Further Continuing and Security Assistance Appropriations Act, 2017

Bill: 114-hr-2028
Sponsor: full_name: Rep. Simpson, Michael K. [R-ID-2]
Introduced: 2015-04-24
Policy area: Economics and Public Finance
Subjects: Alabama

Alaska

Alternative and renewable resources

Appalachian Regional Commission

Appropriations

Arms control and nonproliferation

Army Corps of Engineers

California

Congressional oversight

Dams and canals

Defense Nuclear Facilities Safety Board

Delta Regional Authority

Denali Commission

Department of Defense

Department of Energy

Department of the Interior

Economic development

Electric power generation and transmission

Emergency planning and evacuation

Energy efficiency and conservation

Energy research

Energy storage, supplies, demand

Environmental health

Executive agency funding and structure

Federal Energy Regulatory Commission (FERC)

Floods and storm protection

Foreign aid and international relief

Georgia

Government lending and loan guarantees

Government studies and investigations

Government trust funds

Hazardous wastes and toxic substances

Hybrid, electric, and advanced technology vehicles

Indian social and development programs

Intelligence activities, surveillance, classified information

Lakes and rivers

Licensing and registrations

Lighting and heating

Lighting, heating, cooling

Manufacturing

Marine and coastal resources, fisheries

Marine and inland water transportation

Minority health

Mississippi River

Missouri

Natural disasters

Navigation, waterways, harbors

Nevada

Nuclear Regulatory Commission (NRC)

Nuclear Waste Technical Review Board

Nuclear power

Nuclear weapons

Oil and gas

Pipelines

Pollution liability

Radioactive wastes and releases

Research administration and funding

Research and development

Rural conditions and development

Russia

Solid waste and recycling

Strategic materials and reserves

Utah

Water quality

Water resources funding

Water storage

Water use and supply

Wildlife conservation and habitat protection
Latest action: action_date: 2016-12-10
text: Became Public Law No: 114-254.

Summaries:
action_date: 2015-04-24
action_desc: Introduced in House
text: <p><b>Energy and Water Development and Related Agencies Appropriations Act, 2016 </b></p> <p>Provides FY2016 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. </p> <p>Provides appropriations for U.S. Army Corps of Engineers civil works projects, including for Investigations, Construction, Mississippi River and Tributaries, Operation and Maintenance, the Regulatory Program, the Formerly Utilized Sites Remedial Action Program, Flood Control and Coastal Emergencies, Expenses, and the Office of the Assistant Secretary of the Army for Civil Works. </p> <p>Provides appropriations to the Department of the Interior for the Central Utah Project, and to the Bureau of Reclamation, including Water and Related Resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and Policy and Administration. </p> <p>Provides appropriations to DOE for Energy Programs, including Energy Efficiency and Renewable Energy, Electricity Delivery and Energy Reliability, Nuclear Energy, Fossil Energy Research and Development, Naval Petroleum and Oil Shale Reserves, the Strategic Petroleum Reserve, the Northeast Home Heating Oil Reserve, the Energy Information Administration, Non-Defense Environmental Cleanup, the Uranium Enrichment Decontamination and Decommissioning Fund, Science, Nuclear Waste Disposal, the Advanced Research Projects Agency-Energy, the Title 17 Innovative Technology Loan Guarantee Program, the Advanced Technology Vehicles Manufacturing Loan Program, Departmental Administration, and the Office of the Inspector General. </p> <p>Provides appropriations to DOE for the Atomic Energy Defense Activities of the National Nuclear Security Administration, including Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and Federal Salaries and Expenses. </p> <p>Provides appropriations to DOE for Environmental and Other Defense Activities, including Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities. </p> <p>Provides appropriations to DOE for the Power Marketing Administrations, including the Bonneville Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, and the Western Area Power Administration. </p> <p>Rescinds specified amounts previously appropriated to the Department of Energy. </p> <p>Provides appropriations to the Federal Energy Regulatory Commission. </p> <p>Provides appropriations to other independent agencies, including the Appalachian Regional Commission, the Defense Nuclear Facilities Safety Board, the Delta Regional Authority, the Denali Commission, the Northern Border Regional Commission, the Southeast Crescent Regional Commission, the Nuclear Regulatory Commission, the Nuclear Waste Technical Review Board, and the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. </p> <p>Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts. </p>

action_date: 2015-04-24
action_desc: Reported to House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Highlights: </b></p> <p>The Energy and Water Development and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the civil works projects of the U.S. Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation and Central Utah Project; the Department of Energy (DOE); and several independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission. </p> <p>The bill increases overall FY2016 Energy and Water Development funding above FY2015 levels and includes increases for both the Army Corps of Engineers and DOE. </p> <p>Within the DOE budget, the bill: </p> <ul> <li>increases funding above FY2015 levels for Electricity Delivery and Energy Reliability, Nuclear Energy, Nuclear Waste Disposal, Fossil Energy Research and Development, the Strategic Petroleum Reserve, Science, the National Nuclear Security Administration, and Defense Environmental cleanup; and </li> <li>decreases funding below FY2015 levels for Energy Efficiency and Renewable Energy and Non-Defense Environmental Clean-Up. </li> </ul> <p>The bill decreases funding below FY2015 levels for the Department of the Interior's Bureau of Reclamation. </p> <p>Also included in the bill are provisions affecting policies on issues such as the definition of waters protected under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), the definition of fill material under the Clean Water Act, the use of firearms by individuals at Army Corps of Engineers water resources development projects, the Yucca Mountain nuclear waste repository in Nevada, and the implementation of the National Ocean Policy. </p> <p><b>Full Summary: </b></p> <p><b>Energy and Water Development and Related Agencies Appropriations Act, 2016 </b></p> <p> Provides FY2016 appropriations for energy and water development and related agencies.</p> <p>TITLE I--CORPS OF ENGINEERS--CIVIL </p> <p>Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. </p> <p>Provides appropriations to the Corps of Engineers for: (1) Investigations; (2) Construction; (3) Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri; (4) Operation and Maintenance; (5) the Regulatory Program pertaining to navigable waters and wetlands; (6) the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination; (7) Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters; (8) Expenses necessary for the supervision and general administration of the civil works program; and (9) the Office of the Assistant Secretary of the Army for Civil Works. </p> <p>(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this bill; (3) reduce funds that are directed to be used for a specific purpose by this bill; or (4) increase or reduce funds for specific projects, programs, or activities by more than $2 million or 10%, whichever is less. </p> <p>Specifies exceptions and requires the Corps of Engineers to submit quarterly reports to Congress detailing all funds that have been reprogrammed. </p> <p>(Sec. 102) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming pursuant to section 101. </p> <p>(Sec. 103) Permits up to $4.7 million in Operation and Maintenance funds to be transferred to the U.S. Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects. </p> <p>(Sec. 104) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of &quot;fill material&quot; or &quot;discharge of fill material&quot; for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). </p> <p>(Sec. 105) Prohibits funds from being used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) including provisions of specified rules pertaining to the jurisdiction. </p> <p>(Sec. 106) Prohibits funds made available by this bill from being used to require a permit for the discharge of dredged or fill material under the Clean Water Act for specified agricultural activities. </p> <p>(Sec. 107) Permits individuals to possess firearms at Corps of Engineers water resources development projects if: (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm complies with the law of the state in which the project is located. (The Corps of Engineers currently prohibits private individuals from possessing firearms and other weapons at the projects unless the weapons are being used for hunting, at authorized shooting ranges, or with written permission of the Corps District Commander.) </p> <p>(Sec. 108) Prohibits funds provided by this bill from being used for an open lake placement of dredged material originating from Lake Erie or tributaries, unless it is approved under a state water quality certification. </p> <p>TITLE II--DEPARTMENT OF THE INTERIOR </p> <p>Provides appropriations to the Department of the Interior for the Central Utah Project; and the Bureau of Reclamation, including for Water and Related Resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and Policy and Administration. </p> <p>Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles. </p> <p>(Sec. 201) Prohibits funds provided in this title from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this bill; (3) restart or resume any program, project, or activity for which funds are not provided in this bill unless prior approval is received from Congress or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress. </p> <p>(Sec. 202) Prohibits funds provided by this bill from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the EPA. </p> <p>Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans. </p> <p>Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies. </p> <p>(Sec. 203) Sets forth deadlines for Interior to complete specified feasibility studies required by the Water Supply, Reliability, and Environmental Improvement Act for water storage projects in California. </p> <p>TITLE III--DEPARTMENT OF ENERGY </p> <p>Provides appropriations to the Department of Energy (DOE) for Energy Programs, including: </p> <ul> <li>Energy Efficiency and Renewable Energy, </li> <li>Electricity Delivery and Energy Reliability,</li> <li>Nuclear Energy, </li> <li>Fossil Energy Research and Development, </li> <li>Naval Petroleum and Oil Shale Reserves, </li> <li>Strategic Petroleum Reserve (SPR), </li> <li>Northeast Home Heating Oil Reserve, </li> <li>Energy Information Administration, </li> <li>Non-Defense Environmental Cleanup, </li> <li>Uranium Enrichment Decontamination and Decommissioning Fund, </li> <li>Science, </li> <li>Nuclear Waste Disposal, </li> <li>Advanced Research Projects Agency-Energy (ARPA-E), </li> <li>Title 17 Innovative Technology Loan Guarantee Loan Program, </li> <li>Advanced Technology Vehicles Manufacturing Loan Program, </li> <li>Departmental Administration, and </li> <li>the Office of the Inspector General. </li> </ul> <p>Provides appropriations to DOE for Atomic Energy Defense Activities of the National Nuclear Security Administration, including for Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and Federal Salaries and Expenses. </p> <p>Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities. </p> <p>Provides appropriations to DOE for the Power Marketing Administrations, including (1) the Bonneville Power Administration Fund; (2) Southeastern Power Administration Operation and Maintenance; (3) Southwestern Power Administration Operation and Maintenance; (4) Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and (5) the Falcon and Amistad Operating and Maintenance Fund. </p> <p>Provides appropriations for the Federal Energy Regulatory Commission. </p> <p>(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress. Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance. Prohibits funds from being used for certain multiyear DOE, Energy Programs activities unless specified conditions are met and Congress is notified. Establishes requirements and restrictions for the reprogramming of funds provided in this title. </p> <p>(Sec. 302) Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill. </p> <p>(Sec. 303) Deems funds appropriated by this Act for intelligence activities to be specifically authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016. </p> <p>(Sec. 304) Prohibits the use of funds made available in this title to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements. </p> <p>(Sec. 305) Prohibits the use of funds provided in this title to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed. </p> <p>(Sec. 306) Prohibits funds made available for Department of Energy, Energy Programs, Science from being used for any multiyear contract, grant, cooperative agreement, or other transaction agreement of $1 million or less unless the agreement is funded for the full period of performance anticipated at the time of award. </p> <p>(Sec. 307) Prohibits Defense Nuclear Nonproliferation funds from being used for contracts with or agreements for federal assistance to the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress. </p> <p>(Sec. 308) Prohibits funds from being used to carry out a drawdown and sale or exchange of petroleum products from the Strategic Petroleum Reserve (SPR) unless DOE notifies Congress in advance. Specifies requirements for the notification DOE submits to Congress. </p> <p>Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress. </p> <p>(Sec. 309) Permits up to $50 million of the funds provided to the National Nuclear Security Administration for Weapons Activities to be reprogrammed for Domestic Uranium Enrichment. </p> <p>(Sec. 310) Rescinds specified unobligated balances that were appropriated to DOE for FY2005-FY2010. </p> <p>TITLE IV--INDEPENDENT AGENCIES </p> <p>Provides appropriations to: (1) the Appalachian Regional Commission, (2) the Defense Nuclear Facilities Safety Board, (3) the Delta Regional Authority, (4) the Denali Commission, (5) the Northern Border Regional Commission, (6) the Southeast Crescent Regional Commission, (7) the Nuclear Regulatory Commission (NRC), (8) the Nuclear Waste Technical Review Board, and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. </p> <p>(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information. </p> <p>TITLE V--GENERAL PROVISIONS </p> <p>(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress. </p> <p>(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this bill except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government. </p> <p>Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred. </p> <p>(Sec. 503) Prohibits the use of funds to contravene Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). </p> <p>(Sec. 504) Prohibits the use of funds provided by this bill: (1) to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain (Nevada) geologic repository license application; or (2) for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. </p> <p>(Sec. 505) Prohibits funds provided by this bill from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes.) </p> <p>(Sec. 506) Establishes a spending reduction account for the amount by which the subcommittee's allocation under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority in the bill. Specifies that the amount is $0. </p>

action_date: 2015-05-01
action_desc: Passed House amended
text: <p><b>Highlights: </b></p> <p>The Energy and Water Development and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the civil works projects of the U.S. Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation and Central Utah Project; the Department of Energy (DOE); and several independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission. </p> <p>The bill increases overall FY2016 Energy and Water Development funding above FY2015 levels and includes increases for both the Army Corps of Engineers and DOE. </p> <p>Within the DOE budget, the bill: </p> <ul> <li>increases funding above FY2015 levels for Electricity Delivery and Energy Reliability, Nuclear Energy, Nuclear Waste Disposal, Fossil Energy Research and Development, the Strategic Petroleum Reserve, Science, the National Nuclear Security Administration, and Defense Environmental cleanup; and </li> <li>decreases funding below FY2015 levels for Energy Efficiency and Renewable Energy and Non-Defense Environmental Clean-Up. </li> </ul> <p>The bill decreases funding below FY2015 levels for the Department of the Interior's Bureau of Reclamation. </p> <p>Also included in the bill are provisions affecting policies on issues such as the definition of waters protected under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), the definition of fill material under the Clean Water Act, the use of firearms by individuals at Army Corps of Engineers water resources development projects, the Yucca Mountain nuclear waste repository in Nevada, and the implementation of the National Ocean Policy. </p> <p><b>Full Summary: </b></p> <p><b>Energy and Water Development and Related Agencies Appropriations Act, 2016 </b></p> <p> Provides FY2016 appropriations for energy and water development and related agencies.</p> <p>TITLE I--CORPS OF ENGINEERS--CIVIL </p> <p>Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. </p> <p>Provides appropriations to the Corps of Engineers for: (1) Investigations; (2) Construction; (3) Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri; (4) Operation and Maintenance; (5) the Regulatory Program pertaining to navigable waters and wetlands; (6) the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination; (7) Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters; (8) Expenses necessary for the supervision and general administration of the civil works program; and (9) the Office of the Assistant Secretary of the Army for Civil Works. </p> <p>(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this bill; (3) reduce funds that are directed to be used for a specific purpose by this bill; or (4) increase or reduce funds for specific projects, programs, or activities by more than $2 million or 10%, whichever is less. </p> <p>Specifies exceptions and requires the Corps of Engineers to submit quarterly reports to Congress detailing all funds that have been reprogrammed. </p> <p>(Sec. 102) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming pursuant to section 101. </p> <p>(Sec. 103) Permits up to $4.7 million in Operation and Maintenance funds to be transferred to the U.S. Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects. </p> <p>(Sec. 104) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of &quot;fill material&quot; or &quot;discharge of fill material&quot; for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). </p> <p>(Sec. 105) Prohibits funds from being used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) including provisions of specified rules pertaining to the jurisdiction. </p> <p>(Sec. 106) Prohibits funds made available by this bill from being used to require a permit for the discharge of dredged or fill material under the Clean Water Act for specified agricultural activities. </p> <p>(Sec. 107) Permits individuals to possess firearms at Corps of Engineers water resources development projects if: (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm complies with the law of the state in which the project is located. (The Corps of Engineers currently prohibits private individuals from possessing firearms and other weapons at the projects unless the weapons are being used for hunting, at authorized shooting ranges, or with written permission of the Corps District Commander.) </p> <p>(Sec. 108) Prohibits funds provided by this bill from being used for an open lake placement of dredged material originating from Lake Erie or tributaries, unless it is approved under a state water quality certification. </p> <p>TITLE II--DEPARTMENT OF THE INTERIOR </p> <p>Provides appropriations to the Department of the Interior for the Central Utah Project; and the Bureau of Reclamation, including for Water and Related Resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and Policy and Administration. </p> <p>Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles. </p> <p>(Sec. 201) Prohibits funds provided in this title from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this bill; (3) restart or resume any program, project, or activity for which funds are not provided in this bill unless prior approval is received from Congress or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress. </p> <p>(Sec. 202) Prohibits funds provided by this bill from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the EPA. </p> <p>Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans. </p> <p>Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies. </p> <p>(Sec. 203) Sets forth deadlines for Interior to complete specified feasibility studies required by the Water Supply, Reliability, and Environmental Improvement Act for water storage projects in California. </p> <p>TITLE III--DEPARTMENT OF ENERGY </p> <p>Provides appropriations to the Department of Energy (DOE) for Energy Programs, including: </p> <ul> <li>Energy Efficiency and Renewable Energy, </li> <li>Electricity Delivery and Energy Reliability,</li> <li>Nuclear Energy, </li> <li>Fossil Energy Research and Development, </li> <li>Naval Petroleum and Oil Shale Reserves, </li> <li>Strategic Petroleum Reserve (SPR), </li> <li>Northeast Home Heating Oil Reserve, </li> <li>Energy Information Administration, </li> <li>Non-Defense Environmental Cleanup, </li> <li>Uranium Enrichment Decontamination and Decommissioning Fund, </li> <li>Science, </li> <li>Nuclear Waste Disposal, </li> <li>Advanced Research Projects Agency-Energy (ARPA-E), </li> <li>Title 17 Innovative Technology Loan Guarantee Loan Program, </li> <li>Advanced Technology Vehicles Manufacturing Loan Program, </li> <li>Departmental Administration, and </li> <li>the Office of the Inspector General. </li> </ul> <p>Provides appropriations to DOE for Atomic Energy Defense Activities of the National Nuclear Security Administration, including for Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and Federal Salaries and Expenses. </p> <p>Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities. </p> <p>Provides appropriations to DOE for the Power Marketing Administrations, including (1) the Bonneville Power Administration Fund; (2) Southeastern Power Administration Operation and Maintenance; (3) Southwestern Power Administration Operation and Maintenance; (4) Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and (5) the Falcon and Amistad Operating and Maintenance Fund. </p> <p>Provides appropriations for the Federal Energy Regulatory Commission. </p> <p>(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress. Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance. Prohibits funds from being used for certain multiyear DOE--Energy Programs activities unless specified conditions are met and Congress is notified. Establishes requirements and restrictions for the reprogramming of funds provided in this title. </p> <p>(Sec. 302) Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill. </p> <p>(Sec. 303) Deems funds appropriated by this Act for intelligence activities to be specifically authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016. </p> <p>(Sec. 304) Prohibits the use of funds made available in this title to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements. </p> <p>(Sec. 305) Prohibits the use of funds provided in this title to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed. </p> <p>(Sec. 306) Prohibits funds made available for Department of Energy--Energy Programs--Science from being used for any multiyear contract, grant, cooperative agreement, or other transaction agreement of $1 million or less unless the agreement is funded for the full period of performance anticipated at the time of award. </p> <p>(Sec. 307) Prohibits Defense Nuclear Nonproliferation funds from being used for contracts with or agreements for federal assistance to the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress. </p> <p>(Sec. 308) Prohibits funds from being used to carry out a drawdown and sale or exchange of petroleum products from the Strategic Petroleum Reserve (SPR) unless DOE notifies Congress in advance. Specifies requirements for the notification DOE submits to Congress. </p> <p>Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress. </p> <p>(Sec. 309) Permits up to $50 million of the funds provided to the National Nuclear Security Administration for Weapons Activities to be reprogrammed for Domestic Uranium Enrichment. </p> <p>(Sec. 310) Rescinds specified unobligated balances that were appropriated to DOE for FY2005-FY2010. </p> <p>TITLE IV--INDEPENDENT AGENCIES </p> <p>Provides appropriations to: (1) the Appalachian Regional Commission, (2) the Defense Nuclear Facilities Safety Board, (3) the Delta Regional Authority, (4) the Denali Commission, (5) the Northern Border Regional Commission, (6) the Southeast Crescent Regional Commission, (7) the Nuclear Regulatory Commission (NRC), (8) the Nuclear Waste Technical Review Board, and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. </p> <p>(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information. </p> <p>TITLE V--GENERAL PROVISIONS </p> <p>(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress. </p> <p>(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this bill except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government. </p> <p>Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred. </p> <p>(Sec. 503) Prohibits the use of funds to contravene Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). </p> <p>(Sec. 504) Prohibits the use of funds provided by this bill: (1) to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain (Nevada) geologic repository license application; or (2) for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. </p> <p>(Sec. 505) Prohibits funds provided by this bill from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes.) </p> <p>(Sec. 506) Establishes a spending reduction account for the amount by which the subcommittee's allocation under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority in the bill. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)</p> <p>(Sec. 507) Prohibits funds provided by this bill from being used to transform the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consolidate or close the facility. </p> <p>(Sec. 508) Prohibits Defense Nuclear Nonproliferation funds provided by this bill from being used for new contracts or agreements for assistance to the Islamic Republic of Iran except for those requiring Iran to cease the pursuit, acquisition, and development of nuclear weapons technology. </p> <p>(Sec. 509) Prohibits funds provided by this bill from being used to lease or purchase new light duty vehicles for any executive fleet or for an agency's fleet inventory, except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011. </p> <p>(Sec. 510) Prohibits DOE from using funds provided by this bill for the proposed rule entitled &quot;Standards Ceiling Fans and Ceiling Fan Light Kits.&quot; </p> <p>(Sec. 511) Prohibits funds provided by this bill from being used in contravention of provisions of the Water Resources Reform and Development Act of 2014 and the Water Resources Development Act of 1986 related to funding from the Harbor Maintenance Trust Fund. </p> <p>(Sec. 512) Prohibits funds provided by this bill from being used for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts in Nantucket Sound.</p> <p>(Sec. 513) Prohibits funds provided by this bill from being used to implement or enforce certain regulations and statutory provisions establishing energy conservation standards for incandescent lamps. </p> <p>(Sec. 514) Prohibits funds provided by this bill from being used for Executive Order No. 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input). </p> <p>(Sec. 515) Prohibits funds provided by this bill for Department of Energy--Energy Programs--Science from being used in contravention of the Department of Energy Organization Act. </p> <p>(Sec. 516) Prohibits DOD from using funds provided by this bill to purchase a certain anchor and mooring chain unless it is procured from a manufacturer that is part of the national technology and industrial base. </p> <p>(Sec. 517) Prohibits funds provided by this bill from being used for the removal of any federally owned or operated dam. </p> <p>(Sec. 518) Prohibits funds provided by this bill from being used for a contract with companies convicted, indicted, or charged with certain crimes or that have more than $3,000 in delinquent taxes within a three-year period surrounding the contract. </p> <p>(Sec. 519) Prohibits funds provided by this bill from being used for DOE's proposed rule entitled &quot;Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces.&quot; </p> <p>(Sec. 520) Prohibits the Corps of Engineers from using funds provided by this bill to continue the study of the Missouri River and its tributaries, authorized by the Water Resources Development Act of 2007 to determine actions required to mitigate losses of aquatic and terrestrial habitat, recover federally listed endangered species, and restore the ecosystem to prevent further declines among other native species. </p> <p>(Sec. 521) Decreases funds provided by this bill for DOE's Departmental Administration account by $2.5 million and appropriates the funds to the Army Corps of Engineers Investigations account. </p> <p>(Sec. 522) Prohibits DOE from using fund provided by this bill to apply the report entitled &quot;Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States&quot; in any public interest determination by the Federal Power Commission authorizing the import or export of natural gas under section 3 of the Natural Gas Act. </p> <p>(Sec. 523) Prohibits funds provided by this bill from being used for DOE's Climate Model Development and Validation program. </p> <p>(Sec. 524) Prohibits funds provided by this bill from being used to purchase water to supplement or enhance the instream flow requirements in California that are mandated under the Endangered Species Act of 1973, the Central Valley Project Improvement Act, or the National Environmental Policy Act of 1969. </p> <p>(Sec. 525) Prohibits funds provided by this bill from being used to limit exemptions in the Clean Water Act for the discharge of dredged or fill material from certain agricultural activities by requiring that the activities be established or ongoing in order to receive an exemption. </p> <p>(Sec. 526) Prohibits funds provided by this bill from being used to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River. </p>

action_date: 2015-05-21
action_desc: Reported to Senate with amendment(s)
text: <p><b>Highlights: </b></p> <p>The Energy and Water Development and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the civil works projects of the U.S. Army Corps of Engineers; the Department of the Interior's Bureau of Reclamation and Central Utah Project; the Department of Energy (DOE); and several independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission. </p> <p>The bill increases overall FY2016 Energy and Water Development funding above FY2015 levels and includes increases for DOE and the Department of the Interior's Bureau of Reclamation.</p> <p>For the Army Corps of Engineers, the bill increases base appropriations compared to FY2015 levels and includes a rescission of unobligated prior year balances. If the rescission is taken into account, the net appropriation is below FY2015 levels. </p> <p>Within the DOE budget, the bill </p> <ul> <li>increases funding above FY2015 levels for Energy Efficiency and Renewable Energy, Electricity Delivery and Energy Reliability, Nuclear Energy, Fossil Energy Research and Development, Advanced Research Projects Agency-Energy, the National Nuclear Security Administration, Defense Environmental Cleanup, Science, and Defense Uranium Enrichment Decontamination and Decommissioning; and </li> <li>decreases funding below FY2015 levels for Non-Defense Environmental Cleanup and the Uranium Enrichment Decontamination and Decommissioning Fund.</li> </ul> <p>The bill does not include FY2016 funding for Nuclear Waste Disposal and funds the Power Marketing Administrations at the FY2015 level. </p> <p>The bill authorizes DOE to conduct a pilot program with private sector partners to provide interim storage for spent nuclear fuel and high-level radioactive waste. </p> <p>Also included in the bill is a provision restricting the Corps of Engineers from advancing regulations changing the definition of &quot;fill material&quot; under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). </p> <p><b>Full Summary: </b></p> <p><b>Energy and Water Development and Related Agencies Appropriations Act, 2016 </b></p> <p> Provides FY2016 appropriations for energy and water development and related agencies.</p> <p>TITLE I--CORPS OF ENGINEERS--CIVIL </p> <p>Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. </p> <p>Provides appropriations to the Corps of Engineers for: (1) Investigations; (2) Construction; (3) Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri; (4) Operation and Maintenance; (5) the Regulatory Program pertaining to navigable waters and wetlands; (6) the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination; (7) Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters; (8) Expenses necessary for the supervision and general administration of the civil works program; and (9) the Office of the Assistant Secretary of the Army for Civil Works. </p> <p>(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this bill; (3) reduce funds that are directed to be used for a specific purpose by this bill; or (4) reprogram funds for specific projects, programs, or activities by more than specified amounts. </p> <p>Specifies exceptions and requires the Corps of Engineers to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for the current fiscal year. </p> <p>(Sec. 102) Rescinds $128 million in unobligated balances from prior appropriations for water resources efforts in the Corps of Engineers--Civil Department of the Army--Construction account. </p> <p>(Sec. 103) Permits up to $4.7 million in Operation and Maintenance funds to be transferred to the U.S. Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects. </p> <p>(Sec. 104) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of &quot;fill material&quot; or &quot;discharge of fill material&quot; for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). </p> <p>(Sec. 105) Requires the Corps of Engineers to execute an agreement that transfers the Ten Mile Creek Water Preserve Area Critical Restoration Project to the South Florida Water Management District and requires the District to operate the project as an environmental restoration project to provide water storage and treatment options. Deauthorizes the project upon execution of the transfer agreement. </p> <p>(Sec. 106) Amends the Water Resources Development Act of 2007 to increase the length of time that the Corps of Engineers is responsible for the long-term maintenance and repair of the Lowell Creek Tunnel in Seward, Alaska until an alternative method of flood diversion is constructed and operational. </p> <p>(Sec. 107) Prohibits federal, contributed, or other non-federal funds from being used to reallocate or to study the reallocation of water within the Alabama-Coosa-Tallapoosa river basin, until the Corps of Engineers has executed a partnering agreement with Alabama and Georgia. </p> <p>TITLE II--DEPARTMENT OF THE INTERIOR </p> <p>Provides appropriations to the Department of the Interior for the Central Utah Project; and the Bureau of Reclamation, including for Water and Related Resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and Policy and Administration. </p> <p>Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles. </p> <p>(Sec. 201) Prohibits funds provided in this title from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this bill; (3) restart or resume any program, project, or activity for which funds are not provided in this bill unless prior approval is received from Congress or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress. </p> <p>Requires the Bureau of Reclamation to submit quarterly reports to Congress detailing funds that have been reprogrammed. </p> <p>(Sec. 202) Prohibits funds provided by this bill from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the EPA. </p> <p>Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans. </p> <p>Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies. </p> <p>(Sec. 203) Amends the Secure Water Act of 2009 to increase the authorization of appropriations for grants and cooperative agreements for water management improvement from $300 million to $500 million. </p> <p>(Sec. 204) Amends the Calfed Bay-Delta Authorization Act to extend the authorization through 2020. </p> <p>(Sec. 205) Amends the Reclamation Safety of Dams Act of 1978 to authorize Interior to conduct construction projects under the Act with benefits that include, but are not limited to additional conservation storage capacity. (Under current law, construction under the Act is limited to dam safety and does not include providing additional conservation storage capacity.) </p> <p>(Sec. 206) Amends the Reclamation Safety of Dams Act of 1978 to increase: (1) the authorization of appropriations for construction under the Act, and (2) the limitation on appropriations that may be used to modify an existing dam. Requires Interior to notify Congress prior to obligating modification expenditures exceeding specified amounts. </p> <p>(Sec. 207) Sets forth deadlines for Interior to complete specified feasibility studies required by the Water Supply, Reliability, and Environmental Improvement Act for water storage projects in California. </p> <p>(Sec. 208) Permits funds provided by this bill for California Bay-Delta Restoration to be used to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River. </p> <p>(Sec. 209) Permits funds provided by this bill for the Central Valley Project Restoration Fund to be used for all authorized activities necessary to supplement or enhance the instream flow requirements in California that are mandated by the Endangered Species Act of 1973 and the Central Valley Project Improvement Act </p> <p>TITLE III--DEPARTMENT OF ENERGY </p> <p>Provides appropriations to the Department of Energy (DOE) for Energy Programs, including: </p> <ul> <li>Energy Efficiency and Renewable Energy, </li> <li>Electricity Delivery and Energy Reliability,</li> <li>Nuclear Energy, </li> <li>Fossil Energy Research and Development, </li> <li>Naval Petroleum and Oil Shale Reserves, </li> <li>Strategic Petroleum Reserve (SPR), </li> <li>Northeast Home Heating Oil Reserve, </li> <li>Energy Information Administration, </li> <li>Non-Defense Environmental Cleanup, </li> <li>Uranium Enrichment Decontamination and Decommissioning Fund, </li> <li>Science, </li> <li>Advanced Research Projects Agency-Energy,</li> <li>Title 17 Innovative Technology Loan Guarantee Loan Program, </li> <li>Advanced Technology Vehicles Manufacturing Loan Program, </li> <li>Departmental Administration, and </li> <li>the Office of the Inspector General. </li> </ul> <p>Provides appropriations to DOE for Atomic Energy Defense Activities of the National Nuclear Security Administration, including for Weapons Activities, Defense Nuclear Nonproliferation, Naval Reactors, and Federal Salaries and Expenses. </p> <p>Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities. </p> <p>Provides appropriations to DOE for the Power Marketing Administrations, including (1) the Bonneville Power Administration Fund; (2) Southeastern Power Administration Operation and Maintenance; (3) Southwestern Power Administration Operation and Maintenance; (4) Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and (5) the Falcon and Amistad Operating and Maintenance Fund. </p> <p>Provides appropriations for the Federal Energy Regulatory Commission. </p> <p>(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress. Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance. Prohibits funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified. Establishes requirements and restrictions for the reprogramming of funds provided in this title. </p> <p>(Sec. 302) Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill. </p> <p>(Sec. 303) Deems funds appropriated by this Act for intelligence activities to be specifically authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016. </p> <p>(Sec. 304) Prohibits the use of funds made available in this title to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements. </p> <p>(Sec. 305) Prohibits the use of funds provided in this title to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed. </p> <p>(Sec. 306) Authorizes DOE to conduct a pilot program with private sector partners to license, construct, and operate one or more storage facilities to provide interim storage for spent nuclear fuel and high-level radioactive waste. Permits the Nuclear Waste Fund to be used for this purpose, subject to appropriations. </p> <p>(Sec. 307) Prohibits funds from being used to carry out a drawdown and sale or exchange of petroleum products from the Strategic Petroleum Reserve (SPR) unless DOE notifies Congress in advance. Specifies requirements for the notification DOE submits to Congress. </p> <p>Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress. </p> <p>(Sec. 308) Rescinds specified unobligated balances that were appropriated to DOE for Energy Programs and the Power Marketing Administrations for FY2005-FY2010.</p> <p>(Sec. 309) Rescinds specified unobligated balances previously appropriated to DOE for the National Nuclear Security Administration. </p> <p>(Sec. 310) Permits up to $50 million of the funds provided to the National Nuclear Security Administration for Weapons Activities to be reprogrammed for Domestic Uranium Enrichment. </p> <p>(Sec. 311) Permits DOD to: (1) enter into contracts to store spent nuclear fuel and high-level radioactive waste to which DOE holds the title or has a contract to accept title, and (2) enter into new contracts or modify existing contracts to accept title for high-level radioactive waste or spent nuclear fuel. </p> <p>Provides that delivery and acceptance by DOE of any spent fuel or waste for storage under this section shall constitute a transfer of title to DOE. </p> <p>(Sec. 312) Provides that specified requirements regarding the management of information technology projects and authorities of Chief Information Officers over the projects do not apply to Federal Funded Research and Development Centers sponsored by DOE. </p> <p>TITLE IV--INDEPENDENT AGENCIES </p> <p>Provides appropriations to: (1) the Appalachian Regional Commission, (2) the Defense Nuclear Facilities Safety Board, (3) the Delta Regional Authority, (4) the Denali Commission, (5) the Northern Border Regional Commission, (6) the Nuclear Regulatory Commission (NRC), and (7) the Nuclear Waste Technical Review Board. </p> <p>(Sec. 401) Permits the NRC to reprogram funds provided by this title if Congress is notified in advance regarding any proposed reprogramming that would change any program funding level by more than $500,000 or 10 percent, whichever is less. Permits the NRC to waive the notification requirement if compliance would pose a substantial risk to human health, the environment, welfare, or national security. </p> <p>Prohibits NRC funds from being used for a reprogramming that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this bill. </p> <p>Requires the NRC to submit a monthly report to Congress that includes total budget authority, unobligated balances, and unliquidated obligations for each program, project, or activity. </p> <p>(Sec. 402) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information. </p> <p>(Sec. 403) Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to permit the interest from the Trans-Alaska Pipeline Liability Fund that is deposited into the Oil Spill Liability Trust Fund and transferred to the Denali Commission to be used for the construction and repair of barge mooring points and barge landing sites to facilitate pumping fuel from fuel transport barges into bulk fuel storage tanks.</p> <p>TITLE V--GENERAL PROVISIONS </p> <p>(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress. </p> <p>(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this bill except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government. </p> <p>Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred. </p> <p>(Sec. 503) Prohibits funds provided by this bill from being used for Executive Order No. 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input). </p>

action_date: 2016-05-12
action_desc: Passed Senate amended
text: <p><b>Highlights: </b></p> <p>The Energy and Water Development and Related Agencies Appropriations Act, 2017 provides FY2017 appropriations for:</p> <ul> <li> the civil works projects of the U.S. Army Corps of Engineers; </li> <li>the Department of the Interior's Bureau of Reclamation and Central Utah Project; </li> <li>the Department of Energy (DOE); and</li> <li>several independent agencies, including the Nuclear Regulatory Commission. </li> </ul> <p>The bill increases overall FY2017 Energy and Water Development funding above FY2016 levels. The bill includes increases for both DOE and the Army Corps of Engineers, while funding the Department of the Interior's Bureau of Reclamation at the FY2016 level. </p> <p>Within the DOE budget, the bill increases funding for Science and the National Nuclear Security Administration. </p> <p>The bill does not include FY2017 funding for Nuclear Waste Disposal. It authorizes DOE to conduct a pilot program with private sector partners to provide interim storage for spent nuclear fuel and high-level radioactive waste. </p> <p>Also included in the bill is a provision restricting the Corps of Engineers from advancing regulations changing the definition of &quot;fill material&quot; or &quot;discharge of fill material&quot; under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). </p> <p><b>Full Summary: </b></p> <p><b>Energy and Water Development and Related Agencies Appropriations Act, 2017 </b></p> <p>TITLE I--CORPS OF ENGINEERS--CIVIL </p> <p>Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. </p> <p>Provides appropriations to the Corps of Engineers for: </p> <ul> <li> Investigations; </li> <li>Construction; </li> <li> Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri; </li> <li> Operation and Maintenance; </li> <li> the Regulatory Program pertaining to navigable waters and wetlands; </li> <li> the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination; </li> <li> Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters; </li> <li> Expenses necessary for the supervision and general administration of the civil works program; and </li> <li> the Office of the Assistant Secretary of the Army for Civil Works. </li> </ul> <p>(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this bill; (3) reduce funds that are directed to be used for a specific purpose by this bill; or (4) reprogram funds for specific projects, programs, or activities by more than specified amounts. </p> <p>Specifies exceptions and requires the Corps of Engineers to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for the current fiscal year. </p> <p>Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming. </p> <p>(Sec. 102) Permits the Corps of Engineers to transfer to the U.S. Fish and Wildlife Service up to $5.4 million in Operation and Maintenance funds to mitigate for fisheries lost due to Corps of Engineers civil works projects. </p> <p>(Sec. 103) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of &quot;fill material&quot; or &quot;discharge of fill material&quot; for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). </p> <p>(Sec. 104) Prohibits funds provided by this bill from being used for open lake disposal of dredged sediment in Lake Erie unless the disposal meets the water and environmental standards of a state's water permitting agency and is consistent with a state's Coastal Zone Management Plan. Requires the Corps of Engineers to maintain its funding obligations for upland placement of dredged material with cost sharing if the standard is not met. </p> <p>(Sec. 105) Prohibits funds provided by this title from being used for the acquisition of certain welded shipboard anchor and mooring chains unless they are manufactured in the United States. </p> <p>(Sec. 106) Requires specified Operation and Maintenance funds to be used for Upper Missouri River Basin flood and drought monitoring. </p> <p>(Sec. 107) Amends the Water Resources Development Act of 2007 to require the Corps of Engineers to take regional impacts and effects into account when conducting a study of harbor and navigation improvements and recommending projects. </p> <p>TITLE II--DEPARTMENT OF THE INTERIOR </p> <p>Provides appropriations to the Department of the Interior for the Central Utah Project. </p> <p>Provides appropriations to the Bureau of Reclamation for: </p> <ul> <li> Water and Related Resources, </li> <li> the Central Valley Project Restoration Fund, </li> <li> California Bay-Delta Restoration, and </li> <li> Policy and Administration. </li> </ul> <p>Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.</p> <p> (Sec. 201) Prohibits funds provided in this title for Water and Related Resources from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this bill; (3) restart or resume any program, project, or activity for which funds are not provided in this bill unless prior approval is received from Congress; or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress. </p> <p>Requires the Bureau of Reclamation to submit quarterly reports to Congress detailing funds that have been reprogrammed. </p> <p>(Sec. 202) Prohibits funds provided by this bill from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the Environmental Protection Agency.</p> <p> Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans. </p> <p>Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies. </p> <p>(Sec. 203) Amends the Calfed Bay-Delta Authorization Act to extend the authorization through 2019. </p> <p>(Sec. 204) Amends the Secure Water Act of 2009 to increase the authorization of appropriations for grants and cooperative agreements for water management improvement and to require a portion of the funds to be used for pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs</p> <p>(Sec. 205) Amends the Energy and Water Development and Related Agencies Appropriations Act, 2016 to extend the deadline for the completion of a feasibility study relating to the Sites Reservoir in Colusa County, California. </p> <p>(Sec. 206) Permits Interior to: (1) enter into an agreement with the National Academy of Sciences for a study of the effectiveness and environmental impact of salt cedar control efforts in increasing water supplies, restoring riparian habitat, and improving flood management; and (2) prepare a plan for the removal of salt cedar from all federal land in the Lower Colorado River basin based on the study. </p> <p>TITLE III--DEPARTMENT OF ENERGY </p> <p>Provides appropriations to the Department of Energy (DOE) for Energy Programs, including: </p> <ul> <li> Energy Efficiency and Renewable Energy, </li> <li> Electricity Delivery and Energy Reliability, </li> <li> Nuclear Energy, </li> <li> Fossil Energy Research and Development, </li> <li> Naval Petroleum and Oil Shale Reserves, </li> <li> the Strategic Petroleum Reserve (SPR), </li> <li> the Northeast Home Heating Oil Reserve, </li> <li> the Energy Information Administration, </li> <li> Non-Defense Environmental Cleanup, </li> <li> the Uranium Enrichment Decontamination and Decommissioning Fund, </li> <li> Science, </li> <li> the Advanced Research Projects Agency-Energy, </li> <li> the Office of Indian Energy, </li> <li>the Tribal Energy Loan Guarantee Program, </li> <li> the Title 17 Innovative Technology Loan Guarantee Loan Program, </li> <li> the Advanced Technology Vehicles Manufacturing Loan Program, </li> <li> Departmental Administration, and </li> <li> the Office of the Inspector General. </li> </ul> <p>Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including for: </p> <ul> <li> Weapons Activities, </li> <li>Defense Nuclear Nonproliferation, </li> <li> Naval Reactors, and </li> <li> Federal Salaries and Expenses. </li> </ul> <p>Provides appropriations for Environmental and Other Defense Activities, including: </p> <ul> <li>Defense Environmental Cleanup, </li> <li>Defense Uranium Enrichment Decontamination and Decommissioning, and </li> <li> Other Defense Activities. </li> </ul> <p>Provides appropriations for the Power Marketing Administrations, including: </p> <ul> <li> the Bonneville Power Administration Fund; </li> <li> Southeastern Power Administration Operation and Maintenance; </li> <li> Southwestern Power Administration Operation and Maintenance; </li> <li> Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and </li> <li> the Falcon and Amistad Operating and Maintenance Fund. </li> </ul> <p>Provides appropriations for the Federal Energy Regulatory Commission. </p> <p>(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress. </p> <p>Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance. </p> <p>Prohibits funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified. </p> <p>Establishes requirements and restrictions for the reprogramming of funds provided in this title.</p> <p> Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill. </p> <p>(Sec. 302) Rescinds specified unobligated balances from various DOE accounts. </p> <p>(Sec. 303) Deems funds appropriated by this bill for intelligence activities to be specifically authorized by Congress during FY2017 until the enactment of the Intelligence Authorization Act for FY2017. </p> <p>(Sec. 304) Prohibits funds provided by this tile from being used to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements. </p> <p>(Sec. 305) Prohibits funds provided by this title from being used to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed. </p> <p>(Sec. 306) Authorizes DOE to conduct a pilot program with private sector partners to license, construct, and operate one or more storage facilities to provide interim storage for spent nuclear fuel and high-level radioactive waste. Permits the Nuclear Waste Fund to be used for this purpose, subject to appropriations. </p> <p>(Sec. 307) Requires the Western Area Power Administration to report to Congress on the uses of certain termination clauses in power contracts. </p> <p>TITLE IV--INDEPENDENT AGENCIES </p> <p>Provides appropriations for independent agencies, including: </p> <ul> <li> the Appalachian Regional Commission, </li> <li> the Defense Nuclear Facilities Safety Board, </li> <li> the Delta Regional Authority, </li> <li> the Denali Commission, </li> <li> the Northern Border Regional Commission, </li> <li> the Nuclear Regulatory Commission (NRC), and </li> <li> the Nuclear Waste Technical Review Board. </li> </ul> <p>(Sec. 401) Permits the NRC to reprogram funds provided by this title if Congress is notified in advance regarding any proposed reprogramming that would change any program funding level by more than $500,000 or 10 percent, whichever is less. Permits the NRC to waive the notification requirement if compliance would pose a substantial risk to human health, the environment, welfare, or national security. </p> <p>Prohibits NRC funds from being used for a reprogramming that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this bill. </p> <p>Requires the NRC to submit a monthly report to Congress that includes total budget authority, unobligated balances, and unliquidated obligations for each program, project, or activity. </p> <p>TITLE V--GENERAL PROVISIONS </p> <p>(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress. </p> <p>(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this bill except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government. </p> <p>Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred. </p>

action_date: 2016-12-08
action_desc: House agreed to Senate amendment with amendment
text: <p><b>Highlights: </b></p> <p>This bill provides continuing appropriations for most federal agencies through the earlier of April 28, 2017, or the enactment of the applicable appropriations legislation. </p> <p>It is commonly referred to as a continuing resolution (CR) and prevents a partial government shutdown that would otherwise occur when the existing CR expires on December 9, 2016, because eleven of the twelve FY2017 regular appropriations bills that fund the federal government have not been enacted. (The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 was enacted earlier this year.) </p> <p>The bill funds most projects and activities at the rate established for FY2017 spending by the Budget Control Act of 2011. The bill also includes several exceptions, known as anomalies, which provide funding flexibility and additional appropriations for various programs. </p> <p>The bill also includes additional emergency, disaster relief, and Overseas Contingency Operations (OCO) funding which is exempt from discretionary spending limits. </p> <p>The bill extends several programs that are otherwise scheduled to expire, including health benefits for certain retired miners and their families. </p> <p><b>Full Summary: </b></p> <p><b>Further Continuing and Security Assistance Appropriations Act, 2017 </b></p> <p>(Sec. 3) Specifies that references to &quot;this Act&quot; included in division B of this bill refer only to the provisions of that division. </p> <p>(Sec. 4) Specifies the each amount in this bill designated by Congress as an emergency requirement is contingent on the President also designating all of the emergency amounts and transmitting the designations to Congress. </p> <p>Specifies that each amount in this bill designated by Congress for Overseas Contingency Operations/Global War on Terrorism is contingent on the President also designating all of the amounts and transmitting the designations to Congress. </p> <p><i>Further Continuing Appropriations Act, 2017 </i></p> <p>DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017 </p> <p>Provides continuing appropriations to most federal agencies through April 28, 2017, or the enactment of specified appropriations legislation. </p> <p>(Unless otherwise indicated, all extensions and provisions referenced in the summary are for the duration of the CR.) </p> <p>(Sec. 101) Amends the Continuing Appropriations Act, 2017 to: (1) provide FY2017 appropriations through April 28, 2017, to most federal agencies for continuing projects or activities at the levels of, and under the terms and conditions of FY2016 appropriations Acts; and (2) reduce the across-the-board reduction included in the Continuing Appropriations Act, 2017. </p> <p>Continues all provisions included in the Continuing Appropriations Act, 2017 (except where this bill provides otherwise) and adds the following new provisions: </p> <p>(Sec. 146) Permits Department of Agriculture (USDA) funds provided for the Farm Service Agency's Agricultural Credit Insurance Fund Program Account to be apportioned up to the rate for operations necessary to fund loans for which applications are approved. </p> <p>(Sec. 147) Permits funds provided to USDA for Child Nutrition Programs to be apportioned up to the rate for operations necessary to ensure that the Summer Electronic Benefit Transfer for Children demonstration projects are operational by May 2017. (The program operates through competitive state grants and provides monthly benefits during the summer to low-income families with school-aged children.) </p> <p>(Sec. 148) Amends the Richard B. Russell National School Lunch Act to extend the National Hunger Information Clearinghouse through FY2017. (The clearinghouse provides information to nongovernmental groups that assist low-income individuals or communities regarding food assistance and other activities that aid individuals and communities in reducing reliance on governmental agencies for food or other assistance.) </p> <p>(Sec. 149) Permits funds provided to USDA for the Rural Utilities Service to be transferred between appropriations as necessary for the cost of direct telecommunications loans authorized by the Rural Electrification Act of 1936. </p> <p>(Sec. 150) Permits funds provided to USDA for the Guaranteed Multi-Family Housing Loan Program to be apportioned up to the rate necessary to fund loans for which applications are approved.</p> <p>(Sec. 151) Permits funds provided for the National Oceanic and Atmospheric Administration to be apportioned up to the rate of operations necessary to maintain the planned launch schedules for the Joint Polar Satellite System weather satellites. </p> <p>(Sec. 152) Permits funds provided for the U.S. Census Bureau to be apportioned up to the rate of operations necessary to maintain the schedule and deliver the required data according to statutory deadlines for the 2020 Decennial Census Program. </p> <p>(Sec. 153) Permits funds provided to the National Aeronautics and Space Administration (NASA) to be apportioned up to the rate of operations necessary to maintain the planned launch capability schedules for the Space Launch System launch vehicle, Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle programs. </p> <p>(Sec. 154) Provides additional appropriations to the Department of Justice for Edward Byrne Memorial Justice Assistance Grants to reimburse state and local law enforcement agencies for personnel overtime costs associated with protection of the President-elect. </p> <p>(Sec. 155) Permits DOD to use specified procurement funds to begin advance procurement and detailed design work for the Ohio submarine replacement program. (The purpose of the program is to design and produce a new class of ballistic missile submarines to replace the current force.) </p> <p>(Sec. 156) Permits DOD to use funds for multiyear procurement contracts, including advance procurement, for the AH-64E Attack Helicopter and the UH-60M Black Hawk Helicopter. </p> <p>(Sec. 157) Permits DOD procurement funds provided for the KC-46A Tanker to be apportioned up to the rate of operations necessary to support the production rate specified in the President's FY2017 budget request. </p> <p>(Sec. 158) Provides the Department of Energy (DOE) with funding flexibility to maintain schedules for weapons activities of the National Nuclear Security Administration. </p> <p>(Sec. 159) Requires DOE to sell up to $375.4 million of crude oil from the Strategic Petroleum Reserve (SPR) in FY2017 and use the proceeds to carry out the SPR modernization program authorized in the Bipartisan Budget Act of 2015. </p> <p>(Sec. 160) Provides additional funding to DOE for the Uranium Enrichment Decontamination and Decommissioning Fund. (The account primarily funds the decommissioning and environmental remediation of three federal uranium enrichment facilities in Kentucky, Ohio, and Tennessee.) </p> <p>(Sec. 161) Provides additional funding to the General Services Administration for the pension benefits of the outgoing President. </p> <p><i>SOAR Funding Availability Act </i></p> <p>(Sec. 162) Amends the Scholarship for Opportunity and Results Act to require the Department of Education to make certain unobligated funds available to eligible entities receiving grants under the District of Columbia Opportunity Scholarship Program. </p> <p>Specifies that entities using the funds during the fiscal year must: (1) use at least 95% of the funds to provide additional scholarships for eligible students or to increase the amount of the scholarships during the year; and (2) use not more than 5% of the additional funds for administrative expenses, parental assistance, or tutoring. </p> <p>(Sec. 163) Permits funds provided to the Department of Homeland Security for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, and the U.S. Secret Service to be apportioned at a rate for operations as necessary, and apportioned to provide staffing levels as necessary, to ensure border security, fulfill immigration enforcement priorities, maintain aviation security activities, and carry out the mission associated with the protection of the President-elect. </p> <p>(Sec. 164) Permits funds provided to the National Gallery of Art for Salaries and Expenses to be apportioned up to the rate for operations necessary to provide for staffing, maintenance, security, and administrative expenses for the recently reopened galleries. </p> <p>(Sec. 165) Permits funds provided to the Smithsonian Institution for Salaries and Expenses to be apportioned up to the rate for operations necessary to provide for facilities maintenance, facilities operations, security, and support at the National Museum of African American History and Culture. </p> <p>(Sec. 166) Permits specified funds provided for the Indian Health Service to be apportioned up to the rate for operations necessary to provide for costs of staffing and operating newly constructed facilities. </p> <p><i>Continued Health Benefits for Miners Act </i></p> <p>(Sec. 167) Amends the Surface Mining Control and Reclamation Act of 1977 to transfer specified funds from the Abandoned Mine Reclamation Fund to provide health care benefits through April 30, 2017, for certain retired miners and their families under the United Mine Workers Association 1993 Benefit Plan. (The benefits are otherwise scheduled to expire on December 31, 2016.)</p> <p>Requires a voluntary employee's beneficiary association (VEBA) established as a result of a related coal mining company bankruptcy proceeding to transfer specified funds to the United Mine Workers Benefit Plan. </p> <p>Exempts the budgetary effects of this section from specified budget enforcement laws and procedures. </p> <p>(Sec. 168) Increases the amounts of specified funds within the Department of Labor's Office of Workers Compensation Programs Special Benefits account that are available to Labor for: the enhancement and maintenance of automated data processing systems operations and telecommunications systems, automated workload processing operations, periodic roll disability management and medical review, and program integrity. (The funding is provided to allow Labor to implement a plan to address compound prescription drug fraud and abuse in the Federal Employees' Compensation Act program.) </p> <p>(Sec. 169) Extends the authority of the Department of Education to make account maintenance fee payments to guarantee agencies under the Federal Family Education Loan program. </p> <p>(Sec. 170) Provides additional funding to the Department of Health and Human Services (HHS) for programs and activities related to: (1) the care of unaccompanied alien children, and (2) efforts to combat the trafficking of children. Rescinds specified unobligated balances from HHS's Nonrecurring Expenses Fund. </p> <p>(Sec. 171) Requires HHS to allocate funds from the Prevention and Public Health Fund in the same manner as in FY2016, with the exception of a reduction for the Centers for Diseases Control and Prevention. </p> <p>(Sec. 172) Permits the Social Security Administration to fund activities to address the hearing backlog within the Office of Disability Adjudication and Review using specified appropriations that were provided for the renovation and modernization of the Arthur J. Altmeyer Building. </p> <p>(Sec. 173) Extends the authorizations for the Temporary Assistance for Needy Families (TANF) and Child Care Entitlement programs. </p> <p>(Sec. 174) Permits HHS to use funds provided by this bill to implement provisions under current law related to the authorities and responsibilities for the designation and investigation of potential cancer clusters. </p> <p>(Sec. 175) Prohibits Members of Congress from receiving a cost of living adjustment (COLA) during FY2017. </p> <p>(Sec. 176) Authorizes the transfer of the Thomas P. O'Neill, Jr. Federal Building from the General Services Administration to the House of Representatives for treatment as a House Office Building and part of the U.S. Capitol Grounds under the authority of the Architect of the Capitol. </p> <p>(Sec. 177) Makes a technical change regarding Senate Minority Leadership office funding for the Office of the Assistant Minority Leader and Office of the Secretary of the Conference of the Minority. </p> <p>(Sec. 178) Amends S. Res. 64 (113th Congress) to extend the authorization for the Senate National Security Working Group until December 31, 2018. </p> <p>(Sec. 179) Established expedited legislative procedures in the Senate for the consideration of legislation to provide an exception to the limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. </p> <p>(Sec. 180) Suspends enforcement of certain hours-of-service rules for commercial drivers unless the Secretary of Transportation and Inspector General make specified findings and determinations regarding the provisions. Applies the suspension to the requirements for: (1) two off-duty periods from 1:00 a.m. to 5:00 a.m., and (2) the prohibition on using more than one restart during a consecutive 168-hour period. Requires the 34-hour restart rule in effect on June 30, 2013, to be restored if DOT does not make the required findings. </p> <p>(Prior to 2013, commercial drivers were required to take at least 34 hours off duty after working for 60 hours in a seven-day period [or 70 hours in an eight-day period], which is known as the &quot;34-hour restart requirement.&quot; Regulations that took effect in 2013 require the 34-hour off-duty period to cover two consecutive 1 a.m.-5 a.m. periods, and limit the drivers to one 34-hour &quot;restart&quot; in a 168-hour period.) </p> <p>(Sec. 181) Permits funds provided for Federal Aviation Administration (FAA) Operations to be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities. Specifies funding levels for the FAA's Facilities and Equipment account. </p> <p>(Sec. 182) Permits the Maritime Administration to use specified funds and unobligated balances for costs associated with the U.S. Merchant Marine Academy's Sea Year training program without regard to limitations on reprogramming or transfers of funds. </p> <p>Repeals a provision that limits funding for the U.S. Merchant Marine Academy until a spending plan is submitted to Congress. </p> <p>(Sec. 183) Permit funds provided to the Department of Housing and Urban Development for Tenant-Based Rental Assistance to be apportioned up to the rate for operations necessary to renew grants for rental assistance and administrative costs that were provided under the Tribal-Veterans Affairs Supportive Housing program. (The program provides rental assistance to Native American veterans who are homeless or at-risk of homelessness living on or near a reservation.) </p> <p>(Sec. 184) Delays the release of required sequestration reports and orders by the Congressional Budget Office and the Office of Management and Budget (OMB) if OMB determines and provides written notification that the amounts in the CR do not exceed the total base discretionary funding level that is permitted under current law for FY2017. Requires the written notification to include an estimate of both the dollar amount and sequester percentage that would be required to eliminate a breach of the discretionary spending caps for each of the defense and nondefense categories, assuming the levels of funding in the CR. </p> <p>(Sec. 185) Provides emergency appropriations for the Emergency Watershed Protection Program and the Emergency Conservation Program. </p> <p>(Sec. 186) Provides emergency appropriations to NASA for repairs to facilities damaged by Hurricane Matthew. </p> <p>(Sec. 187) Provides emergency appropriations for the Army Corp of Engineers Construction account to address emergency situations at Corps of Engineers projects, and to rehabilitate and repair damages to projects, caused by natural disasters. </p> <p>(Sec. 188) Provides emergency appropriations for the Army Corp of Engineers Mississippi River and Tributaries account to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters. </p> <p>(Sec. 189) Provides emergency appropriations for the Army Corp of Engineers Operation and Maintenance account to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters. </p> <p>(Sec. 190) Provides emergency appropriations for the Army Corp of Engineers Flood Control and Coastal Emergencies account to prepare for flood, hurricane and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters. </p> <p>(Sec. 191) Provides emergency appropriations for the Federal Highway Administration's Emergency Relief Program. </p> <p>(Sec. 192) Provides emergency and disaster relief appropriations for the Department of Housing and Urban Development's Community Development Block Grant Program for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared in 2016.</p> <p> (Sec. 193) Provides additional appropriations to the Food and Drug Administration (FDA) for the FDA Innovation Account authorized by the 21st Century Cures Act. </p> <p>(Sec. 194) Provides additional funding to the National Institutes of Health 's NIH Innovation Account for biomedical research authorized by the 21st Century Cures Act. </p> <p>(Sec. 195) Provides additional appropriations to HHS for opioid abuse prevention and treatment activities. </p> <p>(Sec. 196) Provides additional appropriations to the Environmental Protection Agency's (EPA's) Drinking Water State Revolving Loan Fund, consistent with the Water and Waste Act of 2016, for grants to states with declared emergencies relating to the public health threats associated with the presence of lead or other contaminants in drinking water provided by a public water system. </p> <p>(Sec. 197) Provides additional funding for the EPA's Water Infrastructure Finance and Innovation Program Account to provide loans for water infrastructure projects. </p> <p>(Sec. 198) Provides additional funding to HHS to establish a lead exposure registry and lead exposure advisory committee. </p> <p>(Sec. 199) Provides additional funding to the Centers for Disease Control and Prevention for childhood lead poisoning prevention programs authorized under the Public Health Service Act. </p> <p>(Sec. 200) Provides appropriations to HHS for the Healthy Start Initiative to reduce the rate of infant mortality and improve perinatal outcomes. </p> <p>(Sec. 201) Rescinds specified funds from the Children's Health Insurance Program State Allotments. </p> <p><i>Security Assistance Appropriations Act, 2017 </i></p> <p>DIVISION B-- SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017 </p> <p>Provides FY2017 Overseas Contingency Operations (OCO) / Global War on Terrorism appropriations to the Department of Defense (DOD) and the Department of State for counterterrorism activities. </p> <p>TITLE I--DEPARTMENT OF DEFENSE </p> <p>Provides FY2017 appropriations to the Department of Defense (DOD) to support counterterrorism operations and the European Reassurance Initiative. </p> <p>Provides appropriations to DOD for: </p> <ul> <li> Military Personnel; </li> <li>Operation and Maintenance; </li> <li> the Iraq Train and Equip Fund; </li> <li> Procurement; </li> <li> Research, Development, Test And Evaluation; and </li> <li> the Joint Improvised Explosive Device Defeat Fund. </li> </ul> <p>TITLE II--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS </p> <p>Provides appropriations to the State Department to: </p> <ul> <li> counter the Islamic State of Iraq and the Levant (ISIL) and other terrorist organizations; </li> <li> address the needs of populations impacted by terrorist groups; </li> <li> document and investigate war crimes and crimes against humanity in Iraq and Syria; </li> <li> meet operational and security needs at U.S. diplomatic facilities overseas; </li> <li> increase overseas refugee and humanitarian assistance; </li> <li> counter violent extremism; and </li> <li> counter Russian influence and aggression. </li> </ul> <p>Provides appropriations for the Administration of Foreign Affairs, including: </p> <ul> <li>Diplomatic and Consular Programs;</li> <li> the Office of Inspector General; and </li> <li> Embassy Security, Construction, and Maintenance. </li> </ul> <p>Provides appropriations to the U.S. Agency for International Development for: </p> <ul> <li> Operating Expenses, </li> <li> the Capital Investment Fund, and </li> <li>the Office of Inspector General. </li> </ul> <p>Provides appropriations for Bilateral Economic Assistance, including: </p> <ul> <li> International Disaster Assistance; </li> <li> Transition Initiatives; </li> <li> the Economic Support Fund; </li> <li> Assistance For Europe, Eurasia and Central Asia; and </li> <li> Migration and Refugee Assistance. </li> </ul> <p>Provides appropriations for International Security Assistance, including: </p> <ul> <li> International Narcotics Control and Law Enforcement; </li> <li>Nonproliferation, Anti-Terrorism, Demining, and Related Programs; </li> <li> Peacekeeping Operations; and </li> <li> the Foreign Military Financing Program. </li> </ul> <p>(Sec. 201) Specifies that, unless otherwise indicated, funds provided by this title are subject to the authorities and conditions applicable to the appropriations accounts for FY2017. </p> <p>(Sec. 202) Requires the State Department or the USAID, as appropriate, to notify Congress before obligating certain funds provided by this title. </p> <p>(Sec. 203) Specifies authorities and restrictions for transferring certain funds provided by this title. </p> <p>(Sec. 204) Requires State and the USAID to report to Congress regarding the use of funds provided by this title prior to obligating the funds. Permits funds provided for International Disaster Assistance and Migration and Refugee Assistance to be obligated prior to the submission of the report. </p> <p>(Sec. 205) Permits funds provided for the Economic Support Fund to be used for loan guarantees for Iraq, subject to specified terms and conditions. Extends the authority to make certain direct loans to Iraq for the procurement of defense articles and services. </p> <p>Extends the Overseas Contingency Operations/Global War on Terrorism designations for certain funds made available from prior appropriations that previously included the designation. Specifies that the funds are only available if the President subsequently designates all of the amounts and transmits the designations to Congress. </p> <p>(Sec. 206) Permits funds provided by this title to support counter-terrorism and countering violent extremism programs to be used to enter into contracts with individuals for personal services in the United States or abroad. Prohibits the individuals from being deemed to be federal employees, for the purpose of any law administered by the Office of Personnel Management. </p>

action_date: 2016-12-10
action_desc: Public Law
text: <p>(This measure has not been amended since the House agreed to the Senate amendment with an amendment on December 8, 2016. The summary of that version is repeated here.)</p> <p><b>Highlights: </b></p> <p>This bill provides continuing appropriations for most federal agencies through the earlier of April 28, 2017, or the enactment of the applicable appropriations legislation. </p> <p>It is commonly referred to as a continuing resolution (CR) and prevents a partial government shutdown that would otherwise occur when the existing CR expires on December 9, 2016, because eleven of the twelve FY2017 regular appropriations bills that fund the federal government have not been enacted. (The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 was enacted earlier this year.) </p> <p>The bill funds most projects and activities at the rate established for FY2017 spending by the Budget Control Act of 2011. The bill also includes several exceptions, known as anomalies, which provide funding flexibility and additional appropriations for various programs. </p> <p>The bill also includes additional emergency, disaster relief, and Overseas Contingency Operations (OCO) funding which is exempt from discretionary spending limits. </p> <p>The bill extends several programs that are otherwise scheduled to expire, including health benefits for certain retired miners and their families. </p> <p><b>Full Summary: </b></p> <p><b>Further Continuing and Security Assistance Appropriations Act, 2017 </b></p> <p>(Sec. 3) Specifies that references to &quot;this Act&quot; included in division B of this bill refer only to the provisions of that division. </p> <p>(Sec. 4) Specifies the each amount in this bill designated by Congress as an emergency requirement is contingent on the President also designating all of the emergency amounts and transmitting the designations to Congress. </p> <p>Specifies that each amount in this bill designated by Congress for Overseas Contingency Operations/Global War on Terrorism is contingent on the President also designating all of the amounts and transmitting the designations to Congress. </p> <p><i>Further Continuing Appropriations Act, 2017 </i></p> <p>DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017 </p> <p>Provides continuing appropriations to most federal agencies through April 28, 2017, or the enactment of specified appropriations legislation. </p> <p>(Unless otherwise indicated, all extensions and provisions referenced in the summary are for the duration of the CR.) </p> <p>(Sec. 101) Amends the Continuing Appropriations Act, 2017 to: (1) provide FY2017 appropriations through April 28, 2017, to most federal agencies for continuing projects or activities at the levels of, and under the terms and conditions of FY2016 appropriations Acts; and (2) reduce the across-the-board reduction included in the Continuing Appropriations Act, 2017. </p> <p>Continues all provisions included in the Continuing Appropriations Act, 2017 (except where this bill provides otherwise) and adds the following new provisions: </p> <p>(Sec. 146) Permits Department of Agriculture (USDA) funds provided for the Farm Service Agency's Agricultural Credit Insurance Fund Program Account to be apportioned up to the rate for operations necessary to fund loans for which applications are approved. </p> <p>(Sec. 147) Permits funds provided to USDA for Child Nutrition Programs to be apportioned up to the rate for operations necessary to ensure that the Summer Electronic Benefit Transfer for Children demonstration projects are operational by May 2017. (The program operates through competitive state grants and provides monthly benefits during the summer to low-income families with school-aged children.) </p> <p>(Sec. 148) Amends the Richard B. Russell National School Lunch Act to extend the National Hunger Information Clearinghouse through FY2017. (The clearinghouse provides information to nongovernmental groups that assist low-income individuals or communities regarding food assistance and other activities that aid individuals and communities in reducing reliance on governmental agencies for food or other assistance.) </p> <p>(Sec. 149) Permits funds provided to USDA for the Rural Utilities Service to be transferred between appropriations as necessary for the cost of direct telecommunications loans authorized by the Rural Electrification Act of 1936. </p> <p>(Sec. 150) Permits funds provided to USDA for the Guaranteed Multi-Family Housing Loan Program to be apportioned up to the rate necessary to fund loans for which applications are approved.</p> <p>(Sec. 151) Permits funds provided for the National Oceanic and Atmospheric Administration to be apportioned up to the rate of operations necessary to maintain the planned launch schedules for the Joint Polar Satellite System weather satellites. </p> <p>(Sec. 152) Permits funds provided for the U.S. Census Bureau to be apportioned up to the rate of operations necessary to maintain the schedule and deliver the required data according to statutory deadlines for the 2020 Decennial Census Program. </p> <p>(Sec. 153) Permits funds provided to the National Aeronautics and Space Administration (NASA) to be apportioned up to the rate of operations necessary to maintain the planned launch capability schedules for the Space Launch System launch vehicle, Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle programs. </p> <p>(Sec. 154) Provides additional appropriations to the Department of Justice for Edward Byrne Memorial Justice Assistance Grants to reimburse state and local law enforcement agencies for personnel overtime costs associated with protection of the President-elect. </p> <p>(Sec. 155) Permits DOD to use specified procurement funds to begin advance procurement and detailed design work for the Ohio submarine replacement program. (The purpose of the program is to design and produce a new class of ballistic missile submarines to replace the current force.) </p> <p>(Sec. 156) Permits DOD to use funds for multiyear procurement contracts, including advance procurement, for the AH-64E Attack Helicopter and the UH-60M Black Hawk Helicopter. </p> <p>(Sec. 157) Permits DOD procurement funds provided for the KC-46A Tanker to be apportioned up to the rate of operations necessary to support the production rate specified in the President's FY2017 budget request. </p> <p>(Sec. 158) Provides the Department of Energy (DOE) with funding flexibility to maintain schedules for weapons activities of the National Nuclear Security Administration. </p> <p>(Sec. 159) Requires DOE to sell up to $375.4 million of crude oil from the Strategic Petroleum Reserve (SPR) in FY2017 and use the proceeds to carry out the SPR modernization program authorized in the Bipartisan Budget Act of 2015. </p> <p>(Sec. 160) Provides additional funding to DOE for the Uranium Enrichment Decontamination and Decommissioning Fund. (The account primarily funds the decommissioning and environmental remediation of three federal uranium enrichment facilities in Kentucky, Ohio, and Tennessee.) </p> <p>(Sec. 161) Provides additional funding to the General Services Administration for the pension benefits of the outgoing President. </p> <p><i>SOAR Funding Availability Act </i></p> <p>(Sec. 162) Amends the Scholarship for Opportunity and Results Act to require the Department of Education to make certain unobligated funds available to eligible entities receiving grants under the District of Columbia Opportunity Scholarship Program. </p> <p>Specifies that entities using the funds during the fiscal year must: (1) use at least 95% of the funds to provide additional scholarships for eligible students or to increase the amount of the scholarships during the year; and (2) use not more than 5% of the additional funds for administrative expenses, parental assistance, or tutoring. </p> <p>(Sec. 163) Permits funds provided to the Department of Homeland Security for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, and the U.S. Secret Service to be apportioned at a rate for operations as necessary, and apportioned to provide staffing levels as necessary, to ensure border security, fulfill immigration enforcement priorities, maintain aviation security activities, and carry out the mission associated with the protection of the President-elect. </p> <p>(Sec. 164) Permits funds provided to the National Gallery of Art for Salaries and Expenses to be apportioned up to the rate for operations necessary to provide for staffing, maintenance, security, and administrative expenses for the recently reopened galleries. </p> <p>(Sec. 165) Permits funds provided to the Smithsonian Institution for Salaries and Expenses to be apportioned up to the rate for operations necessary to provide for facilities maintenance, facilities operations, security, and support at the National Museum of African American History and Culture. </p> <p>(Sec. 166) Permits specified funds provided for the Indian Health Service to be apportioned up to the rate for operations necessary to provide for costs of staffing and operating newly constructed facilities. </p> <p><i>Continued Health Benefits for Miners Act </i></p> <p>(Sec. 167) Amends the Surface Mining Control and Reclamation Act of 1977 to transfer specified funds from the Abandoned Mine Reclamation Fund to provide health care benefits through April 30, 2017, for certain retired miners and their families under the United Mine Workers Association 1993 Benefit Plan. (The benefits are otherwise scheduled to expire on December 31, 2016.)</p> <p>Requires a voluntary employee's beneficiary association (VEBA) established as a result of a related coal mining company bankruptcy proceeding to transfer specified funds to the United Mine Workers Benefit Plan. </p> <p>Exempts the budgetary effects of this section from specified budget enforcement laws and procedures. </p> <p>(Sec. 168) Increases the amounts of specified funds within the Department of Labor's Office of Workers Compensation Programs Special Benefits account that are available to Labor for: the enhancement and maintenance of automated data processing systems operations and telecommunications systems, automated workload processing operations, periodic roll disability management and medical review, and program integrity. (The funding is provided to allow Labor to implement a plan to address compound prescription drug fraud and abuse in the Federal Employees' Compensation Act program.) </p> <p>(Sec. 169) Extends the authority of the Department of Education to make account maintenance fee payments to guarantee agencies under the Federal Family Education Loan program. </p> <p>(Sec. 170) Provides additional funding to the Department of Health and Human Services (HHS) for programs and activities related to: (1) the care of unaccompanied alien children, and (2) efforts to combat the trafficking of children. Rescinds specified unobligated balances from HHS's Nonrecurring Expenses Fund. </p> <p>(Sec. 171) Requires HHS to allocate funds from the Prevention and Public Health Fund in the same manner as in FY2016, with the exception of a reduction for the Centers for Diseases Control and Prevention. </p> <p>(Sec. 172) Permits the Social Security Administration to fund activities to address the hearing backlog within the Office of Disability Adjudication and Review using specified appropriations that were provided for the renovation and modernization of the Arthur J. Altmeyer Building. </p> <p>(Sec. 173) Extends the authorizations for the Temporary Assistance for Needy Families (TANF) and Child Care Entitlement programs. </p> <p>(Sec. 174) Permits HHS to use funds provided by this bill to implement provisions under current law related to the authorities and responsibilities for the designation and investigation of potential cancer clusters. </p> <p>(Sec. 175) Prohibits Members of Congress from receiving a cost of living adjustment (COLA) during FY2017. </p> <p>(Sec. 176) Authorizes the transfer of the Thomas P. O'Neill, Jr. Federal Building from the General Services Administration to the House of Representatives for treatment as a House Office Building and part of the U.S. Capitol Grounds under the authority of the Architect of the Capitol. </p> <p>(Sec. 177) Makes a technical change regarding Senate Minority Leadership office funding for the Office of the Assistant Minority Leader and Office of the Secretary of the Conference of the Minority. </p> <p>(Sec. 178) Amends S. Res. 64 (113th Congress) to extend the authorization for the Senate National Security Working Group until December 31, 2018. </p> <p>(Sec. 179) Established expedited legislative procedures in the Senate for the consideration of legislation to provide an exception to the limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. </p> <p>(Sec. 180) Suspends enforcement of certain hours-of-service rules for commercial drivers unless the Secretary of Transportation and Inspector General make specified findings and determinations regarding the provisions. Applies the suspension to the requirements for: (1) two off-duty periods from 1:00 a.m. to 5:00 a.m., and (2) the prohibition on using more than one restart during a consecutive 168-hour period. Requires the 34-hour restart rule in effect on June 30, 2013, to be restored if DOT does not make the required findings. </p> <p>(Prior to 2013, commercial drivers were required to take at least 34 hours off duty after working for 60 hours in a seven-day period [or 70 hours in an eight-day period], which is known as the &quot;34-hour restart requirement.&quot; Regulations that took effect in 2013 require the 34-hour off-duty period to cover two consecutive 1 a.m.-5 a.m. periods, and limit the drivers to one 34-hour &quot;restart&quot; in a 168-hour period.) </p> <p>(Sec. 181) Permits funds provided for Federal Aviation Administration (FAA) Operations to be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities. Specifies funding levels for the FAA's Facilities and Equipment account. </p> <p>(Sec. 182) Permits the Maritime Administration to use specified funds and unobligated balances for costs associated with the U.S. Merchant Marine Academy's Sea Year training program without regard to limitations on reprogramming or transfers of funds. </p> <p>Repeals a provision that limits funding for the U.S. Merchant Marine Academy until a spending plan is submitted to Congress. </p> <p>(Sec. 183) Permit funds provided to the Department of Housing and Urban Development for Tenant-Based Rental Assistance to be apportioned up to the rate for operations necessary to renew grants for rental assistance and administrative costs that were provided under the Tribal-Veterans Affairs Supportive Housing program. (The program provides rental assistance to Native American veterans who are homeless or at-risk of homelessness living on or near a reservation.) </p> <p>(Sec. 184) Delays the release of required sequestration reports and orders by the Congressional Budget Office and the Office of Management and Budget (OMB) if OMB determines and provides written notification that the amounts in the CR do not exceed the total base discretionary funding level that is permitted under current law for FY2017. Requires the written notification to include an estimate of both the dollar amount and sequester percentage that would be required to eliminate a breach of the discretionary spending caps for each of the defense and nondefense categories, assuming the levels of funding in the CR. </p> <p>(Sec. 185) Provides emergency appropriations for the Emergency Watershed Protection Program and the Emergency Conservation Program. </p> <p>(Sec. 186) Provides emergency appropriations to NASA for repairs to facilities damaged by Hurricane Matthew. </p> <p>(Sec. 187) Provides emergency appropriations for the Army Corp of Engineers Construction account to address emergency situations at Corps of Engineers projects, and to rehabilitate and repair damages to projects, caused by natural disasters. </p> <p>(Sec. 188) Provides emergency appropriations for the Army Corp of Engineers Mississippi River and Tributaries account to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters. </p> <p>(Sec. 189) Provides emergency appropriations for the Army Corp of Engineers Operation and Maintenance account to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters. </p> <p>(Sec. 190) Provides emergency appropriations for the Army Corp of Engineers Flood Control and Coastal Emergencies account to prepare for flood, hurricane and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters. </p> <p>(Sec. 191) Provides emergency appropriations for the Federal Highway Administration's Emergency Relief Program. </p> <p>(Sec. 192) Provides emergency and disaster relief appropriations for the Department of Housing and Urban Development's Community Development Block Grant Program for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared in 2016.</p> <p> (Sec. 193) Provides additional appropriations to the Food and Drug Administration (FDA) for the FDA Innovation Account authorized by the 21st Century Cures Act. </p> <p>(Sec. 194) Provides additional funding to the National Institutes of Health 's NIH Innovation Account for biomedical research authorized by the 21st Century Cures Act. </p> <p>(Sec. 195) Provides additional appropriations to HHS for opioid abuse prevention and treatment activities. </p> <p>(Sec. 196) Provides additional appropriations to the Environmental Protection Agency's (EPA's) Drinking Water State Revolving Loan Fund, consistent with the Water and Waste Act of 2016, for grants to states with declared emergencies relating to the public health threats associated with the presence of lead or other contaminants in drinking water provided by a public water system. </p> <p>(Sec. 197) Provides additional funding for the EPA's Water Infrastructure Finance and Innovation Program Account to provide loans for water infrastructure projects. </p> <p>(Sec. 198) Provides additional funding to HHS to establish a lead exposure registry and lead exposure advisory committee. </p> <p>(Sec. 199) Provides additional funding to the Centers for Disease Control and Prevention for childhood lead poisoning prevention programs authorized under the Public Health Service Act. </p> <p>(Sec. 200) Provides appropriations to HHS for the Healthy Start Initiative to reduce the rate of infant mortality and improve perinatal outcomes. </p> <p>(Sec. 201) Rescinds specified funds from the Children's Health Insurance Program State Allotments. </p> <p><i>Security Assistance Appropriations Act, 2017 </i></p> <p>DIVISION B-- SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017 </p> <p>Provides FY2017 Overseas Contingency Operations (OCO) / Global War on Terrorism appropriations to the Department of Defense (DOD) and the Department of State for counterterrorism activities. </p> <p>TITLE I--DEPARTMENT OF DEFENSE </p> <p>Provides FY2017 appropriations to the Department of Defense (DOD) to support counterterrorism operations and the European Reassurance Initiative. </p> <p>Provides appropriations to DOD for: </p> <ul> <li> Military Personnel; </li> <li>Operation and Maintenance; </li> <li> the Iraq Train and Equip Fund; </li> <li> Procurement; </li> <li> Research, Development, Test And Evaluation; and </li> <li> the Joint Improvised Explosive Device Defeat Fund. </li> </ul> <p>TITLE II--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS </p> <p>Provides appropriations to the State Department to: </p> <ul> <li> counter the Islamic State of Iraq and the Levant (ISIL) and other terrorist organizations; </li> <li> address the needs of populations impacted by terrorist groups; </li> <li> document and investigate war crimes and crimes against humanity in Iraq and Syria; </li> <li> meet operational and security needs at U.S. diplomatic facilities overseas; </li> <li> increase overseas refugee and humanitarian assistance; </li> <li> counter violent extremism; and </li> <li> counter Russian influence and aggression. </li> </ul> <p>Provides appropriations for the Administration of Foreign Affairs, including: </p> <ul> <li>Diplomatic and Consular Programs;</li> <li> the Office of Inspector General; and </li> <li> Embassy Security, Construction, and Maintenance. </li> </ul> <p>Provides appropriations to the U.S. Agency for International Development for: </p> <ul> <li> Operating Expenses, </li> <li> the Capital Investment Fund, and </li> <li>the Office of Inspector General. </li> </ul> <p>Provides appropriations for Bilateral Economic Assistance, including: </p> <ul> <li> International Disaster Assistance; </li> <li> Transition Initiatives; </li> <li> the Economic Support Fund; </li> <li> Assistance For Europe, Eurasia and Central Asia; and </li> <li> Migration and Refugee Assistance. </li> </ul> <p>Provides appropriations for International Security Assistance, including: </p> <ul> <li> International Narcotics Control and Law Enforcement; </li> <li>Nonproliferation, Anti-Terrorism, Demining, and Related Programs; </li> <li> Peacekeeping Operations; and </li> <li> the Foreign Military Financing Program. </li> </ul> <p>(Sec. 201) Specifies that, unless otherwise indicated, funds provided by this title are subject to the authorities and conditions applicable to the appropriations accounts for FY2017. </p> <p>(Sec. 202) Requires the State Department or the USAID, as appropriate, to notify Congress before obligating certain funds provided by this title. </p> <p>(Sec. 203) Specifies authorities and restrictions for transferring certain funds provided by this title. </p> <p>(Sec. 204) Requires State and the USAID to report to Congress regarding the use of funds provided by this title prior to obligating the funds. Permits funds provided for International Disaster Assistance and Migration and Refugee Assistance to be obligated prior to the submission of the report. </p> <p>(Sec. 205) Permits funds provided for the Economic Support Fund to be used for loan guarantees for Iraq, subject to specified terms and conditions. Extends the authority to make certain direct loans to Iraq for the procurement of defense articles and services. </p> <p>Extends the Overseas Contingency Operations/Global War on Terrorism designations for certain funds made available from prior appropriations that previously included the designation. Specifies that the funds are only available if the President subsequently designates all of the amounts and transmits the designations to Congress. </p> <p>(Sec. 206) Permits funds provided by this title to support counter-terrorism and countering violent extremism programs to be used to enter into contracts with individuals for personal services in the United States or abroad. Prohibits the individuals from being deemed to be federal employees, for the purpose of any law administered by the Office of Personnel Management. </p>

tv_txt: IB Union Calendar No. 64 114th CONGRESS 1st Session H. R. 2028 [Report No. 114–91] IN THE HOUSE OF REPRESENTATIVES April 24, 2015 Mr. Simpson , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes.

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, 2016, and for other purposes, namely: 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, $110,000,000, to remain available until expended. Construction 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); $1,631,000,000, 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. 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, $275,000,000, 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, $3,058,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for 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: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. 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, 2017. 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, $104,000,000, 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, $34,000,000, 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, $180,000,000, to remain available until September 30, 2017, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: 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) , $4,750,000, to remain available until September 30, 2017: Provided , That not more than 25 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title (as designated under such heading in the report of the Committee on Appropriations accompanying this Act) to specific programs, projects, or activities. General provisions—corps of engineers—civil (including transfer of funds) 101. (a) None of the funds provided in this title 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; (4) reduces funds that are directed to be used for a specific program, project, or activity by this Act; (5) increases funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less; or; (6) reduces funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less. (b) Subsection (a)(1) shall not apply to any project or activity authorized under section 205 of the Flood Control Act of 1948, section 14 of the Flood Control Act of 1946, section 208 of the Flood Control Act of 1954, section 107 of the River and Harbor Act of 1960, section 103 of the River and Harbor Act of 1962, section 111 of the River and Harbor Act of 1968, section 1135 of the Water Resources Development Act of 1986, section 206 of the Water Resources Development Act of 1996, or section 204 of the Water Resources Development Act of 1992. (c) The Corps of Engineers shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress 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. 102. 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. 103. 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 $4,700,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 104. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). 105. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), including the provisions of the rules dated November 13, 1986, and August 25, 1993, relating to such jurisdiction, and the guidance documents dated January 15, 2003, and December 2, 2008, relating to such jurisdiction. 106. None of the funds made available by this Act may be used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 , et seq.) for the activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Act ( 33 U.S.C. 1344(f)(1)(A) , (C)). 107. As of the date of enactment of this Act and each fiscal year thereafter, the Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. 108. No funds in this Act shall be used for an open lake placement alternative of 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 33 U.S.C. 1341. 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, $9,874,000, to remain available until expended, of which $1,000,000 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, $1,300,000 shall be available until September 30, 2017, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2016, 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, $948,640,000, to remain available until expended, of which $22,000 shall be available for transfer to the Upper Colorado River Basin Fund and $5,899,000 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, $49,528,000, 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, 2017, $59,500,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided , That not more than 25 percent of such amount may be obligated or expended until Reclamation complies with congressional and statutory direction related to Technical Memorandum 8140-CC-2004-1 ( Corrosion Considerations for Buried Metallic Water Pipe ) and the associated pipeline reliability study: Provided further , 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 201. (a) None of the funds provided in this title 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 for any program, project, or activity for which funds have been denied or restricted by this Act; (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 both Houses of Congress; (5) transfers funds in excess of the following limits— (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) $300,000 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; or (7) transfers, when 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. (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 both Houses of Congress 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. 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. 203. The Secretary of the Interior, acting through the Commissioner of Reclamation, shall— (1) complete the feasibility studies described in clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2015; (2) complete the feasibility studies described in clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (3) complete the feasibility study described in section 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit such study to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2017; and (4) provide a progress report on the status of the feasibility studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the Senate not later than 90 days after the date of the enactment of this Act and each 180 days thereafter until December 31, 2017, as applicable. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. 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, $1,657,774,000, to remain available until expended: Provided , That of such amount, $150,000,000 shall be available until September 30, 2017, 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, $187,500,000, to remain available until expended: Provided , That of such amount, $27,000,000 shall be available until September 30, 2017, 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, $936,161,000, to remain available until expended: Provided , That of such amount, $80,000,000 shall be available until September 30, 2017, for program direction including official reception and representation expenses not to exceed $10,000. 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), $605,000,000, to remain available until expended: Provided , That of such amount $120,000,000 shall be available until September 30, 2017, 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, $17,500,000, 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. ), $212,030,000, to remain available until expended. 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. ), $7,600,000, to remain available until expended. Energy information administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $117,000,000, 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, $229,193,000, 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, $625,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $32,959,000 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, $5,100,000,000, to remain available until expended: Provided , That of such amount, $181,000,000 shall be available until September 30, 2017, for program direction. Nuclear Waste Disposal For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982 ( Public Law 97–425 ), including the acquisition of real property or facility construction or expansion, $150,000,000, to remain available until expended, and to be derived from the Nuclear Waste Fund: Provided , That of the amount provided under this heading, $5,000,000 shall be made available to affected units of local government, as defined in section 2(31) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(31) ), to support the Yucca Mountain geologic repository, as authorized by such 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 ), $280,000,000, to remain available until expended: Provided , That of such amount $28,000,000 shall be available until September 30, 2017, for program direction. 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, $42,000,000 is appropriated, to remain available until September 30, 2017: Provided further , That $25,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $17,000,000: Provided further , That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses 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, $6,000,000, to remain available until September 30, 2017. 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. ), $247,420,000, to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 2016 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 2016 appropriation from the general fund estimated at not more than $130,249,000: Provided further , That of the total amount made available under this heading, $31,297,000 is for Energy Policy and Systems Analysis. 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, $46,000,000, to remain available until September 30, 2017. 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, $8,713,000,000, to remain available until expended: Provided , That $92,000,000 shall be available until September 30, 2017, for program direction. Defense nuclear nonproliferation (including rescission of funds) 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, $1,918,000,000, to remain available until expended: Provided , That funds provided by this Act for Project 99–D–143, Mixed Oxide Fuel Fabrication Facility, and by prior Acts that remain unobligated for such Project, may be made available only for construction and program support activities for such Project. Provided further , That of the unobligated balances from prior year appropriations available under this heading, $10,394,000 is hereby rescinded: Provided further , That no amounts may be rescinded 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. 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, $1,320,394,000, to remain available until expended: Provided , That $43,500,000 shall be available until September 30, 2017, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $388,000,000, to remain available until September 30, 2017, 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, and the purchase of not to exceed one fire apparatus pumper truck and one armored vehicle for replacement only, $5,055,550,000, to remain available until expended: Provided , That of such amount $281,951,000 shall be available until September 30, 2017, for program direction. 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, $471,797,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . 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, $767,570,000, to remain available until expended: Provided , That of such amount, $253,729,000 shall be available until September 30, 2017, 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 the Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake River Sockeye Weirs and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That during fiscal year 2016, 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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more than $0: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $66,500,000 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, $47,361,000, 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 $35,961,000 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 2016 appropriation estimated at not more than $11,400,000: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $63,000,000 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, $307,714,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation estimated at not more than $93,372,000, of which $87,658,000 is derived from the Reclamation Fund: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $352,813,000 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, $4,490,000, 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 $4,262,000 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 2016 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 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 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, $319,800,000, to remain available until expended: Provided , That notwithstanding any other provision of law, not to exceed $319,800,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $0. General provisions—department of energy (including transfer and rescissions of funds) 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 Bill 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 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 $5,000,000 or 10 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. 302. 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. 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 authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2016 until the enactment of the Intelligence Authorization Act for fiscal year 2016. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 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 developed for the project for that critical decision. 306. Notwithstanding section 301(c) of this Act, none of the funds made available under the heading Department of Energy—Energy Programs—Science 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. 307. (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 prohibition 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 delegated. (c) A waiver under subsection (b) shall not be effective 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 report on the justification for the waiver. 308. (a) Notification of strategic petroleum reserve drawdown None of the funds made available by this Act or any prior Act, or funds made available in the SPR Petroleum Account, may be used to conduct a drawdown (including a test drawdown) and sale or exchange of petroleum products from the Strategic Petroleum Reserve unless the Secretary of Energy provides notice, in accordance with subsection (b), of such exchange, or drawdown (including a test drawdown) to the Committees on Appropriations of both Houses of Congress. (b) (1) Content of notification The notification required under subsection (a) shall include at a minimum— (A) the justification for the drawdown or exchange, including— (i) a specific description of any obligation under international energy agreements; and (ii) in the case of a test drawdown, the specific aspects of the Strategic Petroleum Reserve to be tested; (B) the provisions of law (including regulations) authorizing the drawdown or exchange; (C) the number of barrels of petroleum products proposed to be withdrawn or exchanged; (D) the location of the Strategic Petroleum Reserve site or sites from which the petroleum products are proposed to be withdrawn; (E) a good faith estimate of the expected proceeds from the sale of the petroleum products; (F) an estimate of the total inventories of petroleum products in the Strategic Petroleum Reserve after the anticipated drawdown; (G) a detailed plan for disposition of the proceeds after deposit into the SPR Petroleum Account; and (H) a plan for refilling the Strategic Petroleum Reserve, including whether the acquisition will be of the same or a different petroleum product. (2) Timing of notification The Secretary shall provide the notification required under subsection (a)— (A) in the case of an exchange or a drawdown, as soon as practicable after the exchange or drawdown has occurred; and (B) in the case of a test drawdown, not later than 30 days prior to the test drawdown. (c) Post-sale notification In addition to reporting requirements under other provisions of law, the Secretary shall, upon the execution of all contract awards associated with a competitive sale of petroleum products, notify the Committees on Appropriations of both Houses of Congress of the actual value of the proceeds from the sale. (d) (1) New regional reserves The Secretary may not establish any new regional petroleum product 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. (2) The budget request or notification shall include— (A) the justification for the new reserve; (B) a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources; (C) a detailed plan for operation of the reserve, including the conditions upon which the products may be released; (D) the location of the reserve; and (E) the estimate of the total inventory of the reserve. 309. Of the amounts made available by this Act for National Nuclear Security Administration—Weapons Activities , up to $50,000,000 may be reprogrammed within such account for Domestic Uranium Enrichment, subject to the notice requirement in section 301(e). 310. (a) Unobligated balances available from appropriations for fiscal years 2005 through 2010 are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Energy Programs—Energy Efficiency and Renewable Energy , $16,677,000. (2) Energy Programs—Electricity Delivery and Energy Reliability , $900,000. (3) Energy Programs—Nuclear Energy , $1,665,000. (4) Energy Programs—Fossil Energy Research and Development , $12,064,000. (5) Energy Programs—Science , $4,717,000. (6) Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration , $4,832,000. (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. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $95,000,000, 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, $29,900,000, to remain available until September 30, 2017. 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 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, 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, $10,000,000, 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 for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities. Northern border regional commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $3,000,000, 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. Southeast crescent regional commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended. Nuclear regulatory commission Salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $1,003,233,000, including official representation expenses not to exceed $25,000, to remain available until expended, of which $25,000,000 shall be derived from the Nuclear Waste Fund: Provided , That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(2)(c) ), the use and expenditure shall only be approved by a majority vote of the Commission: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $862,274,000 in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $140,959,000: Provided further , That of the amounts appropriated under this heading, $10,000,000 shall be for university research and development in areas relevant to their respective organization'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. 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, $12,136,000, to remain available until September 30, 2017: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,060,000 in fiscal year 2016 shall be retained and be available until September 30, 2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $2,076,000: Provided further , That of the amounts appropriated under this heading, $958,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. Nuclear waste technical review board Salaries and expenses For expenses necessary for the Nuclear Waste 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, 2017. Office of the federal coordinator for alaska natural gas transportation projects For expenses necessary for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act, $1,000,000, to remain available until September 30, 2017: Provided , That any fees, charges, or commissions received pursuant to section 106(h) of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720d(h) ) in fiscal year 2016 in excess of $2,402,000 shall not be available for obligation until appropriated in a subsequent Act of Congress. General provisions—independent agencies 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. V General provisions 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. 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 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. (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. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. None of the funds made available by this Act may be used to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain geologic repository license application, or for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. 505. None of the funds made available by this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 of July 19, 2010. spending reduction account 506. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2016 .

April 24, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IIB 114th CONGRESS 1st Session H. R. 2028 IN THE SENATE OF THE UNITED STATES May 5, 2015 Received; read twice and referred to the Committee on Appropriations AN ACT Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes.

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, 2016, and for other purposes, namely: 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, $110,000,000 (increased by $1,000,000), to remain available until expended. Construction 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); $1,631,000,000 (increased by $3,000,000) (increased by $1,000,000) (reduced by $10,000,000) (increased by $10,000,000), 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. 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, $275,000,000, 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, $3,058,000,000 (increased by $36,306,000), 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: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000 (reduced by $424,000), to remain available until September 30, 2017. 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, $104,000,000, 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, $34,000,000, 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, $180,000,000 (reduced by $1,000,000), to remain available until September 30, 2017, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: 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) , $4,750,000 (increased by $30,000,000) (reduced by $30,000,000), to remain available until September 30, 2017: Provided , That not more than 25 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title (as designated under such heading in the report of the Committee on Appropriations accompanying this Act) to specific programs, projects, or activities. General provisions—corps of engineers—civil (including transfer of funds) 101. (a) None of the funds provided in this title 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; (4) reduces funds that are directed to be used for a specific program, project, or activity by this Act; (5) increases funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less; or (6) reduces funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less. (b) Subsection (a)(1) shall not apply to any project or activity authorized under section 205 of the Flood Control Act of 1948, section 14 of the Flood Control Act of 1946, section 208 of the Flood Control Act of 1954, section 107 of the River and Harbor Act of 1960, section 103 of the River and Harbor Act of 1962, section 111 of the River and Harbor Act of 1968, section 1135 of the Water Resources Development Act of 1986, section 206 of the Water Resources Development Act of 1996, or section 204 of the Water Resources Development Act of 1992. (c) The Corps of Engineers shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress 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. 102. 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. 103. 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 $4,700,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 104. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). 105. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), including the provisions of the rules dated November 13, 1986, and August 25, 1993, relating to such jurisdiction, and the guidance documents dated January 15, 2003, and December 2, 2008, relating to such jurisdiction. 106. None of the funds made available by this Act may be used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 , et seq.) for the activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Act ( 33 U.S.C. 1344(f)(1)(A) , (C)). 107. As of the date of enactment of this Act and each fiscal year thereafter, the Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. 108. No funds in this Act shall be used for an open lake placement alternative of 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 33 U.S.C. 1341. 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, $9,874,000, to remain available until expended, of which $1,000,000 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, $1,300,000 shall be available until September 30, 2017, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2016, 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, $948,640,000 (increased by $2,000,000), to remain available until expended, of which $22,000 shall be available for transfer to the Upper Colorado River Basin Fund and $5,899,000 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, $49,528,000, 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, 2017, $59,500,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided , That not more than 25 percent of such amount may be obligated or expended until Reclamation complies with congressional and statutory direction related to Technical Memorandum 8140–CC–2004–1 ( Corrosion Considerations for Buried Metallic Water Pipe ) and the associated pipeline reliability study: Provided further , 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 201. (a) None of the funds provided in this title 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 for any program, project, or activity for which funds have been denied or restricted by this Act; (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 both Houses of Congress; (5) transfers funds in excess of the following limits— (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) $300,000 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; or (7) transfers, when 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. (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 both Houses of Congress 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. 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. 203. The Secretary of the Interior, acting through the Commissioner of Reclamation, shall— (1) complete the feasibility studies described in clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2015; (2) complete the feasibility studies described in clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (3) complete the feasibility study described in section 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit such study to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2017; and (4) provide a progress report on the status of the feasibility studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the Senate not later than 90 days after the date of the enactment of this Act and each 180 days thereafter until December 31, 2017, as applicable. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. 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, $1,657,774,000 (reduced by $4,000,000) (increased by $4,000,000) (increased by $9,000,000) (increased by $2,000,000), to remain available until expended: Provided , That of such amount, $150,000,000 shall be available until September 30, 2017, 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, $187,500,000, to remain available until expended: Provided , That of such amount, $27,000,000 shall be available until September 30, 2017, 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, $936,161,000, to remain available until expended: Provided , That of such amount, $80,000,000 shall be available until September 30, 2017, for program direction including official reception and representation expenses not to exceed $10,000. 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), $605,000,000, to remain available until expended: Provided , That of such amount $120,000,000 shall be available until September 30, 2017, 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, $17,500,000, 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. ), $212,030,000, to remain available until expended. 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. ), $7,600,000, to remain available until expended. Energy information administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $117,000,000, 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, $229,193,000, 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, $625,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $32,959,000 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, $5,100,000,000, to remain available until expended: Provided , That of such amount, $181,000,000 shall be available until September 30, 2017, for program direction. Nuclear Waste Disposal For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982 ( Public Law 97–425 ), including the acquisition of real property or facility construction or expansion, $150,000,000, to remain available until expended, and to be derived from the Nuclear Waste Fund: Provided , That of the amount provided under this heading, $5,000,000 shall be made available to affected units of local government, as defined in section 2(31) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(31) ), to support the Yucca Mountain geologic repository, as authorized by such 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 ), $280,000,000, to remain available until expended: Provided , That of such amount $28,000,000 shall be available until September 30, 2017, for program direction. 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, $42,000,000 is appropriated, to remain available until September 30, 2017: Provided further , That $25,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $17,000,000: Provided further , That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses 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, $6,000,000, to remain available until September 30, 2017. 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. ), $247,420,000 (reduced by $1,000,000) (reduced by $3,000,000) (reduced by $36,720,000) (reduced by $2,000,000) (reduced by $9,000,000) (reduced by $2,000,000) (reduced by $1,000,000) (increased by $1,000,000), to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 2016 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 2016 appropriation from the general fund estimated at not more than $130,249,000: Provided further , That of the total amount made available under this heading, $31,297,000 is for Energy Policy and Systems Analysis. 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, $46,000,000 (increased by $424,000), to remain available until September 30, 2017. 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, $8,713,000,000, to remain available until expended: Provided , That $92,000,000 shall be available until September 30, 2017, for program direction. Defense nuclear nonproliferation (including rescission of funds) 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, $1,918,000,000 (reduced by $13,802,000) (increased by $10,000,000) (increased by $3,802,000), to remain available until expended: Provided , That funds provided by this Act for Project 99–D–143, Mixed Oxide Fuel Fabrication Facility, and by prior Acts that remain unobligated for such Project, may be made available only for construction and program support activities for such Project. Provided further , That of the unobligated balances from prior year appropriations available under this heading, $10,394,000 is hereby rescinded: Provided further , That no amounts may be rescinded 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. 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, $1,320,394,000 (increased by $2,426,400), to remain available until expended: Provided , That $43,500,000 shall be available until September 30, 2017, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $388,000,000 (reduced by $2,500,000), to remain available until September 30, 2017, 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, and the purchase of not to exceed one fire apparatus pumper truck and one armored vehicle for replacement only, $5,055,550,000, to remain available until expended: Provided , That of such amount $281,951,000 shall be available until September 30, 2017, for program direction. 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, $471,797,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . 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, $767,570,000, to remain available until expended: Provided , That of such amount, $253,729,000 shall be available until September 30, 2017, 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 the Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake River Sockeye Weirs and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That during fiscal year 2016, 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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more than $0: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $66,500,000 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, $47,361,000, 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 $35,961,000 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 2016 appropriation estimated at not more than $11,400,000: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $63,000,000 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, $307,714,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation estimated at not more than $93,372,000, of which $87,658,000 is derived from the Reclamation Fund: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $352,813,000 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, $4,490,000, 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 $4,262,000 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 2016 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 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 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, $319,800,000, to remain available until expended: Provided , That notwithstanding any other provision of law, not to exceed $319,800,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $0. General provisions—department of energy (including transfer and rescissions of funds) 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 Bill 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 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 $5,000,000 or 10 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. 302. 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. 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 authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2016 until the enactment of the Intelligence Authorization Act for fiscal year 2016. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 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 developed for the project for that critical decision. 306. Notwithstanding section 301(c) of this Act, none of the funds made available under the heading Department of Energy—Energy Programs—Science 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. 307. (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 prohibition 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 delegated. (c) A waiver under subsection (b) shall not be effective 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 report on the justification for the waiver. 308. (a) Notification of strategic petroleum reserve drawdown None of the funds made available by this Act or any prior Act, or funds made available in the SPR Petroleum Account, may be used to conduct a drawdown (including a test drawdown) and sale or exchange of petroleum products from the Strategic Petroleum Reserve unless the Secretary of Energy provides notice, in accordance with subsection (b), of such exchange, or drawdown (including a test drawdown) to the Committees on Appropriations of both Houses of Congress. (b) (1) Content of N otification The notification required under subsection (a) shall include at a minimum— (A) the justification for the drawdown or exchange, including— (i) a specific description of any obligation under international energy agreements; and (ii) in the case of a test drawdown, the specific aspects of the Strategic Petroleum Reserve to be tested; (B) the provisions of law (including regulations) authorizing the drawdown or exchange; (C) the number of barrels of petroleum products proposed to be withdrawn or exchanged; (D) the location of the Strategic Petroleum Reserve site or sites from which the petroleum products are proposed to be withdrawn; (E) a good faith estimate of the expected proceeds from the sale of the petroleum products; (F) an estimate of the total inventories of petroleum products in the Strategic Petroleum Reserve after the anticipated drawdown; (G) a detailed plan for disposition of the proceeds after deposit into the SPR Petroleum Account; and (H) a plan for refilling the Strategic Petroleum Reserve, including whether the acquisition will be of the same or a different petroleum product. (2) Timing of notification The Secretary shall provide the notification required under subsection (a)— (A) in the case of an exchange or a drawdown, as soon as practicable after the exchange or drawdown has occurred; and (B) in the case of a test drawdown, not later than 30 days prior to the test drawdown. (c) Post-Sale notification In addition to reporting requirements under other provisions of law, the Secretary shall, upon the execution of all contract awards associated with a competitive sale of petroleum products, notify the Committees on Appropriations of both Houses of Congress of the actual value of the proceeds from the sale. (d) (1) New R egional R eserves The Secretary may not establish any new regional petroleum 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. (2) The budget request or notification shall include— (A) the justification for the new reserve; (B) a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources; (C) a detailed plan for operation of the reserve, including the conditions upon which the products may be released; (D) the location of the reserve; and (E) the estimate of the total inventory of the reserve. 309. Of the amounts made available by this Act for National Nuclear Security Administration—Weapons Activities , up to $50,000,000 may be reprogrammed within such account for Domestic Uranium Enrichment, subject to the notice requirement in section 301(e). 310. (a) Unobligated balances available from appropriations for fiscal years 2005 through 2010 are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Energy Programs—Energy Efficiency and Renewable Energy , $16,677,000. (2) Energy Programs—Electricity Delivery and Energy Reliability , $900,000. (3) Energy Programs—Nuclear Energy , $1,665,000. (4) Energy Programs—Fossil Energy Research and Development , $12,064,000. (5) Energy Programs—Science , $4,717,000. (6) Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration , $4,832,000. (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. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $95,000,000, 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, $29,900,000, to remain available until September 30, 2017. 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 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, 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, $10,000,000, 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 for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities. Northern border regional commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $3,000,000, 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. Southeast crescent regional commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended. Nuclear regulatory commission Salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $1,003,233,000, including official representation expenses not to exceed $25,000, to remain available until expended, of which $25,000,000 shall be derived from the Nuclear Waste Fund: Provided , That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(2)(c) ), the use and expenditure shall only be approved by a majority vote of the Commission: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $862,274,000 in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $140,959,000: Provided further , That of the amounts appropriated under this heading, $10,000,000 shall be for university research and development in areas relevant to their respective organization'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. 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, $12,136,000, to remain available until September 30, 2017: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,060,000 in fiscal year 2016 shall be retained and be available until September 30, 2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $2,076,000: Provided further , That of the amounts appropriated under this heading, $958,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. Nuclear waste technical review board Salaries and expenses For expenses necessary for the Nuclear Waste 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, 2017. Office of the federal coordinator for alaska natural gas transportation projects For expenses necessary for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act, $1,000,000, to remain available until September 30, 2017: Provided , That any fees, charges, or commissions received pursuant to section 106(h) of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720d(h) ) in fiscal year 2016 in excess of $2,402,000 shall not be available for obligation until appropriated in a subsequent Act of Congress. General provisions—independent agencies 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. V General provisions 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. 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 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. (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. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. None of the funds made available by this Act may be used to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain geologic repository license application, or for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. 505. None of the funds made available by this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order No. 13547 of July 19, 2010. spending reduction account 506. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. 507. None of the funds made available by this Act may be used to transform the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consolidate or close the National Energy Technology Laboratory. 508. None of the funds made available in this 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 Islamic Republic of Iran except for contracts or agreements that require the Islamic Republic of Iran to cease the pursuit, acquisition, and development of nuclear weapons technology. 509. None of the funds made available by this Act may be used by the Department of Energy, the Department of the Interior, or any other Federal agency to lease or purchase new light duty vehicles for any executive fleet, or for an agency's fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 510. None of the funds made available by this Act may be used by the Department of Energy to finalize, implement, or enforce the proposed rule entitled Standards Ceiling Fans and Ceiling Fan Light Kits and identified by regulation identification number 1904–AC87. 511. None of the funds made available in this Act may be used in contravention of section 2101 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238b ) or section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ). 512. None of the funds made available by this Act may be used for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts, Nantucket Sound. 513. None of the funds made available in this Act may be used— (1) to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or (2) to implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(i)(1)(B) ) with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps. 514. None of the funds made available by this Act may be used to implement, administer, carry out, modify, revise, or enforce Executive Order No. 13690 (entitled Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input ). 515. None of the funds made available by this Act for Department of Energy—Energy Programs—Science may be used in contravention of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ). 516. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are procured from a manufacturer that is part of the national technology and industrial base. 517. None of the funds made available by this Act may be used for the removal of any federally owned or operated dam. 518. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or (3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 519. None of the funds made available by this Act may be used to finalize, promulgate, or enforce the Department of Energy’s proposed rule entitled Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces (80 Fed. Reg. 48: March 12, 2015). 520. None of the funds made available by this Act may be used to continue the study conducted by the Army Corps of Engineers pursuant to section 5018(a)(1) of the Water Resources Development Act of 2007 ( Public Law 110–114 ). 521. For an additional amount for Corps of Engineers—Civil—Department of the Army—Investigations , there is hereby appropriated, and the amount otherwise provided by this Act for Department of Energy—Energy Programs—Departmental Administration is hereby reduced by $2,500,000. 522. None of the funds made available by this Act may be used by the Department of Energy to apply the report entitled Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States , published in the Federal Register on June 4, 2014 (79 Fed. Reg. 32260), in any public interest determination under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ). 523. None of the funds made available by this Act may be used for the Department of Energy’s Climate Model Development and Validation program. 524. None of the funds made available by this Act may be used to purchase water to supplement or enhance the instream flow requirements in the State of California that are mandated under the Endangered Species Act of 1973, the Central Valley Project Improvement Act, or the National Environmental Policy Act of 1969. 525. None of the funds made available by this Act may be used to implement, administer, or enforce the requirement in section 323.4(a)(1)(ii) of title 33, Code of Federal Regulations, or section 232.3(c)(1)(ii)(A) of title 40, Code of Federal Regulations, that activities identified in paragraph (1)(A) of subsection (f) of section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(1)(A) ) must be established or ongoing in order to receive an exemption under such subsection. 526. None of the funds made available by this Act may be used to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2016 .

Passed the House of Representatives May 1, 2015. Karen L. Haas, Clerk.

tv_txt: IB 114th CONGRESS 1st Session H. R. 2028 IN THE HOUSE OF REPRESENTATIVES AN ACT Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes.

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, 2016, and for other purposes, namely: 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, $110,000,000 (increased by $1,000,000), to remain available until expended. Construction 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); $1,631,000,000 (increased by $3,000,000) (increased by $1,000,000) (reduced by $10,000,000) (increased by $10,000,000), 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. 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, $275,000,000, 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, $3,058,000,000 (increased by $36,306,000), 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: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000 (reduced by $424,000), to remain available until September 30, 2017. 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, $104,000,000, 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, $34,000,000, 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, $180,000,000 (reduced by $1,000,000), to remain available until September 30, 2017, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: 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) , $4,750,000 (increased by $30,000,000) (reduced by $30,000,000), to remain available until September 30, 2017: Provided , That not more than 25 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title (as designated under such heading in the report of the Committee on Appropriations accompanying this Act) to specific programs, projects, or activities. General provisions—corps of engineers—civil (including transfer of funds) 101. (a) None of the funds provided in this title 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; (4) reduces funds that are directed to be used for a specific program, project, or activity by this Act; (5) increases funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less; or (6) reduces funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less. (b) Subsection (a)(1) shall not apply to any project or activity authorized under section 205 of the Flood Control Act of 1948, section 14 of the Flood Control Act of 1946, section 208 of the Flood Control Act of 1954, section 107 of the River and Harbor Act of 1960, section 103 of the River and Harbor Act of 1962, section 111 of the River and Harbor Act of 1968, section 1135 of the Water Resources Development Act of 1986, section 206 of the Water Resources Development Act of 1996, or section 204 of the Water Resources Development Act of 1992. (c) The Corps of Engineers shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress 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. 102. 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. 103. 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 $4,700,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 104. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). 105. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), including the provisions of the rules dated November 13, 1986, and August 25, 1993, relating to such jurisdiction, and the guidance documents dated January 15, 2003, and December 2, 2008, relating to such jurisdiction. 106. None of the funds made available by this Act may be used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 , et seq.) for the activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Act ( 33 U.S.C. 1344(f)(1)(A) , (C)). 107. As of the date of enactment of this Act and each fiscal year thereafter, the Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. 108. No funds in this Act shall be used for an open lake placement alternative of 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 33 U.S.C. 1341. 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, $9,874,000, to remain available until expended, of which $1,000,000 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, $1,300,000 shall be available until September 30, 2017, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2016, 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, $948,640,000 (increased by $2,000,000), to remain available until expended, of which $22,000 shall be available for transfer to the Upper Colorado River Basin Fund and $5,899,000 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, $49,528,000, 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, 2017, $59,500,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided , That not more than 25 percent of such amount may be obligated or expended until Reclamation complies with congressional and statutory direction related to Technical Memorandum 8140–CC–2004–1 ( Corrosion Considerations for Buried Metallic Water Pipe ) and the associated pipeline reliability study: Provided further , 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 201. (a) None of the funds provided in this title 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 for any program, project, or activity for which funds have been denied or restricted by this Act; (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 both Houses of Congress; (5) transfers funds in excess of the following limits— (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) $300,000 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; or (7) transfers, when 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. (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 both Houses of Congress 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. 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. 203. The Secretary of the Interior, acting through the Commissioner of Reclamation, shall— (1) complete the feasibility studies described in clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2015; (2) complete the feasibility studies described in clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (3) complete the feasibility study described in section 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit such study to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2017; and (4) provide a progress report on the status of the feasibility studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the Senate not later than 90 days after the date of the enactment of this Act and each 180 days thereafter until December 31, 2017, as applicable. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. 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, $1,657,774,000 (reduced by $4,000,000) (increased by $4,000,000) (increased by $9,000,000) (increased by $2,000,000), to remain available until expended: Provided , That of such amount, $150,000,000 shall be available until September 30, 2017, 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, $187,500,000, to remain available until expended: Provided , That of such amount, $27,000,000 shall be available until September 30, 2017, 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, $936,161,000, to remain available until expended: Provided , That of such amount, $80,000,000 shall be available until September 30, 2017, for program direction including official reception and representation expenses not to exceed $10,000. 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), $605,000,000, to remain available until expended: Provided , That of such amount $120,000,000 shall be available until September 30, 2017, 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, $17,500,000, 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. ), $212,030,000, to remain available until expended. 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. ), $7,600,000, to remain available until expended. Energy information administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $117,000,000, 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, $229,193,000, 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, $625,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $32,959,000 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, $5,100,000,000, to remain available until expended: Provided , That of such amount, $181,000,000 shall be available until September 30, 2017, for program direction. Nuclear Waste Disposal For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982 ( Public Law 97–425 ), including the acquisition of real property or facility construction or expansion, $150,000,000, to remain available until expended, and to be derived from the Nuclear Waste Fund: Provided , That of the amount provided under this heading, $5,000,000 shall be made available to affected units of local government, as defined in section 2(31) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(31) ), to support the Yucca Mountain geologic repository, as authorized by such 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 ), $280,000,000, to remain available until expended: Provided , That of such amount $28,000,000 shall be available until September 30, 2017, for program direction. 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, $42,000,000 is appropriated, to remain available until September 30, 2017: Provided further , That $25,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $17,000,000: Provided further , That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses 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, $6,000,000, to remain available until September 30, 2017. 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. ), $247,420,000 (reduced by $1,000,000) (reduced by $3,000,000) (reduced by $36,720,000) (reduced by $2,000,000) (reduced by $9,000,000) (reduced by $2,000,000) (reduced by $1,000,000) (increased by $1,000,000), to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 2016 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 2016 appropriation from the general fund estimated at not more than $130,249,000: Provided further , That of the total amount made available under this heading, $31,297,000 is for Energy Policy and Systems Analysis. 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, $46,000,000 (increased by $424,000), to remain available until September 30, 2017. 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, $8,713,000,000, to remain available until expended: Provided , That $92,000,000 shall be available until September 30, 2017, for program direction. Defense nuclear nonproliferation (including rescission of funds) 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, $1,918,000,000 (reduced by $13,802,000) (increased by $10,000,000) (increased by $3,802,000), to remain available until expended: Provided , That funds provided by this Act for Project 99–D–143, Mixed Oxide Fuel Fabrication Facility, and by prior Acts that remain unobligated for such Project, may be made available only for construction and program support activities for such Project. Provided further , That of the unobligated balances from prior year appropriations available under this heading, $10,394,000 is hereby rescinded: Provided further , That no amounts may be rescinded 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. 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, $1,320,394,000 (increased by $2,426,400), to remain available until expended: Provided , That $43,500,000 shall be available until September 30, 2017, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $388,000,000 (reduced by $2,500,000), to remain available until September 30, 2017, 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, and the purchase of not to exceed one fire apparatus pumper truck and one armored vehicle for replacement only, $5,055,550,000, to remain available until expended: Provided , That of such amount $281,951,000 shall be available until September 30, 2017, for program direction. 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, $471,797,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . 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, $767,570,000, to remain available until expended: Provided , That of such amount, $253,729,000 shall be available until September 30, 2017, 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 the Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake River Sockeye Weirs and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That during fiscal year 2016, 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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more than $0: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $66,500,000 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, $47,361,000, 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 $35,961,000 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 2016 appropriation estimated at not more than $11,400,000: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $63,000,000 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, $307,714,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation estimated at not more than $93,372,000, of which $87,658,000 is derived from the Reclamation Fund: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $352,813,000 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, $4,490,000, 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 $4,262,000 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 2016 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 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 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, $319,800,000, to remain available until expended: Provided , That notwithstanding any other provision of law, not to exceed $319,800,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $0. General provisions—department of energy (including transfer and rescissions of funds) 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 Bill 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 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 $5,000,000 or 10 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. 302. 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. 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 authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2016 until the enactment of the Intelligence Authorization Act for fiscal year 2016. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 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 developed for the project for that critical decision. 306. Notwithstanding section 301(c) of this Act, none of the funds made available under the heading Department of Energy—Energy Programs—Science 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. 307. (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 prohibition 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 delegated. (c) A waiver under subsection (b) shall not be effective 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 report on the justification for the waiver. 308. (a) Notification of strategic petroleum reserve drawdown None of the funds made available by this Act or any prior Act, or funds made available in the SPR Petroleum Account, may be used to conduct a drawdown (including a test drawdown) and sale or exchange of petroleum products from the Strategic Petroleum Reserve unless the Secretary of Energy provides notice, in accordance with subsection (b), of such exchange, or drawdown (including a test drawdown) to the Committees on Appropriations of both Houses of Congress. (b) (1) Content of N otification The notification required under subsection (a) shall include at a minimum— (A) the justification for the drawdown or exchange, including— (i) a specific description of any obligation under international energy agreements; and (ii) in the case of a test drawdown, the specific aspects of the Strategic Petroleum Reserve to be tested; (B) the provisions of law (including regulations) authorizing the drawdown or exchange; (C) the number of barrels of petroleum products proposed to be withdrawn or exchanged; (D) the location of the Strategic Petroleum Reserve site or sites from which the petroleum products are proposed to be withdrawn; (E) a good faith estimate of the expected proceeds from the sale of the petroleum products; (F) an estimate of the total inventories of petroleum products in the Strategic Petroleum Reserve after the anticipated drawdown; (G) a detailed plan for disposition of the proceeds after deposit into the SPR Petroleum Account; and (H) a plan for refilling the Strategic Petroleum Reserve, including whether the acquisition will be of the same or a different petroleum product. (2) Timing of notification The Secretary shall provide the notification required under subsection (a)— (A) in the case of an exchange or a drawdown, as soon as practicable after the exchange or drawdown has occurred; and (B) in the case of a test drawdown, not later than 30 days prior to the test drawdown. (c) Post-Sale notification In addition to reporting requirements under other provisions of law, the Secretary shall, upon the execution of all contract awards associated with a competitive sale of petroleum products, notify the Committees on Appropriations of both Houses of Congress of the actual value of the proceeds from the sale. (d) (1) New R egional R eserves The Secretary may not establish any new regional petroleum 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. (2) The budget request or notification shall include— (A) the justification for the new reserve; (B) a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources; (C) a detailed plan for operation of the reserve, including the conditions upon which the products may be released; (D) the location of the reserve; and (E) the estimate of the total inventory of the reserve. 309. Of the amounts made available by this Act for National Nuclear Security Administration—Weapons Activities , up to $50,000,000 may be reprogrammed within such account for Domestic Uranium Enrichment, subject to the notice requirement in section 301(e). 310. (a) Unobligated balances available from appropriations for fiscal years 2005 through 2010 are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Energy Programs—Energy Efficiency and Renewable Energy , $16,677,000. (2) Energy Programs—Electricity Delivery and Energy Reliability , $900,000. (3) Energy Programs—Nuclear Energy , $1,665,000. (4) Energy Programs—Fossil Energy Research and Development , $12,064,000. (5) Energy Programs—Science , $4,717,000. (6) Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration , $4,832,000. (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. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $95,000,000, 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, $29,900,000, to remain available until September 30, 2017. 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 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, 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, $10,000,000, 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 for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities. Northern border regional commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $3,000,000, 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. Southeast crescent regional commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended. Nuclear regulatory commission Salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $1,003,233,000, including official representation expenses not to exceed $25,000, to remain available until expended, of which $25,000,000 shall be derived from the Nuclear Waste Fund: Provided , That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(2)(c) ), the use and expenditure shall only be approved by a majority vote of the Commission: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $862,274,000 in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $140,959,000: Provided further , That of the amounts appropriated under this heading, $10,000,000 shall be for university research and development in areas relevant to their respective organization'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. 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, $12,136,000, to remain available until September 30, 2017: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,060,000 in fiscal year 2016 shall be retained and be available until September 30, 2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $2,076,000: Provided further , That of the amounts appropriated under this heading, $958,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. Nuclear waste technical review board Salaries and expenses For expenses necessary for the Nuclear Waste 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, 2017. Office of the federal coordinator for alaska natural gas transportation projects For expenses necessary for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act, $1,000,000, to remain available until September 30, 2017: Provided , That any fees, charges, or commissions received pursuant to section 106(h) of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720d(h) ) in fiscal year 2016 in excess of $2,402,000 shall not be available for obligation until appropriated in a subsequent Act of Congress. General provisions—independent agencies 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. V General provisions 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. 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 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. (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. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. None of the funds made available by this Act may be used to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain geologic repository license application, or for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. 505. None of the funds made available by this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order No. 13547 of July 19, 2010. spending reduction account 506. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. 507. None of the funds made available by this Act may be used to transform the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consolidate or close the National Energy Technology Laboratory. 508. None of the funds made available in this 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 Islamic Republic of Iran except for contracts or agreements that require the Islamic Republic of Iran to cease the pursuit, acquisition, and development of nuclear weapons technology. 509. None of the funds made available by this Act may be used by the Department of Energy, the Department of the Interior, or any other Federal agency to lease or purchase new light duty vehicles for any executive fleet, or for an agency's fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 510. None of the funds made available by this Act may be used by the Department of Energy to finalize, implement, or enforce the proposed rule entitled Standards Ceiling Fans and Ceiling Fan Light Kits and identified by regulation identification number 1904–AC87. 511. None of the funds made available in this Act may be used in contravention of section 2101 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238b ) or section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ). 512. None of the funds made available by this Act may be used for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts, Nantucket Sound. 513. None of the funds made available in this Act may be used— (1) to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or (2) to implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(i)(1)(B) ) with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps. 514. None of the funds made available by this Act may be used to implement, administer, carry out, modify, revise, or enforce Executive Order No. 13690 (entitled Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input ). 515. None of the funds made available by this Act for Department of Energy—Energy Programs—Science may be used in contravention of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ). 516. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are procured from a manufacturer that is part of the national technology and industrial base. 517. None of the funds made available by this Act may be used for the removal of any federally owned or operated dam. 518. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or (3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 519. None of the funds made available by this Act may be used to finalize, promulgate, or enforce the Department of Energy’s proposed rule entitled Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces (80 Fed. Reg. 48: March 12, 2015). 520. None of the funds made available by this Act may be used to continue the study conducted by the Army Corps of Engineers pursuant to section 5018(a)(1) of the Water Resources Development Act of 2007 ( Public Law 110–114 ). 521. For an additional amount for Corps of Engineers—Civil—Department of the Army—Investigations , there is hereby appropriated, and the amount otherwise provided by this Act for Department of Energy—Energy Programs—Departmental Administration is hereby reduced by $2,500,000. 522. None of the funds made available by this Act may be used by the Department of Energy to apply the report entitled Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States , published in the Federal Register on June 4, 2014 (79 Fed. Reg. 32260), in any public interest determination under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ). 523. None of the funds made available by this Act may be used for the Department of Energy’s Climate Model Development and Validation program. 524. None of the funds made available by this Act may be used to purchase water to supplement or enhance the instream flow requirements in the State of California that are mandated under the Endangered Species Act of 1973, the Central Valley Project Improvement Act, or the National Environmental Policy Act of 1969. 525. None of the funds made available by this Act may be used to implement, administer, or enforce the requirement in section 323.4(a)(1)(ii) of title 33, Code of Federal Regulations, or section 232.3(c)(1)(ii)(A) of title 40, Code of Federal Regulations, that activities identified in paragraph (1)(A) of subsection (f) of section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(1)(A) ) must be established or ongoing in order to receive an exemption under such subsection. 526. None of the funds made available by this Act may be used to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2016 .

Passed the House of Representatives May 1, 2015. Karen L. Haas, Clerk.

tv_txt: II Calendar No. 96 114th CONGRESS 1st Session H. R. 2028 [Report No. 114–54] IN THE SENATE OF THE UNITED STATES May 5, 2015 Received; read twice and referred to the Committee on Appropriations May 21, 2015 Reported by Mr. Alexander , with an amendment Strike out all after the enacting clause and insert the part printed in italic AN ACT Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes.

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, 2016, and for other purposes, namely: 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, $110,000,000 (increased by $1,000,000), to remain available until expended. Construction 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); $1,631,000,000 (increased by $3,000,000) (increased by $1,000,000) (reduced by $10,000,000) (increased by $10,000,000), 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. 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, $275,000,000, 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, $3,058,000,000 (increased by $36,306,000), 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: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000 (reduced by $424,000), to remain available until September 30, 2017. 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, $104,000,000, 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, $34,000,000, 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, $180,000,000 (reduced by $1,000,000), to remain available until September 30, 2017, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: 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) , $4,750,000 (increased by $30,000,000) (reduced by $30,000,000), to remain available until September 30, 2017: Provided , That not more than 25 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title (as designated under such heading in the report of the Committee on Appropriations accompanying this Act) to specific programs, projects, or activities. General provisions—corps of engineers—civil (including transfer of funds) 101. (a) None of the funds provided in this title 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; (4) reduces funds that are directed to be used for a specific program, project, or activity by this Act; (5) increases funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less; or (6) reduces funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less. (b) Subsection (a)(1) shall not apply to any project or activity authorized under section 205 of the Flood Control Act of 1948, section 14 of the Flood Control Act of 1946, section 208 of the Flood Control Act of 1954, section 107 of the River and Harbor Act of 1960, section 103 of the River and Harbor Act of 1962, section 111 of the River and Harbor Act of 1968, section 1135 of the Water Resources Development Act of 1986, section 206 of the Water Resources Development Act of 1996, or section 204 of the Water Resources Development Act of 1992. (c) The Corps of Engineers shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress 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. 102. 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. 103. 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 $4,700,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 104. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). 105. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), including the provisions of the rules dated November 13, 1986, and August 25, 1993, relating to such jurisdiction, and the guidance documents dated January 15, 2003, and December 2, 2008, relating to such jurisdiction. 106. None of the funds made available by this Act may be used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 , et seq.) for the activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Act ( 33 U.S.C. 1344(f)(1)(A) , (C)). 107. As of the date of enactment of this Act and each fiscal year thereafter, the Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. 108. No funds in this Act shall be used for an open lake placement alternative of 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 33 U.S.C. 1341. 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, $9,874,000, to remain available until expended, of which $1,000,000 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, $1,300,000 shall be available until September 30, 2017, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2016, 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, $948,640,000 (increased by $2,000,000), to remain available until expended, of which $22,000 shall be available for transfer to the Upper Colorado River Basin Fund and $5,899,000 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, $49,528,000, 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, 2017, $59,500,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided , That not more than 25 percent of such amount may be obligated or expended until Reclamation complies with congressional and statutory direction related to Technical Memorandum 8140–CC–2004–1 ( Corrosion Considerations for Buried Metallic Water Pipe ) and the associated pipeline reliability study: Provided further , 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 201. (a) None of the funds provided in this title 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 for any program, project, or activity for which funds have been denied or restricted by this Act; (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 both Houses of Congress; (5) transfers funds in excess of the following limits— (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) $300,000 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; or (7) transfers, when 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. (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 both Houses of Congress 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. 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. 203. The Secretary of the Interior, acting through the Commissioner of Reclamation, shall— (1) complete the feasibility studies described in clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2015; (2) complete the feasibility studies described in clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (3) complete the feasibility study described in section 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit such study to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2017; and (4) provide a progress report on the status of the feasibility studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the Senate not later than 90 days after the date of the enactment of this Act and each 180 days thereafter until December 31, 2017, as applicable. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. 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, $1,657,774,000 (reduced by $4,000,000) (increased by $4,000,000) (increased by $9,000,000) (increased by $2,000,000), to remain available until expended: Provided , That of such amount, $150,000,000 shall be available until September 30, 2017, 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, $187,500,000, to remain available until expended: Provided , That of such amount, $27,000,000 shall be available until September 30, 2017, 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, $936,161,000, to remain available until expended: Provided , That of such amount, $80,000,000 shall be available until September 30, 2017, for program direction including official reception and representation expenses not to exceed $10,000. 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), $605,000,000, to remain available until expended: Provided , That of such amount $120,000,000 shall be available until September 30, 2017, 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, $17,500,000, 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. ), $212,030,000, to remain available until expended. 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. ), $7,600,000, to remain available until expended. Energy information administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $117,000,000, 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, $229,193,000, 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, $625,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $32,959,000 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, $5,100,000,000, to remain available until expended: Provided , That of such amount, $181,000,000 shall be available until September 30, 2017, for program direction. Nuclear Waste Disposal For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982 ( Public Law 97–425 ), including the acquisition of real property or facility construction or expansion, $150,000,000, to remain available until expended, and to be derived from the Nuclear Waste Fund: Provided , That of the amount provided under this heading, $5,000,000 shall be made available to affected units of local government, as defined in section 2(31) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(31) ), to support the Yucca Mountain geologic repository, as authorized by such 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 ), $280,000,000, to remain available until expended: Provided , That of such amount $28,000,000 shall be available until September 30, 2017, for program direction. 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, $42,000,000 is appropriated, to remain available until September 30, 2017: Provided further , That $25,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $17,000,000: Provided further , That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses 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, $6,000,000, to remain available until September 30, 2017. 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. ), $247,420,000 (reduced by $1,000,000) (reduced by $3,000,000) (reduced by $36,720,000) (reduced by $2,000,000) (reduced by $9,000,000) (reduced by $2,000,000) (reduced by $1,000,000) (increased by $1,000,000), to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 2016 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 2016 appropriation from the general fund estimated at not more than $130,249,000: Provided further , That of the total amount made available under this heading, $31,297,000 is for Energy Policy and Systems Analysis. 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, $46,000,000 (increased by $424,000), to remain available until September 30, 2017. 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, $8,713,000,000, to remain available until expended: Provided , That $92,000,000 shall be available until September 30, 2017, for program direction. Defense nuclear nonproliferation (including rescission of funds) 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, $1,918,000,000 (reduced by $13,802,000) (increased by $10,000,000) (increased by $3,802,000), to remain available until expended: Provided , That funds provided by this Act for Project 99–D–143, Mixed Oxide Fuel Fabrication Facility, and by prior Acts that remain unobligated for such Project, may be made available only for construction and program support activities for such Project. Provided further , That of the unobligated balances from prior year appropriations available under this heading, $10,394,000 is hereby rescinded: Provided further , That no amounts may be rescinded 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. 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, $1,320,394,000 (increased by $2,426,400), to remain available until expended: Provided , That $43,500,000 shall be available until September 30, 2017, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $388,000,000 (reduced by $2,500,000), to remain available until September 30, 2017, 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, and the purchase of not to exceed one fire apparatus pumper truck and one armored vehicle for replacement only, $5,055,550,000, to remain available until expended: Provided , That of such amount $281,951,000 shall be available until September 30, 2017, for program direction. 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, $471,797,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . 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, $767,570,000, to remain available until expended: Provided , That of such amount, $253,729,000 shall be available until September 30, 2017, 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 the Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake River Sockeye Weirs and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That during fiscal year 2016, 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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more than $0: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $66,500,000 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, $47,361,000, 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 $35,961,000 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 2016 appropriation estimated at not more than $11,400,000: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $63,000,000 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, $307,714,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation estimated at not more than $93,372,000, of which $87,658,000 is derived from the Reclamation Fund: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $352,813,000 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, $4,490,000, 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 $4,262,000 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 2016 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 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 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, $319,800,000, to remain available until expended: Provided , That notwithstanding any other provision of law, not to exceed $319,800,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $0. General provisions—department of energy (including transfer and rescissions of funds) 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 Bill 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 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 $5,000,000 or 10 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. 302. 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. 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 authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2016 until the enactment of the Intelligence Authorization Act for fiscal year 2016. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 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 developed for the project for that critical decision. 306. Notwithstanding section 301(c) of this Act, none of the funds made available under the heading Department of Energy—Energy Programs—Science 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. 307. (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 prohibition 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 delegated. (c) A waiver under subsection (b) shall not be effective 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 report on the justification for the waiver. 308. (a) Notification of strategic petroleum reserve drawdown None of the funds made available by this Act or any prior Act, or funds made available in the SPR Petroleum Account, may be used to conduct a drawdown (including a test drawdown) and sale or exchange of petroleum products from the Strategic Petroleum Reserve unless the Secretary of Energy provides notice, in accordance with subsection (b), of such exchange, or drawdown (including a test drawdown) to the Committees on Appropriations of both Houses of Congress. (b) (1) Content of N otification The notification required under subsection (a) shall include at a minimum— (A) the justification for the drawdown or exchange, including— (i) a specific description of any obligation under international energy agreements; and (ii) in the case of a test drawdown, the specific aspects of the Strategic Petroleum Reserve to be tested; (B) the provisions of law (including regulations) authorizing the drawdown or exchange; (C) the number of barrels of petroleum products proposed to be withdrawn or exchanged; (D) the location of the Strategic Petroleum Reserve site or sites from which the petroleum products are proposed to be withdrawn; (E) a good faith estimate of the expected proceeds from the sale of the petroleum products; (F) an estimate of the total inventories of petroleum products in the Strategic Petroleum Reserve after the anticipated drawdown; (G) a detailed plan for disposition of the proceeds after deposit into the SPR Petroleum Account; and (H) a plan for refilling the Strategic Petroleum Reserve, including whether the acquisition will be of the same or a different petroleum product. (2) Timing of notification The Secretary shall provide the notification required under subsection (a)— (A) in the case of an exchange or a drawdown, as soon as practicable after the exchange or drawdown has occurred; and (B) in the case of a test drawdown, not later than 30 days prior to the test drawdown. (c) Post-Sale notification In addition to reporting requirements under other provisions of law, the Secretary shall, upon the execution of all contract awards associated with a competitive sale of petroleum products, notify the Committees on Appropriations of both Houses of Congress of the actual value of the proceeds from the sale. (d) (1) New R egional R eserves The Secretary may not establish any new regional petroleum 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. (2) The budget request or notification shall include— (A) the justification for the new reserve; (B) a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources; (C) a detailed plan for operation of the reserve, including the conditions upon which the products may be released; (D) the location of the reserve; and (E) the estimate of the total inventory of the reserve. 309. Of the amounts made available by this Act for National Nuclear Security Administration—Weapons Activities , up to $50,000,000 may be reprogrammed within such account for Domestic Uranium Enrichment, subject to the notice requirement in section 301(e). 310. (a) Unobligated balances available from appropriations for fiscal years 2005 through 2010 are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Energy Programs—Energy Efficiency and Renewable Energy , $16,677,000. (2) Energy Programs—Electricity Delivery and Energy Reliability , $900,000. (3) Energy Programs—Nuclear Energy , $1,665,000. (4) Energy Programs—Fossil Energy Research and Development , $12,064,000. (5) Energy Programs—Science , $4,717,000. (6) Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration , $4,832,000. (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. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $95,000,000, 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, $29,900,000, to remain available until September 30, 2017. 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 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, 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, $10,000,000, 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 for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities. Northern border regional commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $3,000,000, 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. Southeast crescent regional commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended. Nuclear regulatory commission Salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $1,003,233,000, including official representation expenses not to exceed $25,000, to remain available until expended, of which $25,000,000 shall be derived from the Nuclear Waste Fund: Provided , That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(2)(c) ), the use and expenditure shall only be approved by a majority vote of the Commission: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $862,274,000 in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $140,959,000: Provided further , That of the amounts appropriated under this heading, $10,000,000 shall be for university research and development in areas relevant to their respective organization'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. 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, $12,136,000, to remain available until September 30, 2017: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,060,000 in fiscal year 2016 shall be retained and be available until September 30, 2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $2,076,000: Provided further , That of the amounts appropriated under this heading, $958,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. Nuclear waste technical review board Salaries and expenses For expenses necessary for the Nuclear Waste 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, 2017. Office of the federal coordinator for alaska natural gas transportation projects For expenses necessary for the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline Act, $1,000,000, to remain available until September 30, 2017: Provided , That any fees, charges, or commissions received pursuant to section 106(h) of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720d(h) ) in fiscal year 2016 in excess of $2,402,000 shall not be available for obligation until appropriated in a subsequent Act of Congress. General provisions—independent agencies 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. V General provisions 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. 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 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. (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. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. None of the funds made available by this Act may be used to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain geologic repository license application, or for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. 505. None of the funds made available by this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order No. 13547 of July 19, 2010. spending reduction account 506. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. 507. None of the funds made available by this Act may be used to transform the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consolidate or close the National Energy Technology Laboratory. 508. None of the funds made available in this 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 Islamic Republic of Iran except for contracts or agreements that require the Islamic Republic of Iran to cease the pursuit, acquisition, and development of nuclear weapons technology. 509. None of the funds made available by this Act may be used by the Department of Energy, the Department of the Interior, or any other Federal agency to lease or purchase new light duty vehicles for any executive fleet, or for an agency's fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 510. None of the funds made available by this Act may be used by the Department of Energy to finalize, implement, or enforce the proposed rule entitled Standards Ceiling Fans and Ceiling Fan Light Kits and identified by regulation identification number 1904–AC87. 511. None of the funds made available in this Act may be used in contravention of section 2101 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238b ) or section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ). 512. None of the funds made available by this Act may be used for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts, Nantucket Sound. 513. None of the funds made available in this Act may be used— (1) to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or (2) to implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(i)(1)(B) ) with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps. 514. None of the funds made available by this Act may be used to implement, administer, carry out, modify, revise, or enforce Executive Order No. 13690 (entitled Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input ). 515. None of the funds made available by this Act for Department of Energy—Energy Programs—Science may be used in contravention of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ). 516. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are procured from a manufacturer that is part of the national technology and industrial base. 517. None of the funds made available by this Act may be used for the removal of any federally owned or operated dam. 518. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or (3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 519. None of the funds made available by this Act may be used to finalize, promulgate, or enforce the Department of Energy’s proposed rule entitled Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces (80 Fed. Reg. 48: March 12, 2015). 520. None of the funds made available by this Act may be used to continue the study conducted by the Army Corps of Engineers pursuant to section 5018(a)(1) of the Water Resources Development Act of 2007 ( Public Law 110–114 ). 521. For an additional amount for Corps of Engineers—Civil—Department of the Army—Investigations , there is hereby appropriated, and the amount otherwise provided by this Act for Department of Energy—Energy Programs—Departmental Administration is hereby reduced by $2,500,000. 522. None of the funds made available by this Act may be used by the Department of Energy to apply the report entitled Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States , published in the Federal Register on June 4, 2014 (79 Fed. Reg. 32260), in any public interest determination under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ). 523. None of the funds made available by this Act may be used for the Department of Energy’s Climate Model Development and Validation program. 524. None of the funds made available by this Act may be used to purchase water to supplement or enhance the instream flow requirements in the State of California that are mandated under the Endangered Species Act of 1973, the Central Valley Project Improvement Act, or the National Environmental Policy Act of 1969. 525. None of the funds made available by this Act may be used to implement, administer, or enforce the requirement in section 323.4(a)(1)(ii) of title 33, Code of Federal Regulations, or section 232.3(c)(1)(ii)(A) of title 40, Code of Federal Regulations, that activities identified in paragraph (1)(A) of subsection (f) of section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(1)(A) ) must be established or ongoing in order to receive an exemption under such subsection. 526. None of the funds made available by this Act may be used to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2016 .

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, 2016, and for other purposes, namely: 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, $109,000,000, to remain available until expended. Construction 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); $1,641,000,000, 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. 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, $330,000,000, 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, $2,909,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for 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: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. 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, 2017. 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, $101,500,000, 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, $28,000,000, 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, $178,000,000, to remain available until September 30, 2017, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: 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) , $3,000,000, to remain available until September 30, 2017. General provisions—corps of engineers—civil (including transfer and rescission of funds) 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 2016, 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 subsections 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) Operations and maintenance Unlimited reprogramming authority is granted in order for the Corps to be able to respond to emergencies: Provided , That the Chief of Engineers must 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 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 same reprogramming guidelines for the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account as listed above; 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 Corps of Engineers 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: Provided , That the report 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; (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. 102. (a) Of the funds made available in prior appropriations Acts for water resources efforts under the headings Corps of Engineers-Civil, Department of the Army, Construction that remain unobligated as of the date of enactment of this Act, including amounts specified in law for particular projects, programs, or activities, $128,000,000 is rescinded. (b) None of the funds under subsection (a) may be rescinded from amounts that the Congress designated as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 103. 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 $4,700,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 104. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers during the fiscal year ending September 30, 2016, to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). Project deauthorization 105. (a) Not later than 180 days after the date of enactment of this Act, the Secretary shall execute a transfer agreement with the South Florida Water Management District for the project identified as the Ten Mile Creek Water Preserve Area Critical Restoration Project , carried out under section 528(b)(3) of the Water Resources Development Act of 1996 (110 Stat. 3768). (b) The transfer agreement under subsection (a) shall require the South Florida Water Management District to operate the transferred project as an environmental restoration project to provide water storage and water treatment options. (c) Upon execution of the transfer agreement under subsection (a), the Ten Mile Creek Water Preserve Area Critical Restoration Project shall no longer be authorized as a Federal project. 106. Section 5032(a)(2) of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1205) is amended by striking 15 and inserting 20 . 107. (a) No funds made available in this Act or any prior Act shall be available to reallocate water within the Alabama-Coosa-Tallapoosa (ACT) river basin, or any study thereof, until the Corps of Engineers has executed a Partnering Agreement with Alabama and Georgia outlining the participation of each State in a water reallocation study for the ACT river basin. (b) The prohibition in subsection (a) shall apply to the use of contributed or other non-Federal funds. 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, $9,874,000, to remain available until expended, of which $1,000,000 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, $1,350,000 shall be available until September 30, 2017, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That, for fiscal year 2016, 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, $988,131,000, to remain available until expended, of which $22,000 shall be available for transfer to the Upper Colorado River Basin Fund and $5,899,000 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, $49,528,000, 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, 2017, $58,500,000, 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 201. (a) None of the funds provided in this title 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 for any program, project, or activity for which funds have been denied or restricted by this Act; (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 both Houses of Congress; (5) transfers funds in excess of the following limits— (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) $300,000 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; or (7) transfers, when 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. (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 both Houses of Congress 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. 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. 203. Section 9504(e) of the Secure Water Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $300,000,000 and inserting $500,000,000 . 204. Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 210 of Public Law 111–85 , is amended by striking 2016 each place it appears and inserting 2020 . 205. The Reclamation Safety of Dams Act of 1978 is amended by— (1) striking Construction and inserting Except as provided in section 5B, construction in section 3; and (2) inserting after section 5A ( 43 U.S.C. 509a ) the following: 5B. Notwithstanding section 3, if the Secretary, in her judgment, determines that additional project benefits, including but not limited to additional conservation storage capacity, are necessary and in the interests of the United States and the project and are feasible and not inconsistent with the purposes of this Act, the Secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the Secretary’s activities under section 2 of this Act and subject to the conditions described in the feasibility study, provided the costs associated with developing the additional project benefits are allocated to the authorized purposes of the project that have a benefit, a cost share agreement related to the additional project benefits is reached among State and Federal funding agencies and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et seq. ) and acts supplemental to and amendatory of that Act. . 206. Section 5 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 ) is amended in the first sentence— (a) by inserting and effective October 1, 2015, not to exceed an additional $1,100,000,000 (October 1, 2003, price levels), after (October 1, 2003, price levels), ; (b) in the proviso— (1) by striking $1,250,000 and inserting $20,000,000 ; and (2) by striking Congress and inserting Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate ; and (3) by adding at the end the following: For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2013, price levels), the Secretary of the Interior shall, at least 30 days before the date on which the funds are expended, submit written notice of the expenditures to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate that provides a summary of the project, the cost of the project, and any alternatives that were considered. . 207. The Secretary of the Interior, acting through the Commissioner of Reclamation, shall— (a) complete the feasibility studies described in clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2015; (b) complete the feasibility study described in clause (i)(II) of section 103(d)(1)(A) of Public Law 108–361 and submit such study to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (c) complete a publicly available draft feasibility study for the project described in clause (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such study to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (d) complete the feasibility study described in clause (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such study to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2017; (e) complete the feasibility study described in section 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit such study to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2017; and (f) provide a progress report on the status of the feasibility studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the Senate not later than 90 days after the date of the enactment of this Act and each 180 days thereafter until December 31, 2017, as applicable. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. 208. Notwithstanding any other provision of this Act, funds provided by this Act for California Bay-Delta Restoration may be used to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River. 209. Notwithstanding any other provision of this Act, funds made available by this Act for Central Valley Project Restoration Fund may be used for all authorized activities necessary to supplement or enhance the instream flow requirements in the State of California that are mandated under the Endangered Species Act of 1973 and the Central Valley Project Improvement Act. III Department of energy Energy programs Energy Efficiency and Renewable Energy (including transfer and rescission of funds) 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, $1,950,000,000, to remain available until expended: Provided , That, of such amount, $160,000,000 shall be available until September 30, 2017, for program direction: Provided further , That, of the amount provided under this heading, the Secretary may transfer up to $45,000,000 to the Defense Production Act Fund for activities of the Department of Energy pursuant to the Defense Production Act of 1950 ( 50 U.S.C. App. 2061 , et seq.). 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, $152,306,000, to remain available until expended: Provided , That, of such amount, $27,000,000 shall be available until September 30, 2017, 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, $950,161,000, to remain available until expended: Provided , That, of such amount, $80,000,000 shall be available until September 30, 2017, for program direction including official reception and representation expenses not to exceed $10,000: Provided , That, of such amount, $24,000,000 shall be derived from the Nuclear Waste Fund. 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), $610,000,000, to remain available until expended: Provided , That, of such amount, $115,000,000 shall be available until September 30, 2017, 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, $17,500,000, 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. ), $200,000,000, to remain available until expended. 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. ), $7,600,000, 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, $244,000,000, 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, $614,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $32,959,000 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, $5,143,877,000, to remain available until expended: Provided , That, of such amount, $185,000,000 shall be available until September 30, 2017, for program direction. 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 ), $291,000,000, to remain available until expended: Provided , That, of such amount, $28,000,000 shall be available until September 30, 2017, for program direction. 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, $42,000,000 is appropriated, to remain available until September 30, 2017: Provided further , That $25,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $17,000,000: Provided further , That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses 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, $6,000,000, to remain available until September 30, 2017. 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. ), $248,142,000, to remain available until September 30, 2017, 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 $117,171,000 in fiscal year 2016 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 2016 appropriation from the general fund estimated at not more than $130,971,000: Provided further , That, of the total amount made available under this heading, $31,297,000 is for Energy Policy and Systems Analysis. 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, $46,424,000, to remain available until September 30, 2017. 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, $8,882,364,000, to remain available until expended: Provided , That of such amount, $97,118,000 shall be available until September 30, 2017, 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, $1,705,912,000, to remain available until expended. 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, $1,300,000,000, to remain available until expended: Provided , That of such amount, $42,504,000 shall be available until September 30, 2017, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $375,000,000, to remain available until September 30, 2017, 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, and the purchase of not to exceed one fire apparatus pumper truck and one armored vehicle for replacement only, $5,180,000,000, to remain available until expended: Provided , That, of such amount, $281,951,000 shall be available until September 30, 2017, for program direction: Provided further , That the Office of Environmental Management shall not accept ownership or responsibility for cleanup of any National Nuclear Security Administration facilities or sites without funding specifically designated for that purpose in an Appropriations Act at the time of transfer. 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, $614,000,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . 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, $764,000,000, to remain available until expended: Provided , That, of such amount, $249,137,000 shall be available until September 30, 2017, 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 the Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake River Sockeye Weirs and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That, during fiscal year 2016, no new direct loan obligations may be made. Operations and maintenance, southeastern power administration For expenses necessary for operations 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, $6,900,000, 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 $6,900,000 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 2016 appropriation estimated at not more than $0: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $66,500,000 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). Operations and maintenance, southwestern power administration For expenses necessary for operations 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, $47,361,000, 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 $35,961,000 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 2016 appropriation estimated at not more than $11,400,000: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $63,000,000 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, operations 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, $307,714,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $302,000,000 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 $214,342,000 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 2016 appropriation estimated at not more than $93,372,000, of which $87,658,000 is derived from the Reclamation Fund: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $352,813,000 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 operations, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, 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 $4,262,000 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 2016 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 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 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, $319,800,000, to remain available until expended: Provided , That, notwithstanding any other provision of law, not to exceed $319,800,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation from the general fund estimated at not more than $0. General provisions—department of energy (including transfer and rescissions of funds) 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 Bill 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 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 $5,000,000 or 10 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. 302. 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. 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 authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2016 until the enactment of the Intelligence Authorization Act for fiscal year 2016. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 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 developed for the project for that critical decision. 306. (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, 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 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; and (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. 307. (a) Notification of strategic petroleum reserve drawdown None of the funds made available by this Act or any prior or subsequent Act, or funds made available in the SPR Petroleum Account, may be used in this fiscal year or each subsequent fiscal year, to conduct a drawdown (including a test drawdown) and sale or exchange of petroleum products from the Strategic Petroleum Reserve unless the Secretary of Energy provides notice, in accordance with subsection (b), of such exchange, or drawdown (including a test drawdown) to the Committees on Appropriations of both Houses of Congress. (b) (1) Content of notification The notification required under subsection (a) shall include at a minimum— (A) the justification for the drawdown or exchange, including— (i) a specific description of any obligation under international energy agreements; and (ii) in the case of a test drawdown, the specific aspects of the Strategic Petroleum Reserve to be tested; (B) the provisions of law (including regulations) authorizing the drawdown or exchange; (C) the number of barrels of petroleum products proposed to be withdrawn or exchanged; (D) the location of the Strategic Petroleum Reserve site or sites from which the petroleum products are proposed to be withdrawn; (E) a good faith estimate of the expected proceeds from the sale of the petroleum products; (F) an estimate of the total inventories of petroleum products in the Strategic Petroleum Reserve after the anticipated drawdown; (G) a detailed plan for disposition of the proceeds after deposit into the SPR Petroleum Account; and (H) a plan for refilling the Strategic Petroleum Reserve, including whether the acquisition will be of the same or a different petroleum product. (2) Timing of notification The Secretary shall provide the notification required under subsection (a)— (A) in the case of an exchange or a drawdown, as soon as practicable after the exchange or drawdown has occurred; and (B) in the case of a test drawdown, not later than 30 days prior to the test drawdown. (c) Post-Sale notification In addition to reporting requirements under other provisions of law, the Secretary shall, upon the execution of all contract awards in this fiscal year and each subsequent fiscal year associated with a competitive sale of petroleum products, notify the Committees on Appropriations of both Houses of Congress of the actual value of the proceeds from the sale. (d) (1) New regional reserves The Secretary may not establish any new regional petroleum product 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. (2) The budget request or notification shall include— (A) the justification for the new reserve; (B) a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources; (C) a detailed plan for operation of the reserve, including the conditions upon which the products may be released; (D) the location of the reserve; and (E) the estimate of the total inventory of the reserve. 308. (a) Unobligated balances available from appropriations for fiscal years 2005 through 2010 are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Energy Programs—Energy Efficiency and Renewable Energy , $16,677,000. (2) Energy Programs—Electricity Delivery and Energy Reliability , $900,000. (3) Energy Programs—Nuclear Energy , $1,665,000. (4) Energy Programs—Fossil Energy Research and Development , $12,064,000. (5) Energy Programs—Science , $4,717,000. (6) Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration , $4,832,000. (b) No amounts may be rescinded by this section from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 309. (a) Unobligated balances available from appropriations are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Atomic Energy Defense Activities—National Nuclear Security Administration—Weapons Activities , $65,135,000. (2) Atomic Energy Defense Activities—National Nuclear Security Administration—Defense Nuclear Nonproliferation , $19,324,000. (3) Atomic Energy Defense Activities—National Nuclear Security Administration—Naval Reactors , $628,000. (b) No amounts may be rescinded by this section from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 310. Of the amounts made available by this Act for National Nuclear Security Administration—Weapons Activities , up to $50,000,000 may be reprogrammed within such account for Domestic Uranium Enrichment, subject to the notice requirements in section 301. Technical correction 311. (a) Contracts for storage Notwithstanding any other provision of law and subject to the availability of appropriations, the Secretary is authorized, in this year and each subsequent fiscal year, to enter into contracts to store spent nuclear fuel and high-level radioactive waste, as applicable, to which the Secretary holds the title or has a contract to accept title, at any facility licensed by the Nuclear Regulatory Commission for such storage. (b) Transfer of title Delivery, and acceptance by the Secretary, of any spent nuclear fuel or high-level radioactive waste for storage under this section shall constitute a transfer of title to the Secretary of such spent fuel or waste. (c) Contract modification The Secretary is authorized to enter into new contracts or modify existing contracts with any person who generates or holds title to high-level radioactive waste or spent nuclear fuel, of domestic origin for the acceptance of title, subsequent transportation, and storage of such high-level radioactive waste or spent nuclear fuel at a facility described under subsection (a). 312. Notwithstanding any other provision of law, the provisions of 40 U.S.C. 11319 shall not apply to funds appropriated in this title to Federally Funded Research and Development Centers sponsored by the Department of Energy. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $105,000,000, 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, $29,150,000, to remain available until September 30, 2017. 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 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 including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $11,000,000, 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 for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities. Northern border regional commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $7,500,000, 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 For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $990,000,000, 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, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(2)(c) ), the use and expenditure shall only be approved by a majority vote of the Commission: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $872,864,000 in fiscal year 2016 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 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $117,136,000. Office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $12,136,000, to remain available until September 30, 2017: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,060,000 in fiscal year 2016 shall be retained and be available until September 30, 2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2016 so as to result in a final fiscal year 2016 appropriation estimated at not more than $2,076,000: Provided further , That, of the amounts appropriated under this heading, $958,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. Nuclear waste technical review board Salaries and expenses For expenses necessary for the Nuclear Waste 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, 2017. General provisions—independent agencies 401. (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 (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) 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. (d) 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. 402. 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. 403. Public Law 105–277, division A, section 101(g) (title III, section 329(a), (b)) is amended by inserting, in subsection (b), after State law and before the period the following: or for the construction and repair of barge mooring points and barge landing sites to facilitate pumping fuel from fuel transport barges into bulk fuel storage tanks. . V General provisions 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. 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 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. (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. 503. None of the funds made available by this Act may be used to implement, administer, carry out, modify, revise, or enforce Executive Order 13690 (entitled Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input ). This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2016 .

May 5, 2015 Received; read twice and referred to the Committee on Appropriations May 21, 2015 Reported with an amendment

tv_txt: 114th CONGRESS 2d Session H.R. 2028 In the Senate of the United States, May 12, 2016. Amendment:

That the bill from the House of Representatives (H.R. 2028) entitled An Act making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 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, 2017, and for other purposes, namely: 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, design work, 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 related efforts; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $126,522,000, to remain available until expended. Construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related projects authorized by law; for conducting detailed studies, design work, 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); $1,813,649,000, 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 funds made available under this heading for shore protection may be prioritized for projects in areas that have suffered severe beach erosion requiring additional sand placement outside of the normal beach renourishment cycle or in which the normal beach renourishment cycle has been delayed. 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, $368,000,000, 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, and aquatic ecosystem restoration projects, 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, $3,173,829,000, 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 Army 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 managed by the Army Corps of Engineers 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: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further , That of the funds provided herein, for any Corps of Engineers project located in a State in which a Bureau of Reclamation project is also located, any non-Federal project regulated for flood control by the Secretary of the Army located in a State in which a Bureau of Reclamation project is also located, or any Bureau of Reclamation facilities regulated for flood control by the Secretary of the Army, the Secretary of the Army shall fund all or a portion of the costs to review or revise operational documents, including water control plans, water control manuals, water control diagrams, release schedules, rule curves, operational agreements with non-Federal entities, and any associated environmental documentation. 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, 2018. 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, $103,000,000, 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, $30,000,000, to remain available until expended. Expenses For expenses necessary for the supervision and general administration of the civil works program in the Army Corps of Engineers headquarters and the division offices; and for costs allocable to the civil works program 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, $180,000,000, to remain available until September 30, 2018, of which not more than $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided , That no part of any other appropriation provided in this title shall be available to fund such activities in the Army Corps of Engineers headquarters and 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) , $5,000,000, to remain available until September 30, 2018. General provisions—corps of engineers—civil (including transfer of funds) 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 2017, 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. (e) The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the report of the Committee on Appropriations accompanying this Act, including the determination and designation of new starts. (f) 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. 102. 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 civil works projects. 103. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers during the fiscal year ending September 30, 2017, to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). 104. None of the funds provided in this act may be used for open lake disposal of dredged sediment in Lake Erie unless such disposal meets water and environmental standards agreed to by the administrator of a State’s water permitting agency and is consistent with a State’s Coastal Zone Management Plan. If this standard is not met, the Corps of Engineers will maintain its long-standing funding obligations for upland placement of dredged material with cost sharing as specified in section 101 of the Water Resources Development Act of 1986, Public Law 99–662 , as amended by section 201 of the Water Resources Development Act of 1196, Public Law 104–303 ( 33 U.S.C. 2211 ) and section 217(d) of the Water Resources Development Act of 1996, Public Law 104–303 , as amended by section 2005 of the Water Resources Development Act of 2007, Public Law 110–300 ( 33 U.S.C. 2326a(d) ). 105. None of the funds made available by this title may be used for any acquisition that is not consistent with section 225.7007 of title 48, Code of Federal Regulations. 106. Of the amounts made available under this title for operation and maintenance, $2,000,000 shall be available for Upper Missouri River Basin flood and drought monitoring under section 4003(a) of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ; 128 Stat. 1310). 107. Section 2006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2242 ) is amended— (1) in subsection (a)(3), by inserting in which the project is located or of a community that is located in the region that is served by the project and that will rely on the project after community ; and (2) in subsection (b)— (A) in paragraph (1), by inserting or of a community that is located in the region to be served by the project and that will rely on the project after community ; (B) in paragraph (4), by striking local population and inserting regional population to be served by the project ; and (C) in paragraph (5), by striking community and inserting local community or to a community that is located in the region to be served by the project and that will rely on the project . 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, $10,000,000, to remain available until expended, of which $1,300,000 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, $1,350,000 shall be available until September 30, 2018, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2017, 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, $1,114,394,000, to remain available until expended, of which $158,841,000 shall be available for additional funding for work and are authorized to be used consistent with activities described in the Commissioner's transmittal to Congress dated February 8, 2016; $22,000 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, $55,606,000, 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, $36,000,000, 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, 2018, $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 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 2017, 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 unless the program, project or activity has received no appropriated funding for at least five fiscal years; (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. 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. 203. Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 210 of Public Law 111–85 , is amended by striking 2017 each place it appears and inserting 2019 . 204. Section 9504(e) of the Secure Water Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $350,000,000 and inserting $450,000,000, on the condition that of that amount, $50,000,000 is used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 ( 43 U.S.C. 620 note; Public Law 113–235 ) . 205. Section 205 of the Energy and Water Development and Related Agencies Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2242), is amended— (1) in paragraph (2)— (A) by striking feasibility studies described in clauses (i)(II) and (ii)(I) and inserting feasibility study described in clause (i)(II) ; and (B) by striking such studies and inserting such study ; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: (3) not later than November 30, 2017, complete and submit to the appropriate committees of the House of Representatives and the Senate the feasibility study described in section 103(d)(1)(A)(ii)(I) of the Calfed Bay-Delta Authorization Act ( Public Law 108–361 ; 118 Stat. 1684); . 206. (a) The Secretary of the Interior, in coordination with the Secretary of the Army and the Secretary of Agriculture, may enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a comprehensive study, to be completed not later than 1 year after the date of enactment of this Act, on the effectiveness and environmental impact of salt cedar control efforts (including biological control) in increasing water supplies, restoring riparian habitat, and improving flood management. (b) Not later than 1 year after the date of completion of the study under subsection (a), the Secretary of the Interior, in coordination with the Secretary of Agriculture, may prepare a plan for the removal of salt cedar from all Federal land in the Lower Colorado River basin based on the findings and recommendations of the study conducted by the National Academy of Sciences that includes— (1) provisions for revegetating Federal land with native vegetation; (2) provisions for adapting to the increasing presence of biological control in the Lower Colorado River basin; (3) provisions for removing salt cedar from Federal land during post-wildfire recovery activities; (4) strategies for developing partnerships with State, tribal, and local governmental entities in the eradication of salt cedar; and (5) budget estimates and completion timelines for the implementation of plan elements. 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, $2,073,000,000, to remain available until expended: Provided , That of such amount, $153,500,000 shall be available until September 30, 2018, for program direction: Provided further , That of such amount $220,600,000 shall be available for the Weatherization Assistance Program, of which $6,000,000 shall be derived by transfer from the amount otherwise available for Building Technologies: Provided further , That of such amount, $95,400,000 shall be available for wind energy. 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, $206,000,000, to remain available until expended: Provided , That of such amount, $28,500,000 shall be available until September 30, 2018, 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, and the purchase of no more than three emergency service vehicles for replacement only, $1,057,903,000, to remain available until expended: Provided , That of such amount, the Secretary of Energy 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, $80,000,000 shall be available until September 30, 2018, 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), $632,000,000, to remain available until expended: Provided , That of the amount made available under this heading in this Act, $60,000,000 shall be available until September 30, 2018, 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, $14,950,000, 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. ), $200,000,000, to remain available until expended. Provided , That as authorized by section 404 of the Bipartisan Budget Act of 2015 ( Public Law 114–74 ), the Secretary of the Department of Energy shall drawdown and sell not to exceed $375,400,000 of crude oil from the Strategic Petroleum Reserve in fiscal year 2017: Provided further , That the proceeds from such drawdown and sale shall be deposited into the Energy Security and Infrastructure Modernization Fund during fiscal year 2017 and shall remain available until expended for necessary expenses in carrying out construction, operations, maintenance, repair, and replacement activities of 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, $255,000,000, 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, $717,741,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $30,000,000 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, $5,400,000,000, to remain available until expended: Provided , That of such amount, $191,500,000 shall be available until September 30, 2018, for program direction. 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 ), $325,000,000, to remain available until expended: Provided , That of such amount, $29,250,000 shall be available until September 30, 2018, for program direction. Office of Indian Energy 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. ), $20,000,000, to remain available until expended: Provided , That, of the amount appropriated under this heading, $4,800,000 shall be available until September 30, 2018, for program direction. Tribal Energy Loan Guarantee Program For the cost of loan guarantees provided under section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ), $8,500,000, to remain available until expended: Provided , That the cost of those loan guarantees (including the costs of modifying loans, as applicable) shall be determined in accordance with section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ): Provided further, That, for necessary administrative expenses to carry out that program, $500,000 is appropriated, to remain available until expended: Provided further, That, 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. 16513 ), $9,000,000 is permanently canceled. 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, $37,000,000 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, 2018: 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 $37,000,000: Provided further , That fees collected pursuant to such section 1702(h) for fiscal year 2017 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, 2018. 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. ), $232,142,000, to remain available until September 30, 2018, 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 $103,000,000 in fiscal year 2017 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 2017 appropriation from the general fund estimated at not more than $129,142,000. 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, $44,424,000, to remain available until September 30, 2018. 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, $9,285,147,000, to remain available until expended: Provided , That of such amount, $106,600,000 shall be available until September 30, 2018, 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, $1,821,916,000, to remain available until expended. 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, $1,351,520,000, to remain available until expended: Provided , That of such amount, $47,100,000 shall be available until September 30, 2018, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $408,603,000, to remain available until September 30, 2018, 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, and the purchase of not to exceed one fire apparatus pumper truck, one aerial lift truck, one refuse truck, and one semi-truck for replacement only, $5,379,018,000, to remain available until expended: Provided , That of such amount $290,050,000 shall be available until September 30, 2018, for program direction. 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, $717,741,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . 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, $791,552,000, to remain available until expended: Provided , That of such amount, $258,061,000 shall be available until September 30, 2018, 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 2017, 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, $1,000,000, 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 $1,000,000 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 2017 appropriation estimated at not more than $0: Provided further , That notwithstanding 31 U.S.C. 3302 , up to $60,760,000 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, $45,643,000, 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 $34,586,000 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 2017 appropriation estimated at not more than $11,057,000: Provided further , That notwithstanding 31 U.S.C. 3302 , up to $73,000,000 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, $307,144,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $299,742,000 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 $211,563,000 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 2017 appropriation estimated at not more than $95,581,000, of which $88,179,000 is derived from the Reclamation Fund: Provided further , That notwithstanding 31 U.S.C. 3302 , up to $367,009,000 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, $4,070,000, 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 $3,838,000 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 2017 appropriation estimated at not more than $232,000: 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 2017, the Administrator of the Western Area Power Administration may accept up to $323,000 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, $346,800,000, to remain available until expended: Provided , 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) 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 Final Bill 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 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 $5,000,000 or 10 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. 302. (a) Unobligated balances available from appropriations are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) Atomic Energy Defense Activities—National Nuclear Security Administration—Weapons Activities , $50,400,000. (2) Atomic Energy Defense Activities—National Nuclear Security Administration—Defense Nuclear Nonproliferation , $14,000,000. (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 Reserve , $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 Control Act of 1985. 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 authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2017 until the enactment of the Intelligence Authorization Act for fiscal year 2017. 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 compliance with nuclear safety requirements. 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 developed for the project for that critical decision. 306. (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, 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 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; and (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. 307. (a) Not later than 30 days after the date of enactment of this Act, the Administrator of the Western 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 contracts of the Western Area Power Administration executed before or on the date of enactment of this Act. (b) A provision referred to in subsection (a) is a termination clause described in section 11 of the general power contract provisions of the Western Power Administration, effective September 1, 2007. 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, $151,000,000, 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, $31,000,000, to remain available until September 30, 2018. 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 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 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 for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities: 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, $10,000,000, 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 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, $939,000,000, 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, 2018, 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 $822,240,000 in fiscal year 2017 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 of the amounts appropriated under this heading, not less than $5,000,000 shall be for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, and $5,000,000 of that amount shall not be available from fee revenues, notwithstanding 42 U.S.C. 2214: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2017 so as to result in a final fiscal year 2017 appropriation estimated at not more than $116,760,000: Provided further , That of the amounts appropriated under this heading, not less than $543,000 shall be used to implement the requirements of the Digital Accountability and Transparency Act of 2014 ( Public Law 113–101 ; 128 Stat. 1146). 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, $12,129,000, to remain available until September 30, 2018: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,044,000 in fiscal year 2017 shall be retained and be available until September 30, 2018, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2017 so as to result in a final fiscal year 2017 appropriation estimated at not more than $2,085,000: Provided further , That of the amounts appropriated under this heading, $969,000 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, 2018. General provisions—independent agencies 401. (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 (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 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. V General provisions 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. 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 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. (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 Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2017 .

Secretary

tv_txt: I One Hundred Fourteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen H. R. 2028 AN ACT Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes.

1. Short Title This Act may be cited the Further Continuing and Security Assistance Appropriations Act, 2017 . 2. Table of Contents Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Availability of funds. Division A—Further Continuing Appropriations Act, 2017 Division B—Security Assistance Appropriations Act, 2017 Title I—Department of Defense Title II—Department of State, Foreign Operations, and Related Agencies 3. References Except as expressly provided otherwise, any reference to this Act contained in division B of this Act shall be treated as referring only to the provisions of that division. 4. Availability of Funds (a) Each amount designated in this Act, or in an amendment made by this Act, by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. (b) Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. A Further Continuing Appropriations Act, 2017 101. The Continuing Appropriations Act, 2017 (division C of Public Law 114–223 ) is amended by— (1) striking the date specified in section 106(3) and inserting April 28, 2017 ; (2) striking 0.496 percent in section 101(b) and inserting 0.1901 percent ; and (3) inserting after section 145 the following new sections: 146. Amounts made available by section 101 for Department of Agriculture—Farm Service Agency—Agricultural Credit Insurance Fund Program Account may be apportioned up to the rate for operations necessary to fund loans for which applications are approved. 147. Amounts made available by section 101 for Department of Agriculture—Food and Nutrition Service—Child Nutrition Programs to carry out section 749(g) of the Agriculture Appropriations Act of 2010 ( Public Law 111–80 ) may be apportioned up to the rate for operations necessary to ensure that the program can be fully operational by May, 2017. 148. Section 26(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g(d) ) is amended in the first sentence by striking 2010 through 2016 and inserting 2010 through 2017 . 149. Amounts made available by section 101 for Department of Agriculture—Rural Utilities Service may be transferred between appropriations under such heading as necessary for the cost of direct telecommunications loans authorized by section 305 of the Rural Electrification Act of 1936 ( 7 U.S.C. 935 ). 150. Amounts made available by Section 101 for Department of Agriculture—Rural Housing Service—Rural Housing Insurance Fund Program Account for the section 538 Guaranteed Multi-Family Housing Loan Program may be apportioned up to the rate necessary to fund loans for which applications are approved. 151. Amounts made available by section 101 for Department of Commerce—National Oceanic and Atmospheric Administration—Procurement, Acquisition and Construction may be apportioned up to the rate for operations necessary to maintain the planned launch schedules for the Joint Polar Satellite System. 152. Amounts made available by section 101 for Department of Commerce—Bureau of the Census—Periodic Censuses and Programs may be apportioned up to the rate for operations necessary to maintain the schedule and deliver the required data according to statutory deadlines in the 2020 Decennial Census Program. 153. Amounts made available by section 101 for National Aeronautics and Space Administration—Exploration may be apportioned up to the rate for operations necessary to maintain the planned launch capability schedules for the Space Launch System launch vehicle, Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle programs. 154. In addition to the amount otherwise provided by section 101, and notwithstanding section 104 and section 109, for Department of Justice—State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance , there is appropriated $7,000,000, for an additional amount for the Edward Byrne Memorial Justice Assistance Grant program for the purpose of providing reimbursement of extraordinary law enforcement overtime costs directly and solely associated with protection of the President-elect incurred from November 9, 2016 until the inauguration of the President-elect as President: Provided , That reimbursement shall be provided only for overtime costs that a State or local law enforcement agency can document as being over and above normal law enforcement operations and directly attributable to security for the President-elect. 155. Notwithstanding sections 101, 102, and 104 of this Act, from within amounts provided for Department of Defense—Procurement—Shipbuilding and Conversion, Navy , funds are provided for Ohio Replacement Submarine (AP) at a rate for operations of $773,138,000. 156. (a) Notwithstanding sections 102 and 104 of this Act, amounts made available pursuant to section 101 may be used for multiyear procurement contracts, including advance procurement, for the AH–64E Attack Helicopter and the UH–60M Black Hawk Helicopter. (b) The Secretary of the Army may exercise the authority conferred in subsection (a) notwithstanding subsection (i)(1) of section 2306b of title 10, United States Code, until the date of enactment of an Act authorizing appropriations for fiscal year 2017 for military activities of the Department of Defense, subject to satisfaction of all other requirements of such section 2306b. 157. Notwithstanding section 102, funds made available pursuant to section 101 for Department of Defense—Procurement—Aircraft Procurement, Air Force are provided for the KC–46A Tanker up to the rate for operations necessary to support the production rate specified in the President’s fiscal year 2017 budget request. 158. Notwithstanding section 101, section 301(d) of division D of Public Law 114–113 shall not apply to amounts made available by this Act for Department of Energy—Atomic Energy Defense Activities—National Nuclear Security Administration—Weapons Activities : Provided , That the Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 15 days after funds made available by this Act for such account are allotted to a Department of Energy program, project, or activity at a rate for operations that differs from that provided under such heading in division D of Public Law 114–113 by more than $5,000,000 or 10 percent. 159. 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 draw down and sell not to exceed $375,400,000 of crude oil from the Strategic Petroleum Reserve in fiscal year 2017: Provided , That the proceeds from such drawdown and sale shall be deposited into the Energy Security and Infrastructure Modernization Fund (in this section referred to as the Fund ) during fiscal year 2017: Provided further , That in addition to amounts otherwise made available by section 101, and notwithstanding section 104, any amounts deposited in the Fund shall be made available and shall remain available until expended at a rate for operations of $375,400,000, for necessary expenses in carrying out the Life Extension II project for the Strategic Petroleum Reserve. 160. (a) Notwithstanding section 101, amounts are provided for Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund at a rate for operations of $767,014,000: Provided , That such amounts may not be reprogrammed below the levels provided in the table referred to in section 301(d) of division D of Public Law 114–113 . (b) As of the date of the enactment of this section, section 123 of this Act shall not be in effect. 161. In addition to amounts provided by section 101, amounts are provided for General Services Administration—Allowances and Office Staff for Former Presidents for the pension of the outgoing President at a rate for operations of $157,000. 162. (a) Short title This section may be cited as the SOAR Funding Availability Act . (b) Requiring Use of Funds Remaining Unobligated From Previous Fiscal Years Section 3007 of the Scholarships for Opportunity and Results Act (sec. 38–1853.07, D.C. Official Code) is amended by adding at the end the following: (e) Requiring Use Of Funds Remaining Unobligated From Previous Fiscal Years (1) In general To the extent that any funds appropriated for the opportunity scholarship program under this division for any fiscal year remain available for subsequent fiscal years under section 3014(c), the Secretary shall make such funds available to eligible entities receiving grants under section 3004(a) for the uses described in paragraph (2)— (A) in the case of any remaining funds that were appropriated before the date of enactment of the SOAR Funding Availability Act, beginning on the date of enactment of such Act; and (B) in the case of any remaining funds appropriated on or after the date of enactment of such Act, by the first day of the first subsequent fiscal year. (2) Use of funds If an eligible entity to which the Secretary provided additional funds under paragraph (1) elects to use such funds during a fiscal year, the eligible entity shall use— (A) not less than 95 percent of such additional funds to provide additional scholarships for eligible students under subsection (a), or to increase the amount of the scholarships, during such year; and (B) not more than a total of 5 percent of such additional funds for administrative expenses, parental assistance, or tutoring, as described in subsections (b), (c), and (d), during such year. (3) Special rule Any amounts made available for administrative expenses, parental assistance, or tutoring under paragraph (2)(B) shall be in addition to any other amounts made available for such purposes in accordance with subsections (b), (c), and (d). . (c) Availability of funds Section 3014 of such Act (sec. 38–1853.14, D.C. Official Code) is amended by adding at the end the following: (c) Availability Amounts appropriated under subsection (a)(1), including amounts appropriated and available under such subsection before the date of enactment of the SOAR Funding Availability Act, shall remain available until expended. . (d) Effective date The amendments made by this section shall take effect on the date of enactment of this section. 163. Amounts made available by section 101 for U.S. Customs and Border Protection—Operations and Support , U.S. Immigration and Customs Enforcement—Operations and Support , Transportation Security Administration—Operations and Support , and United States Secret Service—Operations and Support accounts of the Department of Homeland Security shall be apportioned at a rate for operations as necessary, and apportioned to provide staffing levels as necessary, to ensure border security, fulfill immigration enforcement priorities, maintain aviation security activities, and carry out the mission associated with the protection of the President-elect. 164. Amounts made available by section 101 for National Gallery of Art—Salaries and Expenses may be apportioned up to the rate for operations necessary to provide for staffing, maintenance, security, and administrative expenses for the recently reopened galleries. 165. Amounts made available by section 101 for Smithsonian Institution—Salaries and Expenses may be apportioned up to the rate for operations necessary to provide for facilities maintenance, facilities operations, security, and support at the National Museum of African American History and Culture. 166. Amounts made available by section 101 for Department of Health and Human Services—Indian Health Service—Indian Health Services and for Department of Health and Human Services—Indian Health Service—Indian Health Facilities , respectively, may be apportioned up to the rate for operations necessary to provide for costs of staffing and operating newly constructed facilities. 167. Miners Health Benefits (a) In general This section may be cited as the Continued Health Benefits for Miners Act . (b) Inclusion of certain retirees in the Multiemployer Health Benefit Plan Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(h)(2)(C) ) is amended— (1) by striking A transfer and inserting the following: (i) Transfer to the Plan A transfer ; (2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; and (3) by striking the matter following such subclause (II) (as so redesignated) and inserting the following: (ii) Calculation of excess The excess determined under clause (i) shall be calculated— (I) except as provided in subclause (II), by taking into account only those beneficiaries actually enrolled in the Plan as of December 31, 2006, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and (II) for purposes of the transfer made for fiscal year 2017, as if, for the period beginning January 1, 2017, and ending April 30, 2017, only— (aa) those beneficiaries actually enrolled in the Plan as of the date of the enactment of the Continued Health Benefits for Miners Act who are eligible to receive health benefits under the Plan on January 1, 2017, other than those beneficiaries enrolled in the Plan under the terms of a participation agreement with the current or former employer of such beneficiaries; and (bb) those beneficiaries whose health benefits, defined as those benefits payable directly following death or retirement or upon a finding of disability by an employer in the bituminous coal industry under a coal wage agreement (as defined in section 9701(b)(1) of the Internal Revenue Code of 1986), would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015, were taken into account, and for any other period during such fiscal year, only the beneficiaries described in subclause (I) were taken into account. (iii) Eligibility of certain retirees Individuals referred to in clause (ii)(II)(bb) shall be treated as eligible to receive health benefits under the Plan for the plan year that includes January 1, 2017. (iv) Requirements for transfer The amount of the transfer otherwise determined under this subparagraph for fiscal year 2017 shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees' beneficiary association established as a result of a bankruptcy proceeding described in clause (ii)(II). (v) VEBA transfer The administrator of such voluntary employees’ beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association. . (c) Preservation of payments to States and Indian tribes Subparagraph (B) of section 402(i)(3) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(i)(3) ) is amended— (1) by striking so that and inserting under paragraph (1) so that ; (2) by striking each transfer in clause (i) and inserting each such transfer ; and (3) by striking this subsection in clause (iii) and inserting paragraph (1) . (d) Budgetary effects (1) Statutory PAYGO Scorecards The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (2) Senate PAYGO Scorecards The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). (3) Classification of Budgetary Effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated— (A) for purposes of section 251 of such Act; and (B) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. 168. Notwithstanding section 111, the fourth proviso under the heading Department of Labor—Office of Workers’ Compensation Programs—Special Benefits shall be applied by substituting $66,675,000 for $62,170,000 , $22,740,000 for $21,140,000 , $16,866,000 for $16,668,000 and $4,101,000 for $1,394,000 . 169. Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) ) shall be applied by substituting 2017 for 2016 . 170. (a) Notwithstanding any other provision of law, the Secretary of Health and Human Services (referred to in this section as the Secretary ) may transfer up to $300,000,000 from the Fund established by section 223 of the Department of Health and Human Services Appropriations Act, 2008 ( 42 U.S.C. 3514a ) to Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance only for activities authorized under section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ): Provided , That such funds transferred shall not be available for obligation prior to February 1, 2017. (b) In addition to amounts provided by subsection (a), if after March 1, 2017, and before the date specified in section 106(3), the Secretary, in consultation with the Secretary of Homeland Security, determines that the percentage increase in the cumulative number of cases transferred to the custody of the Secretary pursuant to such sections 462 and 235 for the current fiscal year over the number transferred through the comparable date in the previous fiscal year exceeds 40 percent, an amount not to exceed $200,000,000 may be made available to Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance only for activities authorized under such sections 462 and 235. (c) The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any funds being made available under subsection (a). (d) Of the unobligated balances available in the Fund established by section 223 of the Department of Health and Human Services Appropriations Act, 2008 ( 42 U.S.C. 3514a ), $100,000,000 is hereby rescinded. 171. Notwithstanding any other provision of this Act, within 10 days of the enactment of this section, the Secretary of Health and Human Services shall transfer funds appropriated for fiscal year 2017 under section 4002 of Public Law 111–148 ( 42 U.S.C. 300u–11 ) to the accounts specified, in the amounts specified, and for the activities specified in subsection (a) of section 221 of division H of Public Law 114–113 , except that the Secretary shall adjust the amounts transferred to the Centers for Disease Control and Prevention under this section to result in a total amount transferred to such agency under this section that is $1,000,000 less than the total amount transferred to such agency under such section 221: Provided , That subsections (b) and (c) of such section 221 shall apply to amounts transferred under this section. 172. The fifth proviso under the heading Social Security Administration—Limitation on Administrative Expenses in division H of Public Law 114–113 shall be applied during the period covered by this Act by substituting shall be used for activities to address the hearing backlog within the Office of Disability Adjudication and Review for shall be for necessary expenses for the renovation and modernization of the Arthur J. Altmeyer Building . 173. Activities authorized under part A of title IV and section 1108(b) of the Social Security Act (except for activities authorized in section 403(b)) shall continue through the date specified in section 106(3) of this Act in the manner authorized for fiscal year 2016, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. 174. The Secretary of Health and Human Services may use discretionary amounts appropriated in this Act for the Department of Health and Human Services to carry out section 399V–6 of the Public Health Service Act ( 42 U.S.C. 280g–17 ). 175. Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) (relating to cost of living adjustments for Members of Congress) during fiscal year 2017. 176. Transfer of O’Neill Building to House of Representatives (a) Transfer Effective upon the expiration of the 180-day period that begins on the date of the enactment of this section— (1) the building described in subsection (e) shall become an office building of the House of Representatives; (2) the Administrator of General Services shall transfer custody, control, and administrative jurisdiction over the building to the Architect of the Capitol; and (3) the Architect of the Capitol shall exercise custody, control, and administrative jurisdiction over the building subject to the direction of the House Office Building Commission. (b) Treatment as House Office Building and part of Capitol Grounds Upon the transfer of custody, control, and administrative jurisdiction under subsection (a), the building and grounds described in subsection (e) shall be treated as a House Office Building and as part of the United States Capitol Grounds for purposes of all laws, rules, and regulations applicable to the House Office Buildings and the Capitol Grounds, including— (1) chapter 51 of title 40, United States Code (relating to the administration of the United States Capitol Buildings and Grounds); and (2) section 9 of the Act entitled An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes , approved July 31, 1946 ( 2 U.S.C. 1961 ) (relating to the authority of the United States Capitol Police to police the United States Capitol Buildings and Grounds). (c) Authority of Architect of the Capitol to enter into leases and other agreements with Federal departments and agencies for use of building (1) Authority described The Architect of the Capitol is authorized to enter into leases and other agreements with departments and agencies of the Federal Government for the use of the building described in subsection (e) (or portions thereof), subject to the approval of the House Office Building Commission. (2) Collection of payments Pursuant to a lease or other agreement entered into between the Architect of the Capitol and a department or agency of the Federal Government under the authority described in paragraph (1), the Architect of the Capitol is authorized to collect payments from such department or agency and such department or agency is authorized to make payments to the Architect of the Capitol, including payments of commercially-equivalent rent. (3) Treatment of payments Any payments received by the Architect of the Capitol pursuant to any lease or other agreement entered into under this subsection shall be deposited to the appropriation available to the Architect of the Capitol from the House Office Buildings Fund established under subsection (d) and shall be subject to future appropriation. (d) House Office Buildings Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the House Office Buildings Fund (hereafter in this section referred to as the Fund ). (2) Contents of Fund The Fund shall consist of the following amounts: (A) Amounts transferred by the Architect of the Capitol under paragraph (3) of subsection (c). (B) Interest earned on the balance of the Fund. (C) Such other amounts as may be appropriated by law. (3) Use of Fund Amounts in the Fund shall be available to the Architect of the Capitol for the maintenance, care, and operation of the House office buildings, and may be used to reimburse the United States Capitol Police, the House of Representatives, or any other office of the legislative branch which provides goods or services for the maintenance, care, and operation of the building and grounds described in subsection (e), in such amounts as may be appropriated under law. (4) Notification to Committee on Appropriations Upon making any obligation or expenditure of any amount in the Fund, the Architect of the Capitol shall notify the Committee on Appropriations of the House of Representatives of the amount and purpose of the obligation or expenditure. (5) Continuing availability of funds Amounts in the Fund are available without regard to fiscal year limitation. (e) Description of Building and Grounds (1) Description The building and grounds described in this subsection is the Federal building located in the District of Columbia which is commonly known as the Thomas P. O’Neill Jr. Federal Building , and which is more particularly described as follows: Square 579, Lot 827, at 200 C Street Southwest, bounded by C Street Southwest on the north, by 2nd Street Southwest on the east, by D Street Southwest on the south, and by 3rd Street Southwest on the west, and by all that area contiguous to and surrounding Square 579 from the property line thereof to the west curb of 3rd Street Southwest, the north curb of C Street Southwest, the east curb of 2nd Street Southwest, and the south curb of D Street Southwest. (2) Retention of responsibilities of District of Columbia The Mayor of the District of Columbia will retain responsibility for the maintenance and improvement of those portions of the streets which are situated between the curb lines of the streets referenced in paragraph (1). 177. (a) During the 115th Congress— (1) amounts made available for the Office of the Secretary of the Conference of the Minority of the Senate shall be available for the Office of the Assistant Minority Leader of the Senate; and (2) the duties and authorities of the Secretary of the Conference of the Minority of the Senate under section 3 of title I of division H of the Consolidated Appropriations Act, 2008 ( 2 U.S.C. 6154 ), section 101 of chapter VIII of title I of the Supplemental Appropriations Act, 1979 ( 2 U.S.C. 6156 ), or any other provision of law shall be duties and authorities of the Assistant Minority Leader of the Senate. (b) For purposes of any individual employed by the Office of the Assistant Minority Leader of the Senate during the 115th Congress— (1) section 506(e) of the Supplemental Appropriations Act, 1973 ( 2 U.S.C. 6314(e) ) shall be applied by substituting Assistant Minority Leader for Secretary of the Conference of the Minority ; (2) section 207(e)(9)(M) of title 18, United States Code, shall be applied by substituting Assistant Minority Leader for secretary of the Conference of the Minority ; and (3) subsection (b) of the first section of S. Res. 458 (98th Congress) shall be applied by substituting Assistant Minority Leader for Secretary of the Conference of the Minority . (c) For purposes of any individual employed by the Office of the Assistant Minority Leader of the Senate during the 115th Congress, with respect to any practice that occurs during that Congress, section 220(e)(2)(C) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1351(e)(2)(C) ) shall be applied by substituting the Office of the Assistant Minority Leader of the Senate for the Office of the Secretary of the Conference of the Minority of the Senate . (d) Nothing in this section shall be construed to have any effect on the continuation of any procedure or action initiated under the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) or section 207 of title 18, United States Code. 178. Section 21(d) of Senate Resolution 64 of the One Hundred Thirteenth Congress, 1st session (agreed to on March 5, 2013) is amended by striking December 31, 2016 and inserting December 31, 2018 . 179. Expedited consideration of certain legislation (a) Qualifying legislation defined In this section, the term qualifying legislation means a Senate bill or joint resolution— (1) that is introduced in the Senate during the 30-calendar day period beginning on the date on which Congress convenes the First Session of the 115th Congress; (2) the title of which is as follows: To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. ; and (3) the matter after the enacting or resolving clause of which is as follows: 1. Exception to limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as regular commissioned officers of the Armed Forces (a) In general Notwithstanding the second sentence of section 113(a) of title 10, United States Code, the first person appointed, by and with the advice and consent of the Senate, as Secretary of Defense after the date of the enactment of this Act may be a person who is, on the date of appointment, within seven years after relief, but not within three years after relief, from active duty as a commissioned officer of a regular component of the Armed Forces. (b) Limited exception This section applies only to the first person appointed as Secretary of Defense as described in subsection (a) after the date of the enactment of this Act, and to no other person. . (b) Introduction During the 30-calendar day period described in subsection (a)(1), qualifying legislation may be introduced in the Senate by the Majority Leader (or the Majority Leader’s designee), the Minority Leader (or the Minority Leader’s designee), the Chairman of the Committee on Armed Services, or the Ranking Minority Member of the Committee on Armed Services. (c) Consideration in the Senate (1) Committee referral Qualifying legislation introduced in the Senate shall be referred to the Committee on Armed Services. (2) Reporting and discharge If the Committee on Armed Services has not reported the qualifying legislation within 5 session days after the date of referral of the legislation, the Committee shall be discharged from further consideration of the legislation, and the qualifying legislation shall be placed on the appropriate calendar. (3) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Armed Serves reports the qualifying legislation to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the qualifying legislation, and all points of order against the qualifying legislation (and against consideration of the qualifying legislation) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the qualifying legislation is agreed to, the qualifying legislation shall remain the unfinished business until disposed of. (4) Consideration Consideration of the qualifying legislation, and all debate, debatable motions, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between, and controlled by, the Majority Leader and the Minority Leader or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the qualifying legislation is not in order. (5) Vote on passage The vote on passage shall occur immediately following the conclusion of the debate on the qualifying legislation and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. Passage of the qualifying legislation shall require an affirmative vote of three-fifths of the Members, duly chosen and sworn. (6) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to qualifying legislation shall be decided without debate. (7) Consideration of veto messages Consideration in the Senate of any veto message with respect to the qualifying legislation, including all debate, debatable motions, and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the Majority Leader and the Minority Leader or their designees. (d) Rules of the Senate This section is enacted— (1) as an exercise of the rulemaking power of the Senate and as such is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of qualifying legislation described in subsection (a), and supersedes other rules only to the extent that this section is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. 180. Section 133 of division L, title I of the Consolidated Appropriations Act, 2016, Public Law 114–113 , is amended to read as follows: (a) None of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement, administer, or enforce the requirement for two off-duty periods from 1:00 a.m. to 5:00 a.m. under paragraph 395.3(c) or the restriction on use of more than one restart during a 168-hour period under paragraph 395.3(d) of title 49, Code of Federal Regulations, and those provisions shall have no force or effect upon submission of the final report issued by the Secretary of Transportation, as required by section 133 of division K of Public Law 113–235 , unless the Secretary and the Inspector General of the Department of Transportation each review and determine that the final report. (1) meets the statutory requirements set forth in such section; and (2) establishes that commercial motor vehicle drivers who operated under the restart provisions in operational effect between July 1, 2013, and the day before the date of enactment of such Public Law demonstrated statistically significant improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules, in comparison to commercial motor vehicle drivers who operated under the restart provisions in operational effect on June 30, 2013. (b) If the Secretary and the Inspector General do not each make the findings outlined in subsection (a) of this section with respect to the final report, hereafter, the 34-hour restart rule in operational effect on June 30, 2013 shall be restored to full force and effect on the date that the Secretary submits the final report to the Committees on Appropriations of the House of Representatives and the Senate, and funds appropriated or otherwise made available by this Act or any other Act shall be available to implement, administer, or enforce the rule. . 181. (a) Funds made available by section 101 for Department of Transportation—Federal Aviation Administration—Operations may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded by this appropriation. (b) Notwithstanding section 101, the matter preceding the first proviso under the heading Department of Transportation—Federal Aviation Administration—Facilities and Equipment in division L of Public Law 114–113 shall be applied by substituting $479,412,000 for $470,049,000 and $2,375,588,000 for $2,384,951,000 . 182. (a) Amounts available under section 101 for Department of Transportation—Maritime Administration—Operations and Training for facilities maintenance and repair, equipment, and capital improvements at the United States Merchant Marine Academy, and any available prior year balances for the Student Incentive Program at State Maritime Academies may, either in whole or part, be used for costs associated with the midshipmen Sea Year training program of the Academy without regard to any limitations on reprogramming or transfer under division L of Public Law 114–113 or otherwise applicable under a provision of this Act. (b) The matter under the heading Department of Transportation—Maritime Administration—Operations and Training in division L of Public Law 114–113 is amended by striking the third proviso (relating to an Academy spending plan). 183. Amounts made available by section 101 for Department of Housing and Urban Development—Public and Indian Housing—Tenant-Based Rental Assistance may be apportioned up to the rate for operations necessary to renew grants for rental assistance and administrative costs that were provided pursuant to the third through tenth provisos of paragraph (5) under such heading in title II of division K of Public Law 113–235 (128 Stat. 2732). 184. Notwithstanding any other provision of law, if not later than 10 days after the end of the Second Session of the 114th Congress, the Office of Management and Budget ( OMB ) determines that the total of enacted appropriations for fiscal year 2017 subject to the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, excluding any appropriations that would result in adjustments under section 251(b)(2) of such Act, does not exceed the sum of the unadjusted discretionary spending limits for fiscal year 2017 in section 251(c)(4) of such Act and provides written notification of that determination, then the final sequestration report for fiscal year 2017 under section 254(f)(1) of such Act and any order for fiscal year 2017 under section 254(f)(5) of such Act shall be issued, for the Congressional Budget Office, 10 days after the date specified in section 106(3) of this Act and, for OMB, 15 days after the date specified in section 106(3) of this Act: Provided , That the written notification required by this section shall include the total dollar amount and estimated uniform percentage that would be required to eliminate a breach within a category if OMB were to issue such final sequestration report and order pursuant to the timetable in section 254(a) of such Act. 185. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101 for the Emergency Watershed Protection Program , there is appropriated $103,140,000 for an additional amount for fiscal year 2017, to remain available until expended, and for the Emergency Conservation Program , there is appropriated $102,978,524 for an additional amount for fiscal year 2017, to remain available until expended: Provided , That all amounts made available by this section are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 186. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $74,700,000 for an additional amount for fiscal year 2017, to remain available until expended, for National Aeronautics and Space Administration—Construction and Environmental Compliance and Restoration for repairs at National Aeronautics and Space Administration facilities damaged by Hurricane Matthew: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 187. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $54,827,000 for Corps of Engineers-Civil—Construction for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses to address emergency situations at Corps of Engineers projects, and to rehabilitate and repair damages to Corps of Engineers projects, caused by natural disasters: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 188. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $290,708,000 for Corps of Engineers-Civil—Mississippi River and Tributaries for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 189. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $259,574,000 for Corps of Engineers-Civil—Operation and Maintenance for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 190. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $419,891,000 for Corps of Engineers-Civil—Flood Control and Coastal Emergencies , as authorized by section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses 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: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 191. Notwithstanding any other provision of this Act, and in addition to any amount otherwise provided by section 101 for the Emergency Relief Program , as authorized by section 125 of title 23, United States Code, there is appropriated $1,004,017,000 for fiscal year 2017, to remain available until expended: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 192. (a) Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101 for Department of Housing and Urban Development—Community Planning and Development—Community Development Fund , there is appropriated $1,808,976,000 for an additional amount for fiscal year 2017, to remain available until expended, that is identical to the additional appropriation for fiscal year 2016 in section 145(a) of this Act (except that enactment of this Act shall be treated as referring to enactment of this section, and except for the last proviso under such subsection), and with respect to which the same authority and conditions shall be in effect: Provided , That of the amount made available by this subsection, $1,416,000,000 is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and $392,976,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Of the amounts made available by subsection (a) and designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, up to $3,000,000 may be transferred, in aggregate, to Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts in section 145 and all amounts in this section. 193. Notwithstanding any other provision of this Act, and in addition to amounts otherwise provided by section 101, an additional amount for fiscal year 2017 of $20,000,000, to remain available until expended, is provided for Department of Health and Human Services—Food and Drug Administration-FDA Innovation Account (in this section referred to as the Account ): Provided , That such amounts are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1002(b)(2)(A) of such Act, are for the necessary expenses to carry out the purposes described under section 1002(b)(4) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses solely for the purposes provided in such Act: Provided further , That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That this transfer authority is in addition to any other transfer authority provided by law. 194. Notwithstanding any other provision of this Act, and in addition to amounts otherwise provided by section 101, an additional amount for fiscal year 2017 of $352,000,000, to remain available until expended, is provided for Department of Health and Human Services—National Institutes of Health—NIH Innovation Account (in this section referred to as the Account ): Provided , That such amounts are appropriated pursuant to section 1001(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, are for the necessary expenses to carry out the purposes described in section 1001(b)(4) of such Act and in the amounts provided for fiscal year 2017 in such section 1001(b)(4), and may be transferred by the Director of the National Institutes of Health to other accounts of the National Institutes of Health solely for the purposes provided in such Act: Provided further , That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That this transfer authority is in addition to any other transfer authority provided by law. 195. Notwithstanding any other provision of this Act, and in addition to amounts otherwise provided by section 101, an additional amount for fiscal year 2017 of $500,000,000, to remain available until expended, is provided for Department of Health and Human Services—Office of the Secretary—Account For the State Response to the Opioid Abuse Crisis (in this section referred to as the Account ): Provided , That such amounts are appropriated pursuant to section 1003(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1003(b)(2)(A) of such Act, are for the necessary expenses to carry out the purposes described under section 1003(c) of such Act, and may be transferred by the Secretary of Health and Human Services to other accounts of the Department solely for the purposes provided in such Act: Provided further , That upon a determination by the Secretary that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That this transfer authority is in addition to any other transfer authority provided by law. 196. (a) Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Environmental Protection Agency—State and Tribal Assistance Grants , there is appropriated $100,000,000 for an additional amount for fiscal year 2017, to remain available until expended, for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act pursuant to section 2201 of the Water and Waste Act of 2016. (b) The last proviso of paragraph (1) under the heading Environmental Protection Agency—State and Tribal Assistance Grants in division G of Public Law 114–113 shall be applied to amounts made available by this section by substituting for only where such debt was incurred on or after the date of enactment of this Act the following: where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further , That in a State in which such an emergency declaration has been issued, the State may use more than 20 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients . 197. (a) Notwithstanding any other provision of this Act, there is provided for Environmental Protection Agency—Water Infrastructure Finance and Innovation Program Account for the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 et seq. ), $20,000,000, to remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $2,073,000,000. (b) In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3908 and 3909) shall be credited to the appropriation made by this section to remain available until expended. (c) Of the amounts provided under subsection (a), not to exceed $3,000,000 shall be for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3912 ). 198. Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health , for carrying out section 2203 of the Water and Waste Act of 2016, there is appropriated $20,000,000, to remain available until September 30, 2020, of which $17,500,000 shall be for carrying out section 2203(b) of the Water and Waste Act of 2016 and $2,500,000 shall be for carrying out section 2203(c) of the Water and Waste Act of 2016: Provided , That such funds may be made available to the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention, at the discretion of the Secretary of Health and Human Services, for carrying out such sections of the Water and Waste Act of 2016. 199. Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health , for carrying out section 2204(a) of the Water and Waste Act of 2016, there is appropriated $15,000,000, to remain available until September 30, 2018, for childhood lead poisoning prevention programs authorized under section 317A of the Public Health Service Act ( 42 U.S.C. 247b–1 ). 200. Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Department of Health and Human Services—Health Resources and Services Administration—Maternal and Child Health , for carrying out section 2204(b) of the Water and Waste Act of 2016, there is appropriated $15,000,000, to remain available until September 30, 2018, for the Healthy Start Initiative authorized under section 330H of the Public Health Service Act ( 42 U.S.C. 254c–8 ). 201. (a) Of any available amounts appropriated under section 301(b)(3) of Public Law 114–10 , $170,000,000 is rescinded immediately upon enactment of this section. (b) In the Senate, the budgetary effects of this section shall not count for purposes of the amount in section 3103(b)(3) of the concurrent resolution on the budget for fiscal year 2016 (S. Con. Res. 11) when determining points of order pursuant to section 3103(b)(1) of that section of that concurrent resolution. . This division may be cited as the Further Continuing Appropriations Act, 2017 . B Security Assistance Appropriations Act, 2017 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2017, and for other purposes, namely: I Department of Defense Military Personnel Military Personnel, Army For an additional amount for Military Personnel, Army , $196,964,000, of which $94,034,000 is to support counter-terrorism operations and $102,930,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Navy For an additional amount for Military Personnel, Navy , $10,484,000, of which $7,354,000 is to support counter-terrorism operations and $3,130,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Marine Corps For an additional amount for Military Personnel, Marine Corps , $5,840,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Air Force For an additional amount for Military Personnel, Air Force , $51,830,000, of which $37,640,000 is to support counter-terrorism operations and $14,190,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance Operation and Maintenance, Army For an additional amount for Operation and Maintenance, Army , $3,173,679,000, of which $2,734,952,000 is to support counter-terrorism operations and $438,727,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $97,881,000, of which $95,531,000 is to support counter-terrorism operations and $2,350,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Marine Corps For an additional amount for Operation and Maintenance, Marine Corps , $180,546,000, of which $168,446,000 is to support counter-terrorism operations and $12,100,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $428,046,000, of which $382,496,000 is to support counter-terrorism operations and $45,550,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $446,283,000, of which $412,959,000 is to support counter-terrorism operations and $33,324,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Iraq Train and Equip Fund For an additional amount for Iraq Train and Equip Fund , $289,500,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement Missile Procurement, Army For an additional amount for Missile Procurement, Army , $229,100,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Army For an additional amount for Other Procurement, Army , $72,000,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of Ammunition, Air Force For an additional amount for Procurement of Ammunition, Air Force , $201,563,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Missile Procurement, Air Force For an additional amount for Missile Procurement, Air Force , $83,900,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Air Force For an additional amount for Other Procurement, Air Force , $137,884,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Army For an additional amount for Research, Development, Test and Evaluation, Army , $78,700,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $3,000,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Department of Defense Programs Joint Improvised Explosive Device Defeat Fund For an additional amount for Joint Improvised Explosive Device Defeat Fund , $87,800,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of State, Foreign Operations, and Related Programs department of state administration of foreign affairs diplomatic and consular programs For an additional amount for Diplomatic and Consular Programs , $1,052,400,000 to remain available until September 30, 2018, of which $927,189,000 is for Worldwide Security Protection and shall remain available until expended: Provided , That such funds are for operational and security requirements to support activities to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism in Africa, Europe and Eurasia, the Middle East, and South and Central Asia, and to counter Russian influence: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. office of inspector general For an additional amount for Office of Inspector General , $2,500,000, to remain available until September 30, 2018: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. embassy security, construction, and maintenance For an additional amount for Embassy Security, Construction, and Maintenance , $654,411,000, to remain available until expended, for construction of, and security enhancements for, United States diplomatic facilities in Africa, Europe and Eurasia, the Middle East, and South and Central Asia, of which $618,411,000 is for Worldwide Security Upgrades: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. united states agency for international development funds appropriated to the president operating expenses For an additional amount for Operating Expenses , $5,000,000, to remain available until September 30, 2018, for operational and security requirements to support activities to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism in Africa, Europe and Eurasia, the Middle East, and South and Central Asia: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. capital investment fund For an additional amount for Capital Investment Fund , $25,000,000, to remain available until expended, for the Capital Security Cost Sharing Program: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of Inspector General For an additional amount for Office of Inspector General , $2,500,000, to remain available until September 30, 2018: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. bilateral economic assistance funds appropriated to the president international disaster assistance For an additional amount for International Disaster Assistance , $616,100,000, to remain available until expended, for international disaster relief, rehabilitation, and reconstruction assistance, including in Africa, Europe and Eurasia, the Middle East, and South and Central Asia: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. transition initiatives For an additional amount for Transition Initiatives , $50,234,000, to remain available until expended, for programs to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism, and address the needs of populations impacted by such organizations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. economic support fund For an additional amount for Economic Support Fund , $1,030,555,000, to remain available until September 30, 2018, for programs to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism, and address the needs of populations impacted by such organizations: Provided , That funds appropriated under this heading shall be made available for programs that include activities to document, investigate, and prosecute genocide, crimes against humanity, war crimes, and other human rights violations in Iraq and Syria, including to build capacity of Syrian and Iraqi investigators; atrocity prevention, transitional justice, reconciliation, and reintegration programs for vulnerable and persecuted minorities and ethnic groups in the Middle East and North Africa; and support for higher education institutions in Iraq: Provided further , That such funds shall also be made available for assistance for major non-North Atlantic Treaty Organization allies in the Middle East and North Africa, including Jordan and Tunisia: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. assistance for europe, eurasia and central asia For an additional amount for Assistance for Europe, Eurasia and Central Asia , $157,000,000, to remain available until September 30, 2018, for programs to counter Russian influence: Provided , That funds appropriated under this heading shall be made available for assistance for Ukraine, Georgia, and other countries affected by Russian aggression: Provided further , That of the funds appropriated under this heading, up to $6,000,000 may be transferred to, and merged with, funds appropriated under the heading Broadcasting Board of Governors—International Broadcasting Operations for programs to counter Russian influence: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. department of state migration and refugee assistance For an additional amount for Migration and Refugee Assistance , $300,000,000, to remain available until expended, to respond to refugee and migration crises, including in Africa, Europe and Eurasia, the Middle East, and South and Central Asia, except that such funds shall not be made available for the resettlement costs of refugees in the United States: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. international security assistance department of state international narcotics control and law enforcement For an additional amount for International Narcotics Control and Law Enforcement , $26,300,000, to remain available until September 30, 2018, for programs in Africa, Europe and Eurasia, and the Middle East: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. nonproliferation, anti-terrorism, demining and related programs For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs , $128,000,000, to remain available until September 30, 2018, for anti-terrorism, demining and related programs and activities in Africa and the Middle East: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. peacekeeping operations For an additional amount for Peacekeeping Operations , $50,000,000, to remain available until September 30, 2018, for equipment, training, logistics, and related support for peacekeeping, stabilization, and counter-terrorism programs in Africa and the Middle East: Provided , That funds appropriated under this heading may be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. funds appropriated to the president foreign military financing program For an additional amount for Foreign Military Financing Program , $200,000,000, to remain available until September 30, 2018, for assistance for countries in Africa, Europe and Eurasia, and the Middle East: Provided , That funds appropriated under this heading shall be made available for assistance for Ukraine, Georgia, the Baltic states, Tunisia, and Jordan: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. general provisions extension of authorities and conditions 201. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2017. notification requirement 202. Funds appropriated by this title shall not be available for obligation unless the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, has notified the Committees on Appropriations in writing at least 15 days in advance of such obligation: Provided , That the requirement of this section shall not apply to funds made available by this title under the headings Department of State—Administration of Foreign Affairs—Office of Inspector General , United States Agency for International Development—Funds Appropriated to the President—Office of Inspector General , Bilateral Economic Assistance—Funds Appropriated to the President—International Disaster Assistance , and Bilateral Economic Assistance—Department of State—Migration and Refugee Assistance . transfer authority 203. (a) Funds appropriated by this title under the headings Diplomatic and Consular Programs , including for Worldwide Security Protection, and Embassy Security, Construction, and Maintenance may be transferred to, and merged with, funds appropriated by this title under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements. (b) Funds appropriated by this title under the headings International Disaster Assistance and Migration and Refugee Assistance may be transferred to, and merged with, funds appropriated by this title under such headings. (c) Funds appropriated by this title under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia may be transferred to, and merged with, funds appropriated by this title under the heading International Disaster Assistance . (d) Funds appropriated by this title under the headings International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , Peacekeeping Operations , and Foreign Military Financing Program may be transferred to, and merged with, funds appropriated by this title under such headings. (e) The transfer authority provided by this section shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided , That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law. consolidated reporting requirement 204. Not later than 45 days after enactment of this Act and prior to the initial obligation of funds made available by this title, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a consolidated report to the Committees on Appropriations on the anticipated uses of such funds on a country and project basis for which the obligation of funds is anticipated, including estimated personnel and administrative costs: Provided , That such report shall be updated and submitted to such Committees every 60 days until September 30, 2018, and every 180 days thereafter until all funds have been expended: Provided further , That funds appropriated by this title under the headings International Disaster Assistance and Migration and Refugee Assistance may be obligated prior to submission of the report required by this section. loan authority 205. (a) Funds appropriated by this title under the heading Economic Support Fund and in prior Acts making appropriations for the Department of State, foreign operations, and related programs under such heading may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Iraq, which are authorized to be provided: Provided , That amounts made available under this subsection for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country: Provided further , That the Secretary of State should obtain a commitment from the Government of Iraq that such government will make available the proceeds of such financing to regions and governorates, including the Kurdistan Region of Iraq, in a manner consistent with the principles of equitable share of national revenues contained in clause Third of Article 121 of the Constitution of Iraq: Provided further , That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that any such notification shall include a detailed summary of the terms and conditions of such financing and an assessment of the extent to which the proposed financing agreement between the Governments of the United States and Iraq supports the constitutional principles of equitable share of national revenues to regions and governorates, including the Kurdistan Region of Iraq. (b) Notwithstanding any provision of this Act, the authority provided by section 1101 of division O of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ) shall continue in effect through fiscal year 2017: Provided , That any notification submitted pursuant to such section shall include a detailed summary of the terms and conditions of such loan and an assessment of the extent to which use of the proposed loan proceeds would place special emphasis on the Kurdish Peshmerga, Sunni tribal security forces, or other local security forces, with a national security mission. (c) Funds made available pursuant to this section and section 7034(o)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114–113 ) from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. personal services contracts 206. Funds appropriated by this title to support counter-terrorism and countering violent extremism programs, including activities to counter the Islamic State of Iraq and the Levant, may be used to enter into contracts with individuals for the provision of personal services (as described in section 37.104 of title 48, Code of Federal Regulations (48 CFR 37.104)) in the United States or abroad: Provided , That such individuals may not be deemed employees of the United States for the purposes of any law administered by the Office of Personnel Management: Provided further , That the authority made available pursuant to this section shall expire on September 30, 2018. This division may be cited as the Security Assistance Appropriations Act, 2017 .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: 114th CONGRESS 2d Session In the House of Representatives, U. S., December 8, 2016 HOUSE AMENDMENT TO SENATE AMENDMENT:

That the House agree to the amendment of the Senate to the bill (H.R. 2028) entitled An Act making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016, and for other purposes. , with the following In lieu of the matter proposed to be inserted by the Senate, insert the following: 1. Short Title This Act may be cited the Further Continuing and Security Assistance Appropriations Act, 2017 . 2. Table of Contents Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Availability of funds. Division A—Further Continuing Appropriations Act, 2017 Division B—Security Assistance Appropriations Act, 2017 Title I—Department of Defense Title II—Department of State, Foreign Operations, and Related Agencies 3. References Except as expressly provided otherwise, any reference to this Act contained in division B of this Act shall be treated as referring only to the provisions of that division. 4. Availability of Funds (a) Each amount designated in this Act, or in an amendment made by this Act, by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. (b) Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. A Further Continuing Appropriations Act, 2017 101. The Continuing Appropriations Act, 2017 (division C of Public Law 114–223 ) is amended by— (1) striking the date specified in section 106(3) and inserting April 28, 2017 ; (2) striking 0.496 percent in section 101(b) and inserting 0.1901 percent ; and (3) inserting after section 145 the following new sections: 146. Amounts made available by section 101 for Department of Agriculture—Farm Service Agency—Agricultural Credit Insurance Fund Program Account may be apportioned up to the rate for operations necessary to fund loans for which applications are approved. 147. Amounts made available by section 101 for Department of Agriculture—Food and Nutrition Service—Child Nutrition Programs to carry out section 749(g) of the Agriculture Appropriations Act of 2010 ( Public Law 111–80 ) may be apportioned up to the rate for operations necessary to ensure that the program can be fully operational by May, 2017. 148. Section 26(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g(d) ) is amended in the first sentence by striking 2010 through 2016 and inserting 2010 through 2017 . 149. Amounts made available by section 101 for Department of Agriculture—Rural Utilities Service may be transferred between appropriations under such heading as necessary for the cost of direct telecommunications loans authorized by section 305 of the Rural Electrification Act of 1936 ( 7 U.S.C. 935 ). 150. Amounts made available by Section 101 for Department of Agriculture—Rural Housing Service—Rural Housing Insurance Fund Program Account for the section 538 Guaranteed Multi-Family Housing Loan Program may be apportioned up to the rate necessary to fund loans for which applications are approved. 151. Amounts made available by section 101 for Department of Commerce—National Oceanic and Atmospheric Administration—Procurement, Acquisition and Construction may be apportioned up to the rate for operations necessary to maintain the planned launch schedules for the Joint Polar Satellite System. 152. Amounts made available by section 101 for Department of Commerce—Bureau of the Census—Periodic Censuses and Programs may be apportioned up to the rate for operations necessary to maintain the schedule and deliver the required data according to statutory deadlines in the 2020 Decennial Census Program. 153. Amounts made available by section 101 for National Aeronautics and Space Administration—Exploration may be apportioned up to the rate for operations necessary to maintain the planned launch capability schedules for the Space Launch System launch vehicle, Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle programs. 154. In addition to the amount otherwise provided by section 101, and notwithstanding section 104 and section 109, for Department of Justice—State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance , there is appropriated $7,000,000, for an additional amount for the Edward Byrne Memorial Justice Assistance Grant program for the purpose of providing reimbursement of extraordinary law enforcement overtime costs directly and solely associated with protection of the President-elect incurred from November 9, 2016 until the inauguration of the President-elect as President: Provided , That reimbursement shall be provided only for overtime costs that a State or local law enforcement agency can document as being over and above normal law enforcement operations and directly attributable to security for the President-elect. 155. Notwithstanding sections 101, 102, and 104 of this Act, from within amounts provided for Department of Defense—Procurement—Shipbuilding and Conversion, Navy , funds are provided for Ohio Replacement Submarine (AP) at a rate for operations of $773,138,000. 156. (a) Notwithstanding sections 102 and 104 of this Act, amounts made available pursuant to section 101 may be used for multiyear procurement contracts, including advance procurement, for the AH–64E Attack Helicopter and the UH–60M Black Hawk Helicopter. (b) The Secretary of the Army may exercise the authority conferred in subsection (a) notwithstanding subsection (i)(1) of section 2306b of title 10, United States Code, until the date of enactment of an Act authorizing appropriations for fiscal year 2017 for military activities of the Department of Defense, subject to satisfaction of all other requirements of such section 2306b. 157. Notwithstanding section 102, funds made available pursuant to section 101 for Department of Defense—Procurement—Aircraft Procurement, Air Force are provided for the KC–46A Tanker up to the rate for operations necessary to support the production rate specified in the President’s fiscal year 2017 budget request. 158. Notwithstanding section 101, section 301(d) of division D of Public Law 114–113 shall not apply to amounts made available by this Act for Department of Energy—Atomic Energy Defense Activities—National Nuclear Security Administration—Weapons Activities : Provided , That the Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 15 days after funds made available by this Act for such account are allotted to a Department of Energy program, project, or activity at a rate for operations that differs from that provided under such heading in division D of Public Law 114–113 by more than $5,000,000 or 10 percent. 159. 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 draw down and sell not to exceed $375,400,000 of crude oil from the Strategic Petroleum Reserve in fiscal year 2017: Provided , That the proceeds from such drawdown and sale shall be deposited into the Energy Security and Infrastructure Modernization Fund (in this section referred to as the Fund ) during fiscal year 2017: Provided further , That in addition to amounts otherwise made available by section 101, and notwithstanding section 104, any amounts deposited in the Fund shall be made available and shall remain available until expended at a rate for operations of $375,400,000, for necessary expenses in carrying out the Life Extension II project for the Strategic Petroleum Reserve. 160. (a) Notwithstanding section 101, amounts are provided for Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund at a rate for operations of $767,014,000: Provided , That such amounts may not be reprogrammed below the levels provided in the table referred to in section 301(d) of division D of Public Law 114–113 . (b) As of the date of the enactment of this section, section 123 of this Act shall not be in effect. 161. In addition to amounts provided by section 101, amounts are provided for General Services Administration—Allowances and Office Staff for Former Presidents for the pension of the outgoing President at a rate for operations of $157,000. 162. (a) Short title This section may be cited as the SOAR Funding Availability Act . (b) Requiring Use of Funds Remaining Unobligated From Previous Fiscal Years Section 3007 of the Scholarships for Opportunity and Results Act (sec. 38–1853.07, D.C. Official Code) is amended by adding at the end the following: (e) Requiring Use Of Funds Remaining Unobligated From Previous Fiscal Years (1) In general To the extent that any funds appropriated for the opportunity scholarship program under this division for any fiscal year remain available for subsequent fiscal years under section 3014(c), the Secretary shall make such funds available to eligible entities receiving grants under section 3004(a) for the uses described in paragraph (2)— (A) in the case of any remaining funds that were appropriated before the date of enactment of the SOAR Funding Availability Act, beginning on the date of enactment of such Act; and (B) in the case of any remaining funds appropriated on or after the date of enactment of such Act, by the first day of the first subsequent fiscal year. (2) Use of funds If an eligible entity to which the Secretary provided additional funds under paragraph (1) elects to use such funds during a fiscal year, the eligible entity shall use— (A) not less than 95 percent of such additional funds to provide additional scholarships for eligible students under subsection (a), or to increase the amount of the scholarships, during such year; and (B) not more than a total of 5 percent of such additional funds for administrative expenses, parental assistance, or tutoring, as described in subsections (b), (c), and (d), during such year. (3) Special rule Any amounts made available for administrative expenses, parental assistance, or tutoring under paragraph (2)(B) shall be in addition to any other amounts made available for such purposes in accordance with subsections (b), (c), and (d). . (c) Availability of funds Section 3014 of such Act (sec. 38–1853.14, D.C. Official Code) is amended by adding at the end the following: (c) Availability Amounts appropriated under subsection (a)(1), including amounts appropriated and available under such subsection before the date of enactment of the SOAR Funding Availability Act, shall remain available until expended. . (d) Effective date The amendments made by this section shall take effect on the date of enactment of this section. 163. Amounts made available by section 101 for U.S. Customs and Border Protection—Operations and Support , U.S. Immigration and Customs Enforcement—Operations and Support , Transportation Security Administration—Operations and Support , and United States Secret Service—Operations and Support accounts of the Department of Homeland Security shall be apportioned at a rate for operations as necessary, and apportioned to provide staffing levels as necessary, to ensure border security, fulfill immigration enforcement priorities, maintain aviation security activities, and carry out the mission associated with the protection of the President-elect. 164. Amounts made available by section 101 for National Gallery of Art—Salaries and Expenses may be apportioned up to the rate for operations necessary to provide for staffing, maintenance, security, and administrative expenses for the recently reopened galleries. 165. Amounts made available by section 101 for Smithsonian Institution—Salaries and Expenses may be apportioned up to the rate for operations necessary to provide for facilities maintenance, facilities operations, security, and support at the National Museum of African American History and Culture. 166. Amounts made available by section 101 for Department of Health and Human Services—Indian Health Service—Indian Health Services and for Department of Health and Human Services—Indian Health Service—Indian Health Facilities , respectively, may be apportioned up to the rate for operations necessary to provide for costs of staffing and operating newly constructed facilities. 167. Miners Health Benefits (a) In general This section may be cited as the Continued Health Benefits for Miners Act . (b) Inclusion of certain retirees in the Multiemployer Health Benefit Plan Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(h)(2)(C) ) is amended— (1) by striking A transfer and inserting the following: (i) Transfer to the Plan A transfer ; (2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; and (3) by striking the matter following such subclause (II) (as so redesignated) and inserting the following: (ii) Calculation of excess The excess determined under clause (i) shall be calculated— (I) except as provided in subclause (II), by taking into account only those beneficiaries actually enrolled in the Plan as of December 31, 2006, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and (II) for purposes of the transfer made for fiscal year 2017, as if, for the period beginning January 1, 2017, and ending April 30, 2017, only— (aa) those beneficiaries actually enrolled in the Plan as of the date of the enactment of the Continued Health Benefits for Miners Act who are eligible to receive health benefits under the Plan on January 1, 2017, other than those beneficiaries enrolled in the Plan under the terms of a participation agreement with the current or former employer of such beneficiaries; and (bb) those beneficiaries whose health benefits, defined as those benefits payable directly following death or retirement or upon a finding of disability by an employer in the bituminous coal industry under a coal wage agreement (as defined in section 9701(b)(1) of the Internal Revenue Code of 1986), would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015, were taken into account, and for any other period during such fiscal year, only the beneficiaries described in subclause (I) were taken into account. (iii) Eligibility of certain retirees Individuals referred to in clause (ii)(II)(bb) shall be treated as eligible to receive health benefits under the Plan for the plan year that includes January 1, 2017. (iv) Requirements for transfer The amount of the transfer otherwise determined under this subparagraph for fiscal year 2017 shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees' beneficiary association established as a result of a bankruptcy proceeding described in clause (ii)(II). (v) VEBA transfer The administrator of such voluntary employees’ beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association. . (c) Preservation of payments to States and Indian tribes Subparagraph (B) of section 402(i)(3) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(i)(3) ) is amended— (1) by striking so that and inserting under paragraph (1) so that ; (2) by striking each transfer in clause (i) and inserting each such transfer ; and (3) by striking this subsection in clause (iii) and inserting paragraph (1) . (d) Budgetary effects (1) Statutory PAYGO Scorecards The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (2) Senate PAYGO Scorecards The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). (3) Classification of Budgetary Effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated— (A) for purposes of section 251 of such Act; and (B) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. 168. Notwithstanding section 111, the fourth proviso under the heading Department of Labor—Office of Workers’ Compensation Programs—Special Benefits shall be applied by substituting $66,675,000 for $62,170,000 , $22,740,000 for $21,140,000 , $16,866,000 for $16,668,000 and $4,101,000 for $1,394,000 . 169. Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) ) shall be applied by substituting 2017 for 2016 . 170. (a) Notwithstanding any other provision of law, the Secretary of Health and Human Services (referred to in this section as the Secretary ) may transfer up to $300,000,000 from the Fund established by section 223 of the Department of Health and Human Services Appropriations Act, 2008 ( 42 U.S.C. 3514a ) to Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance only for activities authorized under section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ): Provided , That such funds transferred shall not be available for obligation prior to February 1, 2017. (b) In addition to amounts provided by subsection (a), if after March 1, 2017, and before the date specified in section 106(3), the Secretary, in consultation with the Secretary of Homeland Security, determines that the percentage increase in the cumulative number of cases transferred to the custody of the Secretary pursuant to such sections 462 and 235 for the current fiscal year over the number transferred through the comparable date in the previous fiscal year exceeds 40 percent, an amount not to exceed $200,000,000 may be made available to Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance only for activities authorized under such sections 462 and 235. (c) The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any funds being made available under subsection (a). (d) Of the unobligated balances available in the Fund established by section 223 of the Department of Health and Human Services Appropriations Act, 2008 ( 42 U.S.C. 3514a ), $100,000,000 is hereby rescinded. 171. Notwithstanding any other provision of this Act, within 10 days of the enactment of this section, the Secretary of Health and Human Services shall transfer funds appropriated for fiscal year 2017 under section 4002 of Public Law 111–148 ( 42 U.S.C. 300u–11 ) to the accounts specified, in the amounts specified, and for the activities specified in subsection (a) of section 221 of division H of Public Law 114–113 , except that the Secretary shall adjust the amounts transferred to the Centers for Disease Control and Prevention under this section to result in a total amount transferred to such agency under this section that is $1,000,000 less than the total amount transferred to such agency under such section 221: Provided , That subsections (b) and (c) of such section 221 shall apply to amounts transferred under this section. 172. The fifth proviso under the heading Social Security Administration—Limitation on Administrative Expenses in division H of Public Law 114–113 shall be applied during the period covered by this Act by substituting shall be used for activities to address the hearing backlog within the Office of Disability Adjudication and Review for shall be for necessary expenses for the renovation and modernization of the Arthur J. Altmeyer Building . 173. Activities authorized under part A of title IV and section 1108(b) of the Social Security Act (except for activities authorized in section 403(b)) shall continue through the date specified in section 106(3) of this Act in the manner authorized for fiscal year 2016, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. 174. The Secretary of Health and Human Services may use discretionary amounts appropriated in this Act for the Department of Health and Human Services to carry out section 399V–6 of the Public Health Service Act ( 42 U.S.C. 280g–17 ). 175. Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) (relating to cost of living adjustments for Members of Congress) during fiscal year 2017. 176. Transfer of O’Neill Building to House of Representatives (a) Transfer Effective upon the expiration of the 180-day period that begins on the date of the enactment of this section— (1) the building described in subsection (e) shall become an office building of the House of Representatives; (2) the Administrator of General Services shall transfer custody, control, and administrative jurisdiction over the building to the Architect of the Capitol; and (3) the Architect of the Capitol shall exercise custody, control, and administrative jurisdiction over the building subject to the direction of the House Office Building Commission. (b) Treatment as House Office Building and part of Capitol Grounds Upon the transfer of custody, control, and administrative jurisdiction under subsection (a), the building and grounds described in subsection (e) shall be treated as a House Office Building and as part of the United States Capitol Grounds for purposes of all laws, rules, and regulations applicable to the House Office Buildings and the Capitol Grounds, including— (1) chapter 51 of title 40, United States Code (relating to the administration of the United States Capitol Buildings and Grounds); and (2) section 9 of the Act entitled An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes , approved July 31, 1946 ( 2 U.S.C. 1961 ) (relating to the authority of the United States Capitol Police to police the United States Capitol Buildings and Grounds). (c) Authority of Architect of the Capitol to enter into leases and other agreements with Federal departments and agencies for use of building (1) Authority described The Architect of the Capitol is authorized to enter into leases and other agreements with departments and agencies of the Federal Government for the use of the building described in subsection (e) (or portions thereof), subject to the approval of the House Office Building Commission. (2) Collection of payments Pursuant to a lease or other agreement entered into between the Architect of the Capitol and a department or agency of the Federal Government under the authority described in paragraph (1), the Architect of the Capitol is authorized to collect payments from such department or agency and such department or agency is authorized to make payments to the Architect of the Capitol, including payments of commercially-equivalent rent. (3) Treatment of payments Any payments received by the Architect of the Capitol pursuant to any lease or other agreement entered into under this subsection shall be deposited to the appropriation available to the Architect of the Capitol from the House Office Buildings Fund established under subsection (d) and shall be subject to future appropriation. (d) House Office Buildings Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the House Office Buildings Fund (hereafter in this section referred to as the Fund ). (2) Contents of Fund The Fund shall consist of the following amounts: (A) Amounts transferred by the Architect of the Capitol under paragraph (3) of subsection (c). (B) Interest earned on the balance of the Fund. (C) Such other amounts as may be appropriated by law. (3) Use of Fund Amounts in the Fund shall be available to the Architect of the Capitol for the maintenance, care, and operation of the House office buildings, and may be used to reimburse the United States Capitol Police, the House of Representatives, or any other office of the legislative branch which provides goods or services for the maintenance, care, and operation of the building and grounds described in subsection (e), in such amounts as may be appropriated under law. (4) Notification to Committee on Appropriations Upon making any obligation or expenditure of any amount in the Fund, the Architect of the Capitol shall notify the Committee on Appropriations of the House of Representatives of the amount and purpose of the obligation or expenditure. (5) Continuing availability of funds Amounts in the Fund are available without regard to fiscal year limitation. (e) Description of Building and Grounds (1) Description The building and grounds described in this subsection is the Federal building located in the District of Columbia which is commonly known as the Thomas P. O’Neill Jr. Federal Building , and which is more particularly described as follows: Square 579, Lot 827, at 200 C Street Southwest, bounded by C Street Southwest on the north, by 2nd Street Southwest on the east, by D Street Southwest on the south, and by 3rd Street Southwest on the west, and by all that area contiguous to and surrounding Square 579 from the property line thereof to the west curb of 3rd Street Southwest, the north curb of C Street Southwest, the east curb of 2nd Street Southwest, and the south curb of D Street Southwest. (2) Retention of responsibilities of District of Columbia The Mayor of the District of Columbia will retain responsibility for the maintenance and improvement of those portions of the streets which are situated between the curb lines of the streets referenced in paragraph (1). 177. (a) During the 115th Congress— (1) amounts made available for the Office of the Secretary of the Conference of the Minority of the Senate shall be available for the Office of the Assistant Minority Leader of the Senate; and (2) the duties and authorities of the Secretary of the Conference of the Minority of the Senate under section 3 of title I of division H of the Consolidated Appropriations Act, 2008 ( 2 U.S.C. 6154 ), section 101 of chapter VIII of title I of the Supplemental Appropriations Act, 1979 ( 2 U.S.C. 6156 ), or any other provision of law shall be duties and authorities of the Assistant Minority Leader of the Senate. (b) For purposes of any individual employed by the Office of the Assistant Minority Leader of the Senate during the 115th Congress— (1) section 506(e) of the Supplemental Appropriations Act, 1973 ( 2 U.S.C. 6314(e) ) shall be applied by substituting Assistant Minority Leader for Secretary of the Conference of the Minority ; (2) section 207(e)(9)(M) of title 18, United States Code, shall be applied by substituting Assistant Minority Leader for secretary of the Conference of the Minority ; and (3) subsection (b) of the first section of S. Res. 458 (98th Congress) shall be applied by substituting Assistant Minority Leader for Secretary of the Conference of the Minority . (c) For purposes of any individual employed by the Office of the Assistant Minority Leader of the Senate during the 115th Congress, with respect to any practice that occurs during that Congress, section 220(e)(2)(C) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1351(e)(2)(C) ) shall be applied by substituting the Office of the Assistant Minority Leader of the Senate for the Office of the Secretary of the Conference of the Minority of the Senate . (d) Nothing in this section shall be construed to have any effect on the continuation of any procedure or action initiated under the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) or section 207 of title 18, United States Code. 178. Section 21(d) of Senate Resolution 64 of the One Hundred Thirteenth Congress, 1st session (agreed to on March 5, 2013) is amended by striking December 31, 2016 and inserting December 31, 2018 . 179. Expedited consideration of certain legislation (a) Qualifying legislation defined In this section, the term qualifying legislation means a Senate bill or joint resolution— (1) that is introduced in the Senate during the 30-calendar day period beginning on the date on which Congress convenes the First Session of the 115th Congress; (2) the title of which is as follows: To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. ; and (3) the matter after the enacting or resolving clause of which is as follows: 1. Exception to limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as regular commissioned officers of the Armed Forces (a) In general Notwithstanding the second sentence of section 113(a) of title 10, United States Code, the first person appointed, by and with the advice and consent of the Senate, as Secretary of Defense after the date of the enactment of this Act may be a person who is, on the date of appointment, within seven years after relief, but not within three years after relief, from active duty as a commissioned officer of a regular component of the Armed Forces. (b) Limited exception This section applies only to the first person appointed as Secretary of Defense as described in subsection (a) after the date of the enactment of this Act, and to no other person. . (b) Introduction During the 30-calendar day period described in subsection (a)(1), qualifying legislation may be introduced in the Senate by the Majority Leader (or the Majority Leader’s designee), the Minority Leader (or the Minority Leader’s designee), the Chairman of the Committee on Armed Services, or the Ranking Minority Member of the Committee on Armed Services. (c) Consideration in the Senate (1) Committee referral Qualifying legislation introduced in the Senate shall be referred to the Committee on Armed Services. (2) Reporting and discharge If the Committee on Armed Services has not reported the qualifying legislation within 5 session days after the date of referral of the legislation, the Committee shall be discharged from further consideration of the legislation, and the qualifying legislation shall be placed on the appropriate calendar. (3) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Armed Serves reports the qualifying legislation to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the qualifying legislation, and all points of order against the qualifying legislation (and against consideration of the qualifying legislation) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the qualifying legislation is agreed to, the qualifying legislation shall remain the unfinished business until disposed of. (4) Consideration Consideration of the qualifying legislation, and all debate, debatable motions, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between, and controlled by, the Majority Leader and the Minority Leader or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the qualifying legislation is not in order. (5) Vote on passage The vote on passage shall occur immediately following the conclusion of the debate on the qualifying legislation and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. Passage of the qualifying legislation shall require an affirmative vote of three-fifths of the Members, duly chosen and sworn. (6) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to qualifying legislation shall be decided without debate. (7) Consideration of veto messages Consideration in the Senate of any veto message with respect to the qualifying legislation, including all debate, debatable motions, and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the Majority Leader and the Minority Leader or their designees. (d) Rules of the Senate This section is enacted— (1) as an exercise of the rulemaking power of the Senate and as such is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of qualifying legislation described in subsection (a), and supersedes other rules only to the extent that this section is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. 180. Section 133 of division L, title I of the Consolidated Appropriations Act, 2016, Public Law 114–113 , is amended to read as follows: (a) None of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement, administer, or enforce the requirement for two off-duty periods from 1:00 a.m. to 5:00 a.m. under paragraph 395.3(c) or the restriction on use of more than one restart during a 168-hour period under paragraph 395.3(d) of title 49, Code of Federal Regulations, and those provisions shall have no force or effect upon submission of the final report issued by the Secretary of Transportation, as required by section 133 of division K of Public Law 113–235 , unless the Secretary and the Inspector General of the Department of Transportation each review and determine that the final report. (1) meets the statutory requirements set forth in such section; and (2) establishes that commercial motor vehicle drivers who operated under the restart provisions in operational effect between July 1, 2013, and the day before the date of enactment of such Public Law demonstrated statistically significant improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules, in comparison to commercial motor vehicle drivers who operated under the restart provisions in operational effect on June 30, 2013. (b) If the Secretary and the Inspector General do not each make the findings outlined in subsection (a) of this section with respect to the final report, hereafter, the 34-hour restart rule in operational effect on June 30, 2013 shall be restored to full force and effect on the date that the Secretary submits the final report to the Committees on Appropriations of the House of Representatives and the Senate, and funds appropriated or otherwise made available by this Act or any other Act shall be available to implement, administer, or enforce the rule. . 181. (a) Funds made available by section 101 for Department of Transportation—Federal Aviation Administration—Operations may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded by this appropriation. (b) Notwithstanding section 101, the matter preceding the first proviso under the heading Department of Transportation—Federal Aviation Administration—Facilities and Equipment in division L of Public Law 114–113 shall be applied by substituting $479,412,000 for $470,049,000 and $2,375,588,000 for $2,384,951,000 . 182. (a) Amounts available under section 101 for Department of Transportation—Maritime Administration—Operations and Training for facilities maintenance and repair, equipment, and capital improvements at the United States Merchant Marine Academy, and any available prior year balances for the Student Incentive Program at State Maritime Academies may, either in whole or part, be used for costs associated with the midshipmen Sea Year training program of the Academy without regard to any limitations on reprogramming or transfer under division L of Public Law 114–113 or otherwise applicable under a provision of this Act. (b) The matter under the heading Department of Transportation—Maritime Administration—Operations and Training in division L of Public Law 114–113 is amended by striking the third proviso (relating to an Academy spending plan). 183. Amounts made available by section 101 for Department of Housing and Urban Development—Public and Indian Housing—Tenant-Based Rental Assistance may be apportioned up to the rate for operations necessary to renew grants for rental assistance and administrative costs that were provided pursuant to the third through tenth provisos of paragraph (5) under such heading in title II of division K of Public Law 113–235 (128 Stat. 2732). 184. Notwithstanding any other provision of law, if not later than 10 days after the end of the Second Session of the 114th Congress, the Office of Management and Budget ( OMB ) determines that the total of enacted appropriations for fiscal year 2017 subject to the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, excluding any appropriations that would result in adjustments under section 251(b)(2) of such Act, does not exceed the sum of the unadjusted discretionary spending limits for fiscal year 2017 in section 251(c)(4) of such Act and provides written notification of that determination, then the final sequestration report for fiscal year 2017 under section 254(f)(1) of such Act and any order for fiscal year 2017 under section 254(f)(5) of such Act shall be issued, for the Congressional Budget Office, 10 days after the date specified in section 106(3) of this Act and, for OMB, 15 days after the date specified in section 106(3) of this Act: Provided , That the written notification required by this section shall include the total dollar amount and estimated uniform percentage that would be required to eliminate a breach within a category if OMB were to issue such final sequestration report and order pursuant to the timetable in section 254(a) of such Act. 185. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101 for the Emergency Watershed Protection Program , there is appropriated $103,140,000 for an additional amount for fiscal year 2017, to remain available until expended, and for the Emergency Conservation Program , there is appropriated $102,978,524 for an additional amount for fiscal year 2017, to remain available until expended: Provided , That all amounts made available by this section are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 186. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $74,700,000 for an additional amount for fiscal year 2017, to remain available until expended, for National Aeronautics and Space Administration—Construction and Environmental Compliance and Restoration for repairs at National Aeronautics and Space Administration facilities damaged by Hurricane Matthew: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 187. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $54,827,000 for Corps of Engineers-Civil—Construction for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses to address emergency situations at Corps of Engineers projects, and to rehabilitate and repair damages to Corps of Engineers projects, caused by natural disasters: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 188. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $290,708,000 for Corps of Engineers-Civil—Mississippi River and Tributaries for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 189. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $259,574,000 for Corps of Engineers-Civil—Operation and Maintenance for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses to dredge navigation projects in response to, and repair damages to Corps of Engineers projects caused by, natural disasters: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 190. Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101, there is appropriated $419,891,000 for Corps of Engineers-Civil—Flood Control and Coastal Emergencies , as authorized by section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), for an additional amount for fiscal year 2017, to remain available until expended, for necessary expenses 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: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That beginning not later than 60 days after the date of enactment of this section, the Assistant Secretary of the Army for Civil Works shall provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds. 191. Notwithstanding any other provision of this Act, and in addition to any amount otherwise provided by section 101 for the Emergency Relief Program , as authorized by section 125 of title 23, United States Code, there is appropriated $1,004,017,000 for fiscal year 2017, to remain available until expended: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 192. (a) Notwithstanding any other provision of this Act, and in addition to the amount otherwise provided by section 101 for Department of Housing and Urban Development—Community Planning and Development—Community Development Fund , there is appropriated $1,808,976,000 for an additional amount for fiscal year 2017, to remain available until expended, that is identical to the additional appropriation for fiscal year 2016 in section 145(a) of this Act (except that enactment of this Act shall be treated as referring to enactment of this section, and except for the last proviso under such subsection), and with respect to which the same authority and conditions shall be in effect: Provided , That of the amount made available by this subsection, $1,416,000,000 is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and $392,976,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Of the amounts made available by subsection (a) and designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, up to $3,000,000 may be transferred, in aggregate, to Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts in section 145 and all amounts in this section. 193. Notwithstanding any other provision of this Act, and in addition to amounts otherwise provided by section 101, an additional amount for fiscal year 2017 of $20,000,000, to remain available until expended, is provided for Department of Health and Human Services—Food and Drug Administration-FDA Innovation Account (in this section referred to as the Account ): Provided , That such amounts are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1002(b)(2)(A) of such Act, are for the necessary expenses to carry out the purposes described under section 1002(b)(4) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses solely for the purposes provided in such Act: Provided further , That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That this transfer authority is in addition to any other transfer authority provided by law. 194. Notwithstanding any other provision of this Act, and in addition to amounts otherwise provided by section 101, an additional amount for fiscal year 2017 of $352,000,000, to remain available until expended, is provided for Department of Health and Human Services—National Institutes of Health—NIH Innovation Account (in this section referred to as the Account ): Provided , That such amounts are appropriated pursuant to section 1001(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, are for the necessary expenses to carry out the purposes described in section 1001(b)(4) of such Act and in the amounts provided for fiscal year 2017 in such section 1001(b)(4), and may be transferred by the Director of the National Institutes of Health to other accounts of the National Institutes of Health solely for the purposes provided in such Act: Provided further , That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That this transfer authority is in addition to any other transfer authority provided by law. 195. Notwithstanding any other provision of this Act, and in addition to amounts otherwise provided by section 101, an additional amount for fiscal year 2017 of $500,000,000, to remain available until expended, is provided for Department of Health and Human Services—Office of the Secretary—Account For the State Response to the Opioid Abuse Crisis (in this section referred to as the Account ): Provided , That such amounts are appropriated pursuant to section 1003(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1003(b)(2)(A) of such Act, are for the necessary expenses to carry out the purposes described under section 1003(c) of such Act, and may be transferred by the Secretary of Health and Human Services to other accounts of the Department solely for the purposes provided in such Act: Provided further , That upon a determination by the Secretary that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further , That this transfer authority is in addition to any other transfer authority provided by law. 196. (a) Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Environmental Protection Agency—State and Tribal Assistance Grants , there is appropriated $100,000,000 for an additional amount for fiscal year 2017, to remain available until expended, for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act pursuant to section 2201 of the Water and Waste Act of 2016. (b) The last proviso of paragraph (1) under the heading Environmental Protection Agency—State and Tribal Assistance Grants in division G of Public Law 114–113 shall be applied to amounts made available by this section by substituting for only where such debt was incurred on or after the date of enactment of this Act the following: where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further , That in a State in which such an emergency declaration has been issued, the State may use more than 20 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients . 197. (a) Notwithstanding any other provision of this Act, there is provided for Environmental Protection Agency—Water Infrastructure Finance and Innovation Program Account for the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 et seq. ), $20,000,000, to remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $2,073,000,000. (b) In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3908 and 3909) shall be credited to the appropriation made by this section to remain available until expended. (c) Of the amounts provided under subsection (a), not to exceed $3,000,000 shall be for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3912 ). 198. Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health , for carrying out section 2203 of the Water and Waste Act of 2016, there is appropriated $20,000,000, to remain available until September 30, 2020, of which $17,500,000 shall be for carrying out section 2203(b) of the Water and Waste Act of 2016 and $2,500,000 shall be for carrying out section 2203(c) of the Water and Waste Act of 2016: Provided , That such funds may be made available to the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention, at the discretion of the Secretary of Health and Human Services, for carrying out such sections of the Water and Waste Act of 2016. 199. Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health , for carrying out section 2204(a) of the Water and Waste Act of 2016, there is appropriated $15,000,000, to remain available until September 30, 2018, for childhood lead poisoning prevention programs authorized under section 317A of the Public Health Service Act ( 42 U.S.C. 247b–1 ). 200. Notwithstanding any other provision of this Act, in addition to the amount otherwise provided by section 101 for Department of Health and Human Services—Health Resources and Services Administration—Maternal and Child Health , for carrying out section 2204(b) of the Water and Waste Act of 2016, there is appropriated $15,000,000, to remain available until September 30, 2018, for the Healthy Start Initiative authorized under section 330H of the Public Health Service Act ( 42 U.S.C. 254c–8 ). 201. (a) Of any available amounts appropriated under section 301(b)(3) of Public Law 114–10 , $170,000,000 is rescinded immediately upon enactment of this section. (b) In the Senate, the budgetary effects of this section shall not count for purposes of the amount in section 3103(b)(3) of the concurrent resolution on the budget for fiscal year 2016 (S. Con. Res. 11) when determining points of order pursuant to section 3103(b)(1) of that section of that concurrent resolution. . This division may be cited as the Further Continuing Appropriations Act, 2017 . B Security Assistance Appropriations Act, 2017 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2017, and for other purposes, namely: I Department of Defense Military Personnel Military Personnel, Army For an additional amount for Military Personnel, Army , $196,964,000, of which $94,034,000 is to support counter-terrorism operations and $102,930,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Navy For an additional amount for Military Personnel, Navy , $10,484,000, of which $7,354,000 is to support counter-terrorism operations and $3,130,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Marine Corps For an additional amount for Military Personnel, Marine Corps , $5,840,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military Personnel, Air Force For an additional amount for Military Personnel, Air Force , $51,830,000, of which $37,640,000 is to support counter-terrorism operations and $14,190,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance Operation and Maintenance, Army For an additional amount for Operation and Maintenance, Army , $3,173,679,000, of which $2,734,952,000 is to support counter-terrorism operations and $438,727,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $97,881,000, of which $95,531,000 is to support counter-terrorism operations and $2,350,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Marine Corps For an additional amount for Operation and Maintenance, Marine Corps , $180,546,000, of which $168,446,000 is to support counter-terrorism operations and $12,100,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $428,046,000, of which $382,496,000 is to support counter-terrorism operations and $45,550,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $446,283,000, of which $412,959,000 is to support counter-terrorism operations and $33,324,000 is to support the European Reassurance Initiative: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Iraq Train and Equip Fund For an additional amount for Iraq Train and Equip Fund , $289,500,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement Missile Procurement, Army For an additional amount for Missile Procurement, Army , $229,100,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Army For an additional amount for Other Procurement, Army , $72,000,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of Ammunition, Air Force For an additional amount for Procurement of Ammunition, Air Force , $201,563,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Missile Procurement, Air Force For an additional amount for Missile Procurement, Air Force , $83,900,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Procurement, Air Force For an additional amount for Other Procurement, Air Force , $137,884,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Army For an additional amount for Research, Development, Test and Evaluation, Army , $78,700,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $3,000,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Department of Defense Programs Joint Improvised Explosive Device Defeat Fund For an additional amount for Joint Improvised Explosive Device Defeat Fund , $87,800,000, to support counter-terrorism operations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of State, Foreign Operations, and Related Programs department of state administration of foreign affairs diplomatic and consular programs For an additional amount for Diplomatic and Consular Programs , $1,052,400,000 to remain available until September 30, 2018, of which $927,189,000 is for Worldwide Security Protection and shall remain available until expended: Provided , That such funds are for operational and security requirements to support activities to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism in Africa, Europe and Eurasia, the Middle East, and South and Central Asia, and to counter Russian influence: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. office of inspector general For an additional amount for Office of Inspector General , $2,500,000, to remain available until September 30, 2018: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. embassy security, construction, and maintenance For an additional amount for Embassy Security, Construction, and Maintenance , $654,411,000, to remain available until expended, for construction of, and security enhancements for, United States diplomatic facilities in Africa, Europe and Eurasia, the Middle East, and South and Central Asia, of which $618,411,000 is for Worldwide Security Upgrades: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. united states agency for international development funds appropriated to the president operating expenses For an additional amount for Operating Expenses , $5,000,000, to remain available until September 30, 2018, for operational and security requirements to support activities to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism in Africa, Europe and Eurasia, the Middle East, and South and Central Asia: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. capital investment fund For an additional amount for Capital Investment Fund , $25,000,000, to remain available until expended, for the Capital Security Cost Sharing Program: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of Inspector General For an additional amount for Office of Inspector General , $2,500,000, to remain available until September 30, 2018: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. bilateral economic assistance funds appropriated to the president international disaster assistance For an additional amount for International Disaster Assistance , $616,100,000, to remain available until expended, for international disaster relief, rehabilitation, and reconstruction assistance, including in Africa, Europe and Eurasia, the Middle East, and South and Central Asia: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. transition initiatives For an additional amount for Transition Initiatives , $50,234,000, to remain available until expended, for programs to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism, and address the needs of populations impacted by such organizations: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. economic support fund For an additional amount for Economic Support Fund , $1,030,555,000, to remain available until September 30, 2018, for programs to counter the Islamic State of Iraq and the Levant, other terrorist organizations, and violent extremism, and address the needs of populations impacted by such organizations: Provided , That funds appropriated under this heading shall be made available for programs that include activities to document, investigate, and prosecute genocide, crimes against humanity, war crimes, and other human rights violations in Iraq and Syria, including to build capacity of Syrian and Iraqi investigators; atrocity prevention, transitional justice, reconciliation, and reintegration programs for vulnerable and persecuted minorities and ethnic groups in the Middle East and North Africa; and support for higher education institutions in Iraq: Provided further , That such funds shall also be made available for assistance for major non-North Atlantic Treaty Organization allies in the Middle East and North Africa, including Jordan and Tunisia: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. assistance for europe, eurasia and central asia For an additional amount for Assistance for Europe, Eurasia and Central Asia , $157,000,000, to remain available until September 30, 2018, for programs to counter Russian influence: Provided , That funds appropriated under this heading shall be made available for assistance for Ukraine, Georgia, and other countries affected by Russian aggression: Provided further , That of the funds appropriated under this heading, up to $6,000,000 may be transferred to, and merged with, funds appropriated under the heading Broadcasting Board of Governors—International Broadcasting Operations for programs to counter Russian influence: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. department of state migration and refugee assistance For an additional amount for Migration and Refugee Assistance , $300,000,000, to remain available until expended, to respond to refugee and migration crises, including in Africa, Europe and Eurasia, the Middle East, and South and Central Asia, except that such funds shall not be made available for the resettlement costs of refugees in the United States: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. international security assistance department of state international narcotics control and law enforcement For an additional amount for International Narcotics Control and Law Enforcement , $26,300,000, to remain available until September 30, 2018, for programs in Africa, Europe and Eurasia, and the Middle East: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. nonproliferation, anti-terrorism, demining and related programs For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs , $128,000,000, to remain available until September 30, 2018, for anti-terrorism, demining and related programs and activities in Africa and the Middle East: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. peacekeeping operations For an additional amount for Peacekeeping Operations , $50,000,000, to remain available until September 30, 2018, for equipment, training, logistics, and related support for peacekeeping, stabilization, and counter-terrorism programs in Africa and the Middle East: Provided , That funds appropriated under this heading may be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. funds appropriated to the president foreign military financing program For an additional amount for Foreign Military Financing Program , $200,000,000, to remain available until September 30, 2018, for assistance for countries in Africa, Europe and Eurasia, and the Middle East: Provided , That funds appropriated under this heading shall be made available for assistance for Ukraine, Georgia, the Baltic states, Tunisia, and Jordan: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. general provisions extension of authorities and conditions 201. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2017. notification requirement 202. Funds appropriated by this title shall not be available for obligation unless the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, has notified the Committees on Appropriations in writing at least 15 days in advance of such obligation: Provided , That the requirement of this section shall not apply to funds made available by this title under the headings Department of State—Administration of Foreign Affairs—Office of Inspector General , United States Agency for International Development—Funds Appropriated to the President—Office of Inspector General , Bilateral Economic Assistance—Funds Appropriated to the President—International Disaster Assistance , and Bilateral Economic Assistance—Department of State—Migration and Refugee Assistance . transfer authority 203. (a) Funds appropriated by this title under the headings Diplomatic and Consular Programs , including for Worldwide Security Protection, and Embassy Security, Construction, and Maintenance may be transferred to, and merged with, funds appropriated by this title under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements. (b) Funds appropriated by this title under the headings International Disaster Assistance and Migration and Refugee Assistance may be transferred to, and merged with, funds appropriated by this title under such headings. (c) Funds appropriated by this title under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia may be transferred to, and merged with, funds appropriated by this title under the heading International Disaster Assistance . (d) Funds appropriated by this title under the headings International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , Peacekeeping Operations , and Foreign Military Financing Program may be transferred to, and merged with, funds appropriated by this title under such headings. (e) The transfer authority provided by this section shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided , That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law. consolidated reporting requirement 204. Not later than 45 days after enactment of this Act and prior to the initial obligation of funds made available by this title, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a consolidated report to the Committees on Appropriations on the anticipated uses of such funds on a country and project basis for which the obligation of funds is anticipated, including estimated personnel and administrative costs: Provided , That such report shall be updated and submitted to such Committees every 60 days until September 30, 2018, and every 180 days thereafter until all funds have been expended: Provided further , That funds appropriated by this title under the headings International Disaster Assistance and Migration and Refugee Assistance may be obligated prior to submission of the report required by this section. loan authority 205. (a) Funds appropriated by this title under the heading Economic Support Fund and in prior Acts making appropriations for the Department of State, foreign operations, and related programs under such heading may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Iraq, which are authorized to be provided: Provided , That amounts made available under this subsection for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country: Provided further , That the Secretary of State should obtain a commitment from the Government of Iraq that such government will make available the proceeds of such financing to regions and governorates, including the Kurdistan Region of Iraq, in a manner consistent with the principles of equitable share of national revenues contained in clause Third of Article 121 of the Constitution of Iraq: Provided further , That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that any such notification shall include a detailed summary of the terms and conditions of such financing and an assessment of the extent to which the proposed financing agreement between the Governments of the United States and Iraq supports the constitutional principles of equitable share of national revenues to regions and governorates, including the Kurdistan Region of Iraq. (b) Notwithstanding any provision of this Act, the authority provided by section 1101 of division O of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ) shall continue in effect through fiscal year 2017: Provided , That any notification submitted pursuant to such section shall include a detailed summary of the terms and conditions of such loan and an assessment of the extent to which use of the proposed loan proceeds would place special emphasis on the Kurdish Peshmerga, Sunni tribal security forces, or other local security forces, with a national security mission. (c) Funds made available pursuant to this section and section 7034(o)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114–113 ) from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. personal services contracts 206. Funds appropriated by this title to support counter-terrorism and countering violent extremism programs, including activities to counter the Islamic State of Iraq and the Levant, may be used to enter into contracts with individuals for the provision of personal services (as described in section 37.104 of title 48, Code of Federal Regulations (48 CFR 37.104)) in the United States or abroad: Provided , That such individuals may not be deemed employees of the United States for the purposes of any law administered by the Office of Personnel Management: Provided further , That the authority made available pursuant to this section shall expire on September 30, 2018. This division may be cited as the Security Assistance Appropriations Act, 2017 .

Karen L. Haas Clerk.