II 

Calendar No. 178 

115TH CONGRESS 

1ST SESSION S. 1609 

[Report No. 115–132] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2018, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2017 

Mr. ALEXANDER, from the Committee on Appropriations, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2018, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2018, and for other pur7 poses, namely: 
2 

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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to river 

9 and harbor, flood and storm damage reduction, shore pro10 tection, aquatic ecosystem restoration, and related efforts. 

11 INVESTIGATIONS

12 For expenses necessary where authorized by law for 

13 the collection and study of basic information pertaining 

14 to river and harbor, flood and storm damage reduction, 

15 shore protection, aquatic ecosystem restoration, and re16 lated needs; for surveys and detailed studies, and plans 

17 and specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic 

19 ecosystem restoration projects, and related efforts prior to 

20 construction; for restudy of authorized projects; and for 

21 miscellaneous investigations, and, when authorized by law, 

22 surveys and detailed studies, and plans and specifications 

23 of projects prior to construction, $113,465,000, to remain 

24 available until expended. 
3 

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1 CONSTRUCTION

2 (INCLUDING RESCISSION OF FUNDS)

3 For expenses necessary for the construction of river 

4 and harbor, flood and storm damage reduction, shore pro5 tection, aquatic ecosystem restoration, and related 

6 projects authorized by law; for conducting detailed studies, 

7 and plans and specifications, of such projects (including 

8 those involving participation by States, local governments, 

9 or private groups) authorized or made eligible for selection 

10 by law (but such detailed studies, and plans and specifica11 tions, shall not constitute a commitment of the Govern12 ment to construction); $1,703,150,000, to remain avail13 able until expended; of which such sums as are necessary 

14 to cover the Federal share of construction costs for facili15 ties under the Dredged Material Disposal Facilities pro16 gram shall be derived from the Harbor Maintenance Trust 

17 Fund as authorized by Public Law 104–303; and of which 

18 such sums as are necessary to cover one-half of the costs 

19 of construction, replacement, rehabilitation, and expansion 

20 of inland waterways projects shall be derived from the In21 land Waterways Trust Fund, except as otherwise specifi22 cally provided for in law: Provided, That of the unobli23 gated balances available from amounts provided in fiscal 

24 year 2011 and prior years under this heading, 

25 $35,000,000 is hereby rescinded: Provided further, That 
4 

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1 no amounts may be rescinded by the previous proviso from 

2 amounts that were designated by the Congress as an 

3 emergency requirement pursuant to a concurrent resolu4 tion on the budget or the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 MISSISSIPPI RIVER AND TRIBUTARIES

7 For expenses necessary for flood damage reduction 

8 projects and related efforts in the Mississippi River allu9 vial valley below Cape Girardeau, Missouri, as authorized 

10 by law, $375,000,000, to remain available until expended, 

11 of which such sums as are necessary to cover the Federal 

12 share of eligible operation and maintenance costs for in13 land harbors shall be derived from the Harbor Mainte14 nance Trust Fund. 

15 OPERATION AND MAINTENANCE

16 For expenses necessary for the operation, mainte17 nance, and care of existing river and harbor, flood and 

18 storm damage reduction, aquatic ecosystem restoration, 

19 and related projects authorized by law; providing security 

20 for infrastructure owned or operated by the Corps, includ21 ing administrative buildings and laboratories; maintaining 

22 harbor channels provided by a State, municipality, or 

23 other public agency that serve essential navigation needs 

24 of general commerce, where authorized by law; surveying 

25 and charting northern and northwestern lakes and con-
5 

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1 necting waters; clearing and straightening channels; and 

2 removing obstructions to navigation, $3,481,475,000, to 

3 remain available until expended, of which such sums as 

4 are necessary to cover the Federal share of eligible oper5 ation and maintenance costs for coastal harbors and chan6 nels, and for inland harbors shall be derived from the Har7 bor Maintenance Trust Fund; of which such sums as be8 come available from the special account for the Corps of 

9 Engineers established by the Land and Water Conserva10 tion Fund Act of 1965 shall be derived from that account 

11 for resource protection, research, interpretation, and 

12 maintenance activities related to resource protection in the 

13 areas at which outdoor recreation is available; and of 

14 which such sums as become available from fees collected 

15 under section 217 of Public Law 104–303 shall be used 

16 to cover the cost of operation and maintenance of the 

17 dredged material disposal facilities for which such fees 

18 have been collected. 

19 REGULATORY PROGRAM

20 For expenses necessary for administration of laws 

21 pertaining to regulation of navigable waters and wetlands, 

22 $200,000,000, to remain available until September 30, 

23 2019. 
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $117,000,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurri8 cane, and other natural disasters and support emergency 

9 operations, repairs, and other activities in response to 

10 such disasters as authorized by law, $21,904,000, to re11 main available until expended. 

12 EXPENSES

13 For expenses necessary for the supervision and gen14 eral administration of the civil works program in the head15 quarters of the Corps of Engineers and the offices of the 

16 Division Engineers; and for costs of management and op17 eration of the Humphreys Engineer Center Support Activ18 ity, the Institute for Water Resources, the United States 

19 Army Engineer Research and Development Center, and 

20 the United States Army Corps of Engineers Finance Cen21 ter allocable to the civil works program, $185,000,000, to 

22 remain available until September 30, 2019, of which not 

23 to exceed $5,000 may be used for official reception and 

24 representation purposes and only during fiscal year 2018: 

25 Provided, That no part of any other appropriation pro-
7 

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1 vided in this title shall be available to fund the civil works 

2 activities of the Office of the Chief of Engineers or the 

3 civil works executive direction and management activities 

4 of the division offices: Provided further, That any Flood 

5 Control and Coastal Emergencies appropriation may be 

6 used to fund the supervision and general administration 

7 of emergency operations, repairs, and other activities in 

8 response to any flood, hurricane, or other natural disaster. 

9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

10 FOR CIVIL WORKS

11 For the Office of the Assistant Secretary of the Army 

12 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

13 $4,406,000, to remain available until September 30, 2019. 

14 GENERAL PROVISIONS—CORPS OF 

15 ENGINEERS—CIVIL 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 101. (a) None of the funds provided in title I 

18 of this Act, or provided by previous appropriations Acts 

19 to the agencies or entities funded in title I of this Act 

20 that remain available for obligation or expenditure in fiscal 

21 year 2018, shall be available for obligation or expenditure 

22 through a reprogramming of funds that: 

23 (1) creates or initiates a new program, project, 

24 or activity; 

25 (2) eliminates a program, project, or activity; 
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1 (3) increases funds or personnel for any pro2 gram, project, or activity for which funds have been 

3 denied or restricted by this Act, unless prior ap4 proval is received from the House and Senate Com5 mittees on Appropriations; 

6 (4) proposes to use funds directed for a specific 

7 activity for a different purpose, unless prior approval 

8 is received from the House and Senate Committees 

9 on Appropriations; 

10 (5) augments or reduces existing programs, 

11 projects, or activities in excess of the amounts con12 tained in paragraphs (6) through (10), unless prior 

13 approval is received from the House and Senate 

14 Committees on Appropriations; 

15 (6) INVESTIGATIONS.—For a base level over 

16 $100,000, reprogramming of 25 percent of the base 

17 amount up to a limit of $150,000 per project, study 

18 or activity is allowed: Provided, That for a base level 

19 less than $100,000, the reprogramming limit is 

20 $25,000: Provided further, That up to $25,000 may 

21 be reprogrammed into any continuing study or activ22 ity that did not receive an appropriation for existing 

23 obligations and concomitant administrative expenses; 

24 (7) CONSTRUCTION.—For a base level over 

25 $2,000,000, reprogramming of 15 percent of the 
9 

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1 base amount up to a limit of $3,000,000 per project, 

2 study or activity is allowed: Provided, That for a 

3 base level less than $2,000,000, the reprogramming 

4 limit is $300,000: Provided further, That up to 

5 $3,000,000 may be reprogrammed for settled con6 tractor claims, changed conditions, or real estate de7 ficiency judgments: Provided further, That up to 

8 $300,000 may be reprogrammed into any continuing 

9 study or activity that did not receive an appropria10 tion for existing obligations and concomitant admin11 istrative expenses; 

12 (8) OPERATION AND MAINTENANCE.—Unlim13 ited reprogramming authority is granted for the 

14 Corps to be able to respond to emergencies: Pro15 vided, That the Chief of Engineers shall notify the 

16 House and Senate Committees on Appropriations of 

17 these emergency actions as soon thereafter as prac18 ticable: Provided further, That for a base level over 

19 $1,000,000, reprogramming of 15 percent of the 

20 base amount up to a limit of $5,000,000 per project, 

21 study, or activity is allowed: Provided further, That 

22 for a base level less than $1,000,000, the re23 programming limit is $150,000: Provided further, 

24 That $150,000 may be reprogrammed into any con-
10 

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1 tinuing study or activity that did not receive an ap2 propriation; 

3 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

4 The reprogramming guidelines in paragraphs (6), 

5 (7), and (8) shall apply to the Investigations, Con6 struction, and Operation and Maintenance portions 

7 of the Mississippi River and Tributaries Account, re8 spectively; and 

9 (10) FORMERLY UTILIZED SITES REMEDIAL AC10 TION PROGRAM.—Reprogramming of up to 15 per11 cent of the base of the receiving project is permitted. 

12 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

13 should a reprogramming for less than $50,000 be sub14 mitted to the House and Senate Committees on Appro15 priations. 

16 (c) CONTINUING AUTHORITIES PROGRAM.—Sub17 section (a)(1) shall not apply to any project or activity 

18 funded under the continuing authorities program. 

19 (d) Not later than 60 days after the date of enact20 ment of this Act, the Secretary shall submit a report to 

21 the House and Senate Committees on Appropriations to 

22 establish the baseline for application of reprogramming 

23 and transfer authorities for the current fiscal year which 

24 shall include: 
11 

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1 (1) A table for each appropriation with a sepa2 rate column to display the President’s budget re3 quest, adjustments made by Congress, adjustments 

4 due to enacted rescissions, if applicable, and the fis5 cal year enacted level; and 

6 (2) A delineation in the table for each appro7 priation both by object class and program, project 

8 and activity as detailed in the budget appendix for 

9 the respective appropriations; and 

10 (3) An identification of items of special congres11 sional interest. 

12 SEC. 102. The Secretary shall allocate funds made 

13 available in this Act solely in accordance with the provi14 sions of this Act and the accompanying report, including 

15 the determination and designation of new starts. 

16 SEC. 103. None of the funds made available in this 

17 title may be used to award or modify any contract that 

18 commits funds beyond the amounts appropriated for that 

19 program, project, or activity that remain unobligated, ex20 cept that such amounts may include any funds that have 

21 been made available through reprogramming pursuant to 

22 section 101. 

23 SEC. 104. The Secretary of the Army may transfer 

24 to the Fish and Wildlife Service, and the Fish and Wildlife 

25 Service may accept and expend, up to $5,400,000 of funds 
12 

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1 provided in this title under the heading ‘‘Operation and 

2 Maintenance’’ to mitigate for fisheries lost due to Corps 

3 of Engineers projects. 

4 SEC. 105. None of the funds in this Act shall be used 

5 for an open lake placement alternative for dredged mate6 rial, after evaluating the least costly, environmentally ac7 ceptable manner for the disposal or management of 

8 dredged material originating from Lake Erie or tributaries 

9 thereto, unless it is approved under a State water quality 

10 certification pursuant to section 401 of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1341): Provided further, 

12 That until an open lake placement alternative for dredged 

13 material is approved under a State water quality certifi14 cation, the Corps of Engineers shall continue upland 

15 placement of such dredged material consistent with the re16 quirements of section 101 of the Water Resources Devel17 opment Act of 1986 (33 U.S.C. 2211). 

18 SEC. 106. None of the funds made available in this 

19 title may be used for any acquisition of buoy chain that 

20 is not consistent with 48 CFR 225.7007, subsections 

21 (a)(1) and (a)(2). 

22 SEC. 107. None of the funds made available by this 

23 Act may be used to carry out any water supply reallocation 

24 study under the Wolf Creek Dam, Lake Cumberland, Ken-
13 

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1 tucky, project authorized under the Act of July 24, 1946 

2 (60 Stat. 636, ch. 595). 

3 SEC. 108. Not later than 30 days after the date of 

4 enactment of this Act, the Secretary of the Army, acting 

5 through the Chief of Engineers, shall publish in the Fed6 eral Register and make available for public comment the 

7 interim report relating to the Tentatively Selected Plan 

8 for the Great Lakes Mississippi River Interbasin Study 

9 Brandon Road Study. 

10 SEC. 109. Relative to the Rough River Lake Flowage 

11 Easement Encroachment Resolution Plan, the Chief of 

12 Engineers shall submit to the Committees on Appropria13 tions of both Houses of Congress, not later than 90 days 

14 after the date of enactment of this Act, a report that in15 cludes an inventory of habitable structures and improve16 ments built, installed, or established in the flowage ease17 ment boundary; whether each such structure or improve18 ment in the inventory was built, installed or established 

19 within the flowage easement boundary before or after the 

20 surveys conducted by the Corps of Engineers in 2013, 

21 2014, and 2015; and what notice landowners had of the 

22 flowage easement boundary prior to those surveys. 

23 SEC. 110. Section 2008 of the Water Resources De24 velopment Act of 2007 (33 U.S.C. 2340) is amended by 

25 striking subsection (c). 
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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $10,500,000, to remain 

7 available until expended, of which $898,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 

11 the amount provided under this heading, $1,450,000 shall 

12 be available until September 30, 2019, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 

15 year 2018, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 

17 use an amount not to exceed $1,500,000 for administra18 tive expenses. 

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 
15 

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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, federally 

10 recognized Indian tribes, and others, $1,150,349,000, to 

11 remain available until expended, of which $67,693,000 

12 shall be available for transfer to the Upper Colorado River 

13 Basin Fund and $5,551,000 shall be available for transfer 

14 to the Lower Colorado River Basin Development Fund; 

15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 

17 such transfers may be increased or decreased within the 

18 overall appropriation under this heading: Provided further, 

19 That of the total appropriated, the amount for program 

20 activities that can be financed by the Reclamation Fund 

21 or the Bureau of Reclamation special fee account estab22 lished by 16 U.S.C. 6806 shall be derived from that Fund 

23 or account: Provided further, That funds contributed 

24 under 43 U.S.C. 395 are available until expended for the 

25 purposes for which the funds were contributed: Provided 
16 

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1 further, That funds advanced under 43 U.S.C. 397a shall 

2 be credited to this account and are available until ex3 pended for the same purposes as the sums appropriated 

4 under this heading: Provided further, That of the amounts 

5 provided herein, funds may be used for high-priority 

6 projects which shall be carried out by the Youth Conserva7 tion Corps, as authorized by 16 U.S.C. 1706. 

8 CENTRAL VALLEY PROJECT RESTORATION FUND

9 For carrying out the programs, projects, plans, habi10 tat restoration, improvement, and acquisition provisions of 

11 the Central Valley Project Improvement Act, $41,376,000, 

12 to be derived from such sums as may be collected in the 

13 Central Valley Project Restoration Fund pursuant to sec14 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

15 102–575, to remain available until expended: Provided, 

16 That the Bureau of Reclamation is directed to assess and 

17 collect the full amount of the additional mitigation and 

18 restoration payments authorized by section 3407(d) of 

19 Public Law 102–575: Provided further, That none of the 

20 funds made available under this heading may be used for 

21 the acquisition or leasing of water for in-stream purposes 

22 if the water is already committed to in-stream purposes 

23 by a court adopted decree or order. 
17 

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1 CALIFORNIA BAY-DELTA RESTORATION

2 (INCLUDING TRANSFERS OF FUNDS)

3 For carrying out activities authorized by the Water 

4 Supply, Reliability, and Environmental Improvement Act, 

5 consistent with plans to be approved by the Secretary of 

6 the Interior, $37,000,000, to remain available until ex7 pended, of which such amounts as may be necessary to 

8 carry out such activities may be transferred to appropriate 

9 accounts of other participating Federal agencies to carry 

10 out authorized purposes: Provided, That funds appro11 priated herein may be used for the Federal share of the 

12 costs of CALFED Program management: Provided fur13 ther, That CALFED implementation shall be carried out 

14 in a balanced manner with clear performance measures 

15 demonstrating concurrent progress in achieving the goals 

16 and objectives of the Program. 

17 POLICY AND ADMINISTRATION

18 For expenses necessary for policy, administration, 

19 and related functions in the Office of the Commissioner, 

20 the Denver office, and offices in the five regions of the 

21 Bureau of Reclamation, to remain available until Sep22 tember 30, 2019, $59,000,000, to be derived from the 

23 Reclamation Fund and be nonreimbursable as provided in 

24 43 U.S.C. 377: Provided, That no part of any other appro-
18 

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1 priation in this Act shall be available for activities or func2 tions budgeted as policy and administration expenses. 

3 ADMINISTRATIVE PROVISION

4 Appropriations for the Bureau of Reclamation shall 

5 be available for purchase of not to exceed five passenger 

6 motor vehicles, which are for replacement only. 

7 GENERAL PROVISIONS—DEPARTMENT OF THE 

8 INTERIOR 

9 SEC. 201. (a) None of the funds provided in title II 

10 of this Act for Water and Related Resources, or provided 

11 by previous or subsequent appropriations Acts to the agen12 cies or entities funded in title II of this Act for Water 

13 and Related Resources that remain available for obligation 

14 or expenditure in fiscal year 2018, shall be available for 

15 obligation or expenditure through a reprogramming of 

16 funds that— 

17 (1) initiates or creates a new program, project, 

18 or activity; 

19 (2) eliminates a program, project, or activity; 

20 (3) increases funds for any program, project, or 

21 activity for which funds have been denied or re22 stricted by this Act, unless prior approval is received 

23 from the Committees on Appropriations of the 

24 House of Representatives and the Senate; 
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1 (4) restarts or resumes any program, project or 

2 activity for which funds are not provided in this Act, 

3 unless prior approval is received from the Commit4 tees on Appropriations of the House of Representa5 tives and the Senate; 

6 (5) transfers funds in excess of the following 

7 limits, unless prior approval is received from the 

8 Committees on Appropriations of the House of Rep9 resentatives and the Senate: 

10 (A) 15 percent for any program, project or 

11 activity for which $2,000,000 or more is avail12 able at the beginning of the fiscal year; or 

13 (B) $400,000 for any program, project or 

14 activity for which less than $2,000,000 is avail15 able at the beginning of the fiscal year; 

16 (6) transfers more than $500,000 from either 

17 the Facilities Operation, Maintenance, and Rehabili18 tation category or the Resources Management and 

19 Development category to any program, project, or 

20 activity in the other category, unless prior approval 

21 is received from the Committees on Appropriations 

22 of the House of Representatives and the Senate; or 

23 (7) transfers, where necessary to discharge legal 

24 obligations of the Bureau of Reclamation, more than 

25 $5,000,000 to provide adequate funds for settled 
20 

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1 contractor claims, increased contractor earnings due 

2 to accelerated rates of operations, and real estate de3 ficiency judgments, unless prior approval is received 

4 from the Committees on Appropriations of the 

5 House of Representatives and the Senate. 

6 (b) Subsection (a)(5) shall not apply to any transfer 

7 of funds within the Facilities Operation, Maintenance, and 

8 Rehabilitation category. 

9 (c) For purposes of this section, the term transfer 

10 means any movement of funds into or out of a program, 

11 project, or activity. 

12 (d) The Bureau of Reclamation shall submit reports 

13 on a quarterly basis to the Committees on Appropriations 

14 of the House of Representatives and the Senate detailing 

15 all the funds reprogrammed between programs, projects, 

16 activities, or categories of funding. The first quarterly re17 port shall be submitted not later than 60 days after the 

18 date of enactment of this Act. 

19 SEC. 202. (a) None of the funds appropriated or oth20 erwise made available by this Act may be used to deter21 mine the final point of discharge for the interceptor drain 

22 for the San Luis Unit until development by the Secretary 

23 of the Interior and the State of California of a plan, which 

24 shall conform to the water quality standards of the State 

25 of California as approved by the Administrator of the En-
21 

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1 vironmental Protection Agency, to minimize any detri2 mental effect of the San Luis drainage waters. 

3 (b) The costs of the Kesterson Reservoir Cleanup 

4 Program and the costs of the San Joaquin Valley Drain5 age Program shall be classified by the Secretary of the 

6 Interior as reimbursable or nonreimbursable and collected 

7 until fully repaid pursuant to the ‘‘Cleanup Program— 

8 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter9 native Repayment Plan’’ described in the report entitled 

10 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro11 gram and San Joaquin Valley Drainage Program, Feb12 ruary 1995’’, prepared by the Department of the Interior, 

13 Bureau of Reclamation. Any future obligations of funds 

14 by the United States relating to, or providing for, drainage 

15 service or drainage studies for the San Luis Unit shall 

16 be fully reimbursable by San Luis Unit beneficiaries of 

17 such service or studies pursuant to Federal reclamation 

18 law. 

19 SEC. 203. (a) Section 104(c) of the Reclamation 

20 States Emergency Drought Relief Act of 1991 (43 U.S.C. 

21 2214(c)) is amended by striking ‘‘2017’’ and inserting 

22 ‘‘2022’’. 

23 (b) Section 301 of the Reclamation States Emergency 

24 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 

25 by— 
22 

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1 (1) striking ‘‘2017’’ and inserting ‘‘2022’’; and 

2 (2) striking ‘‘$90,000,000’’ and inserting 

3 ‘‘$120,000,000’’. 

4 USE OF WATER FOR INDUSTRIAL HEMP CULTIVATION

5 SEC. 204. (a) DEFINITION OF INDUSTRIAL HEMP.— 

6 In this section, the term ‘‘industrial hemp’’ has the mean7 ing given the term in section 7606(b) of the Agricultural 

8 Act of 2014 (7 U.S.C. 5940(b)). 

9 (b) USE FOR INDUSTRIAL HEMP CULTIVATION.— 

10 Notwithstanding the Controlled Substances Act (21 

11 U.S.C. 801 et seq.), chapter 81 of title 41, United States 

12 Code, or any other Federal law, an owner of an absolute 

13 or conditional water right, or an entity that receives or 

14 distributes water contracted from the Federal Govern15 ment, may, pursuant to State water law, use or sell for 

16 use by another person the water subject to the water right 

17 or the contract, as applicable, for the cultivation of indus18 trial hemp, regardless of whether the water has passed 

19 through a Federal water project, if the growth or cultiva20 tion of industrial hemp is otherwise authorized under the 

21 laws of the State in which such use occurs. 
23 

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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for energy 

8 efficiency and renewable energy activities in carrying out 

9 the purposes of the Department of Energy Organization 

10 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 $1,936,988,000, to remain available until expended: Pro14 vided, That of such amount, $153,500,000 shall be avail15 able until September 30, 2019, for program direction. 

16 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

17 For Department of Energy expenses including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for elec20 tricity delivery and energy reliability activities in carrying 

21 out the purposes of the Department of Energy Organiza22 tion Act (42 U.S.C. 7101 et seq.), including the acquisi23 tion or condemnation of any real property or any facility 

24 or for plant or facility acquisition, construction, or expan25 sion, $213,141,000, to remain available until expended: 
24 

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1 Provided, That of such amount, $27,000,000 shall be 

2 available until September 30, 2019, for program direction. 

3 NUCLEAR ENERGY

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for nuclear 

7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition or condemnation of any 

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $917,020,000, to remain 

12 available until expended: Provided, That of such amount 

13 the Secretary may obligate up to $10,000,000 under exist14 ing authorities for contracting for the management of used 

15 nuclear fuel to which the Secretary holds the title or has 

16 a contract to accept title: Provided further, That of such 

17 amount, $74,218,000 shall be available until September 

18 30, 2019, for program direction. 

19 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

20 For Department of Energy expenses necessary in car21 rying out fossil energy research and development activi22 ties, under the authority of the Department of Energy Or23 ganization Act (42 U.S.C. 7101 et seq.), including the ac24 quisition of interest, including defeasible and equitable in25 terests in any real property or any facility or for plant 
25 

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1 or facility acquisition or expansion, and for conducting in2 quiries, technological investigations and research con3 cerning the extraction, processing, use, and disposal of 

4 mineral substances without objectionable social and envi5 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

6 $572,701,000, to remain available until expended: Pro7 vided, That of such amount $57,000,000 shall be available 

8 until September 30, 2019, for program direction. 

9 NAVAL PETROLEUM AND OIL SHALE RESERVES

10 For Department of Energy expenses necessary to 

11 carry out naval petroleum and oil shale reserve activities, 

12 $4,900,000, to remain available until expended: Provided, 

13 That notwithstanding any other provision of law, unobli14 gated funds remaining from prior years shall be available 

15 for all naval petroleum and oil shale reserve activities. 

16 STRATEGIC PETROLEUM RESERVE

17 For Department of Energy expenses necessary for 

18 Strategic Petroleum Reserve facility development and op19 erations and program management activities pursuant to 

20 the Energy Policy and Conservation Act (42 U.S.C. 6201 

21 et seq.), $180,000,000, to remain available until expended. 

22 ENERGY SECURITY AND INFRASTRUCTURE

23 MODERNIZATION FUND

24 As authorized by section 404 of the Bipartisan Budg25 et Act of 2015 (Public Law 114–74; 42 U.S.C. 6239 
26 

•S 1609 PCS

1 note), the Secretary of Energy shall drawdown and sell 

2 not to exceed $350,000,000 of crude oil from the Strategic 

3 Petroleum Reserve in fiscal year 2018: Provided, That the 

4 proceeds from such drawdown and sale shall be deposited 

5 in this account during fiscal year 2018: Provided further, 

6 That such amounts shall remain available until expended 

7 for necessary expenses to carry out modernization and op8 erations and maintenance activities for the Strategic Pe9 troleum Reserve. 

10 NORTHEAST HOME HEATING OIL RESERVE

11 For Department of Energy expenses necessary for 

12 Northeast Home Heating Oil Reserve storage, operation, 

13 and management activities pursuant to the Energy Policy 

14 and Conservation Act (42 U.S.C. 6201 et seq.), 

15 $6,500,000, to remain available until expended. 

16 ENERGY INFORMATION ADMINISTRATION

17 For Department of Energy expenses necessary in car18 rying out the activities of the Energy Information Admin19 istration, $122,000,000, to remain available until ex20 pended. 

21 NON-DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the 
27 

•S 1609 PCS

1 purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 

4 or facility acquisition, construction, or expansion, 

5 $266,000,000, to remain available until expended. 

6 URANIUM ENRICHMENT DECONTAMINATION AND

7 DECOMMISSIONING FUND

8 For Department of Energy expenses necessary in car9 rying out uranium enrichment facility decontamination 

10 and decommissioning, remedial actions, and other activi11 ties of title II of the Atomic Energy Act of 1954, and 

12 title X, subtitle A, of the Energy Policy Act of 1992, 

13 $788,000,000, to be derived from the Uranium Enrich14 ment Decontamination and Decommissioning Fund, to re15 main available until expended, of which $13,732,000 shall 

16 be available in accordance with title X, subtitle A, of the 

17 Energy Policy Act of 1992. 

18 SCIENCE

19 For Department of Energy expenses including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment, and other expenses necessary for science 

22 activities in carrying out the purposes of the Department 

23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in24 cluding the acquisition or condemnation of any real prop25 erty or facility or for plant or facility acquisition, construc-
28 

•S 1609 PCS

1 tion, or expansion, and purchase of not more than 17 pas2 senger motor vehicles for replacement only, including one 

3 ambulance and one bus, $5,550,000,000, to remain avail4 able until expended: Provided, That of such amount, 

5 $177,000,000 shall be available until September 30, 2019, 

6 for program direction: Provided further, That funds made 

7 available for Basic Energy Sciences shall be expended for 

8 the programs, projects, and activities specified in the 

9 ‘‘Committee recommendation’’ column in the ‘‘Basic En10 ergy Sciences’’ table in the report of the Committee on 

11 Appropriations accompanying this Act. 

12 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

13 For Department of Energy expenses necessary in car14 rying out the activities authorized by section 5012 of the 

15 America COMPETES Act (Public Law 110–69), 

16 $330,000,000, to remain available until expended: Pro17 vided, That of such amount, $29,250,000 shall be avail18 able until September 30, 2019, for program direction. 

19 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

20 For necessary expenses for Indian Energy activities 

21 in carrying out the purposes of the Department of Energy 

22 Organization Act (42 U.S.C. 7101 et seq.), $16,000,000, 

23 to remain available until expended: Provided, That, of the 

24 amount appropriated under this heading, $4,800,000 shall 
29 

•S 1609 PCS

1 be available until September 30, 2019, for program direc2 tion. 

3 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

4 For Department of Energy administrative expenses 

5 necessary in carrying out the Tribal Energy Loan Guar6 antee Program, $1,000,000, to remain available until Sep7 tember 30, 2019. 

8 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

9 PROGRAM

10 Such sums as are derived from amounts received 

11 from borrowers pursuant to section 1702(b) of the Energy 

12 Policy Act of 2005 under this heading in prior Acts, shall 

13 be collected in accordance with section 502(7) of the Con14 gressional Budget Act of 1974: Provided, That for nec15 essary administrative expenses to carry out this Loan 

16 Guarantee program, $2,000,000 is appropriated from fees 

17 collected in prior years pursuant to section 1702(h) of the 

18 Energy Policy Act of 2005 which are not otherwise appro19 priated, to remain available until September 30, 2019: 

20 Provided further, That if the amount in the previous pro21 viso is not available from such fees, an amount for such 

22 purposes is also appropriated from the general fund so as 

23 to result in a total amount appropriated for such purpose 

24 of no more than $2,000,000: Provided further, That fees 

25 collected pursuant to such section 1702(h) for fiscal year 
30 

•S 1609 PCS

1 2018 shall be credited as offsetting collections under this 

2 heading and shall not be available until appropriated: Pro3 vided further, That the Department of Energy shall not 

4 subordinate any loan obligation to other financing in viola5 tion of section 1702 of the Energy Policy Act of 2005 or 

6 subordinate any Guaranteed Obligation to any loan or 

7 other debt obligations in violation of section 609.10 of title 

8 10, Code of Federal Regulations. 

9 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

10 LOAN PROGRAM

11 For Department of Energy administrative expenses 

12 necessary in carrying out the Advanced Technology Vehi13 cles Manufacturing Loan Program, $5,000,000, to remain 

14 available until September 30, 2019. 

15 DEPARTMENTAL ADMINISTRATION

16 For salaries and expenses of the Department of En17 ergy necessary for departmental administration in car18 rying out the purposes of the Department of Energy Orga19 nization Act (42 U.S.C. 7101 et seq.), $238,736,000, to 

20 remain available until September 30, 2019, including the 

21 hire of passenger motor vehicles and official reception and 

22 representation expenses not to exceed $30,000, plus such 

23 additional amounts as necessary to cover increases in the 

24 estimated amount of cost of work for others notwith25 standing the provisions of the Anti-Deficiency Act (31 
31 

•S 1609 PCS

1 U.S.C. 1511 et seq.): Provided, That such increases in 

2 cost of work are offset by revenue increases of the same 

3 or greater amount: Provided further, That moneys received 

4 by the Department for miscellaneous revenues estimated 

5 to total $96,000,000 in fiscal year 2018 may be retained 

6 and used for operating expenses within this account, as 

7 authorized by section 201 of Public Law 95–238, notwith8 standing the provisions of 31 U.S.C. 3302: Provided fur9 ther, That the sum herein appropriated shall be reduced 

10 as collections are received during the fiscal year so as to 

11 result in a final fiscal year 2018 appropriation from the 

12 general fund estimated at not more than $142,736,000. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For expenses necessary for the Office of the Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, $49,000,000, to remain available 

17 until September 30, 2019. 

18 ATOMIC ENERGY DEFENSE ACTIVITIES 

19 NATIONAL NUCLEAR SECURITY 

20 ADMINISTRATION 

21 WEAPONS ACTIVITIES

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other incidental expenses necessary for 

25 atomic energy defense weapons activities in carrying out 
32 

•S 1609 PCS

1 the purposes of the Department of Energy Organization 

2 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 $10,000,071,000, to remain available until expended: Pro6 vided, That of such amount, $105,600,000 shall be avail7 able until September 30, 2019, for program direction. 

8 DEFENSE NUCLEAR NONPROLIFERATION

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other incidental expenses necessary for 

12 defense nuclear nonproliferation activities, in carrying out 

13 the purposes of the Department of Energy Organization 

14 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

15 condemnation of any real property or any facility or for 

16 plant or facility acquisition, construction, or expansion, 

17 $1,852,310,000, to remain available until expended: Pro18 vided, That none of the funds provided under this heading, 

19 or in prior Acts that remain unobligated, shall be available 

20 for construction of Project 99–D–143, Mixed Oxide Fuel 

21 Fabrication Facility. 

22 NAVAL REACTORS

23 For Department of Energy expenses necessary for 

24 naval reactors activities to carry out the Department of 

25 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
33 

•S 1609 PCS

1 ing the acquisition (by purchase, condemnation, construc2 tion, or otherwise) of real property, plant, and capital 

3 equipment, facilities, and facility expansion, 

4 $1,436,651,000, to remain available until expended: Pro5 vided, That of such amount, $44,100,000 shall be avail6 able until September 30, 2019, for program direction. 

7 FEDERAL SALARIES AND EXPENSES

8 For expenses necessary for Federal Salaries and Ex9 penses in the National Nuclear Security Administration, 

10 $396,000,000, to remain available until September 30, 

11 2019, including official reception and representation ex12 penses not to exceed $12,000. 

13 ENVIRONMENTAL AND OTHER DEFENSE 

14 ACTIVITIES 

15 DEFENSE ENVIRONMENTAL CLEANUP

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other expenses necessary for atomic 

19 energy defense environmental cleanup activities in car20 rying out the purposes of the Department of Energy Orga21 nization Act (42 U.S.C. 7101 et seq.), including the acqui22 sition or condemnation of any real property or any facility 

23 or for plant or facility acquisition, construction, or expan24 sion, $5,579,968,000, to remain available until expended: 

25 Provided, That of such amount, $290,150,000 shall be 
34 

•S 1609 PCS

1 available until September 30, 2019, for program direction: 

2 Provided further, That of such amount, $55,000,000 shall 

3 be available for the deactivation and decommissioning of 

4 high-risk excess facilities that are not in the current 

5 project inventory of the Environmental Management pro6 gram. 

7 DEFENSE URANIUM ENRICHMENT DECONTAMINATION

8 AND DECOMMISSIONING

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for atomic energy defense 

11 environmental cleanup activities for Department of En12 ergy contributions for uranium enrichment decontamina13 tion and decommissioning activities, $788,000,000, to be 

14 deposited into the Defense Environmental Cleanup ac15 count which shall be transferred to the ‘‘Uranium Enrich16 ment Decontamination and Decommissioning Fund’’. 

17 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

18 The unappropriated receipts currently in the Ura19 nium Supply and Enrichment Activities account shall be 

20 transferred to and merged with the Uranium Enrichment 

21 Decontamination and Decommissioning Fund and shall be 

22 available only to the extent provided in advance in appro23 priations Acts. 
35 

•S 1609 PCS

1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses, necessary for atomic 

5 energy defense, other defense activities, and classified ac6 tivities, in carrying out the purposes of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or any facility or for plant or facility acquisition, con10 struction, or expansion, $784,000,000, to remain available 

11 until expended: Provided, That of such amount, 

12 $257,116,000 shall be available until September 30, 2019, 

13 for program direction. 

14 POWER MARKETING ADMINISTRATIONS 

15 BONNEVILLE POWER ADMINISTRATION FUND

16 Expenditures from the Bonneville Power Administra17 tion Fund, established pursuant to Public Law 93–454, 

18 are approved for official reception and representation ex19 penses in an amount not to exceed $5,000: Provided, That 

20 during fiscal year 2018, no new direct loan obligations 

21 may be made. 

22 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

23 ADMINISTRATION

24 For expenses necessary for operation and mainte25 nance of power transmission facilities and for marketing 
36 

•S 1609 PCS

1 electric power and energy, including transmission wheeling 

2 and ancillary services, pursuant to section 5 of the Flood 

3 Control Act of 1944 (16 U.S.C. 825s), as applied to the 

4 southeastern power area, $6,379,000, including official re5 ception and representation expenses in an amount not to 

6 exceed $1,500, to remain available until expended: Pro7 vided, That notwithstanding 31 U.S.C. 3302 and section 

8 5 of the Flood Control Act of 1944, up to $6,379,000 col9 lected by the Southeastern Power Administration from the 

10 sale of power and related services shall be credited to this 

11 account as discretionary offsetting collections, to remain 

12 available until expended for the sole purpose of funding 

13 the annual expenses of the Southeastern Power Adminis14 tration: Provided further, That the sum herein appro15 priated for annual expenses shall be reduced as collections 

16 are received during the fiscal year so as to result in a final 

17 fiscal year 2018 appropriation estimated at not more than 

18 $0: Provided further, That notwithstanding 31 U.S.C. 

19 3302, up to $51,000,000 collected by the Southeastern 

20 Power Administration pursuant to the Flood Control Act 

21 of 1944 to recover purchase power and wheeling expenses 

22 shall be credited to this account as offsetting collections, 

23 to remain available until expended for the sole purpose 

24 of making purchase power and wheeling expenditures: 

25 Provided further, That for purposes of this appropriation, 
37 

•S 1609 PCS

1 annual expenses means expenditures that are generally re2 covered in the same year that they are incurred (excluding 

3 purchase power and wheeling expenses). 

4 OPERATION AND MAINTENANCE, SOUTHWESTERN

5 POWER ADMINISTRATION

6 For expenses necessary for operation and mainte7 nance of power transmission facilities and for marketing 

8 electric power and energy, for construction and acquisition 

9 of transmission lines, substations and appurtenant facili10 ties, and for administrative expenses, including official re11 ception and representation expenses in an amount not to 

12 exceed $1,500 in carrying out section 5 of the Flood Con13 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

14 Southwestern Power Administration, $30,288,000, to re15 main available until expended: Provided, That notwith16 standing 31 U.S.C. 3302 and section 5 of the Flood Con17 trol Act of 1944 (16 U.S.C. 825s), up to $18,888,000 col18 lected by the Southwestern Power Administration from 

19 the sale of power and related services shall be credited to 

20 this account as discretionary offsetting collections, to re21 main available until expended, for the sole purpose of 

22 funding the annual expenses of the Southwestern Power 

23 Administration: Provided further, That the sum herein ap24 propriated for annual expenses shall be reduced as collec25 tions are received during the fiscal year so as to result 
38 

•S 1609 PCS

1 in a final fiscal year 2018 appropriation estimated at not 

2 more than $11,400,000: Provided further, That notwith3 standing 31 U.S.C. 3302, up to $10,000,000 collected by 

4 the Southwestern Power Administration pursuant to the 

5 Flood Control Act of 1944 to recover purchase power and 

6 wheeling expenses shall be credited to this account as off7 setting collections, to remain available until expended for 

8 the sole purpose of making purchase power and wheeling 

9 expenditures: Provided further, That for purposes of this 

10 appropriation, annual expenses means expenditures that 

11 are generally recovered in the same year that they are in12 curred (excluding purchase power and wheeling expenses). 

13 CONSTRUCTION, REHABILITATION, OPERATION AND

14 MAINTENANCE, WESTERN AREA POWER ADMINIS15 TRATION

16 For carrying out the functions authorized by title III, 

17 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

18 U.S.C. 7152), and other related activities including con19 servation and renewable resources programs as author20 ized, $232,276,000, including official reception and rep21 resentation expenses in an amount not to exceed $1,500, 

22 to remain available until expended, of which $232,276,000 

23 shall be derived from the Department of the Interior Rec24 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

25 3302, section 5 of the Flood Control Act of 1944 (16 
39 

•S 1609 PCS

1 U.S.C. 825s), and section 1 of the Interior Department 

2 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

3 $138,904,000 collected by the Western Area Power Ad4 ministration from the sale of power and related services 

5 shall be credited to this account as discretionary offsetting 

6 collections, to remain available until expended, for the sole 

7 purpose of funding the annual expenses of the Western 

8 Area Power Administration: Provided further, That the 

9 sum herein appropriated for annual expenses shall be re10 duced as collections are received during the fiscal year so 

11 as to result in a final fiscal year 2018 appropriation esti12 mated at not more than $93,372,000, of which 

13 $88,179,000 is derived from the Reclamation Fund: Pro14 vided further, That notwithstanding 31 U.S.C. 3302, up 

15 to $179,000,000 collected by the Western Area Power Ad16 ministration pursuant to the Flood Control Act of 1944 

17 and the Reclamation Project Act of 1939 to recover pur18 chase power and wheeling expenses shall be credited to 

19 this account as offsetting collections, to remain available 

20 until expended for the sole purpose of making purchase 

21 power and wheeling expenditures: Provided further, That 

22 for purposes of this appropriation, annual expenses means 

23 expenditures that are generally recovered in the same year 

24 that they are incurred (excluding purchase power and 

25 wheeling expenses). 
40 

•S 1609 PCS

1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $4,176,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 2 of the Act of June 

9 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

10 the provisions of that Act and of 31 U.S.C. 3302, up to 

11 $3,948,000 collected by the Western Area Power Adminis12 tration from the sale of power and related services from 

13 the Falcon and Amistad Dams shall be credited to this 

14 account as discretionary offsetting collections, to remain 

15 available until expended for the sole purpose of funding 

16 the annual expenses of the hydroelectric facilities of these 

17 Dams and associated Western Area Power Administration 

18 activities: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 

20 are received during the fiscal year so as to result in a final 

21 fiscal year 2018 appropriation estimated at not more than 

22 $228,000: Provided further, That for purposes of this ap23 propriation, annual expenses means expenditures that are 

24 generally recovered in the same year that they are in25 curred: Provided further, That for fiscal year 2018, the 
41 

•S 1609 PCS

1 Administrator of the Western Area Power Administration 

2 may accept up to $872,000 in funds contributed by United 

3 States power customers of the Falcon and Amistad Dams 

4 for deposit into the Falcon and Amistad Operating and 

5 Maintenance Fund, and such funds shall be available for 

6 the purpose for which contributed in like manner as if said 

7 sums had been specifically appropriated for such purpose: 

8 Provided further, That any such funds shall be available 

9 without further appropriation and without fiscal year limi10 tation for use by the Commissioner of the United States 

11 Section of the International Boundary and Water Com12 mission for the sole purpose of operating, maintaining, re13 pairing, rehabilitating, replacing, or upgrading the hydro14 electric facilities at these Dams in accordance with agree15 ments reached between the Administrator, Commissioner, 

16 and the power customers. 

17 FEDERAL ENERGY REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary for the Federal Energy Regu20 latory Commission to carry out the provisions of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

22 seq.), including services as authorized by 5 U.S.C. 3109, 

23 official reception and representation expenses not to ex24 ceed $3,000, and the hire of passenger motor vehicles, 

25 $367,600,000, to remain available until expended: Pro-
42 

•S 1609 PCS

1 vided, That notwithstanding any other provision of law, 

2 not to exceed $367,600,000 of revenues from fees and an3 nual charges, and other services and collections in fiscal 

4 year 2018 shall be retained and used for expenses nec5 essary in this account, and shall remain available until ex6 pended: Provided further, That the sum herein appro7 priated from the general fund shall be reduced as revenues 

8 are received during fiscal year 2018 so as to result in a 

9 final fiscal year 2018 appropriation from the general fund 

10 estimated at not more than $0. 

11 GENERAL PROVISIONS—DEPARTMENT OF 

12 ENERGY 

13 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

14 SEC. 301. (a) No appropriation, funds, or authority 

15 made available by this title for the Department of Energy 

16 shall be used to initiate or resume any program, project, 

17 or activity or to prepare or initiate Requests For Proposals 

18 or similar arrangements (including Requests for 

19 Quotations, Requests for Information, and Funding Op20 portunity Announcements) for a program, project, or ac21 tivity if the program, project, or activity has not been 

22 funded by Congress. 

23 (b)(1) Unless the Secretary of Energy notifies the 

24 Committees on Appropriations of both Houses of Congress 
43 

•S 1609 PCS

1 at least 3 full business days in advance, none of the funds 

2 made available in this title may be used to— 

3 (A) make a grant allocation or discretionary 

4 grant award totaling $1,000,000 or more; 

5 (B) make a discretionary contract award or 

6 Other Transaction Agreement totaling $1,000,000 

7 or more, including a contract covered by the Federal 

8 Acquisition Regulation; 

9 (C) issue a letter of intent to make an alloca10 tion, award, or Agreement in excess of the limits in 

11 subparagraph (A) or (B); or 

12 (D) announce publicly the intention to make an 

13 allocation, award, or Agreement in excess of the lim14 its in subparagraph (A) or (B). 

15 (2) The Secretary of Energy shall submit to the Com16 mittees on Appropriations of both Houses of Congress 

17 within 15 days of the conclusion of each quarter a report 

18 detailing each grant allocation or discretionary grant 

19 award totaling less than $1,000,000 provided during the 

20 previous quarter. 

21 (3) The notification required by paragraph (1) and 

22 the report required by paragraph (2) shall include the re23 cipient of the award, the amount of the award, the fiscal 

24 year for which the funds for the award were appropriated, 

25 the account and program, project, or activity from which 
44 

•S 1609 PCS

1 the funds are being drawn, the title of the award, and 

2 a brief description of the activity for which the award is 

3 made. 

4 (c) The Department of Energy may not, with respect 

5 to any program, project, or activity that uses budget au6 thority made available in this title under the heading ‘‘De7 partment of Energy—Energy Programs’’, enter into a 

8 multiyear contract, award a multiyear grant, or enter into 

9 a multiyear cooperative agreement unless— 

10 (1) the contract, grant, or cooperative agree11 ment is funded for the full period of performance as 

12 anticipated at the time of award; or 

13 (2) the contract, grant, or cooperative agree14 ment includes a clause conditioning the Federal Gov15 ernment’s obligation on the availability of future 

16 year budget authority and the Secretary notifies the 

17 Committees on Appropriations of both Houses of 

18 Congress at least 3 days in advance. 

19 (d) Except as provided in subsections (e), (f), and (g), 

20 the amounts made available by this title shall be expended 

21 as authorized by law for the programs, projects, and ac22 tivities specified in the ‘‘Committee recommendation’’ col23 umn in the ‘‘Department of Energy’’ table included under 

24 the heading ‘‘Title III—Department of Energy’’ in the re-
45 

•S 1609 PCS

1 port of the Committee on Appropriations accompanying 

2 this Act. 

3 (e) The amounts made available by this title may be 

4 reprogrammed for any program, project, or activity, and 

5 the Department shall notify, and obtain the prior approval 

6 of, the Committees on Appropriations of both Houses of 

7 Congress at least 30 days prior to the use of any proposed 

8 reprogramming that would cause any program, project, or 

9 activity funding level to increase or decrease by more than 

10 $500,000 or 1 percent, whichever is less, during the time 

11 period covered by this Act. 

12 (f) None of the funds provided in this title shall be 

13 available for obligation or expenditure through a re14 programming of funds that— 

15 (1) creates, initiates, or eliminates a program, 

16 project, or activity; 

17 (2) increases funds or personnel for any pro18 gram, project, or activity for which funds are denied 

19 or restricted by this Act; or 

20 (3) reduces funds that are directed to be used 

21 for a specific program, project, or activity by this 

22 Act. 

23 (g)(1) The Secretary of Energy may waive any re24 quirement or restriction in this section that applies to the 

25 use of funds made available for the Department of Energy 
46 

•S 1609 PCS

1 if compliance with such requirement or restriction would 

2 pose a substantial risk to human health, the environment, 

3 welfare, or national security. 

4 (2) The Secretary of Energy shall notify the Commit5 tees on Appropriations of both Houses of Congress of any 

6 waiver under paragraph (1) as soon as practicable, but 

7 not later than 3 days after the date of the activity to which 

8 a requirement or restriction would otherwise have applied. 

9 Such notice shall include an explanation of the substantial 

10 risk under paragraph (1) that permitted such waiver. 

11 (h) The unexpended balances of prior appropriations 

12 provided for activities in this Act may be available to the 

13 same appropriation accounts for such activities established 

14 pursuant to this title. Available balances may be merged 

15 with funds in the applicable established accounts and 

16 thereafter may be accounted for as one fund for the same 

17 time period as originally enacted. 

18 SEC. 302. Funds appropriated by this or any other 

19 Act, or made available by the transfer of funds in this 

20 Act, for intelligence activities are deemed to be specifically 

21 authorized by the Congress for purposes of section 504 

22 of the National Security Act of 1947 (50 U.S.C. 3094) 

23 during fiscal year 2018 until the enactment of the Intel24 ligence Authorization Act for fiscal year 2018. 
47 

•S 1609 PCS

1 SEC. 303. None of the funds made available in this 

2 title shall be used for the construction of facilities classi3 fied as high-hazard nuclear facilities under 10 CFR Part 

4 830 unless independent oversight is conducted by the Of5 fice of Enterprise Assessments to ensure the project is in 

6 compliance with nuclear safety requirements. 

7 SEC. 304. None of the funds made available in this 

8 title may be used to approve critical decision-2 or critical 

9 decision-3 under Department of Energy Order 413.3B, or 

10 any successive departmental guidance, for construction 

11 projects where the total project cost exceeds 

12 $100,000,000, until a separate independent cost estimate 

13 has been developed for the project for that critical deci14 sion. 

15 SEC. 305. Notwithstanding section 301(c) of this Act, 

16 none of the funds made available under the heading ‘‘De17 partment of Energy—Energy Programs—Science’’ in this 

18 or any subsequent Energy and Water Development and 

19 Related Agencies Appropriations Act for any fiscal year 

20 may be used for a multiyear contract, grant, cooperative 

21 agreement, or Other Transaction Agreement of 

22 $1,000,000 or less unless the contract, grant, cooperative 

23 agreement, or Other Transaction Agreement is funded for 

24 the full period of performance as anticipated at the time 

25 of award. 
48 

•S 1609 PCS

1 SEC. 306. Uranium Lease and Take-Back Fund. 

2 There is hereby established in the Treasury of the United 

3 States a fund to be known as the ‘‘Uranium Lease and 

4 Take-Back Fund’’ (the Fund) for the costs necessary to 

5 service the lease and take-back contracts entered into by 

6 the Department of Energy pursuant to section 3173 of 

7 the National Defense Authorization Act for Fiscal Year 

8 2013, including the costs of production and packaging of 

9 low enriched uranium for delivery and the costs of taking 

10 back target residue or spent nuclear fuel for final disposi11 tion. For initial capitalization, there is appropriated 

12 $1,000,000 to the Fund, to remain available until ex13 pended. Notwithstanding 31 U.S.C. 3302, revenues re14 ceived under section 3173 of such Act in this and subse15 quent fiscal years shall be credited to the Fund as discre16 tionary offsetting collections and shall not be available 

17 until appropriated. 

18 SEC. 307. (a) DEFINITIONS.—In this section: 

19 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af20 fected Indian tribe’’ has the meaning given the term 

21 in section 2 of the Nuclear Waste Policy Act of 1982 

22 (42 U.S.C. 10101). 

23 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

24 term ‘‘high-level radioactive waste’’ has the meaning 
49 

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1 given the term in section 2 of the Nuclear Waste 

2 Policy Act of 1982 (42 U.S.C. 10101). 

3 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu4 clear Waste Fund’’ means the Nuclear Waste Fund 

5 established under section 302(c) of the Nuclear 

6 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (5) SPENT NUCLEAR FUEL.—The term ‘‘spent 

10 nuclear fuel’’ has the meaning given the term in sec11 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

12 U.S.C. 10101). 

13 (b) PILOT PROGRAM.—Notwithstanding any provi14 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

15 10101 et seq.), the Secretary is authorized, in the current 

16 fiscal year and subsequent fiscal years, to conduct a pilot 

17 program to license, construct, and operate 1 or more Fed18 eral consolidated storage facilities to provide interim stor19 age as needed for spent nuclear fuel and high-level radio20 active waste, with priority for storage given to spent nu21 clear fuel located on sites without an operating nuclear 

22 reactor. 

23 (c) REQUESTS FOR PROPOSALS.—Not later than 120 

24 days after the date of enactment of this Act, the Secretary 
50 

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1 shall issue a request for proposals for cooperative agree2 ments— 

3 (1) to obtain any license necessary from the 

4 Nuclear Regulatory Commission for the construction 

5 of 1 or more consolidated storage facilities; 

6 (2) to demonstrate the safe transportation of 

7 spent nuclear fuel and high-level radioactive waste, 

8 as applicable; and 

9 (3) to demonstrate the safe storage of spent nu10 clear fuel and high-level radioactive waste, as appli11 cable, at the 1 or more consolidated storage facilities 

12 pending the construction and operation of deep geo13 logic disposal capacity for the permanent disposal of 

14 the spent nuclear fuel. 

15 (d) CONSENT-BASED APPROVAL.—Prior to siting a 

16 consolidated storage facility pursuant to this section, the 

17 Secretary shall enter into an agreement to host the facility 

18 with— 

19 (1) the Governor of the State; 

20 (2) each unit of local government within the ju21 risdiction of which the facility is proposed to be lo22 cated; and 

23 (3) each affected Indian tribe. 

24 (e) APPLICABILITY.—In executing this section, the 

25 Secretary shall comply with— 
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1 (1) all licensing requirements and regulations of 

2 the Nuclear Regulatory Commission; and 

3 (2) all other applicable laws (including regula4 tions). 

5 (f) PILOT PROGRAM PLAN.—Not later than 120 days 

6 after the date on which the Secretary issues the request 

7 for proposals under subsection (c), the Secretary shall sub8 mit to Congress a plan to carry out this section that in9 cludes— 

10 (1) an estimate of the cost of licensing, con11 structing, and operating a consolidated storage facil12 ity, including the transportation costs, on an annual 

13 basis, over the expected lifetime of the facility; 

14 (2) a schedule for— 

15 (A) obtaining any license necessary to con16 struct and operate a consolidated storage facil17 ity from the Nuclear Regulatory Commission; 

18 (B) constructing the facility; 

19 (C) transporting spent fuel to the facility; 

20 and 

21 (D) removing the spent fuel and decom22 missioning the facility; 

23 (3) an estimate of the cost of any financial as24 sistance, compensation, or incentives proposed to be 
52 

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1 paid to the host State, Indian tribe, or local govern2 ment; 

3 (4) an estimate of any future reductions in the 

4 damages expected to be paid by the United States 

5 for the delay of the Department of Energy in accept6 ing spent fuel expected to result from the pilot pro7 gram; 

8 (5) recommendations for any additional legisla9 tion needed to authorize and implement the pilot 

10 program; and 

11 (6) recommendations for a mechanism to en12 sure that any spent nuclear fuel or high-level radio13 active waste stored at a consolidated storage facility 

14 pursuant to this section shall move to deep geologic 

15 disposal capacity, following a consent-based approval 

16 process for that deep geologic disposal capacity con17 sistent with subsection (d), within a reasonable time 

18 after the issuance of a license to construct and oper19 ate the consolidated storage facility. 

20 (g) PUBLIC PARTICIPATION.—Prior to choosing a 

21 site for the construction of a consolidated storage facility 

22 under this section, the Secretary shall conduct 1 or more 

23 public hearings in the vicinity of each potential site and 

24 in at least 1 other location within the State in which the 
53 

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1 site is located to solicit public comments and recommenda2 tions. 

3 (h) USE OF NUCLEAR WASTE FUND.—The Secretary 

4 may make expenditures from the Nuclear Waste Fund to 

5 carry out this section, subject to appropriations. 

6 SEC. 308. Of the amounts made available by the act 

7 for the ‘‘National Nuclear Security Administration— 

8 Weapons Activities’’, up to $40,000,000 may be repro9 grammed within such account for the Stockpile Respon10 siveness Program, subject to the notice requirement in sec11 tion 301(e). 

12 SEC. 309. (a) Of the authority provided in prior year 

13 appropriations Acts for commitments to guarantee loans 

14 under title XVII of the Energy Policy Act of 2005, 

15 $23,670,000,000 is hereby rescinded. 

16 (b) Of the subsidy amounts provided by section 1425 

17 of the Department of Defense and Full-Year Continuing 

18 Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 

19 126), for the cost of loan guarantees for renewable energy 

20 or efficient end-use energy technologies under section 

21 1703 of the Energy Policy Act of 2005 (42 U.S.C. 15513), 

22 $160,660,000 is hereby rescinded. 

23 (c) No amounts may be rescinded by this section from 

24 amounts that were designated by the Congress as an 

25 emergency requirement pursuant to a concurrent resolu-
54 

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1 tion on the budget or the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 SEC. 310. (a) From unobligated balances available 

4 from amounts appropriated in prior fiscal years for ‘‘De5 partment of Energy—Atomic Energy Defense Activities— 

6 National Nuclear Security Administration—Weapons Ac7 tivities’’, $64,000,000 is hereby rescinded. 

8 (b) No amounts may be rescinded by this section 

9 from amounts that were designated by the Congress as 

10 an emergency requirement pursuant to a concurrent reso11 lution on the budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 SEC. 311. (a) From unobligated balances available 

14 from amounts appropriated in prior fiscal years for ‘‘De15 partment of Energy—Atomic Energy Defense Activities— 

16 National Nuclear Security Administration—Defense Nu17 clear Nonproliferation’’, $49,000,000 is hereby rescinded. 

18 (b) No amounts may be rescinded by this section 

19 from amounts that were designated by the Congress as 

20 an emergency requirement pursuant to a concurrent reso21 lution on the budget or the Balanced Budget and Emer22 gency Deficit Control Act of 1985. 

23 SEC. 312. Notwithstanding section 161 of the Energy 

24 Policy and Conservation Act (42 U.S.C. 6241), the Sec25 retary of Energy shall draw down and sell one million bar-
55 

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1 rels of refined petroleum product from the Strategic Pe2 troleum Reserve during fiscal year 2018. Proceeds from 

3 sales under this section shall be deposited into the general 

4 fund of the Treasury during fiscal year 2018. 

5 SEC. 313. Not later than 90 days after the date of 

6 enactment of this Act, the Secretary of the Department 

7 of Energy, in consultation with the Office of Management 

8 and Budget, shall submit a report to the Committees on 

9 Appropriations of both Houses of Congress that provides 

10 a detailed explanation, using specific receipts data and 

11 legal authorities, of how each of the Western Area Power 

12 Administration, the Southwestern Area Power Adminis13 tration, and the Southeastern Power Administration are 

14 executing current receipt authority provided in this and 

15 prior year appropriations Acts to create carryover of unob16 ligated balances for purchase power and wheeling expendi17 tures. 

18 TITLE IV 

19 INDEPENDENT AGENCIES 

20 APPALACHIAN REGIONAL COMMISSION

21 For expenses necessary to carry out the programs au22 thorized by the Appalachian Regional Development Act of 

23 1965, and for expenses necessary for the Federal Co24 Chairman and the Alternate on the Appalachian Regional 

25 Commission, for payment of the Federal share of the ad-
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1 ministrative expenses of the Commission, including serv2 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

3 motor vehicles, $142,000,000, to remain available until ex4 pended. 

5 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

6 SALARIES AND EXPENSES

7 For expenses necessary for the Defense Nuclear Fa8 cilities Safety Board in carrying out activities authorized 

9 by the Atomic Energy Act of 1954, as amended by Public 

10 Law 100–456, section 1441, $30,000,000, to remain 

11 available until September 30, 2019. 

12 DELTA REGIONAL AUTHORITY

13 SALARIES AND EXPENSES

14 For expenses necessary for the Delta Regional Au15 thority and to carry out its activities, as authorized by 

16 the Delta Regional Authority Act of 2000, notwith17 standing sections 382F(d), 382M, and 382N of said Act, 

18 $25,000,000, to remain available until expended. 

19 DENALI COMMISSION

20 For expenses necessary for the Denali Commission 

21 including the purchase, construction, and acquisition of 

22 plant and capital equipment as necessary and other ex23 penses, $15,000,000, to remain available until expended, 

24 notwithstanding the limitations contained in section 

25 306(g) of the Denali Commission Act of 1998: Provided, 
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1 That funds shall be available for construction projects in 

2 an amount not to exceed 80 percent of total project cost: 

3 Provided further, That, notwithstanding any other provi4 sion of law regarding payment of a non-Federal share in 

5 connection with a grant-in-aid program, amounts under 

6 this heading shall be available for the payment of such 

7 a non-Federal share for programs undertaken to carry out 

8 the purposes of the Commission. 

9 NORTHERN BORDER REGIONAL COMMISSION

10 For expenses necessary for the Northern Border Re11 gional Commission in carrying out activities authorized by 

12 subtitle V of title 40, United States Code, $15,000,000, 

13 to remain available until expended: Provided, That such 

14 amounts shall be available for administrative expenses, 

15 notwithstanding section 15751(b) of title 40, United 

16 States Code. 

17 NUCLEAR REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 (INCLUDING RESCISSION OF FUNDS)

20 For expenses necessary for the Commission in car21 rying out the purposes of the Energy Reorganization Act 

22 of 1974 and the Atomic Energy Act of 1954, 

23 $914,137,000, including official representation expenses 

24 not to exceed $25,000, to remain available until expended: 

25 Provided, That of the amount appropriated herein, not 
58 

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1 more than $7,500,000 may be made available for salaries, 

2 travel, and other support costs for the Office of the Com3 mission, to remain available until September 30, 2019, of 

4 which, notwithstanding section 201(a)(2)(c) of the Energy 

5 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 

6 the use and expenditure shall only be approved by a major7 ity vote of the Commission: Provided further, That reve8 nues from licensing fees, inspection services, and other 

9 services and collections estimated at $807,848,000 in fis10 cal year 2018 shall be retained and used for necessary 

11 salaries and expenses in this account, notwithstanding 31 

12 U.S.C. 3302, and shall remain available until expended: 

13 Provided further, That the sum herein appropriated shall 

14 be reduced by the amount of revenues received during fis15 cal year 2018 so as to result in a final fiscal year 2018 

16 appropriation estimated at not more than $106,221,000: 

17 Provided further, That of the amounts appropriated under 

18 this heading, $10,000,000 shall be for university research 

19 and development in areas relevant to the Commission’s 

20 mission, and $5,000,000 shall be for a Nuclear Science 

21 and Engineering Grant Program that will support 

22 multiyear projects that do not align with programmatic 

23 missions but are critical to maintaining the discipline of 

24 nuclear science and engineering: Provided further, That 

25 $68,076.04 of unobligated balances from the funds trans-
59 

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1 ferred to the Nuclear Regulatory Commission from the 

2 United States Agency for International Development pur3 suant to section 632(a) of the Foreign Assistance Act of 

4 1961 are rescinded: Provided further, That no amounts in 

5 the previous proviso shall be rescinded from amounts that 

6 were designated by Congress as an emergency requirement 

7 pursuant to a concurrent resolution on the budget or the 

8 Balanced Budget and Emergency Deficit Control Act of 

9 1985. 

10 OFFICE OF INSPECTOR GENERAL

11 For expenses necessary for the Office of Inspector 

12 General in carrying out the provisions of the Inspector 

13 General Act of 1978, $12,859,000, to remain available 

14 until September 30, 2019: Provided, That revenues from 

15 licensing fees, inspection services, and other services and 

16 collections estimated at $10,555,000 in fiscal year 2018 

17 shall be retained and be available until September 30, 

18 2019, for necessary salaries and expenses in this account, 

19 notwithstanding 31 U.S.C. 3302: Provided further, That 

20 the sum herein appropriated shall be reduced by the 

21 amount of revenues received during fiscal year 2018 so 

22 as to result in a final fiscal year 2018 appropriation esti23 mated at not more than $2,304,000: Provided further, 

24 That of the amounts appropriated under this heading, 

25 $1,131,000 shall be for Inspector General services for the 
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1 Defense Nuclear Facilities Safety Board, which shall not 

2 be available from fee revenues. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Nuclear Waste Tech6 nical Review Board, as authorized by Public Law 100– 

7 203, section 5051, $3,600,000, to be derived from the Nu8 clear Waste Fund, to remain available until September 30, 

9 2019. 

10 GENERAL PROVISIONS—INDEPENDENT 

11 AGENCIES 

12 SEC. 401. The Nuclear Regulatory Commission shall 

13 comply with the July 5, 2011, version of Chapter VI of 

14 its Internal Commission Procedures when responding to 

15 Congressional requests for information. 

16 SEC. 402. (a) The amounts made available by this 

17 title for the Nuclear Regulatory Commission may be re18 programmed for any program, project, or activity, and the 

19 Commission shall notify the Committees on Appropria20 tions of both Houses of Congress at least 30 days prior 

21 to the use of any proposed reprogramming that would 

22 cause any program funding level to increase or decrease 

23 by more than $500,000 or 10 percent, whichever is less, 

24 during the time period covered by this Act. 
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1 (b)(1) The Nuclear Regulatory Commission may 

2 waive the notification requirement in subsection (a) if 

3 compliance with such requirement would pose a substan4 tial risk to human health, the environment, welfare, or na5 tional security. 

6 (2) The Nuclear Regulatory Commission shall notify 

7 the Committees on Appropriations of both Houses of Con8 gress of any waiver under paragraph (1) as soon as prac9 ticable, but not later than 3 days after the date of the 

10 activity to which a requirement or restriction would other11 wise have applied. Such notice shall include an explanation 

12 of the substantial risk under paragraph (1) that permitted 

13 such waiver and shall provide a detailed report to the 

14 Committees of such waiver and changes to funding levels 

15 to programs, projects, or activities. 

16 (c) Except as provided in subsections (a), (b), and 

17 (d), the amounts made available by this title for ‘‘Nuclear 

18 Regulatory Commission—Salaries and Expenses’’ shall be 

19 expended as directed in the report of the Committee on 

20 Appropriations accompanying this Act. 

21 (d) None of the funds provided for the Nuclear Regu22 latory Commission shall be available for obligation or ex23 penditure through a reprogramming of funds that in24 creases funds or personnel for any program, project, or 
62 

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1 activity for which funds are denied or restricted by this 

2 Act. 

3 (e) The Commission shall provide a monthly report 

4 to the Committees on Appropriations of both Houses of 

5 Congress, which includes the following for each program, 

6 project, or activity, including any prior year appropria7 tions— 

8 (1) total budget authority; 

9 (2) total unobligated balances; and 

10 (3) total unliquidated obligations. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 SEC. 501. None of the funds appropriated by this Act 

14 may be used in any way, directly or indirectly, to influence 

15 congressional action on any legislation or appropriation 

16 matters pending before Congress, other than to commu17 nicate to Members of Congress as described in 18 U.S.C. 

18 1913. 

19 SEC. 502. (a) None of the funds made available in 

20 title III of this Act may be transferred to any department, 

21 agency, or instrumentality of the United States Govern22 ment, except pursuant to a transfer made by or transfer 

23 authority provided in this Act or any other appropriations 

24 Act for any fiscal year, transfer authority referenced in 

25 the report of the Committee on Appropriations accom-
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1 panying this Act, or any authority whereby a department, 

2 agency, or instrumentality of the United States Govern3 ment may provide goods or services to another depart4 ment, agency, or instrumentality. 

5 (b) None of the funds made available for any depart6 ment, agency, or instrumentality of the United States 

7 Government may be transferred to accounts funded in title 

8 III of this Act, except pursuant to a transfer made by or 

9 transfer authority provided in this Act or any other appro10 priations Act for any fiscal year, transfer authority ref11 erenced in the explanatory statement described in section 

12 4 (in the matter preceding division A of this consolidated 

13 Act), or any authority whereby a department, agency, or 

14 instrumentality of the United States Government may 

15 provide goods or services to another department, agency, 

16 or instrumentality. 

17 (c) The head of any relevant department or agency 

18 funded in this Act utilizing any transfer authority shall 

19 submit to the Committees on Appropriations of both 

20 Houses of Congress a semiannual report detailing the 

21 transfer authorities, except for any authority whereby a 

22 department, agency, or instrumentality of the United 

23 States Government may provide goods or services to an24 other department, agency, or instrumentality, used in the 

25 previous 6 months and in the year-to-date. This report 
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1 shall include the amounts transferred and the purposes 

2 for which they were transferred, and shall not replace or 

3 modify existing notification requirements for each author4 ity. 

5 This division may be cited as the ‘‘Energy and Water 

6 Development and Related Agencies Appropriations Act, 

7 2018’’. 

Calendar No. 178 

115TH CONGRESS 

1ST SESSION S. 1609 

[Report No. 115–132] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2018, and for other pur- opment and related agencies for the fiscal year 

JULY 20, 2017 

Read twice and placed on the calendar