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 
thereafter may be accounted for as one fund for the same 
time period as originally enacted. 
SEC. 302. 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 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 3094) 
during fiscal year 2018 until the enactment of the Intel-
ligence Authorization Act for fiscal year 2018. 
SEC. 303. None of the funds made available in this 
title shall be used for the construction of facilities classi-
fied as high-hazard nuclear facilities under 10 CFR Part 
830 unless independent oversight is conducted by the Of-
fice of Enterprise Assessments to ensure the project is in 
compliance with nuclear safety requirements. 
SEC. 304. 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 
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any successive departmental guidance, for construction 
projects 
where 
the 
total 
project 
cost 
exceeds 
$100,000,000, until a separate independent cost estimate 
has been developed for the project for that critical deci-
sion. 
SEC. 305. (a) None of the funds made available in 
this or any prior Act under the heading ‘‘Defense Nuclear 
Nonproliferation’’ may be made available to enter into new 
contracts with, or new agreements for Federal assistance 
to, the Russian Federation. 
(b) The Secretary of Energy may waive the prohibi-
tion in subsection (a) if the Secretary determines that 
such activity is in the national security interests of the 
United States. This waiver authority may not be dele-
gated. 
(c) A waiver under subsection (b) shall not be effec-
tive until 15 days after the date on which the Secretary 
submits to the Committees on Appropriations of both 
Houses of Congress, in classified form if necessary, a re-
port on the justification for the waiver. 
SEC. 306. Notwithstanding section 161 of the Energy 
Policy and Conservation Act (42 U.S.C. 6241), upon a 
determination by the President in this fiscal year that a 
regional supply shortage of refined petroleum product of 
significant scope and duration exists, that a severe in-
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crease in the price of refined petroleum product will likely 
result from such shortage, and that a draw down and sale 
of refined petroleum product would assist directly and sig-
nificantly in reducing the adverse impact of such shortage, 
the Secretary of Energy may draw down and sell refined 
petroleum product from the Strategic Petroleum Reserve. 
Proceeds from a sale under this section shall be deposited 
into the SPR Petroleum Account established in section 
167 of the Energy Policy and Conservation Act (42 U.S.C. 
6247), and such amounts shall be available for obligation, 
without fiscal year limitation, consistent with that section. 
SEC. 307. (a) DRAWDOWN
AND SALE.—Notwith-
standing section 161 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6241), and in addition to sales author-
ized in sections 403 and 404 of the Bipartisan Budget 
Act of 2015 (42 U.S.C. 6241; 42 U.S.C. 6239 note) and 
section 5010 of the 21st Century Cures Act (42 U.S.C. 
6241 note), the Secretary of Energy shall draw down and 
sell up to $8,400,000 of crude oil from the Strategic Pe-
troleum Reserve during this fiscal year. 
(b) PROCEEDS.—Proceeds from a sale under this sec-
tion shall be deposited into the SPR Petroleum Account 
during this fiscal year and shall be available for the costs 
of crude oil sales authorized in sections 403 and 404 of 
the Bipartisan Budget Act of 2015 (42 U.S.C. 6241; 42 
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U.S.C. 6239 note) and section 5010 of the 21st Century 
Cures Act (42 U.S.C. 6241 note), to remain available until 
expended. 
(c) EMERGENCY PROTECTION.—The Secretary shall 
not draw down and sell crude oil under this section in 
amounts that would limit the authority to sell petroleum 
products under section 161(h) of the Energy Policy and 
Conservation Act (42 U.S.C. 6241(h)) in the full amount 
authorized by that subsection. 
SEC. 308. (a) NEW REGIONAL RESERVES.—The Sec-
retary of Energy may not establish any new regional pe-
troleum product reserve unless funding for the proposed 
regional petroleum product reserve is explicitly requested 
in advance in an annual budget submission and approved 
by the Congress in an appropriations Act. 
(b) The budget request or notification shall include— 
(1) the justification for the new reserve; 
(2) a cost estimate for the establishment, oper-
ation, and maintenance of the reserve, including 
funding sources; 
(3) a detailed plan for operation of the reserve, 
including the conditions upon which the products 
may be released; 
(4) the location of the reserve; and 
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(5) the estimate of the total inventory of the re-
serve. 
SEC. 309. Of the amounts made available under this 
title, not more than $267,901,000 may be transferred to 
the working capital fund established under section 653 of 
the Department of Energy Organization Act (42 U.S.C. 
7263). 
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- 
Chairman and the Alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the ad-
ministrative expenses of the Commission, including serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger 
motor vehicles, $130,000,000, to remain available until ex-
pended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by chapter 21 of the Atomic Energy Act of 1954 (42 
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