H. R. 133—1422 
SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND DEVELOP-
MENT. 
There are authorized to be appropriated to carry out research, 
development, demonstration, and commercial application activities 
within the Department of Energy’s Offices of Hydrogen and Fuel 
Cell Technologies, Vehicle Technologies, and Bioenergy Tech-
nologies— 
(1) $830,000,000 for fiscal year 2021; 
(2) $855,000,000 for fiscal year 2022; and 
(3) $880,000,000 for fiscal year 2023. 
SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM. 
(a) TERMS AND CONDITIONS.—Section 1702 of the Energy Policy 
Act of 2005 (42 U.S.C. 16512) is amended— 
(1) by amending subsection (b) to read as follows: 
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the cost of a guarantee shall be paid by the Secretary using 
an appropriation made for the cost of the guarantee, subject 
to the availability of such an appropriation. 
‘‘(2) INSUFFICIENT
APPROPRIATIONS.—If sufficient appro-
priated funds to pay the cost of a guarantee are not available, 
then the guarantee shall not be made unless— 
‘‘(A) the Secretary has received from the borrower a 
payment in full for the cost of the guarantee and deposited 
the payment into the Treasury; or 
‘‘(B) a combination of one or more appropriations and 
one or more payments from the borrower under this sub-
section has been made that is sufficient to cover the cost 
of the guarantee.’’; 
(2) in subsection (d)(3), by striking ‘‘is not subordinate’’ 
and inserting ‘‘, including any reorganization, restructuring, 
or termination thereof, shall not at any time be subordinate’’; 
(3) in subsection (h)— 
(A) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—The Secretary shall charge, and collect 
on or after the date of the financial close of an obligation, 
a fee for a guarantee in an amount that the Secretary deter-
mines is sufficient to cover applicable administrative expenses 
(including any costs associated with third-party consultants 
engaged by the Secretary).’’; and 
(B) by adding at the following: 
‘‘(3) REDUCTION IN FEE AMOUNT.—Notwithstanding para-
graph (1) and subject to the availability of appropriations, the 
Secretary may reduce the amount of a fee for a guarantee 
under this subsection.’’; and 
(4) by adding at the end the following: 
‘‘(l) RESTRUCTURING
OF LOAN GUARANTEES.—The Secretary 
shall consult with the Secretary of the Treasury regarding any 
restructuring of the terms or conditions of a guarantee issued 
pursuant to this title, including with respect to any deviations 
from the financial terms of the guarantee. 
‘‘(m) WRITTEN ANALYSIS.— 
‘‘(1) REQUIREMENT.—The Secretary may not make a guar-
antee under this title until the Secretary of the Treasury has 
transmitted to the Secretary, and the Secretary has taken
H. R. 133—1423 
into consideration, a written analysis of the financial terms 
and conditions of the proposed guarantee. 
‘‘(2) TRANSMISSION.—Not later than 30 days after receiving 
information on a proposed guarantee from the Secretary, the 
Secretary of the Treasury shall transmit the written analysis 
of the financial terms and conditions of the proposed guarantee 
required under paragraph (1) to the Secretary. 
‘‘(3) EXPLANATION.—If the Secretary makes a guarantee 
the financial terms and conditions of which are not consistent 
with the written analysis required under this subsection, not 
later than 30 days after making such guarantee, the Secretary 
shall submit to the Committee on Energy and Commerce and 
the Committee on Science, Space, and Technology of the House 
of Representatives, and the Committee on Energy and Natural 
Resources of the Senate, a written explanation of any material 
inconsistencies. 
‘‘(n) APPLICATION STATUS.— 
‘‘(1) REQUEST.—If the Secretary does not make a final 
decision on an application for a guarantee under this title 
by the date that is 180 days after receipt of the application 
by the Secretary, the applicant may request, on or after that 
date and not more than once every 60 days thereafter until 
a final decision is made, that the Secretary provide to the 
applicant a response described in paragraph (2). 
‘‘(2) RESPONSE.—Not later than 10 days after receiving 
a request from an applicant under paragraph (1), the Secretary 
shall provide to the applicant a response that includes— 
‘‘(A) a description of the current status of review of 
the application; 
‘‘(B) a summary of any factors that are delaying a 
final decision on the application, a list of what items are 
required in order to reach a final decision, citations to 
authorities stating the reasons why such items are 
required, and a list of actions the applicant can take to 
expedite the process; and 
‘‘(C) an estimate of when a final decision on the applica-
tion will be made. 
‘‘(o) OUTREACH.—In carrying out this title, the Secretary shall— 
‘‘(1) provide assistance with the completion of applications 
for a guarantee under this title; 
‘‘(2) conduct outreach, including through conferences and 
online programs, to disseminate information to potential 
applicants; 
‘‘(3) conduct outreach to encourage participation of sup-
porting finance institutions and private lenders in eligible 
projects. 
‘‘(p) COORDINATION.—In carrying out this title, the Secretary 
shall coordinate activities under this title with activities of other 
relevant offices with the Department. 
‘‘(q) REPORT.—Not later than 2 years after the date of the 
enactment of this subsection and every 3 years thereafter, the 
Secretary shall submit to Congress a report on the status of applica-
tions for, and projects receiving, guarantees under this title, 
including— 
‘‘(1) a list of such projects, including the guarantee amount, 
construction status, and financing partners of each such project;
H. R. 133—1424 
‘‘(2) the status of each such project’s loan repayment, 
including interest paid and future repayment projections; 
‘‘(3) an estimate of the air pollutant or greenhouse gas 
emissions avoided or reduced from each such project; 
‘‘(4) data regarding the number of direct and indirect jobs 
retained, restored, or created by such projects; 
‘‘(5) identification of— 
‘‘(A) technologies deployed by projects that have 
received guarantees that have subsequently been deployed 
commercially without guarantees; and 
‘‘(B) novel technologies that have been deployed by 
such projects and deployed in the commercial energy 
market; 
‘‘(6) the number of new projects projected to receive a 
guarantee under this title during the next 2 years and the 
aggregate guarantee amount; 
‘‘(7) the number of outreach engagements conducted with 
potential applicants; 
‘‘(8) the number of applications received and currently 
pending for each open solicitation; and 
‘‘(9) any other metrics the Secretary finds appropriate.’’. 
(b) PROJECT
ELIGIBILITY
EXPANSION.—Section 1703 of the 
Energy Policy Act of 2005 (42 U.S.C. 16513) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, utilize’’ after 
‘‘reduce’’; and 
(B) in paragraph (2), by striking ‘‘.’’ and inserting ‘‘, 
including projects that employ elements of commercial tech-
nologies in combination with new or significantly improved 
technologies.’’; 
(2) in subsection (b)— 
(A) in paragraph (4), by inserting ‘‘, including manufac-
turing of nuclear supply components for advanced nuclear 
reactors’’ after ‘‘facilities’’; 
(B) by amending paragraph (5) to read as follows: 
‘‘(5) Carbon capture, utilization, and sequestration practices 
and technologies, including— 
‘‘(A) agricultural and forestry practices that store and 
sequester carbon; and 
‘‘(B) synthetic technologies to remove carbon from the 
air and oceans.’’; and 
(C) by adding at the end the following: 
‘‘(11) Energy storage technologies for residential, industrial, 
transportation, and power generation applications. 
‘‘(12) Technologies or processes for reducing greenhouse 
gas emissions from industrial applications, including iron, steel, 
cement, and ammonia production, hydrogen production, and 
the generation of high-temperature heat.’’; and 
(3) by adding at the end the following new subsection: 
‘‘(f) REGIONAL VARIATION.—Notwithstanding subsection (a)(2), 
the Secretary may, if regional variation significantly affects the 
deployment of a technology, make guarantees under this title for 
up to 6 projects that employ the same or similar technology as 
another project, provided no more than 2 projects that use the 
same or a similar technology are located in the same region of 
the United States.’’.
H. R. 133—1425 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1704 of the 
Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding 
at the end the following: 
‘‘(c) ADMINISTRATIVE AND OTHER EXPENSES.—There are author-
ized to be appropriated— 
‘‘(1) $32,000,000 for each of fiscal years 2021 through 2025 
to carry out this title; and 
‘‘(2) for fiscal year 2021, in addition to amounts authorized 
under paragraph (1), $25,000,000, to remain available until 
expended, for administrative expenses described in section 
1702(h)(1) that are not covered by fees collected pursuant to 
section 1702(h).’’. 
SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE 
RESEARCH. 
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(b)) is amended by striking paragraph (3) and inserting the 
following: 
‘‘(3) ESTABLISHED
PROGRAM
TO
STIMULATE
COMPETITIVE 
RESEARCH.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE
ENTITY.—The term ‘eligible entity’ 
means an institution of higher education located in 
an eligible jurisdiction. 
‘‘(ii) ELIGIBLE
JURISDICTION.—The term ‘eligible 
jurisdiction’ means a State that, as determined by the 
Secretary— 
‘‘(I)(aa) historically has received relatively 
little Federal research and development funding; 
and 
‘‘(bb) has demonstrated a commitment— 
‘‘(AA) to develop the research bases in the 
State; and 
‘‘(BB) to improve science and engineering 
research and education programs at institu-
tions of higher education in the State; and 
‘‘(II) is an eligible jurisdiction under the cri-
teria used by the Secretary to make awards under 
this paragraph on the day before the date of enact-
ment of the Energy Act of 2020. 
‘‘(iii) EPSCOR.—The term ‘EPSCoR’ means the 
Established 
Program 
to 
Stimulate 
Competitive 
Research operated under subparagraph (B). 
‘‘(iv) NATIONAL LABORATORY.—The term ‘National 
Laboratory’ has the meaning given the term in section 
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). 
‘‘(v) STATE.—The term ‘State’ means— 
‘‘(I) a State; 
‘‘(II) the District of Columbia; 
‘‘(III) the Commonwealth of Puerto Rico; 
‘‘(IV) Guam; 
‘‘(V) the United States Virgin Islands; 
‘‘(VI) American Samoa; and 
‘‘(VII) the Commonwealth of the Northern 
Mariana Islands.
H. R. 133—1426 
‘‘(B) 
PROGRAM
OPERATION.—The 
Secretary 
shall 
operate an Established Program to Stimulate Competitive 
Research. 
‘‘(C) OBJECTIVES.—The objectives of EPSCoR shall be— 
‘‘(i) to increase the number of researchers at 
institutions of higher education in eligible jurisdictions 
capable of performing nationally competitive science 
and engineering research in support of the mission 
of the Department of Energy in the areas of applied 
energy research, environmental management, and 
basic science; 
‘‘(ii) to enhance the capabilities of institutions of 
higher education in eligible jurisdictions to develop, 
plan, and execute research that is competitive in the 
peer-review process; and 
‘‘(iii) to increase the probability of long-term 
growth of competitive funding to institutions of higher 
education in eligible jurisdictions. 
‘‘(D) GRANTS IN AREAS OF APPLIED ENERGY RESEARCH, 
ENVIRONMENTAL MANAGEMENT, AND BASIC SCIENCE.— 
‘‘(i) IN GENERAL.—EPSCoR shall make grants to 
eligible entities to carry out and support applied energy 
research and research in all areas of environmental 
management and basic science sponsored by the 
Department of Energy, including— 
‘‘(I) energy efficiency, fossil energy, renewable 
energy, and other applied energy research; 
‘‘(II) electricity delivery research; 
‘‘(III) cybersecurity, energy security, and emer-
gency response; 
‘‘(IV) environmental management; and 
‘‘(V) basic science research. 
‘‘(ii) ACTIVITIES.—EPSCOR may make grants 
under this subparagraph for any activities consistent 
with the objectives described in subparagraph (C) in 
the areas of applied energy research, environmental 
management, and basic science described in clause 
(i), including— 
‘‘(I) to support research at eligible entities that 
is carried out in partnership with the National 
Laboratories; 
‘‘(II) to provide for graduate traineeships; 
‘‘(III) to support research by early career fac-
ulty; and 
‘‘(IV) to improve research capabilities at 
eligible entities through biennial implementation 
grants. 
‘‘(iii) NO COST SHARING.—EPSCoR shall not impose 
any cost-sharing requirement with respect to a grant 
made under this subparagraph. 
‘‘(E) OTHER ACTIVITIES.—EPSCoR may carry out such 
activities as may be necessary to meet the objectives 
described in subparagraph (C) in the areas of applied 
energy research, environmental management, and basic 
science described in subparagraph (D)(i). 
‘‘(F) PROGRAM IMPLEMENTATION.—
H. R. 133—1428 
TITLE X—ARPA–E AMENDMENTS 
SEC. 10001. ARPA–E AMENDMENTS. 
(a) ESTABLISHMENT.—Section 5012(b) of the America COM-
PETES Act (42 U.S.C. 16538(b)) is amended by striking ‘‘develop-
ment of energy technologies’’ and inserting ‘‘development of trans-
formative science and technology solutions to address the energy 
and environmental missions of the Department’’. 
(b) GOALS.—Section 5012(c) of the America COMPETES Act 
(42 U.S.C. 16538(c)) is amended— 
(1) by striking paragraph (1)(A) and inserting the following: 
‘‘(A) to enhance the economic and energy security of 
the United States through the development of energy tech-
nologies that— 
‘‘(i) reduce imports of energy from foreign sources; 
‘‘(ii) reduce energy-related emissions, including 
greenhouse gases; 
‘‘(iii) improve the energy efficiency of all economic 
sectors; 
‘‘(iv) provide transformative solutions to improve 
the management, clean-up, and disposal of radioactive 
waste and spent nuclear fuel; and 
‘‘(v) improve the resilience, reliability, and security 
of infrastructure to produce, deliver, and store energy; 
and’’; and 
(2) in paragraph (2), in the matter preceding subparagraph 
(A), by striking ‘‘energy technology projects’’ and inserting 
‘‘advanced technology projects’’. 
(c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of the America 
COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking 
‘‘energy’’. 
(d) REPORTS AND ROADMAPS.—Section 5012(h) of the America 
COMPETES Act (42 U.S.C. 16538(h)) is amended to read as follows: 
‘‘(h) REPORTS AND ROADMAPS.— 
‘‘(1) ANNUAL REPORT.—As part of the annual budget request 
submitted for each fiscal year, the Director shall provide to 
the relevant authorizing and appropriations committees of Con-
gress a report that— 
‘‘(A) describes projects supported by ARPA–E during 
the previous fiscal year; 
‘‘(B) describes projects supported by ARPA–E during 
the previous fiscal year that examine topics and tech-
nologies closely related to other activities funded by the 
Department, and includes an analysis of whether in sup-
porting such projects, the Director is in compliance with 
subsection (i)(1); and 
‘‘(C) describes current, proposed, and planned projects 
to be carried out pursuant to subsection (e)(3)(D). 
‘‘(2) STRATEGIC VISION ROADMAP.—Not later than October 
1, 2021, and every four years thereafter, the Director shall 
provide to the relevant authorizing and appropriations commit-
tees of Congress a roadmap describing the strategic vision 
that ARPA–E will use to guide the choices of ARPA–E for 
future technology investments over the following 4 fiscal 
years.’’.
H. R. 133—1429 
(e) COORDINATION AND NONDUPLICATION.—Section 5012(i)(1) of 
the America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended 
to read as follows: 
‘‘(1) IN GENERAL.—To the maximum extent practicable, the 
Director shall ensure that— 
‘‘(A) the activities of ARPA–E are coordinated with, 
and do not duplicate the efforts of, programs and labora-
tories within the Department and other relevant research 
agencies; and 
‘‘(B) ARPA–E does not provide funding for a project 
unless the prospective grantee demonstrates sufficient 
attempts to secure private financing or indicates that the 
project is not independently commercially viable.’’. 
(f) EVALUATION.—Section 5012(l) of the America COMPETES 
Act (42 U.S.C. 16538(l)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this paragraph, the Secretary is authorized 
to enter into a contract with the National Academy of Sciences 
under which the National Academy shall conduct an evaluation 
of how well ARPA–E is achieving the goals and mission of 
ARPA–E.’’; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘shall’’ and inserting ‘‘may’’; and 
(B) in subparagraph (A), by striking ‘‘the recommenda-
tion of the National Academy of Sciences’’ and inserting 
‘‘a recommendation’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Paragraph (2) of sec-
tion 5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) 
is amended to read as follows: 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to para-
graph (4), there are authorized to be appropriated to the 
Director for deposit in the Fund, without fiscal year limitation— 
‘‘(A) $435,000,000 for fiscal year 2021; 
‘‘(B) $500,000,000 for fiscal year 2022; 
‘‘(C) $575,000,000 for fiscal year 2023; 
‘‘(D) $662,000,000 for fiscal year 2024; and 
‘‘(E) $761,000,000 for fiscal year 2025.’’. 
(h) TECHNICAL AMENDMENTS.—Section 5012 of the America 
COMPETES Act (42 U.S.C. 16538) is amended— 
(1) in subsection (g)(3)(A)(iii), by striking ‘‘subpart’’ each 
place it appears and inserting ‘‘subparagraph’’; and 
(2) in subsection (o)(4)(B), by striking ‘‘(c)(2)(D)’’ and 
inserting ‘‘(c)(2)(C)’’. 
TITLE XI—OTHER MATTERS 
SEC. 11001. LOW-DOSE RADIATION RESEARCH. 
(a) LOW-DOSE RADIATION RESEARCH PROGRAM.—Section 306(c) 
of the Department of Energy Research and Innovation Act (42 
U.S.C. 18644(c)) is amended to read as follows: 
‘‘(c) LOW-DOSE RADIATION RESEARCH PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry out a research 
program on low-dose and low dose-rate radiation to—
H. R. 133—1430 
‘‘(A) enhance the scientific understanding of, and 
reduce uncertainties associated with, the effects of exposure 
to low-dose and low dose-rate radiation; and 
‘‘(B) inform improved risk-assessment and risk- 
management methods with respect to such radiation. 
‘‘(2) PROGRAM COMPONENTS.—In carrying out the program 
required under paragraph (1), the Secretary shall— 
‘‘(A) support and carry out the directives under section 
106(b) of the American Innovation and Competitiveness 
Act (42 U.S.C. 6601 note), except that such section shall 
be treated for purposes of this subsection as applying to 
low dose and low-dose rate radiation research, in coordina-
tion with the Physical Science Subcommittee of the 
National Science and Technology Council; 
‘‘(B) identify and, to the extent possible, quantify, 
potential monetary and health-related impacts to Federal 
agencies, the general public, industry, research commu-
nities, and other users of information produced by such 
research program; 
‘‘(C) leverage the collective body of knowledge from 
existing low-dose and low dose-rate radiation research; 
‘‘(D) engage with other Federal agencies, research 
communities, and potential users of information produced 
under this section, including institutions performing or uti-
lizing radiation research, medical physics, radiology, health 
physics, and emergency response measures; and 
‘‘(E) support education and outreach activities to 
disseminate information and promote public understanding 
of low-dose radiation, with a focus on non-emergency situa-
tions such as medical physics, space exploration, and natu-
rally occurring radiation. 
‘‘(3) RESEARCH PLAN.— 
‘‘(A) Not later than 90 days after the date of enactment 
of the Energy Act of 2020, the Secretary shall enter into 
an agreement with the National Academy of Sciences to 
develop a long-term strategic and prioritized research 
agenda for the program described in paragraph (2); 
‘‘(B) Not later than one year after the date of enactment 
of the Energy Act of 2020, the Secretary shall transmit 
this research plan developed in subparagraph (A) to the 
Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate. 
‘‘(4) GAO STUDY.—Not later than 3 years after the date 
of enactment of the Energy Act of 2020, the Comptroller Gen-
eral shall transmit to the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate, a report on: 
‘‘(A) an evaluation of the program activities carried 
out under this section; 
‘‘(B) the effectiveness of the coordination and manage-
ment of the program; and 
‘‘(C) the implementation of the research plan outlined 
in paragraph (3). 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) LOW-DOSE RADIATION.—The term ‘low-dose radi-
ation’ means a radiation dose of less than 100 millisieverts.
H. R. 133—1431 
‘‘(B) LOW DOSE-RATE RADIATION.—The term ‘low dose- 
rate radiation’ means a radiation dose rate of less than 
5 millisieverts per hour. 
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to subject any research carried out by the 
Secretary for the program under this subsection to any limita-
tions described in section 977(e) of the Energy Policy Act of 
2005 (42 U.S.C. 16317(e)). 
‘‘(8) FUNDING.—For purposes of carrying out this sub-
section, the Secretary is authorized to make available from 
funds provided to the Biological and Environmental Research 
Program— 
‘‘(A) $20,000,000 for fiscal year 2021; 
‘‘(B) $20,000,000 for fiscal year 2022; 
‘‘(C) $30,000,000 for fiscal year 2023; and 
‘‘(D) $40,000,000 for fiscal year 2024.’’. 
(b) SPACE RADIATION RESEARCH.—Section 306 of the Depart-
ment of Energy Research and Innovation Act (42 U.S.C. 18644) 
is amended by adding at the end the following: 
‘‘(d) SPACE RADIATION RESEARCH.—The Secretary of Energy, 
shall continue and strengthen collaboration with the Administrator 
of the National Aeronautics and Space Administration on basic 
research to understand the effects and risks of human exposure 
to ionizing radiation in low Earth orbit, and in the space environ-
ment.’’. 
SEC. 11002. AUTHORIZATION. 
Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation 
Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking 
‘‘September 30, 2023’’ and inserting ‘‘September 30, 2031’’. 
SEC. 11003. SENSE OF CONGRESS. 
It is the sense of Congress that in order to reduce emissions 
and meet 100 percent of the power demand in the United States 
through clean, renewable, or zero emission energy sources while 
maintaining United States leadership in science and technology, 
the Secretary of Energy must prioritize funding for critical funda-
mental research infrastructure and for basic research and develop-
ment activities carried out through the Office of Science. 
SEC. 
11004. 
ADDRESSING 
INSUFFICIENT 
COMPENSATION 
OF 
EMPLOYEES AND OTHER PERSONNEL OF THE FEDERAL 
ENERGY REGULATORY COMMISSION. 
(a) IN GENERAL.—Section 401 of the Department of Energy 
Organization Act (42 U.S.C. 7171) is amended by adding at the 
end the following: 
‘‘(k) ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES 
AND OTHER PERSONNEL OF THE COMMISSION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, if the Chairman of the Commission publicly certifies that 
compensation for a category of employees or other personnel 
of the Commission is insufficient to retain or attract employees 
and other personnel to allow the Commission to carry out 
the functions of the Commission in a timely, efficient, and 
effective manner, the Chairman may fix the compensation for 
the category of employees or other personnel without regard 
to chapter 51 and subchapter III of chapter 53 of title 5, 
United States Code, or any other civil service law.
H. R. 133—1432 
‘‘(2) CERTIFICATION REQUIREMENTS.—A certification issued 
under paragraph (1) shall— 
‘‘(A) apply with respect to a category of employees 
or other personnel responsible for conducting work of a 
scientific, technological, engineering, or mathematical 
nature; 
‘‘(B) specify a maximum amount of reasonable com-
pensation for the category of employees or other personnel; 
‘‘(C) be valid for a 5-year period beginning on the 
date on which the certification is issued; 
‘‘(D) be no broader than necessary to achieve the objec-
tive of retaining or attracting employees and other per-
sonnel to allow the Commission to carry out the functions 
of the Commission in a timely, efficient, and effective 
manner; and 
‘‘(E) include an explanation for why the other 
approaches available to the Chairman for retaining and 
attracting employees and other personnel are inadequate. 
‘‘(3) RENEWAL.— 
‘‘(A) IN GENERAL.—Not later than 90 days before the 
date of expiration of a certification issued under paragraph 
(1), the Chairman shall determine whether the certification 
should be renewed for a subsequent 5-year period. 
‘‘(B) REQUIREMENT.—If the Chairman determines that 
a certification should be renewed under subparagraph (A), 
the Chairman may renew the certification, subject to the 
certification requirements under paragraph (2) that were 
applicable to the initial certification. 
‘‘(4) NEW HIRES.— 
‘‘(A) IN GENERAL.—An employee or other personnel that 
is a member of a category of employees or other personnel 
that would have been covered by a certification issued 
under paragraph (1), but was hired during a period in 
which the certification has expired and has not been 
renewed under paragraph (3) shall not be eligible for com-
pensation at the level that would have applied to the 
employee or other personnel if the certification had been 
in effect on the date on which the employee or other per-
sonnel was hired. 
‘‘(B) COMPENSATION OF NEW HIRES ON RENEWAL.—On 
renewal of a certification under paragraph (3), the Chair-
man may fix the compensation of the employees or other 
personnel described in subparagraph (A) at the level estab-
lished for the category of employees or other personnel 
in the certification. 
‘‘(5) RETENTION OF LEVEL OF FIXED COMPENSATION.—A cat-
egory of employees or other personnel, the compensation of 
which was fixed by the Chairman in accordance with paragraph 
(1), may, at the discretion of the Chairman, have the level 
of fixed compensation for the category of employees or other 
personnel retained, regardless of whether a certification 
described under that paragraph is in effect with respect to 
the compensation of the category of employees or other per-
sonnel. 
‘‘(6) CONSULTATION REQUIRED.—The Chairman shall con-
sult with the Director of the Office of Personnel Management 
in implementing this subsection, including in the determination
H. R. 133—1433 
of the amount of compensation with respect to each category 
of employees or other personnel. 
‘‘(7) EXPERTS AND CONSULTANTS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Chairman may— 
‘‘(i) obtain the services of experts and consultants 
in accordance with section 3109 of title 5, United States 
Code; 
‘‘(ii) compensate those experts and consultants for 
each day (including travel time) at rates not in excess 
of the rate of pay for level IV of the Executive Schedule 
under section 5315 of that title; and 
‘‘(iii) pay to the experts and consultants serving 
away from the homes or regular places of business 
of the experts and consultants travel expenses and 
per diem in lieu of subsistence at rates authorized 
by sections 5702 and 5703 of that title for persons 
in Government service employed intermittently. 
‘‘(B) LIMITATIONS.—The Chairman shall— 
‘‘(i) to the maximum extent practicable, limit the 
use of experts and consultants pursuant to subpara-
graph (A); and 
‘‘(ii) ensure that the employment contract of each 
expert and consultant employed pursuant to subpara-
graph (A) is subject to renewal not less frequently 
than annually.’’. 
(b) REPORTS.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, and every 2 years thereafter for 
10 years, the Chairman of the Federal Energy Regulatory 
Commission shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a report on 
information relating to hiring, vacancies, and compensation 
at the Federal Energy Regulatory Commission. 
(2) INCLUSIONS.—Each report under paragraph (1) shall 
include— 
(A) an analysis of any trends with respect to hiring, 
vacancies, and compensation at the Federal Energy Regu-
latory Commission; and 
(B) a description of the efforts to retain and attract 
employees or other personnel responsible for conducting 
work of a scientific, technological, engineering, or mathe-
matical nature at the Federal Energy Regulatory Commis-
sion. 
(c) APPLICABILITY.—The amendment made by subsection (a) 
shall apply beginning on the date that is 30 days after the date 
of enactment of this Act. 
SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF 
ENERGY TO IMPLEMENT FLEXIBLE COMPENSATION 
MODELS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of Energy shall submit to Congress a report 
examining the full scope of the hiring authority made available 
to the Secretary of Energy by the Office of Personnel Management 
to implement flexible compensation models, including pay for
H. R. 133—1434 
performance and pay banding, throughout the Department of 
Energy, including at the National Laboratories, for the purposes 
of hiring, recruiting, and retaining employees responsible for con-
ducting work of a scientific, technological, engineering, or mathe-
matical nature. 
DIVISION AA—WATER RESOURCES 
DEVELOPMENT ACT OF 2020 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the ‘‘Water 
Resources Development Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Mainte-
nance Trust Fund. 
Sec. 102. Authorization of appropriations for navigation. 
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund. 
Sec. 104. Additional measures at donor ports and energy transfer ports. 
Sec. 105. Construction of water resources development projects by non-Federal in-
terests. 
Sec. 106. Coast Guard anchorages. 
Sec. 107. State contribution of funds for certain operation and maintenance costs. 
Sec. 108. Great Lakes confined disposal facilities. 
Sec. 109. Inland waterway projects. 
Sec. 110. Implementation of water resources principles and requirements. 
Sec. 111. Resiliency planning assistance. 
Sec. 112. Project consultation. 
Sec. 113. Review of resiliency assessments. 
Sec. 114. Small flood control projects. 
Sec. 115. Flood Protection Projects. 
Sec. 116. Feasibility studies; review of natural and nature-based features. 
Sec. 117. Federal interest determination. 
Sec. 118. Pilot programs on the formulation of Corps of Engineers projects in rural 
communities and economically disadvantaged communities. 
Sec. 119. Permanent measures to reduce emergency flood fighting needs for com-
munities subject to repetitive flooding. 
Sec. 120. Emergency response to natural disasters. 
Sec. 121. Cost and benefit feasibility assessment. 
Sec. 122. Expediting repairs and recovery from flooding. 
Sec. 123. Review of Corps of Engineers assets. 
Sec. 124. Sense of Congress on multipurpose projects. 
Sec. 125. Beneficial use of dredged material; dredged material management plans. 
Sec. 126. Aquatic ecosystem restoration for anadromous fish. 
Sec. 127. Annual report to Congress on water resources infrastructure. 
Sec. 128. Harmful algal bloom demonstration program. 
Sec. 129. Missouri River interception-rearing complex construction. 
Sec. 130. Materials, services, and funds for repair, restoration, or rehabilitation of 
projects. 
Sec. 131. Levee safety. 
Sec. 132. National Dam Safety Program. 
Sec. 133. Rehabilitation of Corps of Engineers constructed pump stations. 
Sec. 134. Non-Federal Project Implementation Pilot Program. 
Sec. 135. Cost sharing provisions for territories and Indian Tribes. 
Sec. 136. Review of contracting policies. 
Sec. 137. Criteria for funding environmental infrastructure projects. 
Sec. 138. Aging infrastructure. 
Sec. 139. Uniformity of notification systems. 
Sec. 140. Coastal storm damage reduction contracts. 
Sec. 141. Dam remediation for ecosystem restoration.
H. R. 133—1435 
Sec. 142. Levee accreditation process; levee certifications. 
Sec. 143. Project partnership agreement. 
Sec. 144. Acceptance of funds for harbor dredging. 
Sec. 145. Replacement capacity. 
Sec. 146. Reviewing hydropower at Corps of Engineers facilities. 
Sec. 147. Repair and restoration of embankments. 
Sec. 148. Coastal mapping. 
Sec. 149. Interim risk reduction measures. 
Sec. 150. Maintenance dredging permits. 
Sec. 151. High water-low water preparedness. 
Sec. 152. Treatment of certain benefits and costs. 
Sec. 153. Lease deviations. 
Sec. 154. Sense of Congress on Arctic deep draft port development. 
Sec. 155. Small water storage projects. 
Sec. 156. Planning Assistance to States. 
Sec. 157. Forecast-informed reservoir operations. 
Sec. 158. Data for water allocation, supply, and demand. 
Sec. 159. Inland waterways pilot program. 
Sec. 160. Definition of economically disadvantaged community. 
Sec. 161. Studies of water resources development projects by non-Federal interests. 
Sec. 162. Leveraging Federal infrastructure for increased water supply. 
Sec. 163. Sense of Congress on removal of unauthorized, manmade, flammable ma-
terials on Corps property. 
Sec. 164. Enhanced development program. 
Sec. 165. Continuing authority programs. 
TITLE II—STUDIES AND REPORTS 
Sec. 201. Authorization of proposed feasibility studies. 
Sec. 202. Expedited completions. 
Sec. 203. Expedited modifications of existing feasibility studies. 
Sec. 204. Assistance to non-Federal sponsors; feasibility analysis. 
Sec. 205. Selma, Alabama. 
Sec. 206. Report on Corps of Engineers facilities in Appalachia. 
Sec. 207. Additional studies under North Atlantic Coast Comprehensive Study. 
Sec. 208. South Atlantic coastal study. 
Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass, California. 
Sec. 210. Lake Okeechobee regulation schedule, Florida. 
Sec. 211. Great Lakes coastal resiliency study. 
Sec. 212. Report on the status of restoration in the Louisiana coastal area. 
Sec. 213. Lower Mississippi River comprehensive management study. 
Sec. 214. Upper Mississippi River Comprehensive Plan. 
Sec. 215. Upper Missouri River Basin mainstem dam fish loss research. 
Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection. 
Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New Hamp-
shire. 
Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon. 
Sec. 219. Port Orford, Oregon. 
Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas. 
Sec. 221. Study on water supply and water conservation at water resources devel-
opment projects. 
Sec. 222. Report to Congress on authorized studies and projects. 
Sec. 223. Completion of reports and materials. 
Sec. 224. Emergency flooding protection for lakes. 
Sec. 225. Report on debris removal. 
Sec. 226. Report on antecedent hydrologic conditions. 
Sec. 227. Subsurface drain systems research and development. 
Sec. 228. Report on corrosion prevention activities. 
Sec. 229. Annual reporting on dissemination of information. 
Sec. 230. Report on benefits calculation for flood control structures. 
TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS 
Sec. 301. Deauthorization of inactive projects. 
Sec. 302. Abandoned and inactive noncoal mine restoration. 
Sec. 303. Tribal partnership program. 
Sec. 304. Lakes program. 
Sec. 305. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 306. Chesapeake Bay Environmental Restoration and Protection Program. 
Sec. 307. Upper Mississippi River System Environmental Management Program. 
Sec. 308. Upper Mississippi River protection. 
Sec. 309. Theodore Ship Channel, Mobile, Alabama. 
Sec. 310. McClellan-Kerr Arkansas River Navigation System.
H. R. 133—1436 
Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana. 
Sec. 312. Lake Isabella, California. 
Sec. 313. Lower San Joaquin River flood control project. 
Sec. 314. Sacramento River, Glenn-Colusa, California. 
Sec. 315. San Diego River and Mission Bay, San Diego County, California. 
Sec. 316. San Francisco, California, Waterfront Area. 
Sec. 317. Western Pacific Interceptor Canal, Sacramento River, California. 
Sec. 318. Rio Grande Environmental Management Program, Colorado, New Mexico, 
and Texas. 
Sec. 319. New London Harbor Waterfront Channel, Connecticut. 
Sec. 320. Wilmington Harbor, Delaware. 
Sec. 321. Wilmington Harbor South Disposal Area, Delaware. 
Sec. 322. Washington Harbor, District of Columbia. 
Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation Plan, Flor-
ida. 
Sec. 324. Central Everglades, Florida. 
Sec. 325. Miami River, Florida. 
Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida. 
Sec. 327. Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns 
River Basin, Florida. 
Sec. 328. Extinguishment of flowage easements, Rough River Lake, Kentucky. 
Sec. 329. Calcasieu River and Pass, Louisiana. 
Sec. 330. Camden Harbor, Maine. 
Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation. 
Sec. 332. Baltimore, Maryland. 
Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi. 
Sec. 334. Missouri river reservoir sediment management. 
Sec. 335. Portsmouth, New Hampshire. 
Sec. 336. Rahway flood risk management feasibility study, New Jersey. 
Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico. 
Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York. 
Sec. 339. Rush River and Lower Branch Rush River, North Dakota. 
Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode 
Island and Connecticut. 
Sec. 341. Harris County, Texas. 
Sec. 342. Cap Sante Waterway, Washington. 
Sec. 343. Local government reservoir permit review. 
Sec. 344. Project modifications for improvement of environment. 
Sec. 345. Aquatic ecosystem restoration. 
Sec. 346. Surplus water contracts and water storage agreements. 
Sec. 347. No wake zones in navigation channels. 
Sec. 348. Limitation on contract execution in the Arkansas River Basin. 
Sec. 349. Waiver of non-Federal share of damages related to certain contract 
claims. 
Sec. 350. Reduced pricing for certain water supply storage. 
Sec. 351. Flood control and other purposes. 
Sec. 352. Additional assistance for critical projects. 
Sec. 353. Project modification authorizations. 
Sec. 354. Completion of maintenance and repair activities. 
Sec. 355. Project reauthorizations. 
Sec. 356. Conveyances. 
Sec. 357. Lake Eufaula advisory committee. 
Sec. 358. Repeal of Missouri River Task Force, North Dakota. 
Sec. 359. Repeal of Missouri River Task Force, South Dakota. 
Sec. 360. Conforming amendments. 
TITLE IV—WATER RESOURCES INFRASTRUCTURE 
Sec. 401. Project authorizations. 
Sec. 402. Special rules. 
Sec. 403. Authorization of projects based on feasibility studies prepared by non- 
Federal interests. 
TITLE V—OTHER MATTERS 
Sec. 501. Update on Invasive Species Policy Guidance. 
Sec. 502. Aquatic invasive species research. 
Sec. 503. Terrestrial noxious weed control pilot program. 
Sec. 504. Invasive species risk assessment, prioritization, and management. 
Sec. 505. Invasive species mitigation and reduction. 
Sec. 506. Aquatic invasive species prevention. 
Sec. 507. Invasive species in alpine lakes pilot program. 
Sec. 508. Murder hornet eradication pilot program.
H. R. 133—1437 
Sec. 509. Asian carp prevention and control pilot program. 
Sec. 510. Invasive species in noncontiguous States and territories pilot program. 
Sec. 511. Soil moisture and snowpack monitoring. 
Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation. 
SEC. 2. SECRETARY DEFINED. 
In this Act, the term ‘‘Secretary’’ means the Secretary of the 
Army. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR 
THE HARBOR MAINTENANCE TRUST FUND. 
Section 14003 of division B of the CARES Act (Public Law 
116–136) is amended to read as follows: 
‘‘SEC. 14003. Any discretionary appropriation for the Corps 
of Engineers— 
‘‘(1) derived from the Harbor Maintenance Trust Fund, 
in this fiscal year and thereafter, not to exceed the sum of— 
‘‘(A) the total amount deposited in the Harbor Mainte-
nance Trust Fund in the fiscal year that is two years 
prior to the fiscal year for which the appropriation is being 
made; and 
‘‘(B)(i) $500,000,000 for fiscal year 2021; 
‘‘(ii) $600,000,000 for fiscal year 2022; 
‘‘(iii) $700,000,000 for fiscal year 2023; 
‘‘(iv) $800,000,000 for fiscal year 2024; 
‘‘(v) $900,000,000 for fiscal year 2025; 
‘‘(vi) $1,000,000,000 for fiscal year 2026; 
‘‘(vii) $1,200,000,000 for fiscal year 2027; 
‘‘(viii) $1,300,000,000 for fiscal year 2028; 
‘‘(ix) $1,400,000,000 for fiscal year 2029; and 
‘‘(x) $1,500,000,000 for fiscal year 2030 and thereafter; 
and 
‘‘(2) for the Operation and Maintenance account of the 
Corps of Engineers which is designated in statute as being 
to carry out subsection (c) of section 2106 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 
2238c), not to exceed— 
‘‘(A) $50,000,000 for fiscal year 2021; 
‘‘(B) $50,000,000 for fiscal year 2022; 
‘‘(C) $56,000,000 for fiscal year 2023; 
‘‘(D) $58,000,000 for fiscal year 2024; 
‘‘(E) $60,000,000 for fiscal year 2025; 
‘‘(F) $62,000,000 for fiscal year 2026; 
‘‘(G) $64,000,000 for fiscal year 2027; 
‘‘(H) $66,000,000 for fiscal year 2028; 
‘‘(I) $68,000,000 for fiscal year 2029; and 
‘‘(J) $70,000,000 for fiscal year 2030; 
shall be subtracted from the estimate of discretionary budget 
authority and outlays for any estimate of an appropriations Act 
under the Congressional Budget and Impoundment Control Act 
of 1974 or the Balanced Budget and Emergency Deficit Control 
Act of 1985.’’. 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION. 
(a) AUTHORIZATION.—
H. R. 133—1438 
(1) IN GENERAL.—In carrying out subsection (c) of section 
210 of the Water Resources Development Act of 1986 (33 U.S.C. 
2238), for each fiscal year, of the funds made available under 
such section (including funds appropriated from the Harbor 
Maintenance Trust Fund), the Secretary shall, to the extent 
practicable, unless otherwise directed in an Act making appro-
priations for the Corps of Engineers, make expenditures to 
pay for operation and maintenance costs of the harbors and 
inland harbors referred to in subsection (a)(2) of such section, 
to the extent there are identifiable operations and maintenance 
needs, of— 
(A) not less than 15 percent of such funds for emerging 
harbor projects, including eligible breakwater and jetty 
needs at such harbor projects; 
(B) not less than 13 percent of such funds for projects 
that are located within the Great Lakes Navigation System; 
(C) 12 percent of such funds for expanded uses carried 
out at donor ports and energy transfer ports, of which— 
(i) 1⁄3 shall be provided to energy transfer ports; 
and 
(ii) 2⁄3 shall be provided to donor ports; 
(D) not less than 17 percent of such funds for projects 
that are assigned to commercial strategic seaports; and 
(E) any remaining funds for operation and maintenance 
costs of any harbor or inland harbor referred to in such 
subsection (a)(2) based on an equitable allocation of such 
funds among such harbors and inland harbors, in accord-
ance with subsection (c)(1) of such section 210. 
(2) DEFINITIONS.—In this subsection: 
(A) 
COMMERCIAL
STRATEGIC
SEAPORT.—The 
term 
‘‘commercial strategic seaport’’ means a commercial harbor 
supporting the coordination of efficient port operations 
during peacetime and national defense emergencies that 
is designated as strategic through the National Port Readi-
ness Network. 
(B) DONOR PORT; ENERGY TRANSFER PORT.—The terms 
‘‘donor port’’ and ‘‘energy transfer port’’ have the meanings 
given those terms in section 2106 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2238c). 
(C) EMERGING HARBOR PROJECT; GREAT LAKES NAVIGA-
TION SYSTEM.—The terms ‘‘emerging harbor project’’ and 
‘‘Great Lakes Navigation System’’ have the meanings given 
those terms in section 210 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2238). 
(3) EFFECTIVE DATE.—This subsection shall take effect on 
October 1, 2022. 
(b) ADDITIONAL USES.— 
(1) OPERATION AND MAINTENANCE OF HARBOR PROJECTS.— 
Section 210(c)(3) of the Water Resources Development Act of 
1986 (33 U.S.C. 2238(c)(3)) is amended— 
(A) by striking ‘‘Notwithstanding’’ and inserting the 
following: 
‘‘(A) ALLOCATION.—Notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(B) ADDITIONAL USES AT EMERGING HARBORS.— 
‘‘(i) USES.—In each fiscal year, the Secretary may 
use not more than $5,000,000 of funds allocated for
H. R. 133—1439 
emerging harbor projects under paragraph (1) to pay 
for the costs of up to 10 projects for maintenance 
dredging of a marina or berthing area, in an emerging 
harbor, that includes an area that is located adjacent 
to, or is accessible by, a Federal navigation project, 
subject to clauses (ii) and (iii) of this subparagraph. 
‘‘(ii) ELIGIBLE EMERGING HARBORS.—The Secretary 
may use funds as authorized under clause (i) at an 
emerging harbor that— 
‘‘(I) supports commercial activities, including 
commercial fishing operations, commercial fish 
processing operations, recreational and sport 
fishing, and commercial boat yards; or 
‘‘(II) supports activities of the Secretary of the 
department in which the Coast Guard is operating. 
‘‘(iii) 
COST-SHARING
REQUIREMENTS.—The 
Sec-
retary shall require a non-Federal interest to con-
tribute not less than 25 percent of the costs for mainte-
nance dredging of that portion of a maintenance 
dredging project described in clause (i) that is located 
outside of the Federal navigation project, which may 
be provided as an in-kind contribution, including 
through the use of dredge equipment owned by non- 
Federal interest to carry out such activities.’’. 
(2) ASSESSMENT OF HARBORS AND INLAND HARBORS.—Sec-
tion 210(e)(2)(A)(ii) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting 
‘‘uses described in subsection (c)(3)(B) and’’ after ‘‘costs for’’. 
(3) DEFINITIONS.—Section 210(f) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238(f)) is amended— 
(A) by striking paragraph (6); 
(B) by redesignating paragraphs (3) through (5) as 
paragraphs (4) through (6), respectively; 
(C) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) EMERGING
HARBOR.—The term ‘emerging harbor’ 
means a harbor or inland harbor referred to in subsection 
(a)(2) that transits less than 1,000,000 tons of cargo annually. 
‘‘(3) EMERGING
HARBOR
PROJECT.—The term ‘emerging 
harbor project’ means a project that is assigned to an emerging 
harbor.’’; and 
(D) in paragraph (4) (as so redesignated), by adding 
at the end the following: 
‘‘(C) An in-water improvement, if the improvement— 
‘‘(i) is for the seismic reinforcement of a wharf 
or other berthing structure, or the repair or replace-
ment of a deteriorating wharf or other berthing struc-
ture, at a port facility; 
‘‘(ii) benefits commercial navigation at the harbor; 
and 
‘‘(iii) is located in, or adjacent to, a berth that 
is accessible to a Federal navigation project. 
‘‘(D) An activity to maintain slope stability at a berth 
in a harbor that is accessible to a Federal navigation project 
if such activity benefits commercial navigation at the 
harbor.’’.
H. R. 133—1440 
SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTE-
NANCE TRUST FUND. 
Section 330 of the Water Resources Development Act of 1992 
(26 U.S.C. 9505 note; 106 Stat. 4851) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and annually thereafter,’’ and inserting 
‘‘and annually thereafter concurrent with the submission 
of the President’s annual budget request to Congress,’’; 
and 
(B) by striking ‘‘Public Works and Transportation’’ and 
inserting ‘‘Transportation and Infrastructure’’; and 
(2) in subsection (b)(1) by adding at the end the following: 
‘‘(D) A description of the expected expenditures from 
the trust fund to meet the needs of navigation for the 
fiscal year of the budget request.’’. 
SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY 
TRANSFER PORTS. 
(a) INTERIM AUTHORIZATION.—Section 2106(f) of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(f)) 
is amended— 
(1) in paragraph (1), by striking ‘‘2020’’ and inserting 
‘‘2022’’; and 
(2) by striking paragraph (3). 
(b) IN GENERAL.— 
(1) DEFINITIONS.—Section 2106(a) of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is 
amended— 
(A) in paragraph (3)(A)— 
(i) by amending clause (ii) to read as follows: 
‘‘(ii) at which the total amount of harbor mainte-
nance taxes collected (including the estimated taxes 
related to domestic cargo and cruise passengers) com-
prise not less than $15,000,000 annually of the total 
funding of the Harbor Maintenance Trust Fund on 
an average annual basis for the previous 3 fiscal 
years;’’; 
(ii) in clause (iii)— 
(I) by inserting ‘‘(including the estimated taxes 
related to domestic cargo and cruise passengers)’’ 
after ‘‘taxes collected’’; and 
(II) by striking ‘‘5 fiscal years’’ and inserting 
‘‘3 fiscal years’’; and 
(iii) in clause (iv), by striking ‘‘in fiscal year 2012’’ 
and inserting ‘‘on an average annual basis for the 
previous 3 fiscal years’’; 
(B) in paragraph (5)(B), by striking ‘‘in fiscal year 
2012’’ each place it appears and inserting ‘‘on an average 
annual basis for the previous 3 fiscal years’’; 
(C) by redesignating paragraph (8) as paragraph (9) 
and inserting after paragraph (7) the following: 
‘‘(8) HARBOR MAINTENANCE TRUST FUND.—The term ‘Harbor 
Maintenance Trust Fund’ means the Harbor Maintenance Trust 
Fund established by section 9505 of the Internal Revenue Code 
of 1986.’’; and 
(D) in paragraph (9), as so redesignated—
H. R. 133—1441 
(i) by amending subparagraph (B) to read as fol-
lows: 
‘‘(B) at which the total amount of harbor maintenance 
taxes collected (including the estimated taxes related to 
domestic cargo and cruise passengers) comprise annually 
more than $5,000,000 but less than $15,000,000 of the 
total funding of the Harbor Maintenance Trust Fund on 
an average annual basis for the previous 3 fiscal years;’’; 
(ii) in subparagraph (C)— 
(I) by inserting ‘‘(including the estimated taxes 
related to domestic cargo and cruise passengers)’’ 
after ‘‘taxes collected’’; and 
(II) by striking ‘‘5 fiscal years’’ and inserting 
‘‘3 fiscal years’’; and 
(iii) in subparagraph (D), by striking ‘‘in fiscal 
year 2012’’ and inserting ‘‘on an average annual basis 
for the previous 3 fiscal years’’. 
(2) REPORT TO CONGRESS; AUTHORIZATION OF APPROPRIA-
TIONS.—Section 2106 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2238c) is amended— 
(A) by striking subsection (e) and redesignating sub-
sections (f) and (g) as subsections (e) and (f), respectively; 
and 
(B) in subsection (e), as so redesignated, by amending 
paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section— 
‘‘(A) $56,000,000 for fiscal year 2023; 
‘‘(B) $58,000,000 for fiscal year 2024; 
‘‘(C) $60,000,000 for fiscal year 2025; 
‘‘(D) $62,000,000 for fiscal year 2026; 
‘‘(E) $64,000,000 for fiscal year 2027; 
‘‘(F) $66,000,000 for fiscal year 2028; 
‘‘(G) $68,000,000 for fiscal year 2029; and 
‘‘(H) $70,000,000 for fiscal year 2030.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2022. 
SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
PROJECTS BY NON-FEDERAL INTERESTS. 
(a) STUDIES AND ENGINEERING.—Section 204(c)(1) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is 
amended by striking ‘‘under subsection (b)’’ and inserting ‘‘under 
this section’’. 
(b) ASSUMPTION OF MAINTENANCE OF A LOCALLY PREFERRED 
PLAN.—Section 204(f) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2232(f)) is amended to read as follows: 
‘‘(f) OPERATION AND MAINTENANCE.— 
‘‘(1) ASSUMPTION OF MAINTENANCE.—Whenever a non-Fed-
eral interest carries out improvements to a federally authorized 
harbor or inland harbor, the Secretary shall be responsible 
for operation and maintenance in accordance with section 101(b) 
if— 
‘‘(A) before construction of the improvements— 
‘‘(i) the Secretary determines that the improve-
ments are feasible and consistent with the purposes 
of this title; and
H. R. 133—1442 
‘‘(ii) the Secretary and the non-Federal interest 
execute a written agreement relating to operation and 
maintenance of the improvements; 
‘‘(B) the Secretary certifies that the project or separable 
element of the project is constructed in accordance with 
applicable permits and appropriate engineering and design 
standards; and 
‘‘(C) the Secretary does not find that the project or 
separable element is no longer feasible. 
‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF 
A
LOCALLY
PREFERRED
PLAN.—In the case of improvements 
determined by the Secretary pursuant to paragraph (1)(A)(i) 
to deviate from the national economic development plan, the 
Secretary shall be responsible for all operation and maintenance 
costs of such improvements, as described in section 101(b), 
including costs in excess of the costs of the national economic 
development plan, if the Secretary determines that the improve-
ments satisfy the requirements of paragraph (1).’’. 
(c) REPORT.—A non-Federal interest may submit to the Sec-
retary a report on improvements to a federally authorized harbor 
or inland harbor to be carried out by the non-Federal interest, 
containing any information necessary for the Secretary determine 
whether the improvements satisfy the requirements of section 
204(f)(1) of the Water Resources Development Act of 1986 (33 
U.S.C. 2232), including— 
(1) the economic justification for the improvements; 
(2) details of the project improvement plan and design; 
(3) proposed arrangements for the work to be performed; 
and 
(4) documents relating to any applicable permits required 
for the project improvements. 
(d) 
PROJECT
STUDIES
SUBJECT
TO
INDEPENDENT
PEER 
REVIEW.—The Secretary shall not be required to subject a project 
study for a project with a cost of less than $200,000,000, which 
the Secretary determines satisfies the requirements of section 
204(f)(1) of the Water Resources Development Act of 1986 (33 
U.S.C. 
2232), 
to 
independent 
peer 
review 
under 
section 
2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 
(33 U.S.C. 2343(a)(3)(A)(i)). 
SEC. 106. COAST GUARD ANCHORAGES. 
The Secretary may perform dredging at Federal expense within 
and adjacent to anchorages established by the Coast Guard pursu-
ant to existing authorities. 
SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION 
AND MAINTENANCE COSTS. 
In carrying out eligible operations and maintenance activities 
within the Great Lakes Navigation System pursuant to section 
210 of the Water Resources Development Act of 1986 (33 U.S.C. 
2238) in a State that has implemented any additional State limita-
tion on the disposal of dredged material in the open waters of 
such State, the Secretary may, pursuant to section 5 of the Act 
of June 22, 1936 (33 U.S.C. 701h), receive from such State, and 
expend, such funds as may be contributed by the State to cover 
the additional costs for operations and maintenance activities for 
a harbor or inland harbor within such State that result from such 
limitation.
H. R. 133—1443 
SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES. 
(a) MITIGATION.—The Secretary may relocate access to the Port 
of Cleveland confined disposal facility, owned or operated by a 
non-Federal interest, in which material dredged by the Corps of 
Engineers is placed. 
(b) COST-SHARE.—The cost to relocate access to the confined 
disposal facility described in subsection (a) shall be shared in accord-
ance with the cost share applicable to operation and maintenance 
of the Federal navigation project from which material placed in 
the confined disposal facility is dredged. 
(c) TERMINATION.—The authority provided under this section 
shall terminate on December 31, 2024. 
SEC. 109. INLAND WATERWAY PROJECTS. 
Notwithstanding section 102 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2212), for a project for navigation 
on the inland waterways receiving a construction appropriation 
during any of fiscal years 2021 through 2031, 35 percent of the 
costs of construction of the project shall be paid from amounts 
appropriated from the Inland Waterways Trust Fund until such 
construction of the project is complete. 
SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND 
REQUIREMENTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue final agency-specific 
procedures necessary to implement the principles and requirements 
and the interagency guidelines. 
(b) DEVELOPMENT OF FUTURE WATER RESOURCES DEVELOPMENT 
PROJECTS.—The procedures required by subsection (a) shall ensure 
that the Secretary, in the formulation of future water resources 
development projects— 
(1) develops such projects in accordance with— 
(A) the guiding principles established by the principles 
and requirements; and 
(B) the national water resources planning policy estab-
lished by section 2031(a) of the Water Resources Develop-
ment Act of 2007 (42 U.S.C. 1962–3(a)); and 
(2) fully identifies and analyzes national economic develop-
ment benefits, regional economic development benefits, environ-
mental quality benefits, and other societal effects. 
(c) REVIEW AND UPDATE.—Every 5 years, the Secretary shall 
review and, where appropriate, revise the procedures required by 
subsection (a). 
(d) PUBLIC
REVIEW, NOTICE, AND
COMMENT.—In issuing, 
reviewing, and revising the procedures required by this section, 
the Secretary shall— 
(1) provide notice to interested non-Federal stakeholders 
of the Secretary’s intent to revise the procedures; 
(2) provide opportunities for interested non-Federal stake-
holders to engage with, and provide input and recommendations 
to, the Secretary on the revision of the procedures; and 
(3) solicit and consider public and expert comments. 
(e) DEFINITIONS.—In this section: 
(1) INTERAGENCY
GUIDELINES.—The term ‘‘interagency 
guidelines’’ means the interagency guidelines contained in the 
document finalized by the Council on Environmental Quality
H. R. 133—1444 
pursuant to section 2031 of the Water Resources Development 
Act of 2007 (42 U.S.C. 1962–3) in December 2014, to implement 
the principles and requirements. 
(2) PRINCIPLES AND REQUIREMENTS.—The term ‘‘principles 
and requirements’’ means the principles and requirements con-
tained in the document prepared by the Council on Environ-
mental Quality pursuant to section 2031 of the Water Resources 
Development Act of 2007 (42 U.S.C. 1962–3), entitled ‘‘Prin-
ciples and Requirements for Federal Investments in Water 
Resources’’, and dated March 2013. 
SEC. 111. RESILIENCY PLANNING ASSISTANCE. 
(a) IN GENERAL.—Section 206(a) of the Flood Control Act of 
1960 (33 U.S.C. 709a(a)) is amended by inserting ‘‘, to avoid repet-
itive flooding impacts, to anticipate, prepare, and adapt to changing 
climatic conditions and extreme weather events, and to withstand, 
respond to, and recover rapidly from disruption due to the flood 
hazards’’ after ‘‘in planning to ameliorate the flood hazard’’. 
(b) PRIORITIZING FLOOD RISK RESILIENCY TECHNICAL ASSIST-
ANCE.—In carrying out section 206 of the Flood Control Act of 
1960 (33 U.S.C. 709a), the Secretary shall prioritize the provision 
of technical assistance to support flood risk resiliency planning 
efforts of economically disadvantaged communities or communities 
subject to repetitive flooding. 
SEC. 112. PROJECT CONSULTATION. 
(a) REPORTS REQUIRED.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall submit the fol-
lowing reports: 
(1) The report required under section 1214 of the Water 
Resources Development Act of 2018 (132 Stat. 3809). 
(2) The report required under section 1120(a)(3) of the 
Water Resources Development Act of 2016 (130 Stat. 1643). 
(b) ENVIRONMENTAL JUSTICE UPDATES.— 
(1) IN GENERAL.—In the formulation of water development 
resources projects, the Secretary shall comply with any existing 
Executive order regarding environmental justice in effect as 
of the date of enactment of this Act to address any dispropor-
tionate and adverse human health or environmental effects 
on minority communities, low-income communities, and Indian 
Tribes. 
(2) UPDATE.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall review, and shall update, 
where appropriate, any policies, regulations, and guidance of 
the Corps of Engineers necessary to implement any Executive 
order described in paragraph (1) with respect to water resources 
development projects. 
(3) REQUIREMENTS.—In updating the policies, regulations, 
or guidance under paragraph (2), the Secretary shall— 
(A) provide notice to interested non-Federal stake-
holders, including representatives of minority communities, 
low-income communities, and Indian Tribes; 
(B) provide opportunities for interested stakeholders 
to comment on potential updates of policies, regulations, 
or guidance; 
(C) consider the recommendations from the reports 
submitted under subsection (a); and
H. R. 133—1445 
(D) promote the meaningful involvement of minority 
communities, low-income communities, and Indian Tribes. 
(c) COMMUNITY
ENGAGEMENT.—In carrying out a water 
resources development project, the Secretary shall, to the extent 
practicable— 
(1) promote the meaningful involvement of minority 
communities, low-income communities, and Indian Tribes; 
(2) provide guidance and technical assistance to such 
communities or Tribes to increase understanding of the project 
development and implementation activities, regulations, and 
policies of the Corps of Engineers; and 
(3) cooperate with State, Tribal, and local governments 
with respect to activities carried out pursuant to this sub-
section. 
(d) TRIBAL LANDS AND CONSULTATION.—In carrying out water 
resources development projects, the Secretary shall, to the extent 
practicable and in accordance with the Tribal Consultation Policy 
affirmed and formalized by the Secretary on November 1, 2012 
(or a successor policy)— 
(1) promote meaningful involvement with Indian Tribes 
specifically on any Tribal lands near or adjacent to any water 
resources development projects, for purposes of identifying 
lands of ancestral, cultural, or religious importance; 
(2) consult with Indian Tribes specifically on any Tribal 
areas near or adjacent to any water resources development 
projects, for purposes of identifying lands, waters, and other 
resources critical to the livelihood of the Indian Tribes; and 
(3) cooperate with Indian Tribes to avoid, or otherwise 
find alternate solutions with respect to, such areas. 
SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS. 
(a) RESILIENCY ASSESSMENT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this section, and in conjunction with the 
development of procedures under section 110 of this Act, the 
Secretary is directed to review, and where appropriate, revise 
the existing planning guidance documents and regulations of 
the Corps of Engineers on the assessment of the effects of 
sea level rise or inland flooding on future water resources 
development projects to ensure that such guidance documents 
and regulations are based on the best available, peer-reviewed 
science and data on the current and future effects of sea level 
rise or inland flooding on relevant communities. 
(2) COORDINATION.—In carrying out this subsection, the 
Secretary shall— 
(A) coordinate the review with the Engineer Research 
and Development Center, other Federal and State agencies, 
and other relevant entities; and 
(B) to the maximum extent practicable and where 
appropriate, utilize data provided to the Secretary by such 
agencies. 
(b) ASSESSMENT OF BENEFITS FROM ADDRESSING SEA LEVEL 
RISE AND INLAND FLOODING RESILIENCY IN FEASIBILITY REPORTS.— 
(1) IN
GENERAL.—Upon the request of a non-Federal 
interest, in carrying out a feasibility study for a project for 
flood risk mitigation, hurricane and storm damage risk reduc-
tion, or ecosystem restoration under section 905 of the Water
H. R. 133—1446 
Resources Development Act of 1986 (33 U.S.C. 2282), the Sec-
retary shall consider whether the need for the project is predi-
cated upon or exacerbated by conditions related to sea level 
rise or inland flooding. 
(2) ADDRESSING
SEA
LEVEL
RISE
AND
INLAND
FLOODING 
RESILIENCY BENEFITS.—To the maximum extent practicable, in 
carrying out a study pursuant to paragraph (1), the Secretary 
shall document the potential effects of sea level rise or inland 
flooding on the project, and the expected benefits of the project 
relating to sea level rise or inland flooding, during the 50- 
year period after the date of completion of the project. 
SEC. 114. SMALL FLOOD CONTROL PROJECTS. 
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 
is amended by inserting ‘‘, and projects that use natural features 
or nature-based features (as those terms are defined in section 
1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 
2289a(a))),’’ after ‘‘nonstructural projects’’. 
SEC. 115. FLOOD PROTECTION PROJECTS. 
(a) GENERAL CONSIDERATIONS.—Section 73(a) of the Water 
Resources Development Act of 1974 (33 U.S.C. 701b–11(a)) is 
amended by striking ‘‘including’’ and all that follows through the 
period at the end and inserting the following: ‘‘, with a view toward 
formulating the most economically, socially, and environmentally 
acceptable means of reducing or preventing flood damage, 
including— 
‘‘(1) floodproofing of structures, including through elevation; 
‘‘(2) floodplain regulation; 
‘‘(3) acquisition of floodplain land for recreational, fish and 
wildlife, and other public purposes; 
‘‘(4) relocation; and 
‘‘(5) the use of a feature described in section 1184(a) of 
the Water Infrastructure Improvements for the Nation Act 
(33 U.S.C. 2289a(a)).’’. 
(b) CONFORMING AMENDMENT.—Section 103(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213) is amended— 
(1) in the subsection heading, by striking ‘‘NONSTRUCTURAL 
FLOOD CONTROL PROJECTS’’ and inserting ‘‘PROJECTS USING 
NONSTRUCTURAL, NATURAL, OR NATURE-BASED FEATURES’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘nonstructural flood control measures’’ 
and inserting ‘‘a flood risk management or hurricane and 
storm damage risk reduction measure using a non-
structural feature, or a natural feature or nature-based 
feature (as those terms are defined in section 1184(a) of 
the Water Resources Development Act of 2016 (33 U.S.C. 
2289a(a))),’’; and 
(B) by striking ‘‘cash during construction of the project’’ 
and inserting ‘‘cash during construction for a nonstructural 
feature if the costs of land, easements, rights-of-way, 
dredged material disposal areas, and relocations for such 
feature are estimated to exceed 35 percent’’. 
SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE- 
BASED FEATURES. 
(a) TECHNICAL CORRECTION.—Section 1149(c) of the Water 
Resources Development Act of 2018 (33 U.S.C. 2282 note; 132