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$346,800,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not 
to exceed $346,800,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 
2017 shall be retained and used for expenses necessary in 
this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated from 
the general fund shall be reduced as revenues are received 
during fiscal year 2017 so as to result in a final fiscal year 
2017 appropriation from the general fund estimated at not 
more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 301. (a) No appropriation, funds, or authority 
made available by this title for the Department of Energy 
shall be used to initiate or resume any program, project, 
or activity or to prepare or initiate Requests For Proposals 
or 
similar 
arrangements 
(including 
Requests 
for 
Quotations, Requests for Information, and Funding Oppor-
tunity Announcements) for a program, project, or activity 
if the program, project, or activity has not been funded by 
Congress. 
(b)(1) Unless the Secretary of Energy notifies the Com-
mittees on Appropriations of both Houses of Congress at
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least 3 full business days in advance, none of the funds 
made available in this title may be used to— 
(A) make a grant allocation or discretionary 
grant award totaling $1,000,000 or more; 
(B) make a discretionary contract award or 
Other Transaction Agreement totaling $1,000,000 or 
more, including a contract covered by the Federal Ac-
quisition Regulation; 
(C) issue a letter of intent to make an allocation, 
award, or Agreement in excess of the limits in sub-
paragraph (A) or (B); or 
(D) announce publicly the intention to make an 
allocation, award, or Agreement in excess of the limits 
in subparagraph (A) or (B). 
(2) The Secretary of Energy shall submit to the Com-
mittees on Appropriations of both Houses of Congress with-
in 15 days of the conclusion of each quarter a report detail-
ing each grant allocation or discretionary grant award to-
taling less than $1,000,000 provided during the previous 
quarter. 
(3) The notification required by paragraph (1) and the 
report required by paragraph (2) shall include the recipient 
of the award, the amount of the award, the fiscal year for 
which the funds for the award were appropriated, the ac-
count and program, project, or activity from which the
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funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made. 
(c) The Department of Energy may not, with respect 
to any program, project, or activity that uses budget au-
thority made available in this title under the heading ‘‘De-
partment of Energy—Energy Programs’’, enter into a 
multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless— 
(1) the contract, grant, or cooperative agreement 
is funded for the full period of performance as antici-
pated at the time of award; or 
(2) the contract, grant, or cooperative agreement 
includes a clause conditioning the Federal Govern-
ment’s obligation on the availability of future year 
budget authority and the Secretary notifies the Com-
mittees on Appropriations of both Houses of Congress 
at least 3 days in advance. 
(d) Except as provided in subsections (e), (f), and (g), 
the amounts made available by this title shall be expended 
as authorized by law for the programs, projects, and activi-
ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart-
ment of Energy’’ table included under the heading ‘‘Title 
III—Department of Energy’’ in the report of the Committee 
on Appropriations accompanying this Act.
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(e) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and 
the Department shall notify the Committees on Appropria-
tions of both Houses of Congress at least 30 days prior to 
the use of any proposed reprogramming that would cause 
any program, project, or activity funding level to increase 
or decrease by more than $5,000,000 or 10 percent, which-
ever is less, during the time period covered by this Act. 
(f) None of the funds provided in this title shall be 
available for obligation or expenditure through a re-
programming of funds that— 
(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.
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(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. 
(h) The unexpended balances of prior appropriations 
provided for activities in this Act may be available 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 and there-
after may be accounted for as one fund for the same time 
period as originally enacted. 
SEC. 302. (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’’, $50,400,000. 
(2) ‘‘Atomic Energy Defense Activities—Na-
tional Nuclear Security Administration—Defense Nu-
clear Nonproliferation’’, $14,000,000.
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(3) ‘‘Energy Program—Fossil Energy Research 
and Development’’, $240,000,000. 
(4) ‘‘Energy Program—Title 17 Innovative 
Technology Loan Guarantee Program’’, $9,500,000. 
(5) ‘‘Energy Program—Energy Efficiency and 
Renewable Energy’’, $20,600,000. 
(6) 
‘‘Energy 
Program—Nuclear 
Energy’’, 
$231,000. 
(7) ‘‘Energy Program—Strategic Petroleum Re-
serve’’, $150,000. 
(8) ‘‘Energy Program—Naval Petroleum and Oil 
Shale Reserves’’, $150,000. 
(9) ‘‘Energy Program—Science’’, $1,700,000. 
(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. 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. 3094) during fis-
cal year 2017 until the enactment of the Intelligence Au-
thorization Act for fiscal year 2017.
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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 
Enterprise Assessments to ensure the project is in compli-
ance 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 
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-
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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-
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—
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(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; 
(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
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(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 
(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
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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 
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) Not later than 30 days after the date 
of enactment of this Act, the Administrator of the Western
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Area Power Administration shall submit to the appropriate 
committees of Congress a report that— 
(1) examines the use of a provision described in 
subsection (b) in any power contracts of the Western 
Area Power Administration that were executed before 
or on the date of enactment of this Act; and 
(2) explains the circumstances for not including 
a provision described in subsection (b) in power con-
tracts of the Western Area Power Administration exe-
cuted before or on the date of enactment of this Act. 
(b) A provision referred to in subsection (a) is a termi-
nation clause described in section 11 of the general power 
contract provisions of the Western Power Administration, 
effective September 1, 2007. 
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, and for expenses necessary for the Federal Co-Chair-
man and the Alternate on the Appalachian Regional Com-
mission, for payment of the Federal share of the adminis-
trative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $151,000,000, to remain available until expended.
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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, $31,000,000, to remain available 
until September 30, 2018. 
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, 
$15,000,000, 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),