Summary
(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.)
Highlights:
This bill provides continuing appropriations for most federal agencies through the earlier of April 28, 2017, or the enactment of the applicable appropriations legislation.
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.)
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.
The bill also includes additional emergency, disaster relief, and Overseas Contingency Operations (OCO) funding which is exempt from discretionary spending limits.
The bill extends several programs that are otherwise scheduled to expire, including health benefits for certain retired miners and their families.
Full Summary:
Further Continuing and Security Assistance Appropriations Act, 2017
(Sec. 3) Specifies that references to "this Act" included in division B of this bill refer only to the provisions of that division.
(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.
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.
Further Continuing Appropriations Act, 2017
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017
Provides continuing appropriations to most federal agencies through April 28, 2017, or the enactment of specified appropriations legislation.
(Unless otherwise indicated, all extensions and provisions referenced in the summary are for the duration of the CR.)
(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.
Continues all provisions included in the Continuing Appropriations Act, 2017 (except where this bill provides otherwise) and adds the following new provisions:
(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.
(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.)
(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.)
(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.
(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.
(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.
(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.
(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.
(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.
(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.)
(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.
(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.
(Sec. 158) Provides the Department of Energy (DOE) with funding flexibility to maintain schedules for weapons activities of the National Nuclear Security Administration.
(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.
(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.)
(Sec. 161) Provides additional funding to the General Services Administration for the pension benefits of the outgoing President.
SOAR Funding Availability Act
(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.
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.
(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.
(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.
(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.
(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.
Continued Health Benefits for Miners Act
(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.)
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.
Exempts the budgetary effects of this section from specified budget enforcement laws and procedures.
(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.)
(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.
(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.
(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.
(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.
(Sec. 173) Extends the authorizations for the Temporary Assistance for Needy Families (TANF) and Child Care Entitlement programs.
(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.
(Sec. 175) Prohibits Members of Congress from receiving a cost of living adjustment (COLA) during FY2017.
(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.
(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.
(Sec. 178) Amends S. Res. 64 (113th Congress) to extend the authorization for the Senate National Security Working Group until December 31, 2018.
(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.
(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.
(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 "34-hour restart requirement." 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 "restart" in a 168-hour period.)
(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.
(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.
Repeals a provision that limits funding for the U.S. Merchant Marine Academy until a spending plan is submitted to Congress.
(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.)
(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.
(Sec. 185) Provides emergency appropriations for the Emergency Watershed Protection Program and the Emergency Conservation Program.
(Sec. 186) Provides emergency appropriations to NASA for repairs to facilities damaged by Hurricane Matthew.
(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.
(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.
(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.
(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.
(Sec. 191) Provides emergency appropriations for the Federal Highway Administration's Emergency Relief Program.
(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.
(Sec. 193) Provides additional appropriations to the Food and Drug Administration (FDA) for the FDA Innovation Account authorized by the 21st Century Cures Act.
(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.
(Sec. 195) Provides additional appropriations to HHS for opioid abuse prevention and treatment activities.
(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.
(Sec. 197) Provides additional funding for the EPA's Water Infrastructure Finance and Innovation Program Account to provide loans for water infrastructure projects.
(Sec. 198) Provides additional funding to HHS to establish a lead exposure registry and lead exposure advisory committee.
(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.
(Sec. 200) Provides appropriations to HHS for the Healthy Start Initiative to reduce the rate of infant mortality and improve perinatal outcomes.
(Sec. 201) Rescinds specified funds from the Children's Health Insurance Program State Allotments.
Security Assistance Appropriations Act, 2017
DIVISION B-- SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017
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.
TITLE I--DEPARTMENT OF DEFENSE
Provides FY2017 appropriations to the Department of Defense (DOD) to support counterterrorism operations and the European Reassurance Initiative.
Provides appropriations to DOD for:
Military Personnel;
Operation and Maintenance;
the Iraq Train and Equip Fund;
Procurement;
Research, Development, Test And Evaluation; and
the Joint Improvised Explosive Device Defeat Fund.
TITLE II--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Provides appropriations to the State Department to:
counter the Islamic State of Iraq and the Levant (ISIL) and other terrorist organizations;
address the needs of populations impacted by terrorist groups;
document and investigate war crimes and crimes against humanity in Iraq and Syria;
meet operational and security needs at U.S. diplomatic facilities overseas;
increase overseas refugee and humanitarian assistance;
counter violent extremism; and
counter Russian influence and aggression.
Provides appropriations for the Administration of Foreign Affairs, including:
Diplomatic and Consular Programs;
the Office of Inspector General; and
Embassy Security, Construction, and Maintenance.
Provides appropriations to the U.S. Agency for International Development for:
Operating Expenses,
the Capital Investment Fund, and
the Office of Inspector General.
Provides appropriations for Bilateral Economic Assistance, including:
International Disaster Assistance;
Transition Initiatives;
the Economic Support Fund;
Assistance For Europe, Eurasia and Central Asia; and
Migration and Refugee Assistance.
Provides appropriations for International Security Assistance, including:
International Narcotics Control and Law Enforcement;
Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
Peacekeeping Operations; and
the Foreign Military Financing Program.
(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.
(Sec. 202) Requires the State Department or the USAID, as appropriate, to notify Congress before obligating certain funds provided by this title.
(Sec. 203) Specifies authorities and restrictions for transferring certain funds provided by this title.
(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.
(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.
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.
(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.
Highlights:
This bill provides continuing appropriations for most federal agencies through the earlier of April 28, 2017, or the enactment of the applicable appropriations legislation.
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.)
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.
The bill also includes additional emergency, disaster relief, and Overseas Contingency Operations (OCO) funding which is exempt from discretionary spending limits.
The bill extends several programs that are otherwise scheduled to expire, including health benefits for certain retired miners and their families.
Full Summary:
Further Continuing and Security Assistance Appropriations Act, 2017
(Sec. 3) Specifies that references to "this Act" included in division B of this bill refer only to the provisions of that division.
(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.
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.
Further Continuing Appropriations Act, 2017
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017
Provides continuing appropriations to most federal agencies through April 28, 2017, or the enactment of specified appropriations legislation.
(Unless otherwise indicated, all extensions and provisions referenced in the summary are for the duration of the CR.)
(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.
Continues all provisions included in the Continuing Appropriations Act, 2017 (except where this bill provides otherwise) and adds the following new provisions:
(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.
(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.)
(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.)
(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.
(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.
(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.
(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.
(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.
(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.
(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.)
(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.
(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.
(Sec. 158) Provides the Department of Energy (DOE) with funding flexibility to maintain schedules for weapons activities of the National Nuclear Security Administration.
(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.
(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.)
(Sec. 161) Provides additional funding to the General Services Administration for the pension benefits of the outgoing President.
SOAR Funding Availability Act
(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.
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.
(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.
(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.
(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.
(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.
Continued Health Benefits for Miners Act
(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.)
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.
Exempts the budgetary effects of this section from specified budget enforcement laws and procedures.
(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.)
(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.
(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.
(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.
(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.
(Sec. 173) Extends the authorizations for the Temporary Assistance for Needy Families (TANF) and Child Care Entitlement programs.
(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.
(Sec. 175) Prohibits Members of Congress from receiving a cost of living adjustment (COLA) during FY2017.
(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.
(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.
(Sec. 178) Amends S. Res. 64 (113th Congress) to extend the authorization for the Senate National Security Working Group until December 31, 2018.
(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.
(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.
(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 "34-hour restart requirement." 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 "restart" in a 168-hour period.)
(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.
(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.
Repeals a provision that limits funding for the U.S. Merchant Marine Academy until a spending plan is submitted to Congress.
(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.)
(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.
(Sec. 185) Provides emergency appropriations for the Emergency Watershed Protection Program and the Emergency Conservation Program.
(Sec. 186) Provides emergency appropriations to NASA for repairs to facilities damaged by Hurricane Matthew.
(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.
(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.
(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.
(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.
(Sec. 191) Provides emergency appropriations for the Federal Highway Administration's Emergency Relief Program.
(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.
(Sec. 193) Provides additional appropriations to the Food and Drug Administration (FDA) for the FDA Innovation Account authorized by the 21st Century Cures Act.
(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.
(Sec. 195) Provides additional appropriations to HHS for opioid abuse prevention and treatment activities.
(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.
(Sec. 197) Provides additional funding for the EPA's Water Infrastructure Finance and Innovation Program Account to provide loans for water infrastructure projects.
(Sec. 198) Provides additional funding to HHS to establish a lead exposure registry and lead exposure advisory committee.
(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.
(Sec. 200) Provides appropriations to HHS for the Healthy Start Initiative to reduce the rate of infant mortality and improve perinatal outcomes.
(Sec. 201) Rescinds specified funds from the Children's Health Insurance Program State Allotments.
Security Assistance Appropriations Act, 2017
DIVISION B-- SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017
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.
TITLE I--DEPARTMENT OF DEFENSE
Provides FY2017 appropriations to the Department of Defense (DOD) to support counterterrorism operations and the European Reassurance Initiative.
Provides appropriations to DOD for:
Military Personnel;
Operation and Maintenance;
the Iraq Train and Equip Fund;
Procurement;
Research, Development, Test And Evaluation; and
the Joint Improvised Explosive Device Defeat Fund.
TITLE II--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Provides appropriations to the State Department to:
counter the Islamic State of Iraq and the Levant (ISIL) and other terrorist organizations;
address the needs of populations impacted by terrorist groups;
document and investigate war crimes and crimes against humanity in Iraq and Syria;
meet operational and security needs at U.S. diplomatic facilities overseas;
increase overseas refugee and humanitarian assistance;
counter violent extremism; and
counter Russian influence and aggression.
Provides appropriations for the Administration of Foreign Affairs, including:
Diplomatic and Consular Programs;
the Office of Inspector General; and
Embassy Security, Construction, and Maintenance.
Provides appropriations to the U.S. Agency for International Development for:
Operating Expenses,
the Capital Investment Fund, and
the Office of Inspector General.
Provides appropriations for Bilateral Economic Assistance, including:
International Disaster Assistance;
Transition Initiatives;
the Economic Support Fund;
Assistance For Europe, Eurasia and Central Asia; and
Migration and Refugee Assistance.
Provides appropriations for International Security Assistance, including:
International Narcotics Control and Law Enforcement;
Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
Peacekeeping Operations; and
the Foreign Military Financing Program.
(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.
(Sec. 202) Requires the State Department or the USAID, as appropriate, to notify Congress before obligating certain funds provided by this title.
(Sec. 203) Specifies authorities and restrictions for transferring certain funds provided by this title.
(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.
(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.
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.
(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.
Highlights:
The Energy and Water Development and Related Agencies Appropriations Act, 2017 provides FY2017 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.
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.
Within the DOE budget, the bill increases funding for Science and the National Nuclear Security Administration.
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.
Also included in the bill is a provision restricting the Corps of Engineers from advancing regulations changing the definition of "fill material" or "discharge of fill material" under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
Full Summary:
Energy and Water Development and Related Agencies Appropriations Act, 2017
TITLE I--CORPS OF ENGINEERS--CIVIL
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.
Provides appropriations to the Corps of Engineers for:
Investigations;
Construction;
Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri;
Operation and Maintenance;
the Regulatory Program pertaining to navigable waters and wetlands;
the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination;
Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters;
Expenses necessary for the supervision and general administration of the civil works program; and
the Office of the Assistant Secretary of the Army for Civil Works.
(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.
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.
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.
(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.
(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 "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
(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.
(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.
(Sec. 106) Requires specified Operation and Maintenance funds to be used for Upper Missouri River Basin flood and drought monitoring.
(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.
TITLE II--DEPARTMENT OF THE INTERIOR
Provides appropriations to the Department of the Interior for the Central Utah Project.
Provides appropriations to the Bureau of Reclamation for:
Water and Related Resources,
the Central Valley Project Restoration Fund,
California Bay-Delta Restoration, and
Policy and Administration.
Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.
(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.
Requires the Bureau of Reclamation to submit quarterly reports to Congress detailing funds that have been reprogrammed.
(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.
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.
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.
(Sec. 203) Amends the Calfed Bay-Delta Authorization Act to extend the authorization through 2019.
(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
(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.
(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.
TITLE III--DEPARTMENT OF ENERGY
Provides appropriations to the Department of Energy (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 (SPR),
the Northeast Home Heating Oil Reserve,
the Energy Information Administration,
Non-Defense Environmental Cleanup,
the Uranium Enrichment Decontamination and Decommissioning Fund,
Science,
the Advanced Research Projects Agency-Energy,
the Office of Indian Energy,
the Tribal Energy Loan Guarantee Program,
the Title 17 Innovative Technology Loan Guarantee Loan Program,
the Advanced Technology Vehicles Manufacturing Loan Program,
Departmental Administration, and
the Office of the Inspector General.
Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including for:
Weapons Activities,
Defense Nuclear Nonproliferation,
Naval Reactors, and
Federal Salaries and Expenses.
Provides appropriations for Environmental and Other Defense Activities, including:
Defense Environmental Cleanup,
Defense Uranium Enrichment Decontamination and Decommissioning, and
Other Defense Activities.
Provides appropriations for the Power Marketing Administrations, including:
the Bonneville Power Administration Fund;
Southeastern Power Administration Operation and Maintenance;
Southwestern Power Administration Operation and Maintenance;
Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and
the Falcon and Amistad Operating and Maintenance Fund.
Provides appropriations for the Federal Energy Regulatory Commission.
(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.
Permits unexpended balances of prior appropriations provided for activities in this bill to be transferred and merged with appropriations accounts established in this bill.
(Sec. 302) Rescinds specified unobligated balances from various DOE accounts.
(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.
(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.
(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.
(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.
(Sec. 307) Requires the Western Area Power Administration to report to Congress on the uses of certain termination clauses in power contracts.
TITLE IV--INDEPENDENT AGENCIES
Provides appropriations for 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 Nuclear Regulatory Commission (NRC), and
the Nuclear Waste Technical Review Board.
(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.
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.
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.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress.
(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.
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.
Highlights:
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.
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.
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.
Within the DOE budget, the bill
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
decreases funding below FY2015 levels for Non-Defense Environmental Cleanup and the Uranium Enrichment Decontamination and Decommissioning Fund.
The bill does not include FY2016 funding for Nuclear Waste Disposal and funds the Power Marketing Administrations at the FY2015 level.
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.
Also included in the bill is a provision restricting the Corps of Engineers from advancing regulations changing the definition of "fill material" under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
Full Summary:
Energy and Water Development and Related Agencies Appropriations Act, 2016
Provides FY2016 appropriations for energy and water development and related agencies.
TITLE I--CORPS OF ENGINEERS--CIVIL
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.
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.
(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.
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.
(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.
(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.
(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 "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
(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.
(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.
(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.
TITLE II--DEPARTMENT OF THE INTERIOR
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.
Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.
(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.
Requires the Bureau of Reclamation to submit quarterly reports to Congress detailing funds that have been reprogrammed.
(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.
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.
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.
(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.
(Sec. 204) Amends the Calfed Bay-Delta Authorization Act to extend the authorization through 2020.
(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.)
(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.
(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.
(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.
(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
TITLE III--DEPARTMENT OF ENERGY
Provides appropriations to the Department of Energy (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,
Strategic Petroleum Reserve (SPR),
Northeast Home Heating Oil Reserve,
Energy Information Administration,
Non-Defense Environmental Cleanup,
Uranium Enrichment Decontamination and Decommissioning Fund,
Science,
Advanced Research Projects Agency-Energy,
Title 17 Innovative Technology Loan Guarantee Loan Program,
Advanced Technology Vehicles Manufacturing Loan Program,
Departmental Administration, and
the Office of the Inspector General.
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.
Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities.
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.
Provides appropriations for the Federal Energy Regulatory Commission.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress.
(Sec. 308) Rescinds specified unobligated balances that were appropriated to DOE for Energy Programs and the Power Marketing Administrations for FY2005-FY2010.
(Sec. 309) Rescinds specified unobligated balances previously appropriated to DOE for the National Nuclear Security Administration.
(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.
(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.
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.
(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.
TITLE IV--INDEPENDENT AGENCIES
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.
(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.
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.
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.
(Sec. 402) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.
(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.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress.
(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.
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.
(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).
Highlights:
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.
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.
Within the DOE budget, the bill:
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
decreases funding below FY2015 levels for Energy Efficiency and Renewable Energy and Non-Defense Environmental Clean-Up.
The bill decreases funding below FY2015 levels for the Department of the Interior's Bureau of Reclamation.
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.
Full Summary:
Energy and Water Development and Related Agencies Appropriations Act, 2016
Provides FY2016 appropriations for energy and water development and related agencies.
TITLE I--CORPS OF ENGINEERS--CIVIL
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.
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.
(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.
Specifies exceptions and requires the Corps of Engineers to submit quarterly reports to Congress detailing all funds that have been reprogrammed.
(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.
(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.
(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 "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
(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.
(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.
(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.)
(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.
TITLE II--DEPARTMENT OF THE INTERIOR
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.
Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.
(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.
(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.
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.
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.
(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.
TITLE III--DEPARTMENT OF ENERGY
Provides appropriations to the Department of Energy (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,
Strategic Petroleum Reserve (SPR),
Northeast Home Heating Oil Reserve,
Energy Information Administration,
Non-Defense Environmental Cleanup,
Uranium Enrichment Decontamination and Decommissioning Fund,
Science,
Nuclear Waste Disposal,
Advanced Research Projects Agency-Energy (ARPA-E),
Title 17 Innovative Technology Loan Guarantee Loan Program,
Advanced Technology Vehicles Manufacturing Loan Program,
Departmental Administration, and
the Office of the Inspector General.
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.
Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities.
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.
Provides appropriations for the Federal Energy Regulatory Commission.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress.
(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.
(Sec. 310) Rescinds specified unobligated balances that were appropriated to DOE for FY2005-FY2010.
TITLE IV--INDEPENDENT AGENCIES
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.
(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress.
(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.
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.
(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).
(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.
(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.)
(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.)
(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.
(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.
(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.
(Sec. 510) Prohibits DOE from using funds provided by this bill for the proposed rule entitled "Standards Ceiling Fans and Ceiling Fan Light Kits."
(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.
(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.
(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.
(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).
(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.
(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.
(Sec. 517) Prohibits funds provided by this bill from being used for the removal of any federally owned or operated dam.
(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.
(Sec. 519) Prohibits funds provided by this bill from being used for DOE's proposed rule entitled "Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces."
(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.
(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.
(Sec. 522) Prohibits DOE from using fund provided by this bill to apply the report entitled "Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States" 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.
(Sec. 523) Prohibits funds provided by this bill from being used for DOE's Climate Model Development and Validation program.
(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.
(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.
(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.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Highlights:
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.
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.
Within the DOE budget, the bill:
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
decreases funding below FY2015 levels for Energy Efficiency and Renewable Energy and Non-Defense Environmental Clean-Up.
The bill decreases funding below FY2015 levels for the Department of the Interior's Bureau of Reclamation.
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.
Full Summary:
Energy and Water Development and Related Agencies Appropriations Act, 2016
Provides FY2016 appropriations for energy and water development and related agencies.
TITLE I--CORPS OF ENGINEERS--CIVIL
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.
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.
(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.
Specifies exceptions and requires the Corps of Engineers to submit quarterly reports to Congress detailing all funds that have been reprogrammed.
(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.
(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.
(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 "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
(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.
(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.
(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.)
(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.
TITLE II--DEPARTMENT OF THE INTERIOR
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.
Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.
(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.
(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.
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.
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.
(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.
TITLE III--DEPARTMENT OF ENERGY
Provides appropriations to the Department of Energy (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,
Strategic Petroleum Reserve (SPR),
Northeast Home Heating Oil Reserve,
Energy Information Administration,
Non-Defense Environmental Cleanup,
Uranium Enrichment Decontamination and Decommissioning Fund,
Science,
Nuclear Waste Disposal,
Advanced Research Projects Agency-Energy (ARPA-E),
Title 17 Innovative Technology Loan Guarantee Loan Program,
Advanced Technology Vehicles Manufacturing Loan Program,
Departmental Administration, and
the Office of the Inspector General.
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.
Provides appropriations to DOE for Environmental and Other Defense Activities for Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities.
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.
Provides appropriations for the Federal Energy Regulatory Commission.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress.
(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.
(Sec. 310) Rescinds specified unobligated balances that were appropriated to DOE for FY2005-FY2010.
TITLE IV--INDEPENDENT AGENCIES
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.
(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress.
(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.
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.
(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).
(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.
(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.)
(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.
Energy and Water Development and Related Agencies Appropriations Act, 2016
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.
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.
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.
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.
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.
Provides appropriations to DOE for Environmental and Other Defense Activities, including Defense Environmental Cleanup, Defense Uranium Enrichment Decontamination and Decommissioning, and Other Defense Activities.
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.
Rescinds specified amounts previously appropriated to the Department of Energy.
Provides appropriations to the Federal Energy Regulatory Commission.
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.
Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.
![Rep. Simpson, Michael K. [R-ID-2]](https://bioguide.congress.gov/bioguide/photo/S/S001148.jpg)
