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(1) creates, initiates, or eliminates a program, 
project, or activity; 
(2) increases funds or personnel for any pro-
gram, project, or activity for which funds are denied 
or restricted by this Act; or 
(3) reduces funds that are directed to be used for 
a specific program, project, or activity by this Act. 
(g)(1) The Secretary of Energy may waive any re-
quirement or restriction in this section that applies to the 
use of funds made available for the Department of Energy 
if compliance with such requirement or restriction would 
pose a substantial risk to human health, the environment, 
welfare, or national security. 
(2) The Secretary of Energy shall notify the Commit-
tees on Appropriations of both Houses of Congress of any 
waiver under paragraph (1) as soon as practicable, but not 
later than 3 days after the date of the activity to which 
a requirement or restriction would otherwise have applied. 
Such notice shall include an explanation of the substantial 
risk under paragraph (1) that permitted such waiver. 
SEC. 302. The unexpended balances of prior appro-
priations provided for activities in this Act may be avail-
able to the same appropriation accounts for such activities 
established pursuant to this title. Available balances may 
be merged with funds in the applicable established accounts 
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and thereafter may be accounted for as one fund for the 
same time period as originally enacted. 
SEC. 303. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically au-
thorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2016 until the enactment of the Intelligence Authoriza-
tion Act for fiscal year 2016. 
SEC. 304. None of the funds made available in this 
title shall be used for the construction of facilities classified 
as high-hazard nuclear facilities under 10 CFR Part 830 
unless independent oversight is conducted by the Office of 
Independent Enterprise Assessments to ensure the project 
is in compliance with nuclear safety requirements. 
SEC. 305. None of the funds made available in this 
title may be used to approve critical decision-2 or critical 
decision-3 under Department of Energy Order 413.3B, or 
any successive departmental guidance, for construction 
projects where the total project cost exceeds $100,000,000, 
until a separate independent cost estimate has been devel-
oped for the project for that critical decision. 
SEC. 306. (a) DEFINITIONS.—In this section: 
(1) AFFECTED
INDIAN
TRIBE.—The term ‘‘af-
fected Indian tribe’’ has the meaning given the term 
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in section 2 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10101). 
(2) HIGH-LEVEL
RADIOACTIVE
WASTE.—The 
term ‘‘high-level radioactive waste’’ has the meaning 
given the term in section 2 of the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10101). 
(3) NUCLEAR WASTE FUND.—The term ‘‘Nuclear 
Waste Fund’’ means the Nuclear Waste Fund estab-
lished under section 302(c) of the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10222(c)). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(5) SPENT
NUCLEAR
FUEL.—The term ‘‘spent 
nuclear fuel’’ has the meaning given the term in sec-
tion 2 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101). 
(b) PILOT PROGRAM.—Notwithstanding any provision 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
et seq.), the Secretary is authorized, in the current fiscal 
year and subsequent fiscal years, to conduct a pilot pro-
gram, through 1 or more private sector partners, to license, 
construct, and operate 1 or more government or privately 
owned consolidated storage facilities to provide interim 
storage as needed for spent nuclear fuel and high-level ra-
dioactive waste, with priority for storage given to spent nu-
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clear fuel located on sites without an operating nuclear re-
actor. 
(c) REQUESTS FOR PROPOSALS.—Not later than 120 
days after the date of enactment of this Act, the Secretary 
shall issue a request for proposals for cooperative agree-
ments— 
(1) to obtain any license necessary from the Nu-
clear Regulatory Commission for the construction of 
1 or more consolidated storage facilities; 
(2) to demonstrate the safe transportation of 
spent nuclear fuel and high-level radioactive waste, as 
applicable; and 
(3) to demonstrate the safe storage of spent nu-
clear fuel and high-level radioactive waste, as appli-
cable, at the 1 or more consolidated storage facilities 
pending the construction and operation of deep geo-
logic disposal capacity for the permanent disposal of 
the spent nuclear fuel. 
(d) CONSENT-BASED APPROVAL.—Prior to siting a 
consolidated storage facility pursuant to this section, the 
Secretary shall enter into an agreement to host the facility 
with— 
(1) the Governor of the State; 
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(2) each unit of local government within the ju-
risdiction of which the facility is proposed to be lo-
cated; and 
(3) each affected Indian tribe. 
(e) APPLICABILITY.—In executing this section, the Sec-
retary shall comply with— 
(1) all licensing requirements and regulations of 
the Nuclear Regulatory Commission; and 
(2) all other applicable laws (including regula-
tions). 
(f) PILOT PROGRAM PLAN.—Not later than 120 days 
after the date on which the Secretary issues the request for 
proposals under subsection (c), the Secretary shall submit 
to Congress a plan to carry out this section that includes— 
(1) an estimate of the cost of licensing, con-
structing, and operating a consolidated storage facil-
ity, including the transportation costs, on an annual 
basis, over the expected lifetime of the facility; 
(2) a schedule for— 
(A) obtaining any license necessary to con-
struct and operate a consolidated storage facility 
from the Nuclear Regulatory Commission; 
(B) constructing the facility; 
(C) transporting spent fuel to the facility; 
and 
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113 
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(D) removing the spent fuel and decommis-
sioning the facility; and 
(3) an estimate of the cost of any financial as-
sistance, compensation, or incentives proposed to be 
paid to the host State, Indian tribe, or local govern-
ment; 
(4) an estimate of any future reductions in the 
damages expected to be paid by the United States for 
the delay of the Department of Energy in accepting 
spent fuel expected to result from the pilot program; 
(5) recommendations for any additional legisla-
tion needed to authorize and implement the pilot pro-
gram; and 
(6) recommendations for a mechanism to ensure 
that any spent nuclear fuel or high-level radioactive 
waste stored at a consolidated storage facility pursu-
ant to this section shall move to deep geologic disposal 
capacity, following a consent-based approval process 
for that deep geologic disposal capacity consistent 
with subsection (d), within a reasonable time after the 
issuance of a license to construct and operate the con-
solidated storage facility. 
(g) PUBLIC PARTICIPATION.—Prior to choosing a site 
for the construction of a consolidated storage facility under 
this section, the Secretary shall conduct 1 or more public 
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hearings in the vicinity of each potential site and in at 
least 1 other location within the State in which the site 
is located to solicit public comments and recommendations. 
(h) USE OF NUCLEAR WASTE FUND.—The Secretary 
may make expenditures from the Nuclear Waste Fund to 
carry out this section, subject to appropriations. 
SEC. 307. (a) NOTIFICATION OF STRATEGIC PETRO-
LEUM RESERVE DRAWDOWN.—None of the funds made 
available by this Act or any prior or subsequent Act, or 
funds made available in the SPR Petroleum Account, may 
be used in this fiscal year or each subsequent fiscal year, 
to conduct a drawdown (including a test drawdown) and 
sale or exchange of petroleum products from the Strategic 
Petroleum Reserve unless the Secretary of Energy provides 
notice, in accordance with subsection (b), of such exchange, 
or drawdown (including a test drawdown) to the Commit-
tees on Appropriations of both Houses of Congress. 
(b)(1) CONTENT OF NOTIFICATION.—The notification 
required under subsection (a) shall include at a min-
imum— 
(A) the justification for the drawdown or ex-
change, including— 
(i) a specific description of any obligation 
under international energy agreements; and 
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(ii) in the case of a test drawdown, the spe-
cific aspects of the Strategic Petroleum Reserve 
to be tested; 
(B) the provisions of law (including regulations) 
authorizing the drawdown or exchange; 
(C) the number of barrels of petroleum products 
proposed to be withdrawn or exchanged; 
(D) the location of the Strategic Petroleum Re-
serve site or sites from which the petroleum products 
are proposed to be withdrawn; 
(E) a good faith estimate of the expected proceeds 
from the sale of the petroleum products; 
(F) an estimate of the total inventories of petro-
leum products in the Strategic Petroleum Reserve 
after the anticipated drawdown; 
(G) a detailed plan for disposition of the pro-
ceeds after deposit into the SPR Petroleum Account; 
and 
(H) a plan for refilling the Strategic Petroleum 
Reserve, including whether the acquisition will be of 
the same or a different petroleum product. 
(2) TIMING
OF
NOTIFICATION.—The Secretary 
shall provide the notification required under sub-
section (a)— 
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116 
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(A) in the case of an exchange or a draw-
down, as soon as practicable after the exchange 
or drawdown has occurred; and 
(B) in the case of a test drawdown, not 
later than 30 days prior to the test drawdown. 
(c) POST-SALE NOTIFICATION.—In addition to report-
ing requirements under other provisions of law, the Sec-
retary shall, upon the execution of all contract awards in 
this fiscal year and each subsequent fiscal year associated 
with a competitive sale of petroleum products, notify the 
Committees on Appropriations of both Houses of Congress 
of the actual value of the proceeds from the sale. 
(d)(1) NEW
REGIONAL
RESERVES.—The Secretary 
may not establish any new regional petroleum product re-
serve unless funding for the proposed regional petroleum 
product reserve is explicitly requested in advance in an an-
nual budget submission and approved by the Congress in 
an appropriations Act. 
(2) The budget request or notification shall in-
clude— 
(A) the justification for the new reserve; 
(B) a cost estimate for the establishment, 
operation, and maintenance of the reserve, in-
cluding funding sources; 
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HR 2028 RS1S 
(C) a detailed plan for operation of the re-
serve, including the conditions upon which the 
products may be released; 
(D) the location of the reserve; and 
(E) the estimate of the total inventory of the 
reserve. 
SEC. 308. (a) Unobligated balances available from ap-
propriations for fiscal years 2005 through 2010 are hereby 
permanently rescinded from the following accounts of the 
Department of Energy in the specified amounts: 
(1) ‘‘Energy Programs—Energy Efficiency and 
Renewable Energy’’, $16,677,000. 
(2) ‘‘Energy Programs—Electricity Delivery and 
Energy Reliability’’, $900,000. 
(3) 
‘‘Energy 
Programs—Nuclear 
Energy’’, 
$1,665,000. 
(4) ‘‘Energy Programs—Fossil Energy Research 
and Development’’, $12,064,000. 
(5) ‘‘Energy Programs—Science’’, $4,717,000. 
(6) ‘‘Power Marketing Administrations—Con-
struction, Rehabilitation, Operation and Mainte-
nance, 
Western 
Area 
Power 
Administration’’, 
$4,832,000. 
(b) No amounts may be rescinded by this section from 
amounts that were designated by Congress as an emergency 
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requirement pursuant to a concurrent resolution on the 
budget or the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
SEC. 309. (a) Unobligated balances available from ap-
propriations are hereby permanently rescinded from the fol-
lowing accounts of the Department of Energy in the speci-
fied amounts: 
(1) ‘‘Atomic Energy Defense Activities—Na-
tional Nuclear Security Administration—Weapons 
Activities’’, $65,135,000. 
(2) ‘‘Atomic Energy Defense Activities—Na-
tional Nuclear Security Administration—Defense Nu-
clear Nonproliferation’’, $19,324,000. 
(3) ‘‘Atomic Energy Defense Activities—Na-
tional Nuclear Security Administration—Naval Re-
actors’’, $628,000. 
(b) No amounts may be rescinded by this section from 
amounts that were designated by Congress as an emergency 
requirement pursuant to a concurrent resolution on the 
budget or the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
SEC. 310. Of the amounts made available by this Act 
for ‘‘National Nuclear Security Administration—Weapons 
Activities’’, up to $50,000,000 may be reprogrammed with-
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in such account for Domestic Uranium Enrichment, subject 
to the notice requirements in section 301. 
TECHNICAL CORRECTION 
SEC. 311. (a) CONTRACTS FOR STORAGE.—Notwith-
standing any other provision of law and subject to the 
availability of appropriations, the Secretary is authorized, 
in this year and each subsequent fiscal year, to enter into 
contracts to store spent nuclear fuel and high-level radio-
active waste, as applicable, to which the Secretary holds the 
title or has a contract to accept title, at any facility licensed 
by the Nuclear Regulatory Commission for such storage. 
(b) TRANSFER OF TITLE.—Delivery, and acceptance 
by the Secretary, of any spent nuclear fuel or high-level ra-
dioactive waste for storage under this section shall con-
stitute a transfer of title to the Secretary of such spent fuel 
or waste. 
(c) CONTRACT MODIFICATION.—The Secretary is au-
thorized to enter into new contracts or modify existing con-
tracts with any person who generates or holds title to high- 
level radioactive waste or spent nuclear fuel, of domestic 
origin for the acceptance of title, subsequent transportation, 
and storage of such high-level radioactive waste or spent 
nuclear fuel at a facility described under subsection (a). 
SEC. 312. Notwithstanding any other provision of law, 
the provisions of 40 U.S.C. 11319 shall not apply to funds 
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HR 2028 RS1S 
appropriated in this title to Federally Funded Research 
and Development Centers sponsored by the Department of 
Energy. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, notwithstanding 40 U.S.C. 14704, and for expenses 
necessary for the Federal Co-Chairman and the Alternate 
on the Appalachian Regional Commission, for payment of 
the Federal share of the administrative expenses of the Com-
mission, including services as authorized by 5 U.S.C. 3109, 
and hire of passenger motor vehicles, $105,000,000, to re-
main available until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Defense Nuclear Facili-
ties Safety Board in carrying out activities authorized by 
the Atomic Energy Act of 1954, as amended by Public Law 
100–456, section 1441, $29,150,000, to remain available 
until September 30, 2017. 
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DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For expenses necessary for the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, notwithstanding sec-
tions 382C(b)(2), 382F(d), 382M, and 382N of said Act, 
$25,000,000, to remain available until expended. 
DENALI COMMISSION 
For expenses necessary for the Denali Commission in-
cluding the purchase, construction, and acquisition of plant 
and capital equipment as necessary and other expenses, 
$11,000,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998: Provided, That funds shall 
be available for construction projects in an amount not to 
exceed 80 percent of total project cost for distressed commu-
nities, as defined by section 307 of the Denali Commission 
Act of 1998 (division C, title III, Public Law 105–277), 
as amended by section 701 of appendix D, title VII, Public 
Law 106–113 (113 Stat. 1501A–280), and an amount not 
to exceed 50 percent for non-distressed communities. 
NORTHERN BORDER REGIONAL COMMISSION 
For expenses necessary for the Northern Border Re-
gional Commission in carrying out activities authorized by 
subtitle V of title 40, United States Code, $7,500,000, to 
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HR 2028 RS1S 
remain available until expended: Provided, That such 
amounts shall be available for administrative expenses, not-
withstanding section 15751(b) of title 40, United States 
Code. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Commission in carrying 
out the purposes of the Energy Reorganization Act of 1974 
and the Atomic Energy Act of 1954, $990,000,000, includ-
ing official representation expenses not to exceed $25,000, 
to remain available until expended: Provided, That, of the 
amount appropriated herein, not more than $7,500,000 
may be made available for salaries, travel, and other sup-
port costs for the Office of the Commission, to remain avail-
able until September 30, 2017, of which, notwithstanding 
section 201(a)(2)(c) of the Energy Reorganization Act of 
1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure 
shall only be approved by a majority vote of the Commis-
sion: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections esti-
mated at $872,864,000 in fiscal year 2016 shall be retained 
and used for necessary salaries and expenses in this ac-
count, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That the sum 
herein appropriated shall be reduced by the amount of reve-
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nues received during fiscal year 2016 so as to result in a 
final fiscal year 2016 appropriation estimated at not more 
than $117,136,000. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978, $12,136,000, to remain available until Sep-
tember 30, 2017: Provided, That revenues from licensing 
fees, inspection services, and other services and collections 
estimated at $10,060,000 in fiscal year 2016 shall be re-
tained and be available until September 30, 2017, for nec-
essary salaries and expenses in this account, notwith-
standing section 3302 of title 31, United States Code: Pro-
vided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal 
year 2016 so as to result in a final fiscal year 2016 appro-
priation estimated at not more than $2,076,000: Provided 
further, That, of the amounts appropriated under this head-
ing, $958,000 shall be for Inspector General services for the 
Defense Nuclear Facilities Safety Board, which shall not 
be available from fee revenues. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–203, 
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section 5051, $3,600,000, to be derived from the Nuclear 
Waste Fund, to remain available until September 30, 2017. 
GENERAL PROVISIONS—INDEPENDENT 
AGENCIES 
SEC. 401. (a) The amounts made available by this title 
for the Nuclear Regulatory Commission may be repro-
grammed for any program, project, or activity, and the 
Commission shall notify the Committees on Appropriations 
of both Houses of Congress at least 30 days prior to the 
use of any proposed reprogramming that would cause any 
program funding level to increase or decrease by more than 
$500,000 or 10 percent, whichever is less, during the time 
period covered by this Act. 
(b)(1) The Nuclear Regulatory Commission may waive 
the notification requirement in (a) if compliance with such 
requirement would pose a substantial risk to human health, 
the environment, welfare, or national security. 
(2) The Nuclear Regulatory Commission shall notify 
the Committees on Appropriations of both Houses of Con-
gress of any waiver under paragraph (1) as soon as prac-
ticable, but not later than 3 days after the date of the activ-
ity to which a requirement or restriction would otherwise 
have applied. Such notice shall include an explanation of 
the substantial risk under paragraph (1) that permitted 
such waiver and shall provide a detailed report to the Com-
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