower, $10,000,000 is recommended for a competitive funding opportunity for industry-led research, development and deployment of 

cross-cutting energy converter technologies for run-of-river and 

tailrace applications to better utilize underdeveloped low-head and 

other hydropower resources. 

ENERGY EFFICIENCY

The Advanced Manufacturing, Building Technologies, Federal 

Energy Management, and Weatherization and Intergovernmental 

programs advance cost-effective solutions to reduce energy consumption through increased efficiency. Research into cutting-edge 

technologies that enhance manufacturing processes; develop advanced materials; and reduce energy use in buildings, homes, and 

factories can serve the national interest by greatly reducing our energy needs, while also giving American manufacturers an advantage to compete in the global marketplace. 

The Committee encourages the Department to plan a workshop 

to explore ways to improve the adoption rate of energy efficient 

technologies. 

Advanced Manufacturing.—Within available funds, the recommendation provides $80,000,000 for Advanced Manufacturing 

Research and Development Projects; not less than $4,205,000 for 

improvements in the steel industry; $20,000,000 for process informed science, design, and engineering of materials and devices 

operating in harsh environments; $5,000,000 for research into the 

87 

materials and manufacturing process development of high-strength, 

light-weight nano-crystalline metal alloys; and $5,000,000 for process-informed catalyst science to direct chemical reactions in fullscale industrial manufacturing processes and to develop new industrial product applications. The recommendation provides $56,000,000 for four Clean Energy Manufacturing Innovation (CEMI) Institutes, $25,000,000 for the 

Critical Materials Institute, and $20,000,000 for the Manufacturing 

Demonstration Facility (MDF) and the Carbon Fiber Test Facility. 

Within available funds for the MDF, up to $5,000,000 is for the development of additive systems and automation technologies that 

have the potential to deposit multiple materials allowing for hybrid 

material solutions. In addition, the Committee supports the Department’s ongoing efforts to work on bio-based composites, bio-derived materials, and nano/microcellulose research. The Committee 

supports the budget request for Research and Development Consortia to conduct early-stage research and development in high priority areas and also supports early-stage research in materials, 

process knowledge, and applications of modeling and simulation 

relevant to energy in manufacturing. The recommendation provides 

no funding for the Energy-Water Desalination Hub. 

The Committee notes that drying processes consume approximately 10 percent of the process energy used in the manufacturing 

sector. The recommendation provides up to $10,000,000 to support 

research and development efforts to improve the efficiency of drying processes. 

Building Technologies.—The Committee encourages the Department to continue work on transactive controls for the integration 

of buildings, the grid, and renewable energy assets, including 

photovoltaics, and encourages the continuation of this work. Within 

available funds, the recommendation includes up to $25,000,000 for 

transactive controls research and development, of which $5,000,000 

is to continue promoting regional demonstrations of new, utility-led 

residential connected communities for advancing smart grid systems; $28,000,000 for Commercial Buildings Integration; 

$23,000,000 for Residential Buildings Integration; and $25,000,000 

for solid state lighting. If the Secretary finds solid-state lighting 

technology eligible for the twenty-first century lamp prize, specified 

under section 655 of the Energy Independence and Security Act of 

2007, $5,000,000 is provided in addition to funds recommended for 

lighting research and development. 

Within the Residential Buildings Integration program, the Committee encourages the Department to support industry teams to facilitate research, demonstrate and test new systems, and facilitate 

widespread deployment through direct engagement with builders, 

the construction trades, equipment manufacturers, smart grid technology and systems suppliers, integrators, and State and local governments. 

The Committee appreciates the Department’s work in the area of 

mass composite timber technology and high performance building 

insulation and sensor technologies. 

The Committee notes that natural gas plays an important role in 

meeting the energy needs of U.S. homes and commercial buildings. 

The Committee encourages the Department to explore research and 

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pliances to meet consumer demand for high efficiency and environmentally friendly products. The Committee recommends up to $20,000,000 for research, development, and market transformation programs on energy efficiency efforts related to the direct use of natural gas in residential 

applications, including gas heat pump heating and water heating, 

on-site combined heat and power, and natural gas appliance venting. 

The Committee urges the Department to examine how on-site renewable generation and energy efficiency measures can combine to 

meet state energy code objectives. 

Weatherization and Intergovernmental Programs.—The Committee directs the Department to prioritize a timely distribution of 

Weatherization Assistance Program funds. The Committee recognizes that many individuals who would otherwise be eligible for the 

Weatherization Assistance Program have homes with structural deficiencies which preclude them from participating. The Department 

is directed to provide to the Committees on Appropriations of both 

Houses of Congress a briefing on the kinds of information that is 

collected from grantees and the potential for collecting additional 

information that discusses the kinds of structural deficiencies that 

make homes ineligible for the program. 

CORPORATE SUPPORT

The Program Direction, Strategic Programs, and Facilities and 

Infrastructure budgets provide the necessary resources for program 

and project management across all of EERE’s technology programs, 

for the adoption of technologies to market, and for the operation 

and upkeep of the National Renewable Energy Laboratory. 

Strategic Programs.—The Department is encouraged to work 

with 2-year, public community and technical colleges on job training programs that lead to an industry-recognized credential in the 

energy workforce. 

CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY RESPONSE

Appropriation, 2018 ............................................................................ $– – – 

Budget estimate, 2019 ....................................................................... 95,800,000 

Recommended, 2019 ........................................................................... 146,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +146,000,000 

Budget estimate, 2019 ................................................................ +50,200,000 

The Cybersecurity, Energy Security, and Emergency Response 

program leads the Department’s efforts to secure the nation’s energy infrastructure against all hazards, reduce the risks of and impacts from cyber events, and assist with restoration activities. A reliable and resilient power grid is critical to the nation’s economic 

competitiveness and leadership. 

After adjusting for the account structure changes proposed in the 

President’s request, the recommendation is $49,971,000 above the 

fiscal year 2018 enacted level for these activities. 

The Committee places a high priority on ensuring the protection 

of the grid against cyberattacks and extreme weather events. The 

Committee appreciates the Department’s enhanced focus on these 

activities. Many different actors, governmental and private, play a 

role in preventing and responding to threats to the nation’s energy 

89 

infrastructure. The Committee expects the Department to continue 

coordinating its efforts with all stakeholders to ensure the highest 

priority areas are being addressed effectively in its ongoing efforts 

to protect the grid. 

Within available funds for Cybersecurity for Energy Delivery Systems, $10,000,000 is for research and development on concepts 

to simplify and isolate automated systems and remove 

vulnerabilities that could allow unauthorized access to the grid 

through digital software systems. 

ELECTRICITY DELIVERY

Appropriation, 2018 ............................................................................ $– – – 

Budget estimate, 2019 ....................................................................... 61,309,000 

Recommended, 2019 ........................................................................... 175,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +175,000,000 

Budget estimate, 2019 ................................................................ +113,691,000 

The Electricity Delivery program advances technologies and provides operational support to increase the efficiency and technological advancement of the nation’s electricity delivery system. The 

power grid employs aging technologies at a time when power demands and the deployment of new intermittent technologies are 

imposing new stresses on the system. The Electricity Delivery program aims to develop a modern power grid by advancing resilient 

power distribution systems, intelligent and high-efficiency grid 

components, and energy storage systems. 

After adjusting for the account structure changes proposed in the President’s request, the recommendation is $22,700,000 above the 

fiscal year 2018 enacted level for these activities. 

Within available funds for Resilient Distribution Systems, $7,000,000 is provided for university-based research and development of sensing, intelligent machines in the Internet of Things and 

their integration into the utility grid. The Committee supports investments to bring together the national laboratories’ micro grid 

capabilities to provide the most advanced set of micro grid research, development, and experimentation capabilities for developing grid solutions from fundamental research to evaluation, design, and decision support. 

The Committee supports energy storage projects that fully assess 

and demonstrate a portfolio of energy storage systems at grid relevant scales and maximize the value stream of these technologies 

to deliver tangible benefits across the operations, energy delivery, 

environmental, and financial sectors of the utility industry. 

Within available funds for Energy Storage, the Department is encouraged to launch a new initiative aimed at aggressively driving 

down costs and improving the performance of a diverse set of gridscale storage technologies. The program will build off the Department’s prior research and development efforts in storage; include a 

suite of technologies capable of providing storage-like functions; 

and focus R&D efforts on technical, regulatory, and market issues 

necessary to achieve both existing grid-scale storage cost and performance targets, as well as targets for increased grid reliability, 

resiliency, or others as appropriate. The Electricity Delivery program is urged to coordinate its efforts with the Office of Science 

and EERE to ensure this new initiative best leverages the storage 

90 

work being conducted within the Basic Energy Sciences program of 

the Office of Science and programs within EERE where appropriate. Low cost grid-scale energy storage technologies are critical 

to improving grid resiliency, reliability, security, and the successful 

integration of a broad range of generation sources. 

The Committee notes the potential benefits that high power, high 

capacity batteries can provide for increased energy resilience in the 

face of adverse events and increasing deployments of intermittent 

technologies. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 

180 days after the enactment of this Act a report on the potential 

use of next generation, high capacity and high power batteries in 

our energy system. 

The Department is directed to continue the ongoing work between the national laboratories, industry, and universities to improve grid reliability and resiliency through the strategic goals of 

the Grid Modernization Initiative. The Committee encourages the 

Department to include all applied energy programs to ensure broad 

energy system resilience and modernization. In addition, the Committee supports the strategic goals of the Grid Modernization Laboratory Consortium and supports continued implementation of the 

Grid Multi-year Program Plan. The plan should include an emphasis on national grid resilience modeling and improved grid cyber resilience. 

The Committee is supportive of establishing a shared platform 

for understanding the interconnectedness of the North American 

grid, but lacks details on cost estimates for these efforts. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after the 

enactment of this Act a report describing the activities and costs 

necessary to achieve a North American grid model. Within available funds the Department may build upon existing tools and modeling work done at the Department to explore a shared modeling 

platform across the national laboratories. 

The Committee supports the Department’s involvement in the 

grid restoration effort in Puerto Rico and encourages the Department to continue to provide technical assistance as Puerto Rico 

works to rebuild its energy infrastructure. In addition, the Electricity Delivery program is encouraged to collaborate with EERE to 

offer assistance in assessing the viability and implementation of a 

subsea electric cable interconnection and the use of micro grids in 

order to reduce electricity rates. 

The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days 

after the enactment of this Act a report on the potential of dynamic 

line rating systems to address transmission congestion management and improve grid reliability and resiliency. The report should 

contain an analysis of the technologies needed to support dynamic 

line rating and any generation technologies that may benefit or be 

disadvantaged by implementing a dynamic line rating scheme. 

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NUCLEAR ENERGY

Appropriation, 2018 ............................................................................ $1,205,056,000 

Budget estimate, 2019 ....................................................................... 757,090,000 

Recommended, 2019 ........................................................................... 1,346,090,000 

Comparison: 

Appropriation, 2018 .................................................................... +141,034,000 

Budget estimate, 2019 ................................................................ +589,000,000 

Nuclear power generates approximately one-fifth of the nation’s 

electricity and will continue to be an important base-load energy 

source in the future. The Department of Energy’s Nuclear Energy 

(NE) program invests in research, development, and demonstration 

activities that develop the next generation of clean and safe reactors, further improve the safety of our current reactor fleet, and 

contribute to the nation’s long-term leadership in the global nuclear power industry. 

NUCLEAR ENERGY RESEARCH AND DEVELOPMENT

Nuclear Energy Enabling Technologies.—Within available funds, 

$50,000,000 is for Crosscutting Technology Development, of which 

$10,000,000 is for work on advanced sensors and instrumentation 

and $10,000,000 is for hybrid energy systems; $50,000,000 is for 

the Nuclear Science User Facilities, of which $10,000,000 is for nuclear energy computation system and support; $40,000,000 is for 

Nuclear Energy Advanced Modeling and Simulation, of which 

$6,000,000 is for MW-scale reactor modeling and simulation; and 

$24,300,000 is for the Energy Innovation Hub. The Department is 

directed to continue to treat the Energy Innovation Hub and the 

Nuclear Energy Advanced Modeling and Simulation programs as 

separate funding activities. 

Integrated University Program.—The Committee recommends 

$5,000,000 to continue the Integrated University Program, which is 

critical to ensuring the nation’s nuclear science and engineering 

workforce in future years. 

Reactor Concepts Research, Development, and Demonstration.— 

Within available funds, $100,000,000 is for Advanced Small Modular Reactor Research and Development to support technical, firstof-its-kind engineering and design and regulatory development of 

next generation light water and non-light water small modular reactors, including $10,000,000 for seismic analysis; $155,000,000 is 

for Advanced Reactor Technologies, of which $34,000,000 is for fuel 

and graphite qualification, $22,000,000 is to complete the federal 

share of the two performance-based advanced reactor concepts, and 

$20,000,000 is for MW-scale reactor research and development; and 

$65,000,000 is for research and development to support efforts to 

develop a versatile fast test reactor. In support of the current fleet 

of reactors as they continue to ensure safe and reliable operations, 

the Committee includes $50,000,000 for the Light Water Reactor 

Sustainability program. 

The Department is encouraged to build upon the success of the 

advanced reactor concepts program and explore ways to support research and development that would enable non-light water reactor 

demonstrations by the mid to late 2020s. 

The Department shall continue to work with the National Aeronautics and Space Administration (NASA) to ensure an adequate 

92 

supply of plutonium-238 is available for future NASA space exploration missions. 

Fuel Cycle Research and Development.—Within available funds, 

the recommendation provides $128,559,000 for the Advanced Fuels 

Program, of which not less than $55,600,000 is to continue the participation of three industry-led teams of the cost shared research 

and development program on Accident Tolerant Fuels; not less 

than $20,000,000 is to support accident tolerant fuels development 

at the national laboratories and other facilities, including at the 

Advanced Test Reactor, the Transient Reactor Test Facility, and 

the Halden reactor; $3,000,000 is to continue research on ceramic 

cladding; and $15,000,000 is for additional support of capability development of transient testing, including test design, modeling, and 

simulation. The Committee notes that continued operation of the 

Advanced Test Reactor, the Transient Reactor Test Facility, and 

the Halden Reactor are critical to the success of the Accident Tolerant Fuels program and should be preserved. Within available 

funds, the recommendation provides $50,000,000 for Material Recovery and Waste Form Development, of which $7,000,000 is for 

joint fuel cycle studies and up to $20,000,000 is for highly enriched 

uranium recovery preparation and testing to support needs for high 

assay low enriched uranium. 

The recommendation provides $62,500,000 to continue generic 

Used Nuclear Fuel Disposition research and development activities. 

The Department is directed to provide to the Committees on Appropriations of both Houses of Congress a report on how electromagnetic technologies can be used to remediate nuclear waste. The 

report shall evaluate the scientific basis for these technologies, the 

effects on nuclear waste and storage in the United States, the benefit to the nuclear power industry, and the implications for national 

security. The Committee is aware of the Department’s ongoing research and development efforts regarding the safe transportation of 

spent nuclear fuel and encourages the Department to continue this 

important work to ensure that this fuel can be safely moved at the 

earliest opportunity. 

IDAHO FACILITIES MANAGEMENT

INL Operations and Infrastructure.—Within available funds, the 

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

IDAHO SITEWIDE SAFEGUARDS AND SECURITY

Idaho Sitewide Safeguards and Security.—Within available 

funds, the recommendation includes $10,000,000 to construct a protective forces building at the ATR complex that will meet the needs 

for expanded protective force and security operations under the Department’s new Design Basis Threat but that will not exceed a 

total project cost of $10,000,000. 

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FOSSIL ENERGY RESEARCH AND DEVELOPMENT

Appropriation, 2018 ............................................................................ $726,817,000 

Budget estimate, 2019 ....................................................................... 502,070,000 

Recommended, 2019 ........................................................................... 785,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +58,183,000 

Budget estimate, 2019 ................................................................ +282,930,000 

Fossil energy resources, such as coal, oil, and natural gas, generate approximately 63 percent of the nation’s electricity and will 

continue to provide for the majority of our needs for the foreseeable 

future. The Fossil Energy Research and Development program 

funds research, development, and demonstration activities to improve existing technologies and to develop next-generation systems 

in the full spectrum of fossil energy areas. At a time when fossil 

fuel power generation is expanding around the globe, the activities 

funded within this program advance our nation’s position as a leader in fossil energy technologies and ensure that we use the full extent of our domestic resources safely and efficiently. 

COAL—CCS AND POWER SYSTEMS

The Department is directed to use funds from Coal CCS and 

Power Systems for both coal and natural gas research and development as it determines to be merited, as long as such research does 

not occur at the expense of coal research and development. The recommendation provides $25,000,000 to continue to support 

the solicitation for two large-scale pilots that focus on transformational coal technologies that represent a new way to convert 

energy to enable a step change in performance, efficiency, and the 

cost of electricity compared to today’s technologies. Such technologies include thermodynamic improvements in energy conversion and heat transfer, such as pressurized oxygen combustion and 

chemical looping, and improvements in carbon capture systems 

technology. In making the awards for large-scale pilots, the Department should prioritize entities that have previously received funding for these technologies at the lab and bench scale. 

Within available funds for Coal CCS and Power Systems, the 

Committee supports new solicitations for Front-End Engineering 

and Design studies on projects that generate emissions suitable for 

utilization or storage. In addition, the Committee recommends research and development, as well as pilot scale activities, that will 

improve the performance, reliability, and efficiency of both new and 

existing fossil fuel fired power plants. 

Consistent with direction provided in fiscal year 2018, the Committee does not support the closure of any National Energy Technology Laboratory (NETL) site and provides no funds to plan, develop, implement, or pursue the consolidation or closure of any of 

the NETL sites. 

The Committee supports the integrated carbon and energy management activities of NE and EERE and provides $2,000,000 for 

Hybrid Carbon Conversion activities within Fossil Energy. 

Carbon Capture.—The Department is directed to explore carrying 

out a prize competition to advance the research, development, or 

commercialization of technologies that capture, sequester, or utilize 

carbon from coal. The Committee encourages the Department to 

focus its efforts on improving the efficiency and decreasing the 

94 

costs of carbon capture technologies, demonstrating carbon capture 

technologies, and identifying how these technologies can be integrated with business models and operations. This focus includes 

small- and large-scale pilot testing of technologies moving through 

the program pipeline and retrofit activities on the existing fleet. 

Carbon Storage.—The Committee supports the past work of the 

Regional Carbon Sequestration Partnerships (RCSPs) in advancing 

future technologies for enhanced oil recovery, mineral resource extraction, and gaining deep subsurface knowledge through continued 

research. The Committee believes the Department should undertake measures to preserve, share, and advance the state of knowledge gained through these programs, which will provide the necessary information to strengthen platforms for industry adoption. 

Within available funds for Storage Infrastructure, the Committee 

provides up to $30,000,000 to support the CarbonSAFE initiative 

in which the RCSPs are eligible to participate. The Department is 

encouraged to continue activities that promote the use and reuse 

of captured carbon from both the power and industrial sectors. In 

addition, the Committee encourages the Department to support 

non-geologic utilization activities within the Carbon Use and Reuse 

program, including biological utilization by algae and other microorganisms. 

Advanced Energy Systems.—Within available funds, $30,000,000 

is for Solid Oxide Fuel Cells to focus on hydrogen production and 

storage as well as research and development to enable efficient, 

cost-effective electricity generation with minimal use of water and 

the use of abundant domestic coal and natural gas resources with 

near-zero atmospheric emissions of CO2 and pollutants. Moreover, 

central power generation applications of solid oxide fuel cells can 

be integrated with carbon capture and storage efforts to contribute 

to a secure energy future. The Department is directed to provide 

to the Committees on Appropriations of both Houses of Congress 

not later than 180 days after the enactment of this Act a report on 

the status of the Solid Oxide Fuel Cell Program. The report shall 

include a discussion of the technological achievements of the program, including lessons learned, and a discussion of the technical 

requirements to achieve the remaining goals of the program. 

The Committee urges the Department to fund research and development activities to improve the efficiency of gas turbines used 

in power generation systems, working cooperatively with industry, 

universities, and other appropriate parties. The Committee recognizes the abundance of domestic coal and its potential to be a significant primary energy source for the production of liquid fuels. 

Within available funds, the Department is directed to support research and development that focuses on expanding the Department’s external agency activities to develop and test advanced concept coal to liquid fuels technologies. Within available funds, 

$37,000,000 is for transformative power generation to improve the 

efficiency, reliability, and flexible operations of both new and existing plants. The Department is directed to focus on advanced coal 

technologies that are applicable to retrofit technologies and modular coal technologies that are capable of distributed generation, 

represent maximum efficiency improvements over the current average fleet, incorporate advanced emissions control systems, and are 

economically competitive. 

95 

Crosscutting Research.—Within available funds, the recommendation provides up to $2,500,000 to research low-temperature microwave plasma technology that converts domestic coal into 

high-performance carbon materials, and $20,000,000 for the Advanced Ultrasupercritical Program to fabricate, qualify, and develop domestic suppliers capable of producing components from 

high temperature materials. 

NETL Coal Research and Development.—The recommendation 

includes $20,000,000 for the Department to continue its ongoing external agency activities to develop and test advanced separation 

technologies and accelerate the advancement of commercially viable technologies for the recovery of rare earth elements and minerals from U.S. coal and coal byproduct sources. The Committee expects research to support pilot-scale and experimental activities for 

near-term application. 

Supercritical Transformational Electric Power (STEP) Generation.—Within available funds, the recommendation provides $16,700,000, consistent with the original scope of work, to fully 

fund the Department’s cost share portion to design, construct, and 

operate a 10-MW pilot. The recommendation provides an additional 

$5,730,000 for competitively-awarded research and development activities, coordinated with EERE and NE, to advance the use of 

supercritical power cycles. 

NATURAL GAS TECHNOLOGIES

Research.—Within available funds, the recommendation provides $9,000,000 for Environmentally Prudent Development and 

$5,200,000 for the Risk Based Data Management System. The Department is encouraged to explore technologies that curtail methane gas emissions from flaring and venting in shale formations. 

UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES

The Committee supports the Department’s continued investment 

into research and development on unconventional fossil energy 

technologies. These investments will help the United States maximize the benefits of its abundant unconventional natural gas liquids production. 

The Committee recognizes the Department’s ongoing efforts to 

support research into the exploration for and development of 

emerging unconventional oil and gas reservoirs. The Committee encourages continued efforts to characterize emerging unconventional 

reservoirs and to emphasize geographic areas where geological conditions are optimal for the generation and accumulation of economically significant amounts of oil or gas in the geological formations being studied. The Committee further encourages a focus of 

available resources on potential unconventional reservoirs for 

which there exist limited amounts of data rather than well-known 

existing reservoirs. The Committee provides $15,000,000 for Unconventional Field 

Test Sites. 

The Committee is pleased with the Department’s progress to 

date on studying the volatility of crude oil from the Bakken Shale 

in North Dakota and accurately assessing and characterizing volatility before transporting. The Committee directs the Department 

to continue this research in partnership with the Department of 

96 

Transportation to improve the safety of crude oil transported by 

rail in this country. 

NETL INFRASTRUCTURE

Within available funds, the recommendation provides $5,500,000 

for NETL’s Supercomputer, Joule. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

Appropriation, 2018 ............................................................................ $4,900,000 

Budget estimate, 2019 ....................................................................... 10,000,000 

Recommended, 2019 ........................................................................... 10,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +5,100,000 

Budget estimate, 2019 ................................................................ – – – 

The Naval Petroleum and Oil Shale Reserves no longer serve the 

national defense purpose envisioned in the early 1900’s, and consequently the National Defense Authorization Act for fiscal year 

1996 required the sale of the Government’s interest in the Naval 

Petroleum Reserve 1 (NPR–1). To comply with this requirement, 

the Elk Hills field in California was sold to Occidental Petroleum 

Corporation in 1998. Following the sale of Elk Hills, the transfer 

of the oil shale reserves, and transfer of administrative jurisdiction 

and environmental remediation of the Naval Petroleum Reserve 2 

(NPR–2) to the Department of the Interior, the Department retained one Naval Petroleum Reserve property, the Naval Petroleum 

Reserve 3 (NPR–3) in Wyoming (Teapot Dome field). The Department issued a disposition plan for NPR–3 in June 2013 and began 

implementation of the plan in fiscal year 2014. Transfer of NPR– 

3 to a new owner occurred in fiscal year 2015. 

STRATEGIC PETROLEUM RESERVE

Appropriation, 2018 ............................................................................ $252,000,000 

Budget estimate, 2019 ....................................................................... 175,105,000 

Recommended, 2019 ........................................................................... 252,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +76,895,000 

The mission of the Strategic Petroleum Reserve is to store petroleum to reduce the adverse economic impact of a major petroleum 

supply interruption to the U.S. and to carry out obligations under 

the international energy program. 

The recommendation includes funding to address facilities development and operations, including physical security and cavern integrity, and to maintain 1,000,000 barrels of gasoline blendstock in 

the Northeast Gasoline Supply Reserve. The recommendation includes legislative language to direct the Secretary to draw down 

and sell crude oil from the Strategic Petroleum Reserve, with proceeds to be deposited into the Energy Security and Infrastructure 

Modernization Fund for use in carrying out the Life Extension II 

project. This drawdown and use of proceeds is in accordance with 

section 404 of the Bipartisan Budget Act of 2015. 

97 

SPR PETROLEUM ACCOUNT

Appropriation, 2018 ............................................................................ $8,400,000 

Budget estimate, 2019 ....................................................................... – – – 

Recommended, 2019 ........................................................................... 10,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +1,600,000 

Budget estimate, 2019 ................................................................ +10,000,000 

The SPR Petroleum Account funds Strategic Petroleum Reserve 

acquisition, transportation, and drawdown activities. The fiscal 

year 2019 budget request proposes to draw down and sell one million barrels of SPR crude oil to fund the costs of drawdown operations related to statutorily-directed sales. Instead, the recommendation provides discretionary appropriations for this purpose. 

NORTHEAST HOME HEATING OIL RESERVE

Appropriation, 2018 ............................................................................ $6,500,000 

Budget estimate, 2019 ....................................................................... 10,000,000 

Recommended, 2019 ........................................................................... 10,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +3,500,000 

Budget estimate, 2019 ................................................................ – – – 

The acquisition and storage of heating oil for the Northeast 

began in August 2000 when the Department of Energy, through 

the Strategic Petroleum Reserve account, awarded contracts for the 

lease of commercial storage facilities and acquisition of heating oil. 

The purpose of the reserve is to assure home heating oil supplies 

for the Northeastern States during times of very low inventories 

and significant threats to the immediate supply of heating oil. The 

Northeast Home Heating Oil Reserve was established as a separate 

entity from the Strategic Petroleum Reserve on March 6, 2001. 

ENERGY INFORMATION ADMINISTRATION

Appropriation, 2018 ............................................................................ $125,000,000 

Budget estimate, 2019 ....................................................................... 115,035,000 

Recommended, 2019 ........................................................................... 125,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +9,965,000 

The Energy Information Administration is a quasi-independent 

agency within the Department of Energy established to provide 

timely, objective, and accurate energy-related information to the 

Congress, the executive branch, state governments, industry, and 

the public. 

The Committee encourages the Department to continue important data collection, analysis, and reporting activities on energy use 

and consumption, including the Commercial Buildings Energy Consumption Survey, and the Residential Buildings Energy Consumption Survey. 

The Committee notes that while the Energy Information Administration website does provide information for Puerto Rico and the 

other territories in its State Profiles section, the information furnished for Puerto Rico is not as detailed nor as up-to-date as the 

information furnished for states. The Committee encourages the 

Energy Information Administration to work to close these remaining data gaps. 

98 

NON-DEFENSE ENVIRONMENTAL CLEANUP

Appropriation, 2018 ............................................................................ $298,400,000 

Budget estimate, 2019 ....................................................................... 218,400,000 

Recommended, 2019 ........................................................................... 240,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥58,400,000 

Budget estimate, 2019 ................................................................ +21,600,000 

Non-Defense Environmental Cleanup includes funds to manage 

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

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

Appropriation, 2018 ............................................................................ $840,000,000 

Budget estimate, 2019 ....................................................................... 752,749,000 

Recommended, 2019 ........................................................................... 870,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +30,000,000 

Budget estimate, 2019 ................................................................ +117,251,000 

The Uranium Enrichment Decontamination and Decommissioning Fund was established by the Energy Policy Act of 1992 to 

fund the cleanup of gaseous diffusion plants at Portsmouth, Ohio; 

Paducah, Kentucky; and the East Tennessee Technology Park in 

Oak Ridge, Tennessee. 

Portsmouth.—The recommendation includes funding above the 

budget request to fully offset the amount of proceeds that the Department planned to generate through bartering arrangements in 

order to fund additional cleanup in fiscal year 2019. After the date 

of enactment of this Act, the Department shall not barter, transfer, 

or sell uranium for the remainder of fiscal year 2019 in order to 

generate additional funding for Portsmouth cleanup that is in excess of the amount of funding provided in this Act. 

Title X Uranium/Thorium Reimbursements.—The Committee 

recommends $32,959,000 to reimburse private licensees for the cost 

of cleaning up uranium and thorium processing sites in accordance 

with Title X of the Energy Policy Act of 1992. The Committee expects the Department to reimburse licensees for all previous expenses, including costs related to remediation, restoration, and 

oversight of these programs, and to ensure all impacted communities are made whole. Fulfilling the obligation to fully reimburse 

licensees is important to the health and safety of the impacted 

communities. The Committee expects the Department to provide 

sufficient resources within future budget requests to reimburse licensees for approved claim balances in a timely manner and to 

avoid accumulating balances and liabilities. 

SCIENCE

Appropriation, 2018 ............................................................................ $6,259,903,000 

Budget estimate, 2019 ....................................................................... 5,390,972,000 

Recommended, 2019 ........................................................................... 6,600,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +340,097,000 

Budget estimate, 2019 ................................................................ +1,209,028,000 

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The Office of Science funds basic science research across national 

laboratories, universities, and other research institutions in support of American innovation and the Department’s energy-focused 

missions. Through research in physics, biology, chemistry, and 

other science disciplines, these activities expand scientific understanding and secure the nation’s leadership in energy innovation. 

The Office of Science is the nation’s largest supporter of basic research in the physical sciences. 

The Science program office includes Advanced Scientific Computing Research, Basic Energy Sciences, Biological and Environmental Research, Fusion Energy Sciences, High Energy Physics, 

Nuclear Physics, Workforce Development for Teachers and Scientists, Science Laboratories Infrastructure, Safeguards and Security, and Program Direction. The Committee has placed a high priority on funding these activities in fiscal year 2019, given the private sector is not likely to fund research whose findings either have 

high non-commercial value or are not likely to be commercialized 

in the near or medium term. This work is vital to sustaining the 

scientific leadership of the United States and can provide the 

underpinnings for valuable intellectual property in the coming decades. 

The Committee encourages the Department to evaluate methods 

to educate new and existing minority and women-owned small 

businesses about SBIR and STTR grants, and directs the Department to provide to the Committees on Appropriations of both 

Houses of Congress not later than 180 days after the enactment of 

this Act a report on current and planned outreach efforts in this 

area. 

The Committee appreciates the Department’s focus on quantum 

information sciences and encourages the Department, in addition 

to activities referenced in the budget request, to explore research 

and development on precision sensors. 

ADVANCED SCIENTIFIC COMPUTING RESEARCH

The Advanced Scientific Computing Research program develops 

and hosts some of the world’s fastest computing and network capabilities to enable science and energy modeling, simulation, and research. 

Exascale Computing Project.—The recommendation includes 

$225,000,000 for exascale activities. 

High Performance Computing and Network Facilities.—In addition to the long-term exascale initiative, the Committee supports 

continued upgrade and operation of the Leadership Computing Facilities at Argonne and Oak Ridge national laboratories and of the 

High Performance Production Computing capabilities at Lawrence 

Berkeley National Laboratory. The recommendation includes 

$140,000,000 for the Argonne Leadership Computing Facility, 

$185,000,000 for the Oak Ridge Leadership Computing Facility, 

and $100,000,000 for the National Energy Research Scientific Computing Center at Lawrence Berkeley National Laboratory. Within 

available funds, the recommendation includes $10,000,000 for the 

Computational Science Graduate Fellowship program and 

$80,000,000 to support necessary infrastructure upgrades and operations for ESnet. 

100 

The Committee is concerned that the increased costs of the 

Exascale Computing Initiative compared to previous high performance computing (HPC) efforts are not transparently presented because the Department’s budget request contains inadequate detail 

on the cost of its HPC procurements. In its fiscal year 2020 budget 

request, the Department shall submit a budget justification for Advanced Scientific Computing Research that clearly details funding 

amounts requested for base research and development activities, 

operations, and procurements for the Exascale Computing Initiative. 

The Committee notes the importance of a strong research program in applied and computational mathematics to the Department’s mission. The Committee encourages the Department to 

prioritize research in applied and computational mathematics, 

supercomputing, and quantum computing to ensure the U.S. remains competitive in this field. 

Artificial intelligence technologies that may improve the analysis 

and interpretation of big data can lead to substantial improvements in the Department’s ability to meet its nuclear security, energy, and science missions. The Committee provides $26,000,000 to 

launch an artificial intelligence and big data initiative. 

BASIC ENERGY SCIENCES

The Basic Energy Sciences program funds basic research in materials science, chemistry, geoscience, and bioscience. The science 

breakthroughs in this program enable a broad array of innovation 

in energy technologies and other industries critical to American 

economic competitiveness. 

Research.—Within available funds, the recommendation provides $24,088,000 for the Batteries and Energy Storage Innovation Hub; 

$15,000,000 for the Fuels from Sunlight Innovation Hub; 

$130,500,000 for facilities operations of the nanoscience research 

centers; $500,000,000 for facilities operations of the nation’s light 

sources; $280,000,000 for facilities operations of the high flux neutron sources; $20,000,000 for the Experimental Program to Stimulate Competitive Research; $110,000,000 for the Energy Frontier 

Research Centers; and $10,100,000 for Other Project Costs, of 

which $6,100,000 is for LCLS–II, $2,000,000 is for ALS–U, and 

$2,000,000 is for LCLS–II HE. 

The Committee supports the continued research and development for the Batteries and Energy Storage Innovation Hub to develop energy storage research prototypes to ensure the outcome of 

basic research leads to practical solutions that are competitive in 

the marketplace. The Committee encourages the Hub to focus on 

grid storage applications, particularly on chemistries with low cost 

reagents. 

The Committee encourages the Department to resume annual, or 

biennial, Implementation Grant solicitations when making awards 

in support of the Experimental Program to Stimulate Competitive 

Research. The Department is directed to provide to the Committees 

on Appropriations of both Houses of Congress not later than 90 

days after the enactment of this Act a report that provides a plan 

for these future solicitations. 

The Committee encourages the Department to continue to provide support for basic research in polymers and polymer-based maVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00100 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
101 

terials for energy applications and also encourages the Department 

to implement neutron research efforts for polymeric materials for 

the materials community. The Committee is aware of the discovery 

of physical phenomena in the light harvesting systems of photosynthetic organisms that has potential applications in quantum computing. The recommendation provides $10,000,000 for research of 

artificial light harvesting systems that promise to significantly increase computational processing power and speed. 

BIOLOGICAL AND ENVIRONMENTAL RESEARCH

The Biological and Environmental Research (BER) program supports advances in energy technologies and related science through 

research into complex biological and environmental systems. The 

Committee directs the Department to give priority to optimizing 

the operation of BER user facilities and the programs that utilize 

them. 

The recommendation provides $100,000,000 for the Bioenergy 

Research Centers and $70,000,000 for the Joint Genome Institute. 

The Committee recognizes the importance of the emerging field 

of microbiome research and encourages the Department to explore 

establishing a national microbiome database to maintain leadership in the field. 

The Committee continues to support the Department’s funding 

for academia to perform studies, including independent evaluations 

using existing data sets and peer-reviewed publications that include the collection and evaluation of atmospheric data from satellite observations obtained in cooperation with NASA. Satellite observations of the atmosphere, within the context of the Earth as a 

global system, provide information that is critical in the interpretation of earth-based observations. 

The Committee supports the Department’s proposal to initiate a 

terrestrial-aquatic interfaces pilot project and encourages the Department to explore the resiliency of coastal ecosystems as part of 

this project. 

Within available funds, the Department is directed to continue to 

support NGEE–Arctic, NGEE–Tropics, the SPRUCE field site, the 

Watershed Function Science Focus Area, and the AmeriFLUX 

project. 

FUSION ENERGY SCIENCES

The Fusion Energy Sciences program supports basic research 

and experimentation aiming to harness nuclear fusion for energy 

production. 

Research.—The Committee recommends $281,704,000 for burning plasma science foundations, $61,246,000 for burning plasma 

science long pulse, and $84,050,000 for discovery plasma science. 

Within available funds, the recommendation provides $18,000,000 

for High Energy Density Laboratory Plasmas, $25,000,000 for Scientific Discovery through Advanced Computing, $2,500,000 to provide upgrades to the Safety and Tritium Applied Research facility, 

and $7,000,000 for the Materials Plasma Exposure Experiment. 

Construction.—The Committee recommends $163,000,000 for the 

U.S. contribution to the ITER project. The Committee continues to 

believe the ITER project represents an important step forward for 

102 

energy sciences and has the potential to revolutionize the current 

understanding of fusion energy. 

HIGH ENERGY PHYSICS

The High Energy Physics program supports fundamental research into the elementary constituents of matter and energy and 

ultimately into the nature of space and time. The program focuses 

on particle physics theory and experimentation in three areas: the 

energy frontier, which investigates new particles and fundamental 

forces through high-energy experimentation; the intensity frontier, 

which focuses on rare events to better understand our fundamental 

model of the universe’s elementary constituents; and the cosmic 

frontier, which investigates the nature of the universe and its form 

of matter and energy on cosmic scales. 

Research.—Within available funds, the recommendation provides $22,450,000 to complete the dark energy and dark matter experiments, $105,000,000 for the HL–LHC Upgrade Projects, 

$31,000,000 for PIP–II, and $10,000,000 to continue the upgrade of 

FACET II. 

The Committee supports the Department’s efforts to advance 

laser-driven accelerators and encourages the Department to explore 

how this technology fits within future planning efforts for the High 

Energy Physics program. In addition, the Committee strongly urges 

the Department to maintain a balanced portfolio of small, medium, 

and large scale experiments, and to ensure adequate funding for 

research performed at universities and the national laboratories. 

NUCLEAR PHYSICS

The Nuclear Physics program supports basic research into the 

fundamental particles that compose nuclear matter, how they 

interact, and how they combine to form the different types of matter observed in the universe today. 

Operations and Maintenance.—Within available funds, the recommendation provides $10,000,000 for the Stable Isotope Production Facility, $6,600,000 for the Gamma-Ray Energy Tracking 

Array, and $5,660,000 for the Super Pioneering High Energy Nuclear Interaction Experiment. The Committee directs the Department to give priority to optimizing the operations for the Relativistic Heavy Ion Collider, the Continuous Electron Beam Accelerator Facility, the Argonne Tandem Linac Accelerator System, and 

the Brookhaven Linac Isotope Producer Facility. 

NUCLEAR WASTE DISPOSAL

Appropriation, 2018 ............................................................................ $– – – 

Budget estimate, 2019 ....................................................................... 90,000,000 

Recommended, 2019 ........................................................................... 190,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +190,000,000 

Budget estimate, 2019 ................................................................ +100,000,000 

The Committee recommendation includes $190,000,000 for Nuclear Waste Disposal to continue the Department of Energy’s statutorily required activities for the Yucca Mountain license application. Within available funds, the Department is directed to reestablish its capability to respond to the Nuclear Regulatory Commission 

during the adjudicatory process and to otherwise fully support the 

103 

Yucca Mountain licensing process. The recommendation includes 

support for affected units of local government that have formally 

consented to host Yucca Mountain. 

Educational Institutions.—The Department is reminded that, to 

the extent that funding or other assistance is made available to 

educational institutions pursuant to the Nuclear Waste Policy Act 

of 1982, institutions in the Nevada System of Higher Education, as 

defined by the State of Nevada, with experience in nuclear waste 

research and environmental monitoring are eligible for such assistance. 

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

Appropriation, 2018 ............................................................................ $353,314,000 

Budget estimate, 2019 ....................................................................... – – – 

Recommended, 2019 ........................................................................... 325,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥28,314,000 

Budget estimate, 2019 ................................................................ +325,000,000 

The Advanced Research Projects Agency-Energy (ARPA–E) supports research aimed at rapidly developing energy technologies 

whose development and commercialization are too risky to attract 

sufficient private sector investment but are capable of significantly 

changing the energy sector to address our critical economic and energy security challenges. Projects funded by ARPA–E include such 

wide-ranging areas as production processes for transportation fuel 

alternatives that can reduce our dependence on imported oil, heating and cooling technologies with exceptionally high energy efficiency, and improvements in petroleum refining processes. 

The Department is directed to disburse funds appropriated for 

ARPA–E on eligible projects within a reasonable time period, consistent with past practices. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

ADMINISTRATIVE EXPENSES 

GROSS APPROPRIATION

Appropriation, 2018 ............................................................................ $33,000,000 

Budget estimate, 2019 ....................................................................... 10,000,000 

Recommended, 2019 ........................................................................... 32,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥1,000,000 

Budget estimate, 2019 ................................................................ +22,000,000 

OFFSETTING COLLECTIONS

Appropriation, 2018 ............................................................................ $¥10,000,000 

Budget estimate, 2019 ....................................................................... ¥15,000,000 

Recommended, 2019 ........................................................................... ¥15,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥5,000,000 

Budget estimate, 2019 ................................................................ – – – 

104 

RESCISSION

Appropriation, 2018 ............................................................................ $– – – 

Budget estimate, 2019 ....................................................................... ¥240,000,000 

Recommended, 2019 ........................................................................... – – – 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +240,000,000 

NET APPROPRIATION

Appropriation, 2018 ............................................................................ $23,000,000 

Budget estimate, 2019 ....................................................................... ¥245,000,000 

Recommended, 2019 ........................................................................... 17,000,000 

Comparison:.

Appropriation, 2018 .................................................................... ¥6,000,000 

Budget estimate, 2019 ................................................................ +262,000,000 

The funds provided to the Title 17 Innovative Technology Loan 

Guarantee Program support administrative operations only. 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

Appropriation, 2018 ............................................................................ $5,000,000 

Budget estimate, 2019 ....................................................................... 1,000,000 

Recommended, 2019 ........................................................................... 5,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +4,000,000 

The Energy Independence and Security Act of 2007 established 

a direct loan program to support the development of advanced technology vehicles and associated components in the United States. 

The program provides loans to automobile and automobile part 

manufacturers for the cost of re-equipping, expanding, or establishing manufacturing facilities in the United States to produce advanced technology vehicles or qualified components, and for associated engineering integration costs. The funds provided support administrative operations only. 

TRIBAL ENERGY LOAN GUARANTEE PROGRAM

Appropriation, 2018 ............................................................................ $1,000,000 

Budget estimate, 2019 ....................................................................... ¥8,500,000 

Recommended, 2019 ........................................................................... 1,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +9,500,000 

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

only. 

DEPARTMENTAL ADMINISTRATION

GROSS APPROPRIATION

Appropriation, 2018 ............................................................................ $285,652,000 

Budget estimate, 2019 ....................................................................... 235,534,000 

Recommended, 2019 ........................................................................... 280,524,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥5,128,000 

Budget estimate, 2019 ................................................................ +44,990,000 

105 

REVENUES

Appropriation, 2018 ............................................................................ $¥96,000,000 

Budget estimate, 2019 ....................................................................... ¥96,000,000 

Recommended, 2019 ........................................................................... ¥96,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ – – – 

NET APPROPRIATION

Appropriation, 2018 ............................................................................ $189,652,000 

Budget estimate, 2019 ....................................................................... 139,534,000 

Recommended, 2019 ........................................................................... 184,524,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥5,128,000 

Budget estimate, 2019 ................................................................ +44,990,000 

Funding recommended for Departmental Administration provides 

for general management and program support functions benefiting 

all elements of the Department of Energy, including the National 

Nuclear Security Administration. The account funds a wide array 

of Headquarters activities not directly associated with the execution of specific programs. The recommendation includes six reprogramming control points in this account to provide flexibility in 

the management of support functions. Other Departmental Administration includes Management, Project Management Oversight 

and Assessments, Chief Human Capital Officer, Office of Technology Transitions, Office of Small and Disadvantaged Business 

Utilization, General Counsel, Office of Policy, International Affairs, 

and Public Affairs. The Department is directed to continue to submit a budget request that proposes a separate funding level for 

each of these activities. Within International Affairs, the recommendation includes $2,000,000 for the Israel Binational Industrial Research and Development (BIRD) Foundation, which was 

previously funded in the EERE account, and $4,000,000 for the 

U.S.–Israel Center of Excellence in Energy, Engineering and Water 

Technology. 

Economic Impact and Diversity.—The recommendation includes 

$10,169,000 for Economic Impact and Diversity, the same as fiscal 

year 2018 and $164,000 above the budget request. 

Chief Information Officer.—To enhance the accountability for 

management of cyber resources, the Committee recommendation 

consolidates cybersecurity funding under the Office of the Chief Information Officer. The recommendation includes $131,624,000, including $96,793,000 as requested within Departmental Administration and $34,831,000 as requested for CyberOne activities within 

the DOE working capital fund. Within this amount, not less than 

$71,501,000 shall be for cybersecurity and secure information. 

Nuclear Power Plant Closings.—Prior to the opening of a permanent repository or monitored retrievable storage for spent nuclear 

fuel, power plant sites serve as de facto storage facilities for this 

nuclear waste. When a plant closes, onsite storage of spent nuclear 

fuel can be a factor affecting redevelopment of the location. The 

Committee directs the Department to submit to the Committees on 

Appropriations of both Houses of Congress not later than 180 days 

after the enactment of this Act a study on existing public and private resources and funding for which municipalities where a nuclear power plant is decommissioned, in the process of decommisVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00105 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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sioning, or plans to shut down within 3 years of enactment of this 

Act and contains nuclear waste within its boundaries may be eligible. 

Radium Contamination.—The Department shall review the details of any facility of the Nevada System of Higher Education, as 

defined by the State of Nevada, that is contaminated with radium 

to determine whether the Department has a legal liability or authorization for remediation of such facility. 

OFFICE OF THE INSPECTOR GENERAL

Appropriation, 2018 ............................................................................ $49,000,000 

Budget estimate, 2019 ....................................................................... 51,330,000 

Recommended, 2019 ........................................................................... 51,330,000 

Comparison: 

Appropriation, 2018 .................................................................... +2,330,000 

Budget estimate, 2019 ................................................................ – – – 

The Office of the Inspector General performs agency-wide audit, 

inspection, and investigative functions to identify and correct management and administrative deficiencies that create conditions for 

existing or potential instances of fraud, waste, and mismanagement. The audit function provides financial and performance audits 

of programs and operations. The inspections function provides independent inspections and analyses of the effectiveness, efficiency, 

and economy of programs and operations. The investigative function provides for the detection and investigation of improper and illegal activities involving programs, personnel, and operations. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

The Atomic Energy Defense Activities programs of the Department of Energy in the National Nuclear Security Administration 

(NNSA) consist of Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and Federal Salaries and Expenses; 

outside of the NNSA, these include Defense Environmental Cleanup, Other Defense Activities, and Defense Nuclear Waste Disposal. 

Descriptions of each of these accounts are provided below. 

NATIONAL NUCLEAR SECURITY ADMINISTRATION 

The Department of Energy is responsible for enhancing U.S. national security through the military application of nuclear technology and reducing the global danger from the proliferation of 

weapons of mass destruction. The NNSA, a semi-autonomous agency within the Department, carries out these responsibilities. Established in March 2000 pursuant to title 32 of the National Defense 

Authorization Act for Fiscal Year 2000, the NNSA is responsible 

for the management and operation of the nation’s nuclear weapons 

complex, naval reactors, and nuclear nonproliferation activities. 

Indirect Overhead and Administrative Costs.—The Committee expects the NNSA to take prompt action to reduce the size of the 

overhead and administrative costs that are being charged to its 

programmatic activities, as directed in the fiscal year 2018 Act. 

The Committee is awaiting the receipt of required reports on the 

Department’s indirect cost pools and a plan by the NNSA to reduce 

the size of the administrative and other overhead charges levied on 

its major nuclear modernization programs. None of the funds shall 

107 

be used for an Institutional Plant Project that is funded through 

an indirect cost pool of an NNSA site. The recommendation provides robust direct funding for the NNSA’s infrastructure needs, 

and the Committee will consider funding infrastructure investments through the site indirect cost pools after receipt of the outstanding reporting requirements. The NNSA is directed to provide 

to the Committees on Appropriations of both Houses of Congress 

not later than 90 days after the enactment of this Act a report that 

accounts for the number of personnel at NNSA sites whose costs 

are entirely funded through site indirect cost pools. The recommendation includes $15,313,147,000 for the NNSA, 

$644,195,000 above fiscal year 2018 and $222,097,000 above the 

budget request. 

WEAPONS ACTIVITIES

Appropriation, 2018 ............................................................................ $10,642,138,000 

Budget estimate, 2019 ....................................................................... 11,017,078,000 

Recommended, 2019 ........................................................................... 11,200,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +557,862,000 

Budget estimate, 2019 ................................................................ +182,922,000 

Weapons Activities ensures the safety, security, reliability, and 

effectiveness of the nation’s nuclear weapons stockpile without nuclear testing by providing funding to four main elements: Directed 

Stockpile Work; Research, Development, Technology and Engineering; Infrastructure and Operations; and Security. 

The NNSA’s budget request for Weapons Activities proposed significant reductions to infrastructure recapitalization and deferred 

maintenance reduction efforts. The Committee is concerned that, in 

order to pay for the projected costs of its major nuclear modernization programs, the NNSA is undercutting the investments needed 

to address the entirety of its aging infrastructure problems and to 

build a nuclear weapons workforce that possesses the skills and 

knowledge needed to design, develop, test, and manufacture warheads, as endorsed in the Administration’s Nuclear Posture Review. As the costs of the major modernization programs continue 

to increase, the NNSA must take concerted action to prevent cost 

growth associated with underperforming and poorly scoped activities. The recommendation provides additional funding above the request to continue the current pace of infrastructure recapitalization 

efforts across the nuclear security enterprise, including efforts to 

reduce the backlog of deferred maintenance and to upgrade physical security systems to improve the security posture of the NNSA 

sites. 

The Committee notes that the original fiscal year 2019 budget request did not contain adequate information regarding the Department’s request for low-yield ballistic missile funding, but a technical amendment with additional details was later submitted. 

When proposing new or modified nuclear weapons activities, the 

Committee expects the Department to follow the requirements of 

50 U.S.C. 2529, including requesting a single dedicated line item 

for such activities. 

Plutonium.—While the NNSA was directed in the fiscal year 

2017 and 2018 Acts to request funding to meet additional plutonium infrastructure mission needs under a new and separate 

108 

project that could be clearly presented for consideration, the 

NNSA’s fiscal year 2019 budget request does not contain such a 

project and continues to disregard Congressional direction to remove specific scope from the Chemistry and Metallurgy Research 

Replacement project that was in excess of the scope originally authorized by Congress. The NNSA’s five year budget plans include 

approximately $4,000,000,000 for unspecified activities within Plutonium Sustainment to achieve long-term pit production capacity 

targets. The specific activities and total costs needed to achieve 

these targets are not described, and a management plan with nearterm milestones for carrying out this significant multi-year effort 

are not presented. The NNSA’s continued inability to produce a 

transparent plan to establish a pit production capability that includes a resource-loaded schedule that can be independently 

verified for reasonableness creates significant concerns. The recommendation establishes a new construction project within Infrastructure and Operations that shall be utilized to carry out any 

capital improvements and equipment installations that are needed 

at Los Alamos National Laboratory to meet plutonium mission 

needs. Not later than 60 days after the enactment of this Act, the 

NNSA shall provide to the Committees on Appropriations a report 

that describes in detail the scope, costs, and schedule, with near 

term milestones for any capital improvements needed, to meet its 

plutonium mission needs. 

DIRECTED STOCKPILE WORK

Directed Stockpile Work includes all activities that directly support weapons in the nuclear stockpile, including maintenance, research, development, engineering, certification, dismantlement, and 

disposal activities. The Committee recommends $4,581,296,000 for 

Directed Stockpile Work, $571,849,000 above fiscal year 2018 and 

$84,909,000 below the budget request. 

Life Extension Programs.—The recommendation provides full 

funding for the NNSA’s life extension programs, including the ongoing refurbishment efforts for the B61, W76, W88, and W80 warheads. The recommendation also provides funding requested for a 

new modification to the W76 warhead to achieve a lower-yield capability for that system and to initiate phase 6.1 efforts on a life 

extension or replacement of the W78 warhead. 

W76-2 Modification Program.—Not later than 30 days after the 

enactment of this Act, the NNSA shall provide to the Committees 

on Appropriations of both Houses of Congress a report detailing the 

plan, rationale, costs, and implications of producing a low-yield variant of the W76 warhead. The report shall include the cost and 

schedule estimates for the engineering phase, and any subsequent 

phase, of the W76-2 modification program; detailed discussion of 

the military requirements associated with the W76-2, including 

Nuclear Weapons Council decisions and U.S. Strategic Command 

requirements; estimated long-term maintenance costs; impacts on 

other current or planned warhead programs; impacts on the 

planned cost and schedule in the event of a time delay in the engineering phase, or any subsequent phase, of the W76-2; and impacts 

on other current or planned warhead programs in the event of a 

time delay in the W76-2 modification program, 

109 

W78 Life Extension Program.—The Committee is concerned that 

the NNSA is proceeding with a premature decision to replace the 

W78 with an interoperable warhead based on a stockpile strategy 

that was not endorsed in the Administration’s Nuclear Posture Review and that was not funded by the Congress when first proposed 

under the previous Administration. The NNSA has not resolved 

major technical issues identified by the JASONs Defense Advisory 

Group in 2015 associated with modifying existing warheads to 

achieve interoperability or to increase the usage of insensitive high 

explosives (IHE) in the stockpile. Specifically, the JASONs found 

that these warhead modifications may result in sub-optimal designs and may force a reduction in design yield margins. The rationale for converting warheads from CHE to IHE is not clear considering the technical risks, the high costs involved, and the current lack of a pit production capability that could produce such 

warheads in quantities needed for the stockpile. The NNSA carried 

out a Pit Manufacturing and Certification Campaign to restore the 

capability to manufacture and certify up to ten plutonium pits per 

year from 1996 to 2007. However, the NNSA never demonstrated 

production at full capacity and lost the limited capacity it had built 

due to safety missteps that shut down plutonium operations in the 

PF–4 facility for several years. The NNSA hopes to achieve a far 

greater production capacity over the same period of time. Given the 

NNSA’s past performance, any nuclear modernization program that 

relies on the successful establishment of a near-term pit production 

capacity should be considered by the Administration to be a highrisk endeavor and a program that does not rely on pit production 

should be pursued in parallel to ensure stockpile needs will continue to be met. 

In lieu of the request to begin phase 6.2 activities for an interoperable warhead to replace the W78, the recommendation provides funding to begin a phase 6.1 study to fully analyze all available alternatives for the W78 warhead. Upon conclusion of phase 

6.1 efforts and prior to initiation of phase 6.2 efforts, the NNSA 

shall provide to the Committees on Appropriations of both Houses 

of Congress a report that compares the costs associated with replacing the W78 warhead with an IHE design that may require 

new pit manufacturing to the costs of extending the life of the W78. 

The report shall include a detailed description of the comparative 

costs that may be needed to upgrade Department of Defense facilities to continue to safely handle CHE or that otherwise may reduce 

drivers for replacing CHE warheads with IHE. 

Domestic Uranium Enrichment.—The recommendation provides 

$100,704,000. Within these funds, not less than $25,000,000 is for 

continued research, operation, and further advancement of gas centrifuge technology. The Committee supports continued operations 

and testing of gas centrifuge technology to further advance the 

technology and to maintain the specialty expertise and operational 

proficiency that will be necessary to meet future U.S. defense and 

non-defense needs for enriched uranium. 

Comprehensive Beryllium Strategy.—Beryllium has been labeled 

a critical mineral by the United States Geological Survey for a wide 

variety of needs and is the only material qualified by field tests for 

certain nuclear weapons requirements. The Committee encourages 

the NNSA to continue efforts to create a unified approach to secuVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00109 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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rity of supply for beryllium and urges the national laboratories to 

create a joint plan to ensure that beryllium is available to support 

all the requirements of the Stockpile Stewardship and Management Plan. 

RESEARCH, DEVELOPMENT, TECHNOLOGY, AND ENGINEERING

The NNSA’s Research, Development, Technology, and Engineering (RDT&E) activities focus on the development and maintenance 

of critical capabilities, tools, and processes that support sciencebased stockpile stewardship and continued certification of the 

stockpile in the absence of underground nuclear testing. For 

RDT&E, the Committee recommends $2,028,366,000, $5,999,000 

below fiscal year 2018 and $32,973,000 above the budget request. 

Academic Alliances and Partnerships.—Within Academic Alliances and Partnerships, not less than $20,000,000 shall be for the 

Minority Serving Institution Partnerships Program and not less 

than $9,000,000 shall be for academic grants for high energy density laboratory plasmas previously funded within the Inertial Confinement Fusion Ignition and High Yield program. The Committee 

supports continued research into high energy density plasmas and 

recognizes the partnerships between the national laboratories and 

research universities to address the critical need for skilled graduates to replace an aging workforce. 

Enhanced Capabilities for Subcritical Experiments.—The recommendation does not include funding requested for the Advanced 

Sources and Detectors Major Item of Equipment (MIE). DOE 

project management reports indicate the NNSA has not yet 

achieved Critical Decision-1 (CD–1) for this MIE, despite the 

NNSA’s budget justification that lists CD–1 as a fiscal year 2017 

achievement. Rather, significant portions of the technology are reported to be at low technology readiness levels and need to be advanced prior to the issuance of CD–1. The recommendation includes $20,000,000 to continue to advance technologies needed for 

the MIE. The NNSA is directed to submit a project data sheet for 

the Advanced Sources and Detectors MIE with the scope, cost, and 

schedule for carrying out this project clearly presented in its fiscal 

year 2020 budget request. 

Stockpile Responsiveness Program.—The recommendation includes additional funding above the budget request for the congressionally-mandated Stockpile Responsiveness Program. 

Inertial Confinement Fusion (ICF) and High Yield.—The recommendation rejects the NNSA’s request to discontinue major experimental activities within the ICF program. Funds provided to 

the ICF program support unique experimental platforms that help 

assess the state of the current stockpile and enable decisions on life 

extension programs without underground nuclear weapons testing. 

While progress in achieving ignition at the National Ignition Facility has been slow, the value of maintaining a robust research program in high energy density physics will continue to be recognized 

and strongly supported. To ensure that funds provided will be used 

to adequately maintain the NNSA’s experimental capabilities as intended, the recommendation includes new funding controls within 

the ICF program for the National Ignition Facility at Lawrence 

Livermore National Laboratory, the Z Pulsed Power Facility at 

Sandia National Laboratories, and the Omega Laser Facility at the 

111 

Laboratory for Laser Energetics. Within funds for High Energy 

Density R&D, the recommendation includes funding for research 

and support activities at Los Alamos National Laboratory, target 

fabrication, and not less than $8,000,000 for the Nike Laser at the 

Naval Research Laboratory. 

While the Committee continues to support the full utilization of 

ICF experimental facilities, the Committee also recognizes the need 

to save costs to ensure adequate funding for high priority stockpile 

modernization activities. The NNSA is directed to pursue full cost 

recovery for all users at the National Ignition Facility as previously 

recommended by the Department of Defense Office of Cost Assessment and Program Evaluation and to ensure that all users are 

transitioned to a full cost recovery model by fiscal year 2020. 

Advanced Simulation and Computing.—Within amounts for Advanced Simulation and Computing (ASC), the recommendation includes $20,000,000 to continue research on advanced memory technology to address future architecture technical challenges. The 

Committee is concerned that the increased costs of the Exascale 

Computing Initiative compared to previous high performance computing (HPC) efforts are not transparently presented because the 

NNSA’s budget request contains inadequate detail on the cost of its 

HPC procurements. In its fiscal year 2020 budget request, the 

NNSA shall submit a budget justification for ASC that clearly details funding amounts requested for base research and development 

activities, operations, procurements, and the Exascale Computing 

Initiative. 

While the NNSA’s next generation of HPC systems are major acquisitions, the Committee is concerned that the NNSA’s procurement decisions have not been derived by conducting a thorough 

analysis of alternatives that will meet a set of clearly identified 

threshold requirements. The NNSA is directed to provide to the 

Committees on Appropriations of both Houses of Congress not later 

than 60 days after the enactment of this Act an analysis of alternatives for the NNSA’s HPC acquisitions that clearly maps future 

system requirements to stockpile needs, compares costs and benefits of various alternatives, and provides a justification for the 

NNSA’s preferred alternative. The Committee directs the Comptroller General to undertake a review of the NNSA’s management 

of the ASC program to evaluate the NNSA’s process for setting requirements and evaluating alternatives for the ASC program and 

to identify the estimated costs of the NNSA’s future systems compared to previous HPC acquisitions. 

INFRASTRUCTURE AND OPERATIONS

Infrastructure and Operations provides funding for the base operations, maintenance, and recapitalization of NNSA facilities and 

infrastructure. The Committee recommends $3,188,594,000 for Infrastructure and Operations, $70,791,000 above fiscal year 2018 

and $185,858,000 above the budget request. Within Infrastructure 

and Operations, the NNSA shall ensure that incremental funding 

needed to meet individual programmatic goals are fully accounted 

for within funds for the corresponding programmatic activity. The 

Committee notes that the NNSA has been requesting significant 

funding amounts for projects while they are still in the very early 

planning stages, in violation of the requirements in 50 U.S.C. 2746 

112 

that require the NNSA to complete a conceptual design before requesting funding for a major construction project. 

Maintenance and Repair of Facilities.—The Committee recommends $515,138,000, $150,138,000 above the budget request, to 

sustain momentum on reducing the backlog of deferred maintenance and to carry out cost accounting changes needed to ensure 

direct funding of maintenance at the NNSA’s national laboratories 

and other sites. 

Recapitalization.—The Committee recommends $612,661,000, 

$71,973,000 above the budget request, to restore funding for the 

Recapitalization program to the fiscal year 2018 level. 

19–D-650 Plutonium Production Capability, LANL.—The recommendation includes a new construction start for infrastructure 

upgrades needed to carry out the NNSA’s plutonium mission at Los 

Alamos National Laboratory. 

06–D-141 Uranium Processing Facility (UPF), Y–12.—The NNSA 

approved starting major construction activities for the Uranium 

Processing Facility project without having a certified and compliant 

earned value management system in place for the project to accurately track project performance. The Committee is also concerned 

that the Department does not have adequate capacity for project 

review that is independent of NNSA program personnel that are 

accountable for project performance. While the NNSA continues to 

request an increasingly large amount for the project, prior year 

funds have not been fully expended. The recommendation provides 

funding at the fiscal year 2018 enacted level. The Committee will 

monitor project performance via financial reporting of project commitments to determine future funding needs. 

04–D-125 Chemistry and Metallurgy Research (CMR) Replacement Project, LANL.—As directed by Congress in the fiscal year 

2018 Act and previous years, funding for the CMR Replacement 

Project shall be limited to that of the original mission need for the 

project, that is, to relocate existing analytic chemistry and materials characterization capabilities from the legacy CMR facility. 

SECURITY

Secure Transportation Asset.—Within Secure Transportation 

Asset Operations and Equipment, the recommendation includes 

$10,000,000 above the budget request to expedite procurement of 

the next generation Mobile Guardian Transporter (MGT). The 

Committee is concerned that the NNSA’s program to replace its 

aging nuclear weapons transporter fleet with the MGT is proceeding excessively slowly. The current transporters are far beyond 

their 20-year service life, yet the NNSA’s program would carry out 

planning and design activities over the next six fiscal years and 

would not procure the first replacement unit until fiscal year 2025. 

The NNSA is directed to undertake a review of its MGT program 

and provide to the Committees on Appropriations of both Houses 

of Congress not later than 120 days after the enactment of this Act 

a plan to carry out an expedited design and procurement program 

that will address its aging fleet in a more timely manner and that 

will better ensure that its weapons transportation programs continue to meet stringent safety and security standards. 

113 

Physical Security Improvement Program.—The Committee recommends $30,000,000 to modernize and upgrade physical security 

systems at the NNSA sites that are nearing the end of design life. 

LEGACY CONTRACTOR PENSIONS

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

pension plans. 

DEFENSE NUCLEAR NONPROLIFERATION

Appropriation, 2018 ............................................................................ $1,999,219,000 

Budget estimate, 2019 ....................................................................... 1,862,825,000 

Recommended, 2019 ........................................................................... 1,902,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥97,219,000 

Budget estimate, 2019 ................................................................ +39,175,000 

The Defense Nuclear Nonproliferation account provides funding 

to programs of the National Nuclear Security Administration that 

prevent, counter, and respond to global nuclear threats. The recommendation includes $15,000,000 for the University Consortia for 

Nuclear Nonproliferation Research program and not less than 

$18,000,000 to enhance nonproliferation and emergency response 

training capabilities at the Department’s national laboratories. 

New U.S. Nonproliferation Activities in Russia.—The recommendation includes no new funds to enter into contracts and 

agreements with Russia in fiscal year 2019, the same as fiscal year 

2018 and the budget request. 

Commercial Nuclear Fuel Reprocessing.—In 1977, President Carter issued a presidential policy statement prohibiting the commercial reprocessing and recycling of plutonium. The Committee awaits 

submission of requirements in the fiscal year 2018 Act for the Department to investigate the status of this policy and provide a report to the Committees on Appropriations of both Houses of Congress. 

DEFENSE NUCLEAR NONPROLIFERATION

Funding for the Office of Defense Nuclear Nonproliferation is 

provided across five programmatic areas: Global Material Security, 

Material Management and Minimization, Nonproliferation and 

Arms Control, Defense Nuclear Nonproliferation R&D, and Nonproliferation Construction. 

Material Management and Minimization.—The recommendation 

for Material Management and Minimization includes funding for 

Nuclear Material Removal, Material Disposition, and Laboratory 

and Partnership Support, consistent with the fiscal year 2018 Act. 

The NNSA is directed to utilize this budget structure in future 

budget requests. Within funds for Material Management and Minimization, the recommendation includes $30,000,000 to expedite the 

removal of one metric ton of plutonium from the state of South 

Carolina. The recommendation does not include funding requested 

to start related construction activities for the dilute and dispose alternative to MOX. The NNSA has yet to submit a legislative proposal or an independent life cycle cost estimate for its dilute and 

dispose program. 

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Laboratory and Partnership Support.—The recommendation for 

Laboratory and Partnership Support includes $3,100,000 above the 

budget request to provide technical support to industry partners 

seeking to minimize the use of highly enriched uranium in Mo-99 

production. 

Since the enactment of the American Medical Isotopes Produc- tion Act of 2012, the NNSA has invested $100,000,000 of taxpayer 

funding with the goal of fielding a stable, domestic commercial supply of Mo-99 without the use of highly enriched uranium, but has 

only made limited gains on that investment. Recent foreign facility 

outages have resulted in additional shortages, indicating the U.S. 

supply remains vulnerable to supply chain disruptions caused by 

aging production facilities. The recommendation includes an additional $20,000,000 for a new funding opportunity directed in the 

fiscal year 2018 Act. The Committee encourages the NNSA to utilize advice from other Department of Energy programs with experience in fielding advanced technologies to the commercial sector to 

better evaluate potential projects to ensure that additional funds 

are awarded to projects that are likely to provide a stable, longterm domestic supply of this important medical isotope. 

MOX Fuel Fabrication Facility.—The Committee recommends 

$335,000,000 to sustain the current pace of construction on the 

MOX facility in fiscal year 2019. The bill contains a provision to 

allow the Secretary of Energy to terminate the project if requirements in Section 3121(b) of the Fiscal Year 2018 National Defense 

Authorization Act are satisfied. 

Defense Nuclear Nonproliferation Research and Development 

(DNN R&D).—The recommendation includes $7,500,000 for the research and development of technologies to advance stable isotope, 

actinides, and other radioisotope production using novel techniques 

to support nonproliferation goals, including identification and characterization of foreign nuclear weapons programs. 

Nonproliferation Fuels Development.—The recommendation includes separate funding to develop fuels to advance U.S. nonproliferation goals within DNN R&D. The NNSA is directed to utilize this budget structure in future budget requests. The recommendation includes up to $10,000,000 for research and development of low-enriched uranium fuels suitable for naval applications. 

The recommendation does not include funds to convert the Advanced Test Reactor (ATR) at Idaho National Laboratory or the 

High Flux Isotope Reactor (HFIR) at Oak Ridge National Laboratory. The NNSA estimates its program to convert five research reactors will cost approximately $1,100,000,000 and that, even at this 

cost, the ATR and HFIR reactors would not be converted until at 

least the 2030s. These reactors and their fuels are located in highly 

secure facilities on Department of Energy sites that have safe storage for significant quantities of nuclear materials. With no plans 

to otherwise remove nuclear materials from those sites, there are 

few benefits to proceeding with a costly effort to convert those reactors. Rather than allocate limited defense funding to conversion, 

the recommendation prioritizes funding to extend the life of these 

facilities and to upgrade safety and security postures at those sites 

within the respective infrastructure funding lines. 

Use of Prior-Year Balances.—The NNSA has been slow to make 

progress on reducing the size of its prior-year balances. To offset 

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fiscal year 2019 needs and to close out discontinued activities, the 

recommendation directs the use of $36,396,000 in prior-year balances within the following programs that have not received funding 

since fiscal year 2015: Elimination of Weapons Grade Plutonium 

Production in Russia, Global Threat Reduction Initiative, International Nuclear Materials Protection and Cooperation, Nonproliferation and Verification Research and Development, Nonproliferation and International Security, Russian Surplus Fissile 

Materials Disposition, Supporting Activities, U.S. Plutonium Disposition, U.S. Uranium Disposition, and Waste Solidification Building. 

NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE

The NNSA’s Nuclear Counterterrorism and Incident Response 

programs respond to and mitigate nuclear and radiological incidents worldwide in order to defend the nation from the threat of 

nuclear terrorism. The Committee recommends $319,185,000. 

The Radiological Assistance Program (RAP) is a critical activity 

that plays a major role in our nation’s ability to detect, deter, and 

respond to a domestic nuclear or radiological incident. The Committee supports the Department’s efforts to modernize mission critical equipment that has exceeded its useful life. It is imperative 

that response teams possess the best available technology to carry 

out their missions. The Committee urges the Department to move 

forward expeditiously with the RAP critical equipment modernization and provide the Committee with a timeline for this effort. 

High priority equipment recapitalization needs for this program include hand-held, high resolution, spectroscopic measurement instrumentation which is used to specifically identify nuclear threat 

materials. 

LEGACY CONTRACTOR PENSIONS

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

pension plans. 

NAVAL REACTORS

(INCLUDING TRANSFER OF FUNDS)

Appropriation, 2018 ............................................................................ $1,620,000,000 

Budget estimate, 2019 ....................................................................... 1,788,618,000 

Recommended, 2019 ........................................................................... 1,788,618,000 

Comparison: 

Appropriation, 2018 .................................................................... +168,618,000 

Budget estimate, 2019 ................................................................ – – – 

The Naval Reactors (NR) program is responsible for all aspects 

of naval nuclear propulsion from technology development through 

reactor operations to ultimate reactor plant disposal. The program 

provides for the design, development, testing, and evaluation of improved naval nuclear propulsion plants and reactor cores. The recommendation fully funds the request to develop the ColumbiaClass submarine, previously identified as the Ohio-replacement 

submarine, and to refuel the S8G prototype, which is closely linked 

to the Columbia-Class submarine. 

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Naval Reactors Development.—Within amounts for Naval Reactors Development, $85,500,000 is provided for Advanced Test Reactor Operations. 

FEDERAL SALARIES AND EXPENSES

Appropriation, 2018 ............................................................................ $407,595,000 

Budget estimate, 2019 ....................................................................... 422,529,000 

Recommended, 2019 ........................................................................... 422,525,000 

Comparison: 

Appropriation, 2018 .................................................................... +14,934,000 

Budget estimate, 2019 ................................................................ – – – 

The Federal Salaries and Expenses account provides corporate 

planning and oversight for Defense Programs, Defense Nuclear 

Nonproliferation, and Naval Reactors, including the NNSA field offices in New Mexico, Nevada, and California. 

The Department is directed to undertake a review of the manning for the NNSA’s Office of General Counsel and the NNSA’s Office of Congressional and Intergovernmental Affairs to determine 

whether those functions could be combined with the Department of 

Energy’s Office of the General Counsel and the Department of Energy’s Office of Congressional and Intergovernmental Affairs to 

eliminate duplication. The Department shall report the results of 

its review to the Committees on Appropriations of both Houses of 

Congress not later 90 days after the enactment of this Act. The report shall include the Department’s recommendations as well as 

potential savings in full time equivalent (FTE) NNSA employee allocations that the NNSA could otherwise assign to meet its needs 

for additional programmatic personnel under existing legislative 

caps. The review shall include consideration of transfer of Overseas 

Presence personnel that perform Department-wide duties and are 

funded via the Department’s Working Capital Fund, but that currently count against the NNSA personnel caps on FTE staff. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

Appropriation, 2018 ............................................................................ $5,988,048,000 

Budget estimate, 2019 ....................................................................... 5,630,217,000 

Recommended, 2019 ........................................................................... 5,759,220,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥228,828,000 

Budget estimate, 2019 ................................................................ +129,003,000 

The Defense Environmental Cleanup account provides funding 

for identifying and reducing risks and managing waste at sites 

where the nation carried out defense-related nuclear research and 

production activities that resulted in radioactive, hazardous, and 

mixed waste contamination requiring remediation, stabilization, or 

some other cleanup action. 

While the Department’s budget request for the Office of Environmental Management (EM) included increases at some sites, those 

increases were at the expense of other important cleanup activities 

at Hanford, Idaho, and Oak Ridge. The Committee’s recommendation continues to fund a balanced approach that sustains the momentum of ongoing cleanup activities more consistently across all 

DOE cleanup sites. 

117 

Not later than 15 days after the enactment of this Act, EM shall 

provide to the Committees of Appropriations of both Houses of Congress an updated project data sheet for each EM major construction 

project funded by this Act for which the Department listed a cost 

or schedule reporting element as ‘‘TBD’’ in its fiscal year 2019 

budget request. 

Excess Facilities.—The recommendation includes additional onetime increases to accelerate the decontamination and decommissioning of certain high-risk excess facilities that were previously 

not slated for cleanup in the near term. Since the excess facilities 

projects funded in fiscal year 2018 are not shovel-ready, final cost 

estimates and schedules for how soon those efforts can be accomplished have not yet been developed. The Committee will monitor 

the progress of the accelerations funded in fiscal year 2018 to determine when and where additional funds can be executed on specific projects. Within amounts for OR Excess Facilities D&D, $15,000,000 is for 

demolition of Alpha-4 Building 9201–4 COLEX Process Equipment 

and $10,000,000 is for demolition of Building 9213. Within ID Excess Facilities D&D, $10,000,000 is provided for the D&D of excess 

facilities and infrastructure at Idaho National Laboratory. Within 

RL Excess Facilities D&D, EM shall commence work on high risk 

contaminated excess facilities at the Hanford Site identified in its 

Plan for Deactivation and Decommissioning of Nonoperational Defense Nuclear Facilities submitted to Congress in December 2016. 

In identifying new accelerations, EM should prioritize higher risk 

facilities identified as ‘‘Tier I’’ to take advantage of the current 

skilled workforce at the site. 

Hanford Site.—The recommendation includes funds above the 

budget request for the Richland Operations Office to support stable 

funding for general cleanup activities at the Hanford Site, to ensure expeditious completion of the remaining Columbia River Corridor work, and to prevent delays to existing and new Tri-Party 

Agreement milestones. 

Within the Office of River Protection, $15,000,000 is provided for 

the planning and conduct of a pilot plant demonstration project to 

validate commercial scale application of treatment, stabilization, 

transportation, and disposal of Hanford tank waste that includes, 

among other activities, filtration and ion-exchange of tank waste to 

qualify the pretreated waste stream as low-activity waste (LAW). 

The Department shall submit to the Committees on Appropriations 

of both Houses of Congress not later than September 30, 2019, a 

report that includes the lessons learned from the demonstration, 

estimated potential tank waste lifecycle cost and schedule savings, 

and recommendations, including alternatives for off-site commercial LAW treatment and disposal from an initial set of three Hanford tanks. 

Waste Treatment Plant (WTP).—The recommendation provides 

funding for the Waste Treatment Plant consistent with the reprogramming control points in the fiscal year 2018 Act, which better reflects the actual execution of the project. The Department is 

directed to submit its fiscal year 2020 budget request consistent 

with this budget structure. 

The Department is directed to resume full engineering design to 

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ment facility and the Pretreatment facility and shall report to the 

Committees on Appropriations of both Houses of Congress before 

moving forward with any plans to place the High-Level Waste 

Treatment facility and the Pre-Treatment facility into preservation 

mode for an extended period of time. 

The Government Accountability Office recently produced a report 

that cast doubt on the Office of River Protection’s ability to carry 

out oversight of its contractors’ quality assurance programs for the 

WTP project because its organizational structure did not ensure the 

independence of its oversight division. To ensure that oversight has 

been effectively conducted and that quality assurance issues have 

been appropriately identified prior to startup, the Department is 

directed to contract with an outside, independent agent with expertise in quality assurance programs to review current quality assurance procedures and to determine the full extent to which problems 

exist in all WTP structures. 

Idaho Site.—Within amounts for Idaho, $5,000,000 is provided 

for maturing the application of technologies to retrieve and disposition remote-handled mixed low level radioactive waste. 

Savannah River Site.—Within available funds for Site Risk Management, $3,000,000 shall be to support the disposition of spent 

fuel from the High Flux Isotope Reactor. As directed in fiscal year 

2018, EM shall not change cost sharing arrangements to reallocate 

site indirect costs from the NNSA to EM. The recommendation 

does not include additional funds for the Emergency Operations 

Center as EM has not yet completed a conceptual design for that 

project. Per 50 U.S.C. 2746, the Department is required to complete 

a conceptual design before requesting funding for a major construction project. The recommendation reallocates prior-year balances 

from Saltstone Disposal Unit 6 to fund additional needs of followon disposal unit projects at Savannah River. 

19–D–710 Savannah River Security System Replacement.—The 

recommendation includes $10,000,000. The project to upgrade the 

security systems at H, L, and K area facilities is a major construction activity, and the Department is required to obtain congressional authorization for carrying out the project as it did for similar 

projects at the Nevada National Security Site, Los Alamos National 

Laboratory, and the Y–12 National Security Complex. Not later 

than 30 days after the enactment of this Act, EM shall submit a 

project data sheet that includes planned scope, cost estimates, and 

schedule for the upgrade project. 

Technology Development.—Within Technology Development and 

Deployment, $5,000,000 is provided for the National Spent Nuclear 

Fuel Program to address issues related to storing, transporting, 

processing, and disposing of DOE-owned and managed spent nuclear fuel. Within these amounts, EM shall utilize funding to address the need for additional assessments into material degradation that may occur as a result of multiple decades of EM spent nuclear fuel storage facilities, nuclear material measuring and monitoring in DOE storage systems, and other activities recommendation by the U.S. Nuclear Waste Technical Review Board in its 2017 

report on the Management and Disposal of U.S. Department of Energy Spent Nuclear Fuel. Also within Technology Development and 

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119 

couraged to consider exploring options to develop and deploy wearable robotic devices to enhance worker safety. 

The Committee encourages the Department to continue a robust 

research effort to advance nuclear filtration testing and the development of state of the art containment ventilation systems. 

OTHER DEFENSE ACTIVITIES

Appropriation, 2018 ............................................................................ $840,000,000 

Budget estimate, 2019 ....................................................................... 853,300,000 

Recommended, 2019 ........................................................................... 870,300,000 

Comparison: 

Appropriation, 2018 .................................................................... +30,300,000 

Budget estimate, 2019 ................................................................ +17,000,000 

The Other Defense Activities account provides funding for the 

Office of Environment, Health, Safety and Security; the Office of 

Independent Enterprise Assessments; the Office of Legacy Management; Specialized Security Activities; Defense Related Administrative Support; and the Office of Hearings and Appeals. 

Within the Office of Nuclear Safety, the Committee directs the 

Department to continue its research into developing an advanced 

simulation tool that can more realistically predict the nonlinear response of critical nuclear facilities during earthquakes. With many 

mission critical facilities in seismically active regions, this research 

is in our nation’s vital interest. 

The agreement includes $17,000,000 above the budget request for 

targeted investments to defend the U.S. energy sector against the 

evolving threat of cyber and other attacks in support of the resiliency of the nation’s electric grid and energy infrastructure. 

DEFENSE NUCLEAR WASTE DISPOSAL

Appropriation, 2018 ............................................................................ $– – – 

Budget estimate, 2019 ....................................................................... 30,000,000 

Recommended, 2019 ........................................................................... 30,000,000 

Comparison: 

Appropriation, 2018 .................................................................... +30,000,000 

Budget estimate, 2019 ................................................................ – – – 

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

into the Nuclear Waste Fund. 

POWER MARKETING ADMINISTRATIONS 

Management of the federal power marketing functions was transferred from the Department of the Interior to the Department of 

Energy in the Department of Energy Organization Act of 1977 

(Public Law 95–91). These functions include the power marketing 

activities authorized under section 5 of the Flood Control Act of 

1944 and all other functions of the Bonneville Power Administration, the Southeastern Power Administration, the Southwestern 

Power Administration, and the power marketing functions of the 

Bureau of Reclamation that have been transferred to the Western 

Area Power Administration. 

All four power marketing administrations give preference in the 

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ties. Operations of the Bonneville Power Administration are financed principally under the authority of the Federal Columbia 

River Transmission System Act (Public Law 93–454). Under this 

Act, the Bonneville Power Administration is authorized to use its 

revenues to finance the costs of its operations, maintenance, and 

capital construction, and to sell bonds to the Treasury if necessary 

to finance any additional capital program requirements. 

Beginning in fiscal year 2011, power revenues from the Southeastern, Southwestern, and Western Area Power Administrations, 

which were previously classified as mandatory offsetting receipts, 

were reclassified as discretionary offsetting collections to directly 

offset annual expenses. The capital expenses of Southwestern and 

Western Area Power Administrations are appropriated annually. 

Beginning in fiscal year 2018, the Congressional Budget Office 

(CBO) changed its scoring of the power marketing administrations 

(PMAs). The change stemmed from information on execution of language regarding purchase power and wheeling expenses and offsetting collections included in this bill each year. The Committee appreciates the PMAs’ and their customers’ efforts to provide additional financial information. To address the increased score in the 

short-term, the recommendation reduces the maximum level for 

purchase power and wheeling below the budget request. The Committee will continue to work with the PMAs, their customers, and 

CBO to resolve scoring issues appropriately. 

Organizational Reporting.—The Department recently announced 

a change in organizational structure moving the point of reporting 

for the PMAs to the Assistant Secretary for Electricity from the 

Deputy Secretary. The Committee has heard concerns that the realignment may indicate an intention to change the substantive relationship between the Department and each PMA, including actions related to PMA leadership decisions, use of the PMAs and 

their resources, and ratemaking; the Committee does not support 

such a change. The PMAs have unique statutory requirements, and 

the Committee expects the Department to adhere to and not expand upon those requirements. 

BONNEVILLE POWER ADMINISTRATION FUND

The Bonneville Power Administration (BPA) is the Department 

of Energy’s marketing agency for electric power in the Pacific 

Northwest. Bonneville provides electricity to a 300,000 square mile 

service area in the Columbia River drainage basin. Bonneville markets the power from federal hydropower projects in the Northwest, 

as well as power from non-federal generating facilities in the region, and exchanges and markets surplus power with Canada and 

California. 

The Committee encourages the Corps of Engineers and Bureau 

of Reclamation to work with the BPA on efforts to drive down costs 

and promote BPA’s long-term competitiveness. Assuring BPA competitiveness is important not only for BPA’s operation, but to ensure Treasury repayment and assist the Corps and Reclamation in 

meeting their core functions (including navigation, flood control, 

water supply, and irrigation). The Committee is pleased that the 

operating agencies have taken important short-term steps on cost 

control and encourages efforts to make long-term improvements. 

The Committee encourages the Corps and Bureau to work with 

121 

BPA to optimize investment in the federal hydropower system, including prioritization of investments, effective project management 

approaches, including efficient procurement of equipment and services, and ensuring the cost effectiveness of any proposed higher 

capital spending levels for hydropower facilities. In addition, the 

Committee urges the operating agencies to strongly consider a review of the allocation of project costs including joint costs for the 

projects in the Federal Columbia River Power System and a review 

of the authorities allowing changes to such allocations, and to explore matters such as: (1) a more flexible workforce and businessoriented organization; (2) increased reliance on system automation 

as appropriate; (3) strategies to get labor costs stable or reduced 

long-term; and (4) further review of costs of conducting the new environmental impact statement for Columbia River System Operations to determine what costs are truly incremental. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

Budget estimate, 2019 ....................................................................... $– – – 

Appropriation, 2018 ............................................................................ – – – 

Recommended, 2019 ........................................................................... – – – 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ – – – 

The Southeastern Power Administration (SEPA) markets hydroelectric power produced at 22 Corps Projects in 11 states in the 

southeast. Southeastern does not own or operate any transmission 

facilities, so it contracts to ‘‘wheel’’ its power using the existing 

transmission facilities of area utilities. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

Appropriation, 2018 ............................................................................ $11,400,000 

Budget estimate, 2019 ....................................................................... 10,400,000 

Recommended, 2019 ........................................................................... 10,400,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥1,000,000 

Budget estimate, 2019 ................................................................ – – – 

The Southwestern Power Administration (SWPA) markets hydroelectric power produced at 24 Corps projects in the six-state area 

of Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas. 

SWPA operates and maintains 1,380 miles of transmission lines, 

along with supporting substations and communications sites. 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

Appropriation, 2018 ............................................................................ $93,372,000 

Budget estimate, 2019 ....................................................................... 89,372,000 

Recommended, 2019 ........................................................................... 89,372,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥4,000,000 

Budget estimate, 2019 ................................................................ – – – 

The Western Area Power Administration is responsible for marketing the electric power generated by the Bureau of Reclamation, 

the Corps, and the International Boundary and Water Commission. 

Western also operates and maintains a system of transmission 

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lines nearly 17,000 miles long. Western provides electricity to 15 

western states over a service area of 1.3 million square miles. 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

Appropriation, 2018 ............................................................................ $228,000 

Budget estimate, 2019 ....................................................................... 228,000 

Recommended, 2019 ........................................................................... 228,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ – – – 

Falcon Dam and Amistad Dam are two international water 

projects located on the Rio Grande River between Texas and Mexico. Power generated by hydroelectric facilities at these two dams 

is sold to public utilities through the Western Area Power Administration. The Foreign Relations Authorization Act for Fiscal Years 

1994 and 1995 created the Falcon and Amistad Operating and 

Maintenance Fund to defray the costs of operation, maintenance, 

and emergency activities. The Fund is administered by the Western 

Area Power Administration for use by the Commissioner of the 

U.S. Section of the International Boundary and Water Commission. 

The budget request includes a proposal for authority to accept 

contributed funds in fiscal year 2019 for use in fulfilling duties associated with the Falcon and Amistad Dams. This authority would 

be equivalent to the authority used throughout the Western Area 

Power Administration to secure alternative financing. The Committee includes this proposal. 

The Committee continues to hear concerns that additional infrastructure investments are necessary at these dams. The fiscal year 

2018 Act directed Western to coordinate with the International 

Boundary and Water Commission to determine a plan for addressing any needed improvements and brief the Committees on Appropriations of both Houses of Congress not later than 90 days after 

the enactment of this Act on progress towards finalizing a plan. 

The Committee reiterates this direction. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

Appropriation, 2018 ............................................................................ $367,600,000 

Budget estimate, 2019 ....................................................................... 369,900,000 

Recommended, 2019 ........................................................................... 369,900,000 

Comparison: 

Appropriation, 2018 .................................................................... +2,300,000 

Budget estimate, 2019 ................................................................ – – – 

REVENUES

Appropriation, 2018 ............................................................................ $¥367,600,000 

Budget estimate, 2019 ....................................................................... ¥369,900,000 

Recommended, 2019 ........................................................................... ¥369,900,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥2,300,000 

Budget estimate, 2019 ................................................................ – – – 

The Committee recommendation for the Federal Energy Regulatory Commission (FERC) is $369,900,000, the same as the budget 

request. Revenues for FERC are established at a rate equal to the 

budget authority, resulting in a net appropriation of $0. 

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The fiscal year 2018 Act directed FERC to analyze electricity 

transmission investment incentives in rate treatments to determine 

ways to encourage efficient investment for critical infrastructure 

security and to report this analysis to the Committees on Appropriations of both Houses of Congress not later than 180 days after 

the enactment of the Act. The Committee encourages FERC to 

meet the provided deadline. 

Resilience.—California recently experienced one of its worst fire 

seasons in modern history, resulting in severe challenges to the 

well-being of utilities and the electric system in that state. The 

Committee is concerned that the safe, reliable, and affordable delivery of electricity to consumers could be compromised by the increasing frequency and severity of natural disasters—including 

hurricanes, floods, and wildfires. The Committee directs the Federal Energy Regulatory Committee (FERC) to continue working 

with industry on cost-effective ways within its jurisdiction to increase the resilience of the electric transmission system. These efforts shall include just and reasonable cost-recovery mechanisms 

for the development of resilient infrastructure and system repair 

and restoration, as well as practices to better prepare the nation’s 

bulk power system for natural disasters. FERC shall study the impacts and effects of strict liability doctrines on utilities’ ability to 

invest in the reliability and resilience of transmission systems. 

FERC is directed to report its findings and recommendations to the 

Committees on Appropriations of both Houses of Congress, as well 

as the House Energy and Commerce Committee and the Senate 

Energy and Natural Resources Committee, not later than 90 days 

after the enactment of this Act. 

COMMITTEE RECOMMENDATION

The Committee’s detailed funding recommendations for programs 

in Title III are contained in the following table: 

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155 


Insert offset folio 79 here 28042A.071
156 


Insert offset folio 80 here 28042A.072
157 


Insert offset folio 81 here 28042A.073
158 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

(INCLUDING TRANSFERS OF FUNDS)

The bill includes a provision that prohibits the use of funds provided in this title to initiate requests for proposals, other solicitations or arrangements for new programs or activities that have not 

yet been approved and funded by the Congress; requires notification or a report for certain funding actions; prohibits funds to be 

used for certain multi-year ‘‘Energy Programs’’ activities without 

notification; prohibits the obligation or expenditure of funds provided in this title through a reprogramming of funds except in certain circumstances; and permits the transfer and merger of unexpended balances of prior appropriations with appropriation accounts established in this bill. 

The bill continues a provision that authorizes intelligence activities of the Department of Energy for purposes of section 504 of the 

National Security Act of 1947. 

The bill continues a provision that prohibits the use of funds in 

this title for capital construction of high hazard nuclear facilities, 

unless certain independent oversight is conducted. 

The bill continues a provision that prohibits the use of funds provided in this title to approve critical decision-2 or critical decision3 for certain construction projects, unless a separate independent 

cost estimate has been developed for that critical decision. 

The bill includes a provision limiting the amount of funds to be 

used for the working capital fund. 

The bill continues a provision restricting certain activities in the 

Russian Federation. 

The bill continues a provision regarding management of the Strategic Petroleum Reserve. 

The bill includes a provision restricting the use of funds for the 

Mixed Oxide Fuel Fabrication Facility Project. 

The bill includes a provision regarding authority to release refined petroleum product from the Strategic Petroleum Reserve 

(SPR). Instead of engaging the Congress on developing appropriate 

legislation for a regional refined petroleum product reserve, the 

previous Administration chose to establish the Northeast Gasoline 

Supply Reserve (NGSR) under the existing authorities of the SPR. 

As such, the NGSR is subject to national impact thresholds for releases, making it operationally ineffective as a regional product reserve. The Committee on Energy and Commerce of the House of 

Representatives is evaluating the proper configuration of the SPR 

in light of current circumstances. This evaluation will be informed, 

in part, by an assessment of the SPR being undertaken by the Government Accountability Office. While this work is ongoing, this bill 

includes temporary authority to ensure the operational effectiveness of the NGSR. 

The bill includes a provision regarding a report on the potential 

of locating a reprocessing or recycling facility for spent nuclear fuel 

near the Yucca Mountain site. 

159 

TITLE IV—INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

Appropriation, 2018 ............................................................................ $155,000,000 

Budget estimate, 2019 ....................................................................... 152,000,000 

Recommended, 2019 ........................................................................... 155,000,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +3,000,000 

The Appalachian Regional Commission (ARC) is a regional economic development agency established in 1965 by the Appalachian 

Regional Development Act (P.L. 89–4). It is composed of the governors of the 13 Appalachian States and a federal co-chair appointed by the President. Each year, the ARC provides funding for 

several hundred projects in the Appalachian Region in areas such 

as business development, education and job training, telecommunications, infrastructure, community development, housing, and 

transportation. 

To diversify and enhance regional business development, $10,000,000 is provided to continue the program of high-speed 

broadband deployment in distressed counties within the Central 

Appalachian region that have been most negatively impacted by 

the downturn in the coal industry. This funding shall be in addition to the 30 percent directed to distressed counties. 

The Committee is concerned that many rural areas in the Central Appalachian region continue to face a variety of significant and 

detrimental health issues. The Committee directs the ARC to engage in a partnership with a rural consortium that includes academic entities, rural health care providers, and economic development entities in order to develop information and data on overall 

agricultural and human health issues, how economic distress can 

be overcome through addressing these issues, and strategies for implementing solutions. The ARC is directed to provide to the Committees on Appropriations of both Houses of Congress not later 

than one year after the enactment of this Act a report describing 

activities in support of this effort. Within available funds, the Committee directs $50,000,000 for 

activities in support of the POWER+ Plan. 

The ARC targets 50 percent of its funds to distressed counties or 

distressed areas in the Appalachian region. The Committee continues to believe this should be the primary focus of the ARC. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

Appropriation, 2018 ............................................................................ $31,000,000 

Budget estimate, 2019 ....................................................................... 31,243,000 

Recommended, 2019 ........................................................................... 31,243,000 

Comparison: 

Appropriation, 2018 .................................................................... +243,000 

Budget estimate, 2019 ................................................................ – – – 

The Defense Nuclear Facilities Safety Board (DNFSB) was created by the fiscal year 1989 National Defense Authorization Act. 

The Board, composed of five members appointed by the President, 

provides advice and recommendations to the Secretary of Energy 

regarding public health and safety issues at the Department’s deVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00159 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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fense nuclear facilities. The DNFSB is responsible for reviewing 

and evaluating the content and implementation of the standards 

relating to the design, construction, operation, and decommissioning of the Department of Energy’s defense nuclear facilities. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

Appropriation, 2018 ............................................................................ $25,000,000 

Budget estimate, 2019 ....................................................................... 2,500,000 

Recommended, 2019 ........................................................................... 15,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥10,000,000 

Budget estimate, 2019 ................................................................ +12,500,000 

The Delta Regional Authority (DRA) is a federal-state partnership established by the Delta Regional Authority Act of 2000 (P.L. 

106–554) that serves a 252-county/parish area in an eight-state region near the mouth of the Mississippi River. Led by a federal cochair and the governors of each participating state, the DRA is designed to remedy severe and chronic economic distress by stimulating economic development and fostering partnerships that will 

have a positive impact on the region’s economy. The DRA seeks to 

help local communities leverage other federal and state programs 

that are focused on basic infrastructure development, transportation improvements, business development, and job training services. Under federal law, at least 75 percent of appropriated funds 

must be invested in distressed counties and parishes, with 50 percent of the funds for transportation and basic infrastructure improvements. 

The budget request proposed to eliminate funding for the DRA. 

The recommendation does not include funds to shut down the DRA. 

DENALI COMMISSION

Appropriation, 2018 ............................................................................ $30,000,000 

Budget estimate, 2019 ....................................................................... 7,300,000 

Recommended, 2019 ........................................................................... 15,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥15,000,000 

Budget estimate, 2019 ................................................................ +7,700,000 

The Denali Commission is a regional development agency established by the Denali Commission Act of 1998 (P.L. 105–277) to provide critical utilities, infrastructure, health services, and economic 

support throughout Alaska. To ensure that local communities have 

a stake in Commission-funded projects, local cost-share requirements for construction and equipment have been established for 

both distressed and non-distressed communities. 

The budget request proposed to eliminate funding for the Denali 

Commission. The recommendation does not include funds to shut 

down the Denali Commission. 

NORTHERN BORDER REGIONAL COMMISSION

Appropriation, 2018 ............................................................................ $15,000,000 

Budget estimate, 2019 ....................................................................... 850,000 

Recommended, 2019 ........................................................................... 12,000,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥3,000,000 

Budget estimate, 2019 ................................................................ +11,150,000 

161 

The Food, Conservation, and Energy Act of 2008 (P.L.110–234) 

authorized the establishment of the Northern Border Regional 

Commission as a federal-state partnership intended to address the 

economic development needs of distressed portions of the four-state 

region of Maine, New Hampshire, Vermont, and New York. 

The budget request proposed to eliminate funding for the Northern Border Regional Commission. The recommendation does not include funds to shut down the Northern Border Regional Commission. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

Appropriation, 2018 ............................................................................ $250,000 

Budget estimate, 2019 ....................................................................... – – – 

Recommended, 2019 ........................................................................... 250,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ +250,000 

The Food, Conservation, and Energy Act of 2008 (P.L. 110–234) 

authorized the establishment of the Southeast Crescent Regional 

Commission as a federal-state partnership intended to address the 

economic development needs of distressed portions of the sevenstate region in the southeastern United States not already served 

by a regional development agency. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

Appropriation, 2018 ............................................................................ $909,137,000 

Budget estimate, 2019 ....................................................................... 958,050,000 

Recommended, 2019 ........................................................................... 953,050,000 

Comparison: 

Appropriation, 2018 .................................................................... +43,913,000 

Budget estimate, 2019 ................................................................ ¥5,000,000 

REVENUES

Appropriation, 2018 ............................................................................ $¥779,768,000 

Budget estimate, 2019 ....................................................................... ¥805,019,000 

Recommended, 2019 ........................................................................... ¥763,640,000 

Comparison: 

Appropriation, 2018 .................................................................... +16,128,000 

Budget estimate, 2019 ................................................................ +41,379,000 

NET APPROPRIATION

Appropriation, 2018 ............................................................................ $129,301,000 

Budget estimate, 2019 ....................................................................... 153,031,000 

Recommended, 2019 ........................................................................... 189,410,000 

Comparison: 

Appropriation, 2018 .................................................................... +60,109,000 

Budget estimate, 2019 ................................................................ +36,379,000 

The Committee recommendation for the Nuclear Regulatory 

Commission (NRC) provides the following amounts: 

(Dollars in thousands) 

Account FY 2018 enacted FY 2019 request Cmte. rec. 

Nuclear Reactor Safety ............................................................................... $466,655 $474,767 $474,767

Nuclear Materials and Waste Safety .......................................................... 113,145 110,609 110,609 

Decommissioning and Low-Level Waste ..................................................... 27,980 25,393 25,393 

Integrated University Program .................................................................... 15,000 0 15,000 

162 

(Dollars in thousands) 

Account FY 2018 enacted FY 2019 request Cmte. rec. 

Yucca licensing ........................................................................................... 0 47,700 47,700 

Corporate Support ....................................................................................... 301,357 299,581 299,581

TOTAL, Program Level ............................................................... 924,137 958,050 973,050 

Savings and Carryover ................................................................................ -15,000 – – – ¥20,000 

TOTAL ........................................................................................ 909,137 958,050 953,050 

The recommendation includes $20,000,000 in savings for fiscal 

year 2019 that was not included in the budget request. The Committee directs the Commission to apply these savings in a manner 

that continues to ensure the protection of public health and safety 

and maintains the effectiveness of the current inspection program. 

Since the Commission has already collected fees corresponding to 

these activities in prior years, these funds are not included within 

the fee base calculation for determining authorized revenues and 

does not provide authority to collect additional offsetting receipts 

for their use. 

Within available funds, not more than $9,500,000 is included for 

salaries, travel, and other support costs for the Office of the Commission. These salaries and expenses shall include only salaries 

and benefit and travel costs, and not general and administrative 

and infrastructure costs. The Committee directs that these funds 

are to be jointly managed by the Commissioners, and the bill requires that the use and expenditure of these salaries and expenses 

shall only be by a majority vote of the Commission. The NRC shall 

continue to include a breakout and explanation of the Commission 

salaries and expenses in its annual budget requests. If the Commission wishes to change the composition of the funds requested 

for its salaries and expenses in future years, it must do so in an 

annual budget request or through a reprogramming. 

The recommendation directs $47,700,000 to continue adjudication 

of the Yucca Mountain license application. 

Integrated University Program.—The Committee recommendation includes $15,000,000 to provide financial support for the university education programs, as the Commission continues to be reliant on a pipeline of highly trained nuclear engineers and scientists and benefits substantially from this university program. Of 

this amount, $5,000,000 is to be used for grants to support research 

projects that do not align with programmatic missions, but are critical to maintaining the discipline of nuclear science and engineering. 

Transformation Initiative.—The Committee commends the NRC 

for launching its Transformation Initiative in January. This Initiative is intended to enhance the NRC’s ability to evaluate and regulate new and novel technologies—such as accident tolerant fuels, 

new materials and new manufacturing approaches, big data, digital 

instrumentation and controls, and small modular and advanced reactor designs—that will challenge the NRC’s current regulatory 

framework. As such, the NRC’s success in this initiative will be essential to establishing a pathway for the efficient regulation of future nuclear technologies in the United States. The Committee expects the NRC budget request for fiscal year 2020 to include conVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00162 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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crete proposals developed under the Initiative and to reflect savings achieved from their implementation. 

Accident Tolerant Fuel.—Development and deployment of accident tolerant fuel (ATF) holds great promise in improving both the 

safety and economics of the nation’s existing reactor fleet. To develop an efficient framework for the qualification and regulation of 

these new fuels in support of their deployment by the mid-2020s, 

the NRC must ensure that its work is complementary to and not 

unnecessarily duplicative of the efforts of the Department of Energy, National Laboratories, and fuel developers. Not later than 

180 days after the enactment of this Act, the NRC shall submit to 

the Committees on Appropriations of both Houses of Congress a 

plan describing the NRC’s activities with respect to the testing of 

materials, the development of consensus standards, and the validation of computer codes and how these activities will be integrated 

with the work of external organizations. The plan shall describe 

how the Advanced Test Reactor, the Transient Reactor Test Facility, and the Halden Reactor are necessary to support these efforts. 

Digital Instrumentation and Control.—The future of commercial 

nuclear power depends, in part, on the NRC’s ability to keep pace 

with innovation and technological developments. Although the 

NRC has demonstrated its capacity to adapt to new technology and 

innovation in its decision to issue a construction permit for a firstof-a-kind medical isotope production facility, this adaptive thinking 

is not evident in the NRC’s work on the licensing of digital systems 

for nuclear safety-related applications, where the agency remains 

mired in unresolved complexity while the obsolesce issues for the 

U.S. nuclear fleet grow more and more urgent. Digital systems 

serve vital safety functions throughout the aviation and military 

sectors. Not later than 90 days after the enactment of this Act, the 

NRC shall provide to the Committees on Appropriations of both 

Houses of Congress a report describing the approaches to permitting the use of digital instrumentation and control in safety applications outside of nuclear, discussing whether these approaches 

would be acceptable in nuclear applications, and if not, explaining 

why not. 

Budget Execution Plan.—The Commission shall provide a specific 

budget execution plan to the Committees on Appropriations of both 

Houses of Congress not later than 30 days after the enactment of 

this Act. The plan shall include details at the product line level 

within each of the control points. 

Rulemaking.—The Commission shall list all rulemaking activities planned, to include their priority, schedule, and actions taken 

to adhere to the backfit rule, in the annual budget request and the 

semi-annual report to Congress on licensing and regulatory activities. 

Reporting Requirements.—The Committee directs the Commission to continue to provide quarterly reports on licensing goals and 

right-sizing commitments, as described in the explanatory statement for P.L. 114–113. 

Organization Optimization.—In fiscal year 2018, the Commission 

was directed to submit a report on actions taken to improve the fidelity of the agency estimates of necessary FTE levels and to optimize the structure of the agency over the next five years. The ComVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00163 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
164 

mittee reaffirms this direction and may have additional guidance 

after review of the report. 

OFFICE OF INSPECTOR GENERAL

GROSS APPROPRIATION

Appropriation, 2018 ............................................................................ $12,859,000 

Budget estimate, 2019 ....................................................................... 12,609,000 

Recommended, 2019 ........................................................................... 12,609,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥250,000 

Budget estimate, 2019 ................................................................ – – – 

REVENUES

Appropriation, 2018 ............................................................................ $¥10,555,000 

Budget estimate, 2019 ....................................................................... ¥10,355,000 

Recommended, 2019 ........................................................................... ¥10,355,000 

Comparison: 

Appropriation, 2018 .................................................................... +200,000 

Budget estimate, 2019 ................................................................ – – – 

NET APPROPRIATION

Appropriation, 2018 ............................................................................ $2,304,000 

Budget estimate, 2019 ....................................................................... 2,254,000 

Recommended, 2019 ........................................................................... 2,254,000 

Comparison: 

Appropriation, 2018 .................................................................... ¥50,000 

Budget estimate, 2019 ................................................................ – – – 

The Committee has included $1,103,000 within this appropriation for the Defense Nuclear Facilities Safety Board for Inspector 

General services from the Nuclear Regulatory Commission Inspector General. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

Appropriation, 2018 ............................................................................ $3,600,000 

Budget estimate, 2019 ....................................................................... 3,600,000 

Recommended, 2019 ........................................................................... 3,600,000 

Comparison: 

Appropriation, 2018 .................................................................... – – – 

Budget estimate, 2019 ................................................................ – – – 

The Nuclear Waste Technical Review Board (NWTRB) was established by the 1987 amendments to the Nuclear Waste Policy Act 

of 1982 to provide independent technical oversight of the Department of Energy’s nuclear waste disposal program. The Committee 

expects the NWTRB to continue its active engagement with the Department and the Nuclear Regulatory Commission on issues involving nuclear waste disposal. 

GENERAL PROVISIONS—INDEPENDENT AGENCIES 

The bill continues a provision requiring the Nuclear Regulatory 

Commission to fully comply with Congressional requests for information. 

The bill continues a provision regarding the circumstances in 

which the Nuclear Regulatory Commission may reprogram funds. 

165 

TITLE V—GENERAL PROVISIONS 

The bill continues a provision that prohibits the use of funds provided in this Act to, in any way, directly or indirectly influence congressional action on any legislation or appropriation matters pending before the Congress, other than to communicate to Members of 

Congress as described in section 1913 of Title 18, United States 

Code. 

The bill continues a provision consolidating the transfer authorities into and out of accounts funded by this Act. No additional 

transfer authority is implied or conveyed by this provision. For the 

purposes of this provision, the term ‘‘transfer’’ shall mean the shifting of all or part of the budget authority in one account to another. 

The bill continues a provision prohibiting funds in contravention 

of E.O. 12898 of February 11, 1994, regarding environmental justice. 

The bill includes a provision prohibiting funds in this Act from 

being used to maintain or establish computer networks unless such 

networks block the viewing, downloading, or exchange of pornography. 

The bill includes a provision prohibiting the use of funds to further implementation of components of the National Ocean Policy 

developed under E.O. 13547. 

The bill includes a provision prohibiting the use of funds to operate the Federal Columbia River Power System in a manner inconsistent with the Army Corps of Engineers’ 2017 Fish Operations 

Plan. 

The bill includes a provision prohibiting the use of funds for the 

removal of any federally-owned or operated dam unless the removal was previously authorized by Congress. 

The bill continues a provision prohibiting funds in this Act from 

being used to close the Yucca Mountain license application process 

or for actions that would remove the possibility that Yucca Mountain might be an option in the future. 

The bill includes a provision regarding the spending reduction 

account. 

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS 

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

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

166 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfer of funds provided in the accompanying bill. 

TITLE I—CORPS OF ENGINEERS—CIVIL 

Under section 103, ‘‘General Provisions, Corps of Engineers— Civil’’, $5,400,000 under the heading ‘‘Operation and Maintenance’’ 

may be transferred to the Fish and Wildlife Service to mitigate for 

fisheries lost due to Corps projects. 

TITLE II—BUREAU OF RECLAMATION 

Under ‘‘Water and Related Resources’’, $67,393,000 is available 

for transfer to the Upper Colorado River Basin Fund and 

$5,551,000 is available for transfer to the Lower Colorado River 

Basin Development Fund. Such funds as may be necessary may be 

advanced to the Colorado River Dam Fund. The amounts of transfers may be increased or decreased within the overall appropriation 

under the heading. 

Under ‘‘California Bay Delta Restoration’’, such sums as may be 

necessary to carry out authorized purposes may be transferred to 

appropriate accounts of other participating federal agencies. 

TITLE III—DEPARTMENT OF ENERGY 

Under ‘‘Atomic Energy Defense Activities—National Nuclear Security Administration—Naval Reactors’’, $85,500,000 shall be 

transferred to ‘‘Department of Energy—Energy Programs—Nuclear 

Energy’’ for the Advanced Test Reactor. 

Under section 301, ‘‘General Provisions—Department of Energy’’, 

unexpended balances of prior appropriations provided for activities 

in this Act may be transferred to appropriation accounts for such 

activities established pursuant to this title. Balances so transferred 

may be merged with funds in the applicable established accounts 

and thereafter may be accounted for as one fund for the same time 

period as originally enacted. 

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI. 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

describing the effect of provisions in the accompanying bill which 

directly or indirectly change the application of existing law. 

TITLE I—CORPS OF ENGINEERS 

Language has been included under Corps of Engineers, Investigations, providing for detailed studies and plans and specifications of projects prior to construction. 

167 

Language has been included under Corps of Engineers, Investigations, providing for a limited number of new starts. 

Language has been included under Corps of Engineers, Construction, stating that funds can be used for the construction of river 

and harbor, flood and storm damage reduction, shore protection, 

aquatic ecosystem restoration, and related projects authorized by 

law, and for detailed studies and plans and specifications of such 

projects. 

Language has been included under Corps of Engineers, Construction, permitting the use of funds from the Inland Waterways Trust 

Fund and the Harbor Maintenance Trust Fund. 

Language has been included under Corps of Engineers, Construction, providing for a limited number of new starts. 

Language has been included under Corps of Engineers, Mississippi River and Tributaries, permitting the use of funds from the 

Harbor Maintenance Trust Fund. 

Language has been included under the Corps of Engineers, Operation and Maintenance, stating that funds can be used for: the operation, maintenance, and care of existing river and harbor, flood 

and storm damage reduction, aquatic ecosystem restoration, and 

related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative 

buildings and laboratories; maintaining authorized harbor channels 

provided by a State, municipality, or other public agency that serve 

essential navigation needs of general commerce; surveying and 

charting northern and northwestern lakes and connecting waters; 

clearing and straightening channels; and removing obstructions to 

navigation. 

Language has been included under Corps of Engineers, Operation and Maintenance, permitting the use of funds from the Harbor Maintenance Trust Fund; providing for the use of funds from 

a special account for resource protection, research, interpretation, 

and maintenance activities at outdoor recreation areas; and allowing use of funds to cover the cost of operation and maintenance of 

dredged material disposal facilities for which fees have been collected. 

Language has been included under Corps of Engineers, Operation and Maintenance, providing that one percent of the total 

amount of funds provided for each of the programs, projects, or activities funded under the Operation and Maintenance heading shall 

not be allocated to a field operating activity until the fourth quarter of the fiscal year and permitting the use of these funds for 

emergency activities as determined by the Chief of Engineers to be 

necessary and appropriate. 

Language has been included under Corps of Engineers, Expenses, regarding support of the Humphreys Engineer Support 

Center Activity, the Institute for Water Resources, the United 

States Army Engineer Research and Development Center, and the 

United States Army Corps of Engineers Finance Center. 

Language has been included under Corps of Engineers, Expenses, providing that funds are available for official reception and 

representation expenses. 

Language has been included under Corps of Engineers, Expenses, prohibiting the use of other funds in Title I of this Act for 

the activities funded in Expenses. 

168 

Language has been included under Corps of Engineers, Expenses, permitting any Flood Control and Coastal Emergency appropriation to be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane or other natural disaster. 

Language has been included to provide for funding for the Office 

of the Assistant Secretary of the Army for Civil Works. 

Language has been included under Corps of Engineers, General 

Provisions, section 101, providing that none of the funds may be 

available for obligation or expenditure through a reprogramming of 

funds except in certain circumstances. 

Language has been included under Corps of Engineers, General 

Provisions, section 102, prohibiting the execution of any contract 

for a program, project or activity which commits funds in excess of 

the amount appropriated (to include funds reprogrammed under 

section 101) that remain unobligated. 

Language has been included under Corps of Engineers, General 

Provisions, section 103, providing for transfer authority to the Fish 

and Wildlife Service for mitigation for lost fisheries. 

Language has been included under Corps of Engineers, General 

Provisions, section 104, prohibiting certain dredged material disposal activities. 

Language has been included under Corps of Engineers, General 

Provisions, section 105, prohibiting any acquisition that is not consistent with a certain federal regulation. 

Language has been included under Corps of Engineers, General 

Provisions, section 106, prohibiting certain activities at a Corps of 

Engineers project. 

Language has been included under Corps of Engineers, General 

Provisions, section 107, prohibiting requirement of a permit for the 

discharge of dredged or fill material under the Federal Water Pollution Control Act for certain activities. 

Language has been included under Corps of Engineers, General 

Provisions, section 108, repealing a certain rule under the Federal 

Water Pollution Control Act. 

Language has been included under Corps of Engineers, General 

Provisions, section 109, allowing the possession of firearms at 

water resources development projects under certain circumstances. 

Language has been included under corps of Engineers, General 

Provisions, section 110, prohibiting funds for a new hopper dredge. 

TITLE II—DEPARTMENT OF THE INTERIOR 

Language has been included under Bureau of Reclamation, 

Water and Related Resources, providing that funds are available 

for fulfilling federal responsibilities to Native Americans and for 

grants to and cooperative agreements with State and local governments and Indian tribes. 

Language has been included under Bureau of Reclamation, 

Water and Related Resources, allowing fund transfers within the 

overall appropriation to the Upper Colorado River Basin Fund and 

the Lower Colorado River Basin Development Fund; providing that 

such sums as necessary may be advanced to the Colorado River 

Dam Fund; and, transfers may be increased or decreased within 

the overall appropriation. 

169 

Language has been included under Bureau of Reclamation, 

Water and Related Resources, providing for funds to be derived 

from the Reclamation Fund or the special fee account established 

by 16 U.S.C. 6806; that funds contributed under 43 U.S.C. 395 by 

non-federal entities shall be available for expenditure; and that 

funds advanced under 43 U.S.C. 397a are to be credited to the 

Water and Related Resources account and available for expenditure. 

Language has been included under Bureau of Reclamation, 

Water and Related Resources, providing that funds may be used for 

high priority projects carried out by the Youth Conservation Corps, 

as authorized by 16 U.S.C. 1706. 

Language has been included under Bureau of Reclamation, Central Valley Project Restoration Fund, directing the Bureau of Reclamation to assess and collect the full amount of additional mitigation and restoration payments authorized by section 3407(d) of 

Public Law 102–575. 

Language has been included under Bureau of Reclamation, Central Valley Project Restoration Fund, providing that none of the 

funds under the heading may be used for the acquisition or lease 

of water for in-stream purposes if the water is already committed 

to in-stream purposes by a court order adopted by consent or decree. 

Language has been included under Bureau of Reclamation, California Bay-Delta Restoration, permitting the transfer of funds to 

appropriate accounts of other participating federal agencies to 

carry out authorized programs; allowing funds made available 

under this heading to be used for the federal share of the costs of 

the CALFED Program management; and requiring that CALFED 

implementation be carried out with clear performance measures 

demonstrating concurrent progress in achieving the goals and objectives of the program. 

Language has been included under Bureau of Reclamation, Policy and Administration, providing that funds are to be derived from 

the Reclamation Fund and prohibiting the use of any other appropriation in the Act for activities budgeted as policy and administration expenses. 

Language has been included under Bureau of Reclamation, Administrative Provision, providing for the purchase of motor vehicles 

for replacement. 

Language has been included under General Provisions, Department of the Interior, section 201, providing that none of the funds 

may be available for obligation or expenditure through a reprogramming of funds except in certain circumstances. 

Language has been included under General Provisions, Department of the Interior, section 202, regarding the San Luis Unit and 

the Kesterson Reservoir in California. 

Language has been included under General Provisions, Department of the Interior, section 203, regarding the use of diversion 

structures at a Bureau of Reclamation project. 

Language has been included under General Provisions, Department of the Interior, section 204, regarding a feasibility study. 

Language has been included under General Provisions, Department of the Interior, section 205, prohibiting funds to implement 

the San Joaquin River Restoration program. 

170 

Language has been included under General Provisions, Department of the Interior, section 206, prohibiting funds to purchase 

water in certain circumstances. 

Language has been included under General Provisions, Department of the Interior, section 207, regarding pumped storage hydropower development. 

TITLE III—DEPARTMENT OF ENERGY 

Language has been included under Energy Efficiency and Renewable Energy for the purchase, construction, and acquisition of plant 

and capital equipment. 

Language has been included under Electricity Delivery and Energy Reliability for the purchase, construction, and acquisition of 

plant and capital equipment. 

Language has been included under Nuclear Energy for the purchase, construction, and acquisition of plant and capital equipment. 

Language has been included under Fossil Energy Research and 

Development for the acquisition of interest, including defeasible 

and equitable interest in any real property or any facility or for 

plant or facility acquisition or expansion, and for conducting inquires, technological investigations, and research concerning the 

extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs under 30 U.S.C. 3, 

1602 and 1603. 

Language has been included under the Naval Petroleum and Oil 

Shale Reserves, permitting the use of unobligated balances. 

Language has been included under the Strategic Petroleum Reserve, directing the Secretary of Energy to draw down and sell 

crude oil from the Strategic Petroleum and providing that the proceeds be deposited in the Energy Security and Infrastructure Modernization Fund for use in carrying out the Life Extension II 

project. 

Language has been included under Science providing for the purchase, construction, and acquisition of plant and capital equipment; 

and for the purchase of motor vehicles and an airplane. 

Language has been included under Nuclear Waste Disposal for 

the acquisition of real property or facility construction or expansion. 

Language has been included under Innovative Technology Loan 

Guarantee Program crediting fees collected pursuant to section 

1702(h) of the Energy Policy Act of 2005 as offsetting collections to 

this account and making fees collected under section 1702(h) in excess of the appropriated amount unavailable for expenditure until 

appropriated. 

Language has been included under Innovative Technology Loan 

Guarantee Program prohibiting the subordination of certain interests. 

Language has been included under Innovative Technology Loan 

Guarantee Program rescinding subsidy amounts for the cost of loan 

guarantees. 

Language has been included under Departmental Administration 

providing for the hire of passenger vehicles and for official reception and representation expenses. 

Language has been included under Departmental Administration 

providing, notwithstanding the provisions of the Anti-Deficiency 

171 

Act, such additional amounts as necessary to cover increases in the 

estimated amount of cost of work for others, as long as such increases are offset by revenue increases of the same or greater 

amounts. 

Language has been included under Departmental Administration, notwithstanding 31 U.S.C. 3302, and consistent with the authorization in Public Law 95–238, to permit the Department of Energy to use revenues to offset appropriations. The appropriations 

language for this account reflects the total estimated program 

funding to be reduced as revenues are received. 

Language has been included under Weapons Activities for the 

purchase, construction, and acquisition of plant and capital equipment. 

Language has been included under Defense Nuclear Nonproliferation for the purchase, construction, and acquisition of plant 

and capital equipment and other incidental expenses. 

Language has been included under Naval Reactors for the purchase, construction, and acquisition of plant and capital equipment, 

facilities, and facility expansion and for the purchase of aircraft. 

Language has been included under Naval Reactors transferring 

certain funds to Nuclear Energy. 

Language has been included under Federal Salaries and Expenses providing funding for official reception and representation 

expenses. 

Language has been included under Defense Environmental 

Cleanup for the purchase, construction, and acquisition of plant 

and capital equipment; and for the purchase of passenger vehicles. 

Language has been included under Other Defense Activities for 

the purchase, construction, and acquisition of plant and capital 

equipment. 

Language has been included under Defense Nuclear Waste Disposal for the acquisition of real property or facility construction or 

expansion. 

Language has been included under Bonneville Power Administration Fund providing funding for official reception and representation expenses and precluding any new direct loan obligations. 

Language has been included under Southeastern Power Administration providing funds for official reception and representation expenses. 

Language has been included under Southeastern Power Administration providing that, notwithstanding 31 U.S.C. 3302 and 16 

U.S.C. 825s, amounts collected from the sale of power and related 

services shall be credited to the account as discretionary offsetting 

collections and remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration; amounts collected to recover purchase power and 

wheeling expenses shall be credited to the account as offsetting collections and remain available until expended for the sole purpose 

of making purchase power and wheeling expenditures. 

Language has been included under Southwestern Power Administration providing funds for official reception and representation 

expenses. 

Language has been included under Southwestern Power Administration providing that, notwithstanding 31 U.S.C. 3302 and 16 

U.S.C. 825s, amounts collected from the sale of power and related 

172 

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 

173 

section 504 of the National Security Act of 1947 during fiscal year 

2019 until enactment of the Intelligence Authorization Act for fiscal 

year 2019. 

Language has been included under Department of Energy, General Provisions, section 303, prohibiting the use of funds for capital 

construction of high hazard nuclear facilities unless certain independent oversight is conducted. 

Language has been included under Department of Energy, General Provisions, section 304, prohibiting the use of funds to approve 

critical decision-2 or critical decision-3 for certain construction 

projects, unless a separate independent cost estimate has been developed for that critical decision. 

Language has been included under Department of Energy, General Provisions, section 305, limiting the amount of funds that may 

be transferred to the working capital fund. 

Language has been included under Department of Energy, General Provisions, section 306, prohibiting nonproliferation activities 

in the Russian Federation until certain reporting requirements are 

met. 

Language has been included under Department of Energy, General Provisions, section 307, limiting the authority of the Secretary 

of Energy to establish regional petroleum product reserves. 

Language has been included under Department of Energy, General Provisions, section 308, prohibiting the use of funds for the 

Mixed Oxide Fuel Fabrication Facility project unless certain requirements in the National Defense Authorization Act of 2018 are 

met. 

Language has been included under Department of Energy, General Provisions, section 309, authorizing the Secretary of Energy to 

draw down and sell refined petroleum product from the Strategic 

Petroleum Reserve under certain circumstances. 

Language has been included under Department of Energy, General Provisions, section 310, requiring the Secretary of Energy to 

submit a report regarding spent nuclear fuel. 

TITLE IV—INDEPENDENT AGENCIES 

Language has been included under Appalachian Regional Commission providing for the hire of passenger vehicles and services 

authorized by 5 U.S.C. 3109. 

Language has been included under Delta Regional Authority allowing the expenditure of funds as authorized by the Delta Regional Authority Act without regard to section 382C(b)(2), 382F(d), 

382M and 382N of said Act. 

Language has been included under Denali Commission allowing 

the expenditure of funds notwithstanding section 306(g) of the 

Denali Commission Act of 1998, and providing for cost-share requirements for Commission-funded construction projects in distressed and non-distressed communities, as defined by section 307 

of the Denali Commission Act of 1998 (Division C, Title III, Public 

Law 105–277), and an amount not to exceed 50 percent for non-distressed communities. 

Language has been included under Denali Commission allowing 

funding to be available for payment of a non-federal share for certain programs. 

174 

Language has been included under Northern Border Regional 

Commission for expenditure as authorized by subtitle V of title 40, 

United States Code, without regard to section 15751(b). 

Language has been included under Nuclear Regulatory Commission, Salaries and Expenses that provides for salaries and other 

support costs for the Office of the Commission, to be controlled by 

majority vote of the Commission. 

Language has been included under Nuclear Regulatory Commission, Salaries and Expenses that provides for official representation 

expenses and permits the use of revenues from licensing fees, inspections services, and other services for salaries and expenses to 

reduce the appropriation as revenues are received. Funding is provided to support university research and development, and for a 

Nuclear Science and Engineering Grant Program. 

Language has been included under the Nuclear Regulatory Commission providing funds that are not derived from fee revenues. 

Language has been included under Office of Inspector General 

that provides for the use of revenues from licensing fees, inspections services, and other services for salaries and expenses, notwithstanding section 3302 of title 31, United States Code, to reduce 

the appropriation as revenues are received. 

Language has been included under Independent Agencies, General Provisions, section 401, requiring the NRC to comply with certain procedures when responding to Congressional requests for information. 

Language has been included under Independent Agencies, General Provision, section 402, providing that none of the funds may 

be available for obligation or expenditure through a reprogramming 

of funds except in certain circumstances. 

TITLE V—GENERAL PROVISIONS 

Language has been included under General Provisions, section 

501, prohibiting the use of funds in this Act to influence congressional action on any legislation or appropriation matters pending 

before the Congress. 

Language has been included under General Provisions, section 

502, prohibiting the transfer of funds except pursuant to a transfer 

made by, or transfer authority provided in this or any other appropriations Act, or certain other authorities, and requiring a report. 

Language has been included under General Provisions, section 

503, prohibiting funds in contravention of Executive Order No. 

12898 of February 11, 1994, regarding environmental justice. 

Language has been included under General Provisions, section 

504, prohibiting funds from being used to maintain or establish 

computer networks unless such networks block the viewing, 

downloading, or exchange of pornography. 

Language has been included under General Provisions, section 

505, prohibiting the use of funds to further implementation of components of the National Ocean Policy developed under Executive 

Order 13547. 

Language has been included under General Provisions, section 

506, prohibiting the use of funds to operate the Federal Columbia 

River Power System hydroelectric dams in a manner inconsistent 

with a 2017 operations plan. 

175 

Language has been included under General Provisions, section 

507, prohibiting the use of funds for the removal of any federallyowned or operated dam unless the removal has been previously authorized by Congress. 

Language has been included under General Provisions, section 

508, prohibiting funds in this Act from being used to close the 

Yucca Mountain license application process, or for actions that 

would remove the possibility that Yucca Mountain might be an option in the future. 

Language has been included under General Provisions, section 

509, setting at $0 the amount that the proposed new budget authority exceeds the allocation made by the Committee on Appropriations under section 302(b) of the Congressional Budget Act of 

1974. 

PROGRAM DUPLICATION

No provision of this bill establishes or reauthorizes a program of 

the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DIRECTED RULE MAKING

The bill does not direct any rule making. 

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009 

* * * * * * * 

TITLE IX—BUREAU OF RECLAMATION 

AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

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

(a) IN GENERAL.—The Secretary of the Interior, acting through 

the Bureau of Reclamation, may conduct feasibility studies on 

projects that address water shortages within the Snake, Boise, and 

Payette River systems in the State of Idaho, and are considered appropriate for further study by the Bureau of Reclamation Boise 

Payette water storage assessment report issued during 2006. 

(b) BUREAU OF RECLAMATION.—A study conducted under this section shall comply with Bureau of Reclamation policy standards and 

guidelines for studies. 

176 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary of the Interior to carry out this 

section $3,000,000. 

(d) TERMINATION OF EFFECTIVENESS.—The authority provided by 

this section terminates on the date that is ø10¿ 20 years after the 

date of enactment of this Act. 

* * * * * * * 

SECTION 9 OF THE RECLAMATION PROJECT ACT OF 

1939 

SEC. 9. (a) No expenditures for the construction of any new 

project, new division of a project, or new supplemental works on a 

project shall be made, nor shall estimates be submitted therefor, by 

the Secretary until after he has made an investigation thereof and 

has submitted to the President and to the Congress his report and 

findings on— 

(1) the engineering feasibility of the proposed construction; 

(2) the estimated cost of the proposed construction; 

(3) the part of the estimated cost which can properly be allocated 

to irrigation and probably be repaid by the water users; 

(4) the part of the estimated cost which can properly be allocated 

to power and probably be returned to the United States in net 

power revenues; 

(5) the part of the estimated cost which can properly be allocated 

to municipal water supply or other miscellaneous purposes and 

probably be returned to the United States. 

If the proposed construction is found by the Secretary to have engineering feasibility and if the repayable and returnable allocations 

to irrigation, power, and municipal water supply or other miscellaneous purposes found by the Secretary to be proper, together with 

any allocation to flood control or navigation made under subsection 

(b) of this section, equal the total estimated cost of construction as 

determined by the Secretary, then the new project, new division of 

a project, or supplemental works on a project, covered by his findings, shall be deemed authorized and may be undertaken by the 

Secretary. If all such allocations do not equal said total estimated 

cost, then said new project, new division, or new supplemental 

works may be undertaken by the Secretary only after provision 

therefor has been made by Act of Congress enacted after the Secretary has submitted to the President and the Congress the report 

and findings involved. 

(b) In connection with any new project, new division of a project, 

or supplemental works on a project there may be allocated to flood 

control or navigation the part of said total estimated cost which the 

Secretary may find to be proper. Items for any such allocations 

made in connection with projects which may be undertaken pursuant to subsection (a) of this section shall be included in the estimates of appropriations submitted by the Secretary for said 

projects, and funds for such portions of the projects shall not become available except as directly appropriated or allotted to the Department of the Interior. In connection with the making of such an 

allocation, the Secretary shall consult with the Chief of Engineers 

and the Secretary of the Army, and may perform any of the necVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00176 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
177 

essary investigations or studies under a cooperative agreement 

with the Secretary of the Army. In the event of such an allocation 

the Secretary of the Interior shall operate the project for purposes 

of flood control or navigation, to the extent justified by said allocation therefor. 

(c) 

(1) The Secretary is authorized to enter into contracts to furnish water for municipal water supply or miscellaneous purposes: Provided, That any such contract either (A) shall require 

repayment to the United States, over a period of not to exceed 

forty years from the year in which water is first delivered for 

the use of the contracting party, with interest not exceeding 

the rate of 31⁄2 per centum per annum if the Secretary determines an interest charge to be proper, of an appropriate share 

as determined by the Secretary of that part of the construction 

costs allocated by him to municipal water supply or other miscellaneous purposes; or (B) shall be for such periods, not to exceed forty years, and at such rates as in the Secretary’s judgment will produce revenues at least sufficient to cover an appropriate share of the annual operation and maintenance cost 

and an appropriate share of such fixed charges as the Secretary deems proper, and shall require the payment of said 

rates each year in advance of delivery of water for said year. 

Any sale of electric power or lease of power privileges, made 

by the Secretary in connection with the operation of any 

project or division of a project, shall be for such periods, not 

to exceed forty years, and at such rates as in his judgment will 

produce power revenues at least sufficient to cover an appropriate share of the annual operation and maintenance cost, interest on an appropriate share of the construction investment 

at not less than 3 per centum per annum, and such other fixed 

charges as the Secretary deems proper: Provided further, That 

in said sales or leases preference shall be given to municipalities and other public corporations or agencies; and also to cooperatives and other nonprofit organizations financed in whole 

or in part by loans made pursuant to the Rural Electrification 

Act of 1936 and any amendments thereof. Nothing in this subsection shall be applicable to provisions in existing contracts, 

made pursuant to law, for the use of power and miscellaneous 

revenues of a project for the benefit of users of water from such 

project. The provisions of this subsection respecting the sales 

of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in 

existing laws related to particular projects, including small 

conduit hydropower development and pumped storage hydropower development exclusively using Bureau of Reclamation 

reservoirs. No contract relating to municipal water supply or 

miscellaneous purposes or to electric power or power privileges 

shall be made unless, in the judgment of the Secretary, it will 

not impair the efficiency of the project for irrigation purposes. 

(2)(A) When carrying out this subsection, the Secretary 

shall first offer the lease of power privilege to an irrigation 

district or water users association operating the applicable 

transferred conduit, or to the irrigation district or water 

users association receiving water from the applicable reVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00177 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
178 

served conduit. The Secretary shall determine a reasonable time frame for the irrigation district or water users 

association to accept or reject a lease of power privilege 

offer for a small conduit hydropower project. 

(B) If the irrigation district or water users association elects not accept a lease of power privilege offer 

under subparagraph (A), the Secretary shall offer the 

lease of power privilege to other parties in accordance 

with this subsection. 

(3) The Bureau of Reclamation shall apply its categorical 

exclusion process under the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower development under this subsection, excluding siting 

of associated transmission facilities on Federal lands. 

(4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower policy and procedure-setting activities conducted 

under this subsection. 

(5) Nothing in this subsection shall obligate the Western 

Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to 

purchase or market any of the power produced by the facilities covered under this subsection and none of the costs 

associated with production or delivery of such power shall 

be assigned to project purposes for inclusion in project 

rates. 

(6) Nothing in this subsection shall alter or impede the 

delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the 

original project purposes. Lease of power privilege shall be 

made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create 

any unmitigated financial or physical impacts to the 

project or division involved. The Secretary shall notify and 

consult with the irrigation district or water users association operating the transferred conduit before offering the 

lease of power privilege and shall prescribe terms and conditions that will adequately protect the planning, design, 

construction, operation, maintenance, and other interests 

of the United States and the project or division involved. 

(7) Nothing in this subsection shall alter or affect any 

existing agreements for the development of conduit hydropower projects or disposition of revenues. 

(8) Nothing in this subsection shall alter or affect any 

existing preliminary permit, license, or exemption issued 

by the Federal Energy Regulatory Commission under Part 

I of the Federal Power Act (16 U.S.C. 792 et seq.) or any 

project for which an application has been filed with the 

Federal Energy Regulatory Commission as of the date of 

the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act. 

(9) In this subsection: 

179 

(A) CONDUIT.—The term ‘‘conduit’’ means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, 

flume, ditch, or similar manmade water conveyance 

that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not 

primarily for the generation of electricity. 

(B) IRRIGATION DISTRICT.—The term ‘‘irrigation district’’ means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed 

of two or more such districts and jointly exercising 

powers of its member districts. 

(C) RESERVED CONDUIT.—The term ‘‘reserved conduit’’ means any conduit that is included in project 

works the care, operation, and maintenance of which 

has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. 

(D) TRANSFERRED CONDUIT.—The term ‘‘transferred 

conduit’’ means any conduit that is included in project 

works the care, operation, and maintenance of which 

has been transferred to a legally organized water 

users association or irrigation district. 

(E) SMALL CONDUIT HYDROPOWER.—The term ‘‘small 

conduit hydropower’’ means a facility capable of producing 5 megawatts or less of electric capacity. 

(d) No water may be delivered for irrigation of lands in connection with any new project, new division of a project, or supplemental works on a project until an organization, satisfactory in 

form and powers to the Secretary, has entered into a repayment 

contract with the United States, in a form satisfactory to the Secretary, providing among other things— 

(1) That the Secretary may fix a development period for each 

irrigation block, if any, of not to exceed ten years from and including the first calendar year in which water is delivered for 

the lands in said block; and that during the development period water shall be delivered to the lands in the irrigation 

block involved at a charge per annum per acre-foot, or other 

charge, to be fixed by the Secretary each year and to be paid 

in advance of delivery of water: Provided, That where the lands 

included in an irrigation block are for the most part lands 

owned by the United States, the Secretary, prior to execution 

of a repayment contract, may fix a development period, but in 

such case execution of such a contract shall be a condition 

precedent to delivery of water after the close of the development period: Provided further, That when the Secretary, by 

contract or by notice given thereunder, shall have fixed a development period of less than ten years, and at any time thereafter but before commencement of the repayment period conditions arise which in the judgment of the Secretary would have 

justified the fixing of a longer period, he may amend such contract or notice to extend such development period to a date not 

to exceed ten years from its commencement, and in a case 

where no development period was provided, he may amend 

such contract within the same limits: Provided further, That 

when the Secretary shall have deferred the payment of all or 

180 

any part of any installments of construction charges under any 

repayment contract pursuant to the authority of the Act of 

September 21, 1959 (73 Stat. 584), he may, at any time prior 

to the due date prescribed for the first installment not reduced 

by such deferment, and by agreement with the contracting organization, terminate the supplemental contract by which such 

deferment was effected, credit the construction payments 

made, and exercise the authority granted in this section. After 

the close of the development period, any such charges collected 

and which the Secretary determines to be in excess of the cost 

of the operation and maintenance during the development period shall be credited to the construction cost of the project in 

the manner determined by the Secretary. 

(2) That the part of the construction costs allocated by the 

Secretary to irrigation shall be included in a general repayment obligation of the organization; and that the organization 

may vary its distribution of construction charges in a manner 

that takes into account the productivity of the various classes 

of lands and the benefits accruing to the lands by reason of the 

construction: Provided, That no distribution of construction 

charges over the lands included in the organization shall in 

any manner be deemed to relieve the organization or any party 

or any land therein of the organization’s general obligation to 

the United States. 

(3) That the general repayment obligation of the organization 

shall be spread in annual installments, of the number and 

amounts fixed by the Secretary, over a period of not more than 

40 years, exclusive of any development period fixed under 

paragraph (1) of this subsection, for any project contract unit 

or, if the project contract unit be divided into two or more irrigation blocks, for any such block, or as near to said period of 

not more than forty years as is consistent with the adoption 

and operation of a variable payment formula which, being 

based on full repayment within such period under average conditions, permits variance in the required annual payments in 

the light of economic factors pertinent to the ability of the organization to pay. 

(4) That the first annual installment for any project contract 

unit, or for any irrigation block, as the case may be, shall accrue, on the date fixed by the Secretary, in the year after the 

last year of the development period or, if there be not development period, in the calendar year after the Secretary announces that the construction contemplated in the repayment 

contract is substantially completed or is advanced to a point 

where delivery of water can be made to substantially all of the 

lands in said unit or block to be irrigated; and if there be no 

development period fixed, that prior to and including the year 

in which the Secretary makes said announcement water shall 

be delivered only on the toll charge basis hereinbefore provided 

for development periods. 

(e) In lieu of entering into a repayment contract pursuant to the 

provisions of subsection (d) of this section to cover that part of the 

cost of the construction of works connected with water supply and 

allocated to irrigation, the Secretary, in his discretion, may enter 

into either short- or long-term contracts to furnish water for irrigaVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00180 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
181 

tion purposes. Each such contract shall be for such period, not to 

exceed forty years, and at such rates as in the Secretary’s judgment 

will produce revenues at least sufficient to cover an appropriate 

share of the annual operation and maintenance cost and an appropriate share of such fixed charges as the Secretary deems proper, 

due consideration being given to that part of the cost of construction of works connected with water supply and allocated to irrigation; and shall require payment of said rates each year in advance 

of delivery of water for said year. In the event such contracts are 

made for furnishing water for irrigation purposes, the costs of any 

irrigation water distribution works constructed by the United 

States in connection with the new project, new division of a project, 

or supplemental works on a project, shall be covered by a repayment contract entered into pursuant to said subsection (d). 

(f) No less than sixty days before entering into or amending any 

repayment contract or any contract for the delivery of irrigation 

water (except any contract for the delivery of surplus or interim irrigation water whose duration is for one year or less) the Secretary 

shall— 

(1) publish notice of the proposed contract or amendment in 

newspapers of general circulation in the affected area and shall 

make reasonable efforts to otherwise notify interested parties 

which may be affected by such contract or amendment, together with information indicating to whom comments or inquiries concerning the proposed actions can be addressed; and 

(2) provide an opportunity for submission of written data, 

views and arguments, and shall consider all substantive comments so received. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f) of rule XIII of the Rules of the House of 

Representatives, the following table lists the appropriations in the 

accompanying bill which are not authorized: 

[thousand dollars] 

Agency/Program Last Year of Authorization Authorization Level Appropriation in Last 

Year of Authorization 

Net Appropriation in 

this Bill 

Corps FUSRAP ........................................ .............................. 1 .............................. 150,000 

EERE Program Direction ........................ 2006 110,500 164,198 153,700 

EERE Weatherization Activities .............. 2012 1,400,000 68,000 251,000 

EERE State Energy Programs ................ 2012 125,000 50,000 55,000 

Nuclear Energy ....................................... 2009 495,000 792,000 1,346,090 

Nuclear Energy Infrastructure and Facilities ................................................ 2009 145,000 245,000 331,000 

Fossil Energy .......................................... 2009 641,000 727,320 785,000 

Naval Petroleum and Oil Shale Reserves ................................................ 2014 20,000 20,000 10,000 

Strategic Petroleum Reserve .................. 2003 not specified 172,856 252,000 

Northeast Home Heating Oil Reserve .... 2003 not specified 6,000 10,000 

Energy Information Administration ........ 1984 not specified 55,870 125,000 

Office of Science .................................... 2013 6,007,000 4,876,000 6,600,000 

Advanced Technology Vehicle Manufacturing Program .................................. 2012 not specified 6,000 5,000 

Non-Defense Environmental Cleanup: 

West Valley Demonstration ........... 1981 5,000 5,000 75,000 

Departmental Administration ................. 1984 246,963 185,682 184,524 

Atomic Energy Defense Activities: 

National Nuclear Security Administration: 

Weapons Activities ............... 2018 10,377,475 10,642,138 11,200,000 

182 

[thousand dollars] 

Agency/Program Last Year of Authorization Authorization Level Appropriation in Last 

Year of Authorization 

Net Appropriation in 

this Bill 

Defense Nuclear Nonproliferation ..................... 2018 1,883,310 1,999,219 1,902,000 

Naval Reactors ..................... 2018 1,431,551 1,620,000 1,788,618 

Federal Salaries and Expenses ............................. 2018 407,551 407,595 422,529 

Defense Environmental Cleanup ............ 2018 5,440,106 5,988,048 5,759,220 

Other Defense Activities ........................ 2018 816,000 840,000 870,300 

Defense Nuclear Waste Disposal .. 2018 30,000 0 30,000 

Power Marketing Administrations: 

Southwestern ................................. 1984 40,254 36,229 10,400 

Western Area ................................. 1984 259,700 194,630 89,372 

Federal Energy Regulatory Commission 1984 not specified 29,582 0 

Defense Nuclear Facilities Safety Board 2018 30,600 31,000 31,243 

Delta Regional Authority ........................ 2018 30,000 25,000 15,000 

Northern Border Regional Commission .. 2018 30,000 15,000 12,000 

Southeast Crescent Regional Commission .................................................... 2018 30,000 250 250 

Nuclear Regulatory Commission ............ 1985 460,000 448,200 191,664 

1 Program was initiated in 1972 and has never received a separate authorization. 

RESCISSIONS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, there are no rescissions recommended in the accompanying bill. 

COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974, the following table compares the levels of new 

budget authority provided in the bill with the appropriate allocation under section 302(b) of the Budget Act. 

[In millions of dollars] 

302(b) Allocation This Bill 

Budget 

Authority Outlays Budget Authority Outlays 

Mandatory .............................................. – – – – – – 0 1 0 

Discretionary .......................................... 44,700 44,485 44,700 44,485 

1 Includes outlays from prior-year budget authority. 

FIVE-YEAR OUTLAY PROJECTIONS

Pursuant to section 308(a)(1)(B) of the Congressional Budget Act 

of 1974, the following table contains five-year projections prepared 

by the Congressional Budget Office of outlays associated with the 

budget authority provided in the accompanying bill: 

[In millions of dollars] 

Projection of outlays associated with the recommendation: 

2019 .............................................................................................. 2 26,161 

2020 .............................................................................................. 12,600 

2021 .............................................................................................. 4,279 

2022 .............................................................................................. 945 

2023 and future years ................................................................. 554 2 Excludes outlays from prior-year budget authority. 

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ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to section 308(a)(1)(C) of the Congressional Budget Act 

of 1974, the amount of financial assistance to State and local governments is as follows: 

[In millions of dollars] 

Budget 

Authority Outlays 

Financial assistance to State and local government for 2019 .................................. 170 2 0 

2 Excludes outlays from prior-year budget authority. 

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

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Insert offset folio 006 here 28042A.078
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Insert offset folio 006 here 28042A.076
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Insert offset folio 86 here 28042A.077
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Insert offset folio 199 here 28042A.075
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Insert offset folio 88 here 28042A.079
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Insert offset folio 89 here 28042A.080
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Insert offset folio 90 here 28042A.081
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MINORITY VIEWS 

We commend Chairman Frelinghuysen and Chairman Simpson 

for their efforts to assemble portions of this bill in an inclusive 

manner. The bill funds critical water resource projects, supports 

science activities necessary for American competitiveness and contributes to our national defense through vital weapons, naval reactor research, and nonproliferation funding, all priorities that unite 

rather than divide us. Chairman Simpson has worked hard to incorporate the interests of Members from both parties. As a result, 

much of the funding reflects some priorities from both sides of the 

aisle. However, the Majority has made clear that this bill reflects 

their priorities—and the funding levels for programs of great importance to the nation, including Energy Efficiency and Renewable 

Energy, Advanced Research Projects Agency-Energy and Defense 

Nuclear Nonproliferation, show that these are not the priorities of 

the Majority. 

Further, it is disappointing that the Majority has jeopardized the 

possibility of a bipartisan bill by adding ideological riders that are 

anti-environment, including gutting the Clean Water Act and overturning a court decision meant to protect endangered fish species, 

in addition to allowing guns on public lands. We should not have 

to remind our Majority colleagues that similar provisions have imperiled passage of this bill in the past, and that these riders cannot 

be included in any legislation that requires bipartisan support to 

pass. Yet they continue not only to include the same riders year 

after year, but this year brings a new, unnecessary version of a 

Waters of the United States (WOTUS) rider while introducing a 

new provision legislating an ongoing court case, both poison pills. 

These issues inject divisive partisan issues into must-pass spending 

bills, a recipe for chaos when Congress attempts to keep the government open for business. 

The subcommittee’s allocation is $44,700,000,000, $8,173,568,000 

above the Administration’s budget request and $1,500,000,000 

above the Fiscal Year (FY) 2018 level. The defense allocation is 

$500,000,000 above FY 2018, while the non-defense allocation is 

$1,000,000,000 above FY 2018. 

We commend the Chairman for increasing Corps of Engineers’ 

funding by $2,493,417,000 above the President’s completely inadequate request, ensuring that many ongoing projects will continue. 

The bill provides $7,278,000,000 for the Army Corps of Engineers, 

representing the highest funding level the agency has received in 

recent years. The bill provides $1,600,000,000 for projects funded 

from the Harbor Maintenance Trust Fund, $200,000,000 above FY 

2018 and $160,000,000 above the FY 2019 target set by the Water 

Resources Reform and Development Act of 2014. This funding 

would allow preventive and proactive investments necessary for the 

economy and the safety of American citizens. The funding above 

the request would also allow investments in the nation’s ports and 

waterways, which are critical to ensuring that American made 

goods can move to market, both domestically and abroad. We firmly believe that our underinvestment in infrastructure continues to 

hamper economic gains and prolongs the underemployment plaguing our middle class. 

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While this bill ensures increased investment beyond that included in the budget request, we should be doing even more to 

build infrastructure and create jobs. Federal support of water resource projects creates construction jobs and indirect economic benefits that encourage local businesses and individuals to embrace 

risk and make critical investments in their communities. 

Every year, this important bill sets the path for America’s energy 

future, and we have made enormous strides in increasing our energy independence. We now meet more than 90 percent of our energy needs with domestic sources, a great accomplishment. Renewable energy now accounts for 18 percent of U.S. electricity generation, nearly on par with the nation’s nuclear fleet. Electricity made 

up a smaller share of consumer spending in 2017 than it ever has 

in recorded history. 

These successes are due in no small part to federal investment 

in DOE’s world-class research—both basic and applied. Research at 

the Department of Energy has led to the technological advances 

that have drastically altered global energy markets. These significant strides towards America’s energy security are to be lauded, 

but now is not the time to rest on our laurels. Today, the price of 

oil is on the rise again, currently 50 percent higher than it was one 

year ago. Fuel prices are also rising, and when fuel prices rise consumer spending constricts, impacting the economy. Given these factors, we must not lose sight of the ultimate goal of energy independence. 

Unfortunately, even with a generous allocation, the Majority chose to cut $243,138,000 from energy efficiency and renewable energy programs, which threatens to delay progress on breakthroughs 

in energy efficiency and clean energy and to hinder innovation to 

drive sustained economic growth in the clean energy economy of 

the future. It also leaves us perilously open to being overtaken by 

our competitors who are aggressively investing with the goal of 

overtaking us, at times using our own technologies. Renewable energy has achieved cost competitiveness in some areas, yet despite 

what we hear from this administration, further investment can 

drive down the costs of existing technology and provide breakthroughs in others. Investment in portfolio diversity remains necessary for the long term. The advances in renewable energy are not 

the drumbeats of some distant clean energy future. That future is 

now, and the rest of the world is ready to lay siege to our technologies if we do not continue to innovate. An investment in clean 

energy is an investment in American jobs: nearly 3.2 million Americans work in clean energy, including 2.5 million energy efficiency 

jobs, 457,000 solar and wind jobs, and 220,000 jobs making clean 

vehicles. 

With regard to the applied energy programs at the Department 

of Energy, investments in energy technology programs are once 

again skewed too heavily toward nuclear and fossil fuels, though 

we recognize that the level of renewable energy funding is higher 

than recent years in a House bill. We must provide for critical research and development for the nuclear and fossil energy sectors 

to increase efficiency and reduce emissions of these sources, but 

continued and sustained research and development programs in renewable energy and energy efficiency are necessary and appropriate, and cannot be the price of increased support for other techVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00196 Fmt 6659 Sfmt 6604 E:\HR\OC\HR697S1.XXX HR697S1
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nologies. To finally free ourselves from our dependence on foreign 

energy sources, as well as to drastically cut our dangerous carbon 

emissions, we must continue to strongly fund DOE’s research and 

development efforts. 

The bill also cuts the Advanced Research Projects Agency-Energy 

(ARPA–E), which focuses on energy technologies that have the potential to be transformational and are too early for private sector 

investment. ARPA–E’s approach is working-136 ARPA–E projects 

have attracted over $2,600,000,000 in private follow-on funding. 

Yet we have come to expect that the administration will propose 

to eliminate this important program each year. And again, despite 

the generous allocation we received, the Majority has opted to reduce funding by $28,314,000 from FY 2018. 

One positive is the five percent increase over FY 2018 for the Office of Science. This is critical to the competitiveness of our nation 

and ensuring that the United States maintains its position as the 

global leader in innovation. The bill provides $15,091,050,000 for the National Nuclear Security Administration (NNSA); these increases are seen in Weapons 

Activities, $557,862,000 above FY 2018, and Naval Reactors, 

$168,618,000 above FY 2018. We continue to be troubled by the 

continued unsustainable spending in the weapons program. 

We are concerned by the inclusion of funding to build a new, lowyield ballistic missile as called for in the 2018 Nuclear Posture Review. The President’s budget request did not include this warhead 

until mid-April, leaving our Committee without any time to appropriately consider this significant new request. We did not have this 

information during our Subcommittee budget hearings with the 

Secretary of Energy or with the NNSA Administrator. 

We owe it to the American people to have a full discussion and 

debate about this new nuclear capability, including security, cost, 

schedule, and impact to the ongoing efforts to modernize our existing nuclear arsenal. We must have appropriate consideration before wandering down a pathway to new nuclear weapons varieties. 

Further, the NNSA is being asked to take on this additional weapons capability while it is in the midst of simultaneously executing 

four active warhead life extension programs and several major construction projects. The former NNSA Administrator has said that 

the NNSA is essentially working at capacity now, before taking on 

this new low-yield ballistic missile. 

This is on top of the challenges brought on by the need to modernize a complex built substantially in the 1950s. While NNSA has 

made progress in mapping out the most urgent needs in this area, 

we remain concerned about the agency’s ability to carry out the 

major construction projects necessary to modernize the complex. 

With NNSA’s history of staggering cost overruns and schedule 

delays, we continue to question whether the organization has the 

necessary tools, processes and workforce to manage large increases 

in weapons activities and infrastructure needs year after year. We 

appreciate and support the Chairman’s continued strong oversight 

of the NNSA in these areas. 

The majority has invested in a costly, unjustified new nuclear 

weapon while underfunding efforts to denuclearize the world. The 

bill includes $1,902,000,000 for these critical programs, 

$146,219,000 below the FY 2018 appropriation. The Nuclear NonVerDate Sep 11 2014 03:50 May 31, 2018 Jkt 030220 PO 00000 Frm 00197 Fmt 6659 Sfmt 6602 E:\HR\OC\HR697S1.XXX HR697S1
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proliferation program plays an important role in verification of 

treaties and agreements to curb nuclear weapons and weapons usable materials. The program develops technologies that help 

strengthen the safeguards mission of the International Atomic Energy Agency (IAEA)—for example, DOE’s national laboratories created the Online Enrichment Monitor, which allows IAEA inspectors 

to measure in real time the enrichment level of uranium, an enormous step forward for verifying compliance with safeguards agreements and for keeping us safe. Yet the bill continues a downward 

trajectory of funding for this critical program, cut at the expense 

of providing continued increases to the weapons program. This is 

something we hope we can again reverse in conference. 

Two of the partisan riders in this bill risk protection of the 

world’s most precious resource: water. The first provides agricultural exemptions from the Clean Water Act. The second is a new 

version related to the WOTUS rule, which legislatively repeals the 

rule and directs agencies to act as if the rule had never been in 

place. This is a disturbing effort to sidestep law that establishes requirements for withdrawal of a regulation such as this. This effort 

would also effectively avoid the administration being required to 

provide a substantive rationale’as it considers changing regulations 

and taking into consideration public input. 

The bill contains numerous other riders, including three related 

to Endangered Species Act issues, one of which would legislate an 

ongoing court case, and one that would prohibit activities related 

to the National Ocean Policy. 

The inclusion of the rider allowing guns to be carried on all 

Corps of Engineers lands injects into the bill an unnecessarily partisan topic that is unwarranted. We disagree with the notion that 

reasonable limits on where guns can be carried are an infringement upon the Second Amendment. We see no need to contribute 

to an environment where guns are commonplace in recreational 

areas where families are trying to escape the pressures of everyday 

life. 

In spite of these concerns, we would like to reiterate our appreciation for the Chairman’s work with us on many issues, continuing 

the Energy and Water Development Subcommittee’s tradition of a 

collegial and bipartisanship process. The Subcommittee has operated collaboratively and effectively for many years, and the bill addresses many of the interests we have expressed. 

More broadly, the Bipartisan Budget Act enacted earlier this 

year provided relief from unworkable discretionary spending caps. 

The agreement was supposed to provide the country with stability 

following a year of shutdowns, last-minute veto threats, and general uncertainty in government. That stability lasted long enough 

for Congress to pass a bipartisan Omnibus appropriations bill for 

FY 2018, and then Republican chaos reigned again. The President 

threatened to veto the bill, unhappy with Congress’ large investments in programs to help low-and middle-income Americans and 

rejection of his campaign-promised border wall. 

Even after the President backed off his threat and signed the 

bill, the Administration and Republican leadership in Congress 

who voted for the Bipartisan Budget Act and the Omnibus bill have 

continued to attempt to undo those bipartisan agreements. Now, 

the majority s seeking to pass a rescissions bill to undo funding 

199 

and mollify an angry President. We have beep told by Office of 

Management and Budget Director Mick Mulvaney that this is the 

first of many rescission packages meant to bring spending in line 

with the President’s priorities, ignoring Congressional action that 

dismissed the President’s FY 2017 and FY 2018 draconian budget 

requests. 

In addition to the unacceptable rescissions proposals, the majority’s lack of transparency with regards to how it will allocate the 

FY 2019 discretionary budget also endangers future bipartisan 

compromise. The majority has abandoned longstanding committee 

practice to provide the Members and the public with a budget blueprint for domestic spending, known as 302(b) allocations. Members 

are being asked to vote on bills without having the full picture on 

what impact each bill will have on other bills. We are very concerned about what that means for programs in other bills that have 

yet to be considered. Democrats can only be left to assume that the 

majority is siphoning money from bills at the end of the process 

like the State and Foreign Operations bill and the Labor, Health 

and Human Services, and Education appropriations bill, which invests in priorities like education, job training, health, and workplace safety and rights. 

In conclusion, the majority of Democrats on the committee voted 

no on the motion to advance the bill to the full House because this 

bill’s funding level will ensure critical investments in other bills 

cannot be made, priorities related to achieving energy independence and a green future are underfunded, and extraneous, controversial policy riders are included. Without a full budget we are 

left to assume that the programs for the most vulnerable and 

American families who simply need a level playing field will be left 

on the chopping block. If that were not enough reason, the majority 

included controversial policy matters on the environment and guns. 

We look forward to the day when transparency returns to the Committee and all of the bills are adequately funded at the outset. 

Until then, Democrats stand ready to work in a bipartisan manner 

when our Republican colleagues eschew the fringe and want to 

pass bills into law. 

NITA M. LOWEY. MARCY KAPTUR. 

Æ