Title: Energy and Water Development and Related Agencies Appropriations Act, 2018
Policy area: Economics and Public Finance

Summary:
Energy and Water Development and Related Agencies Appropriations Act, 2018
Provides FY2018 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission.
Provides appropriations for U.S. Army Corps of Engineers civil works projects, including for:
Provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation.
Provides appropriations to DOE for Energy Programs, including:
Provides appropriations to DOE for:
Provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission.
Sets forth permissible and prohibited uses for funds provided by this and other appropriations Acts.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Placed on Calendar Senate (PCS)]

<DOC>





                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2018, and for other purposes, 
namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects, and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $113,465,000, to 
remain available until expended.

                              construction

                    (including rescission of funds)

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$1,703,150,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary to cover 
one-half of the costs of construction, replacement, rehabilitation, and 
expansion of inland waterways projects shall be derived from the Inland 
Waterways Trust Fund, except as otherwise specifically provided for in 
law:  Provided, That of the unobligated balances available from amounts 
provided in fiscal year 2011 and prior years under this heading, 
$35,000,000 is hereby rescinded:  Provided further, That no amounts may 
be rescinded by the previous proviso from amounts that were designated 
by the Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $375,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $3,481,475,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land and 
Water Conservation Fund Act of 1965 shall be derived from that account 
for resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; and of which such sums as become available 
from fees collected under section 217 of Public Law 104-303 shall be 
used to cover the cost of operation and maintenance of the dredged 
material disposal facilities for which such fees have been collected.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $200,000,000, to remain 
available until September 30, 2019.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $117,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$21,904,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $185,000,000, to remain available until September 30, 2019, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during fiscal year 2018:  Provided, 
That no part of any other appropriation provided in this title shall be 
available to fund the civil works activities of the Office of the Chief 
of Engineers or the civil works executive direction and management 
activities of the division offices:  Provided further, That any Flood 
Control and Coastal Emergencies appropriation may be used to fund the 
supervision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurricane, or 
other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $4,406,000, to remain 
available until September 30, 2019.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2018, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects, or 
        activities in excess of the amounts contained in paragraphs (6) 
        through (10), unless prior approval is received from the House 
        and Senate Committees on Appropriations;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000:  Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed:  
        Provided, That for a base level less than $2,000,000, the 
        reprogramming limit is $300,000:  Provided further, That up to 
        $3,000,000 may be reprogrammed for settled contractor claims, 
        changed conditions, or real estate deficiency judgments:  
        Provided further, That up to $300,000 may be reprogrammed into 
        any continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted for the Corps to be able to respond to 
        emergencies:  Provided, That the Chief of Engineers shall 
        notify the House and Senate Committees on Appropriations of 
        these emergency actions as soon thereafter as practicable:  
        Provided further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $5,000,000 per project, study, or activity is allowed:  
        Provided further, That for a base level less than $1,000,000, 
        the reprogramming limit is $150,000:  Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation;
            (9) Mississippi river and tributaries.--The reprogramming 
        guidelines in paragraphs (6), (7), and (8) shall apply to the 
        Investigations, Construction, and Operation and Maintenance 
        portions of the Mississippi River and Tributaries Account, 
        respectively; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the House and Senate Committees 
on Appropriations.
    (c) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (d) Not later than 60 days after the date of enactment of this Act, 
the Secretary shall submit a report to the House and Senate Committees 
on Appropriations to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year 
which shall include:
            (1) A table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        applicable, and the fiscal year enacted level; and
            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed 
        in the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.
    Sec. 102.  The Secretary shall allocate funds made available in 
this Act solely in accordance with the provisions of this Act and the 
accompanying report, including the determination and designation of new 
starts.
    Sec. 103.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 104.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $5,400,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.
    Sec. 105.  None of the funds in this Act shall be used for an open 
lake placement alternative for dredged material, after evaluating the 
least costly, environmentally acceptable manner for the disposal or 
management of dredged material originating from Lake Erie or 
tributaries thereto, unless it is approved under a State water quality 
certification pursuant to section 401 of the Federal Water Pollution 
Control Act (33 U.S.C. 1341):  Provided further, That until an open 
lake placement alternative for dredged material is approved under a 
State water quality certification, the Corps of Engineers shall 
continue upland placement of such dredged material consistent with the 
requirements of section 101 of the Water Resources Development Act of 
1986 (33 U.S.C. 2211).
    Sec. 106.  None of the funds made available in this title may be 
used for any acquisition of buoy chain that is not consistent with 48 
CFR 225.7007, subsections (a)(1) and (a)(2).
    Sec. 107.  None of the funds made available by this Act may be used 
to carry out any water supply reallocation study under the Wolf Creek 
Dam, Lake Cumberland, Kentucky, project authorized under the Act of 
July 24, 1946 (60 Stat. 636, ch. 595).
    Sec. 108.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of the Army, acting through the Chief of 
Engineers, shall publish in the Federal Register and make available for 
public comment the interim report relating to the Tentatively Selected 
Plan for the Great Lakes Mississippi River Interbasin Study Brandon 
Road Study.
    Sec. 109.  Relative to the Rough River Lake Flowage Easement 
Encroachment Resolution Plan, the Chief of Engineers shall submit to 
the Committees on Appropriations of both Houses of Congress, not later 
than 90 days after the date of enactment of this Act, a report that 
includes an inventory of habitable structures and improvements built, 
installed, or established in the flowage easement boundary; whether 
each such structure or improvement in the inventory was built, 
installed or established within the flowage easement boundary before or 
after the surveys conducted by the Corps of Engineers in 2013, 2014, 
and 2015; and what notice landowners had of the flowage easement 
boundary prior to those surveys.
    Sec. 110.  Section 2008 of the Water Resources Development Act of 
2007 (33 U.S.C. 2340) is amended by striking subsection (c).

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $10,500,000, to remain available until expended, of 
which $898,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission:  Provided, That of the amount provided under 
this heading, $1,450,000 shall be available until September 30, 2019, 
for expenses necessary in carrying out related responsibilities of the 
Secretary of the Interior:  Provided further, That for fiscal year 
2018, of the amount made available to the Commission under this Act or 
any other Act, the Commission may use an amount not to exceed 
$1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $1,150,349,000, to remain available until expended, of 
which $67,693,000 shall be available for transfer to the Upper Colorado 
River Basin Fund and $5,551,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam Fund:  
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading:  Provided further, That of 
the total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 6806 shall be derived from that 
Fund or account:  Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which the 
funds were contributed:  Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are available until 
expended for the same purposes as the sums appropriated under this 
heading:  Provided further, That of the amounts provided herein, funds 
may be used for high-priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $41,376,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended:  Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575:  Provided further, That none of the 
funds made available under this heading may be used for the acquisition 
or leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $37,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes:  
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management:  Provided further, 
That CALFED implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2019, $59,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act 
for Water and Related Resources, or provided by previous or subsequent 
appropriations Acts to the agencies or entities funded in title II of 
this Act for Water and Related Resources that remain available for 
obligation or expenditure in fiscal year 2018, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $400,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term transfer means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203. (a) Section 104(c) of the Reclamation States Emergency 
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking 
``2017'' and inserting ``2022''.
    (b) Section 301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (43 U.S.C. 2241) is amended by--
            (1) striking ``2017'' and inserting ``2022''; and
            (2) striking ``$90,000,000'' and inserting 
        ``$120,000,000''.

              use of water for industrial hemp cultivation

    Sec. 204. (a) Definition of Industrial Hemp.--In this section, the 
term ``industrial hemp'' has the meaning given the term in section 
7606(b) of the Agricultural Act of 2014 (7 U.S.C. 5940(b)).
    (b) Use for Industrial Hemp Cultivation.--Notwithstanding the 
Controlled Substances Act (21 U.S.C. 801 et seq.), chapter 81 of title 
41, United States Code, or any other Federal law, an owner of an 
absolute or conditional water right, or an entity that receives or 
distributes water contracted from the Federal Government, may, pursuant 
to State water law, use or sell for use by another person the water 
subject to the water right or the contract, as applicable, for the 
cultivation of industrial hemp, regardless of whether the water has 
passed through a Federal water project, if the growth or cultivation of 
industrial hemp is otherwise authorized under the laws of the State in 
which such use occurs.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,936,988,000, to 
remain available until expended:  Provided, That of such amount, 
$153,500,000 shall be available until September 30, 2019, for program 
direction.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $213,141,000, to 
remain available until expended:  Provided, That of such amount, 
$27,000,000 shall be available until September 30, 2019, for program 
direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $917,020,000, to remain available until 
expended:  Provided, That of such amount the Secretary may obligate up 
to $10,000,000 under existing authorities for contracting for the 
management of used nuclear fuel to which the Secretary holds the title 
or has a contract to accept title:  Provided further, That of such 
amount, $74,218,000 shall be available until September 30, 2019, for 
program direction.

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for plant 
or facility acquisition or expansion, and for conducting inquiries, 
technological investigations and research concerning the extraction, 
processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $572,701,000, to remain available until expended:  Provided, 
That of such amount $57,000,000 shall be available until September 30, 
2019, for program direction.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $4,900,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $180,000,000, to remain available until expended.

         Energy Security and Infrastructure Modernization Fund

    As authorized by section 404 of the Bipartisan Budget Act of 2015 
(Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of Energy shall 
drawdown and sell not to exceed $350,000,000 of crude oil from the 
Strategic Petroleum Reserve in fiscal year 2018:  Provided, That the 
proceeds from such drawdown and sale shall be deposited in this account 
during fiscal year 2018:  Provided further, That such amounts shall 
remain available until expended for necessary expenses to carry out 
modernization and operations and maintenance activities for the 
Strategic Petroleum Reserve.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $6,500,000, to remain available until expended.

                   Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $122,000,000, to 
remain available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $266,000,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$788,000,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$13,732,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 17 passenger motor vehicles 
for replacement only, including one ambulance and one bus, 
$5,550,000,000, to remain available until expended:  Provided, That of 
such amount, $177,000,000 shall be available until September 30, 2019, 
for program direction:  Provided further, That funds made available for 
Basic Energy Sciences shall be expended for the programs, projects, and 
activities specified in the ``Committee recommendation'' column in the 
``Basic Energy Sciences'' table in the report of the Committee on 
Appropriations accompanying this Act.

               Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $330,000,000, to remain available until expended:  
Provided, That of such amount, $29,250,000 shall be available until 
September 30, 2019, for program direction.

              Office of Indian Energy Policy and Programs

    For necessary expenses for Indian Energy activities in carrying out 
the purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), $16,000,000, to remain available until expended:  
Provided, That, of the amount appropriated under this heading, 
$4,800,000 shall be available until September 30, 2019, for program 
direction.

                  Tribal Energy Loan Guarantee Program

    For Department of Energy administrative expenses necessary in 
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to 
remain available until September 30, 2019.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:  Provided, That for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $2,000,000 is appropriated from fees collected in prior years 
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are 
not otherwise appropriated, to remain available until September 30, 
2019:  Provided further, That if the amount in the previous proviso is 
not available from such fees, an amount for such purposes is also 
appropriated from the general fund so as to result in a total amount 
appropriated for such purpose of no more than $2,000,000:  Provided 
further, That fees collected pursuant to such section 1702(h) for 
fiscal year 2018 shall be credited as offsetting collections under this 
heading and shall not be available until appropriated:  Provided 
further, That the Department of Energy shall not subordinate any loan 
obligation to other financing in violation of section 1702 of the 
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to 
any loan or other debt obligations in violation of section 609.10 of 
title 10, Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $5,000,000, to remain available until September 30, 2019.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$238,736,000, to remain available until September 30, 2019, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That such increases 
in cost of work are offset by revenue increases of the same or greater 
amount:  Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $96,000,000 in fiscal year 
2018 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2018 appropriation from the general fund estimated at not more than 
$142,736,000.

                    Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$49,000,000, to remain available until September 30, 2019.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $10,000,071,000, to 
remain available until expended:  Provided, That of such amount, 
$105,600,000 shall be available until September 30, 2019, for program 
direction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,852,310,000, to 
remain available until expended:  Provided, That none of the funds 
provided under this heading, or in prior Acts that remain unobligated, 
shall be available for construction of Project 99-D-143, Mixed Oxide 
Fuel Fabrication Facility.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,436,651,000, 
to remain available until expended:  Provided, That of such amount, 
$44,100,000 shall be available until September 30, 2019, for program 
direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $396,000,000, to remain 
available until September 30, 2019, including official reception and 
representation expenses not to exceed $12,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $5,579,968,000, to 
remain available until expended:  Provided, That of such amount, 
$290,150,000 shall be available until September 30, 2019, for program 
direction:  Provided further, That of such amount, $55,000,000 shall be 
available for the deactivation and decommissioning of high-risk excess 
facilities that are not in the current project inventory of the 
Environmental Management program.

     Defense Uranium Enrichment Decontamination and Decommissioning

                     (including transfer of funds)

    For an additional amount for atomic energy defense environmental 
cleanup activities for Department of Energy contributions for uranium 
enrichment decontamination and decommissioning activities, 
$788,000,000, to be deposited into the Defense Environmental Cleanup 
account which shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund''.

                Uranium Supply and Enrichment Activities

    The unappropriated receipts currently in the Uranium Supply and 
Enrichment Activities account shall be transferred to and merged with 
the Uranium Enrichment Decontamination and Decommissioning Fund and 
shall be available only to the extent provided in advance in 
appropriations Acts.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $784,000,000, to remain available until expended:  Provided, 
That of such amount, $257,116,000 shall be available until September 
30, 2019, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$5,000:  Provided, That during fiscal year 2018, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $6,379,000, including official 
reception and representation expenses in an amount not to exceed 
$1,500, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $6,379,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2018 appropriation estimated at not more 
than $0:  Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$51,000,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $30,288,000, to remain available until expended:  
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $18,888,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2018 appropriation 
estimated at not more than $11,400,000:  Provided further, That 
notwithstanding 31 U.S.C. 3302, up to $10,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $232,276,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $232,276,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $138,904,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2018 appropriation 
estimated at not more than $93,372,000, of which $88,179,000 is derived 
from the Reclamation Fund:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $179,000,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,176,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255):  Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $3,948,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities:  Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2018 appropriation estimated at not more than $228,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred:  Provided further, That for fiscal year 2018, the 
Administrator of the Western Area Power Administration may accept up to 
$872,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose:  Provided further, 
That any such funds shall be available without further appropriation 
and without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, official reception and representation expenses not to 
exceed $3,000, and the hire of passenger motor vehicles, $367,600,000, 
to remain available until expended:  Provided, That notwithstanding any 
other provision of law, not to exceed $367,600,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2018 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 2018 so as to result in a 
final fiscal year 2018 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

             (including transfer and rescissions 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 Opportunity 
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 Committees on 
Appropriations of both Houses of Congress at 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 Acquisition Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (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 Committees on 
Appropriations of both Houses of Congress within 15 days of the 
conclusion of each quarter a report detailing each grant allocation or 
discretionary grant award totaling 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 account and program, project, or activity from 
which the 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 authority made available in this 
title under the heading ``Department 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 anticipated at the time 
        of award; or
            (2) the contract, grant, or cooperative agreement includes 
        a clause conditioning the Federal Government's obligation on 
        the availability of future year budget authority and the 
        Secretary notifies the Committees 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 activities specified in the 
``Committee recommendation'' column in the ``Department of Energy'' 
table included under the heading ``Title III--Department of Energy'' in 
the report of the Committee on Appropriations accompanying this Act.
    (e) The amounts made available by this title may be reprogrammed 
for any program, project, or activity, and the Department shall notify, 
and obtain the prior approval of, 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, project, or 
activity funding level to increase or decrease by more than $500,000 or 
1 percent, whichever 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 reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, 
        or activity;
            (2) increases funds or personnel for any program, 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 requirement 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 Committees 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 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 Intelligence 
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 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 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 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 decision.
    Sec. 305.  Notwithstanding section 301(c) of this Act, none of the 
funds made available under the heading ``Department of Energy--Energy 
Programs--Science'' in this or any subsequent Energy and Water 
Development and Related Agencies Appropriations Act for any fiscal year 
may be used for a multiyear contract, grant, cooperative agreement, or 
Other Transaction Agreement of $1,000,000 or less unless the contract, 
grant, cooperative agreement, or Other Transaction Agreement is funded 
for the full period of performance as anticipated at the time of award.
    Sec. 306.  Uranium Lease and Take-Back Fund. There is hereby 
established in the Treasury of the United States a fund to be known as 
the ``Uranium Lease and Take-Back Fund'' (the Fund) for the costs 
necessary to service the lease and take-back contracts entered into by 
the Department of Energy pursuant to section 3173 of the National 
Defense Authorization Act for Fiscal Year 2013, including the costs of 
production and packaging of low enriched uranium for delivery and the 
costs of taking back target residue or spent nuclear fuel for final 
disposition. For initial capitalization, there is appropriated 
$1,000,000 to the Fund, to remain available until expended. 
Notwithstanding 31 U.S.C. 3302, revenues received under section 3173 of 
such Act in this and subsequent fiscal years shall be credited to the 
Fund as discretionary offsetting collections and shall not be available 
until appropriated.
    Sec. 307. (a) Definitions.--In this section:
            (1) Affected indian tribe.--The term ``affected 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 Policy Act of 1982 (42 U.S.C. 10101).
            (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' 
        means the Nuclear Waste Fund established under section 302(c) 
        of the Nuclear Waste Policy 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 section 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 program to license, construct, and operate 1 or more 
Federal consolidated storage facilities to provide interim storage as 
needed for spent nuclear fuel and high-level radioactive waste, with 
priority for storage given to spent nuclear fuel located on sites 
without an operating nuclear reactor.
    (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 agreements--
            (1) to obtain any license necessary from the Nuclear 
        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 nuclear fuel 
        and high-level radioactive waste, as applicable, at the 1 or 
        more consolidated storage facilities pending the construction 
        and operation of deep geologic 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 jurisdiction 
        of which the facility is proposed to be located; and
            (3) each affected Indian tribe.
    (e) Applicability.--In executing this section, the Secretary shall 
comply with--
            (1) all licensing requirements and regulations of the 
        Nuclear Regulatory Commission; and
            (2) all other applicable laws (including regulations).
    (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, constructing, and 
        operating a consolidated storage facility, 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 construct 
                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 decommissioning the 
                facility;
            (3) an estimate of the cost of any financial assistance, 
        compensation, or incentives proposed to be paid to the host 
        State, Indian tribe, or local government;
            (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 legislation needed 
        to authorize and implement the pilot program; and
            (6) recommendations for a mechanism to ensure that any 
        spent nuclear fuel or high-level radioactive waste stored at a 
        consolidated storage facility pursuant 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 
        consolidated 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. 308.  Of the amounts made available by the act for the 
``National Nuclear Security Administration--Weapons Activities'', up to 
$40,000,000 may be reprogrammed within such account for the Stockpile 
Responsiveness Program, subject to the notice requirement in section 
301(e).
    Sec. 309. (a) Of the authority provided in prior year 
appropriations Acts for commitments to guarantee loans under title XVII 
of the Energy Policy Act of 2005, $23,670,000,000 is hereby rescinded.
    (b) Of the subsidy amounts provided by section 1425 of the 
Department of Defense and Full-Year Continuing Appropriations Act, 2011 
(Public Law 112-10; 125 Stat. 126), for the cost of loan guarantees for 
renewable energy or efficient end-use energy technologies under section 
1703 of the Energy Policy Act of 2005 (42 U.S.C. 15513), $160,660,000 
is hereby rescinded.
    (c) No amounts may be rescinded by this section from amounts that 
were designated by the Congress as an emergency requirement pursuant to 
a concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 310. (a) From unobligated balances available from amounts 
appropriated in prior fiscal years for ``Department of Energy--Atomic 
Energy Defense Activities--National Nuclear Security Administration--
Weapons Activities'', $64,000,000 is hereby rescinded.
    (b) No amounts may be rescinded by this section from amounts that 
were designated by the Congress as an emergency requirement pursuant to 
a concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 311. (a) From unobligated balances available from amounts 
appropriated in prior fiscal years for ``Department of Energy--Atomic 
Energy Defense Activities--National Nuclear Security Administration--
Defense Nuclear Nonproliferation'', $49,000,000 is hereby rescinded.
    (b) No amounts may be rescinded by this section from amounts that 
were designated by the Congress as an emergency requirement pursuant to 
a concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 312.  Notwithstanding section 161 of the Energy Policy and 
Conservation Act (42 U.S.C. 6241), the Secretary of Energy shall draw 
down and sell one million barrels of refined petroleum product from the 
Strategic Petroleum Reserve during fiscal year 2018. Proceeds from 
sales under this section shall be deposited into the general fund of 
the Treasury during fiscal year 2018.
    Sec. 313.  Not later than 90 days after the date of enactment of 
this Act, the Secretary of the Department of Energy, in consultation 
with the Office of Management and Budget, shall submit a report to the 
Committees on Appropriations of both Houses of Congress that provides a 
detailed explanation, using specific receipts data and legal 
authorities, of how each of the Western Area Power Administration, the 
Southwestern Area Power Administration, and the Southeastern Power 
Administration are executing current receipt authority provided in this 
and prior year appropriations Acts to create carryover of unobligated 
balances for purchase power and wheeling expenditures.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 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 administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$142,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $30,000,000, to 
remain available until September 30, 2019.

                        Delta Regional Authority

                         salaries and expenses

    For expenses necessary for the Delta Regional Authority and to 
carry out its activities, as authorized by the Delta Regional Authority 
Act of 2000, notwithstanding sections 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 including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $15,000,000, to remain available until 
expended, notwithstanding 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:  Provided further, That, notwithstanding 
any other provision of law regarding payment of a non-Federal share in 
connection with a grant-in-aid program, amounts under this heading 
shall be available for the payment of such a non-Federal share for 
programs undertaken to carry out the purposes of the Commission.

                  Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $15,000,000, to remain available until expended:  
Provided, That such amounts shall be available for administrative 
expenses, notwithstanding section 15751(b) of title 40, United States 
Code.

                     Nuclear Regulatory Commission

                         salaries and expenses

                    (including rescission of funds)

    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, $914,137,000, including 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 support costs for the 
Office of the Commission, to remain available until September 30, 2019, 
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 
Commission:  Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$807,848,000 in fiscal year 2018 shall be retained and used for 
necessary salaries and expenses in this account, 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 revenues received during fiscal year 2018 so as to result in 
a final fiscal year 2018 appropriation estimated at not more than 
$106,221,000:  Provided further, That of the amounts appropriated under 
this heading, $10,000,000 shall be for university research and 
development in areas relevant to the Commission's mission, and 
$5,000,000 shall be for a Nuclear Science and Engineering Grant Program 
that will support multiyear projects that do not align with 
programmatic missions but are critical to maintaining the discipline of 
nuclear science and engineering:  Provided further, That $68,076.04 of 
unobligated balances from the funds transferred to the Nuclear 
Regulatory Commission from the United States Agency for International 
Development pursuant to section 632(a) of the Foreign Assistance Act of 
1961 are rescinded:  Provided further, That no amounts in the previous 
proviso shall be rescinded 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 
Control Act of 1985.

                      Office of Inspector General

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$12,859,000, to remain available until September 30, 2019:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $10,555,000 in fiscal year 2018 
shall be retained and be available until September 30, 2019, for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302:  Provided further, That the sum herein appropriated shall 
be reduced by the amount of revenues received during fiscal year 2018 
so as to result in a final fiscal year 2018 appropriation estimated at 
not more than $2,304,000:  Provided further, That of the amounts 
appropriated under this heading, $1,131,000 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 Technical Review 
Board, as authorized by Public Law 100-203, section 5051, $3,600,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2019.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Nuclear Regulatory Commission shall comply with the 
July 5, 2011, version of Chapter VI of its Internal Commission 
Procedures when responding to Congressional requests for information.
    Sec. 402. (a) The amounts made available by this title for the 
Nuclear Regulatory Commission may be reprogrammed 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 subsection (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 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 and 
shall provide a detailed report to the Committees of such waiver and 
changes to funding levels to programs, projects, or activities.
    (c) Except as provided in subsections (a), (b), and (d), the 
amounts made available by this title for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' shall be expended as directed in 
the report of the Committee on Appropriations accompanying this Act.
    (d) None of the funds provided for the Nuclear Regulatory 
Commission shall be available for obligation or expenditure through a 
reprogramming of funds that increases funds or personnel for any 
program, project, or activity for which funds are denied or restricted 
by this Act.
    (e) The Commission shall provide a monthly report to the Committees 
on Appropriations of both Houses of Congress, which includes the 
following for each program, project, or activity, including any prior 
year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the report of the 
Committee on Appropriations accompanying this Act, or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (c) The head of any relevant department or agency funded in this 
Act utilizing any transfer authority shall submit to the Committees on 
Appropriations of both Houses of Congress a semiannual report detailing 
the transfer authorities, except for any authority whereby a 
department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality, used in the previous 6 months and in the year-to-date. 
This report shall include the amounts transferred and the purposes for 
which they were transferred, and shall not replace or modify existing 
notification requirements for each authority.
    This division may be cited as the ``Energy and Water Development 
and Related Agencies Appropriations Act, 2018''.
                                                       Calendar No. 178

115th CONGRESS

  1st Session

                                S. 1609

                          [Report No. 115-132]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2018, and for other 
                               purposes.

_______________________________________________________________________

                             July 20, 2017

                 Read twice and placed on the calendar