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114th Congress }                                               {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                               {  114-532

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



 
         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS BILL, 2017

                                _______
                                

 April 26, 2016.--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

                            ADDITIONAL VIEWS

                        [To accompany H.R. 5055]

    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, 2017, 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
                                                                     26
                Mississippi River and Tributaries..........     5
                                                                     32
                Operation and Maintenance..................     5
                                                                     35
                Regulatory Program.........................     7
                                                                     58
                Formerly Utilized Sites Remedial Action 
                    Program................................     7
                                                                     60
                Flood Control and Coastal Emergencies......     7
                                                                     60
                Expenses...................................     8
                                                                     61
                Office of the Assistant Secretary of the 
                    Army (Civil Works).....................     9
                                                                     62
        General Provisions.................................     9
                                                                     62
II. Department of the Interior:                                14
                                                                     63
        Central Utah Project...............................    14
                                                                     63
                Central Utah Project Completion Account....    14
                                                                     63
        Bureau of Reclamation:                                 15
                                                                     63
                Water and Related Resources................    15
                                                                     64
                Central Valley Project Restoration Fund....    17
                                                                     75
                California Bay-Delta Restoration...........    17
                                                                     75
                Policy and Administration..................    18
                                                                     76
                General Provisions.........................    19
                                                                     76
III. Department of Energy:                                     43
                                                                     77
        Introduction.......................................
                                                                     77
        Committee Recommendations..........................
                                                                     81
        Energy Programs:                                       43
                                                                     82
                Energy Efficiency and Renewable Energy.....    43
                                                                     82
                Electricity Delivery and Energy Reliability    44
                                                                     89
                Nuclear Energy.............................    44
                                                                     90
                Fossil Energy Research and Development.....    45
                                                                     93
                Office of Technology Transistions..........    45
                                                                     96
                Naval Petroleum and Oil Shale Reserves.....    46
                                                                     97
                Strategic Petroleum Reserve................    46
                                                                     97
                Northeast Home Heating Oil Reserve.........    46
                                                                     98
                Energy Information Administration..........    46
                                                                     98
                Non-Defense Environmental Cleanup..........    47
                                                                     98
                Uranium Enrichment Decontamination and 
                    Decommissioning Fund...................    47
                                                                     99
                Science....................................    48
                                                                    100
                Nuclear Waste Disposal.....................    48
                                                                    105
                Advanced Research Projects Agency--Energy..    49
                                                                    105
                Title 17 Innovative Technology Loan 
                    Guarantee Program......................    49
                                                                    106
                Advanced Technology Vehicles Manufacturing 
                    Loan Program...........................    50
                                                                    106
                Departmental Administration................    50
                                                                    107
                Office of the Inspector General............    51
                                                                    108
        Atomic Energy Defense Activities:                      52
                                                                    108
        National Nuclear Security Administration:              52
                                                                    108
                Weapons Activities.........................    52
                                                                    109
                Defense Nuclear Nonproliferation...........    53
                                                                    114
                Naval Reactors.............................    54
                                                                    117
                Federal Salaries and Expenses..............    54
                                                                    117
        Environmental and Other Defense Activities:            54
                                                                    118
                Defense Environmental Cleanup..............    54
                                                                    118
                Other Defense Activities...................    55
                                                                    120
        Power Marketing Administrations:                       56
                                                                    120
                Bonneville Power Administration............    56
                                                                    120
                Southeastern Power Administration..........    56
                                                                    121
                Southwestern Power Administration..........    57
                                                                    121
                Western Area Power Administration..........    59
                                                                    121
                Falcon and Amistad Operating and 
                    Maintenance Fund.......................    60
                                                                    122
        Federal Energy Regulatory Commission...............    62
                                                                    123
        Committee Recommendation...........................
                                                                    123
        General Provisions.................................    63
                                                                    157
IV. Independent Agencies:                                      70
                                                                    157
        Appalachian Regional Commission....................    70
                                                                    157
        Defense Nuclear Facilities Safety Board............    71
                                                                    158
        Delta Regional Authority...........................    71
                                                                    158
        Denali Commission..................................    71
                                                                    159
        Northern Border Regional Commission................    72
                                                                    159
        Southeast Crescent Regional Commission.............    72
                                                                    159
        Nuclear Regulatory Commission......................    72
                                                                    159
        Nuclear Waste Technical Review Board...............    75
                                                                    162
V. General Provisions:                                         77
                                                                    163
House of Representatives Report Requirements...............
                                                                    163

                SUMMARY OF ESTIMATES AND RECOMMENDATIONS

    The Committee has considered budget estimates, which are 
contained in the Budget of the United States Government, Fiscal 
Year 2017. The following table summarizes appropriations for 
fiscal year 2016, the budget estimates, and amounts recommended 
in the bill for fiscal year 2017.


                              INTRODUCTION

    The Energy and Water Development Appropriations bill for 
fiscal year 2017 totals $37,444,000,000, $259,010,000 above the 
amount appropriated in fiscal year 2016 and $167,815,000 above 
the President's budget request. Total defense funding is 
$19,044,000,000, $184,010,000 above the amount appropriated in 
fiscal year 2016 and $299,478,000 below the budget request. 
Total non-defense funding is $18,400,000,000, $75,000,000 above 
the amount appropriated in fiscal year 2016 and $467,293,000 
above the budget request.
    Title I of the bill provides $6,089,330,000 for the Civil 
Works programs of the U.S. Army Corps of Engineers, 
$100,330,000 above fiscal year 2016 and $1,469,330,000 above 
the budget request. Total funding for activities eligible for 
reimbursement from the Harbor Maintenance Trust Fund is 
estimated at $1,263,000,000, which is the same as fiscal year 
2016 and $312,000,000 above the budget request. The bill makes 
use of all estimated annual revenues from the Inland Waterways 
Trust Fund.
    Title II provides $1,144,578,000 for the Department of the 
Interior and the Bureau of Reclamation, $130,422,000 below 
fiscal year 2016 and $32,819,000 above the budget request. The 
Committee recommends $1,133,578,000 for the Bureau of 
Reclamation, $131,422,000 below fiscal year 2016 and 
$27,419,000 above the budget request. The Committee recommends 
$11,000,000 for the Central Utah Project, $1,000,000 above 
fiscal year 2016 and $5,400,000 above the budget request.
    Title III provides $29,962,889,000 for the Department of 
Energy, $245,611,000 above fiscal year 2016 and $1,541,014,000 
below 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 $12,853,570,000, 
$327,058,000 above fiscal year 2016 and $22,030,000 below the 
budget request.
    Funding for energy programs within the Department of 
Energy, which includes basic science research and the applied 
energy programs, is $11,082,635,000, $56,030,000 above fiscal 
year 2016 and $1,256,796,000 below the budget request. The 
Committee recommends $5,400,000,000 for the Office of Science, 
$1,825,000,000 for Energy Efficiency and Renewable Energy; 
$1,011,616,000 for Nuclear Energy; $645,000,000 for Fossil 
Energy; and $305,889,000 for the Advanced Research Projects 
Agency--Energy.
    Environmental management activities--non-defense 
environmental cleanup, uranium enrichment decontamination and 
decommissioning, and defense environmental cleanup--are funded 
at $6,152,235,000, $66,256,000 below fiscal year 2016 and 
$543,385,000 above the budget request.
    Funding for the Power Marketing Administrations is provided 
at the requested levels.
    Title IV provides $363,203,000 for several Independent 
Agencies, $21,491,000 above fiscal year 2016 and $51,580,000 
above the budget request. Net funding for the Nuclear 
Regulatory Commission is $149,268,000, $32,132,000 above fiscal 
year 2016 and $30,266,000 above the budget request.

                     Overview of the Recommendation

    The Committee recommendation continues the strong 
investments in American infrastructure contained in the fiscal 
year 2016 Act. The recommendation rejects the Administration's 
ill-considered request to cut approximately $1,153,000,000 from 
critical Corps efforts to keep the nation's rivers and ports 
dredged and to protect farmland and cities from flooding. Such 
a reduction would have a detrimental impact on the nation's 
economic competitiveness and defenses against flooding. The 
Committee strongly encourages the Administration to request a 
fiscal year 2018 budget that recognizes and supports these 
critical missions of the Corps.
    The recommendation also includes significant support to 
ensure the short- and long-term supply of affordable, clean 
energy and the stability of the nation's electrical 
infrastructure. This portfolio builds upon this country's 
significant fossil, nuclear, and renewable energy resources to 
strengthen American energy independence.

                       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 this 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 ports 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. These waterways handled foreign commerce valued at more 
than $1,774,000,000,000 in 2012 alone. 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 necessary tools 
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, Corps projects prevented damages of $14,800,000,000 in 
2014 alone. Between 1928 and 2014, each inflation-adjusted 
dollar invested in these projects prevented $7.95 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 more than 112 
billion kilowatt-hours, enough to power more than 10 million 
homes, annually. Gross revenues from the sale of this power 
reach nearly $6,000,000,000 annually.

                         National Energy Policy

    In 2012 the President unveiled an ``all of the above'' 
energy strategy designed to take advantage and utilize all 
sources of American-made energy. Since that time, each budget 
request has proposed increased funding for energy efficiency 
and renewable energy at the expense of more stable energy 
sources. While the American energy market has experienced 
production breakthroughs for every energy generation source, 
the budget request has continued its focus on those that 
provide only a fraction of the energy produced in this country. 
Fossil and nuclear sources provide 87 percent of the 
electricity generation in this nation. They will continue to 
provide the majority of the nation's energy needs in the 
future. A budget request that fails to provide adequate funding 
for all energy sources within the nation's energy portfolio 
does not represent a fair ``all of the above'' approach. The 
Administration's severe regulations on carbon pollution from 
existing and new fossil-fueled electric power plants only 
further the inconsistencies in the budget request.
    The Committee notes that the fiscal year 2017 budget 
request also utilized a large amount of prior-year balances as 
an offset to the Fossil Energy Research and Development 
account. The Committee rejects this budgetary gimmick.
    A realistic national energy policy provides resources to 
ensure the nation can efficiently and safely utilize its 
abundant fossil resources while investing in research and 
development to advance technological breakthroughs in renewable 
resources. For any of these improvements to be successful, a 
reliable and resilient infrastructure must be the foundation. 
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 continues its long-standing support for the 
investment of taxpayer funds across the spectrum of all energy 
technologies. A national energy policy can only be successful 
if it maintains stability while planning for long-term 
strategic goals of energy security, independence, and 
prosperity for the nation. The Committee makes strategic 
choices, recommending a balanced approach to advancing research 
and development in all energy technologies and supporting a 
robust electric grid.

                    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
------------------------------------------------------------------------
Army Corps of Engineers................  Direction on seamless
                                          sequencing of IWTF projects
Army Corps of Engineers................  Direction on Principles and
                                          Guidelines
Army Corps of Engineers................  Guidance on ratings systems for
                                          allocating additional funds
Army Corps of Engineers................  Direction on fiscal year 2017
                                          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 allocating
                                          additional funding
Army Corps of Engineers/Investigations.  Report on Legacy Studies
Army Corps of Engineers/Investigations.  Briefing on flood control and
                                          wastewater treatment
                                          facilities
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/Mississippi      Guidance on allocating
 River and Tributaries.                   additional funding
Army Corps of Engineers/Mississippi      Direction on Mississippi River
 River and Tributaries.                   Commission costs
Army Corps of Engineers/Operation and    Report on Los Angeles County
 Maintenance.                             Drainage Area
Army Corps of Engineers/Operation and    Direction on Ririe Reservoir
 Maintenance.
Army Corps of Engineers/Operation and    Guidance on allocating
 Maintenance.                             additional funding
Army Corps of Engineers/Regulatory.....  Guidance on congressional
                                          interpretation of Clean Water
                                          Act
Army Corps of Engineers/Regulatory.....  Direction on implementation of
                                          a nationwide permit
Army Corps of Engineers/FUSRAP.........  Guidance on investigation and
                                          study at former Sylvania site
Army Corps of Engineers/Expenses.......  Direction on public-private
                                          parnerships
Army Corps of Engineers/General          Reprogramming requirements
 Provisions.
Army Corps of Engineers/General          Restriction on use of
 Provisions.                              continuing contracts
Army Corps of Engineers/General          Restriction on changing certain
 Provisions.                              Clean Water Act definitions
Army Corps of Engineers/General          Restriction on revising federal
 Provisions.                              jurisdiction under the Clean
                                          Water Act
Army Corps of Engineers/General          Restriction on requiring
 Provisions.                              permits for the discharge of
                                          dredged or fill material for
                                          certain agricultural
                                          activities
Bureau of Reclamation/Water and Related  Direction on Ririe Reservoir
 Resources.
Bureau of Reclamation/Water and Related  Direction on Mni Wiconi Project
 Resources.
Bureau of Reclamation/Water and Related  Guidance on allocating
 Resources.                               additional funding
Bureau of Reclamation/Policy and         Brief on status of analyses
 Administration.                          related to buried metallic
                                          water pipe
Bureau of Reclamation/General            Reprogramming requirements
 Provisions.
Department of Energy...................  Guidance on reprorgramming of
                                          funds
Department of Energy...................  Report on indirect laboratory
                                          costs
Department of Energy...................  Report on alleviation of
                                          poverty
Department of Energy...................  Direction on workplace
                                          diversity
Department of Energy...................  Guidance on Administration's
                                          Yucca Mountain policy
Department of Energy...................  Guidance on inclusion of
                                          centers in future budget
                                          justifications
Department of Energy...................  Direction on educational
                                          activities
Department of Energy/Energy Efficiency.  Direction on assistance to
                                          Puerto Rico
Department of Energy/Energy Efficiency.  Report on hydrogen
                                          infrastructure
Department of Energy/Energy Efficiency.  Direction on hydrokinetic power
                                          funding allocations
Department of Energy/Energy Efficiency.  Direction on additional CEMI
                                          Institutes
Department of Energy/Energy Efficiency.  Direction on building energy
                                          codes
Department of Energy/Energy Efficiency.  Direction on Weatherization
                                          Assistance Program
Department of Energy/Fossil............  Direction on coal research and
                                          development
Department of Energy/Fossil............  Direction on crude oil by rail
Department of Energy/Fossil............  Report on ethane storage
                                          feasibility
Department of Energy/Non-Defense         Direction on disposal of
 Cleanup.                                 contaminated above-grade
                                          structures
Department of Energy/UED&D.............;  Guidance on submission of
                                          legislative proposals
Department of Energy/Science...........  Report on Federal research
                                          public access policy
Department of Energy/Science...........  Report on fusion energy
                                          sciences
Department of Energy/Science...........  Report on ITER
Department of Energy/Science...........  Direction on Science
                                          Laboratories infrastructure
Department of Energy/Nuclear Waste       Direction on Yucca Mountain
 Disposal.                                licensing process
Department of Energy/Departmental Admin  Direction on renewable fuel
                                          standards
Department of Energy/Weapons...........  Guidance on outstanding
                                          recommendations for weapons
                                          surety
Department of Energy/Weapons...........  Guidance on definition of major
                                          items of equipment
Department of Energy/Weapons...........  Study on new radiographic
                                          capabilities
Department of Energy/Weapons...........  Direction on selected
                                          acquisiton reports
Department of Energy/Weapons...........  Report on expediting WEPAR
                                          project
Department of Energy/Weapons...........  Report on domestic uranium
                                          enrichment program
Department of Energy/Weapons...........  Direction on MSIPP funds
Department of Energy/Weapons...........  Direction on site-splits
                                          details for operating
                                          facilities
Department of Energy/Weapons...........  Direction on cost reporting for
                                          recapitilzation projects
Department of Energy/Weapons...........  Independent review of UPF
                                          project design
Department of Energy/Weapons...........  Direction on plutonium sub-
                                          projects
Department of Energy/Weapons...........  Direction on site-splits
                                          details for security
                                          operations
Department of Energy/Nonproliferation..  Guidance on new
                                          nonproliferation projects in
                                          Russia
Department of Energy/Nonproliferation..  Review of safety of MOX
                                          alternative
Department of Energy/Nonproliferation..  Roadmap of high performance
                                          research reactor R&D;
Department of Energy/Nonproliferation..  Prohibition on use of MOX funds
Department of Energy/Nonproliferation..  Guidance on use of prior-year
                                          balances
Department of Energy/Defense             Direction on cleanup project
 Environmental Cleanup.                   data sheets at Hanford
Department of Energy/Defense             Direction on WIPP activities
 Environmental Cleanup.
Department of Energy/Defense             Direction on use of prior-year
 Environmental Cleanup.                   balances
Department of Energy/Western Area Power  Briefing on increased staffing
 Administration.                          levels
Department of Energy/General Provision.  Reprogramming requirements
Department of Energy/General Provision.  Transfer authority
                                          specifications
Department of Energy/General Provision.  Prohibit funds for high hazard
                                          nuclear facilities
                                          construction unless cost
                                          estimates have been developed
Department of Energy/General Provision.  Prohibit funds approving CD-2
                                          and CD-3 without separate cost
                                          estimates
Department of Energy/General Provision.  Restriction of certain
                                          activities in the Russian
                                          Federation
Department of Energy/General Provision.  Restriction of Strategic
                                          Petroleum Reserve activities
                                          and notification requirements
Nuclear Regulatory Commission..........  Establishment of new control
                                          point
Nuclear Regulatory Commission..........  Requirement for joint
                                          management of salaries and
                                          expenses
Nuclear Regulatory Commission..........  Prohibition on terminating
                                          programs without Commissioner
                                          approval
Nuclear Regulatory Commission..........  Notification requirement for
                                          use of emergency functions
Nuclear Regulatory Commission..........  Direction on Yucca Mountain
                                          license application and
                                          funding needs
Nuclear Regulatory Commission..........  Direction on rulemaking process
                                          and activities
Nuclear Regulatory Commission..........  Direction on meeting subsequent
                                          license renewal applications
Nuclear Regulatory Commission..........  Report on comprehensive
                                          workforce review and strategic
                                          plan
Independent Agencies/General Provision.  Requirement for NRC to comply
                                          with Congressional requests
Independent Agencies/General Provision.  Reprogramming requirements for
                                          the NRC
General Provision......................  Prohibition of funds to
                                          influence congressional action
General Provision......................  Consolidation of transfer
                                          authorities
General Provision......................  Prohibition of funds in
                                          contravention of Executive
                                          Order 12898
General Provision......................  Prohibition of funds for
                                          computer networks that don't
                                          block pornography
General Provision......................  Prohibition of funds to close
                                          Yucca Mountain application
                                          process
General Provision......................  Prohibition of funds to further
                                          implement Executive Order
                                          13547
General Provision......................  Prohibition of funds to remove
                                          or close federally owned or
                                          operated dams
------------------------------------------------------------------------

                   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 23,000 civilians and almost 300 
military personnel located in eight Division offices and 38 
District offices work to carry out the Civil Works program.

         FISCAL YEAR 2017 BUDGET REQUEST OVERVIEW AND ANALYSIS

    The fiscal year 2017 budget request for the Civil Works 
program of the Corps of Engineers is $4,620,000,000, a decrease 
of $1,369,000,000 (-23%) from fiscal year 2016. Each of the 
four main project-based accounts would see a sharp decrease 
under the budget request. The Construction account would see 
the largest dollar reduction (-$772,250,000) and largest 
percentage reduction (-41%). The Investigations, Mississippi 
River and Tributaries, and Operation and Maintenance accounts 
are reduced by 30, 36, and 14 percent, respectively.
    Once again the Administration's claims to understand the 
importance of infrastructure ring hollow when it comes to water 
resource infrastructure investments. In fact, if enacted, the 
budget request would represent the lowest level of funding for 
the Civil Works program since fiscal year 2004. Under the 
budget request, funding for both navigation and flood and storm 
damage reduction--the Committee's two highest priorities for 
the Corps' Civil Works program--is decreased significantly (-26 
and -28 percent, respectively). Within the navigation mission 
area, the budget request proposes to reduce funding for 
activities eligible for reimbursement from the Harbor 
Maintenance Trust Fund by $312,000,000 (-25%) from fiscal year 
2016. Capital improvements funded in part from the Inland 
Waterways Trust Fund are reduced by $178,600,000 (-44%) from 
fiscal year 2016. Funding for flood and storm damage reduction 
activities at each stage of the process--studies, construction, 
and operation and maintenance--would be reduced below fiscal 
year 2016 if the budget request were enacted.
    Once again, however, the Committee rejects the low priority 
placed on infrastructure in the budget request. Instead, the 
Committee provides a total of $1,469,330,000 above the budget 
request, of which $1,326,049,000 is for additional investments 
in navigation and flood and storm damage reduction 
improvements.

                         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 2017 is estimated to be more 
than $9,000,000,000.
    The Water Resources Reform and Development Act (WRRDA) of 
2014 included target annual appropriations levels for use of 
HMTF receipts. The Committee remains committed to providing the 
maximum practicable amount of funding for HMTF-reimbursable 
activities consistent with annual allocations and after 
evaluating funding requirements for other priority activities 
within the Civil Works program.
    For fiscal year 2017, the Committee provides an estimated 
$1,263,000,000 for HMTF-related activities, the same as fiscal 
year 2016, $312,000,000 above the budget request, and 
$122,000,000 above the WRRDA target. This funding should allow 
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 236 lock chambers--also is essential to supporting the 
national economy. Freight transported on the inland waterways 
system includes a significant portion of the nation's grain 
exports, domestic petroleum and petroleum products, and coal 
used in electricity generation. Much of the physical 
infrastructure of the system is aging, however, and in need of 
improvements. For example, commercial navigation locks 
typically have a design life of 50 years, yet nearly 60 percent 
of these locks in the United States are more than 50 years old, 
with the average age at almost 60 years old.
    Capital improvements to the inland waterways system 
generally are funded 50 percent from the General Treasury and 
50 percent from the Inland Waterways Trust Fund (IWTF), while 
operation and maintenance costs are funded 100 percent from the 
General Treasury. The IWTF is supported by a tax on barge fuel.
    In recent years, the increasing rehabilitation and 
reconstruction needs and the escalating costs of those projects 
have far outstripped available revenues in the IWTF. Two 
statutory changes enacted in fiscal year 2015, however, will 
lead to the availability of additional revenues to stand as the 
required cost-share for some additional work on the inland 
waterways system. These changes were the reduction in the 
portion of the costs of the Olmsted Locks and Dam project that 
is to be derived from the IWTF to 15 percent and the increase 
in the fuel tax to $0.29 per gallon from $0.20 per gallon.
    The Corps is directed to take the preparatory steps 
necessary to ensure that new construction projects can be 
initiated as soon as can be supported under the larger capital 
program (i.e., as ongoing projects approach completion). For 
fiscal year 2017, 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, but will be at least $375,500,000. The 
Committee also allocates $48,000,000 above the budget request 
for additional operation and maintenance activities on the 
inland waterways. The Committee rejects the Administration's 
conceptual proposal to institute yet another fee on the inland 
waterways system and to require any operation and maintenance 
costs to be paid from the Inland Waterways Trust Fund.

                               DAM SAFETY

    It has long been the policy of both the Committee and the 
executive branch to give high priority to funding projects to 
address deficiencies at Dam Safety Action Classification (DSAC) 
I dams--those dams that pose the greatest risk to life and 
safety. The fiscal year 2017 budget has been described as 
continuing that policy. The Committee has learned, however, 
that the Administration made a change in how that policy is 
carried out, yet did not communicate that change to the public 
or to the Committee. The budget request includes funding for 
DSAC I dams at ``capability'' funding levels. In previous 
years, ``capability'' was understood to mean the amount of 
funding that could reasonably be obligated within the fiscal 
year. This year, however, the Administration has defined 
``capability'' as the amount of funding that could be expended 
within the fiscal year. Contracts that could be issued later in 
the fiscal year will be put off until the following fiscal 
year. By making this definitional change, the Administration is 
choosing to delay completion of important public safety 
improvements. The Committee strongly encourages the 
Administration to revert to the previous definition of 
capability funding in future budget requests. At a minimum, 
however, the Committee expects the Administration to clearly 
communicate what its budget requests do, and do not, represent.

                      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 2017.

                    FIVE YEAR COMPREHENSIVE PLANNING

    Historically, the Committee has encouraged the 
Administration to provide five-year investment plans for all 
the agencies within the Energy and Water Development 
jurisdiction, particularly the Corps. The five-year plan should 
be based on realistic assumptions of project funding needs. It 
is the Committee's expectation that once projects have been 
initiated, the Administration will request responsible annual 
funding levels for them through completion.
    The executive branch has traditionally been unwilling to 
project five-year horizons for projects it has not previously 
supported through the budget process. Comprehensive planning is 
important for understanding future requirements of projects 
that have been supported through the appropriations process, as 
well. While this unwillingness to have a dialogue regarding 
additional investment might be reasonable under circumstances 
where there is no likelihood of additional investment, the 
Congress consistently has supported additional investment in 
the nation's water resource infrastructure. The uncertainty 
caused by year-to-year federal planning leaves too many non-
federal sponsors unable to make informed decisions regarding 
local funding.
    It would be beneficial for the Congress, the 
Administration, and project partners to have a comprehensive 
plan to outline requirements for all projects that have 
received an appropriation to date or are proposed to begin 
receiving funding this year. The Committee continues to welcome 
a dialogue to reach a mutually-agreeable way to comprehensively 
plan for all initiated projects.
    The Committee notes that in fiscal year 2014 the Corps was 
directed to prepare a comprehensive estimate of the optimum 
timeline and funding requirements to complete each of the 
ongoing projects that received construction funding in any of 
fiscal years 2009, 2010, 2011, 2012, or 2013, but were not 
slated by the Administration for construction funding in the 
fiscal year 2014 budget request. This report was to have been 
submitted not later than 90 days after the enactment of the 
fiscal year 2014 Act. As of the writing of this report, the 
Committee still has not received this information.

                      FORMAT OF FUNDING PRIORITIES

    Traditionally, the President requested and the Congress 
appropriated funds for the Civil Works program on a project-
level basis. Taken together, however, these funding decisions 
indicated programmatic priorities and policy preferences. As 
with non-project-based programs, the Congress at times 
disagreed with the priorities stated in the President's budget 
request and made its priorities known in appropriations bills. 
Final federal government priorities were established in Acts 
passed by both chambers of the Congress and signed by the 
President.
    Since the 112th Congress, congressional earmarks, as 
defined in House Rule XXI, have been prohibited. That 
definition encompasses project-level funding not requested by 
the President. As a result, the Committee reviewed the 
historical format of appropriations for the Corps to see if 
there was a more transparent way to highlight programmatic 
priorities without abandoning congressional oversight 
responsibilities. The fiscal year 2012 Act included a 
modification to the format used in previous years, and that 
format is continued for fiscal year 2017. As in previous years, 
the Committee lists in report tables the studies, projects, and 
activities within each account requested by the President along 
with the Committee-recommended funding level. To advance its 
programmatic priorities, the Committee has included additional 
funding for certain categories of projects. Project-specific 
allocations within these categories will be determined by the 
Corps based on further direction provided in this report.

                           ADDITIONAL FUNDING

    The fiscal year 2017 budget request significantly 
underfunds the Civil Works program of the Corps of Engineers. 
The Committee, however, 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 Administration's 
request or was inadequately budgeted. The Corps again is 
directed to develop rating systems for use in evaluating 
studies and projects for allocation of the additional funding 
provided in this title. These evaluation systems may be, but 
are not required to be, individualized for each account, 
category, or subcategory. Each study and project eligible for 
funding shall be evaluated under the applicable ratings system. 
A study or project may not be excluded from evaluation for 
being ``inconsistent with Administration policy.'' The Corps 
retains complete control over the methodology of these ratings 
systems. The executive branch retains complete discretion over 
project-specific allocation decisions within the additional 
funds provided, subject to only the direction here and under 
the heading ``Additional Funding'' or ``Additional Funding for 
Ongoing Work'' within each of the Investigations, Construction, 
Mississippi River and Tributaries, and Operation and 
Maintenance accounts.
    The Administration is reminded that these funds are in 
addition to its budget request, and Administration budget 
metrics shall not be a reason to disqualify a study or project 
from being funded. 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 
for work in fiscal year 2017. With the significant backlog of 
work in the Corps' inventory, there is no reason for funds 
provided above the budget request to remain unallocated.
    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 2017; or 
(3) as appropriate, it is selected as one of the new starts 
allowed in accordance with this Act and the additional 
direction provided below. None of the additional funding in any 
account may be used for any item where funding was specifically 
denied or for projects in the Continuing Authorities Program. 
Funds shall be allocated consistent with statutory cost share 
requirements.
    Funding associated with each category may be allocated to 
any eligible study or project, as appropriate, within that 
category; funding associated with each subcategory may be 
allocated only to eligible studies or projects, as appropriate, 
within that subcategory. The list of subcategories is not meant 
to be exhaustive.
    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 
ratings system(s) developed and 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 2017 and the specific reasons each study or project was 
considered as being less competitive for an allocation of 
funds.
    New Starts.--The recommendation includes up to six new 
study starts and four new construction starts to be distributed 
across the three main mission areas of the Corps. Of the new 
study starts, two shall be for navigation studies, two shall be 
for flood and storm damage reduction studies, one shall be for 
an additional navigation or flood and storm damage reduction 
study, and one shall be for an environmental restoration study. 
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, and one shall be for an 
environmental restoration project. No funding shall be used to 
initiate new studies, 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. 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 2017, 
or by the earlier date as specified, 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. Consideration of studies and projects for 
selection as new starts shall not be limited to only those 
proposed in the Administration's budget request. 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.
    The Committee is disappointed that the Administration 
continues to obfuscate its policies and guidelines regarding 
which studies and projects require new start designations. 
Therefore, the Committee must address several recurring 
categories. The Committee reiterates previous congressional 
direction that neither study nor construction activities 
related to individual projects authorized under section 1037 of 
WRRDA 2014 shall require a new start or new investment 
decision; these activities shall be considered ongoing work. No 
new start or new investment decision shall be required when 
moving from feasibility to preconstruction engineering and 
design (PED). A new start designation shall be required to 
initiate construction of individually-authorized projects 
funded within programmatic line items. No new start or new 
investment decision shall be required to initiate work on a 
separable element of a project when construction of one or more 
separable elements of that project was initiated previously; it 
shall be considered ongoing work.
    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 Committee reminds the Corps 
that the flood and storm damage reduction mission area can 
include instances where non-federal sponsors are seeking 
assistance with flood control and unauthorized discharges from 
permitted wastewater treatment facilities.
    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, 2017, 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 threat of Asian Carp to the Great Lakes remains a 
concern for the Committee as this species has the potential to 
do irreparable harm to both an important source of freshwater, 
the Great Lakes, while also harming the economies of nearby 
communities by driving away the tourism, recreation, and 
fishing industries. The Corps continues to play a critical role 
in preventing, controlling, and managing the threat of Asian 
carp. The Committee expects the Corps to expedite authorized 
actions related to Asian Carp, in particular the Great Lakes 
and Mississippi River Interbasin Study (GLMRIS) Brandon Road 
study. Further, the Corps is directed to notify the Committee 
of any changes to the planned work related to Asian Carp as 
well as any changes to the findings regarding the migration of 
the fish toward the Great Lakes.

               CONGRESSIONAL DIRECTION AND REPROGRAMMING

    To ensure that the expenditure of funds in fiscal year 2017 
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 $6,089,330,000 for the Corps, 
$100,330,000 above fiscal year 2016 and $1,469,330,000 above 
the budget request.
    A table summarizing the fiscal year 2016 enacted 
appropriation, the fiscal year 2017 budget request, and the 
Committee-recommended levels is provided below:

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                                                                       FY 2016        FY 2017
                              Account                                 enacted         request       Cmte. rec.
----------------------------------------------------------------------------------------------------------------
Investigations..................................................        $121,000         $85,000        $120,000
Construction....................................................       1,862,250       1,090,000       1,945,580
Mississippi River and tributaries...............................         345,000         222,000         345,000
Operation and maintenance.......................................       3,137,000       2,705,000       3,157,000
Regulatory program..............................................         200,000         200,000         200,000
FUSRAP..........................................................         112,000         103,000         103,000
Flood control and coastal emergencies...........................          28,000          30,000          34,000
Expenses........................................................         179,000         180,000         180,000
Office of the Assistant Secretary of the Army for Civil Works...           4,750           5,000           4,750
                                                                 -----------------------------------------------
        TOTAL, Corps of Engineers--Civil........................       5,989,000       4,620,000       6,089,330
----------------------------------------------------------------------------------------------------------------

                             INVESTIGATIONS

 
 
 
Appropriation, 2016...................................      $121,000,000
Budget estimate, 2017.................................        85,000,000
Recommended, 2017.....................................       120,000,000
Comparison:
    Appropriation, 2016...............................        -1,000,000
    Budget estimate, 2017.............................       +35,000,000
 

    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:


    San Francisquito Creek, California.--The Committee is aware 
of repeated delays with the San Francisquito Creek flood 
control feasibility study, eighteen years after a significant 
flood event. The Committee encourages the Corps to continue 
working with the non-federal sponsor to proceed to a chief's 
report as expeditiously as possible. The Committee also 
encourages natural resources agencies to be engaged early in 
the study process to avoid permitting delays.
    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, 
study, for which the Corps executed a feasibility cost sharing 
agreement in 2004.
    Additional Funding.--The Committee expects the additional 
funding provided in this account to be allocated primarily to 
specific feasibility and PED phases, rather than to Remaining 
Items line items as has been the case in the past few work 
plans. The activities funded under Remaining Items address core 
agency competencies, which means the budget request should 
reflect sufficient funding. 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; or are for projects to 
address legal requirements. While the additional funding is 
shown in the feasibility column, the Corps shall use these 
funds for additional work in both the feasibility and PED 
phases. The recommendation includes sufficient additional 
funding to undertake a significant amount of feasibility and 
PED work. The Administration is reminded that a project study 
is not complete until the PED phase is complete.
    Research and Development, Partnerships.--The Corps is an 
instrumental partner in controlling invasive aquatic species in 
our nation's waterways, including the Columbia River Basin with 
twelve listed salmon and steelhead species and more than 
$3,000,000,000 of goods transported for delivery around the 
world. The Committee recognizes the economic and environmental 
benefits of the Columbia River Basin and urges the Corps to 
utilize local and regional research partners, as appropriate, 
to address this serious issue.
    Water Resources Priorities Study.--No funding shall be used 
for this study.
    National Flood Risk Management Program.--The recommendation 
includes funding above the budget request for additional work 
within the Silver Jackets program.
    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.
    Legacy Studies.--The Committee is encouraged by the Corps' 
work on multiple studies, termed Legacy Studies, which were 
rightly not required to transition to the new SMART planning 
process. The Corps shall report to the Committees on 
Appropriations of both Houses of Congress not later than 60 
days after the enactment of this Act with an update on all 
Legacy Studies and the current schedule to bring them to 
completion.
    Flood Control and Wastewater Treatment Facilities.--The 
Corps shall be prepared to brief the Committees on 
Appropriations of both Houses of Congress not later than 120 
days after the enactment of this Act regarding activities to 
address concerns about flooding and wastewater treatment 
facilities. Specifically, the briefing shall include: 1) a list 
of all municipal entities that have sought assistance from the 
Corps since December 2000, and to include an application 
through the annual report process established under section 
7001 of WRRDA 2014, regarding flood control issues and 
simultaneous discharges that are not authorized by the 
discharge permits under which the facilities operate; and 2) a 
discussion of Corps authorities, funding sources, and technical 
assistance programs available to help address each such 
situation.

                              CONSTRUCTION

 
 
 
Appropriation, 2016...................................    $1,862,250,000
Budget estimate, 2017.................................     1,090,000,000
Recommended, 2017.....................................     1,945,580,000
Comparison:
    Appropriation, 2016...............................       +83,330,000
    Budget estimate, 2017.............................      +855,580,000
 

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


    Success Dam, California.--In fiscal year 2016, the 
Committee raised the importance of the Corps moving 
expeditiously on a project to increase the reservoir capacity, 
primarily for flood control but also for irrigation water 
storage, given this project had been on hold for more than a 
decade as seismic and seepage concerns were addressed. The non-
federal sponsors of this project continue to remain very 
supportive of implementing this project. The Committee notes 
that in 2016 and 2017, this project will undergo several 
important reviews by the Senior Oversight Group in the Corps in 
order to move ahead. The Committee commends the Corps for its 
work on enlarging the reservoir this past year and continues to 
urge the Corps to move ahead expeditiously to update and 
finalize all documents related to this project so the reservoir 
capacity enlargement can finally be completed.
    Herbert Hoover Dike, Florida.--The Herbert Hoover Dike, 
which surrounds Lake Okeechobee, reduces impacts from flooding 
as a result of high lake levels for a large area of south 
Florida. Since 2007, the Corps has made an investment of over 
$500,000,000 to reduce the risk of catastrophic failure of the 
aging structure. Recent historic rainfall, however, has put 
additional pressure on the dike, and the Corps has been forced 
to release water to the east and west of the lake to avoid 
catastrophic results. The Committee recognizes such water 
releases have had both ecological and economic effects, further 
demonstrating the need for the Dike's repair. The Committee 
encourages the Corps to continue appropriate work to improve 
the stability of the Dike.
    South Florida Ecosystem Restoration, Florida.--The 
Committee is encouraged that the Corps has placed a high 
priority on the Big Cypress/L-28 Modifications Project by 
placing it on the Integrated Delivery Schedule with a 2016 
start date for SMART planning. The Committee urges the Corps to 
continue to move forward on the planning of this important 
project according to the Integrated Delivery Schedule time 
lines and to continue consultation with stakeholders, including 
the Miccosukee Tribe of Indians of Florida, throughout the 
planning for this project.
    McCook and Thornton Reservoirs, Illinois.--The Committee is 
disappointed by the Administration's inexplicable decision to 
end funding for McCook Reservoir. The project clearly is a 
flood risk management project, as stated in its 1988 
authorization and confirmed by previous Administration 
statements and budget requests. By failing to continue to 
budget for the project, the Administration is ignoring both 
congressional intent and its own past support for the project. 
Given the project is 75 percent complete and both Phase 1 and 
Phase 2 have been budgeted and funded in the past, the 
Committee is at a loss to understand why the Administration 
chose not to support the project to its completion.
    Additional Funding.--The recommendation 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 $12,450,000 to projects with riverfront 
development components. Of the additional funding provided in 
this account for flood and storm damage reduction and flood 
control, the Corps shall allocate not less than $18,000,000 to 
additional nonstructural flood control projects. Of the 
additional funds provided in this account for flood and storm 
damage reduction, navigation, and other authorized project 
purposes, the Corps shall allocate not less than $5,000,000 to 
authorized reimbursements for projects with executed project 
cooperation agreements and that have completed construction or 
where non-federal sponsors intend to use the funds for 
additional water resources development activities. Of the 
additional funding provided in this account for flood and storm 
damage reduction and flood control, the Corps shall allocate 
not less than $10,000,000 to continue construction of projects 
that include improvements to rainfall drainage systems that 
address flood damages.
    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:
          1. the benefits of the funded work to the national 
        economy;
          2. extent to which the work will enhance national, 
        regional, or local economic development;
          3. number of jobs created directly by the funded 
        activity;
          4. 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;
          5. ability to complete the project, separable 
        element, or project phase with the funds allocated;
          6. for flood and storm damage reduction projects 
        (including authorized nonstructural measures and 
        periodic beach renourishments),
                  a. population, economic activity, or public 
                infrastructure at risk, as appropriate; and
                  b. the severity of risk of flooding or the 
                frequency with which an area has experienced 
                flooding;
          7. 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;
          8.  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;
          9. for other authorized project purposes and 
        environmental restoration or compliance projects, to 
        include the beneficial use of dredged material; and
          10. for environmental infrastructure, projects with 
        the greater economic impact, projects in rural 
        communities, projects in counties or parishes with high 
        poverty rates, and projects in financially distressed 
        municipalities.
    The recommendation provides funds making use of all 
estimated annual revenues in the IWTF. The Corps shall allocate 
all funds provided in the IWTF Revenues line item along with 
the statutory cost share from funds provided in the Navigation 
line item prior to allocating the remainder of funds in the 
Navigation line item. Although the report prepared pursuant to 
section 2002(d) of the Water Resources Reform and Development 
Act (WRRDA) of 2014 recently was submitted to the Congress, the 
Committee has not had sufficient time to date to review it. 
Therefore, when allocating the additional funding provided for 
projects cost shared with the IWTF, the Corps shall continue to 
use, as appropriate, the Inland Marine Transportation System 
(IMTS) Capital Projects Business Model, Final Report published 
on April 13, 2010, as the applicable 20-year plan.
    Aquatic Plant Control Program.--Funding is provided for 
watercraft inspection stations and related monitoring, as 
authorized by section 1039 of WRRDA 2014.
    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 $36,000,000, an increase of $32,500,000 above the budget 
request, which proposed funding for only four sections. This 
program provides a useful tool for the Corps to undertake small 
localized projects without the lengthy study and authorization 
process typical of most larger Corps projects. The management 
of the Continuing Authorities Program should continue 
consistent with direction provided in previous fiscal years.

                   MISSISSIPPI RIVER AND TRIBUTARIES

 
 
 
Appropriation, 2016...................................      $345,000,000
Budget estimate, 2017.................................       222,000,000
Recommended, 2017.....................................       345,000,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................      +123,000,000
 

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


    Lower Mississippi River Main Stem.--The budget request 
proposes to consolidate several activities across multiple 
states into one line item. The Committee does not support this 
change and instead continues to fund these activities as 
separate line items.
    Additional Funding for Ongoing Work.--When allocating the 
additional funding provided in this account, the Corps shall 
consider giving priority to completing or accelerating ongoing 
work that will enhance the nation's economic development, job 
growth, and international competitiveness, or are for studies 
or projects located in areas that have suffered recent natural 
disasters. While this funding is shown under remaining items, 
the Corps shall use these funds in investigations, 
construction, and operation and maintenance, as applicable.
    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 of Floodways.--The Mississippi River and 
Tributaries System, protecting the 36,000 square-mile Lower 
Mississippi River Valley, is designed to be operated as an 
integrated system. The Corps must operate all features, 
including floodways, in accordance with statutory 
authorizations, approved Water Control Plans, and implementing 
project Operations Plans. Additionally, for flood events in 
which floodways must be operated, the Secretary is strongly 
encouraged to identify and utilize all authorities and funding 
sources available to restore the floodway features to pre-event 
conditions and authorized configurations as quickly as 
possible.

                       OPERATION AND MAINTENANCE

 
 
 
Appropriation, 2016...................................    $3,137,000,000
Budget estimate, 2017.................................     2,705,000,000
Recommended, 2017.....................................     3,157,000,000
Comparison:
    Appropriation, 2016...............................       +20,000,000
    Budget estimate, 2017.............................      +452,000,000
 

    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:


    The Dalles Lock and Dam, Washington and Oregon.--The 
Committee is aware of a Corps legal analysis that finds that a 
new tribal village can be constructed pursuant to section 204 
of the Flood Control Act of 1950, authorizing construction of 
The Dalles Dam, because this authority has not yet been used to 
construct a new tribal village. The Corps is encouraged to 
continue efforts for the construction of a new tribal village 
at The Dalles Dam in consultation with affected Columbia River 
Tribes and the Bureau of Indian Affairs.
    Los Angeles County Drainage Area, California.--The Corps 
shall provide to the Committees on Appropriations of both 
Houses of Congress not later than 120 days after the enactment 
of this Act a report detailing the outstanding maintenance and 
repair needs within the Corps-maintained portion of the LACDA 
system. The report shall also include identification of 
opportunities for local agency maintenance of the Corps-
maintained portion of the LACDA system that could more 
effectively utilize budgeted funds in a manner that reduces 
flood risk and increases stormwater capture, which would 
provide a more sustainable local source of water.
    Ririe Reservoir, Idaho.--The Committee appreciates the 
cooperation to date of the Corps and the Bureau of Reclamation 
to allow limited increases in the amount of water carried over 
through the winter flood season without increasing flood risk. 
With the West recently experiencing significant drought, it is 
important to identify ways to carry over and store as much 
water as possible to meet dry year challenges. Water users are 
interested in holding additional winter water storage during 
dry years or until sufficient snow in the watershed has 
accumulated to protect the storage water supplies, but the 
potential paths forward are not clear. The Corps and 
Reclamation are directed to work together with the water users 
on assessing any funding requirements, process challenges to be 
addressed, an approximate schedule through implementation, any 
policy or statutory changes necessary, and to develop any other 
relevant information the water users would need to make an 
informed decision on whether and how they might wish to 
proceed.
    Additional Funding for Ongoing Work.--When allocating the 
additional funding provided in this account, the Corps shall 
consider giving priority to the following:
          1. ability to complete ongoing work maintaining 
        authorized depths and widths of harbors and shipping 
        channels, including where contaminated sediments are 
        present;
          2. ability to address critical maintenance backlog;
          3. presence of the U.S. Coast Guard;
          4. extent to which the work will enhance national, 
        regional, or local economic development, including 
        domestic manufacturing capacity;
          5. extent to which the work will promote job growth 
        or international competitiveness;
          6. number of jobs created directly by the funded 
        activity;
          7. ability to obligate the funds allocated within the 
        fiscal year;
          8. ability to complete the project, separable 
        element, project phase, or useful increment of work 
        within the funds allocated;
          9. the risk of imminent failure or closure of the 
        facility; and
          10. for harbor maintenance activities,
                  a. total tonnage handled;
                  b. total exports;
                  c. total imports;
                  d. dollar value of cargo handled;
                  e. energy infrastructure and national 
                security needs served;
                  f. designation as strategic seaports;
                  g. lack of alternative means of freight 
                movement; and
                  h. savings over alternative means of freight 
                movement.
    Additional funding provided for donor ports and energy 
transfer ports shall be allocated in accordance with section 
2106 of the WRRDA. Of the funds made available for donor ports, 
50 percent of such funds shall be allocated equally among 
eligible donor ports and 50 percent shall be allocated based on 
each eligible donor port's percentage of the total Harbor 
Maintenance Tax revenues generated at such ports.
    Small, Remote, or Subsistence Navigation.--Concerns persist 
that the Administration's criteria for navigation maintenance 
do not allow small, remote, or subsistence harbors and 
waterways to properly compete for scarce navigation maintenance 
funds. The Committee notes that the budget request for this 
category of projects has increased over the past few years and 
urges the Corps to continue this effort to provide a reasonable 
and equitable allocation under this account.
    Facility Protection.--Given increased concerns related to 
the threat posed by cyber attacks, the Corps shall be prepared 
to brief the Committees on Appropriations of both Houses of 
Congress not later than 120 days after the enactment of this 
Act regarding actions that have been taken and are planned by 
the Corps to deploy and maintain cyber security solutions 
capable of continuously monitoring, detecting, and mitigating 
cyber attacks directed against industrial control systems and 
command and control systems at Corps facilities.
    Monitoring of Completed Navigation Projects.--Funding in 
addition to the budget request is included to continue 
collaborative research with state agencies to evaluate the 
impact of reduced lock operations on endangered, threatened, 
and game fish species in inland waterways and effective 
mitigation methods to ensure the viability of impacted fishes. 
Additional funding is also provided to support the structural 
health monitoring program to facilitate research to maximize 
operations, enhance efficiency, and protect asset life through 
catastrophic failure mitigation.
    Water Operations Technical Support (WOTS).--Funding in 
addition to the budget request is included to continue research 
into atmospheric rivers first funded in fiscal year 2015.
    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.
    Gulf Intracoastal Waterway (GIWW) Assessment.--Section 2008 
of WRRDA 2014 directed the Secretary to conduct an assessment 
of the operation and maintenance needs of the GIWW. The Corps 
is encouraged to include funding to conduct this assessment in 
future budget requests.
    Pipelines.--The Committee is concerned that there is a lack 
of information regarding existing oil, chemical, and gas 
pipelines beneath authorized navigation channels. In order to 
improve executing the nation's maintenance responsibilities, 
the Committee encourages the Corps to work with partner 
agencies to examine ways to collect information on active and 
retired pipelines.
    Shoreline Management Policy.--The Committee is aware of 
concerns regarding the new shoreline management policy for 
Corps reservoirs within the South Atlantic Division. The Corps 
is encouraged to continue working with affected local 
communities and stakeholders to address these concerns, 
including the use of non-potable water from reservoirs.

                           REGULATORY PROGRAM

 
 
 
Appropriation, 2016...................................      $200,000,000
Budget estimate, 2017.................................       200,000,000
Recommended, 2017.....................................       200,000,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................             - - -
 

    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.
    The Committee understands that the Corps is imposing 
requirements on applicants for permits issued under section 404 
of the Clean Water Act that are not mandated by established 
regulatory policy or guidance. Specifically, the Committee is 
concerned about reports that the Corps has not adhered to 
established deadlines throughout the permitting process and 
that the Corps has asked applicants to produce information and 
deliver products that are not the responsibility of the 
applicant. These practices are burdensome to applicants, add 
uncertainty to the permitting process, and often result in 
substantial loss of time, jobs, and capital. The Committee 
encourages the Corps to adhere to established regulatory 
policies and guidance with respect to permits issued under 
section 404 of the Clean Water Act and to refrain from imposing 
additional requirements on permit applicants.
    In fiscal year 2014 and again in fiscal years 2015 and 
2016, the Committee raised a concern with the Corps' changed 
interpretation of Clean Water Act requirements related to the 
identification of a specified end-user. Congress rejected the 
new interpretation. Unfortunately, the Committee continues to 
hear concerns on this issue. The Committee again directs the 
Corps to ensure that all field offices adhere in all instances 
to the interpretations directed by the Congress. The previous 
direction is repeated here for emphasis and clarity.
    The Committee is aware of at least two recent instances in 
which local economic development organizations have applied for 
permits to prepare sites to attract new economic activity but 
the Corps has denied or otherwise frustrated those efforts. 
Although the local organizations have established precedent by 
providing several examples of where similar applications were 
approved, the Corps now claims its regulations require the 
identification of a specified end-user of a proposed 
development so it can review final design plans and other exact 
specifications of the proposed development in order to issue a 
permit. The Committee strongly rejects this new interpretation 
of Clean Water Act requirements. The Corps is not a local land-
use planning agency, and the Clean Water Act provides neither 
the directive nor the authority for the Corps to assume such 
responsibilities. The Committee encourages the Corps to work 
with these permit applicants, and any others with similar 
applications, to reach a better balance between allowing 
desperately needed economic development while still 
safeguarding important environmental resources.
    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.
    Shellfish Aquaculture Activities.--The Committee is 
concerned that, for the past decade, the Seattle District's 
implementation of Nationwide Permit (NWP) 48 has been 
ineffective. The shellfish industry is a critical economic 
driver in Washington State, and the Seattle District has an 
obligation to issue permits in a timely and transparent manner. 
Currently, a consultation under section 7 of the Endangered 
Species Act is underway between the Corps and relevant resource 
agencies; this programmatic consultation is intended to cover 
the majority of shellfish activities for a period of up to 20 
years. The Committee expects the Corps to process all pending 
requests for verification under NWP 48 as soon as possible 
following resolution of the consultation process. The Corps is 
directed to notify the Committees on Appropriations of both 
Houses of Congress once the current consultation concludes and 
to provide thereafter monthly updates on the status of 
processing pending permits. Additionally, the Corps is directed 
to develop a communication protocol that clearly outlines how 
permittees will be consulted during development of the Corps' 
programming permitting requirements for Washington State.
    Programmatic Consultations.--The Committee strongly 
supports efforts to reduce the amount of time it takes to 
process permit applications. Programmatic consultations, 
sometimes called Standard Local Operating Procedures for 
Endangered Species, can be particularly helpful, especially in 
regions like the Seattle District. The Committee encourages the 
Corps to continue exploring additional ways to improve the 
efficiency of the permit review process.
    Export Terminals.--The Committee encourages the Corps to 
complete environmental review for export terminal projects as 
expeditiously as possible, in a transparent manner, and in a 
reasonable timeframe. In addition, the Committee directs the 
Corps to thoroughly consult with the Secretary of the Interior, 
and all affected tribal nations regarding the environmental and 
economic impacts as well as treaty rights of all Tribes 
affected by export terminal projects undergoing environmental 
review.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

 
 
 
Appropriation, 2016...................................      $112,000,000
Budget estimate, 2017.................................       103,000,000
Recommended, 2017.....................................       103,000,000
Comparison:
    Appropriation, 2016...............................        -9,000,000
    Budget estimate, 2017.............................             - - -
 

    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, 2016...................................       $28,000,000
Budget estimate, 2017.................................        30,000,000
Recommended, 2017.....................................        34,000,000
Comparison:
    Appropriation, 2016...............................        +6,000,000
    Budget estimate, 2017.............................        +4,000,000
 

    This appropriation funds planning, training, and other 
measures that ensure the readiness of the Corps to respond to 
floods, hurricanes, and other natural disasters, and to support 
emergency operations in response to such natural disasters, 
including advance measures, flood fighting, emergency 
operations, the provision of potable water on an emergency 
basis, and the repair of certain flood and storm damage 
reduction projects.
    Accurate information can reduce the time necessary to 
respond to storm damages in regions subject to significant 
erosion. The Committee understands that it is Corps practice to 
maintain multiple options from which to draw borrow for 
periodic renourishment of shore protection projects. The 
Committee supports this practice and encourages the Corps to 
continue exploring ways to reduce response times, as 
appropriate.

                                EXPENSES

 
 
 
Appropriation, 2016...................................      $179,000,000
Budget estimate, 2017.................................       180,000,000
Recommended, 2017.....................................       180,000,000
Comparison:
    Appropriation, 2016...............................        +1,000,000
    Budget estimate, 2017.............................             - - -
 

    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.
    Public-Private Partnerships.--As discussed in fiscal year 
2016, there is strong support among many Members of the 
Congress and within the senior leadership of the Corps for 
public-private partnerships (P3). These arrangements have the 
potential to be project delivery tools to help sustain the 
performance of existing infrastructure and construct new 
infrastructure more quickly. Unfortunately, the Committee is 
concerned that the Administration's actions to date will serve 
to undermine, rather than promote, the use of P3s. For 
instance, the Administration selected a P3 project as one of 
its fiscal year 2016 new starts, yet did not include funding 
for this project in its fiscal year 2017 budget request, 
claiming the project did not meet budget criteria. Without a 
clear signal from the federal government that it will honor its 
commitments under a P3 arrangement, it is unlikely that 
communities or private investors will put their resources at 
risk with a P3 arrangement.
    More broadly, the Committee is concerned that the Corps is 
attempting to develop individual, project-specific P3 
arrangements, rather than developing the policy by which such 
arrangements, developed by project stakeholders and private 
investors, will be evaluated. The Committee believes that this 
program will generate stronger interest and allow all 
interested non-federal sponsors equal opportunity to develop P3 
proposals for the Corps to review under established guidelines. 
An established policy would also ensure that selected projects 
will meet budget criteria.
    It was for these reasons that the Congress, in fiscal year 
2016, directed the Corps to develop 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. The Committee is unaware of any work the Corps has done 
to comply with this direction. Therefore, due to the concerns 
detailed above and until such time as a comprehensive policy is 
established and provided to the Committees on Appropriations of 
both Houses of Congress, the Corps shall discontinue all work 
on project-specific public-private partnerships beyond the P3 
project selected as a new start in fiscal year 2016.
    WRRDA Section 4001.--Congress has made clear its intent 
that the Susquehanna, Delaware, and Potomac River Basin 
Commissions be supported, and the Committee urges the 
Administration to follow through on the direction provided in 
section 4001 of WRRDA 2014 to budget accordingly.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

 
 
 
Appropriation, 2016...................................        $4,750,000
Budget estimate, 2017.................................         5,000,000
Recommended, 2017.....................................         4,750,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................          -250,000
 

    The Assistant Secretary of the Army for Civil Works 
oversees the Civil Works budget and policy, whereas the Corps' 
executive direction and management of the Civil Works program 
are funded from the Expenses account.
    The recommendation includes legislative language 
restricting the availability of 75 percent of the funding 
provided in this account until such time as at least 95 percent 
of the additional funding provided in each account has been 
allocated to specific programs, projects, or activities. This 
restriction shall not affect the roles and responsibilities 
established in previous fiscal years of the Office of the 
Assistant Secretary of the Army for Civil Works, the Corps 
headquarters, the Corps field operating agencies, or any other 
executive branch agency.
    The Committee counts on a timely and accessible executive 
branch in the course of fulfilling its constitutional role in 
the appropriations process. The requesting and receiving of 
basic, factual information 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 do more 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 regarding a water supply 
storage contract.
    The bill makes permanent a provision prohibiting funds from 
being used to develop or implement changes to certain 
definitions for the purposes of the Clean Water Act.
    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 prohibiting funds from being 
used to implement revised guidance on determining jurisdiction 
under the Clean Water Act.
    The bill contains a provision allowing the possession of 
firearms at water resources development projects under certain 
circumstances.

                  TITLE II--DEPARTMENT OF THE INTERIOR


                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

 
 
 
Appropriation, 2016...................................       $10,000,000
Budget estimate, 2017.................................         5,600,000
Recommended, 2017.....................................        11,000,000
Comparison:
    Appropriation, 2016...............................        +1,000,000
    Budget estimate, 2017.............................        +5,400,000
 

    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 is disappointed that the Department's fiscal 
year 2017 CUPCA program request has once again reduced 
construction funding for the Utah Lake System pipeline project. 
The Committee remains committed to completing the Central Utah 
Project, which would enable initiation of repayment to the 
federal treasury.
    The Committee recommendation includes a total of 
$11,000,000 for the Central Utah Project Completion Account, 
which includes $8,350,000 for Central Utah Project 
construction, $1,300,000 for transfer to the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah 
Reclamation Mitigation and Conservation Commission, and 
$1,350,000 for necessary expenses of the Secretary of the 
Interior.

                         Bureau of Reclamation


                              INTRODUCTION

    The mission of the Bureau of Reclamation (Reclamation) is 
to manage, develop, and protect water and related resources in 
an environmentally and economically sound manner in the 
interest of the American public. Since its establishment by the 
Reclamation Act of 1902, 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 337 reservoirs with the 
capacity to store 245 million acre-feet of water.
    As Reclamation's large impoundments and appurtenant 
facilities reach their design life, the projected cost of 
operating, maintaining, and rehabilitating Reclamation 
infrastructure continues to grow, yet Reclamation has not 
budgeted funding sufficient to implement a comprehensive 
program to reduce its maintenance backlog. At the same time, 
Reclamation is increasingly relied upon to provide water supply 
to federally-recognized Indian Tribes through water 
settlements, rural communities through its Title I Rural Water 
Program, and municipalities through its Title XVI Water 
Reclamation and Reuse Program. Balancing these competing 
priorities will be challenging and requires active 
participation and leadership on the part of Reclamation and its 
technical staff.

      FISCAL YEAR 2017 BUDGET REQUEST AND COMMITTEE RECOMMENDATION

    The fiscal year 2017 budget request for the Bureau of 
Reclamation totals $1,106,159,000. The Committee recommendation 
totals $1,133,578,000, $131,422,000 below fiscal year 2016 and 
$27,419,000 above the budget request.
    A table summarizing the fiscal year 2016 enacted 
appropriation, the fiscal year 2017 budget request, and the 
Committee recommendation is provided below:

                         (Dollars in thousands)
------------------------------------------------------------------------
                                     FY 2016      FY 2017
             Account                 enacted      request     Cmte rec.
------------------------------------------------------------------------
Water and Related Resources......   $1,118,972     $813,402     $982,972
Central Valley Project                  49,528       55,606       55,606
 Restoration Fund................
California Bay-Delta Restoration.       37,000       36,000       36,000
Policy and Administration........       59,500       59,000       59,000
Indian Water Rights Settlements..        - - -      106,151        - - -
San Joaquin River Restoration            - - -       36,000        - - -
 Fund............................
                                  --------------------------------------
    Total, Bureau of Reclamation.    1,265,000    1,106,159    1,133,578
------------------------------------------------------------------------

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
Appropriation, 2016...................................    $1,118,972,000
Budget estimate, 2017.................................       813,402,000
Recommended, 2017.....................................       982,972,000
Comparison:
    Appropriation, 2016...............................      -136,000,000
    Budget estimate, 2017.............................      +169,570,000
 

    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 Committee recommendation includes in this account 
certain Indian Water Rights Settlements proposed for funding 
under a separate account in the President's budget request. No 
funding is included for the San Joaquin River Restoration Fund, 
which the President's request also proposed as a new separate 
account. Adjusted for this change in account structure, the 
recommendation is $27,419,000 above the budget request.
    The budget request for this account and the approved 
Committee allowance are shown on the following table:


    San Joaquin River Restoration Fund.--The budget request 
again proposes an account separate from the Water and Related 
Resources account for discretionary funding of San Joaquin 
River Restoration activities. As in past years, the Committee 
includes this line item within the Water and Related Resources 
account, although no funding is provided.
    Indian Water Rights Settlements.--The budget request again 
proposes a new appropriations account for certain Indian water 
rights settlements. As in prior fiscal years, however, the 
Committee includes funding for these settlements in the Water 
and Related Resources account.
    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.
    Ririe Reservoir, Idaho.--The Committee appreciates the 
cooperation to date of the Corps and the Bureau of Reclamation 
to allow limited increases in the amount of water carried over 
through the winter flood season without increasing flood risk. 
With the West recently experiencing significant drought, it is 
important to identify ways to carry over and store as much 
water as possible to meet dry year challenges. Water users are 
interested in holding additional winter water storage during 
dry years or until sufficient snow in the watershed has 
accumulated to protect the storage water supplies, but the 
potential paths forward are not clear. The Corps and 
Reclamation are directed to work together with the water users 
on assessing any funding requirements, process challenges to be 
addressed, an approximate schedule through implementation, any 
policy or statutory changes necessary, and to develop any other 
relevant information the water users would need to make an 
informed decision on whether and how they might wish to 
proceed.
    Tualatin Project, Scoggins Dam, Oregon.--The Committee 
supports the budget request of $2,000,000 for Safety of Dams 
preconstruction activities at Scoggins Dam. Consistent with 
existing authorities, the Committee encourages Reclamation to 
evaluate alternatives, including new or supplementary works, to 
address dam safety modifications and additional benefits. 
Considering the high risk associated with Scoggins Dam, the 
Committee urges Reclamation to maintain its schedule to begin 
drafting the Modification Report for authorization to construct 
the recommended dam safety modifications in fiscal year 2017. 
The Committee has been told that a replacement structure 
downstream could significantly reduce project costs for both 
the federal government and local stakeholders.
    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.
    WaterSMART Program.--The Committee continues to focus on 
efforts to combat the drought situation in the Western U.S. and 
recognizes the important role the Commercial, Industrial and 
Institutional (CII) business sectors can have in water 
efficiency and conservation efforts. The Committee encourages 
the Bureau of Reclamation to continue prioritization of 
programs, including CII sector programs, that are the most cost 
effective in addressing water conservation needs.
    WaterSMART Program, Title XVI Water Reclamation/Reuse 
Projects.--The Committee has heard from numerous stakeholders 
who believe the program's effectiveness could be enhanced 
through expanding the pool of projects eligible to compete for 
funding for planning, design, or construction activities. The 
Committee encourages Reclamation to develop and propose to the 
authorizing committees of both Houses of Congress 
recommendations for improvements, which may include 
programmatic changes and project-specific authorizations.
    Additional Funding for Water and Related Resources Work.--
The recommendation includes funds in addition to the budget 
request for Water and Related Resources studies, projects, and 
activities. Priority in allocating these funds should be given 
to advance and complete ongoing work, including preconstruction 
activities and where environmental compliance has been 
completed; improve water supply reliability; improve water 
deliveries; enhance national, regional, or local economic 
development; promote job growth; advance tribal and nontribal 
water settlement studies and activities; or address critical 
backlog maintenance and rehabilitation activities. 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.
    Aquifer Recharge.--The Committee is aware that many states 
are exploring new methods of recharging aquifers for increased 
water storage and drought mitigation. The Committee expects the 
Bureau of Reclamation to work closely with project 
beneficiaries to identify and resolve any barriers to aquifer 
recharge projects when appropriate.
    Sierra Nevada Forest Watershed.--The Committee is aware 
that the Bureau of Reclamation, the U.S. Forest Service, 
Stanislaus National Forests, and others partnered in fiscal 
year 2016 to initiate a multi-year study to generate new 
knowledge to quantitatively establish the co-benefits of forest 
management practices in the Sierra Nevada that could 
potentially generate water supply and other benefits to the 
Central Valley Project and the State Water Project. The 
Committee supports Reclamation's continued participation, 
through the Western Watershed Enhancement Partnership program 
within the Resilient Infrastructure program as appropriate, in 
analysis of science-based fuels reductions that are mutually 
beneficial to national forest health and water supply yield 
and, if merited, recommendations for further congressional 
action.

                CENTRAL VALLEY PROJECT RESTORATION FUND

 
 
 
Appropriation, 2016...................................       $49,528,000
Budget estimate, 2017.................................        55,606,000
Recommended, 2017.....................................        55,606,000
Comparison:
    Appropriation, 2016...............................        +6,078,000
    Budget estimate, 2017.............................             - - -
 

    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 decrease for this account 
in the budget request and recommendation is based on a three-
year rolling average of collections, in accordance with the 
authorizing statute.
    Anadromous Fish Screen Program.--The Committee notes the 
progress being made to screen the high priority unscreened 
diversions on the Sacramento River under the Bureau of 
Reclamation's Anadromous Fish Screen Program. 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, 2016...................................       $37,000,000
Budget estimate, 2017.................................        36,000,000
Recommended, 2017.....................................        36,000,000
Comparison:
    Appropriation, 2016...............................        -1,000,000
    Budget estimate, 2017.............................             - - -
 

    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, 2016...................................       $59,500,000
Budget estimate, 2017.................................        59,000,000
Recommended, 2017.....................................        59,000,000
Comparison:
    Appropriation, 2016...............................          -500,000
    Budget estimate, 2017.............................             - - -
 

    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.
    Buried Metallic Water Pipe.--The Committee reiterates 
previous congressional direction that Reclamation shall not use 
Technical Memorandum 8140-CC 2004 1 (``Corrosion Considerations 
for Buried Metallic Water Pipe'') as the sole basis to deny 
funding or approval of a project or to disqualify any material 
from use in highly corrosive soils. The Committee is concerned 
with the length of time Reclamation is taking to comply with 
other directives to conduct an objective, independently peer-
reviewed analysis of pipeline reliability standards and to 
contract with a Department of Energy national laboratory to 
develop performance data for zinc-coated ductile iron pipe 
applications in highly- or severely-corrosive soils. The 
analysis of pipeline reliability standards was first required 
in the fiscal year 2012 Act, yet Reclamation's current 
completion date is estimated to be December 31, 2017--six years 
after enactment. It is the Committee's understanding that 
Reclamation is still in the process of developing an agreement 
with the Department of Energy for the performance data work--
putting at risk the laboratory's ability to provide its 
findings and recommendations to the Committee by September 30, 
2016, as directed. The Committee directs Reclamation to provide 
monthly briefings on the status of both study efforts, until 
each effort is completed.

                        ADMINISTRATIVE PROVISION

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    The bill continues a provision regarding the circumstances 
in which the Bureau of Reclamation may reprogram funds.
    The bill continues a provision regarding the San Luis Unit 
and Kesterson Reservoir in California.
    The bill includes a provision regarding completion of 
certain water storage feasibility studies.
    The bill includes a provision related to the Old and Middle 
River reverse flow operations in California.
    The bill includes a provision authorizing increased Old and 
Middle River reverse flows in California during certain times.
    The bill includes a provision regarding certain water 
rights and water supply deliveries in California.
    The bill includes a provision prohibiting the use of funds 
for the San Joaquin River Restoration program.
    The bill includes a provision prohibiting the use of funds 
for instream flow purchases in California carried out by the 
Bureau of Reclamation at certain times.
    The bill includes a provision regarding water storage at 
New Melones reservoir.

                    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, Electricity Delivery and Energy Reliability, 
Nuclear Energy, Fossil Energy Research and Development, Office 
of Technology Transitions, Naval Petroleum and Oil Shale 
Reserves, the Strategic Petroleum Reserve, 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, the Advanced Research Projects Agency--Energy, 
Innovative Technology Loan Guarantee Program, Advanced 
Technology Vehicle Manufacturing Loans 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, the Power Marketing Administrations, and the 
Federal Energy Regulatory Commission.

                        Committee Recommendation

    The Department of Energy has requested a total budget of 
$31,503,903,000, as estimated by the Congressional Budget 
Office, in fiscal year 2017 to fund programs in its four 
primary mission areas: science, energy, environment, and 
national security. The Department of Energy budget request is 
$1,786,625,000 above fiscal year 2016.
    The Committee's recommendation restructures the balance of 
the bill to ensure inherently federal responsibilities, such as 
national security, basic science activities, and environmental 
cleanup, are supported, while investing in long-term research 
to improve existing forms of energy production and to develop 
new and innovative forms of energy for the nation's long-term 
energy independence and prosperity.

                        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 included in 
the table detailing the Committee's recommendation for the 
Department of Energy's various accounts. 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.

                   FINANCIAL REPORTING AND MANAGEMENT

    The Department is still not in full 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 from fiscal year 2016 to submit a plan 
to become fully compliant with this requirement.
    Indirect Cost Reporting.--In the fiscal year 2014 Act, the 
Congress directed an independent review of the effectiveness of 
the national laboratories and provided several recommendations 
to improve the Department's ability to meet current and future 
energy and national security challenges. The reviewing 
commission recommended that the Department provide greater 
transparency into laboratory indirect costs by generating an 
annual report on those costs. Such reporting, if used properly, 
has the ability to improve management efficiency through more 
rigorous analysis of indirect costs and enabling actions to 
better control costs. In order to meet these goals to improve 
efficiency and promote the transparency, accuracy, and 
completeness of costs incurred at its national laboratories, 
the Department is directed to provide to the Committees on 
Appropriations of both Houses of Congress, on a semi-annual 
basis using data from mid-fiscal year, and on an annual basis 
using year-end data, a report that includes the following 
elements: actual cost pool expense (beginning year estimate), 
allocation base, overhead rate, actual cost pool revenue (or 
recovery), the change in the rate, and surplus or deficit 
variance in dollars of each of the indirect cost pools at each 
of its national laboratories. The report shall cover the 
entirety of the indirect cost pools used at each national 
laboratory, including an accounting of these elements for 
management fee, taxes, and laboratory-directed research and 
development. The Committee expects this process will also have 
the benefit of providing a complete and accurate allocation of 
direct vs. indirect costs at each laboratory.
    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 reminded that the Committee 
continues to expect the report to be provided expeditiously.
    Workplace Diversity.--The Committee recognizes the 
importance of workplace diversity in the Department of Energy's 
national laboratories. The Committee directs the Department to 
provide a detailed plan on recruitment and retention of diverse 
talent that includes outreach and recruitment programs at 
Historically Black Colleges and Universities, Hispanic-Serving 
Institutions, Asian and Pacific Islander Serving Institutions, 
Predominantly Black Institutions, and other Minority Serving 
Institutions. The plan shall be sent to the Committees on 
Appropriations of both Houses of Congress within 120 days after 
the enactment of this Act.

           MANAGEMENT OF SPENT NUCLEAR FUEL AND DEFENSE WASTE

    Despite the D.C. Circuit Court of Appeals ruling that the 
Administration's refusal to finish the Yucca Mountain license 
application was illegal, the Administration continues to 
disregard current law regarding Yucca Mountain. The federal 
government has a legal obligation to take responsibility for 
civilian spent nuclear fuel and these actions to delay progress 
toward Yucca Mountain increase the financial penalties 
taxpayers will ultimately bear.
    The Nuclear Regulatory Commission (NRC) has completed the 
Safety Evaluation Report for the project finding no substantive 
reasons that the Yucca Mountain Site cannot be completed. In 
Volume 2, which covers safety before permanent closure, the NRC 
concludes that with reasonable assurance, subject to proposed 
conditions, the Department's application meets the NRC 
regulatory requirements. The NRC is on track to deliver a 
supplement this year to the Department's environmental impact 
statement (EIS) on the proposed geologic repository for spent 
nuclear fuel and high-level radioactive waste at Yucca Mountain 
in Nevada. Previously, the NRC staff found the EIS prepared by 
the Department did not adequately address all of the 
repository-related effects on groundwater, or from surface 
discharges of groundwater. In 2013, the Commission asked the 
Department to prepare a supplement. Rather than comply with the 
Court Order, the Department updated its analysis of potential 
groundwater impacts after closure of a repository at the site. 
The NRC staff will use this analysis to complete the 
supplemental EIS that the Department refused to address.
    Rather than comply with current law, the Administration's 
fiscal year 2017 budget request once again attempts to fund 
unauthorized alternatives for used nuclear fuel disposition 
instead of moving forward with Yucca Mountain. The Department 
requests funding to implement selected recommendations of the 
Department's Strategy for the Management and Disposal of Used 
Nuclear Fuel and High-Level Radioactive Waste, which was 
informed by the Administration's Blue Ribbon Commission that by 
its very charter did not examine the suitability of Yucca 
Mountain as a permanent repository. This strategy is estimated 
to cost $5,700,000,000 over the next ten years and proposes to 
reform the current funding arrangement for the Department's 
nuclear waste fund management program. The recommendation 
rejects these non-Yucca proposals and makes clear that any 
activities funded from the Nuclear Waste Fund must be in 
support of Yucca Mountain.
    To address the Administration's failure to execute current 
law, the recommendation provides $150,000,000 within Nuclear 
Waste Disposal to support the Yucca Mountain High-Level Waste 
Geologic Repository and $20,000,000 within the Nuclear 
Regulatory Commission to support the continued adjudication of 
the Yucca Mountain license application. The Committee notes 
that geological repositories in addition to Yucca Mountain will 
be needed. If the Congress provides the authority for such 
repositories, as well as for a consent-based siting process, 
the Committee will consider support for such activities at that 
time. In the meantime, the bill contains a prohibition on using 
funds to close the Yucca Mountain license application or to 
take actions that would irrevocably remove Yucca Mountain as an 
option for a repository.

                        PROLIFERATION OF CENTERS

    The Committee remains concerned with the Department's 
continual proposals to establish new research centers reliant 
on out-year funding commitments subject to future 
appropriations. In fiscal year 2017, the Department proposed 
funding two new Clean Energy Manufacturing Innovation 
Institutes and a new Energy Innovation Hub. Furthermore, the 
Department is requesting continued additional funding for the 
BioEnergy Research Centers and the Energy Frontier Research 
Centers. The funding of institutes constitutes a growing 
portion of the Department's budget and represents a significant 
out-year investment.
    The Committee continues to support the ongoing review of 
all existing research centers and urges the Department to take 
a critical look at its portfolio to determine where 
improvements can be made in its existing inventory of research 
centers. Increasing budgets are not a guarantee. The Department 
must be vigilant in ensuring that the out-year costs of these 
centers do not diminish the Department's flexibility in 
pursuing other research and development outside the scope of 
existing centers.
    The Committee reiterates its previous direction for the 
Department to explicitly include in future budget 
justifications for all centers, hubs, institutes, facilities, 
and any other persistent, location-based grantees current and 
proposed funding levels, expected out-year commitments, and 
details on their programmatic and technical goals.

                        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 2017 unless the programs 
were explicitly included in the budget justification or funded 
within this recommendation. Any new or ongoing programs that 
the Department chooses to fund in fiscal year 2017 must be 
detailed in the fiscal year 2017 budget justifications. This 
direction shall be followed in future fiscal years unless 
contradicted by the Committee.

                 REPROGRAMMING AND TRANSFER GUIDELINES

    The Committee requires the Department to inform the 
Committee promptly and fully when a change in program execution 
and funding is required during the fiscal year. The 
Department's reprogramming requirements are detailed in 
statute. To assist the Department in this effort, the following 
guidance is provided for programs and activities.
    Definition.--A reprogramming includes the reallocation of 
funds from one activity to another within an appropriation. The 
recommendation includes a general provision providing internal 
reprogramming authority to the Department, as long as no 
program, project, or activity is increased or decreased by more 
than $5,000,000 or 10 percent, whichever is less, compared to 
the levels in the table detailing the Committee's 
recommendations for the Department's various accounts. For 
construction projects, a reprogramming constitutes the 
reallocation of funds from one construction project to another 
project or a change of $2,000,000 or 10 percent, whichever is 
less, in the scope of an approved project.
    Criteria for Reprogramming.--A reprogramming should be made 
only when an unforeseen situation arises, and then only if 
delay of the project or activity until the next fiscal year 
would result in a detrimental impact to an agency program or 
priority. A reprogramming may also be considered if the 
Department can show that significant cost savings can accrue by 
increasing funding for an activity. Mere convenience or 
preference should not be a factor for consideration. A 
reprogramming may not be employed to initiate new programs, or 
to change program, project, or activity allocations 
specifically denied, limited, or increased by the Congress in 
the Act or report.
    Reporting and Approval Procedures.--In recognition of the 
security missions of the Department, the legislative guidelines 
allow the Secretary and the Administrator of the National 
Nuclear Security Administration jointly to waive the 
reprogramming restriction by certifying to the Committees on 
Appropriations of both Houses of Congress that it is in the 
nation's security interest to do so. The Department shall not 
deviate from the levels for activities specified in the report 
that are below the level of the detail table, except through 
the regular notification procedures of the Committee. No funds 
may be added to programs for which funding has been denied. Any 
reallocation of new or prior-year budget authority or prior-
year de-obligations, or any request to implement a 
reorganization which 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 2016, 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 2017 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, 2016...................................    $2,073,000,000
Budget estimate, 2017.................................     2,898,400,000
Recommended, 2017.....................................     1,825,000,000
Comparison:
    Appropriation, 2016...............................      -248,000,000
    Budget estimate, 2017.............................    -1,073,400,000
 

    Energy Efficiency and Renewable Energy (EERE) programs 
include research, development, demonstration, and deployment 
activities advancing energy efficiency and renewable energy 
technologies, as well as federal energy assistance programs. 
The EERE program is divided into three portfolios: sustainable 
transportation, renewable energy, and energy efficiency. The 
sustainable transportation portfolio, which consists of the 
vehicles, bioenergy, and hydrogen and fuel cell programs, 
advances the development of plug-in electric and other 
alternative fuel vehicles, high-efficiency advanced combustion 
engines, and the replacement of oil with clean domestic 
transportation fuels. The renewable energy portfolio, which 
consists of the solar, wind, water, and geothermal programs, 
aims to develop innovative technologies to make renewable 
electricity generation cost competitive with traditional 
sources of energy. The energy efficiency portfolio, which 
consists of the advanced manufacturing, buildings, and federal 
energy assistance programs, seeks cost-effective solutions to 
reduce energy consumption in plants, buildings, and homes.
    The Committee directs 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, 
and generate power from solid waste.
    The Committee recognizes the importance of the Department's 
work on the Energy-Water Nexus and as part of that effort, the 
Committee encourages the Department to enter into an 
interdepartmental agreement with the Department of Agriculture 
for research to address the energy and water challenges 
inherent in four-season production systems. This 
interdepartmental agreement should integrate ongoing research 
projects at the various DOE Labs and the Agricultural Research 
Service to develop affordable, 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.
    Social Cost of Carbon.--The Department should not 
promulgate any regulations in fiscal year 2017 using the May 
2013 estimates for the social cost of carbon until a new 
working group is convened. The working group should include the 
relevant agencies and affected stakeholders, re-examine the 
social cost of carbon using the best available science, and 
revise the estimates using an accurate discount rate and 
domestic estimate in accordance with E.O. 12866 and OMB 
Circular A-4. To increase transparency, the working group 
should solicit public comment prior to finalizing any updates.

                       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.
    The Committee recommends $533,500,000 for Sustainable 
Transportation, $102,450,000 below fiscal year 2016 and 
$319,400,000 below the budget request.
    Vehicle Technologies.--The Committee recommends 
$268,000,000 for Vehicle Technologies, $42,000,000 below fiscal 
year 2016 and $200,500,000 below the budget request. Within 
available funds, the recommendation includes $20,000,000 to 
continue the SuperTruck II program to further improve the 
efficiency of heavy-duty class 8 long- and regional-haul 
vehicles through up to four multi-year awards subject to future 
availability of funds.
    The recommendation provides $95,000,000 for Batteries and 
Electric Drive Technology, of which $42,000,000 is for advanced 
battery development, including up to $7,000,000 to continue 
national laboratory performance testing and life cycle 
diagnostic assessment activities that validate and verify 
advanced battery performance.
    The recommendation provides $42,500,000 for Outreach and 
Development, of which $34,000,000 is for Deployment to support 
ongoing alternative fuel, infrastructure, and vehicle 
deployment activities. 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.
    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. Additionally, 
the Department is encouraged to address technical barriers to 
the increased use of alternative fuel vehicles, including the 
development of novel compression and liquefaction technologies, 
advanced materials, and improvements in processes for 
conditioning and dispensing natural gas.
    Bioenergy Technologies.--The Committee recommends 
$168,500,000 for Bioenergy Technologies, $56,500,000 below 
fiscal year 2016 and $110,400,000 below the budget request.
    Within available funds, the recommendation includes 
$50,000,000 for Feedstocks, of which not less than $20,000,000 
is for feedstock supply and logistics to address issues 
limiting production and conversion systems at large. No funding 
is for the joint initiative with the Navy and the Department of 
Agriculture to develop commercial diesel and jet biofuels 
production capacity for defense purposes.
    The Committee encourages the Department to target 
technologies that utilize biosolids that have the potential to 
reduce the volume of waste materials, can produce byproducts to 
meet chemical supply shortages, such as phosphorous, and can 
enhance the subsequent development of technologies to deliver 
important chemical feedstocks, including hydrogen.
    The Committee directs the Department to provide funds, 
within competitive procurements, for programs of scale-up and 
demonstration of technology particularly suited to extract 
fuels and fuel precursors from biosolids residue of wastewater 
treatment plants serving small- and medium-sized urban areas.
    The Committee notes the Department's efforts to develop a 
Synthetic Biology Foundry and encourages the Department to 
focus on research and development within the Bioenergy 
Technologies Office that supports the Synthetic Biology 
Foundry's strategic goals.
    Hydrogen and Fuel Cell Technologies.--The Committee 
recommends $97,000,000 for Hydrogen and Fuel Cell Technologies, 
$3,950,000 below fiscal year 2016 and $8,500,000 below the 
budget request.
    Within available funds, the recommendation includes 
$13,000,000 for Technology Validation, of which $2,000,000 is 
for the EERE share of the integrated 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 [email protected] 
concept.
    The Committee recognizes the progress of the program and 
expresses continued support for stationary, vehicle, motive, 
and portable power applications of this technology. The 
Department is encouraged to explore technologies that advance 
the storage and transportation fuel distribution and retailing 
systems.
    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.
    The Department is encouraged to engage the appropriate 
national laboratories to pursue novel advanced demonstrations 
that validate how integrated, renewable hydrogen production and 
storage infrastructure supports transportation and non-
transportation applications. The Department is directed to 
submit not later than 180 days after the enactment of this Act 
a report on its efforts to deploy hydrogen infrastructure. The 
report should include a discussion of the Department's 
coordination with other relevant agencies.

                            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.
    The Committee recommends $398,000,000 for Renewable Energy, 
$80,050,000 below fiscal year 2016 and $222,600,000 below the 
budget request.
    Solar Energy.--The Committee recommends $197,000,000 for 
Solar Energy, $44,600,000 below fiscal year 2016 and 
$88,100,000 below the budget request. Within available funds, 
the recommendation provides $64,000,000 for Photovoltaic 
Research and Development and $15,000,000 for Balance of Systems 
Soft Cost Reduction.
    The Committee encourages the Department to research high 
efficiency thin-film photovoltaics and processes for high-
speed, low-cost processing to produce stable and durable 
materials. Research programs are encouraged to include 
cooperation between industry and academia, and to include 
advanced characterization, including optical characterization, 
that enables development of strong correlations between 
materials and device properties, and the photovoltaic power 
performance of the working solar cells.
    Wind Energy.--The Committee recommends $90,000,000 for Wind 
Energy, $5,450,000 below fiscal year 2016 and $66,000,000 below 
the budget request. Within available funds, the recommendation 
provides $40,000,000 for the Offshore Wind Advanced Technology 
Demonstration Project and $1,000,000 for the Wind for Schools 
program.
    The Committee recognizes the enormous potential of offshore 
wind as a secure energy source for our country and encourages 
the Department to prioritize the establishment of the proposed 
Offshore Wind Research and Development Consortium to accelerate 
fundamental offshore-specific research and development 
activities.
    The Committee is aware of efforts by the Wind Technologies 
Office to work with U.S. industry to support the development of 
main shaft and gearbox bearing technologies. The Committee 
encourages the Department to collaborate with industry and to 
consider investment into the development of new technologies 
that advance critical bearing and gearbox technologies used in 
wind turbines.
    Water Power.--The Committee recommends $55,000,000 for 
Water Power, $15,000,000 below fiscal year 2016 and $25,000,000 
below the budget request. Within available funds, the 
recommendation provides $37,000,000 for marine and hydrokinetic 
technologies and $18,000,000 for conventional hydropower, of 
which $6,600,000 is for the purposes of Section 242 of the 
Energy Policy Act of 2005.
    The Committee appreciates the Department's ongoing 
exploration of marine and hydrokinetic technologies research. 
The Committee directs the Department to submit not later than 
120 days after the enactment of the Act a report on the past 
allocation of funds, including demonstrating diversity in 
possible public and private partnerships, and diversity in 
regional locations for siting these new methods and 
technologies.
    The Committee supports the Hydropower Technologies 
subprogram's HydroNEXT Initiative, including efforts to address 
technology development challenges and critical environmental 
and market challenges, such as permitting new hydropower 
projects.
    Geothermal Technologies.--The Committee recommends 
$56,000,000 for Geothermal Technologies, $15,000,000 below 
fiscal year 2016 and $43,500,000 below the budget request. 
Within available funds, the recommendation provides $35,000,000 
for ongoing activities for the Frontier Observatory for 
Research in Geothermal Energy project.

                           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 recommends $642,000,000 for Energy 
Efficiency, $79,000,000 below fiscal year 2016 and $277,000,000 
below the budget request.
    Advanced Manufacturing.--The Committee recommends 
$214,000,000 for Advanced Manufacturing, $14,500,000 below 
fiscal year 2016 and $47,000,000 below the budget request. 
Within available funds, the recommendation provides not less 
than $4,205,000 for improvements in the steel industry; not 
less than $20,000,000 for combined heat and power activities 
relevant to industrial applications and energy savings in 
manufacturing processes; and not less than $500,000 to continue 
efforts furthering improvements in mechanical insulation.
    For subprograms within Advanced Manufacturing, the 
recommendation provides $124,000,000 for Advanced Manufacturing 
Research and Development Facilities, of which $20,000,000 is 
for the Critical Materials Energy Innovation Hub, $20,000,000 
is for the Manufacturing Demonstration Facility and the Carbon 
Fiber Test Facility, and $84,000,000 is for six Clean Energy 
Manufacturing Innovation (CEMI) Institutes. No funding is 
provided for the establishment of a Water Desalination Hub.
    The recommendation supports the establishment of one new 
CEMI Institute in fiscal year 2017, in addition to the five 
established using fiscal years 2013, 2014, 2015, and 2016 
funding. Should the Department propose funding for additional 
CEMI Institutes in the future, the Committee directs that all 
future budget justifications include a specific research topic 
associated with a CEMI Institute, which will provide the 
Committee with the necessary transparency to evaluate and 
prioritize funding to ensure that only highly-effective centers 
closely aligned with Advanced Manufacturing program missions 
are funded.
    The Committee urges the Department to continue its focus on 
high temperature superconductors in light of their potential 
for efficiently transmitting power over long distances from 
remote energy generation sources, delivering more power to 
metropolitan areas, and improving production of unconventional 
petroleum reserves.
    The Committee recognizes the importance of the textile 
sector and believes that federal support for advanced textile 
research is essential to maintaining the competitiveness of the 
domestic textile and apparel industry. The Committee believes 
that advanced textile research can develop more sustainable 
manufacturing processes and technologies that will benefit 
producers, foster the reshoring of textile jobs to the United 
States, and reduce the global environmental impact of textile 
manufacturing. The Committee therefore encourages the 
Department to consider the need for competitively-funded 
advanced textile manufacturing process research.
    In the fiscal year 2016 report, the Committee directed the 
Department to analyze the impact federal investment may have in 
strengthening the availability and usage of lithium, including 
low-sodium lithium metal. As the Committee awaits the results 
of this study the Department is encouraged to explore ways in 
which these upcoming recommendations can increase U.S. domestic 
supply of lithium and low-sodium lithium metal.
    Building Technologies.--The Committee recommends 
$143,000,000 for Building Technologies, $57,500,000 below 
fiscal year 2016 and $146,000,000 below the budget request.
    Within available funds, the recommendation includes 
$5,000,000 for research and development activities for small 
scale combined heat and power systems that can be used for 
residential and small commercial settings.
    For the subprograms within Building Technologies, the 
recommendation provides $28,000,000 for Commercial Buildings 
Integration; $60,000,000 for Emerging Technologies, of which 
$25,000,000 is for solid state lighting and, 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; and $35,000,000 for Equipment and Buildings 
Standards. The Committee encourages the Department to continue 
to support the Building America program.
    Commercial buildings account for 19 percent of the energy 
consumed in the United States.In order to improve energy 
efficiency within this important market, a national program to 
improve the energy efficiency of small- and medium-sized 
commercial buildings is needed.Within available funds, the 
Department is encouraged to support a competitive funding 
opportunity for proposals that would test and replicate 
innovative, cost-effective technologies and programs to achieve 
deeper energy efficiency improvements in small- and medium-
sized commercial buildings.
    The Committee notes that natural gas plays an important 
role in meeting the energy needs of U.S. homes and commercial 
buildings. In particular, the Committee is aware of research 
opportunities related to the use of natural gas in water 
heating, space conditioning, furnace venting, and combined heat 
and power systems. The Committee encourages the Department to 
explore research and development that can advance future 
natural gas systems and appliances to meet consumer demand for 
high efficiency and environmentally friendly products.
    The Committee is interested in understanding how the 
Department plans to implement the energy conservation standard 
for external power supplies (EPS). The Department's standard 
resulted in certain products being brought into scope, even 
though these products were not intended by Congress to be 
included when Congress directed the Department to establish 
energy conservation standards for EPS. The Committee will be 
monitoring how the Department works with manufacturers and 
Congress to resolve this issue.
    Consistent with current policy, of the funds made available 
for Building Technologies, the Department is directed not to 
advocate, promote, or discourage the adoption or inclusion of a 
particular building energy code or code provision, other than 
the technical and economic analysis work required by statutory 
mandate, or to provide funding to private third parties or non-
governmental organizations that engage in this type of 
advocacy.
    The Committee appreciates the work the Department has done 
to date to consider the potential energy savings from 
increasing energy efficiency of consumer electronic devices. 
The Committee urges the Department to explore research and 
development that would further reduce the energy consumption of 
consumer electronics.
    Federal Energy Management Program.--The Committee 
recommends $20,000,000 for the Federal Energy Management 
Program, $7,000,000 below fiscal year 2016 and $23,000,000 
below the budget request.
    Weatherization and Intergovernmental Programs.--The 
Committee recommends $265,000,000 for Weatherization and 
Intergovernmental Programs, the same as fiscal year 2016 and 
$61,000,000 below the budget request.
    The recommendation provides $212,000,000 for Weatherization 
Assistance Grants, all of which is for formula grants; 
$3,000,000 for Training and Technical Assistance; and 
$50,000,000 for the State Energy Program.
    The Committee directs the Department to develop guidance 
under the Weatherization Assistance Program that approves solar 
and other renewable energy systems as allowable weatherization 
measures that States, Territories, and tribal governments may 
include as part of their programs.

                           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.
    The Committee recommends $251,500,000 for Corporate Support 
programs, $13,500,000 above fiscal year 2016 and $39,400,000 
below the budget request.
    Program Direction.--The Committee recommends $149,500,000 
for Program Direction, $5,500,000 below fiscal year 2016 and 
$21,400,000 below the budget request.
    Strategic Programs.--The Committee recommends $10,000,000 
for Strategic Programs, of which $2,000,000 is for the U.S.-
Israel energy cooperative agreement. The Committee supports 
expanded models of research and development cooperation under 
the U.S.-Israel energy cooperative agreement and understands 
there are commercially available technologies that use CO2 as 
an input and that have the potential to create a market for 
utility and industrial CO2. For example, the use of captured 
CO2 as a feedstock to produce algae-based fuels, plastics, 
chemicals, and other algae-based products is among the most 
promising methods of beneficial utilization. The Committee 
encourages the Department to implement policies that encourage 
and incentivize the utilization of CO2 to make valuable 
products and to support new models of jointly supported 
research and development cooperation among government agencies 
and through competitive programs.
    Facilities and Infrastructure.--The Committee recommends 
$92,000,000 for Facilities and Infrastructure, of which 
$26,000,000 is for Operations and Maintenance, $36,000,000 is 
for Facility Management, and $30,000,000 is for NREL Site-wide 
Facility Support.

              Electricity Delivery and Energy Reliability


 
 
 
Appropriation, 2016...................................      $206,000,000
Budget estimate, 2017.................................       262,300,000
Recommended, 2017.....................................       225,000,000
Comparison:
    Appropriation, 2016...............................       +19,000,000
    Budget estimate, 2017.............................       -37,300,000
 

    The Electricity Delivery and Energy Reliability program 
advances technologies and provides operational support to 
increase the efficiency, resilience, and security of the 
nation's electricity delivery system. The power grid employs 
aging technologies at a time when power demands, the deployment 
of new intermittent technologies, and rising security threats 
are imposing new stresses on the system. The Office of 
Electricity Delivery and Energy Reliability aims to develop a 
modern power grid by advancing cyber security technologies, 
intelligent and high-efficiency grid components, and energy 
storage systems.
    Electricity Delivery and Energy Reliability Research and 
Development.--The Committee recommends $181,500,000 for 
Electricity Delivery and Energy Reliability Research and 
Development, $20,000,000 above fiscal year 2016 and $16,200,000 
above the budget request. Within available funds, the 
recommendation provides $36,000,000 for Clean Energy 
Transmission and Reliability, of which $4,000,000 is for the 
Energy Systems Predictive Capability activity; $50,000,000 for 
Smart Grid, including $15,000,000 for regional demonstrations 
of on-site generation and micro grids; $31,000,000 for Energy 
Storage; and $62,000,000 for cyber security for energy delivery 
systems, of which $12,000,000 is to continue development of the 
industry-scale electric grid test bed.
    The Committee supports the Department's efforts to improve 
electricity reliability and grid integration initiatives. 
Accordingly, the Committee recommends the Department continue 
efforts to establish one or more grid integration demonstration 
modules. These projects should include a utility that has 
experienced reliability problems in the past and serves a large 
population; industrial and academic partners with appropriate 
engineering capabilities in grid and energy storage 
technologies in an area that could incorporate opportunities to 
include solar and wind elements; and national laboratories 
involved in the grid integration consortium.
    The Committee is encouraged by the efforts of the 
Department to develop the grid modernization crosscut activity 
and is supportive of the valuable role of the Grid 
Modernization Laboratory Consortium. The Committee encourages 
the Department's continued coordination with the national 
laboratories to ensure grid-related research is not 
duplicative.
    The Committee encourages the Department to prioritize the 
development of computer simulation tools that can predict the 
behavior of new technologies, such as variable generation and 
electronic controls, on the grid.
    The Committee notes the Department's past support in 
advancing the grid using advanced semiconductor technology and 
encourages the Department to continue this support.
    Within Smart Grid Research and Development, the Committee 
encourages the Department to explore options that promote 
regional demonstration of new, utility-led, residential 
Connected Communities for the purpose of advancing smart grid 
systems.

                             Nuclear Energy


 
 
 
Appropriation, 2016...................................      $986,161,000
Budget estimate, 2017.................................       993,896,000
Recommended, 2017.....................................     1,011,616,000
Comparison:
    Appropriation, 2016...............................       +25,455,000
    Budget estimate, 2017.............................       +17,720,000
 

    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 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

    The Committee provides $549,228,000 for Nuclear Energy 
Research and Development, $16,610,000 above fiscal year 2016 
and $6,920,000 above the budget request.
    Nuclear Energy Enabling Technologies.--The Committee 
recommends $121,400,000 for Nuclear Energy Enabling 
Technologies, $9,800,000 above fiscal year 2016 and $31,890,000 
above the budget request, of which not less than $9,800,000 
shall be to support the implementation of the GAIN initiative. 
Within available funds, the recommendation provides $28,000,000 
for Crosscutting Technology Development, of which funding above 
the request is provided for GAIN management, nuclear knowledge 
and validation work, nuclear cyber activities, and integrated 
energy systems and not less than $11,000,000 is provided for 
advanced instrumentation; $28,200,000 for Nuclear Energy 
Advanced Modeling and Simulation, of which funding above the 
request is to increase TREAT validation efforts; $24,300,000 
for the third year of the second five-year term of the Energy 
Innovation Hub for Modeling and Simulation; and $31,100,000 for 
the Nuclear Science User Facilities. Within available funds for 
the Nuclear Science User Facilities, the Department shall 
continue the focus on irradiation testing and examinations of 
irradiated materials and is also encouraged to assess research 
in thermal hydraulics, multi-physics code validation, and 
advancements in instrumentation and data control systems.
    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.
    Small Modular Reactor (SMR) Licensing Technical Support.--
The Committee recommends $96,600,000 for SMR Licensing 
Technical Support, $34,100,000 above fiscal year 2016 and 
$7,000,000 above the budget request. Within funds above the 
budget request the Committee encourages the Department to 
continue to support design certification, site permitting, 
first of a kind engineering, and related licensing activities 
necessary to support the development and initial deployment of 
small modular reactor technologies.
    Reactor Concepts Research, Development, and 
Demonstration.--The Committee recommends $140,000,000 for 
Reactor Concepts Research, Development, and Demonstration, 
$1,718,000 below fiscal year 2016 and $31,240,000 above the 
budget request. Within available funds, the recommendation 
provides $40,000,000 for Light Water Reactor Sustainability to 
continue research and development work on the technical basis 
for subsequent license renewal; and $100,000,000 for Advanced 
Reactor Technologies to consist of the following activities: 
$33,000,000 is for research of the fuel and graphite 
qualification program for the High Temperature Gas Reactor; 
$18,000,000 is follow-on funding for the continued development 
of two performance-based advanced reactor concepts; and not 
less than $5,000,000 is to support industry and national 
laboratories collaborations to develop an advanced reactor 
regulatory framework. The Department is encouraged to work with 
the Nuclear Regulatory Commission in support of these 
activities.
    The Department shall continue to work with the National 
Aeronautics and Space Administration (NASA) to ensure an 
adequate supply of plutonium-238 is available for future NASA 
space exploration missions.
    Fuel Cycle Research and Development.--The Committee 
recommends $177,228,000 for Fuel Cycle Research and 
Development, $26,572,000 below fiscal year 2016 and $72,710,000 
below the budget request. Within available funds, the 
recommendation provides $62,100,000 for the Advanced Fuels 
Program, of which $15,000,000 is for additional support of 
feasibility studies for accident tolerant light water reactor 
fuels and $20,000,000 is for additional support of capability 
development of transient testing, including test design, 
modeling, and simulation; $33,000,000 for Material Recovery and 
Waste Form Development to maintain U.S. competency in the area 
of fuel cycle technologies; and $13,000,000 for Systems 
Analysis and Integration, of which funding above the request is 
to assess advanced nuclear energy deployment scenarios.
    The recommendation provides $61,128,000 for Used Nuclear 
Fuel Disposition (UNFD), $23,872,000 below fiscal year 2016 and 
$89,510,000 below the budget request. The recommendation 
provides $61,128,000 to continue generic UNFD research and 
development activities, $872,000 below fiscal year 2016 and 
$13,210,000 below the budget request. Within available funds, 
the recommendation provides $6,000,000 to support activities to 
design and certify a rail car or cars for use with licensed and 
anticipated transportation casks; and $12,000,000 to support 
preparation activities for testing of high burnup fuel and 
post-irradiation examination of spent fuel rods for the high 
burnup demonstration project.
    Yucca remains the law of the land yet the Department has 
requested no funding for its development. Instead, the 
Department has again proposed large increases for new 
activities that ignore the significant investments made to 
ensure that the plans for Yucca enable safe and reliable 
storage for high-level waste and spent nuclear fuel. The 
Committee rejects this approach and provides no funds for 
integrated waste management system activities. Furthermore, 
within the amounts for UNFD, the recommendation does not 
include defense funds.

                   RADIOLOGICAL FACILITIES MANAGEMENT

    The Committee recommends $7,000,000 for Radiological 
Facilities Management, $17,800,000 below fiscal year 2016 and 
the same as the budget request, to support the continued 
operation of U.S. research reactors by providing research 
reactor fuel services and maintenance of fuel fabrication 
equipment.

                      IDAHO FACILITIES MANAGEMENT

    The Committee recommends $246,085,000 for Idaho Facilities 
Management, $23,503,000 above fiscal year 2016 and $19,500,000 
above the budget request.
    INL Operations and Infrastructure.--The Committee 
recommends $240,085,000 for INL Operations and Infrastructure, 
$19,503,000 above fiscal year 2016 and $19,500,000 above the 
budget request. Within available funds, the recommendation 
includes the requested level of defense funding; $10,000,000 
for design and construction of the Advanced Test Reactor 
technical support building to support reactor core internal 
change-out, reliability improvement, and provide mock-up space 
for the nuclear demonstration platform; $5,000,000 to implement 
MFC Five Year Plan life cycle management activities for the 
resolution of age related issues to improve facility 
reliability and utilization; and $5,000,000 for engineering and 
technical activities required to advance fuel and materials 
post irradiation examination capabilities.
    Construction.--The Committee recommends $6,000,000 for 
Construction, $4,000,000 above fiscal year 2016 and the same as 
the request.

                 IDAHO SITEWIDE SAFEGUARDS AND SECURITY

    The Committee recommends $129,303,000 for Idaho Sitewide 
Safeguards and Security, $3,142,000 above fiscal year 2016 and 
the same as the budget request.

        SUPERCRITICAL TRANSFORMATIONAL ELECTRIC POWER GENERATION

    The Committee recommends $6,000,000 for the Supercritical 
Transformational Electric Power (STEP) Generation Initiative, 
$1,000,000 above fiscal year 2016, to develop and scale up 
advanced supercritical carbon dioxide Brayton Cycle energy 
conversion technologies to pre-commercial pilot demonstration 
to facilitate commercial development. This is a joint 
initiative with the Office of Fossil Energy and the Solar 
Energy program within the Office of Energy Efficiency and 
Renewable Energy.

                 Fossil Energy Research and Development


 
 
 
Appropriation, 2016...................................      $632,000,000
Budget estimate, 2017.................................       360,000,000
Recommended, 2017.....................................       645,000,000
Comparison:
    Appropriation, 2016...............................       +13,000,000
    Budget estimate, 2017.............................      +285,000,000
 

    Fossil energy resources, such as coal, oil, and natural 
gas, generate approximately 67 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.
    In order to ensure the efficient use of existing fossil 
energy resources and to deliver safe and responsible uses of 
untapped domestic resources, the Office of Fossil Energy must 
remain one of the highest priorities of the Department. The 
Department's past research and development efforts have helped 
usher in technological developments responsible for the 
production increases seen today. The Committee recommendation 
increases funding in these areas to ensure these technological 
advances continue to occur and help American industry maintain 
leadership in the global marketplace for fossil energy 
technologies.

                      COAL--CCS AND POWER SYSTEMS

    The Committee recommends $442,000,000 for Coal Carbon 
Capture and Storage (CCS) and Power Systems, $12,000,000 above 
fiscal year 2016 and $70,323,000 above the budget request. The 
Department is directed to use funds within the coal program 
only for coal research and development, with the exception of 
the Supercritical Transformational Electric Power Generation 
Initiative, which has applications to all high-temperature 
fossil heat sources.
    The Committee notes the Department proposed a 
reorganization of the Fossil Energy account that combines the 
coal and natural gas research and development activities into 
one program and proposed moving other activities into new 
budget lines called ``NETL Research and Operations'' and ``NETL 
Infrastructure''. The recommendation rejects the proposed 
combination and continues its separation of fuel categories in 
different accounts but accepts some of the proposed accounting 
changes to the National Energy Technology Laboratory (NETL) in 
order to better display the total funding that the Fossil 
Energy Research and Development program provides to NETL.
    Carbon Capture.--The Committee recommends $109,200,000 for 
Carbon Capture, $8,200,000 above fiscal year 2016 and the same 
as the budget request.
    Carbon Storage.--The Committee recommends $85,500,000 for 
Carbon Storage, $20,500,000 below fiscal year 2016 and 
$5,375,000 below the budget request. Within available funds, 
the recommendation provides $25,000,000 for Geologic Storage 
Technologies; $2,000,000 for Carbon Use and Reuse; $13,500,000 
for Carbon Sequestration Science; and $45,000,000 for Storage 
Infrastructure, of which funding above the request is for 
additional support of detailed site assessments for potential 
storage sites.
    Advanced Energy Systems.--The Committee recommends 
$110,000,000 for Advanced Energy Systems, $5,000,000 above 
fiscal year 2016 and $56,348,000 above the budget request. 
Within available funds, the recommendation provides $30,000,000 
for Advanced Combustion Systems; $30,000,000 for Gasification 
Systems, of which $8,000,000 is for the Advanced Air Separation 
Program to continue activities improving advanced air 
separation technologies; $15,000,000 for Advanced Turbines; 
$5,000,000 for coal-biomass to liquids activities, which seek 
to produce liquid fuels from blends of domestic coal and 
biomass resources with reduced emissions and land and water use 
through integration of carbon capture and other technologies; 
and $30,000,000 for Solid Oxide Fuel Cells, to focus on 
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. 
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, small business, universities, and 
other appropriate parties.
    The Committee recognizes and commends the Department on its 
efforts to date to develop step change solid state reforming 
technology that promises to make utilization of fossil fuels 
like coal and natural gas more efficient. In order to advance 
the application of solid state reforming technology, the 
Committee recommends the Department support field pilot 
programs to advance this technology to commercial success.
    Crosscutting Research.--The Committee recommends 
$60,000,000 for Crosscutting Research, $10,000,000 above fiscal 
year 2016 and $1,350,000 above the budget request. Within 
available funds, the recommendation provides $24,000,000 for 
Coal Utilization Science and $31,050,000 for Plant Optimization 
Technologies, of which $9,000,000 is for the Advanced 
Ultrasupercritical Program to identify, test, qualify, and 
develop domestic suppliers capable of producing components from 
high temperature materials and $15,800,000 is for water 
management research and development. The Committee encourages 
the Department to advance technologies that address near-term 
water needs to treat wastewater or other alternate water 
sources from operating coal power plants.
    The Committee supports the Department's Historically Black 
Colleges and Universities and Hispanic-Serving Institutions 
education and training program and recommends $1,000,000, the 
same as the budget request, to award research grants to 
qualifying universities and institutions.
    The Committee is pleased with the Department's progress to 
date on studying the volatility of crude oil and methods to 
reduce volatility before shipping. The Committee directs the 
Department of Energy to continue this research in partnership 
with the Department of Transportation to improve the safety of 
crude oil transported by rail in this country.
    NETL Coal Research and Development.--The Committee 
recommends $53,000,000 for NETL Coal Research and Development, 
the same as fiscal year 2016 and $18,000,000 above the budget 
request.
    The recommendation includes $15,000,000 for the Department 
to expand its external agency activities to develop and test 
commercially viable advanced separation technologies at proof-
of-concept or pilot scale that can be deployed near term for 
the extraction and recovery of rare earth elements and minerals 
from U.S. coal and coal byproduct sourceshaving the highest 
potential for success. The Committee encourages the Department 
to leverage the capabilities of outside applied researchers in 
implementing these activities.
    Supercritical Transformational Electric Power (STEP) 
Generation Initiative.--The Committee recommends $24,300,000 
within Fossil Energy for the STEP Initiative, a joint 
initiative with the Office of Nuclear Energy and the Solar 
Energy program within the Office of Energy Efficiency and 
Renewable Energy to spur the development of the necessary 
designs, materials, components, operation and control systems, 
sensors, and understanding and characterization for large scale 
supercritical carbon dioxide power conversion.
    The supercritical carbon dioxide Brayton cycle energy 
conversion system transforms heat energy through use of a 
supercritical fluid medium with no condensation rather than 
through steam and water and offers the possibility of higher 
cycle efficiency over steam turbines by increasing turbine 
inlet temperatures. Funding for fiscal year 2017 will support 
design and construction activities for the STEP facility and 
develop a targeted research and development program plan. In 
addition to funds provided for the Office of Fossil Energy for 
the STEP Initiative, $6,000,000 is included for the Office of 
Nuclear Energy to support the technology development of 
supercritical carbon dioxide-based power conversion from 
nuclear energy. Previous funds were utilized by the Solar 
Energy program to assist with coordination activities.

                        NATURAL GAS TECHNOLOGIES

    The Committee recommends $24,700,000 for Natural Gas 
Technologies, $18,300,000 below fiscal year 2016 and 
$32,800,000 below the budget request.
    Natural Gas Carbon Capture.--The Committee provides no 
funds for this new activity.
    Research.--The Committee recommends $24,700,000 for Natural 
Gas Technologies Research. Within available funds, the 
recommendation provides $10,000,000 for research into the cost-
effective and responsible extraction of methane hydrates, a 
vast but currently inaccessible resource with total energy 
reserves that rival those from all other known fossil fuels 
combined; $6,000,000 for Environmentally Prudent Development; 
$5,200,000 for the Risk Based Data Management System; and 
$3,500,000 for midstream natural gas infrastructure research 
and development. The Committee encourages the Department to 
examine activities within midstream natural gas infrastructure 
research and development that curtail methane gas emissions 
from flaring and venting in shale formations. Additionally, the 
Department is encouraged to explore methane leakage 
technologies, including acoustic monitoring, in planned 
research.

               UNCONVENTIONAL FOSSIL ENERGY TECHNOLOGIES

    The Committee recommends $20,000,000 for Unconventional 
Fossil Energy Technologies, $321,000 below fiscal year 2016 and 
$20,000,000 above the budget request. Within available funds, 
the recommendation provides $10,000,000 for two or more 
research awards to address issues associated with emerging 
shale plays in the U.S. The funding shall be awarded to either 
a not-for-profit or university based consortium. The consortium 
must be comprised of industry, academia, and stakeholder groups 
which may include NGOs. The projects shall include research 
studies to improve environmental, water quality, 
infrastructure, and societal impacts of oil and gas development 
in these emerging plays. These plays shall include 
unconventional or shale formations where there is currently 
less than 50,000 barrels per day (equivalent) production. The 
objective of the awards is to encourage prudent development, 
provide cost effective solutions, and develop best practices 
and tools.
    The Committee encourages the Department to explore the 
demonstration and deployment of new materials-based 
technologies that improve multiple mechanisms for enhanced oil 
recovery at any depth while also reducing environmental 
impacts.
    Prior investment has led to the current shale gas 
revolution and continued research and development is vital for 
the environmentally responsible development of this resource. 
Therefore, the Committee urges the Department to continue the 
successful work at the existing field test sites.
    The Department is directed to issue a report on the 
feasibility of establishing an ethane storage and distribution 
hub in the United States, given the increased production of 
natural gas liquids (NGLs) from shale developments and 
recognizing that ethane is the largest component of those NGLs. 
The report should examine potential locations, economic 
feasibility, economic benefits, geologic storage capabilities, 
above ground storage capabilities, infrastructure needs, and 
benefits to energy security.

                      NETL RESEARCH AND OPERATIONS

    The Committee recommends $44,984,000 for NETL Research and 
Operations. This new budget line includes funds that were 
formerly in the Program Direction account for the Office of 
Fossil Energy Research and Development.

                          NETL INFRASTRUCTURE

    The Committee recommends $53,141,000 for NETL 
Infrastructure. Within available funds, the recommendation 
provides $5,500,000 for NETL's Supercomputer, Joule. The 
Committee notes that the Department requested $16,500,000 to 
purchase all of Joule's hardware upgrades in fiscal year 2017, 
rather than spread these purchases out over a three year 
period.

                    Office of Technology Transitions


 
 
 
Appropriation, 2016...................................            $- - -
Budget estimate, 2017.................................         8,400,000
Recommended, 2017.....................................         7,000,000
Comparison:
    Appropriation, 2016...............................        +7,000,000
    Budget estimate, 2017.............................        -1,400,000
 

    The mission of the Office of Technology Transitions is to 
expand the commercial impact of the Department's research, 
development, demonstration, and deployment activities over the 
short, medium, and long term. The Office of Technology 
Transitions coordinates early-stage technology transition 
activities within the Department to improve the eventual 
deployment and commercialization of energy technologies by the 
private sector. These activities span the work of the national 
laboratories and external stakeholders conducting research 
funded by the Department.

                 Naval Petroleum and Oil Shale Reserves


 
 
 
Appropriation, 2016...................................       $17,500,000
Budget estimate, 2017.................................        14,950,000
Recommended, 2017.....................................        14,950,000
Comparison:
    Appropriation, 2016...............................        -2,550,000
    Budget estimate, 2017.............................             - - -
 

    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.
    The fiscal year 2017 budget request supports post-sale 
legacy environmental clean-up and remediation, contract 
closeout, and records disposition at NPR 1. It also supports 
landfill remediation and closure at NPR 3.

                      Strategic Petroleum Reserve


 
 
 
Appropriation, 2016...................................      $212,000,000
Budget estimate, 2017.................................       257,000,000
Recommended, 2017.....................................       257,000,000
Comparison:
    Appropriation, 2016...............................       +45,000,000
    Budget estimate, 2017.............................             - - -
 

    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 current 
capacity of the Reserve is 714 million barrels. The current 
inventory is approximately 695 million barrels or approximately 
149 days of net import protection for the United States 
economy.
    The Committee recommendation for the Strategic Petroleum 
Reserve is $257,000,000. The funding increase above fiscal year 
2016 is primarily for the major maintenance program, to address 
aging infrastructure and deferred maintenance backlog.
    On April 5, 2016, the Administration submitted a budget 
amendment proposing to drawdown and sell oil from the Reserve, 
deposit the proceeds into the Energy Security and 
Infrastructure Modernization Fund, and use the funds to carry 
out construction, maintenance, repair, and replacement 
activities of the Reserve. The Committee needs sufficient time 
to review this proposal, and, therefore, it is not included in 
the recommendation at this time. The Committee may consider 
inclusion at a later date, if additional review shows it to be 
advisable.

                   Northeast Home Heating Oil Reserve


 
 
 
Appropriation, 2016...................................        $7,600,000
Budget estimate, 2017.................................         6,500,000
Recommended, 2017.....................................         6,500,000
Comparison:
    Appropriation, 2016...............................        -1,100,000
    Budget estimate, 2017.............................             - - -
 

    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. The reserve 
contains one million barrels of Ultra Low Sulfur Diesel which 
is the equivalent of three to four days of emergency stocks in 
the Northeast.
    The Committee recommendation for the Northeast Home Heating 
Oil Reserve is $6,500,000. The Department also plans to use 
$4,000,000 in prior-year balances to help fund the costs 
associated with newly awarded commercial storage contracts.

                   Energy Information Administration


 
 
 
Appropriation, 2016...................................      $122,000,000
Budget estimate, 2017.................................       131,125,000
Recommended, 2017.....................................       122,000,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................        -9,125,000
 

    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.

                   Non-Defense Environmental Cleanup


 
 
 
Appropriation, 2016...................................      $255,000,000
Budget estimate, 2017.................................       218,400,000
Recommended, 2017.....................................       226,745,000
Comparison:
    Appropriation, 2016...............................       -28,255,000
    Budget estimate, 2017.............................        +8,345,000
 

    Non-Defense Environmental Cleanup includes funds to manage 
and remediate sites used for civilian, energy research, and 
non-defense related activities. These past activities resulted 
in radioactive, hazardous, and mixed waste contamination that 
requires remediation, stabilization, or some other action.
    Small Sites.--Within Small Sites, $5,500,000 is provided to 
complete a pilot project to decommission and decontaminate the 
Southwest Experimental Fast Oxide Reactor, as authorized by the 
Energy Policy Act of 2005. As previously directed in fiscal 
year 2016, the Department is directed to utilize innovative 
contracting strategies to demolish, dismantle, and dispose of 
contaminated above-grade structures for the purposes of 
minimizing annual site maintenance requirements in order to 
meet the intent of the authorized project while containing 
costs within the authorized limit of $16,000,000.
    Also within Small Sites, $37,629,000 is for the Moab 
Uranium Mill Tailings Remedial Action roject, the same as 
fiscal year 2016 and $2,845,000 above the request.

      Uranium Enrichment Decontamination and Decommissioning Fund


 
 
 
Appropriation, 2016...................................      $673,749,000
Budget estimate, 2017.................................             - - -
Recommended, 2017.....................................       698,540,000
Comparison:
    Appropriation, 2016...............................       +24,791,000
    Budget estimate, 2017.............................      +698,540,000
 

    The Uranium Enrichment Decontamination and Decommissioning 
Fund was established by the Energy Policy Act of 1992 to pay 
for the cleanup of gaseous diffusion plants at Portsmouth, 
Ohio; Paducah, Kentucky; and the East Tennessee Technology 
Park, in Oak Ridge, Tennessee. The recommendation does not 
include a legislative provision to revise the authorized 
purposes of the mandatory USEC Privatization Fund in lieu of 
providing discretionary funds to support ongoing cleanup 
activities of the Uranium Enrichment Decontamination and 
Decommissioning Fund in fiscal year 2017. The Committee rejects 
the Administration's request to zero out discretionary funding 
for such necessary activities without an authorized source of 
funds that is already established in law. If similar 
legislative proposals are sought in the future, the Department 
is directed to ensure sufficient funds are included in the 
budget request to provide continuity of operations while the 
committees of jurisdiction consider such proposals.
    Decontamination and Decommissioning (D&D;).--The Committee 
recommendation includes an overall increase above the fiscal 
year 2016 amounts for D&D; activities to support increases 
needed to expeditiously complete transition activities at 
Paducah, to support operations and accelerate the completion of 
the On-Site Waste Disposal Facility at Portsmouth, and to 
sustain momentum at the East Tennessee Technology Park.
    Paducah.--The Committee encourages the Department to 
develop plans for the contract period beyond July 2017 when the 
current deactivation contract is scheduled to expire. The 
Committee urges the Department to act quickly to obtain a new 
contract for D&D; to ensure continuity and reduce local economic 
uncertainty. The Committee has heard from national and local 
stakeholders that longer-term contracts, rather than the three 
year contract currently issued for Paducah, would be of value 
to all parties.
    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 
same as fiscal year 2016. Fulfilling the obligation to fully 
reimburse licensees is important to the health and safety of 
the impacted communities. Moving forward, the Committee expects 
the Department of Energy to continue to provide sufficient 
resources within future budgets to reimburse licensees for 
approved claim balances in a timely manner and to avoid 
accumulating balances and liabilities.

                                Science


 
 
 
Appropriation, 2016...................................    $5,350,200,000
Budget estimate, 2017.................................     5,572,069,000
Recommended, 2017.....................................     5,400,000,000
Comparison:
    Appropriation, 2016...............................       +49,800,000
    Budget estimate, 2017.............................      -172,069,000
 

    The Office of Science funds basic science research across 
national laboratories, universities, and other research 
institutions in support of American innovation and the 
Department's energy-focused missions. Through research in 
physics, biology, chemistry, and other science disciplines, 
these activities expand scientific understanding and secure the 
nation's leadership in energy innovation. The Office of Science 
is the nation's largest supporter of basic research in the 
physical sciences.
    The Science program office includes Advanced Scientific 
Computing Research, Basic Energy Sciences, Biological and 
Environmental Research, Fusion Energy Sciences, High Energy 
Physics, Nuclear Physics, Workforce Development for Teachers 
and Scientists, Science Laboratories Infrastructure, Safeguards 
and Security, and Program Direction. The Committee has placed a 
high priority on funding these activities in fiscal year 2017, 
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. 
However, 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 is concerned that despite significant federal 
investments in scientific research, public access to the 
published results of this taxpayer-funded research is limited. 
The Committee directs the Department to adopt a federal 
research public access policy that is consistent with and 
advances the purposes of the Department. The Department shall 
submit to the Committees on Appropriations of both Houses of 
Congress not later than 60 days after the enactment of this Act 
a report regarding the appropriate efforts to adopt this 
Federal research public access policy.
    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 and Historically Black 
Colleges and Universities. In particular, the Committee 
encourages programs involving undergraduate research 
experiences and high-speed computing access and education.

                 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. The Committee recommends $621,000,000 for 
Advanced Scientific Computing Research, the same as fiscal year 
2016 and $42,180,000 below the budget request.
    Exascale Computing.--The recommendation includes 
$151,000,000 for exascale activities.
    High Performance Computing and Network Facilities.--In 
addition to the long-term exascale intiative, 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 $80,000,000 for the Argonne Leadership 
Computing Facility, $110,000,000 for the Oak Ridge Leadership 
Computing Facility, and $92,145,000 for the National Energy 
Research Scientific Computing Center at Lawrence Berkeley 
National Laboratory. Within available funds, the recommendation 
includes $8,000,000 for the Computational Science Graduate 
Fellowship Program and $45,000,000 for ESnet.
    The Committee notes that reducing the energy cost of data 
movement from memory and storage is of key importance to the 
evolution of high performance computing. Within available 
funds, up to $20,000,000 shall be focused on meeting the 
challenges surrounding memory and storage architecture.
    The Committee encourages the Department to further the 
development of cryptographic systems that are secure against 
both quantum and classical computers and can interoperate with 
existing communications protocols and networks.
    Brain Initiative.--The Committee encourages the Department 
to work with the National Science Foundation and the National 
Institutes of Health on a national brain observatory to 
leverage its high performance computing capabilities in order 
to advance a deeper understanding of the brain and how it 
works. This collaboration will lead to novel brain imaging 
technologies and brain inspired computing applications that 
will improve the Department's high performance computing 
capabilities and expertise. However, while the Committee 
supports this collaboration, the recommendation does not 
include the requested $9,000,000 to support the Brain 
Initiative. The Department's request would displace other 
activities and the Committee prefers that research awards in 
support of the Brain Initiative follow the same competitive 
process as other research proposals given the high demand for 
experimentation time on the Department's high performance 
computing facilities.

                         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. The Committee recommends 
$1,859,972,000 for Basic Energy Sciences, $10,972,000 above 
fiscal year 2016 and $76,758,000 below the budget request.
    The program's budget consists of funding for research, the 
operation of existing user facilities, and the design, 
procurement, and construction of new facilities and equipment. 
The long-term success of the program hinges on striking a 
careful balance among these three areas. However, the 
increasing level of research commitments and completion of new 
facilities make it difficult to adequately fund all three 
components of the Basic Energy Sciences program within existing 
budgetary constraints. The Committee strongly cautions the 
Department against assuming an ever-increasing budget when 
planning the balance among facility runtime, construction, and 
research funding.
    Research.--The Committee recommends $1,669,972,000 for 
Basic Energy Sciences research, $21,272,000 above fiscal year 
2016 and $76,758,000 below the budget request.
    Within available funds for materials science and 
engineering research, the recommendation includes $97,800,000 
for Energy Frontier Research Centers; $10,000,000 for the 
Experimental Program to Stimulate Competitive Research; 
$12,000,000 for Computational Materials Sciences; and the 
requested level of $24,088,000 for the fifth year of the 
Batteries and Energy Storage Innovation Hub.
    The Committee encourages the Department to support ongoing 
research in polymers and optoelectronics.
    Within available funds for chemical sciences, geosciences, 
and biosciences, the recommendation includes the requested 
level of $15,000,000 for the second year of the second five-
year term of the Fuels from Sunlight Innovation Hub.
    For scientific user facilities, the recommendation includes 
$978,529,000, of which $35,000,000 is for the Advanced Photon 
Source upgrade. The recommendation includes the requested 
levels for facilities operations of the nation's synchrotron 
radiation light sources, high flux neutron sources, and 
nanoscale science research centers.
    Construction.--The Committee recommends $190,000,000 for 
Basic Energy Sciences construction.

                 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 recommends $595,000,000 for Biological 
and Environmental Research, $14,000,000 below fiscal year 2016 
and $66,920,000 below the budget request. The Committee 
encourages the Department to give priority to optimizing the 
operation of BER user facilities.
    The recommendation includes $80,000,000 for the final year 
of the second five-year term of the three Bioenergy Research 
Centers.
    The Committee continues to support the Department's funding 
for academia to perform climate model studies 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.

                         FUSION ENERGY SCIENCES

    The Fusion Energy Sciences program supports basic research 
and experimentation aiming to harness nuclear fusion for energy 
production. The Committee recommends $450,000,000 for Fusion 
Energy Sciences, $12,000,000 above fiscal year 2016 and 
$51,822,000 above the budget request. Within available funds, 
the recommendation provides not less than $74,090,000 for the 
National Spherical Torus Experiment (NSTX) and not less than 
$82,100,000 for DIII-D.
    University-led research helps further U.S. research in 
fusion energy and trains the next generation of scientists. The 
Department shall submit not later than 180 days after the 
enactment of this Act a report summarizing the Fusion Energy 
Sciences program's current collaboration with universities and 
an explanation for its relevant funding allocations.
    Research.--The Committee recommends $207,027,000 for 
burning plasma science foundations; $41,569,000 for burning 
plasma science long pulse; and $76,404,000 for discovery plasma 
science. Within available funds, the recommendation provides 
$15,000,000 for International Research; $18,000,000 for High 
Energy Density Laboratory Plasmas; $25,000,000 for Theory; and 
$15,000,000 for Scientific Discovery through Advanced 
Computing.
    The Committee supports the fusion energy science 
community's continued efforts hosting workshops to advance and 
plan for the long term vision of the fusion energy sciences 
field. The Department is directed to hold additional workshops 
and submit not later than 180 days after the enactment of this 
Act a report summarizing these efforts.
    Construction.--The Committee recommends $125,000,000 for 
the U.S. contribution to the ITER project.
    The Committee continues to believe the ITER project 
represents an important step forward for energy sciences and 
has the potential to revolutionize the current understanding of 
fusion energy. However, cost increases and major schedule 
delays have brought uncertainty as to whether the project may 
still be completed within a reasonable baseline. The fiscal 
year 2016 Act included language directing the Secretary to 
recommend by May 2, 2016, that the U.S. either remain a partner 
in the ITER project or terminate its participation. The 
Committee notes that the Secretary's recommendation may require 
a change to the recommended level of funding for the ITER 
project and awaits the decision.
    The Committee directs the Department to submit not later 
than December 1, 2016, a follow-up report to its May 2, 2016, 
report updating findings on its ITER recommendations.

                          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. The Committee recommends $823,009,000 for High 
Energy Physics, $28,009,000 above fiscal year 2016 and 
$5,012,000 above the budget request.
    Research.--The Committee recommends $729,509,000 for High 
Energy Physics research, $609,000 above fiscal year 2016 and 
$33,000 above the budget request.
    The Committee strongly supports the Department's efforts to 
advance the recommendations of the Particle Physics 
Prioritization Panel and urges the Department to maintain a 
careful balance among competing priorities and among small, 
medium, and large scale projects.
    For energy frontier experimental physics, the 
recommendation provides $151,031,000.
    For intensity frontier experimental physics, the 
recommendation provides $234,144,000. Within available funds, 
the recommendation provides $15,220,000 for PIP-II.
    For cosmic frontier experimental physics, the 
recommendation provides $130,069,000. Within available funds, 
the recommendation provides $70,200,000 for Projects, of which 
$45,000,000 is for the Large Synoptic Survey Telescope Camera 
and $23,500,000 is for the dark energy and dark matter 
experiments.
    Construction.--The Committee recommends $93,500,000 for 
High Energy Physics construction. Within available funds, the 
recommendation includes $43,500,000 for the Muon to Electron 
Conversion Experiment and $50,000,000 for the Long Baseline 
Neutrino Facility (LBNF). The Committee recognizes the 
importance of LBNF to maintaining American leadership in the 
intensity frontier and to basic science discovery of neutrino 
and standard model physics. However, the Committee also 
recognizes that LBNF construction must be affordable under 
existing budgetary constraints.

                            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. The Committee recommends 
$620,000,000 for Nuclear Physics, $2,900,000 above fiscal year 
2016 and $15,658,000 below the budget request.
    Operations and Maintenance.--The Committee recommends 
$520,000,000 for Nuclear Physics Operations and Maintenance. 
Within available funds, the Department is encouraged to fund 
optimal operations at Thomas Jefferson National Accelerator 
Facility to support runtime at the 12GeV Continuous Electron 
Beam Accelerator Facility and at Brookhaven National Laboratory 
to support runtime at the Relativistic Heavy Ion Collider.
    Construction.--The Committee recommends $100,000,000 for 
the Facility for Rare Isotope Beams at Michigan State 
University.

           WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS

    The Committee recommends $20,925,000 for workforce 
development for teachers and scientists, $1,425,000 above 
fiscal year 2016 and the same as the budget request.

                  SCIENCE LABORATORIES INFRASTRUCTURE

    The Committee recommends $122,397,000 for Science 
Laboratories Infrastructure, $8,797,000 above fiscal year 2016 
and $7,603,000 below the budget request.
    Construction.--The Committee recommends $63,451,000 for 
Science Laboratories Infrastructure construction. The 
Department is directed to invest in new construction and 
infrastructure improvements that save money over the long term, 
modernize outdated facilities, and optimize scientific output.

                        SAFEGUARDS AND SECURITY

    The Committee recommends $103,000,000 to meet safeguards 
and security requirements at Office of Science facilities, the 
same as fiscal year 2016 and the budget request.

                       SCIENCE PROGRAM DIRECTION

    The Committee recommends $184,697,000 for Science Program 
Direction, $303,000 below fiscal year 2016 and $19,784,000 
below the request.

                         Nuclear Waste Disposal


 
 
 
Appropriation, 2016...................................            $- - -
Budget estimate, 2017.................................             - - -
Recommended, 2017.....................................       150,000,000
Comparison:
    Appropriation, 2016...............................      +150,000,000
    Budget estimate, 2017.............................      +150,000,000
 

    The Committee recommendation includes $150,000,000 for 
Nuclear Waste Disposal to continue the Department of Energy's 
statutorily required activities for the Yucca Mountain license 
application. Within available funds, the Department is directed 
to reestablish its capability to respond to the Nuclear 
Regulatory Commission during the adjudicatory process, and to 
otherwise fully support the Yucca Mountain licensing process. 
The recommendation includes support for affected units of local 
government who have formally consented to host Yucca Mountain.
    The Committee reiterates that the Administration's repeated 
statements that Yucca Mountain is not a ``workable option'' 
ignores both the consent of the host community and the 
expressed intent of Congress.

               Advanced Research Projects Agency--Energy


 
 
 
Appropriation, 2016...................................      $291,000,000
Budget estimate, 2017.................................       350,000,000
Recommended, 2017.....................................       305,889,000
Comparison:
    Appropriation, 2016...............................       +14,889,000
    Budget estimate, 2017.............................       -44,111,000
 

    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.

         Title 17 Innovative Technology Loan Guarantee Program


                        ADMINISTRATIVE EXPENSES


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2016...................................       $42,000,000
Budget estimate, 2017.................................        37,000,000
Recommended, 2017.....................................        37,000,000
Comparison:
    Appropriation, 2016...............................        -5,000,000
    Budget estimate, 2017.............................             - - -
 

                         OFFSETTING COLLECTIONS

 
 
 
Appropriation, 2016...................................      $-25,000,000
Budget estimate, 2017.................................       -30,000,000
Recommended, 2017.....................................       -30,000,000
Comparison:
    Appropriation, 2016...............................        -5,000,000
    Budget estimate, 2017.............................             - - -
 

                    PROPOSED CHANGE IN SUBSIDY COST

 
 
 
Appropriation, 2016...................................            $- - -
Budget estimate, 2017.................................     1,020,000,000
Recommended, 2017.....................................             - - -
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................    -1,020,000,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2016...................................       $17,000,000
Budget estimate, 2017.................................     1,027,000,000
Recommended, 2017.....................................         7,000,000
Comparison:
    Appropriation, 2016...............................       -10,000,000
    Budget estimate, 2017.............................    -1,020,000,000
 

    The Committee recommends administrative expenses of 
$37,000,000, which are offset by fees collected pursuant to 
section 1702(h) of the Energy Policy Act, for a final net 
appropriation of $7,000,000. The Committee does not provide the 
additional loan authority requested in the budget and provides 
support for administrative operations only.

        Advanced Technology Vehicles Manufacturing Loan Program


 
 
 
Appropriation, 2016...................................        $6,000,000
Budget estimate, 2017.................................         5,000,000
Recommended, 2017.....................................         5,000,000
Comparison:
    Appropriation, 2016...............................        -1,000,000
    Budget estimate, 2017.............................             - - -
 

    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.

                      Departmental Administration


                          GROSS APPROPRIATION

 
 
 
Appropriation, 2016...................................      $248,142,000
Budget estimate, 2017.................................       270,037,000
Recommended, 2017.....................................       233,971,000
Comparison:
    Appropriation, 2016...............................       -14,171,000
    Budget estimate, 2017.............................       -36,066,000
 

                                REVENUES

 
 
 
Appropriation, 2016...................................     $-117,171,000
Budget estimate, 2017.................................      -103,000,000
Recommended, 2017.....................................      -103,000,000
Comparison:
    Appropriation, 2016...............................       +14,171,000
    Budget estimate, 2017.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2016...................................      $130,971,000
Budget estimate, 2017.................................       167,037,000
Recommended, 2017.....................................       130,971,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................       -36,066,000
 

    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.
    Office of Indian Energy Policy and Programs.--The Committee 
recommends $21,330,000, to coordinate and implement energy 
management, conservation, education, and delivery systems for 
Native Americans. Within this amount, $18,130,000 is included 
for the Tribal Energy Program and $3,200,000 for Program 
Direction. The Committee includes funding for the Department's 
request in this account rather than in a new account, as 
requested.
    Economic Impact and Diversity.--The recommendation includes 
$11,319,000 for Economic Impact and Diversity, $1,319,000 more 
than fiscal year 2016 and the same as the budget request.
    Office of Management.--The recommendation includes 
$59,657,000 for the Office of Management. The recommendation 
includes $5,000,000 for cost estimating and $18,000,000 for 
Project Management Oversight and Assessments.
    Chief Information Officer.--The recommendation includes 
$73,218,000 of which, not less than $21,006,000 shall be for 
Cybersecurity and secure information and $3,000,000 shall be 
for activities related to implementation of the Digital 
Accountability and Transparency Act.
    Renewable Fuel Standard.--The Department shall continue to 
operate in accordance with the direction provided in the 
explanatory statement that accompanied P.L. 114-113.
    Support for Ukraine.--The Committee looks forward to 
receiving the Department's report examining the potential for 
leveraging its expertise in support of energy-related issues in 
Ukraine as directed in the explanatory statement that 
accompanied P.L. 114-113.

                    Office of the Inspector General


 
 
 
Appropriation, 2016...................................       $46,424,000
Budget estimate, 2017.................................        44,424,000
Recommended, 2017.....................................        44,424,000
Comparison:
    Appropriation, 2016...............................        -2,000,000
    Budget estimate, 2017.............................             - - -
 

    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.
    Carryover balances in excess of $2,000,000 will allow the 
Office of the Inspector General to continue operations at 
fiscal year 2016 levels.
    To the extent possible, the Inspector General shall ensure 
the findings of its investigative reports are made available to 
the Committee and the public. Revised reports may be required 
in order to protect information that would otherwise limit 
distribution to Internal Official Use Only.

                    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 and Other Defense Activities. 
Descriptions of each of these accounts are provided below.

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

    The Department of Energy is responsible for enhancing U.S. 
national security through the military application of nuclear 
technology and reducing the global danger from the 
proliferation of weapons of mass destruction. The NNSA, a semi-
autonomous agency within the Department, carries out these 
responsibilities. Established in March 2000 pursuant to Title 
32 of the National Defense Authorization Act for Fiscal Year 
2000, the NNSA is responsible for the management and operation 
of the nation's nuclear weapons complex, naval reactors, and 
nuclear nonproliferation activities.
    The recommendation includes $12,853,570,000 for the NNSA, 
$327,058,000 above fiscal year 2016 and $22,030,000 below the 
budget request.

                           Weapons Activities


                    (INCLUDING RESCISSION OF FUNDS)

 
 
 
Appropriation, 2016...................................    $8,846,948,000
Budget estimate, 2017.................................     9,285,147,000
Recommended, 2017.....................................     9,285,147,000
Comparison:
    Appropriation, 2016...............................      +438,199,000
    Budget estimate, 2017.............................             - - -
 

    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.
    Integrated Surety Solutions for Transportation.--The budget 
request included plans to implement an Integrated Surety 
Solutions for Transportation program for the W88 warhead and 
deferred previous plans to develop such a system for the W76 
and B61 warheads. Given that the benefits of the requested 
funds are limited to only one warhead type and the cost for 
development is approximately $287,900,000 through fiscal year 
2021, the recommendation does not include the $26,000,000 
within W88 Stockpile Systems and $7,500,000 within R&D; 
Certification and Safety to initiate those efforts in fiscal 
year 2017. The recommendation fully funds the budget request 
for the next-generation transporter within Secure 
Transportation Asset, which will improve the security of all 
warhead types in transit. Prior to submitting future funding 
requests, the NNSA shall ensure it has first satisfied an 
outstanding reporting requirement on implementing 
recommendations made in the 2010 JASONs Surety Study that would 
improve the safety and security of warheads in transit at 
little to no cost.
    Enhanced Capabilities for Subcritical Experiments.--The 
budget request included line-item and operating funds to 
support the construction of an advanced radiographic facility 
at the Nevada National Security Site. The recommendation 
includes no funding for this facility. The new facility is a 
substantial investment, with total costs currently reported to 
be upwards of $342,000,000, and the Committee is concerned that 
the NNSA is not utilizing best practices in managing these 
investments. The NNSA did not provide a project data sheet for 
the experimental facility in the Science program that would 
outline the cost, scope, and schedule for the capability and it 
is not clear whether the entirety of the project is being 
carried out in accordance with DOE Order 413.3B. To improve 
practices, the NNSA is directed to fully implement guidelines 
established by the DOE Office of Science that clearly define 
requirements for major items of equipment (MIE). Specifically, 
if the associated civil construction is less than the limit for 
general plant projects and is less than 20 percent of the 
equipment costs, the project is to be considered an MIE. If 
either of these thresholds is exceeded, the project would be 
considered line-item construction.
    To improve its justification of the mission need for the 
new capability, the NNSA is directed to commission the JASONs 
Defense Advisory Group to investigate the need for new 
radiographic facilities, independently validate any gaps 
between experimental needs to certify the nuclear weapons 
stockpile and present experimental capabilities, and determine 
whether there is adequate planning to justify investing in 
those capabilities. A report of the findings shall be provided 
to the Committees on Appropriations of both Houses of Congress 
in sufficient time to support consideration of future requests 
for funding.
    West End Protected Area Reduction.--The West End Protected 
Area Reduction (WEPAR) project will construct an interim PIDAS 
to reduce the size of the protected area at the Y-12 National 
Security Complex from 150 acres to 90 acres. In the wake of the 
2012 security incursion, the NNSA implemented a number of 
organizational reforms, but most of those changes have since 
been reversed. Maintenance needs remain high and the outdated 
systems continue to generate an excessive amount of false 
alarms, problems that directly contributed to the poor 
performance of protective forces during the incident. Shrinking 
the protective area footprint will not only reduce costs, but 
it will greatly improve security effectiveness and is therefore 
a high priority for the Committee. In fiscal year 2014, the 
NNSA included $24,000,000 for the WEPAR project within the 
budget request for the Uranium Processing Facility (UPF) 
project. The NNSA later desegregated the WEPAR scope, but kept 
the funding previously allocated to WEPAR within the UPF 
project for other activities. While the Committee supports the 
decision to desegregate the project scope, it is concerned by 
the NNSA's subsequent actions to push aside plans for the 
relocation and redirect those funds to other activities. The 
Administrator is directed to provide, not later than 30 days 
after the enactment of this Act, to the Committees on 
Appropriations of both Houses of Congress a plan that will 
expedite completion of the project.

                        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 $3,294,527,000 for Directed Stockpile Work, 
$93,265,000 below fiscal year 2016 and $36,000,000 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 Committee remains concerned about the aggressive 
schedule to accomplish the delivery of concurrent life 
extension programs for the B61 and W88 in the 2020-2025 
timeframe. In fiscal year 2016, the Committee directed the NNSA 
to investigate work levelling strategies for the W88 that would 
help alleviate these pressures and the Committee expects the 
NNSA to continue to make progress on these efforts.
    Life Extension Program Reporting.--The present format of 
the Selected Acquisition Reports submitted to the Committees 
provides little, if any, explanatory information on the 
progress and planning of the NNSA's life extension and major 
refurbishment programs. The NNSA is directed to provide to the 
Committees on Appropriations of both Houses of Congress a 
classified summary of each ongoing life extension and major 
refurbishment beginning with the award of the phase 6.3 
milestone and annually thereafter until completion of the 
program.
    Uranium Sustainment.--The recommendation includes an 
additional $3,000,000 above the budget request to support 
material consolidation and planning activities needed to 
expedite the West End Protective Area Reduction Project at Y-
12.
    Domestic Uranium Enrichment.--The NNSA is currently 
undertaking a new down-blending campaign and is bartering 
proceeds from the sale of unencumbered low-enriched uranium to 
meet its down-blending costs. According to the NNSA, the 
amounts planned to be bartered could fuel up to five single-
reactor reloads for tritium production. The NNSA is directed to 
provide the Committees on Appropriations of both Houses of 
Congress updated costs to implement Option 2 as soon as 
possible. In addition, the NNSA is directed to provide to the 
Committees on Appropriations of both Houses of Congress, not 
later than 30 days after the enactment of this Act a report 
that describes clear milestones for activities to be carried 
out by the domestic uranium enrichment program, including a 
roadmap for any centrifuge technology research and development 
that might contribute to establishing a domestic uranium 
enrichment capability in order to meet U.S. national security 
needs.

           RESEARCH, DEVELOPMENT, TECHNOLOGY, AND ENGINEERING

    The NNSA's Research, Development, Technology, and 
Engineering (RDT&E;) activities focus on the development and 
maintenance of critical capabilities, tools, and processes that 
support science-based stockpile stewardship and continued 
certification of the stockpile in the absence of underground 
nuclear testing. For RDT&E;, the Committee recommends 
$1,818,035,000, $513,000 below fiscal year 2016 and $36,684,000 
below the budget request.
    Science.--The Committee recommendation fully funds the 
subcritical experiments that are necessary to gather data and 
improve the physics-based computational models used for the 
annual assessment and certification of the nuclear weapons 
stockpile. Within Advanced Radiography, up to $5,000,000 is 
available to support development activities that could 
significantly reduce the cost of new radiographic drivers, 
including activities to reduce x-ray spot size and improve 
existing pulsed power components. The recommendation does not 
include $7,500,000 requested within Advanced Radiography for 
Enhanced Capabilities for Subcritical Experiments.
    Academic Alliances and Partnerships.--The recommendation 
includes $18,956,000 for the Minority Serving Institution 
Partnerships Program (MSIPP), including funding for the Tribal 
College Initiative. The MSIPP remains a high priority for the 
Committee and the NNSA did not provide adequate detail in its 
budget request for the program. The NNSA is directed to clearly 
account for MSIPP funds within Academic Alliances and 
Partnerships in its budget request.
    Inertial Confinement Fusion and High Yield.--The Committee 
recommends $522,959,000, $11,909,000 above fiscal year 2016 and 
the same as the budget request. Within this amount, $68,000,000 
is for the OMEGA Laser Facility at the University of Rochester, 
$330,000,000 is for the National Ignition Facility, and 
$8,500,000 is for the Naval Research Laboratory. The Committee 
recognizes the need of pursuing complementary approaches to a 
fusion demonstration and high energy density physics research 
in order to ensure the long term viability of the Stockpile 
Stewardship Program. In addition, the Committee encourages the 
Department to develop a strategy and appropriate funding for 
next generation pulsed power technology and mission 
applications, including support for university-based research.

                     INFRASTRUCTURE AND OPERATIONS

    Infrastructure and Operations provides funding for the 
operations, maintenance, and recapitalization of NNSA 
facilities and infrastructure. The Committee recommends 
$2,771,318,000 for Infrastructure and Operations, $492,194,000 
above fiscal year 2016 and $49,366,000 above the budget 
request.
    Operations of Facilities.--In recognition of the improved 
transparency in the NNSA's budget request for Infrastructure 
and Operations, the Committee provides funding for Operations 
of Facilities within one reprogramming control point. The NNSA 
is directed to continue to provide the details of its site-
splits in its budget request and to provide an explanation of 
changes for any significant site-specific variations.
    Maintenance and Repair of Facilities.--The Committee 
recommends $400,000,000, $123,000,000 above fiscal year 2016 
and $106,000,000 above the budget request. The Committee 
continues to place a strong emphasis on reducing the growing 
backlog of deferred maintenance.
    Recapitalization.--Within Capability-Based Investments, the 
recommendation includes an increase of $5,800,000 for pre-
conceptual design and other project costs of the lithium 
production capability project. The NNSA is directed to provide 
the Total Estimated Cost of each Recapitalization project in 
its budget request.
    Facility Disposition.--The recommendation includes 
$235,400,000 within a new reprogramming control point to 
support the NNSA's request to allocate funding in order to 
eliminate excess facilities through either demolition, 
transfer, or sale. Undertaking disposition activities will 
enable a reduction in the NNSA's footprint, reduce operating 
costs, and improve the vitality of the nuclear enterprise. The 
NNSA is directed to separately budget for facility disposition 
activities in future budget requests.
    06-D-141, Uranium Processing Facility (UPF), Y-12.--The 
Committee recommends $530,000,000, $100,000,000 above fiscal 
year 2016 and $45,000,000 below the budget request. The 
viability of the NNSA's redesigned project is heavily dependent 
on achieving a lower hazard categorization for certain 
subprojects and safety-related design issues have been 
significant cost drivers for the Department's major projects. 
The NNSA is directed to conduct, in consultation with the 
Office of Enterprise Assessments and the Defense Nuclear 
Facilities Safety Board, an independent design review of the 
UPF project that will assess the adequacy of the design to meet 
nuclear safety requirements and to submit a design report to 
the Committees on Appropriations of both Houses of Congress not 
later than 90 days after the enactment of this Act.
    04-D-125, Chemistry and Metallurgy Research (CMR) 
Replacement Project, LANL.--The Committee recommends 
$150,615,000, $4,995,000 below fiscal year 2016 and $9,000,000 
below the request. The remaining funds requested within 04-D-
125 have been provided separately, as described below. The 
Committee supports the NNSA's efforts to refine the scope 
required to cease all operations at the legacy CMR building in 
2019, a deteriorating and obsolete facility built in 1952 that 
no longer provides adequate space to meet the NNSA's mission 
needs. In House Report 113-486, the Committee provided clear 
direction to the NNSA regarding the conduct of follow-on work 
that is needed to recapitalize the plutonium infrastructure at 
Los Alamos National Laboratory. The Committee limited the scope 
of activities to be conducted under the existing CMR 
Replacement Project to that of the original mission need for 
the project, that is, to relocate existing analytic chemistry 
and materials characterization capabilities from the legacy 
facility. The Committee provided further guidance that the 
construction of new modular facilities and installation of 
equipment within PF-4 to increase pit production were not 
sufficiently related to the original mission need of the 
existing authorized project and stated its opposition to 
including these activities as additional subprojects. Each of 
these projects are major undertakings in their own right and 
represent new starts that should be managed in full accordance 
with DOE Order 413.3B. If the requested change in scope were 
approved, the CMR Replacement project would be stretched out 
until fiscal year 2024, twenty years after its start date of 
fiscal year 2004 and thirteen years beyond the original 
completion date of fiscal year 2011. Such a tortured and drawn-
out replacement of a single legacy facility over a twenty-year 
time period is hardly a statement of project success.
    17-D-125, PF-4 Reconfiguration Project, LANL.--The 
Committee recommends $8,000,000, the same amount as requested 
for these activities within project 04-D-125. The project will 
maximize the use of PF-4 and establish enduring capabilities 
that support NNSA's actinide-based mission. The project is 
currently estimated to cost approximately $685,000,000. The 
NNSA is directed to submit a separate project data sheet and 
clear mission statement that describes the need for the project 
in its fiscal year 2018 budget request.
    17-D-126, RLUOB Reconfiguration Project, LANL.--The 
Committee recommends $1,000,000, the same amount as requested 
for these activities within project 04-D-125. The project will 
maximize the use of the Radiological Laboratory Office Building 
(RLUOB) by reconfiguring existing laboratory space and re-
categorizing the building to a hazard category-3 facility. This 
project is estimated to cost approximately $365,000,000. The 
NNSA is directed to submit a separate project data sheet and 
clear mission statement that describes the need for the project 
in its fiscal year 2018 budget request.

                                SECURITY

    Defense Nuclear Security.--The Committee recommends 
increases in funding for protective forces in order to ramp up 
production operations at Y-12 and Pantex. The NNSA did not 
include any site specific funding information in its budget 
request as in previous years. The NNSA shall provide a clear 
accounting of security funds by site in future requests.
    17-D-710 West End Protected Area Reduction Project, Y-12.--
The Committee recommends $24,000,000 to initiate the WEPAR 
project in fiscal year 2017.
    Secure Transportation Asset.--The Committee supports 
increases needed to ramp up the size of the federal agent 
workforce, but there is currently an excessive amount of prior-
year carryover available to meet fiscal year 2017 needs. The 
Committee will continue to monitor spending rates to assess 
whether additional funds are needed to support manning 
requirements.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $248,492,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans, $35,395,000 below fiscal year 2016 and 
the same as the budget request.

                    Defense Nuclear Nonproliferation


                    (INCLUDING RESCISSION OF FUNDS)

 
 
 
Appropriation, 2016...................................    $1,940,302,000
Budget estimate, 2017.................................     1,821,916,000
Recommended, 2017.....................................     1,821,916,000
Comparison:
    Appropriation, 2016...............................      -118,386,000
    Budget estimate, 2017.............................             - - -
 

    The Defense Nuclear Nonproliferation account provides 
funding to programs of the National Nuclear Security 
Administration that prevent, counter, and respond to global 
nuclear threats.
    Continuing U.S. Nonproliferation Activities in Russia.--The 
recommendation includes no new funds to enter into contracts 
and agreements with Russia in fiscal year 2017, the same as 
fiscal year 2016.

                    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. The 
Committee commends the Secretary for the Department's leading 
role in conducting a multi-agency review of nonproliferation 
programs and recommends that this process be formalized with 
findings communicated to the Committee for consideration.
    National Academy of Sciences Review.--The Secretary of 
Energy is proposing to move forward with a concept to emplace 
large quantities of pit and non-pit plutonium in order to 
support U.S. commitments under the Plutonium Management 
Disposition Agreement (PMDA) with Russia. The amount of 
radioactive materials under consideration may exceed the 
authorized disposal limits of the WIPP Land Withdrawal Act 
(LWA) and the NNSA has not yet conducted the required safety 
and environmental analyses required to support the alternative. 
Section 17 of the LWA provides a process to evaluate and 
publish analyses of plans for operating WIPP with respect to 
health, safety, and environmental issues. In accordance with 
this established statutory mandate, the NNSA shall commission 
the National Academy of Sciences to conduct a review of the 
Secretary's conceptual plans to dispose of surplus plutonium to 
include considerations of transportation, operations, 
performance assessment, compliance with Environmental 
Protection Agency and other regulations, safety analyses, and 
any other activities required to carry out this alternative 
that are pertinent to the operation of WIPP. 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 an 
update of the status of the study and an estimated date of 
completion for its review.
    Global Material Security.--Within Global Material Security, 
the recommendation includes $20,000,000 above the budget 
request for International Nuclear Security.
    Material Management and Minimization.--A significant 
portion of the highly-enriched uranium (HEU) minimization 
efforts going forward will involve multi-year research and 
development activities. To better align research and 
development-related activities with resident expertise for 
managing such activities within the Office of Defense Nuclear 
Nonproliferation, the recommendation shifts funding 
responsibility for the development of fuel for high performance 
research reactors and for demonstrating and commercially 
deploying domestic-based technologies for the production of the 
medical isotope Molybdenum-99 (Mo-99) to Defense Nuclear 
Nonproliferation Research and Development. Within Conversion, 
the recommendation includes funding requested for the 
conversion of international research reactors, including 
activities for Mo-99 production by international suppliers, at 
the full amounts requested for those activities.
    Within Material Disposition, the recommendation includes 
$5,000,000, the same as in fiscal year 2016, to continue to 
develop the conceptual plans of the MOX Alternative and to 
support independent reviews. The agreement prohibits funds from 
being used to dilute plutonium that could otherwise be used for 
MOX feedstock or to meet U.S. commitments under the PMDA. The 
recommendation does not include $1,000,000 requested for the 
Uranium Lease and Takeback Program (ULTP). The NNSA did not 
submit a legislative proposal required to use the proceeds 
generated by ULTP to meet the disposition costs of the program.
    Defense Nuclear Nonproliferation Research and 
Development.--The Committee recommends $491,566,000, 
$72,233,000 above fiscal year 2016 and $97,644,000 above the 
budget request. Within that amount, the recommendation includes 
$97,644,000, $14,000,000 above the budget request, to develop 
fuels for high performance research reactors and to demonstrate 
domestic-based technologies for Mo-99 production that utilize 
low-enriched uranium.
    High Performance Research Reactors.--A recent National 
Academies study of the NNSA's HEU minimization program found 
that the highest performance research reactors will require new 
low-enriched fuels to maintain performance and that the 
timeline for development of those fuels will take much longer 
than expected due to obstacles that are primarily technical. 
Considering the extended timelines, the NNSA 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 long-term roadmap with clear milestones and off-ramps 
for the development of fuels that are needed to support 
conversion goals. The roadmap shall incorporate regular 
independent technical and programmatic evaluations, as 
recommended by the National Academies.
    Domestic Production of Mo-99.--The Committee recommendation 
includes $44,900,000, $14,000,000 above the budget request. The 
NNSA's nonproliferation program has spearheaded efforts to 
support domestic Mo-99 production without the use of HEU, but 
its program has not met timelines in the American Medical 
Isotopes Production Act (AMIPA) and the cooperative agreements 
closest to production rely on the use of research reactors that 
use HEU. Furthermore, the U.S. may continue to rely on the 
purification services of other nations to meet U.S. demand. 
While the National Academy of Sciences is undertaking a review 
that will help provide direction, independent reviews conducted 
to date have recommended lifting the nominal $25,000,000 cap 
imposed by the NNSA. The Committee encourages the NNSA to use 
these and unencumbered prior-year balances for HEU minimization 
activities to competitively award new cooperative agreements 
that are funded up to the full amount of the 50/50 government/
industry cost share authorized by AMIPA. In particular, the 
NNSA is encouraged to consider the needs of green-field 
projects that may require a higher initial investment to be 
viable, but that do not rely on HEU and that may provide a more 
stable long-term domestic supply through diversification.
    Nonproliferation Construction.--The Committee recommends 
$340,000,000 for the Mixed Oxide Fuel Fabrication Facility 
project, the same as fiscal year 2016 and $70,000,000 above the 
budget request. The recommendation provides sufficient funding 
to sustain the current pace of construction on the MOX facility 
in fiscal year 2017 and includes a provision that prohibits the 
use of MOX funding to place the project in cold standby. The 
recommendation directs the use of $70,000,000 in prior-year 
balances that remain unexecuted because of the moratorium on 
new nonproliferation activities in Russia, in order to fully 
offset those costs in fiscal year 2017. The Committee remains 
concerned that scuttling the MOX project prior to commencing 
negotiations on modifications to the agreement will limit U.S. 
options and will lead to further cost growth if the project is 
later restarted. Furthermore, without a legislative proposal 
that would describe the legal foundation needed for carrying 
out the proposed alternative, the Department may incur fines 
that were not accounted for in the NNSA's cost analysis, costs 
which could surpass any savings assumed to be generated in this 
budget request by terminating construction in fiscal year 2017.

             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 
$271,881,000, $37,491,000 above fiscal year 2016 and the same 
as the budget request. Within that amount, the recommendation 
includes $34,775,000 for the Emergency Management and 
Operations Center. The recommendation directs the use of 
$22,000,000 in prior-year balances. The NNSA is directed to 
provide an interagency plan and cyber assessment for deploying 
a new secure communications system to support incident response 
activities not later than September 30,2016.

                       LEGACY CONTRACTOR PENSIONS

    The Committee provides $83,208,000 for payments into the 
legacy University of California contractor employee defined 
benefit pension plans, $11,409,000 below fiscal year 2016 and 
the same as the budget request.

                             Naval Reactors


 
 
 
Appropriation, 2016...................................    $1,375,496,000
Budget estimate, 2017.................................     1,420,120,000
Recommended, 2017.....................................     1,420,120,000
Comparison:
    Appropriation, 2016...............................       +44,624,000
    Budget estimate, 2017.............................             - - -
 

    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 Ohio-Replacement ballistic missile submarine and 
refuel the S8G prototype, which is closely linked to the Ohio-
Replacement.
    Ohio-Replacement Reactor Systems Development.--The 
Committee recommends $213,700,000, $26,900,000 above fiscal 
year 2016 and the same as the budget request.
    S8G Prototype Refueling.--The Committee recommends 
$124,000,000, $9,000,000 below fiscal year 2016 and the same as 
the budget request.
    Naval Reactors Development.--The Committee recommends 
$442,838,000, $4,058,000 below fiscal year 2016 and $5,500,000 
above the budget request. Within this amount, $75,100,000 is 
provided for Advanced Test Reactor operations.
    Spent Fuel Handling Recapitalization Project.--The 
Committee recommends $100,000,000, $14,000,000 above fiscal 
year 2016 and the same as the budget request.

                     Federal Salaries and Expenses


 
 
 
Appropriation, 2016...................................      $383,666,000
Budget estimate, 2017.................................       412,817,000
Recommended, 2017.....................................       382,387,000
Comparison:
    Appropriation, 2016...............................        -1,279,000
    Budget estimate, 2017.............................       -30,430,000
 

    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.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES


                     Defense Environmental Cleanup


 
 
 
Appropriation, 2016...................................    $5,289,742,000
Budget estimate, 2017.................................     5,235,350,000
Recommended, 2017.....................................     5,226,950,000
Comparison:
    Appropriation, 2016...............................       -62,792,000
    Budget estimate, 2017.............................        -8,400,000
 

    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.
    Hanford Site.--The Committee recommendation includes an 
additional $17,000,000 above the budget request to assist in 
the treatment of uranium in the groundwater and an additional 
$20,947,000 above the budget request to expedite cleanup 
activities on the River Corridor. The Department is directed to 
submit a new project data sheet for the KW Basin Sludge Removal 
Project following completion of the planned external 
independent review of the project, as stated in the budget 
request. For project 15-D-409 Low Activity Waste Pretreatment 
System, none of the funds may be available to award a CD-3 or 
CD-3a until an independent cost estimate has been performed, in 
accordance with the provisions in this Act, and a complete 
project data sheet is provided to the Committees on 
Appropriations of both Houses of Congress.
    Idaho Site.--The Committee recommendation includes 
$20,000,000 above the budget request to support commissioning 
and startup activities at the Integrated Waste Treatment Unit 
and to complete the Advanced Mixed Waste Treatment 
Infrastructure Reliability Project ensuring equipment 
availability to support transuranic waste commitments.
    Oak Ridge Reservation.--The Committee recommendation 
includes an increase of $13,107,000 above the budget request to 
expedite decontamination and decommissioning of high-risk 
excess facilities of the Oak Ridge Reservation and an increase 
of $6,989,000 above the budget request to accelerate U233 
processing campaign preparations. The recommendation includes a 
new start for the Environmental Management Waste Management 
Facility. Expediting the design, construction, and operation of 
the new landfill is critical to providing a cost-effective 
waste disposal option in support of the decontamination and 
decommissioning of excess facilities on the site.
    Savannah River Site.--Within Site Risk Management, the 
Committee sustains funding for operations and maintenance at 
the fiscal year 2016 level and provides an increase of 
$18,000,000 above last year's level that is needed to pay for 
increased contractor pension costs. Within available funds for 
Site Risk Management, the Committee includes $3,000,000 to 
support the disposition of spent fuel from the High Flux 
Isotope Reactor. While the Committee recommendation continues 
to provide funding for Site Risk Management within one 
reprogramming control point, that does not preclude the Office 
of Environmental Management from executing those funds within 
its new sub-activities proposed in the budget request.
    No funds are provided to support a new start for Saltstone 
Disposal Unit #7. The Department does not have an approved 
mission need or pre-conceptual design for this project and did 
not provide the basic details of its project plans in its 
budget request justifications.
    Waste Isolation Pilot Plant (WIPP).--The Committee 
recommends $292,720,000, $7,258,000 below fiscal year 2016 and 
$30,467,000 above the budget request. Within this amount, 
$3,887,000 is for general plant projects. The Department is 
directed to proceed expeditiously with the testing and 
qualification of continuous air monitors and dampers to 
validate they will perform as designed. The readiness of these 
technologies is essential to finalizing the safety basis of the 
new ventilation system, which must be done to advance the 
project. Separate funding requested for payments to the State 
of New Mexico within WIPP operations and maintenance is 
provided in a separate line, as described below.
    While the Department has been pursuing an aggressive plan 
to resume limited waste emplacement operations at WIPP, the 
Committee is concerned that the Department has pushed back 
investments that are needed to attain full recovery of the 
facility. Operating WIPP at substandard ventilation rates for 
an extended period of time is not acceptable and full recovery 
needs to remain a high priority for the Department. Additional 
funding above the budget request is provided to the 15-D-412 
Exhaust Shaft project, which does not have outstanding design 
issues and can proceed quickly once adequate funding is 
provided.
    CB-0101 Economic Assistance to the State of New Mexico.--
The Committee recommends $26,800,000 to fulfill commitments 
made by the Department of Energy to the State of New Mexico as 
agreed to in the Settlement Agreement and Stipulated Final 
Order, No. HWB-14-21 (CO) approved by the New Mexico 
Environment Department on January 22, 2016. The WIPP Land 
Withdrawal Act (LWA) (P.L. 102-579) authorized payments to the 
State of New Mexico in the amount of $20,000,000 (adjusted for 
inflation) for each of the 14 fiscal years beginning with 
fiscal year 1998 under section 15(a) of the Act. The last 
authorized payment under the Act was completed in fiscal year 
2011. The LWA does not include specific authorized amounts for 
subsequent payments under Sec. 15(b). The bill includes a 
provision that specifies by what authority and the specific 
amounts to be provided for additional payments under Sec.15(b) 
in fiscal year 2017 and ensures those funds are separate from 
any funds for the Waste Isolation Pilot Plant, consistent with 
previous authorizations under 15(a).
    Technology Development.--Within funding for technology 
development and deployment, $4,000,000 is provided for the 
National Spent Fuel Program to lead nuclear material treatment, 
storage and disposition activities of DOE-owned and managed 
used fuel. The Committee encourages the Department to ensure 
that technology development funds are competitively awarded.
    Use of prior-year balances.--The Committee directs the use 
of $5,921,000 in unobligated prior-year balances greater than 
five years old and $8,400,000 in unexpended prior-year balances 
from Los Alamos National Laboratory.

                        Other Defense Activities


 
 
 
Appropriation, 2016...................................      $776,425,000
Budget estimate, 2017.................................       791,552,000
Recommended, 2017.....................................       776,425,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................       -15,127,000
 

    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.

                    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 (P.L. 95-91). These functions include the power 
marketing activities authorized under section 5 of the Flood 
Control Act of 1944 and all other functions of the Bonneville 
Power Administration, the Southeastern Power Administration, 
the Southwestern Power Administration, and the power marketing 
functions of the Bureau of Reclamation that have been 
transferred to the Western Area Power Administration.
    All four power marketing administrations give preference in 
the sale of their power to publicly-owned and cooperatively-
owned utilities. Operations of the Bonneville Power 
Administration are financed principally under the authority of 
the Federal Columbia River Transmission System Act (P.L. 93-
454). Under this Act, the Bonneville Power Administration is 
authorized to use its revenues to finance the costs of its 
operations, maintenance, and capital construction, and to sell 
bonds to the Treasury if necessary to finance any additional 
capital program requirements.
    Beginning in fiscal year 2011, power revenues from the 
Southeastern, Southwestern, and Western Area Power 
Administrations, which were previously classified as mandatory 
offsetting receipts, were reclassified as discretionary 
offsetting collections to directly offset annual expenses. The 
capital expenses of Southwestern and Western Area Power 
Administrations are appropriated annually.

                  Bonneville Power Administration Fund

    The Bonneville Power Administration 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 appreciates the Northwest Power and 
Conservation Council's advisory role to the Bonneville Power 
Administration. The Committee reminds the Council that its sole 
mission is development of the domestic Northwest Power Plan and 
Columbia River Basin Fish and Wildlife Program. The Council has 
no formal role in consultation and negotiations of the Columbia 
River Treaty.

      Operation and Maintenance, Southeastern Power Administration


 
 
 
Appropriation, 2016...................................            $- - -
Budget estimate, 2017.................................             - - -
Recommended, 2017.....................................             - - -
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................             - - -
 

    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.
    The total program level for SEPA in fiscal year 2017 is 
$84,929,000, with $78,929,000 for purchase power and wheeling 
and $6,000,000 for program direction. The purchase power and 
wheeling costs will be offset by collections of $60,760,000, 
and annual expenses will be offset by collections of $1,000,000 
provided in this Act and the use of prior-year balances of 
$5,000,000. Additionally, SEPA has identified $18,169,000 in 
alternative financing for purchase power and wheeling. The net 
appropriation, therefore, is $0 in the recommendation and the 
budget request.

      Operation and Maintenance, Southwestern Power Administration


 
 
 
Appropriation, 2016...................................       $11,400,000
Budget estimate, 2017.................................        11,057,000
Recommended, 2017.....................................        11,057,000
Comparison:
    Appropriation, 2016...............................          -343,000
    Budget estimate, 2017.............................             - - -
 

    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.
    The Committee recommendation for the Southwestern Power 
Administration is a net appropriation of $11,057,000. The total 
program level for Southwestern in fiscal year 2017 is 
$140,898,000, including $13,896,000 for operation and 
maintenance expenses, $83,000,000 for purchase power and 
wheeling, $31,516,000 for program direction, and $12,486,000 
for construction. Offsetting collections total $107,586,000, 
including $5,315,000 for operations and maintenance, 
$73,000,000 for purchase power and wheeling, and $29,271,000 
for program direction. Southwestern estimates it will secure 
alternative financing from customers in the amount of 
$22,255,000.

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


 
 
 
Appropriation, 2016...................................       $93,372,000
Budget estimate, 2017.................................        95,581,000
Recommended, 2017.....................................        95,581,000
Comparison:
    Appropriation, 2016...............................            +2,209
    Budget estimate, 2017.............................             - - -
 

    The Western Area Power Administration is responsible for 
marketing the electric power generated by the Bureau of 
Reclamation, the Corps, and the International Boundary and 
Water Commission. Western also operates and maintains a system 
of transmission lines nearly 17,000 miles long. Western 
provides electricity to 15 western states over a service area 
of 1.3 million square miles.
    The Committee recommendation for the Western Area Power 
Administration is a net appropriation of $95,581,000, the same 
as the budget request. The total program level for Western in 
fiscal year 2017 is recommended at $947,270,000, which includes 
$62,442,000 for construction and rehabilitation, $76,697,000 
for system operation and maintenance, $581,634,000 for purchase 
power and wheeling, and $226,497,000 for program direction. 
Offsetting collections include $578,572,000 for purchase power 
and wheeling and annual expenses, and the use of $8,265,000 of 
offsetting collections from the Colorado River Dam Fund (as 
authorized in P.L. 98-381). Western Area estimates it will 
secure alternative financing from customers in the amount of 
$264,852,000.
    The Committee continues to hear strong concern about the 
transparency of Western's budget and expenditures by it. In 
particular, there is concern that staffing levels have grown 
significantly in recent years, including an additional 51 full-
time equivalents proposed for fiscal year 2017. In response to 
these concerns, Western shall not proceed with the staffing 
level increase proposed in the fiscal year 2017 budget request 
until such time as Western has provided to the Committee a 
briefing on the need for increased staffing levels over the 
past five years. The briefing shall include a comparison of 
staffing levels at non-federal entities responsible for the 
marketing of power and operation and maintenance of 
transmission systems.

           Falcon and Amistad Operating and Maintenance Fund


 
 
 
Appropriation, 2016...................................          $228,000
Budget estimate, 2017.................................           232,000
Recommended, 2017.....................................           232,000
Comparison:
    Appropriation, 2016...............................            +4,000
    Budget estimate, 2017.............................             - - -
 

    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 2017 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 recommendation is a net appropriation of 
$232,000, the same as the budget request. The total program 
level is $4,393,000, with $3,838,000 of offsetting collections 
applied toward annual expenses and $323,000 of alternative 
financing.
    The Committee continues to hear concerns that additional 
infrastructure investments are necessary at these dams, yet 
nothing is included in the budget request. Western is directed 
to coordinate with the International Boundary and Water 
Commission to determine a plan for addressing any needed 
improvements.

                  Federal Energy Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2016...................................      $319,800,000
Budget estimate, 2017.................................       346,800,000
Recommended, 2017.....................................       346,800,000
Comparison:
    Appropriation, 2016...............................       +27,000,000
    Budget estimate, 2017.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2016...................................     $-319,800,000
Budget estimate, 2017.................................      -346,800,000
Recommended, 2017.....................................      -346,800,000
Comparison:
    Appropriation, 2016...............................       -27,000,000
    Budget estimate, 2017.............................             - - -
 

    The Committee recommendation for the Federal Energy 
Regulatory Commission (FERC) is $346,800,000, the same as the 
budget request. Revenues for FERC are established at a rate 
equal to the budget authority, resulting in a net appropriation 
of $0.
    The Committee is aware that concerns remain about the 
degree of consideration given by FERC to the rights and 
concerns of private property owners during the process for 
developing, reviewing, and approving shoreline management 
plans. The Committee reiterates its support for the expeditious 
development and implementation of innovative and mutually 
agreeable solutions to resolve conflicts among project purposes 
and private property at specific locations.

                        COMMITTEE RECOMMENDATION

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


                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


              (INCLUDING TRANSFER AND RESCISSION 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; and 
prohibits the obligation or expenditure of funds provided in 
this title through a reprogramming of funds except in certain 
circumstances.
    The bill continues a provision that permits the transfer 
and merger of unexpended balances of prior appropriations with 
appropriation accounts established in this bill.
    The bill continues a provision that authorizes intelligence 
activities of the Department of Energy for purposes of section 
504 of the National Security Act of 1947.
    The bill continues a provision that prohibits the use of 
funds in this title for capital construction of high hazard 
nuclear facilities, unless certain independent oversight is 
conducted.
    The bill continues a provision that prohibits the use of 
funds provided in this title to approve critical decision-2 or 
critical decision-3 for certain construction projects, unless a 
separate independent cost estimate has been developed for that 
critical decision.
    The bill continues a provision restricting certain 
activities in the Russian Federation.
    The bill continues a provision regarding management of the 
Strategic Petroleum Reserve.
    The bill includes a provision rescinding unobligated 
balances.
    The bill includes a provision that allows funding to be 
allocated to certain project engineering and design activities.

                     TITLE IV--INDEPENDENT AGENCIES


                    Appalachian Regional Commission


 
 
 
Appropriation, 2016...................................      $146,000,000
Budget estimate, 2017.................................       120,000,000
Recommended, 2017.....................................       146,000,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................       +26,000,000
 

    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.
    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


 
 
 
Appropriation, 2016...................................       $29,150,000
Budget estimate, 2017.................................        31,000,000
Recommended, 2017.....................................        31,000,000
Comparison:
    Appropriation, 2016...............................        +1,850,000
    Budget estimate, 2017.............................             - - -
 

    The Defense Nuclear Facilities Safety Board (DNFSB) was 
created by the fiscal year 1989 National Defense Authorization 
Act. The Board, composed of five members appointed by the 
President, provides advice and recommendations to the Secretary 
of Energy regarding public health and safety issues at the 
Department's defense nuclear facilities. The DNFSB is 
responsible for reviewing and evaluating the content and 
implementation of the standards relating to the design, 
construction, operation, and decommissioning of the Department 
of Energy's defense nuclear facilities. The Committee expects 
the DNFSB to continue to play a significant role in 
scrutinizing the Department's safety and security activities, 
including the reform initiatives underway in the Department 
that may impact projects under its jurisdiction.

                        Delta Regional Authority


 
 
 
Appropriation, 2016...................................       $25,000,000
Budget estimate, 2017.................................        15,936,000
Recommended, 2017.....................................        15,000,000
Comparison:
    Appropriation, 2016...............................       -10,000,000
    Budget estimate, 2017.............................          -936,000
 

    The Delta Regional Authority (DRA) is a federal-state 
partnership established by the Delta Regional Authority Act of 
2000 (P.L. 106-554) that serves a 252-county/parish area in an 
eight-state region near the mouth of the Mississippi River. Led 
by a federal co-chair and the governors of each participating 
state, the DRA is designed to remedy severe and chronic 
economic distress by stimulating economic development and 
fostering partnerships that will have a positive impact on the 
region's economy. The DRA seeks to help local communities 
leverage other federal and state programs that are focused on 
basic infrastructure development, transportation improvements, 
business development, and job training services. Under federal 
law, at least 75 percent of appropriated funds must be invested 
in distressed counties and parishes, with 50 percent of the 
funds earmarked for transportation and basic infrastructure 
improvements.

                           Denali Commission


 
 
 
Appropriation, 2016...................................       $11,000,000
Budget estimate, 2017.................................        15,000,000
Recommended, 2017.....................................        11,000,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................        -4,000,000
 

    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.

                  Northern Border Regional Commission


 
 
 
Appropriation, 2016...................................        $7,500,000
Budget estimate, 2017.................................         5,000,000
Recommended, 2017.....................................         5,000,000
Comparison:
    Appropriation, 2016...............................        -2,500,000
    Budget estimate, 2017.............................             - - -
 

    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 Committee has continued legislative language 
addressing the Commission's administrative expenses.

                 Southeast Crescent Regional Commission


 
 
 
Appropriation, 2016...................................          $250,000
Budget estimate, 2017.................................             - - -
Recommended, 2017.....................................           250,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................          +250,000
 

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

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

 
 
 
Appropriation, 2016...................................      $990,000,000
Budget estimate, 2017.................................       970,163,000
Recommended, 2017.....................................       936,121,000
Comparison:
    Appropriation, 2016...............................       -53,879,000
    Budget estimate, 2017.............................       -34,042,000
 

                                REVENUES

 
 
 
Appropriation, 2016...................................     $-872,864,000
Budget estimate, 2017.................................      -851,161,000
Recommended, 2017.....................................      -786,853,000
Comparison:
    Appropriation, 2016...............................       +86,011,000
    Budget estimate, 2017.............................       +64,308,000
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2016...................................      $117,136,000
Budget estimate, 2017.................................       119,002,000
Recommended, 2017.....................................       149,268,000
Comparison:
    Appropriation, 2016...............................       +32,132,000
    Budget estimate, 2017.............................       +30,266,000
 

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

                                             (Dollars in thousands)
----------------------------------------------------------------------------------------------------------------
                                                           FY 2016 enacted    FY 2017 request       Cmte. rec.
                         Account
----------------------------------------------------------------------------------------------------------------
Nuclear Reactor Safety.................................           $501,702           $506,900           $483,802
Nuclear Materials and Waste Safety.....................            113,658            116,400            113,173
Decommissioning and Low-Level Waste....................             28,404             27,800             26,690
Integrated University Program..........................             15,000                  0             15,000
Yucca licensing........................................                  0                  0             20,000
Corporate Support......................................            331,236            319,100            305,456
                                                        --------------------------------------------------------
        Total, Program Level...........................            990,000            970,200            964,121
Use of carryover balances..............................              - - -              - - -            -25,000
Reduction to International Activities..................              - - -              - - -             -3,000
        Total..........................................            990,000            970,200            936,121
----------------------------------------------------------------------------------------------------------------

    The recommendation includes $31,079,000 in rebaselining 
savings for fiscal year 2017 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. The 
recommendation provides for the use of $25,000,000 in estimated 
carryover balances in lieu of new appropriation and reduces 
international activities by $3,000,000 from the level proposed 
in the budget request.
    The recommendation establishes Corporate Support as a new 
control point. The funds provided for Corporate Support have 
been reduced by $3,644,000 as a result of the savings 
identified in the rebaselining process and by $10,000,000 to 
further accelerate the right-sizing of Corporate Support 
activities. While the Committee notes that the Commission has 
adopted many of the recommendations proposed by the independent 
review of corporate support requirements, more needs to be done 
to reduce corporate support costs.
    Within available funds, not more than $7,500,000 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 are not 
to include 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 $20,000,000 to continue 
adjudication of the Yucca Mountain license application and does 
not include the savings from the rebaselining proposal to 
reduce resources devoted to maintaining expertise in deep 
geological repository analysis. The Committee reiterates that 
the Administration's refusal to move forward with the Yucca 
Mountain license application ignores current law and does not 
advance the nation's need for a permanent repository. The 
recommendation continues language prohibiting the Chairman of 
the NRC from terminating any program, project, or activity 
without the approval of a majority of the Commissioners. The 
NRC is directed to report to the Committees on Appropriations 
of both Houses of Congress, not later than January 5, 2017, on 
the plan to complete the license application and additional 
funding needs as necessary. In addition, the recommendation 
requires the NRC to notify and report to the Committees on 
Appropriations of both Houses of Congress on the use of 
emergency functions.
    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. Not less than 
$5,000,000 of this amount 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.
    Rulemaking.--The authority to compel and bind private 
entities and individuals to certain actions is a significant 
authority under the law. The Committee commends the Commission 
for establishing a rulemaking plan that is in alignment with 
the direction provided by Congress but notes that the 
Commission ``has neither approved nor disapproved reaffirming 
the current role of the Committee to Review Generic 
Requirements''. The Committee directs the Commission to report 
by August 1, 2016 on how the rulemaking process will adhere to 
the backfit rule and on the roles of the Advisory Committee on 
Reactor Safety and the Committee to Review Generic 
Requirements. The Commission needs to continue to aggressively 
monitor the rulemaking process and also ensure that the 
Committee receives accurate reports on rulemaking activities. 
The Commission shall list all rulemaking activities planned, to 
include their priority and schedule in the annual budget 
request and the semi-annual report to Congress on licensing and 
regulatory activities.
    Digital Instrumentation and Control.--The future of 
commercial nuclear power in the 21st century depends, in part, 
on the NRC's ability to keep pace with innovation and 
technological developments. NRC has demonstrated its capacity 
to adapt to new technology and innovation in its decision to 
issue a construction license for a first-of-a-kind medical 
isotope production facility. In a similar vein, NRC should 
endeavor to ensure that it establishes an efficient, reliable, 
and predictable licensing process for power reactors to 
transition from analog to digital instrumentation and control 
systems for safety-related applications.
    Subsequent License Renewal.--The Committee has received the 
March 15, 2016, report on the plan and timetable for completing 
the remaining activities necessary to accept, docket, and 
support the review of the first application for subsequent 
license renewal. The report states that the NRC will ``be fully 
prepared to effectively and efficiently review any subsequent 
license renewal applications that are submitted'' by mid-2017. 
The Committee directs the Commission to report by March 15, 
2017, on the NRC's progress to meet this mid-2017 goal.
    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.

                      OFFICE OF INSPECTOR GENERAL

                          GROSS APPROPRIATION

 
 
 
Appropriation, 2016...................................       $12,136,000
Budget estimate, 2017.................................        12,129,000
Recommended, 2017.....................................        12,129,000
Comparison:
    Appropriation, 2016...............................            -7,000
    Budget estimate, 2017.............................             - - -
 

                                REVENUES

 
 
 
Appropriation, 2016...................................      $-10,060,000
Budget estimate, 2017.................................       -10,044,000
Recommended, 2017.....................................       -10,044,000
Comparison:
    Appropriation, 2016...............................           +16,000
    Budget estimate, 2017.............................             - - -
 

                           NET APPROPRIATION

 
 
 
Appropriation, 2016...................................        $2,076,000
Budget estimate, 2017.................................         2,085,000
Recommended, 2017.....................................         2,085,000
Comparison:
    Appropriation, 2016...............................            +9,000
    Budget estimate, 2017.............................             - - -
 

    The Committee has included $969,000 within this 
appropriation for Inspector General services for the Defense 
Nuclear Facilities Safety Board from the Nuclear Regulatory 
Commission Inspector General.

                  Nuclear Waste Technical Review Board


 
 
 
Appropriation, 2016...................................        $3,600,000
Budget estimate, 2017.................................         3,600,000
Recommended, 2017.....................................         3,600,000
Comparison:
    Appropriation, 2016...............................             - - -
    Budget estimate, 2017.............................             - - -
 

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

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

                      TITLE V--GENERAL PROVISIONS

    The bill continues a provision that prohibits the use of 
funds provided in this Act to, in any way, directly or 
indirectly influence congressional action on any legislation or 
appropriation matters pending before the Congress, other than 
to communicate to Members of Congress as described in section 
1913 of Title 18, United States Code.
    The bill continues a provision consolidating the transfer 
authorities into and out of accounts funded by this Act. No 
additional transfer authority is implied or conveyed by this 
provision. For the purposes of this provision, the term 
``transfer'' shall mean the shifting of all or part of the 
budget authority in one account to another.
    The bill continues a provision prohibiting funds in 
contravention of E.O. 12898 of February 11, 1994, regarding 
environmental justice.
    The bill includes a provision prohibiting funds in this Act 
from being used to maintain or establish computer networks 
unless such networks block the viewing, downloading, or 
exchange of pornography.
    The bill 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 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 
for the removal of any federally-owned or operated dam.
    The bill includes a provision setting at $0 the amount that 
the proposed new budget authority in this recommendation 
exceeds the allocation made by the Committee on Appropriations 
under section 302(b) of the Congressional Budget Act of 1974.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

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

         Statement of General Performance Goals and Objectives

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

                           Transfer of Funds

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

                   TITLE I--CORPS OF ENGINEERS--CIVIL

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

                    TITLE II--BUREAU OF RECLAMATION

    Under ``Water and Related Resources'', $22,000 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 section 302, ``General Provisions--Department of 
Energy'', unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation 
accounts for such activities established pursuant to this 
title. Balances so transferred may be merged with funds in the 
applicable established accounts and thereafter may be accounted 
for as one fund for the same time period as originally enacted.

   Disclosure of Earmarks and Congressionally Directed Spending Items

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

               Changes in the Application of Existing Law

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

                      TITLE I--CORPS OF ENGINEERS

    Language has been included under Corps of Engineers, 
Investigations, providing for detailed studies and plans and 
specifications of projects prior to construction.
    Language has been included under Corps of Engineers, 
Investigations, providing for a limited number of new starts.
    Language has been included under Corps of Engineers, 
Construction, stating that funds can be used for the 
construction of river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and 
related projects authorized by law, and for detailed studies 
and plans and specifications of such projects.
    Language has been included under Corps of Engineers, 
Construction, permitting the use of funds from the Inland 
Waterways Trust Fund and the Harbor Maintenance Trust Fund.
    Language has been included under Corps of Engineers, 
Construction, providing for a limited number of new starts.
    Language has been included under Corps of Engineers, 
Mississippi River and Tributaries, permitting the use of funds 
from the Harbor Maintenance Trust Fund.
    Language has been included under the Corps of Engineers, 
Operation and Maintenance, stating that funds can be used for: 
the operation, maintenance, and care of existing river and 
harbor, flood and storm damage reduction, aquatic ecosystem 
restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; 
maintaining authorized harbor channels provided by a State, 
municipality, or other public agency that serve essential 
navigation needs of general commerce; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to 
navigation.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, permitting the use of funds from the 
Harbor Maintenance Trust Fund; providing for the use of funds 
from a special account for resource protection, research, 
interpretation, and maintenance activities at outdoor 
recreation areas; and allowing use of funds to cover the cost 
of operation and maintenance of dredged material disposal 
facilities for which fees have been collected.
    Language has been included under Corps of Engineers, 
Operation and Maintenance, providing that one percent of the 
total amount of funds provided for each of the programs, 
projects, or activities funded under the Operation and 
Maintenance heading shall not be allocated to a field operating 
activity until the fourth quarter of the fiscal year and 
permitting the use of these funds for emergency activities as 
determined by the Chief of Engineers to be necessary and 
appropriate.
    Language has been included under Corps of Engineers, 
Expenses, regarding support of the Humphreys Engineer Support 
Center Activity, the Institute for Water Resources, the United 
States Army Engineer Research and Development Center, and the 
United States Army Corps of Engineers Finance Center.
    Language has been included under Corps of Engineers, 
Expenses, providing that funds are available for official 
reception and representation expenses.
    Language has been included under Corps of Engineers, 
Expenses, prohibiting the use of other funds in Title I of this 
Act for the activities funded in Expenses.
    Language has been included under Corps of Engineers, 
Expenses, permitting any Flood Control and Coastal Emergency 
appropriation to be used to fund the supervision and general 
administration of emergency operations, repairs, and other 
activities in response to any flood, hurricane or other natural 
disaster.
    Language has been included to provide for funding for the 
Office of the Assistant Secretary of the Army for Civil Works.
    Language has been included under Corps of Engineers, 
General Provisions, section 101, providing that none of the 
funds may be available for obligation or expenditure through a 
reprogramming of funds except in certain circumstances.
    Language has been included under Corps of Engineers, 
General Provisions, section 102, prohibiting the execution of 
any contract for a program, project or activity which commits 
funds in excess of the amount appropriated (to include funds 
reprogrammed under section 101) that remain unobligated.
    Language has been included under Corps of Engineers, 
General Provisions, section 103, providing for transfer 
authority to the Fish and Wildlife Service for mitigation for 
lost fisheries.
    Language has been included under Corps of Engineers, 
General Provisions, section 104, prohibiting certain dredged 
material disposal activities.
    Language has been included under Corps of Engineers, 
General Provisions, section 105, prohibiting any acquisition 
that is not consistent with a certain federal regulation.
    Language has been included under Corps of Engineers, 
General Provisions, section 106, prohibiting certain activities 
at a Corps of Engineers project.
    Language has been included under Corps of Engineers, 
General Provisions, section 107, providing authority to the 
Secretary of the Army regarding a water supply storage 
contract.
    Language has been included under Corps of Engineers, 
General Provisions, section 108, prohibiting certain actions 
related to the definition of fill material or discharge of fill 
material for purposes of the Federal Water Pollution Control 
Act.
    Language has been included under Corps of Engineers, 
General Provisions, section 109, 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 110, prohibiting certain actions 
related to the definition of waters under the jurisdiction of 
the Federal Water Pollution Control Act.
    Language has been included under Corps of Engineers, 
General Provisions, section 111 allowing the possession of 
firearms at water resources development projects under certain 
circumstances.

                  TITLE II--DEPARTMENT OF THE INTERIOR

    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds are available 
for fulfilling federal responsibilities to Native Americans and 
for grants to and cooperative agreements with State and local 
governments and Indian tribes.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, allowing fund transfers within the 
overall appropriation to the Upper Colorado River Basin Fund 
and the Lower Colorado River Basin Development Fund; providing 
that such sums as necessary may be advanced to the Colorado 
River Dam Fund; and, transfers may be increased or decreased 
within the overall appropriation.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing for funds to be derived 
from the Reclamation Fund or the special fee account 
established by 16 U.S.C. 6806; that funds contributed under 43 
U.S.C. 395 by non-federal entities shall be available for 
expenditure; and that funds advanced under 43 U.S.C. 397a are 
to be credited to the Water and Related Resources account and 
available for expenditure.
    Language has been included under Bureau of Reclamation, 
Water and Related Resources, providing that funds may be used 
for high priority projects carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, directing the Bureau 
of Reclamation to assess and collect the full amount of 
additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575.
    Language has been included under Bureau of Reclamation, 
Central Valley Project Restoration Fund, providing that none of 
the funds under the heading may be used for the acquisition or 
lease of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court order adopted by 
consent or decree.
    Language has been included under Bureau of Reclamation, 
California Bay-Delta Restoration, permitting the transfer of 
funds to appropriate accounts of other participating federal 
agencies to carry out authorized programs; allowing funds made 
available under this heading to be used for the federal share 
of the costs of the CALFED Program management; and requiring 
that CALFED implementation be carried out with clear 
performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the program.
    Language has been included under Bureau of Reclamation, 
Policy and Administration, providing that funds are to be 
derived from the Reclamation Fund and prohibiting the use of 
any other appropriation in the Act for activities budgeted as 
policy and administration expenses.
    Language has been included under Bureau of Reclamation, 
Administrative Provision, providing for the purchase of motor 
vehicles for replacement.
    Language has been included under General Provisions, 
Department of the Interior, section 201, providing that none of 
the funds may be available for obligation or expenditure 
through a reprogramming of funds except in certain 
circumstances.
    Language has been included under General Provisions, 
Department of the Interior, section 202, regarding the San Luis 
Unit and the Kesterson Reservoir in California.
    Language has been included under General Provisions, 
Department of the Interior, section 203, regarding the deadline 
for completion of certain water storage feasibility studies.
    Language has been included under General Provisions, 
Department of the Interior, section 204, related to the Old and 
Middle River reverse flow operations in California.
    Language has been included under General Provisions, 
Department of the Interior, section 205, authorizing increased 
Old and Middle River reverse flows in California during certain 
times.
    Language has been included under General Provisions, 
Department of the Interior, section 206, regarding certain 
water rights and water supply deliveries in California.
    Language has been included under General Provisions, 
Department of the Interior, section 207, prohibiting funds to 
implement the San Joaquin River Restoration program.
    Language has been included under General Provisions, 
Department of the Interior, section 208, prohibiting funds for 
instream flow purchases in California carried out by the Bureau 
of Reclamation at certain times.
    Language has been included under General Provisions, 
Department of the Interior, section 209, regarding water 
storage at New Melones reservoir.

                    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; and for the purchase of motor vehicles.
    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 cost 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 Science providing for the 
purchase, construction, and acquisition of plant and capital 
equipment; and for the purchase of motor vehicles.
    Language has been included under 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 Departmental 
Administration providing for the hire of passenger vehicles and 
for official reception and representation expenses.
    Language has been included under Departmental 
Administration providing, notwithstanding the provisions of the 
Anti-Deficiency Act, such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others, as long as such increases are offset by revenue 
increases of the same or greater amounts.
    Language has been included under Departmental 
Administration, notwithstanding 31 U.S.C. 3302, and consistent 
with the authorization in Public Law 95-238, to permit the 
Department of Energy to use revenues to offset appropriations. 
The appropriations language for this account reflects the total 
estimated program funding to be reduced as revenues are 
received.
    Language has been included under Weapons Activities for the 
purchase, construction, and acquisition of plant and capital 
equipment; and for the purchase of motor vehicles.
    Language has been included under Weapons Activities 
rescinding funds that were not designated by the Congress as 
emergency funding.
    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 Defense Nuclear 
Nonproliferation restricting the use of funds provided for a 
specific project.
    Language has been included under Defense Nuclear 
Nonproliferation rescinding funds that were not designated by 
the Congress as emergency funding.
    Language has been included under Naval Reactors for the 
purchase, construction, and acquisition of plant and capital 
equipment, facilities, and facility expansion.
    Language has been included under Federal Salaries and 
Expenses providing funding for official reception and 
representation expenses.
    Language has been included under Defense Environmental 
Cleanup for the purposes of providing amounts for certain 
payments under the Waste Isolation Pilot Plant Land Withdrawal 
Act.
    Language has been included under Defense Environmental 
Cleanup for the purchase, construction, and acquisition of 
plant and capital equipment; and for the purchase of motor 
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 Bonneville Power 
Administration Fund providing funding for official reception 
and representation expenses and precluding any new direct loan 
obligations.
    Language has been included under Southeastern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southeastern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southeastern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Southwestern Power 
Administration providing funds for official reception and 
representation expenses.
    Language has been included under Southwestern Power 
Administration providing that, notwithstanding 31 U.S.C. 3302 
and 16 U.S.C. 825s, amounts collected from the sale of power 
and related services shall be credited to the account as 
discretionary offsetting collections and remain available until 
expended for the sole purpose of funding the annual expenses of 
the Southwestern Power Administration; amounts collected to 
recover purchase power and wheeling expenses shall be credited 
to the account as offsetting collections and remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration, providing funds for official reception and 
representation expenses.
    Language has been included under Construction, 
Rehabilitation, Operation and Maintenance, Western Area Power 
Administration providing that, notwithstanding 31 U.S.C. 3302, 
16 U.S.C. 825s, and 43 U.S.C. 392a, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the Western Area Power Administration; 
amounts collected to recover purchase power and wheeling 
expenses shall be credited to the account as offsetting 
collections and remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that, notwithstanding 
68 Stat. 255 and 31 U.S.C. 3302, amounts collected from the 
sale of power and related services shall be credited to the 
account as discretionary offsetting collections and remain 
available until expended for the sole purpose of funding the 
annual expenses of the hydroelectric facilities of those dams 
and associated Western Area Power Administration activities.
    Language has been included under Falcon and Amistad 
Operating and Maintenance Fund providing that the Western Area 
Power Administration may accept a limited amount of 
contributions from the United States power customers of the 
Falcon and Amistad Dams for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for operating and maintenance of hydroelectric 
facilities.
    Language has been included under Federal Energy Regulatory 
Commission to permit the hire of passenger motor vehicles, to 
provide official reception and representation expenses, and to 
permit the use of revenues collected to reduce the 
appropriation as revenues are received.
    Language has been included under Department of Energy, 
General Provisions, section 301, prohibiting the use of funds 
to prepare or initiate requests for proposals or other 
solicitations or arrangements for programs that have not yet 
been fully funded by the Congress; requiring notification and 
reporting requirements for certain funding awards; limiting the 
use of multi-year funding mechanisms; and 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 Department of Energy, 
General Provisions, section 302, 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 303, providing that funds for 
intelligence activities are deemed to be specifically 
authorized for purposes of section 504 of the National Security 
Act of 1947 during fiscal year 2017 until enactment of the 
Intelligence Authorization Act for fiscal year 2017.
    Language has been included under Department of Energy, 
General Provisions, section 304, 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 305, 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 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, rescinding certain funds that 
were not designated by the Congress as emergency funding.
    Language has been included under Department of Energy, 
General Provisions, section 309, making funds available for 
project engineering and design of the Consolidated Emergency 
Operations Center.

                     TITLE IV--INDEPENDENT AGENCIES

    Language has been included under Appalachian Regional 
Commission providing for the hire of passenger vehicles and 
allowing the expenditure of funds as authorized by the 
Appalachian Regional Development Act of 1965, without regard to 
section 14704 of title 40, United States Code.
    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 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 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 506, 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 507, prohibiting the use of funds for the removal of 
any federally-owned or operated dam.
    Language has been included under General Provisions, 
section 508, 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):

 SECTION 205 OF DIVISION D OF THE CONSOLIDATED APPROPRIATIONS ACT, 2016


    Sec. 205. The Secretary of the Interior, acting through the 
Commissioner of Reclamation, shall--
            (1) complete the feasibility studies described in 
        clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 
        Public Law 108-361 (118 Stat. 1684) and submit such 
        studies to the appropriate committees of the House of 
        Representatives and the Senate not later than December 
        31, 2015;
            (2) complete the feasibility studies described in 
        clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of 
        Public Law 108-361 and submit such studies to the 
        appropriate committees of the House of Representatives 
        and the Senate not later than November 30, [2016] 2017;
            (3) complete the feasibility study described in 
        section 103(f)(1)(A) of Public Law 108-361 (118 Stat. 
        1694) and submit such study to the appropriate 
        committees of the House of Representatives and the 
        Senate not later than December 31, 2017; and
            (4) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) 
        through (3) to the appropriate committees of the House 
        of Representatives and the Senate not later than 90 
        days after the date of the enactment of this Act and 
        each 180 days thereafter until December 31, 2017, as 
        applicable. The report shall include timelines for 
        study completion, draft environmental impact 
        statements, final environmental impact statements, and 
        Records of Decision.

                  Appropriations Not Authorized by Law

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

                                               (thousand dollars)
----------------------------------------------------------------------------------------------------------------
                                                                             Appropriation in
           Agency/Program                Last Year of      Authorization       Last Year of    Net Appropriation
                                        Authorization          Level          Authorization       in this Bill
----------------------------------------------------------------------------------------------------------------
Corps FUSRAP........................  .................                \1\  .................            103,000
EERE Program Direction..............               2006            110,500            164,198            149,500
EERE Weatherization Activites.......               2012          1,400,000             68,000            215,000
EERE State Energy Programs..........               2012            125,000             50,000             50,000
EERE Marine and Hydrokinetic R&D....;               2012             50,000             34,000             37,000
Nuclear Energy......................               2009            495,000            792,000          1,011,616
Nuclear Energy Infrastructure and                  2009            145,000            245,000            253,085
 Facilities.........................
Fossill Energy......................               2009            641,000            727,320            645,000
Naval Petroleum and Oil Shale                      2014             20,000             20,000             14,950
 Reserves...........................
Strategic Petroleum Reserve.........               2003      not specified            172,856            257,000
Northeast Home Heating Oil Reserve..               2003      not specified              6,000              6,500
Energy Information Administration...               1984      not specified             55,870            122,000
Office of Science...................               2013          6,007,000          4,876,000          5,400,000
Advanced Research Projects Agency-                 2013            312,000            265,000            305,889
 Energy.............................
Advanced Technology Vehicle                        2012      not specified              6,000              5,000
 Manufacturing Program..............
Non-Defense Environmental Cleanup:
    West Valley Demonstration.......               1981              5,000              5,000             61,613
    Departmental Administration.....               1984            246,963            185,682            130,971
Atomic Energy Defense Activities:
    National Nuclear Security
     Administration:
        Weapons Activities..........               2016          8,802,797          8,846,948          9,285,147
        Defense Nuclear                            2016          1,941,500          1,940,302          1,821,916
         Nonproliferation...........
        Naval Reactors..............               2016          1,359,996          1,375,496          1,420,120
        Federal Salaries and                       2016            388,000            383,666            382,387
         Expenses...................
Defense Environmental Cleanup.......               2016          5,130,550          5,289,742          5,226,950
Other Defense Activities............               2016            770,522            776,425            776,425
Power Marketing Administrations:
    Southwestern....................               1984             40,254             36,229             11,057
    Western Area....................               1984            259,700            194,630             95,581
Federal Energy Regulatory Commission               1984      not specified             29,582                  0
Defense Nuclear Facilities Safety                  2016             29,150             29,150             31,000
 Board..............................
Denali Commission...................               2008      not specified             21,800             11,000
Nuclear Regulatory Commission.......               1985            460,000            448,200            149,268
----------------------------------------------------------------------------------------------------------------
\1\Program was initiated in 1972 and has never received a separate authorization

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:
        Department or Activity                                    Amount

Department of Energy: Weapons Activities.....................106,126,393
Department of Energy: Defense Nuclear Nonproliferation........33,127,803
Department of Energy: Naval Reactors..........................   307,262

                 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                  0                  0                  0
Discretionary.......................             37,444             37,625             37,444          \1\37,625
----------------------------------------------------------------------------------------------------------------
\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:
    2017.............................................          \2\21,939
    2018.............................................             10,578
    2019.............................................              3,559
    2020.............................................                832
    2021 and future years............................                433
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.

               Assistance to State and Local Governments

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

                        [In millions of dollars]
------------------------------------------------------------------------
                                     Budget Authority       Outlays
------------------------------------------------------------------------
Financial assistance to State and                 157              \2\31
 local governments for 2017.......
------------------------------------------------------------------------
\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:



                            ADDITIONAL VIEWS

    We commend Chairman Rogers and Chairman Simpson for their 
efforts to assemble 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 in this bill is 
a reflection of priorities from both sides of the aisle.
    It is sad that the Majority would jeopardize this good 
start by adding ideological riders on the Clean Water Act, guns 
on Corps lands and the California drought. We should not have 
to remind our Majority colleagues that similar provisions have 
imperiled passage of this bill in the past. In fiscal year 
2016, nearly all of the Democratic Members of the House voted 
against this bill with far fewer poison pill riders. The 
Administration has been on record with veto threats over nearly 
identical language in the past.
    The subcommittee's allocation is $37,444,000,000, 
$167,815,000 above the Administration's budget request and 
$259,010,000 above the 2016 level. The defense allocation is 
$184,010,000 above 2016, while the non-defense allocation is 
$75,000,000 above 2016.
    We commend the Chairman for increasing Corps of Engineers' 
funding by $1,469,330,000 above the President's inadequate 
request, ensuring that some ongoing projects will continue. The 
bill provides $6,089,330,000 for the Army Corps of Engineers, 
representing the highest funding level the agency has ever 
received. The bill provides approximately $1,263,000,000 for 
projects funded from the Harbor Maintenance Trust Fund, 
approximately the same as 2016. This funding will allow 
preventive and proactive investments necessary for the economy 
and the safety of American citizens. The funding above the 
request will also allow investments in the nation's ports and 
waterways, which are critical to ensuring that American made 
goods can move to market, both domestically and abroad. We 
firmly believe that our underinvestment in infrastructure 
continues to hamper economic gains and prolongs the 
underemployment plaguing our middle class.
    While this bill ensures increased investment beyond that 
included in the budget request, we should be doing even more to 
build infrastructure and create jobs. Federal support of water 
resource projects creates construction jobs and indirect 
economic benefits that encourage local businesses and 
individuals to embrace risk and make critical investments in 
their communities. The inclusion of six new study starts and 
four new construction projects will allow incremental progress 
in addressing the tens of billions in projects awaiting 
funding.
    Every year, this important bill sets the path for America's 
energy future and we note that, more than ever before, our 
course is set towards the true North of energy independence. 
Research at the Department of Energy has led to technological 
advances that have drastically altered global energy markets. 
Whereas we were once subject to the whims of OPEC and 
completely reliant on their supply of crude, new drilling 
techniques developed with government support have revitalized 
the domestic oil and gas industry. This American energy 
resurgence has led to a 19% decrease in the volume of crude 
imports since 2011 and a dramatic fall in the price, which 
together have slashed our energy trade deficit. In January 
2012, America spent roughly $36 billion on net energy imports, 
but thanks to the innovation spurred by the Department of 
Energy, by December of last year, that number had fallen to 
less than $12 billion. While the low prices of the last few 
months have squeezed American producers, our new capacity to 
quickly ramp up production has allowed the United States to 
replace Saudi Arabia as the swing producer in the global oil 
market. This dramatic shift will shield us from future price 
shocks while also causing significant budget shortfalls for 
oil-dependent nations, including Russia, Iran, Saudi Arabia, 
and Venezuela as well as the terrorist organization, ISIS.
    These significant strides towards America's energy security 
should be applauded, but we must not lose our momentum by 
resting on our laurels. To finally free ourselves from our 
energy dependence, as well as to drastically cut our dangerous 
carbon emissions, we must continue to strongly fund DOE's 
efforts. Unfortunately, constraints on the allocation did not 
allow additional funding for Mission Innovation--an effort to 
double clean energy research and development by 2021. This lack 
of resources will necessarily delay progress on breakthroughs 
in energy efficiency and clean energy and hinder innovation to 
drive sustained economic growth in the clean energy economy of 
the future.
    The Science and ARPA-E accounts, critical to the 
competitiveness of our nation, are $49,800,000 and $14,889,000 
above the level of funding provided in 2016 respectively. With 
a return on investment of 20 to 67 percent, publicly funded 
research grows our economy and helps the United States maintain 
its position as the global leader in innovation. If the U.S. is 
to truly achieve energy independence and tackle the challenges 
posed by climate change, the federal government must continue 
to prioritize investments in cutting edge research at our 
national laboratories and universities along with supporting 
advancements in high-potential, high-impact energy technologies 
that are too early for private-sector investment.
    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 that of any recent year. We must provide 
for critical research and development for the nuclear and 
fossil energy sectors to increase efficiency and reduce 
emissions of those sources that currently provide the bulk of 
our electricity generation, but continued and sustained 
research and development programs in renewable energy are 
necessary and appropriate. Renewable energy has achieved cost 
competitiveness in some areas, yet 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, particularly given the rapidly shifting 
energy outlook.
    The National Nuclear Security Administration (NNSA) 
continues to be plagued by breathtaking cost overruns and 
schedule delays, and the Chairman continues the strong 
oversight of the NNSA. While we understand the need to 
modernize a complex built substantially in the 1950s, we 
continue to question whether the organization has the necessary 
tools and processes to continue to manage large increases in 
these activities year after year. Within the Weapons account, 
we commend the Chairman for his strong support of the 
dismantlement activities, which will not only contribute to the 
dismantlement of weapons retired prior to 2009, it will bring 
additional needed workforce to the Pantex facility in Texas in 
support of the larger mission of maintaining our nuclear 
stockpile.
    Nonproliferation programs are our first line of defense and 
the most cost-effective way to achieve the urgent goal of 
securing and reducing the amount of vulnerable bomb-grade 
material. The bill includes $1,807,916,000 for these critical 
programs, $132,386,000 below 2016. While we understand the 
Chairman met the Administration's budget request for non-
proliferation, the recent terror attacks in Paris and Belgium 
are proof that we should be increasing our expenditures on 
proliferation risks. In March 2015, the Secretary of Energy 
Advisory Board recommended that the Department expand its 
nonproliferation efforts and augment existing funding and 
expressed concern about the recent trend of falling budgets for 
the core non-proliferation efforts.
    While the funding levels of the bill would be a basis for 
negotiation, the inclusion of controversial riders is an 
unnecessary diversion from our primary responsibility--ensuring 
that taxpayer funds are invested wisely in Federal programs 
that will contribute to the economic vitality of our nation. 
The Administration has issued a veto threat on the Senate 
fiscal year 2017 Energy and Water Development bill if the final 
bill includes ideological riders that are beyond the scope of 
the funding legislation.
    Four of the water riders taken together risk protection of 
the world's most precious resource: water. The first Clean 
Water Act provision prevents the Corps of Engineers from taking 
steps to clarify which waters are protected by the Clean Water 
Act and keeps in place a widely-acknowledged state of confusion 
about the scope of the law's pollution control programs. The 
second prevents the Corps of Engineers from using funds to 
``develop, adopt, implement, administer, or enforce any 
change'' to regulations pertaining to the definitions of the 
terms ``fill material'' or ``discharge of fill material'' under 
the Clean Water Act. This rider would lock in industry 
loopholes, leaving many of our nation's waterways vulnerable to 
harmful pollution. Finally, the bill includes provisions 
regarding agricultural exemptions to the Clean Water Act and a 
prohibition of activities related to the National Ocean Policy.
    An additional six riders related to California's complex 
water challenges were added this year to the Committee's mark, 
injecting ill-considered and controversial language which 
should be considered in the appropriate authorizing committees 
under regular order. The language preempts state water law, 
court decisions and statutory environmental protections and has 
no place on an appropriations bill.
    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.
    Finally, this bill is another reminder of Congress's 
failure to invest adequately in the development and upkeep of 
water systems serving American communities, exemplified by the 
tragedy that occurred in Flint, Michigan, where thousands of 
children and other residents were poisoned by contaminated 
water as a result of corroding lead pipes. Compounded by the 
inaction of state officials and an apparent cover-up to hide 
the extent of the danger from residents, the full scale of this 
tragedy will likely be unknown for years. A Federal State of 
Emergency was declared for Flint. Congress has a responsibility 
to provide critical resources to help repair decaying 
infrastructure, to support services for those affected, 
including the children whose physical and cognitive development 
has been harmed from lack of access to safe drinking water, and 
to protect other communities from the experience of Flint. Yet 
the Committee voted down an amendment offered by 
Representatives DeLauro and McCollum to provide emergency 
funding to begin to address these responsibilities.
    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, within the constraints facing the bill, it 
addresses many of the interests we have expressed. The Energy 
and Water bill's allocation seemingly comes at the expense of 
critical investments in other Subcommittees, as we still do not 
have a full set of Subcommittee allocations. We look forward to 
the day when allocations across all Subcommittees are returned 
to acceptable levels and to working with the Chairman and the 
members of this Committee to advance the process. However, we 
cannot support this bill given the ideological riders currently 
included in the Committee product.

                                   Nita M. Lowey.
                                   Marcy Kaptur.