[Congressional Record Volume 162, Number 177 (Thursday, December 8, 2016)]
[House]
[Pages H7498-H7526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2016
Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution
949, I call up the bill (H.R. 2028) making appropriations for energy
and water development and related agencies for the fiscal year ending
September 30, 2016, and for other purposes, with the Senate amendment
thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
Senate amendment:
Strike all after the enacting clause and insert the
following:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for energy and water
development and related agencies for the fiscal year ending
September 30, 2017, and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, design work, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects, and related
efforts; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$126,522,000, to remain available until expended.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
and aquatic ecosystem restoration projects, and related
projects authorized by law; for conducting detailed studies,
design work, and plans and specifications, of such projects
(including those involving participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such detailed studies, and plans
and specifications, shall not constitute a commitment of the
Government to construction); $1,813,649,000, to remain
available until expended; of which such sums as are necessary
to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities
program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such
sums as are necessary to cover one-half of the costs of
construction, replacement, rehabilitation, and expansion of
inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That funds made available
under this heading for shore protection may be prioritized
for projects in areas that have suffered severe beach erosion
requiring additional sand placement outside of the normal
beach renourishment cycle or in which the normal beach
renourishment cycle has been delayed.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$368,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, and aquatic ecosystem restoration projects, and
related projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $3,173,829,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Army Corps of Engineers established
by the Land and Water Conservation Fund Act of 1965 shall be
derived from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas managed by the Army Corps of
Engineers at which outdoor recreation is available; and of
which such sums as become available from fees collected under
section 217 of Public Law 104-303 shall be used to cover the
cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds
provided for each of the programs, projects, or activities
funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in
accordance with the amounts provided for the programs,
projects, or activities: Provided further, That of the funds
provided herein, for any Corps of Engineers project located
in a State in which a Bureau of Reclamation project is also
located, any non-Federal project regulated for flood control
by the Secretary of the Army located in a State in which a
Bureau of Reclamation project is also located, or any Bureau
of Reclamation facilities regulated for flood control by the
Secretary of the Army, the Secretary of the Army shall fund
all or a portion of the costs to review or revise operational
documents, including water control plans, water control
manuals, water control diagrams, release schedules, rule
curves, operational agreements with non-Federal entities, and
any associated environmental documentation.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$200,000,000, to remain available until September 30, 2018.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $103,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $30,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the Army Corps
of Engineers headquarters and the division offices; and for
costs allocable to the civil works program of management and
operation of the Humphreys Engineer Center Support Activity,
the Institute for Water Resources, the United States Army
Engineer Research and Development Center, and the United
States Army Corps of Engineers Finance Center, $180,000,000,
to remain available until September 30, 2018, of which not
more than $5,000 may be used for official reception and
representation purposes and only during the current fiscal
year: Provided, That no part of any other appropriation
provided in this title shall be available to fund such
activities in the Army Corps of Engineers headquarters and
division offices: Provided further, That any Flood Control
and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency
operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2018.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2017, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up
[[Page H7499]]
to $25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study, or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House
and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
(e) The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act
and the report of the Committee on Appropriations
accompanying this Act, including the determination and
designation of new starts.
(f) None of the funds made available in this title may be
used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts
may include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 102. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers civil
works projects.
Sec. 103. None of the funds made available in this or any
other Act making appropriations for Energy and Water
Development for any fiscal year may be used by the Corps of
Engineers during the fiscal year ending September 30, 2017,
to develop, adopt, implement, administer, or enforce any
change to the regulations in effect on October 1, 2012,
pertaining to the definitions of the terms ``fill material''
or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 104. None of the funds provided in this act may be
used for open lake disposal of dredged sediment in Lake Erie
unless such disposal meets water and environmental standards
agreed to by the administrator of a State's water permitting
agency and is consistent with a State's Coastal Zone
Management Plan. If this standard is not met, the Corps of
Engineers will maintain its long-standing funding obligations
for upland placement of dredged material with cost sharing as
specified in section 101 of the Water Resources Development
Act of 1986, Public Law 99-662, as amended by section 201 of
the Water Resources Development Act of 1196, Public Law 104-
303 (33 U.S.C. 2211) and section 217(d) of the Water
Resources Development Act of 1996, Public Law 104-303, as
amended by section 2005 of the Water Resources Development
Act of 2007, Public Law 110-300 (33 U.S.C. 2326a(d)).
Sec. 105. None of the funds made available by this title
may be used for any acquisition that is not consistent with
section 225.7007 of title 48, Code of Federal Regulations.
Sec. 106. Of the amounts made available under this title
for operation and maintenance, $2,000,000 shall be available
for Upper Missouri River Basin flood and drought monitoring
under section 4003(a) of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat. 1310).
Sec. 107. Section 2006 of the Water Resources Development
Act of 2007 (33 U.S.C. 2242) is amended--
(1) in subsection (a)(3), by inserting ``in which the
project is located or of a community that is located in the
region that is served by the project and that will rely on
the project'' after ``community''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or of a community that
is located in the region to be served by the project and that
will rely on the project'' after ``community'';
(B) in paragraph (4), by striking ``local population'' and
inserting ``regional population to be served by the
project''; and
(C) in paragraph (5), by striking ``community'' and
inserting ``local community or to a community that is located
in the region to be served by the project and that will rely
on the project''.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $10,000,000, to remain available
until expended, of which $1,300,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,350,000 shall be available until September 30,
2018, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2017, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,114,394,000, to remain available until
expended, of which $158,841,000 shall be available for
additional funding for work and are authorized to be used
consistent with activities described in the Commissioner's
transmittal to Congress dated February 8, 2016; $22,000 shall
be available for transfer to the Upper Colorado River Basin
Fund and $5,551,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such
amounts as may be necessary may be advanced to the Colorado
River Dam Fund: Provided, That such transfers may be
increased or decreased within the overall appropriation under
this heading: Provided further, That of the total
appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be
derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That of
the amounts provided herein, funds may be used for high-
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $55,606,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$36,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in
[[Page H7500]]
the five regions of the Bureau of Reclamation, to remain
available until September 30, 2018, $59,000,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any
other appropriation in this Act shall be available for
activities or functions budgeted as policy and administration
expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2017, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity unless the
program, project or activity has received no appropriated
funding for at least five fiscal years;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term transfer means
any movement of funds into or out of a program, project, or
activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the
funds reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment
of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Title I of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by
section 210 of Public Law 111-85, is amended by striking
``2017'' each place it appears and inserting ``2019''.
Sec. 204. Section 9504(e) of the Secure Water Act of 2009
(42 U.S.C. 10364(e)) is amended by striking ``$350,000,000''
and inserting ``$450,000,000, on the condition that of that
amount, $50,000,000 is used to carry out section 206 of the
Energy and Water Development and Related Agencies
Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-
235)''.
Sec. 205. Section 205 of the Energy and Water Development
and Related Agencies Appropriations Act, 2016 (Public Law
114-113; 129 Stat. 2242), is amended--
(1) in paragraph (2)--
(A) by striking ``feasibility studies described in clauses
(i)(II) and (ii)(I)'' and inserting ``feasibility study
described in clause (i)(II)''; and
(B) by striking ``such studies'' and inserting ``such
study'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) not later than November 30, 2017, complete and submit
to the appropriate committees of the House of Representatives
and the Senate the feasibility study described in section
103(d)(1)(A)(ii)(I) of the Calfed Bay-Delta Authorization Act
(Public Law 108-361; 118 Stat. 1684);''.
Sec. 206. (a) The Secretary of the Interior, in
coordination with the Secretary of the Army and the Secretary
of Agriculture, may enter into an agreement with the National
Academy of Sciences under which the National Academy of
Sciences shall conduct a comprehensive study, to be completed
not later than 1 year after the date of enactment of this
Act, on the effectiveness and environmental impact of salt
cedar control efforts (including biological control) in
increasing water supplies, restoring riparian habitat, and
improving flood management.
(b) Not later than 1 year after the date of completion of
the study under subsection (a), the Secretary of the
Interior, in coordination with the Secretary of Agriculture,
may prepare a plan for the removal of salt cedar from all
Federal land in the Lower Colorado River basin based on the
findings and recommendations of the study conducted by the
National Academy of Sciences that includes--
(1) provisions for revegetating Federal land with native
vegetation;
(2) provisions for adapting to the increasing presence of
biological control in the Lower Colorado River basin;
(3) provisions for removing salt cedar from Federal land
during post-wildfire recovery activities;
(4) strategies for developing partnerships with State,
tribal, and local governmental entities in the eradication of
salt cedar; and
(5) budget estimates and completion timelines for the
implementation of plan elements.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,073,000,000, to
remain available until expended: Provided, That of such
amount, $153,500,000 shall be available until September 30,
2018, for program direction: Provided further, That of such
amount $220,600,000 shall be available for the Weatherization
Assistance Program, of which $6,000,000 shall be derived by
transfer from the amount otherwise available for Building
Technologies: Provided further, That of such amount,
$95,400,000 shall be available for wind energy.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $206,000,000, to
remain available until expended: Provided, That of such
amount, $28,500,000 shall be available until September 30,
2018, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of no more than three
emergency service vehicles for replacement only,
$1,057,903,000, to remain available until expended:
Provided, That of such amount, the Secretary of Energy may
obligate up to $10,000,000 under existing authorities, for
contracting for the management of used nuclear fuel to which
the Secretary holds the title or has a contract to accept
title: Provided further, That of such amount, $80,000,000
shall be available until September 30, 2018, for program
direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $632,000,000, to remain available until
expended: Provided, That of the amount made available under
this heading in this Act, $60,000,000 shall be available
until September 30, 2018, for program direction.
[[Page H7501]]
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$14,950,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $200,000,000,
to remain available until expended. Provided, That as
authorized by section 404 of the Bipartisan Budget Act of
2015 (Public Law 114-74), the Secretary of the Department of
Energy shall drawdown and sell not to exceed $375,400,000 of
crude oil from the Strategic Petroleum Reserve in fiscal year
2017: Provided further, That the proceeds from such drawdown
and sale shall be deposited into the Energy Security and
Infrastructure Modernization Fund during fiscal year 2017 and
shall remain available until expended for necessary expenses
in carrying out construction, operations, maintenance,
repair, and replacement activities of the Strategic Petroleum
Reserve.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $6,500,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$122,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $255,000,000, to
remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $717,741,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $30,000,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 17 passenger motor
vehicles for replacement only, including one ambulance and
one bus, $5,400,000,000, to remain available until expended:
Provided, That of such amount, $191,500,000 shall be
available until September 30, 2018, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $325,000,000, to remain
available until expended: Provided, That of such amount,
$29,250,000 shall be available until September 30, 2018, for
program direction.
Office of Indian Energy
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $20,000,000, to
remain available until expended: Provided, That, of the
amount appropriated under this heading, $4,800,000 shall be
available until September 30, 2018, for program direction.
Tribal Energy Loan Guarantee Program
For the cost of loan guarantees provided under section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)),
$8,500,000, to remain available until expended: Provided,
That the cost of those loan guarantees (including the costs
of modifying loans, as applicable) shall be determined in
accordance with section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a): Provided further, That, for
necessary administrative expenses to carry out that program,
$500,000 is appropriated, to remain available until expended:
Provided further, That, of the subsidy amounts provided by
section 1425 of the Department of Defense and Full-Year
Continuing Appropriations Act, 2011 (Public Law 112-10; 125
Stat. 126), for the cost of loan guarantees for renewable
energy or efficient end-use energy technologies under section
1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513),
$9,000,000 is permanently canceled.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan
Guarantee program, $37,000,000 is appropriated from fees
collected in prior years pursuant to section 1702(h) of the
Energy Policy Act of 2005 which are not otherwise
appropriated, to remain available until September 30, 2018:
Provided further, That if the amount in the previous proviso
is not available from such fees, an amount for such purposes
is also appropriated from the general fund so as to result in
a total amount appropriated for such purpose of no more than
$37,000,000: Provided further, That fees collected pursuant
to such section 1702(h) for fiscal year 2017 shall be
credited as offsetting collections under this heading and
shall not be available until appropriated: Provided further,
That the Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation
of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $5,000,000, to remain available
until September 30, 2018.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $232,142,000, to remain available until
September 30, 2018, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $103,000,000 in fiscal year 2017
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2017 appropriation from the
general fund estimated at not more than $129,142,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $44,424,000, to remain available until
September 30, 2018.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $9,285,147,000, to
remain available until expended: Provided, That of such
amount, $106,600,000 shall be available until September 30,
2018, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,821,916,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,351,520,000, to remain
available until expended: Provided, That of such amount,
$47,100,000 shall be available until September 30, 2018, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $408,603,000,
to remain available until September 30, 2018, including
official reception and representation expenses not to exceed
$12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the
[[Page H7502]]
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed one fire
apparatus pumper truck, one aerial lift truck, one refuse
truck, and one semi-truck for replacement only,
$5,379,018,000, to remain available until expended:
Provided, That of such amount $290,050,000 shall be available
until September 30, 2018, for program direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense
environmental cleanup activities for Department of Energy
contributions for uranium enrichment decontamination and
decommissioning activities, $717,741,000, to be deposited
into the Defense Environmental Cleanup account which shall be
transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $791,552,000, to remain available until
expended: Provided, That of such amount, $258,061,000 shall
be available until September 30, 2018, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year
2017, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $1,000,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $1,000,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2017
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$60,760,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $45,643,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $34,586,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2017 appropriation estimated at
not more than $11,057,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $73,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $307,144,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $299,742,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $211,563,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2017 appropriation estimated at
not more than $95,581,000, of which $88,179,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $367,009,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,070,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $3,838,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2017 appropriation estimated at
not more than $232,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2017, the
Administrator of the Western Area Power Administration may
accept up to $323,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided
further, That any such funds shall be available without
further appropriation and without fiscal year limitation for
use by the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $346,800,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $346,800,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2017 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2017 so as to result
in a final fiscal year 2017 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both
[[Page H7503]]
Houses of Congress at least 3 full business days in advance,
none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report of the Committee on
Appropriations accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of
any proposed reprogramming that would cause any program,
project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. (a) Unobligated balances available from
appropriations are hereby permanently rescinded from the
following accounts of the Department of Energy in the
specified amounts:
(1) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Weapons Activities'', $50,400,000.
(2) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Defense Nuclear Nonproliferation'',
$14,000,000.
(3) ``Energy Program--Fossil Energy Research and
Development'', $240,000,000.
(4) ``Energy Program--Title 17 Innovative Technology Loan
Guarantee Program'', $9,500,000.
(5) ``Energy Program--Energy Efficiency and Renewable
Energy'', $20,600,000.
(6) ``Energy Program--Nuclear Energy'', $231,000.
(7) ``Energy Program--Strategic Petroleum Reserve'',
$150,000.
(8) ``Energy Program--Naval Petroleum and Oil Shale
Reserves'', $150,000.
(9) ``Energy Program--Science'', $1,700,000.
(b) No amounts may be rescinded by this section from
amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 303. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2017 until the enactment of the Intelligence
Authorization Act for fiscal year 2017.
Sec. 304. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 305. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 306. (a) Definitions.--In this section:
(1) Affected indian tribe.--The term ``affected Indian
tribe'' has the meaning given the term in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Nuclear waste fund.--The term ``Nuclear Waste Fund''
means the Nuclear Waste Fund established under section 302(c)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Pilot Program.--Notwithstanding any provision of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.),
the Secretary is authorized, in the current fiscal year and
subsequent fiscal years, to conduct a pilot program, through
1 or more private sector partners, to license, construct, and
operate 1 or more government or privately owned consolidated
storage facilities to provide interim storage as needed for
spent nuclear fuel and high-level radioactive waste, with
priority for storage given to spent nuclear fuel located on
sites without an operating nuclear reactor.
(c) Requests for Proposals.--Not later than 120 days after
the date of enactment of this Act, the Secretary shall issue
a request for proposals for cooperative agreements--
(1) to obtain any license necessary from the Nuclear
Regulatory Commission for the construction of 1 or more
consolidated storage facilities;
(2) to demonstrate the safe transportation of spent nuclear
fuel and high-level radioactive waste, as applicable; and
(3) to demonstrate the safe storage of spent nuclear fuel
and high-level radioactive waste, as applicable, at the 1 or
more consolidated storage facilities pending the construction
and operation of deep geologic disposal capacity for the
permanent disposal of the spent nuclear fuel.
(d) Consent-Based Approval.--Prior to siting a consolidated
storage facility pursuant to this section, the Secretary
shall enter into an agreement to host the facility with--
(1) the Governor of the State;
(2) each unit of local government within the jurisdiction
of which the facility is proposed to be located; and
(3) each affected Indian tribe.
(e) Applicability.--In executing this section, the
Secretary shall comply with--
(1) all licensing requirements and regulations of the
Nuclear Regulatory Commission; and
(2) all other applicable laws (including regulations).
(f) Pilot Program Plan.--Not later than 120 days after the
date on which the Secretary issues the request for proposals
under subsection (c), the Secretary shall submit to Congress
a plan to carry out this section that includes--
(1) an estimate of the cost of licensing, constructing, and
operating a consolidated storage facility, including the
transportation costs, on an annual basis, over the expected
lifetime of the facility;
(2) a schedule for--
(A) obtaining any license necessary to construct and
operate a consolidated storage facility from the Nuclear
Regulatory Commission;
(B) constructing the facility;
(C) transporting spent fuel to the facility; and
(D) removing the spent fuel and decommissioning the
facility; and
(3) an estimate of the cost of any financial assistance,
compensation, or incentives proposed to be paid to the host
State, Indian tribe, or local government;
(4) an estimate of any future reductions in the damages
expected to be paid by the United States for the delay of the
Department of Energy in accepting spent fuel expected to
result from the pilot program;
(5) recommendations for any additional legislation needed
to authorize and implement the pilot program; and
(6) recommendations for a mechanism to ensure that any
spent nuclear fuel or high-level radioactive waste stored at
a consolidated storage facility pursuant to this section
shall move to deep geologic disposal capacity, following a
consent-based approval process for that deep geologic
disposal capacity consistent with subsection (d), within a
reasonable time after the issuance of a license to construct
and operate the consolidated storage facility.
(g) Public Participation.--Prior to choosing a site for the
construction of a consolidated storage facility under this
section, the Secretary
[[Page H7504]]
shall conduct 1 or more public hearings in the vicinity of
each potential site and in at least 1 other location within
the State in which the site is located to solicit public
comments and recommendations.
(h) Use of Nuclear Waste Fund.--The Secretary may make
expenditures from the Nuclear Waste Fund to carry out this
section, subject to appropriations.
Sec. 307. (a) Not later than 30 days after the date of
enactment of this Act, the Administrator of the Western Area
Power Administration shall submit to the appropriate
committees of Congress a report that--
(1) examines the use of a provision described in subsection
(b) in any power contracts of the Western Area Power
Administration that were executed before or on the date of
enactment of this Act; and
(2) explains the circumstances for not including a
provision described in subsection (b) in power contracts of
the Western Area Power Administration executed before or on
the date of enactment of this Act.
(b) A provision referred to in subsection (a) is a
termination clause described in section 11 of the general
power contract provisions of the Western Power
Administration, effective September 1, 2007.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $151,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until
September 30, 2018.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $25,000,000,
to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$15,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects in an amount not
to exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities:
Provided further, That, notwithstanding any other provision
of law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall
be available for the payment of such a non-Federal share for
programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $10,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $939,000,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $7,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2018, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$822,240,000 in fiscal year 2017 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That of the amounts
appropriated under this heading, not less than $5,000,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear reactor
technologies, and $5,000,000 of that amount shall not be
available from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2017 so as to result in a final fiscal year 2017
appropriation estimated at not more than $116,760,000:
Provided further, That of the amounts appropriated under this
heading, not less than $543,000 shall be used to implement
the requirements of the Digital Accountability and
Transparency Act of 2014 (Public Law 113-101; 128 Stat.
1146).
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $12,129,000, to remain available until September 30,
2018: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $10,044,000 in fiscal year 2017 shall be
retained and be available until September 30, 2018, for
necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2017 so as to result in a final fiscal year 2017
appropriation estimated at not more than $2,085,000:
Provided further, That of the amounts appropriated under this
heading, $969,000 shall be for Inspector General services for
the Defense Nuclear Facilities Safety Board, which shall not
be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2018.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in (a) if compliance with such
requirement would pose a substantial risk to human health,
the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the report accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report of the Committee on Appropriations accompanying this
Act, or any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
[[Page H7505]]
This Act may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2017''.
Motion Offered by Mr. Rogers of Kentucky
Mr. ROGERS of Kentucky. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Rogers of Kentucky moves that the House concur in the
Senate amendment to H.R. 2028 with an amendment consisting of
the text of Rules Committee Print 114-70 modified by the
amendment printed in House Report 114-849.
The text of the House amendment to the Senate amendment to the text
is as follows:
In lieu of the matter proposed to be inserted by the
Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited the ``Further Continuing and Security
Assistance Appropriations Act, 2017''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Availability of funds.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017
DIVISION B--SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of State, Foreign Operations, and
Related Agencies
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in division B of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act, or in an amendment
made by this Act, by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available only
if the President subsequently so designates all such amounts
and transmits such designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently
so designates all such amounts and transmits such
designations to the Congress.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017
Sec. 101. The Continuing Appropriations Act, 2017
(division C of Public Law 114-223) is amended by--
(1) striking the date specified in section 106(3) and
inserting ``April 28, 2017'';
(2) striking ``0.496 percent'' in section 101(b) and
inserting ``0.1901 percent''; and
(3) inserting after section 145 the following new sections:
``Sec. 146. Amounts made available by section 101 for
`Department of Agriculture--Farm Service Agency--Agricultural
Credit Insurance Fund Program Account' may be apportioned up
to the rate for operations necessary to fund loans for which
applications are approved.
``Sec. 147. Amounts made available by section 101 for
`Department of Agriculture--Food and Nutrition Service--Child
Nutrition Programs' to carry out section 749(g) of the
Agriculture Appropriations Act of 2010 (Public Law 111-80)
may be apportioned up to the rate for operations necessary to
ensure that the program can be fully operational by May,
2017.
``Sec. 148. Section 26(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769g(d)) is amended in
the first sentence by striking `2010 through 2016' and
inserting `2010 through 2017'.
``Sec. 149. Amounts made available by section 101 for
`Department of Agriculture--Rural Utilities Service' may be
transferred between appropriations under such heading as
necessary for the cost of direct telecommunications loans
authorized by section 305 of the Rural Electrification Act of
1936 (7 U.S.C. 935).
``Sec. 150. Amounts made available by Section 101 for
`Department of Agriculture--Rural Housing Service--Rural
Housing Insurance Fund Program Account' for the section 538
Guaranteed Multi-Family Housing Loan Program may be
apportioned up to the rate necessary to fund loans for which
applications are approved.
``Sec. 151. Amounts made available by section 101 for
`Department of Commerce--National Oceanic and Atmospheric
Administration--Procurement, Acquisition and Construction'
may be apportioned up to the rate for operations necessary to
maintain the planned launch schedules for the Joint Polar
Satellite System.
``Sec. 152. Amounts made available by section 101 for
`Department of Commerce--Bureau of the Census--Periodic
Censuses and Programs' may be apportioned up to the rate for
operations necessary to maintain the schedule and deliver the
required data according to statutory deadlines in the 2020
Decennial Census Program.
``Sec. 153. Amounts made available by section 101 for
`National Aeronautics and Space Administration--Exploration'
may be apportioned up to the rate for operations necessary to
maintain the planned launch capability schedules for the
Space Launch System launch vehicle, Exploration Ground
Systems, and Orion Multi-Purpose Crew Vehicle programs.
``Sec. 154. In addition to the amount otherwise provided
by section 101, and notwithstanding section 104 and section
109, for `Department of Justice--State and Local Law
Enforcement Activities--Office of Justice Programs--State and
Local Law Enforcement Assistance', there is appropriated
$7,000,000, for an additional amount for the Edward Byrne
Memorial Justice Assistance Grant program for the purpose of
providing reimbursement of extraordinary law enforcement
overtime costs directly and solely associated with protection
of the President-elect incurred from November 9, 2016 until
the inauguration of the President-elect as President:
Provided, That reimbursement shall be provided only for
overtime costs that a State or local law enforcement agency
can document as being over and above normal law enforcement
operations and directly attributable to security for the
President-elect.
``Sec. 155. Notwithstanding sections 101, 102, and 104 of
this Act, from within amounts provided for `Department of
Defense--Procurement--Shipbuilding and Conversion, Navy',
funds are provided for `Ohio Replacement Submarine (AP)' at a
rate for operations of $773,138,000.
``Sec. 156. (a) Notwithstanding sections 102 and 104 of
this Act, amounts made available pursuant to section 101 may
be used for multiyear procurement contracts, including
advance procurement, for the AH-64E Attack Helicopter and the
UH-60M Black Hawk Helicopter.
``(b) The Secretary of the Army may exercise the authority
conferred in subsection (a) notwithstanding subsection (i)(1)
of section 2306b of title 10, United States Code, until the
date of enactment of an Act authorizing appropriations for
fiscal year 2017 for military activities of the Department of
Defense, subject to satisfaction of all other requirements of
such section 2306b.
``Sec. 157. Notwithstanding section 102, funds made
available pursuant to section 101 for `Department of
Defense--Procurement--Aircraft Procurement, Air Force' are
provided for the KC-46A Tanker up to the rate for operations
necessary to support the production rate specified in the
President's fiscal year 2017 budget request.
``Sec. 158. Notwithstanding section 101, section 301(d) of
division D of Public Law 114-113 shall not apply to amounts
made available by this Act for `Department of Energy--Atomic
Energy Defense Activities--National Nuclear Security
Administration--Weapons Activities': Provided, That the
Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 15 days after funds made available by this Act
for such account are allotted to a Department of Energy
program, project, or activity at a rate for operations that
differs from that provided under such heading in division D
of Public Law 114-113 by more than $5,000,000 or 10 percent.
``Sec. 159. As authorized by section 404 of the Bipartisan
Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note),
the Secretary of Energy shall draw down and sell not to
exceed $375,400,000 of crude oil from the Strategic Petroleum
Reserve in fiscal year 2017: Provided, That the proceeds from
such drawdown and sale shall be deposited into the `Energy
Security and Infrastructure Modernization Fund' (in this
section referred to as the `Fund') during fiscal year 2017:
Provided further, That in addition to amounts otherwise made
available by section 101, and notwithstanding section 104,
any amounts deposited in the Fund shall be made available and
shall remain available until expended at a rate for
operations of $375,400,000, for necessary expenses in
carrying out the Life Extension II project for the Strategic
Petroleum Reserve.
``Sec. 160. (a) Notwithstanding section 101, amounts are
provided for `Department of Energy--Energy Programs--Uranium
Enrichment Decontamination and Decommissioning Fund' at a
rate for operations of $767,014,000: Provided, That such
amounts may not be reprogrammed below the levels provided in
the table referred to in section 301(d) of division D of
Public Law 114-113.
``(b) As of the date of the enactment of this section,
section 123 of this Act shall not be in effect.
``Sec. 161. In addition to amounts provided by section
101, amounts are provided for `General Services
Administration--Allowances and Office Staff for Former
Presidents' for the pension of the outgoing President at a
rate for operations of $157,000.
``Sec. 162. (a) Short Title.--This section may be cited as
the `SOAR Funding Availability Act'.
``(b) Requiring Use of Funds Remaining Unobligated From
Previous Fiscal Years.--Section 3007 of the Scholarships for
Opportunity and Results Act (sec. 38-1853.07, D.C. Official
Code) is amended by adding at the end the following:
`` `(e) Requiring Use Of Funds Remaining Unobligated From
Previous Fiscal Years.--
`` `(1) In general.--To the extent that any funds
appropriated for the opportunity scholarship program under
this division for any fiscal year remain available for
subsequent fiscal years under section 3014(c), the Secretary
shall make such funds available to eligible entities
receiving grants under section
[[Page H7506]]
3004(a) for the uses described in paragraph (2)--
`` `(A) in the case of any remaining funds that were
appropriated before the date of enactment of the SOAR Funding
Availability Act, beginning on the date of enactment of such
Act; and
`` `(B) in the case of any remaining funds appropriated on
or after the date of enactment of such Act, by the first day
of the first subsequent fiscal year.
`` `(2) Use of funds.--If an eligible entity to which the
Secretary provided additional funds under paragraph (1)
elects to use such funds during a fiscal year, the eligible
entity shall use--
`` `(A) not less than 95 percent of such additional funds
to provide additional scholarships for eligible students
under subsection (a), or to increase the amount of the
scholarships, during such year; and
`` `(B) not more than a total of 5 percent of such
additional funds for administrative expenses, parental
assistance, or tutoring, as described in subsections (b),
(c), and (d), during such year.
`` `(3) Special rule.--Any amounts made available for
administrative expenses, parental assistance, or tutoring
under paragraph (2)(B) shall be in addition to any other
amounts made available for such purposes in accordance with
subsections (b), (c), and (d).'.
``(c) Availability of Funds.--Section 3014 of such Act
(sec. 38-1853.14, D.C. Official Code) is amended by adding at
the end the following:
`` `(c) Availability.--Amounts appropriated under
subsection (a)(1), including amounts appropriated and
available under such subsection before the date of enactment
of the SOAR Funding Availability Act, shall remain available
until expended.'.
``(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section.
``Sec. 163. Amounts made available by section 101 for
`U.S. Customs and Border Protection--Operations and Support',
`U.S. Immigration and Customs Enforcement--Operations and
Support', `Transportation Security Administration--Operations
and Support', and `United States Secret Service--Operations
and Support' accounts of the Department of Homeland Security
shall be apportioned at a rate for operations as necessary,
and apportioned to provide staffing levels as necessary, to
ensure border security, fulfill immigration enforcement
priorities, maintain aviation security activities, and carry
out the mission associated with the protection of the
President-elect.
``Sec. 164. Amounts made available by section 101 for
`National Gallery of Art--Salaries and Expenses' may be
apportioned up to the rate for operations necessary to
provide for staffing, maintenance, security, and
administrative expenses for the recently reopened galleries.
``Sec. 165. Amounts made available by section 101 for
`Smithsonian Institution--Salaries and Expenses' may be
apportioned up to the rate for operations necessary to
provide for facilities maintenance, facilities operations,
security, and support at the National Museum of African
American History and Culture.
``Sec. 166. Amounts made available by section 101 for
`Department of Health and Human Services--Indian Health
Service--Indian Health Services' and for `Department of
Health and Human Services--Indian Health Service--Indian
Health Facilities', respectively, may be apportioned up to
the rate for operations necessary to provide for costs of
staffing and operating newly constructed facilities.
``Sec. 167. Miners Health Benefits.--
``(a) In General.--This section may be cited as the
`Continued Health Benefits for Miners Act'.
``(b) Inclusion of Certain Retirees in the Multiemployer
Health Benefit Plan.--Section 402(h)(2)(C) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(h)(2)(C)) is amended--
``(1) by striking `A transfer' and inserting the following:
`` `(i) Transfer to the plan.--A transfer';
``(2) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and moving such subclauses 2 ems
to the right; and
``(3) by striking the matter following such subclause (II)
(as so redesignated) and inserting the following:
`` `(ii) Calculation of excess.--The excess determined
under clause (i) shall be calculated--
`` `(I) except as provided in subclause (II), by taking
into account only those beneficiaries actually enrolled in
the Plan as of December 31, 2006, who are eligible to receive
health benefits under the Plan on the first day of the
calendar year for which the transfer is made; and
`` `(II) for purposes of the transfer made for fiscal year
2017, as if, for the period beginning January 1, 2017, and
ending April 30, 2017, only--
`` `(aa) those beneficiaries actually enrolled in the Plan
as of the date of the enactment of the Continued Health
Benefits for Miners Act who are eligible to receive health
benefits under the Plan on January 1, 2017, other than those
beneficiaries enrolled in the Plan under the terms of a
participation agreement with the current or former employer
of such beneficiaries; and
`` `(bb) those beneficiaries whose health benefits, defined
as those benefits payable directly following death or
retirement or upon a finding of disability by an employer in
the bituminous coal industry under a coal wage agreement (as
defined in section 9701(b)(1) of the Internal Revenue Code of
1986), would be denied or reduced as a result of a bankruptcy
proceeding commenced in 2012 or 2015,
were taken into account, and for any other period during such
fiscal year, only the beneficiaries described in subclause
(I) were taken into account.
`` `(iii) Eligibility of certain retirees.--Individuals
referred to in clause (ii)(II)(bb) shall be treated as
eligible to receive health benefits under the Plan for the
plan year that includes January 1, 2017.
`` `(iv) Requirements for transfer.--The amount of the
transfer otherwise determined under this subparagraph for
fiscal year 2017 shall be reduced by any amount transferred
for the fiscal year to the Plan, to pay benefits required
under the Plan, from a voluntary employees' beneficiary
association established as a result of a bankruptcy
proceeding described in clause (ii)(II).
`` `(v) VEBA transfer.--The administrator of such voluntary
employees' beneficiary association shall transfer to the Plan
any amounts received as a result of such bankruptcy
proceeding, reduced by an amount for administrative costs of
such association.'.
``(c) Preservation of Payments to States and Indian
Tribes.--Subparagraph (B) of section 402(i)(3) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(i)(3)) is amended--
``(1) by striking `so that' and inserting `under paragraph
(1) so that';
``(2) by striking `each transfer' in clause (i) and
inserting `each such transfer'; and
``(3) by striking `this subsection' in clause (iii) and
inserting `paragraph (1)'.
``(d) Budgetary Effects.--
``(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
``(2) Senate paygo scorecards.--The budgetary effects of
this section shall not be entered on any PAYGO scorecard
maintained for purposes of section 201 of S. Con. Res. 21
(110th Congress).
``(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this section shall not be
estimated--
``(A) for purposes of section 251 of such Act; and
``(B) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
``Sec. 168. Notwithstanding section 111, the fourth
proviso under the heading `Department of Labor--Office of
Workers' Compensation Programs--Special Benefits' shall be
applied by substituting `$66,675,000' for `$62,170,000',
`$22,740,000' for `$21,140,000', `$16,866,000' for
`$16,668,000' and `$4,101,000' for `$1,394,000'.
``Sec. 169. Section 458(a)(4) of the Higher Education Act
of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied by
substituting `2017' for `2016'.
``Sec. 170. (a) Notwithstanding any other provision of law,
the Secretary of Health and Human Services (referred to in
this section as the `Secretary') may transfer up to
$300,000,000 from the Fund established by section 223 of the
Department of Health and Human Services Appropriations Act,
2008 (42 U.S.C. 3514a) to `Department of Health and Human
Services--Administration for Children and Families--Refugee
and Entrant Assistance' only for activities authorized under
section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279) and section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232): Provided, That such funds transferred shall not be
available for obligation prior to February 1, 2017.
``(b) In addition to amounts provided by subsection (a), if
after March 1, 2017, and before the date specified in section
106(3), the Secretary, in consultation with the Secretary of
Homeland Security, determines that the percentage increase in
the cumulative number of cases transferred to the custody of
the Secretary pursuant to such sections 462 and 235 for the
current fiscal year over the number transferred through the
comparable date in the previous fiscal year exceeds 40
percent, an amount not to exceed $200,000,000 may be made
available to `Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance' only for activities authorized under such
sections 462 and 235.
``(c) The Committees on Appropriations of the House of
Representatives and the Senate shall be notified at least 15
days in advance of any funds being made available under
subsection (a).
``(d) Of the unobligated balances available in the Fund
established by section 223 of the Department of Health and
Human Services Appropriations Act, 2008 (42 U.S.C. 3514a),
$100,000,000 is hereby rescinded.
``Sec. 171. Notwithstanding any other provision of this
Act, within 10 days of the enactment of this section, the
Secretary of Health and Human Services shall transfer funds
appropriated for fiscal year 2017 under section 4002 of
Public Law 111-148 (42 U.S.C. 300u-11) to the accounts
specified, in the
[[Page H7507]]
amounts specified, and for the activities specified in
subsection (a) of section 221 of division H of Public Law
114-113, except that the Secretary shall adjust the amounts
transferred to the Centers for Disease Control and Prevention
under this section to result in a total amount transferred to
such agency under this section that is $1,000,000 less than
the total amount transferred to such agency under such
section 221: Provided, That subsections (b) and (c) of such
section 221 shall apply to amounts transferred under this
section.
``Sec. 172. The fifth proviso under the heading `Social
Security Administration--Limitation on Administrative
Expenses' in division H of Public Law 114-113 shall be
applied during the period covered by this Act by substituting
`shall be used for activities to address the hearing backlog
within the Office of Disability Adjudication and Review' for
`shall be for necessary expenses for the renovation and
modernization of the Arthur J. Altmeyer Building'.
``Sec. 173. Activities authorized under part A of title IV
and section 1108(b) of the Social Security Act (except for
activities authorized in section 403(b)) shall continue
through the date specified in section 106(3) of this Act in
the manner authorized for fiscal year 2016, and out of any
money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose.
``Sec. 174. The Secretary of Health and Human Services may
use discretionary amounts appropriated in this Act for the
Department of Health and Human Services to carry out section
399V-6 of the Public Health Service Act (42 U.S.C. 280g-17).
``Sec. 175. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4501)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2017.
``Sec. 176. Transfer of O'Neill Building to House of
Representatives.--(a) Transfer.--Effective upon the
expiration of the 180-day period that begins on the date of
the enactment of this section--
``(1) the building described in subsection (e) shall become
an office building of the House of Representatives;
``(2) the Administrator of General Services shall transfer
custody, control, and administrative jurisdiction over the
building to the Architect of the Capitol; and
``(3) the Architect of the Capitol shall exercise custody,
control, and administrative jurisdiction over the building
subject to the direction of the House Office Building
Commission.
``(b) Treatment as House Office Building and Part of
Capitol Grounds.--Upon the transfer of custody, control, and
administrative jurisdiction under subsection (a), the
building and grounds described in subsection (e) shall be
treated as a House Office Building and as part of the United
States Capitol Grounds for purposes of all laws, rules, and
regulations applicable to the House Office Buildings and the
Capitol Grounds, including--
``(1) chapter 51 of title 40, United States Code (relating
to the administration of the United States Capitol Buildings
and Grounds); and
``(2) section 9 of the Act entitled `An Act to define the
area of the United States Capitol Grounds, to regulate the
use thereof, and for other purposes', approved July 31, 1946
(2 U.S.C. 1961) (relating to the authority of the United
States Capitol Police to police the United States Capitol
Buildings and Grounds).
``(c) Authority of Architect of the Capitol to Enter Into
Leases and Other Agreements With Federal Departments and
Agencies for Use of Building.--
``(1) Authority described.--The Architect of the Capitol is
authorized to enter into leases and other agreements with
departments and agencies of the Federal Government for the
use of the building described in subsection (e) (or portions
thereof), subject to the approval of the House Office
Building Commission.
``(2) Collection of payments.--Pursuant to a lease or other
agreement entered into between the Architect of the Capitol
and a department or agency of the Federal Government under
the authority described in paragraph (1), the Architect of
the Capitol is authorized to collect payments from such
department or agency and such department or agency is
authorized to make payments to the Architect of the Capitol,
including payments of commercially-equivalent rent.
``(3) Treatment of payments.--Any payments received by the
Architect of the Capitol pursuant to any lease or other
agreement entered into under this subsection shall be
deposited to the appropriation available to the Architect of
the Capitol from the House Office Buildings Fund established
under subsection (d) and shall be subject to future
appropriation.
``(d) House Office Buildings Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund to be known as the `House Office
Buildings Fund' (hereafter in this section referred to as the
`Fund').
``(2) Contents of fund.--The Fund shall consist of the
following amounts:
``(A) Amounts transferred by the Architect of the Capitol
under paragraph (3) of subsection (c).
``(B) Interest earned on the balance of the Fund.
``(C) Such other amounts as may be appropriated by law.
``(3) Use of fund.--Amounts in the Fund shall be available
to the Architect of the Capitol for the maintenance, care,
and operation of the House office buildings, and may be used
to reimburse the United States Capitol Police, the House of
Representatives, or any other office of the legislative
branch which provides goods or services for the maintenance,
care, and operation of the building and grounds described in
subsection (e), in such amounts as may be appropriated under
law.
``(4) Notification to committee on appropriations.--Upon
making any obligation or expenditure of any amount in the
Fund, the Architect of the Capitol shall notify the Committee
on Appropriations of the House of Representatives of the
amount and purpose of the obligation or expenditure.
``(5) Continuing availability of funds.--Amounts in the
Fund are available without regard to fiscal year limitation.
``(e) Description of Building and Grounds.--
``(1) Description.--The building and grounds described in
this subsection is the Federal building located in the
District of Columbia which is commonly known as the `Thomas
P. O'Neill Jr. Federal Building', and which is more
particularly described as follows: Square 579, Lot 827, at
200 C Street Southwest, bounded by C Street Southwest on the
north, by 2nd Street Southwest on the east, by D Street
Southwest on the south, and by 3rd Street Southwest on the
west, and by all that area contiguous to and surrounding
Square 579 from the property line thereof to the west curb of
3rd Street Southwest, the north curb of C Street Southwest,
the east curb of 2nd Street Southwest, and the south curb of
D Street Southwest.
``(2) Retention of responsibilities of district of
columbia.--The Mayor of the District of Columbia will retain
responsibility for the maintenance and improvement of those
portions of the streets which are situated between the curb
lines of the streets referenced in paragraph (1).
``Sec. 177. (a) During the 115th Congress--
``(1) amounts made available for the Office of the
Secretary of the Conference of the Minority of the Senate
shall be available for the Office of the Assistant Minority
Leader of the Senate; and
``(2) the duties and authorities of the Secretary of the
Conference of the Minority of the Senate under section 3 of
title I of division H of the Consolidated Appropriations Act,
2008 (2 U.S.C. 6154), section 101 of chapter VIII of title I
of the Supplemental Appropriations Act, 1979 (2 U.S.C. 6156),
or any other provision of law shall be duties and authorities
of the Assistant Minority Leader of the Senate.
``(b) For purposes of any individual employed by the Office
of the Assistant Minority Leader of the Senate during the
115th Congress--
``(1) section 506(e) of the Supplemental Appropriations
Act, 1973 (2 U.S.C. 6314(e)) shall be applied by substituting
`Assistant Minority Leader' for `Secretary of the Conference
of the Minority';
``(2) section 207(e)(9)(M) of title 18, United States Code,
shall be applied by substituting `Assistant Minority Leader'
for `secretary of the Conference of the Minority'; and
``(3) subsection (b) of the first section of S. Res. 458
(98th Congress) shall be applied by substituting `Assistant
Minority Leader' for `Secretary of the Conference of the
Minority'.
``(c) For purposes of any individual employed by the Office
of the Assistant Minority Leader of the Senate during the
115th Congress, with respect to any practice that occurs
during that Congress, section 220(e)(2)(C) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1351(e)(2)(C)) shall be applied by substituting `the Office
of the Assistant Minority Leader of the Senate' for `the
Office of the Secretary of the Conference of the Minority of
the Senate'.
``(d) Nothing in this section shall be construed to have
any effect on the continuation of any procedure or action
initiated under the Congressional Accountability Act of 1995
(2 U.S.C. 1301 et seq.) or section 207 of title 18, United
States Code.
``Sec. 178. Section 21(d) of Senate Resolution 64 of the
One Hundred Thirteenth Congress, 1st session (agreed to on
March 5, 2013) is amended by striking `December 31, 2016' and
inserting `December 31, 2018'.
``Sec. 179. Expedited Consideration of Certain
Legislation.--
``(a) Qualifying Legislation Defined.--In this section, the
term `qualifying legislation' means a Senate bill or joint
resolution--
``(1) that is introduced in the Senate during the 30-
calendar day period beginning on the date on which Congress
convenes the First Session of the 115th Congress;
``(2) the title of which is as follows: `To provide for an
exception to a limitation against appointment of persons as
Secretary of Defense within seven years of relief from active
duty as a regular commissioned officer of the Armed Forces.';
and
``(3) the matter after the enacting or resolving clause of
which is as follows:
`` `SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF
PERSONS AS SECRETARY OF DEFENSE WITHIN SEVEN
YEARS OF RELIEF FROM ACTIVE DUTY AS REGULAR
COMMISSIONED OFFICERS OF THE ARMED FORCES.
`` `(a) In General.--Notwithstanding the second sentence of
section 113(a) of title 10, United States Code, the first
person appointed, by and with the advice and consent
[[Page H7508]]
of the Senate, as Secretary of Defense after the date of the
enactment of this Act may be a person who is, on the date of
appointment, within seven years after relief, but not within
three years after relief, from active duty as a commissioned
officer of a regular component of the Armed Forces.
`` `(b) Limited Exception.--This section applies only to
the first person appointed as Secretary of Defense as
described in subsection (a) after the date of the enactment
of this Act, and to no other person.'.
``(b) Introduction.--During the 30-calendar day period
described in subsection (a)(1), qualifying legislation may be
introduced in the Senate by the Majority Leader (or the
Majority Leader's designee), the Minority Leader (or the
Minority Leader's designee), the Chairman of the Committee on
Armed Services, or the Ranking Minority Member of the
Committee on Armed Services.
``(c) Consideration in the Senate.--
``(1) Committee referral.--Qualifying legislation
introduced in the Senate shall be referred to the Committee
on Armed Services.
``(2) Reporting and discharge.--If the Committee on Armed
Services has not reported the qualifying legislation within 5
session days after the date of referral of the legislation,
the Committee shall be discharged from further consideration
of the legislation, and the qualifying legislation shall be
placed on the appropriate calendar.
``(3) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at
any time after the Committee on Armed Serves reports the
qualifying legislation to the Senate or has been discharged
from its consideration (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of the qualifying legislation, and all points
of order against the qualifying legislation (and against
consideration of the qualifying legislation) are waived. The
motion to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
qualifying legislation is agreed to, the qualifying
legislation shall remain the unfinished business until
disposed of.
``(4) Consideration.--Consideration of the qualifying
legislation, and all debate, debatable motions, and appeals
in connection therewith, shall be limited to not more than 10
hours, which shall be divided equally between, and controlled
by, the Majority Leader and the Minority Leader or their
designees. A motion to further limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or
a motion to recommit the qualifying legislation is not in
order.
``(5) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the
qualifying legislation and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate. Passage of the qualifying legislation
shall require an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
``(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to qualifying legislation shall be decided without
debate.
``(7) Consideration of veto messages.--Consideration in the
Senate of any veto message with respect to the qualifying
legislation, including all debate, debatable motions, and
appeals in connection therewith, shall be limited to 10
hours, to be equally divided between, and controlled by, the
Majority Leader and the Minority Leader or their designees.
``(d) Rules of the Senate.--This section is enacted--
``(1) as an exercise of the rulemaking power of the Senate
and as such is deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed
in the Senate in the case of qualifying legislation described
in subsection (a), and supersedes other rules only to the
extent that this section is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
``Sec. 180. Section 133 of division L, title I of the
Consolidated Appropriations Act, 2016, Public Law 114-113, is
amended to read as follows:
`` `(a) None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, administer, or enforce the requirement for two
off-duty periods from 1:00 a.m. to 5:00 a.m. under paragraph
395.3(c) or the restriction on use of more than one restart
during a 168-hour period under paragraph 395.3(d) of title
49, Code of Federal Regulations, and those provisions shall
have no force or effect upon submission of the final report
issued by the Secretary of Transportation, as required by
section 133 of division K of Public Law 113-235, unless the
Secretary and the Inspector General of the Department of
Transportation each review and determine that the final
report
`` `(1) meets the statutory requirements set forth in such
section; and
`` `(2) establishes that commercial motor vehicle drivers
who operated under the restart provisions in operational
effect between July 1, 2013, and the day before the date of
enactment of such Public Law demonstrated statistically
significant improvement in all outcomes related to safety,
operator fatigue, driver health and longevity, and work
schedules, in comparison to commercial motor vehicle drivers
who operated under the restart provisions in operational
effect on June 30, 2013.
`` `(b) If the Secretary and the Inspector General do not
each make the findings outlined in subsection (a) of this
section with respect to the final report, hereafter, the 34-
hour restart rule in operational effect on June 30, 2013
shall be restored to full force and effect on the date that
the Secretary submits the final report to the Committees on
Appropriations of the House of Representatives and the
Senate, and funds appropriated or otherwise made available by
this Act or any other Act shall be available to implement,
administer, or enforce the rule.'.
``Sec. 181. (a) Funds made available by section 101 for
`Department of Transportation--Federal Aviation
Administration--Operations' may be apportioned up to the rate
for operations necessary to avoid disruption of continuing
projects or activities funded by this appropriation.
``(b) Notwithstanding section 101, the matter preceding the
first proviso under the heading `Department of
Transportation--Federal Aviation Administration--Facilities
and Equipment' in division L of Public Law 114-113 shall be
applied by substituting `$479,412,000' for `$470,049,000' and
`$2,375,588,000' for `$2,384,951,000'.
``Sec. 182. (a) Amounts available under section 101 for
`Department of Transportation--Maritime Administration--
Operations and Training' for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy, and any available prior year
balances for the Student Incentive Program at State Maritime
Academies may, either in whole or part, be used for costs
associated with the midshipmen Sea Year training program of
the Academy without regard to any limitations on
reprogramming or transfer under division L of Public Law 114-
113 or otherwise applicable under a provision of this Act.
``(b) The matter under the heading `Department of
Transportation--Maritime Administration--Operations and
Training' in division L of Public Law 114-113 is amended by
striking the third proviso (relating to an Academy spending
plan).
``Sec. 183. Amounts made available by section 101 for
`Department of Housing and Urban Development--Public and
Indian Housing--Tenant-Based Rental Assistance' may be
apportioned up to the rate for operations necessary to renew
grants for rental assistance and administrative costs that
were provided pursuant to the third through tenth provisos of
paragraph (5) under such heading in title II of division K of
Public Law 113-235 (128 Stat. 2732).
``Sec. 184. Notwithstanding any other provision of law, if
not later than 10 days after the end of the Second Session of
the 114th Congress, the Office of Management and Budget
(`OMB') determines that the total of enacted appropriations
for fiscal year 2017 subject to the discretionary spending
limits in section 251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985, excluding any appropriations
that would result in adjustments under section 251(b)(2) of
such Act, does not exceed the sum of the unadjusted
discretionary spending limits for fiscal year 2017 in section
251(c)(4) of such Act and provides written notification of
that determination, then the final sequestration report for
fiscal year 2017 under section 254(f)(1) of such Act and any
order for fiscal year 2017 under section 254(f)(5) of such
Act shall be issued, for the Congressional Budget Office, 10
days after the date specified in section 106(3) of this Act
and, for OMB, 15 days after the date specified in section
106(3) of this Act: Provided, That the written notification
required by this section shall include the total dollar
amount and estimated uniform percentage that would be
required to eliminate a breach within a category if OMB were
to issue such final sequestration report and order pursuant
to the timetable in section 254(a) of such Act.
``Sec. 185. Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101 for the `Emergency Watershed Protection Program',
there is appropriated $103,140,000 for an additional amount
for fiscal year 2017, to remain available until expended, and
for the `Emergency Conservation Program', there is
appropriated $102,978,524 for an additional amount for fiscal
year 2017, to remain available until expended: Provided, That
all amounts made available by this section are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``Sec. 186. Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101, there is appropriated $74,700,000 for an
additional amount for fiscal year 2017, to remain available
until expended, for `National Aeronautics and Space
Administration--Construction and Environmental Compliance and
Restoration' for repairs at National Aeronautics and Space
Administration facilities damaged by Hurricane Matthew:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
[[Page H7509]]
``Sec. 187. Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101, there is appropriated $54,827,000 for `Corps of
Engineers-Civil--Construction' for an additional amount for
fiscal year 2017, to remain available until expended, for
necessary expenses to address emergency situations at Corps
of Engineers projects, and to rehabilitate and repair damages
to Corps of Engineers projects, caused by natural disasters:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That beginning not later than 60 days
after the date of enactment of this section, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
``Sec. 188. Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101, there is appropriated $290,708,000 for `Corps of
Engineers-Civil--Mississippi River and Tributaries' for an
additional amount for fiscal year 2017, to remain available
until expended, for necessary expenses to dredge navigation
projects in response to, and repair damages to Corps of
Engineers projects caused by, natural disasters: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That beginning not later than 60 days
after the date of enactment of this section, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
``Sec. 189. Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101, there is appropriated $259,574,000 for `Corps of
Engineers-Civil--Operation and Maintenance' for an additional
amount for fiscal year 2017, to remain available until
expended, for necessary expenses to dredge navigation
projects in response to, and repair damages to Corps of
Engineers projects caused by, natural disasters: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That beginning not later than 60 days
after the date of enactment of this section, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
``Sec. 190. Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101, there is appropriated $419,891,000 for `Corps of
Engineers-Civil--Flood Control and Coastal Emergencies', as
authorized by section 5 of the Act of August 18, 1941 (33
U.S.C. 701n), for an additional amount for fiscal year 2017,
to remain available until expended, for necessary expenses to
prepare for flood, hurricane and other natural disasters and
support emergency operations, repairs, and other activities
in response to such disasters as authorized by law: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That beginning not later than 60 days
after the date of enactment of this section, the Assistant
Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds.
``Sec. 191. Notwithstanding any other provision of this
Act, and in addition to any amount otherwise provided by
section 101 for the `Emergency Relief Program', as authorized
by section 125 of title 23, United States Code, there is
appropriated $1,004,017,000 for fiscal year 2017, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
``Sec. 192. (a) Notwithstanding any other provision of this
Act, and in addition to the amount otherwise provided by
section 101 for `Department of Housing and Urban
Development--Community Planning and Development--Community
Development Fund', there is appropriated $1,808,976,000 for
an additional amount for fiscal year 2017, to remain
available until expended, that is identical to the additional
appropriation for fiscal year 2016 in section 145(a) of this
Act (except that `enactment of this Act' shall be treated as
referring to enactment of this section, and except for the
last proviso under such subsection), and with respect to
which the same authority and conditions shall be in effect:
Provided, That of the amount made available by this
subsection, $1,416,000,000 is designated by the Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act of
1985, and $392,976,000 is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
``(b) Of the amounts made available by subsection (a) and
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, up to $3,000,000
may be transferred, in aggregate, to `Department of Housing
and Urban Development--Program Office Salaries and Expenses--
Community Planning and Development' for necessary costs,
including information technology costs, of administering and
overseeing the obligation and expenditure of amounts in
section 145 and all amounts in this section.
``Sec. 193. Notwithstanding any other provision of this
Act, and in addition to amounts otherwise provided by section
101, an additional amount for fiscal year 2017 of
$20,000,000, to remain available until expended, is provided
for `Department of Health and Human Services--Food and Drug
Administration-FDA Innovation Account' (in this section
referred to as the `Account'): Provided, That such amounts
are appropriated pursuant to section 1002(b)(3) of the 21st
Century Cures Act, are to be derived from amounts transferred
under section 1002(b)(2)(A) of such Act, are for the
necessary expenses to carry out the purposes described under
section 1002(b)(4) of such Act, and may be transferred by the
Commissioner of Food and Drugs to the appropriation for
`Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses' solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Commissioner that funds transferred
pursuant to the previous proviso are not necessary for the
purposes provided, such amounts may be transferred back to
the Account: Provided further, That this transfer authority
is in addition to any other transfer authority provided by
law.
``Sec. 194. Notwithstanding any other provision of this
Act, and in addition to amounts otherwise provided by section
101, an additional amount for fiscal year 2017 of
$352,000,000, to remain available until expended, is provided
for `Department of Health and Human Services--National
Institutes of Health--NIH Innovation Account' (in this
section referred to as the `Account'): Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
the 21st Century Cures Act, are to be derived from amounts
transferred under section 1001(b)(2)(A) of such Act, are for
the necessary expenses to carry out the purposes described in
section 1001(b)(4) of such Act and in the amounts provided
for fiscal year 2017 in such section 1001(b)(4), and may be
transferred by the Director of the National Institutes of
Health to other accounts of the National Institutes of Health
solely for the purposes provided in such Act: Provided
further, That upon a determination by the Director that funds
transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the Account: Provided further, That this
transfer authority is in addition to any other transfer
authority provided by law.
``Sec. 195. Notwithstanding any other provision of this
Act, and in addition to amounts otherwise provided by section
101, an additional amount for fiscal year 2017 of
$500,000,000, to remain available until expended, is provided
for `Department of Health and Human Services--Office of the
Secretary--Account For the State Response to the Opioid Abuse
Crisis' (in this section referred to as the `Account'):
Provided, That such amounts are appropriated pursuant to
section 1003(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1003(b)(2)(A)
of such Act, are for the necessary expenses to carry out the
purposes described under section 1003(c) of such Act, and may
be transferred by the Secretary of Health and Human Services
to other accounts of the Department solely for the purposes
provided in such Act: Provided further, That upon a
determination by the Secretary that funds transferred
pursuant to the previous proviso are not necessary for the
purposes provided, such amounts may be transferred back to
the Account: Provided further, That this transfer authority
is in addition to any other transfer authority provided by
law.
``Sec. 196. (a) Notwithstanding any other provision of this
Act, in addition to the amount otherwise provided by section
101 for `Environmental Protection Agency--State and Tribal
Assistance Grants', there is appropriated $100,000,000 for an
additional amount for fiscal year 2017, to remain available
until expended, for making capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of
the Safe Drinking Water Act pursuant to section 2201 of the
Water and Waste Act of 2016.
``(b) The last proviso of paragraph (1) under the heading
`Environmental Protection Agency--State and Tribal Assistance
Grants' in division G of Public Law 114-113 shall be applied
to amounts made available by this section by substituting for
`only where such debt was incurred on or after the date of
enactment of this Act' the following: `where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
if the State, with concurrence from the Administrator,
determines that such funds could be used to help address a
threat to public health from heightened exposure to lead in
drinking water or if a Federal or State emergency declaration
has been issued due to a threat to public health from
heightened
[[Page H7510]]
exposure to lead in a municipal drinking water supply before
the date of enactment of this Act: Provided further, That in
a State in which such an emergency declaration has been
issued, the State may use more than 20 percent of the funds
made available under this title to the State for Drinking
Water State Revolving Fund capitalization grants to provide
additional subsidy to eligible recipients'.
``Sec. 197. (a) Notwithstanding any other provision of this
Act, there is provided for `Environmental Protection Agency--
Water Infrastructure Finance and Innovation Program Account'
for the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.), $20,000,000,
to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans, including capitalized interest, and total loan
principal, including capitalized interest, any part of which
is to be guaranteed, not to exceed $2,073,000,000.
``(b) In addition, fees authorized to be collected pursuant
to sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3908 and 3909) shall be
credited to the appropriation made by this section to remain
available until expended.
``(c) Of the amounts provided under subsection (a), not to
exceed $3,000,000 shall be for administrative expenses to
carry out the direct and guaranteed loan programs,
notwithstanding section 5033 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3912).
``Sec. 198. Notwithstanding any other provision of this
Act, in addition to the amount otherwise provided by section
101 for `Department of Health and Human Services--Centers for
Disease Control and Prevention--Environmental Health', for
carrying out section 2203 of the Water and Waste Act of 2016,
there is appropriated $20,000,000, to remain available until
September 30, 2020, of which $17,500,000 shall be for
carrying out section 2203(b) of the Water and Waste Act of
2016 and $2,500,000 shall be for carrying out section 2203(c)
of the Water and Waste Act of 2016: Provided, That such funds
may be made available to the Agency for Toxic Substances and
Disease Registry or the Centers for Disease Control and
Prevention, at the discretion of the Secretary of Health and
Human Services, for carrying out such sections of the Water
and Waste Act of 2016.
``Sec. 199. Notwithstanding any other provision of this
Act, in addition to the amount otherwise provided by section
101 for `Department of Health and Human Services--Centers for
Disease Control and Prevention--Environmental Health', for
carrying out section 2204(a) of the Water and Waste Act of
2016, there is appropriated $15,000,000, to remain available
until September 30, 2018, for childhood lead poisoning
prevention programs authorized under section 317A of the
Public Health Service Act (42 U.S.C. 247b-1).
``Sec. 200. Notwithstanding any other provision of this
Act, in addition to the amount otherwise provided by section
101 for `Department of Health and Human Services--Health
Resources and Services Administration--Maternal and Child
Health', for carrying out section 2204(b) of the Water and
Waste Act of 2016, there is appropriated $15,000,000, to
remain available until September 30, 2018, for the Healthy
Start Initiative authorized under section 330H of the Public
Health Service Act (42 U.S.C. 254c-8).
``Sec. 201. (a) Of any available amounts appropriated under
section 301(b)(3) of Public Law 114-10, $170,000,000 is
rescinded immediately upon enactment of this section.
``(b) In the Senate, the budgetary effects of this section
shall not count for purposes of the amount in section
3103(b)(3) of the concurrent resolution on the budget for
fiscal year 2016 (S. Con. Res. 11) when determining points of
order pursuant to section 3103(b)(1) of that section of that
concurrent resolution.''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2017''.
DIVISION B--SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2017, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$196,964,000, of which $94,034,000 is to support counter-
terrorism operations and $102,930,000 is to support the
European Reassurance Initiative: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$10,484,000, of which $7,354,000 is to support counter-
terrorism operations and $3,130,000 is to support the
European Reassurance Initiative: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $5,840,000, to support counter-terrorism operations:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $51,830,000, of which $37,640,000 is to support
counter-terrorism operations and $14,190,000 is to support
the European Reassurance Initiative: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $3,173,679,000, of which $2,734,952,000 is to support
counter-terrorism operations and $438,727,000 is to support
the European Reassurance Initiative: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $97,881,000, of which $95,531,000 is to support
counter-terrorism operations and $2,350,000 is to support the
European Reassurance Initiative: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $180,546,000, of which $168,446,000 is to
support counter-terrorism operations and $12,100,000 is to
support the European Reassurance Initiative: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $428,046,000, of which $382,496,000 is to
support counter-terrorism operations and $45,550,000 is to
support the European Reassurance Initiative: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $446,283,000, of which $412,959,000 is to
support counter-terrorism operations and $33,324,000 is to
support the European Reassurance Initiative: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Iraq Train and Equip Fund
For an additional amount for ``Iraq Train and Equip Fund'',
$289,500,000, to support counter-terrorism operations:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$229,100,000, to support counter-terrorism operations:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$72,000,000, to support counter-terrorism operations:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $201,563,000, to support counter-terrorism
operations: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $83,900,000, to support
[[Page H7511]]
counter-terrorism operations: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $137,884,000, to support counter-terrorism
operations: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $78,700,000, to support counter-
terrorism operations: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $3,000,000, to support
counter-terrorism operations: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $87,800,000, to support counter-
terrorism operations: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE II
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $1,052,400,000 to remain available until
September 30, 2018, of which $927,189,000 is for Worldwide
Security Protection and shall remain available until
expended: Provided, That such funds are for operational and
security requirements to support activities to counter the
Islamic State of Iraq and the Levant, other terrorist
organizations, and violent extremism in Africa, Europe and
Eurasia, the Middle East, and South and Central Asia, and to
counter Russian influence: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,500,000, to remain available until September
30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $654,411,000, to remain
available until expended, for construction of, and security
enhancements for, United States diplomatic facilities in
Africa, Europe and Eurasia, the Middle East, and South and
Central Asia, of which $618,411,000 is for Worldwide Security
Upgrades: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$5,000,000, to remain available until September 30, 2018, for
operational and security requirements to support activities
to counter the Islamic State of Iraq and the Levant, other
terrorist organizations, and violent extremism in Africa,
Europe and Eurasia, the Middle East, and South and Central
Asia: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
capital investment fund
For an additional amount for ``Capital Investment Fund'',
$25,000,000, to remain available until expended, for the
Capital Security Cost Sharing Program: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,500,000, to remain available until September
30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $616,100,000, to remain available until
expended, for international disaster relief, rehabilitation,
and reconstruction assistance, including in Africa, Europe
and Eurasia, the Middle East, and South and Central Asia:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$50,234,000, to remain available until expended, for programs
to counter the Islamic State of Iraq and the Levant, other
terrorist organizations, and violent extremism, and address
the needs of populations impacted by such organizations:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,030,555,000, to remain available until September 30, 2018,
for programs to counter the Islamic State of Iraq and the
Levant, other terrorist organizations, and violent extremism,
and address the needs of populations impacted by such
organizations: Provided, That funds appropriated under this
heading shall be made available for programs that include
activities to document, investigate, and prosecute genocide,
crimes against humanity, war crimes, and other human rights
violations in Iraq and Syria, including to build capacity of
Syrian and Iraqi investigators; atrocity prevention,
transitional justice, reconciliation, and reintegration
programs for vulnerable and persecuted minorities and ethnic
groups in the Middle East and North Africa; and support for
higher education institutions in Iraq: Provided further, That
such funds shall also be made available for assistance for
major non-North Atlantic Treaty Organization allies in the
Middle East and North Africa, including Jordan and Tunisia:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $157,000,000, to remain available
until September 30, 2018, for programs to counter Russian
influence: Provided, That funds appropriated under this
heading shall be made available for assistance for Ukraine,
Georgia, and other countries affected by Russian aggression:
Provided further, That of the funds appropriated under this
heading, up to $6,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Broadcasting
Board of Governors--International Broadcasting Operations''
for programs to counter Russian influence: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $300,000,000, to remain available until
expended, to respond to refugee and migration crises,
including in Africa, Europe and Eurasia, the Middle East, and
South and Central Asia, except that such funds shall not be
made available for the resettlement costs of refugees in the
United States: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $26,300,000, to remain
available until September 30, 2018, for programs in Africa,
Europe and Eurasia, and the Middle East: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and
[[Page H7512]]
Related Programs'', $128,000,000, to remain available until
September 30, 2018, for anti-terrorism, demining and related
programs and activities in Africa and the Middle East:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$50,000,000, to remain available until September 30, 2018,
for equipment, training, logistics, and related support for
peacekeeping, stabilization, and counter-terrorism programs
in Africa and the Middle East: Provided, That funds
appropriated under this heading may be made available for a
United States contribution to the Multinational Force and
Observers mission in the Sinai: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $200,000,000, to remain available until September
30, 2018, for assistance for countries in Africa, Europe and
Eurasia, and the Middle East: Provided, That funds
appropriated under this heading shall be made available for
assistance for Ukraine, Georgia, the Baltic states, Tunisia,
and Jordan: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
extension of authorities and conditions
Sec. 201. Unless otherwise provided for by this title, the
additional amounts appropriated by this title to
appropriations accounts in this Act shall be available under
the authorities and conditions applicable to such
appropriations accounts for fiscal year 2017.
notification requirement
Sec. 202. Funds appropriated by this title shall not be
available for obligation unless the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, has notified the Committees on
Appropriations in writing at least 15 days in advance of such
obligation: Provided, That the requirement of this section
shall not apply to funds made available by this title under
the headings ``Department of State--Administration of Foreign
Affairs--Office of Inspector General'', ``United States
Agency for International Development--Funds Appropriated to
the President--Office of Inspector General'', ``Bilateral
Economic Assistance--Funds Appropriated to the President--
International Disaster Assistance'', and ``Bilateral Economic
Assistance--Department of State--Migration and Refugee
Assistance''.
transfer authority
Sec. 203. (a) Funds appropriated by this title under the
headings ``Diplomatic and Consular Programs'', including for
Worldwide Security Protection, and ``Embassy Security,
Construction, and Maintenance'' may be transferred to, and
merged with, funds appropriated by this title under such
headings if the Secretary of State determines and reports to
the Committees on Appropriations that to do so is necessary
to implement the recommendations of the Benghazi
Accountability Review Board, or to prevent or respond to
security situations and requirements.
(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' may be transferred to, and merged with,
funds appropriated by this title under such headings.
(c) Funds appropriated by this title under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' may be transferred to, and merged
with, funds appropriated by this title under the heading
``International Disaster Assistance''.
(d) Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'' may be transferred to, and
merged with, funds appropriated by this title under such
headings.
(e) The transfer authority provided by this section shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such transfer authority is in addition to any
transfer authority otherwise available under any other
provision of law.
consolidated reporting requirement
Sec. 204. Not later than 45 days after enactment of this
Act and prior to the initial obligation of funds made
available by this title, the Secretary of State and the
Administrator of the United States Agency for International
Development shall submit a consolidated report to the
Committees on Appropriations on the anticipated uses of such
funds on a country and project basis for which the obligation
of funds is anticipated, including estimated personnel and
administrative costs: Provided, That such report shall be
updated and submitted to such Committees every 60 days until
September 30, 2018, and every 180 days thereafter until all
funds have been expended: Provided further, That funds
appropriated by this title under the headings ``International
Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be obligated prior to submission of the
report required by this section.
loan authority
Sec. 205. (a) Funds appropriated by this title under the
heading ``Economic Support Fund'' and in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under such heading may be
made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for
Iraq, which are authorized to be provided: Provided, That
amounts made available under this subsection for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a
country: Provided further, That the Secretary of State should
obtain a commitment from the Government of Iraq that such
government will make available the proceeds of such financing
to regions and governorates, including the Kurdistan Region
of Iraq, in a manner consistent with the principles of
equitable share of national revenues contained in clause
``Third'' of Article 121 of the Constitution of Iraq:
Provided further, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that any such
notification shall include a detailed summary of the terms
and conditions of such financing and an assessment of the
extent to which the proposed financing agreement between the
Governments of the United States and Iraq supports the
constitutional principles of equitable share of national
revenues to regions and governorates, including the Kurdistan
Region of Iraq.
(b) Notwithstanding any provision of this Act, the
authority provided by section 1101 of division O of the
Consolidated Appropriations Act, 2016 (Public Law 114-113)
shall continue in effect through fiscal year 2017: Provided,
That any notification submitted pursuant to such section
shall include a detailed summary of the terms and conditions
of such loan and an assessment of the extent to which use of
the proposed loan proceeds would place special emphasis on
the Kurdish Peshmerga, Sunni tribal security forces, or other
local security forces, with a national security mission.
(c) Funds made available pursuant to this section and
section 7034(o)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016
(division K of Public Law 114-113) from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that were previously
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act and shall be
available only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress.
personal services contracts
Sec. 206. Funds appropriated by this title to support
counter-terrorism and countering violent extremism programs,
including activities to counter the Islamic State of Iraq and
the Levant, may be used to enter into contracts with
individuals for the provision of personal services (as
described in section 37.104 of title 48, Code of Federal
Regulations (48 CFR 37.104)) in the United States or abroad:
Provided, That such individuals may not be deemed employees
of the United States for the purposes of any law administered
by the Office of Personnel Management: Provided further, That
the authority made available pursuant to this section shall
expire on September 30, 2018.
This division may be cited as the ``Security Assistance
Appropriations Act, 2017''.
The SPEAKER pro tempore. Pursuant to House Resolution 949, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New
York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the further consideration of
H.R. 2028, and that I may include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
[[Page H7513]]
Mr. Speaker, I rise before you today to present the second Fiscal
Year 2017 Continuing Resolution this year, which will fund the Federal
Government through April 28 of 2017.
This bill is a necessary measure to continue vital government
programs and services, like our national defense. It keeps the lights
on in our government, preventing the uncertainty and harm of a
shutdown. Our current continuing resolution expires tomorrow, so we
must act today.
This continuing resolution is a responsible compromise, making only
limited adjustments where required to preserve the security of the
Nation, to prevent serious lapses in government services, and to ensure
the careful expenditure of taxpayer dollars.
To highlight a few of these changes: we take care of our troops by
increasing overseas contingency operations resources, and include
provisions that accelerate production rates for critical defense
equipment and systems, like the Ohio replacement submarine, the Apache
helicopter, and the KC-46A tanker. The bill also maintains adequate
funding for the Department of Homeland Security to keep our Nation
safe.
In addition to these changes, the bill includes necessary funding to
help communities recover from recent natural disasters, like Hurricane
Matthew, flooding in States like Louisiana and West Virginia, and
devastating droughts.
The legislation also includes $170 million for important health and
water infrastructure improvements, as well as $872 million for the
House-passed 21st Century Cures Act, including $500 million to respond
to the opioid abuse epidemic. These items are both fully offset.
As I have said on this floor many times over the past 6 years,
standing in this exact spot, a continuing resolution is a last resort.
It is not what I would prefer to bring to the floor as my final bill as
chairman of the Appropriations Committee.
At the end of the day, a CR is simply a Band-Aid on a gushing wound.
This is no way to run a railroad. It is bad for Congress, bad for the
Federal Government, and bad for our country. A CR extends outdated
policies and funding levels, wasting money, and preventing good changes
from being made. A CR also creates uncertainty in Federal budgets and
in our economy. Lastly, it diminishes the Congress' power of the purse,
giving away the people's voice in how the government uses their tax
dollars.
I truly hope that in the near future we can stop lurching from CR to
CR and return to regular order, for the sake of our national security,
our economy, and the well-being of all Americans.
However, at this point, this is our best and only path forward. It is
absolutely imperative that we complete the work on the 11 remaining
appropriations bills as soon as possible when Congress returns.
This is a good bill, and I urge my colleagues to vote ``yes'' on the
CR.
Mr. Speaker, I reserve the balance of my time.
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{time} 1230
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Today we consider the second continuing resolution to keep most of
the government open. To say that I am disappointed in this Band-aid
approach to operating the government would be an understatement. The
legislation before us is an abdication of responsibility for the entire
Congress. It is a disgrace that more than 2 months into the new fiscal
year, Congress will kick the can down the road nearly another 5 months
for purely partisan reasons.
Having already failed this year to adopt a budget, pass appropriation
bills, and restore regular order, the majority's failure to enact full-
year funding is not surprising, but nonetheless shameful. Several
administration requests were either not included or were drastically
discounted. The Commodity Futures Trading Commission would be frozen
under this CR, likely causing staff furloughs and making it impossible
to adequately protect market participants.
I am extremely concerned about the majority including just $7
million--one-fifth of the amount requested by the administration and by
New York City--to reimburse New York for the cost of helping New York
and other State and local governments protect the President-elect until
his inauguration. Local and State taxpayers should not be forced to
foot the bill for the Federal responsibility of protecting the
President-elect. I view the amount in the CR as a down payment, and I
am putting the majority on notice that a future funding bill must fully
cover these costs.
At a time when economic hardship is common among those who have
worked in unsafe and unhealthy coal mines, this Congress should be
united in ensuring these men and women have both the health and pension
benefits they have earned. These hardworking individuals need more than
empty promises.
I am pleased the CR provides additional funding to respond to natural
disasters, to assist Flint, Michigan, in recovering from a lead crisis,
to respond to threats abroad, to prevent opioid addiction, and to
support biomedical research; however, we should have made these
investments along with a full-year bill that would have dealt with
every government program.
Finally, this bill should not include the provision that would limit
debate on providing a waiver to allow the next Secretary of Defense to
have been retired from Active Duty for less than the current
requirement of 7 years. Civilian leadership of the military is a
bedrock principle of our democracy, and any new standard deserves full
debate by the Congress.
I know Chairman Rogers worked to have the Appropriations Committee
return to regular order. I tried to be a partner with him because I
think the American people want us to do our job of keeping the
government operating. Notwithstanding the constraints facing the
chairman, the bill we consider today should be a bipartisan, full-year
spending measure.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from New Jersey (Mr. Frelinghuysen), who will assume the
chair of the Appropriations Committee come January and in whom I have
great confidence and pride.
Mr. FRELINGHUYSEN. Mr. Speaker, I rise to urge support of the
continuing resolution. But first I must pay tribute to the gentleman
from Kentucky (Mr. Rogers) as he manages his last appropriations bill
as full committee chairman.
I know I speak for Ranking Member Lowey and all members of the
committee, Republicans and Democrats, and our remarkable professional
staff when I say that this body and this Nation owe a tremendous debt
of gratitude for his many contributions on the Appropriations Committee
for 30 years and as its chairman for the last 6. No one understands
better than Hal Rogers the House's constitutional duty to responsibly
fund the Federal Government. No one has defended this body's power of
the purse with more vigor. He has always supported rigorous oversight.
Under Chairman Rogers' leadership, the committee has held over 600
public hearings to ensure that Federal tax dollars are well spent, and
the committee has earned results, cutting wasteful spending to the tune
of $126 billion since fiscal year 2010. In fact, the chairman has
worked tirelessly to restore public trust in our Federal funding
process, all with professionalism, good humor, and class.
Mr. Speaker, I know I speak for all members of the committee and all
Members of the House in extending to you our heartfelt thanks for your
continued service on the committee and your remarkable service as
chairman.
On the resolution, briefly--and this is relative to national
security--the reality is we are a nation at war, engaged with enemies
in Syria, Iraq, Afghanistan, and elsewhere, and we have no greater
responsibility than to ensure that our men and women in uniform have
the resources that this continuing resolution assures so they can carry
out their missions and return home safely.
In this regard, we have scrubbed the President's budget amendment
$5.8 billion for overseas operations. In doing so, we have redirected
funding to replenish our stocks of various munitions that our troops
need to fight ISIS and the Taliban; and in light of increased activity
on behalf of the Russians, we have provided funding for our NATO
allies. This resolution needs to be supported for national defense and
homeland security.
Again, I salute Chairman Rogers for his leadership.
Mrs. LOWEY. Mr. Speaker, I yield 4 minutes to the gentleman from
Indiana (Mr. Visclosky), who is the ranking member of the Defense
Subcommittee on the Appropriations Committee.
Mr. VISCLOSKY. Mr. Speaker, I am sorely disappointed that, despite
the very best efforts of Chairman Rogers, Mrs. Lowey, and all of the
members of our committee, we yet again find ourselves in the position
of considering another continuing resolution.
In June, on the floor, I stated that our fiscal year begins on
October 1, 2016, and not May 1, 2017, and that it is the responsibility
of those of us holding office in this session of this Congress to
execute the 2017 appropriations process. We should not foist our
responsibility upon the next. Unfortunately, almost 6 months later, it
is appropriate to repeat myself.
As the ranking member on the Defense Subcommittee, I feel it is
important to highlight some of the complications that we are
compounding for next year, again, despite the very best efforts of
Chairman Frelinghuysen and the members of our subcommittee and the full
committee.
First, the CR hinders the DoD from adapting to emergency conditions
around the globe. Although we have included a few adjustments in this
CR, many more programs and initiatives were not addressed, and we will
have created unforeseen but real impacts to our warfighters and their
families.
Second, the defense budget that we are deferring was planned for back
in late 2015. Our actions to complete the fiscal year 2017
appropriations process by April 28 will present the Department with a
fundamental management challenge.
Third, it will require a significant amount of interchange with the
DOD for Congress to complete the work for the remainder of this fiscal
year's appropriation into spring. Those same individuals and offices in
the Department will simultaneously be making adjustments to the 2018
budget for the new administration. While it is likely that a 2018
budget request will be delayed beyond the normal first week in
February, the two activities will overlap significantly, and it creates
inefficiencies.
Let me also point out the Department will be well into the
development of its fiscal year 2019 budget at the same time. The
Department will be presenting the fiscal year 2018 budget to the
Congress. At the same time, it will patiently be waiting for the
resolution of this budget, all the while operating under 2016 levels
that we have now extended with two consecutive CRs.
This CR has the likelihood of being particularly disruptive because
it also coincides with the change in the executive branch. So while
claiming to recognize the difficulty the new President faces, we add a
much greater burden to the incoming administration and the next
Congress by not completing our work now.
[[Page H7518]]
In closing, I again appreciate the work of the chairman, the ranking
member, the staff, and the committee. I regret that we find ourselves
on the House floor again creating manufactured uncertainty.
I am sorely disappointed that despite the very best efforts of
Chairman Rogers, Ranking Member Lowey, and the members of our
committee, we yet again find ourselves in the position of considering
another Continuing Resolution (CR).
In June, during the debate on the House floor for H.R. 5293, the
Fiscal Year 2017 Defense Appropriations Act, I expressed my concerns
with that bill because it did not provide enough funding to support the
warfighter for the full fiscal year. Specifically, I stated that our
``fiscal year begins on October 1, 2016, not May 1, 2017, and it is the
responsibility of those of us holding office in the 2nd session of the
114th Congress to execute the FY 2017 appropriations process,'' and
that we should demonstrate some legislative pragmatism and not foist
our responsibility upon the 115th Congress. Unfortunately, almost
exactly six months later, it is appropriate to repeat myself. Only in
this circumstance it is applicable to nearly the entire federal
government and not just a small portion of the Defense Appropriations
Bill.
With regard to the CR, I grant that it has some positive aspects.
Most notably it averts a government shutdown until at least April 28,
2017. It provides much needed funding to the Department of Defense for
Overseas Contingency Operations and the European Reassurance
Initiative. And it contains $170 million to address the infrastructure
and health needs of those communities affected by contaminated drinking
water.
However, CRs are no way to run a nation and I wholeheartedly agree
with Ranking Member Lowey that there is no practical reason that two
months into a fiscal year, we are kicking the can down the road for
another five months. Congress has no credibility to demand good
government if it is incapable of providing appropriations to the whole
of the federal government in a timely and predictable manner.
As the Ranking Member on the Defense Subcommittee, I feel it is
important to highlight some of the complications we are compounding in
2017 should the Department of Defense have to operate under a CR for a
total of 6 months and 28 days.
First, CRs hinder the DoD from adapting to emerging conditions around
the globe. Although we are including a few anomalies and adjustments in
this CR, many more programs and initiatives simply did not make the
``cut-list'' and we will have created unforeseen but real impacts to
our warfighters and their families.
Second, the defense budget we are deferring was planned for back in
late 2015. Our actions to complete the FY 2017 appropriations by April
28, 2017, will be challenged in synchronizing a final budget solution
that is at a minimum 16 months later than when it was drafted and
planned by the Defense Department.
Third, it will require a significant amount of interchange with the
DoD for Congress to complete the work on the remainder of the FY 2017
appropriations in the spring. Those same individuals and offices in the
Department will simultaneously be making adjustments to the FY 2018
budget for the new administration. And while it is likely that the FY
2018 budget request will be delayed beyond the normal first Tuesday in
February delivery, the two activities will overlap significantly, which
is incredibly inefficient.
Let me just further that thought by acknowledging that the Department
will be well into their development of the FY 2019 budget at that same
time. They will be presenting the FY 2018 budget to this Congress. And
patiently waiting for resolution of this FY 2017 budget. All the while
operating at FY 2016 levels that we extended in two consecutive CRs
because we cannot find the initiative and political will to complete
our jobs.
And this CR has the likelihood of being particularly disruptive
because it also coincides with a change in the Executive Branch. As has
been pointed out, no incoming Administration has ever had to inherit a
Department of Defense operating under a CR. So while claiming to
recognize the difficulty a new President faces by including a provision
to allow the expedited consideration in the Senate of legislation that
overrides current law in the appointment of the next Secretary of
Defense, we add a much greater burden to the incoming administration
and Congress by not completing the FY 2017 Appropriation process.
I understand that Chairman Rogers has described the legislation
before us as just a Band-Aid to give us time to complete the annual
appropriations process. That is unfortunately a refrain we have heard
too often in recent Congresses. In what fiscal year will we stop
putting Band-Aids over our self-inflicted wounds to the appropriations
process? The American people deserve so much more.
In closing, I regret that we again find ourselves on the House floor
creating manufactured uncertainty. It is imperative that we bring an
end to the reliance on CRs and get back into the habit of completing
our budgetary work in a timely manner.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from Oklahoma (Mr. Cole), who chairs the largest civilian
piece of the Federal budget, the Labor, Health and Human Services,
Education, and Related Agencies Subcommittee, on our committee. The
gentleman is the most articulate member of our committee, I would say,
and one of the great Members of this body.
Mr. COLE. Mr. Speaker, I certainly thank the gentleman for yielding
and those extremely kind and gracious words, and I certainly rise in
support of this very important bill. I want to echo the praise that has
been offered on this floor by members of both parties for our chairman,
who is bringing his last full appropriations bill to the floor as the
full committee chairman, and just tell him what a pleasure it has been
to work under his leadership and to learn, frankly, at his knee, and
usually with a pretty good cigar at the same time. So I have enjoyed
that, and I think he has done a great job.
I also want to congratulate my friend, the ranking member. This is a
chairman and a ranking member that, frankly, have done their jobs the
last 2 years. All 12 bills were reported out of the Appropriations
Committee most years, and all 12 should have been on this floor and
dealt with, and I regret that they were not.
There are a lot of good things in this continuing resolution--as has
been mentioned earlier, the additional funds for biomedical research,
the adjustments and extra funding for defense at a critical time for
our country, and certainly the disaster relief funds which certain
parts of our country share--but I know this is not the bill that
Chairman Rogers wanted to bring to this floor. Frankly, we have got to
get out of this.
I couldn't agree more with my friend from Indiana who said it pretty
well: this is not this committee's fault. It is a failure in this
Congress. This is the responsibility of this Congress and this
administration to write the bill for next year. This is a failure to
meet that responsibility. It is a necessary step, and I certainly will
support it, but we have simply got to get back to the point of regular
order.
Next year, believe me, I will push very hard to make sure we don't
have another CR on April 28 and that we actually do the appropriations
for FY17--we shouldn't be doing it in FY17, but that would be better
than another CR--and then we will push to make sure that we do the
FY18. I know the chairman has done everything humanly possible to do
that, and I know he has had a willing partner in that in the ranking
member.
So let's all make a New Year's resolution. Let's pass this bill, but
let's get back to regular order. Let's restore things. There is a
bipartisan sense of frustration on the Appropriations Committee, and,
frankly, the leadership on both sides in this body need to work to
achieve that. It is not an Appropriations Committee failure. This is
the failure of Congress--the House of Representatives and the Senate--
to do its job. That should not happen again.
Mr. Speaker, I urge support for the measure.
Mrs. LOWEY. Mr. Speaker, I rise to enter into a colloquy with
Chairman Rogers.
Mr. Speaker, section 170(b) of the continuing resolution creates a
contingency fund which could make available an additional $200 million
after March 1.
Can you clarify if the additional funds in section 170(b) will be
available for obligation for three fiscal years, the same period of
time as other fiscal year 2017 funds appropriated to carry out the same
purpose?
Mr. ROGERS of Kentucky. Will the gentlewoman yield?
Mrs. LOWEY. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. The answer is yes.
Mrs. LOWEY. Thank you, Mr. Chairman.
Mr. Speaker, I reserve the balance of my time.
[[Page H7519]]
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from West Virginia (Mr. McKinley) for the purpose of a
colloquy.
Mr. McKINLEY. Thank you, Mr. Chairman, for this opportunity to
discuss this short-term healthcare provision for coal miners that is in
the CR.
A few months ago, approximately 20,000 retired coal miners and their
families received notices that they would lose their health benefits at
the end of this year--not for anything that they did, but because of
President Obama's war on coal and the excessive regulations that have
forced their former employers into bankruptcy.
{time} 1245
Remember, these men and women did nothing to cause this problem. The
extension of their healthcare benefits will give these families,
unfortunately, little relief. It is for only 4 months, not any longer.
After this bill passes, in just a few short weeks, they will be back
in the same position. They will get the same notice.
I am deeply disturbed that this bill does not include a long-term
solution. Some in the Senate are even willing to kill this bill, but,
in so doing, they would be abandoning the 20,000 coal miners. We can't
do that. We have to accept what we have. We can't turn our back on
these families.
Stopping this CR would put 20,000 people in harm's way. So I am
supporting its passage, extending my hand to the leadership, and asking
that they work with me when we return next Congress to find a long-term
solution. Our coal miners deserve the peace of mind to know that their
benefits will not be threatened in the future. I am willing to work
with leadership, and anyone else, in Congress to get that done.
Mr. Chairman, I have enjoyed very much working with you for the last
6 years. So my question to you is: Is it your understanding that we
will have the opportunity to pursue a long-term solution and fund the
healthcare benefits of retired coal miners in the first months of the
115th Congress and before the CR expires?
Mr. ROGERS of Kentucky. Will the gentleman yield?
Mr. McKINLEY. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Yes, that is my understanding. Just across
the river from you, in my home State of Kentucky, there are thousands
of retired miners who will be impacted by the expiration of these
healthcare benefits, many of them in my district. These miners have
worked hard their entire lives to earn these benefits, and they deserve
to know that the promises made to them, while working day in and day
out in the mines, will be honored.
I am committed to working with you and other Members representing
coal country to arrive at a lasting solution to this problem in the new
Congress and to provide some lasting relief to our coalfields, which
have suffered so much in the last 8 years.
Mr. McKINLEY. Reclaiming my time, thank you, Mr. Speaker. I look
forward to working with you. You have been very honorable, and someone
that I have truly enjoyed working with. As we proceed on this in the
next year, I think we can be successful. With incoming Chairman
Frelinghuysen, I am even more excited. This is a way to get a final
resolution.
Mrs. LOWEY. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentlewoman from New York has 22 minutes
remaining.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the ranking member of the Energy and Water
Subcommittee on Appropriations.
Ms. KAPTUR. Mr. Speaker, I thank the gentlewoman for yielding and
compliment her on her work as ranking member, and to the chairman of
our full committee, Mr. Rogers, an incredible chairman. Both of them
did their work.
I rise today--as the underlying bill that all of this is attached to
is our energy and water bill--appalled at this Christmas tree bill that
the Republican leadership has foisted on this Congress in the last
minute. This is exactly the type of bill the public hates.
The top brass over there literally disrespected our committee work
and produced, instead, a rotten egg. Today, we will take a vote that
forces us to choose between shutting the government down 2 weeks before
Christmas or supporting a disgrace of a funding bill, laced with
nongermane, controversial provisions.
What kind of choice is this? What happened to the Republican's top
priority of funding the government under regular order? It is not our
committee's fault. We did our job. What happened to voting on 12
appropriations bills and allowing amendments under regular order? We
want to do that, but we are being handcuffed.
I will tell you what happened. The Republican leaders threw out our
up-to-date bills. They threw them in the trash, and they replaced them
with yet another bill that looks in the rearview mirror with numbers
that are 2 years old and doesn't meet America's current realities. It
forces our government agencies, including Defense, which Republicans
claim to care so passionately about, to operate without any
predictability or stability. This is disgraceful. No wonder Americans
are so mad at us.
If Republicans wanted to take care of the military, they have failed.
The military has never, ever operated under a continuing resolution
during a Presidential transition until now. Imagine how the commanders
in the field feel when the April deadline hits. What is going to happen
in May?
If Republicans wanted to take care of American workers, they have
failed. This resolution abandons hardworking coal miners after years of
faithful service, right at Christmastime. Gosh, what a Christmas
present.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield the gentlewoman an additional 1 minute.
Ms. KAPTUR. If Republicans wanted to run the House under regular
order, they have failed. They only brought up half of the 2017 bills to
the floor for a vote. Where are the other six?
If Republicans wanted to fund the government in a responsible and
efficient way, they have failed.
This resolution will likely cost us millions of dollars more in
delayed projects, contract breaches, and lost American jobs. Is this a
sign of what is to come? What happens on April 28 when this filthy
Band-Aid falls off?
If we can't pass bills under regular order this year--when we had a
bipartisan budget agreement and a Republican majority--what will we do
in May when we have not only the rest of the 2017 budget to fix but
also the 2018 budget and the debt ceiling to address?
I wonder what chaotic path the Republican leaders will lead us down
in the new year? This is certainly a sign, a terrible sign, of what is
to come.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes the gentleman
from Michigan (Mr. Upton), the outstanding chairman of the House Energy
and Commerce Committee.
Mr. UPTON. Mr. Speaker, first, I must join a long line of folks
congratulating our friend and chairman of the important Appropriations
Committee, the gentleman from Kentucky (Mr. Rogers), for great service,
assembling a wonderful, hardworking staff, and making sure that,
particularly at Christmastime now, we are not going to be looking at
shutting down the government.
I rise in support of this CR, the continuing resolution. I want to
just inform a couple of my colleagues of some of the very important
provisions that are included in this package, including funding to
begin some of the work enacting 21st Century Cures and relief for
families in Flint, Michigan, and elsewhere around the country.
There is not a single person in this Chamber watching at home today
who has not been touched by disease in some way. We have said all too
many goodbyes to the people that we hold dear. Every day, countless
folks living vibrant lives are delivered unexpected diagnoses. It is a
cycle that repeats itself over and over in every community. Life can
change in an instant, and hope seems sometimes out of reach. Whether it
be Alzheimer's, lupus, MS, cancer, you name the disease--diabetes.
That is why both the House and the Senate overwhelmingly passed the
bipartisan 21st Century Cures Act with 392 votes in the House and 94 in
the Senate just yesterday. It is set to be signed into law next week,
and our effort will help change the conversation
[[Page H7520]]
on innovation and research. But it is patients that it is going to help
the most.
This bill fulfills our commitment to hit the ground running
immediately in our effort to deliver cures now, delivering valuable
funds in this fiscal year, something that was critical as we worked
together on both sides of the aisle in both the House and the Senate to
get it done.
The bill also fulfills our commitment to the folks of Flint,
Michigan. Again, an issue that we have dealt with. I commend Mr.
Kildee, who is on the floor, for working with him in a bipartisan way.
The system failed them at every level of government. But that is not
what the folks in Flint wanted to hear. They wanted answers. This bill
finally delivers that, and it has been a long struggle. And, again, I
commend the gentleman from Michigan (Mr. Kildee) for his leadership on
this. We worked together. This bill provides the effort to right those
past wrongs. They want answers and results, and this bill delivers
exactly that.
I urge my colleagues on both sides of the aisle to pass this bill and
send it to the Senate and then to the President.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Serrano), the ranking member of the Appropriations
Subcommittee on Financial Services and General Government.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Speaker, I thank the gentlewoman.
I rise to join my voice to those from New York and other places who
continue to ask: Why not fairness in reimbursing New York City for the
work that it is doing, the money that it is spending, to take care of
the President-elect? We don't have a problem with safeguarding him, but
someone should pay, other than the local government.
I must remind you, or warn you, that he loves New York, and that is
fine. I suspect this will be a President who will spend a lot of time
in New York City, rather than in the White House. That might sell well
on some TV networks, but it won't sell well for the taxpayers of New
York.
So I think it is important for us now to be able to get New York the
$35 million it has already paid. Now, there is $7 million in the bill,
and some will say, I can't vote for this because it only has $7
million. I am looking at Chairman Rogers, I am looking at Chairman
Frelinghuysen, and I suspect that this is a downpayment on what is to
come, and that the negotiations will get better.
As I close, let me just take a second to say, Hal, you have been a
great chairman. Every time I get up and you look to your right, which
is not difficult for you to do, but when you look to your right and you
single me out to speak, I have always felt that I am part of the team.
You are not leaving the Congress, but you are leaving the chairmanship.
We are going to miss you in that position, but you are replaced by a
friend who now has to sit closer to me when I travel on the train so I
can tell him all of my thoughts. I thank you.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Arkansas (Mr. Womack), a member of the Armed Services
Subcommittee on Appropriations.
Mr. WOMACK. Mr. Speaker, I thank the gentleman from Kentucky for
giving me a couple of minutes here to speak on behalf of this bill.
I am not real sure, Mr. Speaker, how much more constructive I could
be on this discussion of this underlying bill. The truth has already
been spoken by both sides. It is not the bill that we wanted to bring
to the floor. It is not the bills that we have marked up after some
very serious oversight meetings and discussions within the
Appropriations Committee.
As has already been mentioned, we have moved each of the 12 bills
through committee. Only half of them have made it through the floor of
the House. So it is not the final product that any of us on the
Appropriations Committee, and I would guess most of the people in our
Congress, would have wanted to bring.
But it is the bill that is on the floor today, and it is quite
essential that we pass it and leave for the holidays without turning
Washington upside down or our economy upside down. So I support the
underlying bill, and I would recommend that it get a thunderous amount
of approval here within in the Congress.
Before I close, I can't help but remember back 6 years ago, Mr.
Speaker, when I came to this Congress. During the orientation period, I
had an opportunity to engage in conversation with my friend from
Kentucky, Hal Rogers.
I told him then that I wanted to be on his committee. I knew he was
committed to regular order, and I knew he understood the process. I had
the desire to serve on a committee that was actually going to do
something that Washington is not real familiar with, and that is cut
spending. He has done that.
I promised him that I would be willing to take the tough votes, and
that I would be standing there with him and the rest of my colleagues
on the Appropriations Committee to do our job--to restore regular order
and, really, the Article I powers that the Congress should enjoy.
{time} 1300
He has never failed me, nor has he failed our committee. Our
Congress--our House--should appreciate what this gentleman has done
with this regard.
I thank the gentleman from Kentucky for the leadership he has given
our committee, and I thank him for the time here to express my feelings
publicly on the floor of the House.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Price), the ranking member on the Transportation,
Housing and Urban Development, and Related Agencies Appropriations
Subcommittee.
Mr. PRICE of North Carolina. I thank our ranking member, and I
associate myself with the kind remarks others have made regarding our
departing chairman, with whom I also share many years of productive and
cooperative work in this institution.
Mr. Speaker, I am pleased that this continuing resolution includes
significant funding to help ensure that North Carolina and other
affected States have the resources necessary to recover and rebuild in
the wake of Hurricane Matthew and other major storms that struck
earlier this year.
As North Carolina's only member on the Appropriations Committee,
securing this funding has been my top priority since Hurricane Matthew
made landfall, and I am grateful for the bipartisan cooperation of our
State's congressional delegation and also of the Appropriations
Committee leadership throughout this entire process.
The bill before us also includes critical funding to address the
Flint water crisis, our national opioid epidemic, and Vice President
Biden's Cancer Moonshot initiative.
It is heartening to see these efforts bear fruit, but this bipartisan
success stands in stark contrast to how the Republican leadership of
this House has managed the appropriations end game this year. Rather
than work in a productive way with Democrats to finalize our fiscal
year 2017 appropriations bills, Republican leaders of the House have,
again, decided, this time in connivance with the Trump transition, to
abandon the appropriations bills we negotiated in good faith in favor
of yet another stopgap measure, this one arbitrarily lasting for 5
months.
This doesn't bode well for the appropriations process. We have heard
the alarm bells sounded here today by appropriations leaders from both
sides of the aisle.
Make no mistake, there are some immediate consequences as well. This
CR will damage HUD programs that serve our most vulnerable populations.
It will prevent States from receiving new highway and transit funding
called for in the bipartisan FAST Act. The CR also contains a partisan
anti-safety provision that would block overnight rest requirements for
commercial truck drivers, endangering highway travel for millions of
drivers across the country.
Perhaps the most egregious, as well as unprecedented, is the
inclusion of a waiver for President-elect Trump's nominee for Secretary
of Defense. Whatever the merits of this nomination, setting aside the
7-year waiting period that is designed to protect the civilian control
of the military deserves more deliberation and debate than a CR
provides.
Mr. Speaker, as we enter this period of political uncertainty, I hope
that we
[[Page H7521]]
can commit in future fiscal years to an appropriations process that
allows us to exercise the power of the purse--this body's essential
constitutional power--in a measured and bipartisan way.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Idaho (Mr. Simpson), who chairs the all-important Energy
and Water Development, and Related Agencies Subcommittee on our
committee.
Mr. SIMPSON. I thank the chairman for the time.
Mr. Speaker, first, let me thank the chairman for the job he has done
over the last 6 years of leading this committee. It is a difficult job.
We have to make tough choices, and this committee has been willing to
do this. I appreciate the leadership that the chairman and Ranking
Member Lowey have provided for this committee and for the direction in
which we have been able to go.
Let me say also, Mr. Speaker, that I don't really like what we are
doing here. I don't think anybody on the Appropriations Committee likes
what we are doing here. We all know it is necessary because we don't
want the government to shut down, but it is amazing to listen to the
number of people who come on the floor. I know all of the
Appropriations Committee members want to get back to regular order and
do individual bills, conference them, and then do individual conference
reports of all of the bills. That is what should be done. That is
called regular order. The last time that was done was in 1994; 22 years
ago. Under Republican and Democrat leadership, we have not been able to
do it in the last 22 years, and it is time we do.
It is amazing the number of people who come to the floor and who
aren't on the Appropriations Committee who say, Man, we need to get
back to regular order.
We all agree with that.
So how do we do it?
I will tell you how we do it. It takes a commitment. It takes a
commitment of Republican and Democratic leadership that, if you are
going to have open rules, which is when any amendment can be offered--a
lot of these appropriations bills come to the floor, and we have 100 or
150 amendments offered--they take a lot of time to pass. That is okay,
but we have got to have a commitment that we are going to spend the
time on the floor to do these appropriations bills. We are willing to
do that, but it takes a commitment from leadership that we are going to
have the floor time.
We used to have a time when, all during the month of June and the
first of July, it was called appropriations season. We were here for 6
weeks in a row, 5 days a week--sometimes until very late at night and
early in the morning--doing the appropriations bills. We don't do that
anymore. We have a new schedule because the district work period is
very important also, and I understand that for a lot of Members. At
about every third week, we go home and do work in our districts. That
time is important, but we are elected to do a job. We have got to be in
Washington, and we have got to be on the floor, and we have got to be
debating these bills if we want to get back to regular order. We act as
if it comes down from on high that, geez, this just can't happen, like
it is not in our control. It is in our control. We on both sides of the
aisle need to make a commitment that we will get back to regular order
and do individual appropriations bills because that is the way this
place is supposed to work.
I thank the chairman for all of the job and all of the effort that he
and Ranking Member Lowey have done to bring us back to regular order to
the extent we can, and, hopefully, we will keep moving forward.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Farr), the ranking member of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee on Appropriations.
Mr. FARR. I thank the ranking member for yielding.
Mr. Speaker, this is a very bittersweet moment for me. It is the last
time I will speak on this floor after 23 years of serving in the House
of Representatives.
It is sweet because it is about the appropriations process and the
wonderful camaraderie on that committee, which, I think, is the most
important committee and the most exciting committee in Congress because
you deal with all aspects of how government operates. You really do the
policy wonk, the technical stuff, the drilling down--all of those words
we use in order to understand how government works and how much it is
going to cost. You have just heard this incredible bipartisanship of
people--those dedicated to the job they were elected to do on the
committees they serve on--do the appropriations process. All of that
has developed this incredible friendship and, I think, professional
respect we have for one another regardless of our philosophies.
The bitterness of it is that you have just heard everyone so
eloquently speak about the failure of the process in that we are doing
a CR that nobody wants to do.
Why is that?
Frankly--and they are not saying it--I think this is the first test
of how the Congress is going to respond to the new President-elect
Trump's agenda. It was our former Member--now Vice President-elect--
Mike Pence who said: We want a CR.
He served in this House, and he knows the process. We were all in
agreement. We were going to do a comprehensive bill. We have caved to
this request, and we shouldn't have, because this is the only place in
which you do checks and balances. The abuses of the administration can
be only checked and balanced mostly on this committee.
It is going to be a tough year next year, Mr. Speaker. It is going to
be a tough year. Some of the proposals being made are really radical.
They are going to cut a lot of things and hurt a lot of people if this
Congress doesn't correct them. We have a sense of how to do that, but
we can't do it with a CR.
So I leave here really appreciative of the incredible responsibility
that my electorate has given me to be here--the privilege of being in
the House of Representatives. I really have loved the opportunity to be
on the Appropriations Committee. I respect, through the leadership of
our chair and of our ranking member, they have been able to produce
some remarkable appropriations bills.
I will just say to my colleagues: Take back your power. Be what the
electorate wants. Be what the Constitution asks us to do. Be that
serious-minded, representational government that really drills down on
how all of government is going to operate. Don't cave in to CRs.
Mr. ROGERS of Kentucky. Will the gentleman yield?
Mr. FARR. I yield to the gentleman.
Mr. ROGERS of Kentucky. Mr. Speaker, the gentleman and I do not agree
on many issues, but I think all of us agree that he has been an
outstanding Member of the Congress. He has been a workhorse on our
committee, and we are going to miss him.
Congratulations to you on a great career. Thank you for serving.
Mr. FARR. In reclaiming my time, I thank the chairman. I really
appreciate those kind remarks.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Minnesota (Ms. McCollum), the ranking member of the Interior,
Environment, and Related Agencies Appropriations Subcommittee.
Ms. McCOLLUM. Mr. Speaker, once again, this Congress has abandoned
its responsibility to provide a full-year appropriation. Months of hard
work were thrown away, pushing important funding decisions down the
road. I have heard from families and business leaders in my district
who are worried about the uncertainty that continuing resolutions
create in their daily lives. It is not a good way to govern. It is not
a good way forward for our country.
As the ranking member of the Interior, Environment, and Related
Agencies Subcommittee, I am disappointed that this bill only provides 5
months of funding for priorities like clean air, clean water, national
parks, and our treaty obligations.
We need to secure funding for hospitals and for schools in Indian
Country, and it should be for a full year. We need to manage our
national forests and parks and the Environmental Protection Agency's
monitoring of toxins
[[Page H7522]]
that threaten the health of our families. The decision that we have
before us today only allows these programs to continue for 5 months and
be in jeopardy again in April. This bill does take one important step,
however, to assist with the lead poisoning crisis in Flint; although,
it is less than what is needed and it comes far too late.
I thank, however, Chairman Calvert and Chairman Rogers, and I thank
Ranking Member Lowey for their work to ensure that this bill does not
contain any new policy riders that would impact the Interior,
Environment, and Related Agencies Subcommittee's jurisdiction.
My biggest concern with this legislation, however, is not interior-
related, but, instead, involves the fundamental principle of our
democracy. The decision by Republican leadership to include language
that would limit a full public debate on Senate confirmation for the
nominee of Secretary of Defense is alarming. Civilian control of our
military has been a cornerstone of American democracy since our
country's founding. When the Secretary of Defense position was created
in 1947, this principle was enshrined into law. I think the decision
moving forward in this bill is deeply concerning to all Americans.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Kildee), a member of the Committee on Financial Services.
Mr. KILDEE. I thank my friend and colleague, the ranking member, for
yielding and for her work on behalf of my hometown of Flint. She has
been one of the strong advocates.
Mr. Speaker, no piece of legislation that I have yet seen in the 4
years I have been in Congress and that has come before this floor is
perfect, and this bill is included; but the people of Flint today--the
people of my hometown--cannot drink their water because of actions by
the State government and, frankly, as we know, because of the failure
of the Federal Government, through the EPA, to alert the citizens of
Flint to the crisis. The fact that their water had been poisoned has
caused this community to face the biggest crisis that it has faced in
all of its years.
{time} 1315
I am a product of Flint, Michigan. I grew up in Flint. Everything I
have, everything I am, I owe to that community--and it has faced some
terrible struggles over the years: the loss of manufacturing jobs, 90
percent of those manufacturing jobs are gone; the loss of half of its
population, blight and abandonment. It is a community that had just
begun to rebuild itself when this water crisis caused Flint to face the
toughest times it has ever faced. It needs every level of government to
step up to provide relief.
This bill includes necessary funding to put Flint back on a path that
allows its citizens to have the basic human right of clean drinking
water. So I ask my colleagues, as we go forward, obviously consider all
of the elements of all legislation, but also keep in mind this is the
last day of this session of Congress in the House of Representatives,
this is our last chance to provide that much-needed help to my
hometown. This is why I was sent to Congress: to fight for the people
whom I represent, to make sure they have what they need, and to make
sure, at this moment of their greatest need, that every level of
government responds to them. That is why I will support this bill, and
I would hope my colleagues will join me in that.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Texas (Mr. Carter), who chairs the all-
important Homeland Security Subcommittee on our committee.
Mr. CARTER of Texas. I thank the chairman for yielding.
Mr. Speaker, I am a proud member of the Appropriations Committee. I
have one of the most difficult areas as far as current events in the
country, and that is homeland security.
I don't like a CR any more than any other appropriator likes a CR,
but our job is to fund the government. The Constitution tells us we are
to fund the government, and we have hardworking people like Hal Rogers,
who reads the Constitution and realizes we have got to take the best
medium we can for now and fund the government. So, of course, I am
going to support this CR and I hope all my colleagues will.
I want to tell you, all of us on the Appropriations Committee go
through the entire process of doing the best we can for the departments
we represent, to give them suggestions of leadership and direction to
fund the projects that they need, to take care of the employees who
work there and take care of the mission of every department we have. To
have to see cede all that to a CR is painful, but reality is reality.
The government must go on, and at this point in this time the
government will go on with a CR.
I also wanted to get up and say, as you go through these battles,
wonderful people like my chairman and ranking member, Mr. Rogers and
Mrs. Lowey, fight through the frustrations through the entire
committee, and we do this. Yet these great minds like Hal Rogers know
what it takes to make things work around here, and they are willing to
put in the time and the effort to get it done no matter how it has to
be done. Our preference is to pass all appropriations bills into law. A
necessity at this time is a CR, and I trust absolutely that my chairman
is doing the right thing.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee), from the Committee on the Judiciary and the
Committee on Homeland Security.
Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from New York
for yielding, and I thank her for her leadership.
I want to associate myself with the words about the chairman, Mr.
Rogers, and thank him for his years of commitment and dedication to
this Nation.
I also want to acknowledge my good friend Sam Farr, and I thank him
so very much for being so strong and committed to the right things of
this body and the Nation. I thank him for his service.
I join with my colleagues. Many have said this is the wrong way to
fund the government, that appropriations legislation done by the
Appropriations Committee was ready and done. I join my colleague who
says that we caved. We conceded to not doing our job in the 114th
Congress, and for that reason, I am very concerned.
Earlier today we had the WRDA bill, and I support that bill for the
many projects that are going to help the citizens of Texas. I wish I
could say the same thing as we go into the continuing resolution, for,
yes, we have suffered in the State of Texas. There is $1 billion for
the Army Corps of Engineers, $1.8 billion for the Community Development
Block Grant, and $1 billion for the Federal highway.
Certainly, I would say, in the WRDA bill is the authorization for
helping the people of Flint and a reform of the Safe Drinking Water Act
to make sure we protect our children from lead-filled water. That is a
good thing, but it is not a good thing to only put $100 million in for
Flint. But I support my colleague from Michigan (Mr. Kildee) because
this money is needed, and it is needed now.
I think there is more we can do, and we should have done it in
regular order; and if we had done regular order, a few more days, we
would have passed appropriations bills.
Let me also say that what really skews and takes this bill, the CR,
off its wheels is the waiver, the expedited process of trying to move
forward a nominee of the incoming President, violating statutory law
that has not been utilized in 66 years since the famous General
Marshall was selected. Why not regular order--hearings, legislation,
understanding what this will do to the military-civilian separation?
Mr. Speaker, let me simply say we have got to do our job the right
way. The CR is not the right way. The American people need us to do our
job the right way.
Mr. Speaker, I rise to speak about Senate Amendment to H.R. 2028, the
``Energy and Water and Related Agencies Appropriations Act of 2016.''
This bill is an imperfect vehicle for appropriations for FY 2017,
because it does not fully fund the government for the entire fiscal
year; it includes language to change a law that is unrelated to the
budgetary or appropriations process; and it keeps in place
sequestration.
The leadership of the House is using the last day the 114th Congress
will be in session
[[Page H7523]]
to do work that should take 8 months to complete in a regular
appropriations process.
Senate Amendment to H.R. 2028 goes against sound fiscal practice by
including the budget gimmickry known as sequestration, a fiscal
bludgeon that makes across the board cuts in funding for the valuable
services depended upon by American children, seniors, workers,
veterans, students, and small businesses.
Mr. Speaker, the Continuing Resolution before us extends current
Fiscal Year 2017 government funding through April 28, 2017, at its
current rate, which includes an across-the-board cut of .19% for all
accounts, defense and non-defense.
Senate Amendment to H.R. 2028 also does something very serious, and
has nothing to do with funding the federal government; this bill
changes the number of years a retired member of the armed services must
wait before being considered for the position of Secretary of Defense.
The bill's critical imperfection has nothing to do with funding the
federal government--it is a change in law that would allow a retired
military person to serve after only 3 years of retirement instead of 7.
The service to our nation and the honor and integrity of the person
under consideration at present to be the next Secretary of Defense is
not in question--it is the reason why there is a waiting period and why
that is important.
By placing this change in a continuing resolution--a bill designed
not to allow more than an hour of debate and no changes is not the
vehicle we should use to make this change.
If President Obama had suggested a change in law to be accomplished
in a continuing resolution appropriations bill, his request would have
been denied.
The politicization of the legislative process has seriously
undermined the credibility of the Congress to do the important work of
funding the federal government.
Mr. Speaker, I am disappointed that we have again been placed in the
position of having to fund the government through the device of a
continuing resolution rather than through the normal appropriations
process of considering and voting on the twelve separate spending bills
reported by the Committee on Appropriations.
The use of this appropriations measure to further a political
objective adds further insult to this body and the appropriations
process.
There are oversight committees with the knowledge, expertise and
experience to make the determination on whether this change is prudent
and if they determine that it is--to make the appropriate changes in
law.
Senate Amendment to H.R. 2028 is not perfect--far from it--but it is
a modest and positive step toward preventing Republicans from shutting
down the government again and manufacturing crises that only harm our
economy, destroy jobs, and weaken our middle class.
The government shutdown of 2013, which was manufactured by the
Republican majority, lasted 16 days and cost taxpayers $24 billion.
The cost to federal employees and the people they serve cannot be
calculated.
Mr. Speaker, as with any compromise there are some things in the
agreement that I support and some things that I strongly oppose.
For example, I support the provisions in the Continuing Resolution
ensuring that funding for appropriated entitlements continue at a rate
maintaining program levels under current law.
The Continuing Resolution provides $4 billion in emergency funding
for disaster relief for damage caused by Hurricane Matthew in North
Carolina, South Carolina, and Florida; and severe flooding that
occurred in Texas, Louisiana, West Virginia, and elsewhere.
Funding includes:
$1 billion for the Army Corps of Engineers to repair damage to
federal projects resulting from recent severe storms;
$1.8 billion for the Community Development Block Grant;
$1 billion for the Federal Highway Administration's Emergency Relief
program to rebuild infrastructure after natural disasters;
The Continuing Resolution includes $5.8 billion in Overseas
Contingency Operations (OCO) funding for defense priorities from the
budget amendment submitted in November:
$5.1 billion is to support counterterrorism operations; and
$652 million is to support the European Reassurance Initiative.
The Continuing Resolution includes $4.3 billion in Overseas
Continency Operations funding for non-defense priorities, including:
$1.6 billion for Embassy Security;
$1.2 billion for Economic and Stabilization Assistance, including
countering Russian influence;
$916 million for Humanitarian Assistance to respond to 65 million
displaced persons;
$160 million for State Department and USAID operations; and
$404 million in Security Assistance for civilian police training and
judicial aid, anti-terrorism training and explosive ordnance removal,
peacekeeping and stabilization programs in Africa and the Middle East;
The Continuing Resolution provides:
$100 million for making capitalization grants to Flint, Michigan
under the Drinking Water State Revolving Funds. These funds will
address lead or other contaminants in drinking water, including repair
and replacement of lead service lines and public water system
infrastructure;
$20 million for Water Infrastructure Finance and Innovation (WIFIA)
Grants to finance water infrastructure efforts, including those to
address lead and other contaminants in drinking water systems;
$20 million for a Lead Exposure Registry to collect data on lead
exposure and an Advisory Committee to review programs, services, and
research related to lead poisoning prevention;
$15 million in additional funding for CDC's Childhood Lead Poisoning
Prevention Program to conduct screenings and referrals for children
with elevated blood lead levels; and
$15 million in additional funding for HRSA's Healthy Start Program to
reduce infant mortality and improve perinatal outcomes.
The Continuing Resolution appropriates $872 million from accounts
funded by the 21st Century Cures Act, including:
$500 million to support grants to States to respond to the opioid
abuse crisis; and
$352 million to support biomedical research at the National
Institutes of Health.
Mr. Speaker, to illustrate how strongly I feel about the need to end
sequestration, let me chronicle the severity of the suffering and pain
inflicted by sequestration on the most vulnerable residents of Texas
and the constituents that I serve.
Head Start and Early Head Start services were eliminated or severely
impacted with approximately 4,800 children being impacted throughout
the state of Texas.
Families in my district who rely on Federal Government programs like
Head Start are hurting.
The pain did not start with the 2013 shutdown, but with sequestration
which hit Head Start programs for 3 to 4 year olds in the Houston area
hard: $5,341 million cut; 109 Employees cut; 699 Slots for children
cut.
Head Start and Early Head Start Programs were further stressed by the
federal government shutdown.
My support of Head Start and Early Head Start is based on what I have
seen and heard about programs like the AVANCE-Houston Early Head Start
program serving parents and children in the 18th Congressional
District.
The AVANCE-Houston Early Head Start is a program serving low income
families in my Houston, Texas District.
I have visited with AVANCE-Houston administrators many times to get
an update on how low-income families with infants and toddlers and
pregnant women served by the program were doing.
The AVANCE-Houston Early Head Start's mission is simple: AVANCE-
Houston works for healthy prenatal outcomes for pregnant women,
enhances the development of very young children, and promotes healthy
family functioning.
AVANCE-Houston serves nearly 1,800 children citywide; each of these
families and their children are suffering the effect of the
sequestration.
Sequestration has cost AVANCE-Houston over $842,518 in Head Start and
Early Head Start lost funding and put on hold the head start on the
future our children deserve.
As I stated, Mr. Speaker, this Continuing Resolution is not perfect
and it only funds the government until April 28, 2017.
For that reason, I renew my call that all members of the House and
Senate work together to reach agreement on an appropriate budget
framework that ends sequestration but does not harm our economy or
require draconian cuts to the nation's priorities.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from the
State of California (Ms. Pelosi), the distinguished Democratic leader.
Ms. PELOSI. Mr. Speaker, I thank the gentlewoman for yielding, and I
commend her for her excellent leadership as the ranking Democratic
member on the Appropriations Committee.
As an appropriator myself, I understand the culture. I understand the
camaraderie between parties. For that reason, I want to commend our
distinguished chairman, Mr. Rogers, for his wonderful service as the
chairman of the Appropriations Committee. I served with him for many
years on the committee. I know firsthand his concern for the American
people, and I thank him for his service. I know he will continue as an
appropriator, but I thank him for his leadership as chairman.
I join in commending one of our Members who is leaving, Sam Farr, for
[[Page H7524]]
his always looking out for America's children, whether it was their
health or education, especially in terms of their access to food
security. I thank Mr. Farr for his leadership.
Mr. Speaker, it is with great regret that I come to the floor to
express my personal disappointment with this legislation, and I will be
voting ``no.'' My colleagues have asked me what I think about it. I am
not urging them to do anything, but I am telling you why I think this
is a missed opportunity.
While we all recognize that it was a moral challenge for us to do
something for the children of Flint, the manner in which it was done,
in a bifurcated way, was used to get votes for another bill, which I
think was wrong. But not to dwell on process--not to dwell on process--
let's just look at the facts. The facts are these:
This will probably be billed at over $1.5 trillion, over $1.5
trillion. There could have been $170 million appropriated for the
children of Flint in this bill. Some would say that is not authorized.
Probably $250 billion to $300 billion in this bill is not authorized,
so why should the children of Flint have to step over a higher barrier?
And that is just exemplary of the partisan nature of the bill.
We have always worked in a bipartisan way, House and Senate
appropriations, and then especially as we come to the end of the year.
But this year it was Republican-Republican, House and Senate.
Again, forget process. But what does that mean in terms of
priorities? It means that Families First, an initiative to help foster
kids in our country, something that had bipartisan support in the House
and Senate, was rejected from consideration. It means, again, that the
miners and the families of coal miners who needed--suppose that
business that you work for, Mr. Speaker, went bankrupt or declared
themselves insolvent and, therefore, your pension and your health care
benefits disappeared. How would you feel? Well, that is just what
happened to the miners, and what was needed was long-term security for
them that Mr. McKinley, a Republican, put forth in his legislation that
we hoped could be taken up and be part of this. But it was rejected by
our Republican colleagues.
It is interesting, because one of the other things that is not in
this bill that we hoped would be is a correction to last year's bill
for extenders for renewable energy. I was told by Republicans that we
don't want to do that for renewable energy because we are fossil fuel
guys. Well, if you are fossil fuel guys, take care of the miners and
their families.
The anticipation would be that there could be a 5-year proposal for
pension and healthcare benefits. Right now, there is a 4-month
provision for health care--4 months, not 5 years--not pensions and
benefits, just health care.
Why? Why is that so unimportant when we are talking about people who
are part of a culture of coal mining in our country, which is fading,
and they need help, and we should be here to help them?
So, as we reject any proposals for renewables that might provide
many, many jobs for these same people, we are also rejecting their
right to their health benefits and their pensions.
The list goes on, but it is really so sad that the Flint issue should
have been all in one bill. It was bifurcated for reasons I can't
explain, and that is why, if I can't explain it, I am not voting for
it. That is why I call upon my colleagues.
Recognizing the many good things in the bill but not meeting the
needs of the American people, foster kids had bipartisan support in the
House and Senate, but it was rejected--rejected.
Now, there is funding for the opioids in this legislation, and I am
pleased about that. I have been told that I should be happy about that
because that was one of our requests. I think it was a bipartisan
request of everyone, House and Senate, to have funding for opioids.
That is what I thought. That is what I thought, and I am glad it is in
the bill.
So, in any event, for the opportunity lost, for the ignoring of some
very legitimate proposals to help the American people, for the
rejection of Republican suggestions in terms of the miners, for these
and other reasons, I will be voting against this, regretfully. We have
tried to work in a bipartisan way in the past, but this year, instead
of four-poster, it is two; and that has had an impact on the content of
what this is, and that content has an impact on the lives of the
American people.
With that, Mr. Speaker, I will just say that that is why I am not
voting for the bill. Members will have to make their own decisions. But
we cannot go down the path of missed opportunities and just roll over
and not speak out and say this isn't the best that we can do for the
American people. We owe them much better than this bill.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
{time} 1330
Mrs. LOWEY. I yield myself such time as I may consume.
Mr. Speaker, as we conclude debate on the CR, I want to take a moment
to acknowledge the service of Chairman Rogers. This may be the last
bill Mr. Rogers will manage as full committee chairman. I have
appreciated his partnership and his friendship. I support his ultimate
goal as chairman, to pass individual spending bills, allowing Members
to exercise their constitutional duty of providing funding for
government programs. It may be an understatement to say he has faced
political headwinds each year that made regular order out of reach, but
I know he will remain as a senior member of the committee, and he will
continue to work to pass full-year bills. I thank him for your
partnership.
Finally, I would be remiss if I didn't take a moment to recognize my
departing colleagues on the committee. For 23 years, Sam Farr has
worked tirelessly to support agriculture, ensure the safety of our food
and medicine, and protect the vitality and cleanliness of our oceans.
He has also been a tireless defender of our military veterans, the
Peace Corps, and the institution of Congress itself.
We are also losing the ranking member of the Commerce, Justice,
Science Subcommittee, Mike Honda. Mike's life experiences, including
his early years with his family in a Japanese American internment camp,
helped shape his efforts addressing income inequality, LGBTQ equity,
and technology issues that are vital to his Silicon Valley district.
New York and all of America's middle class are losing one of their
strongest advocates with Steve Israel, who has been a champion of our
Armed Forces, clean air and water, and the U.S.-Israel relationship.
On the Republican side, we will miss Scott Rigell, David Jolly, and
especially my good friend, chairman of the Subcommittee on Financial
Services and General Government, Ander Crenshaw.
Mr. Speaker, I yield back the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, may I inquire how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Kentucky has 8\1/2\
minutes remaining.
Mr. ROGERS of Kentucky. I yield myself the balance of my time.
Mr. Speaker, as I noted earlier, this may be the last time I speak
before the body as chairman of the House Committee on Appropriations.
Let me first say how much I appreciate the friendship and the
camaraderie with the gentlewoman from New York (Mrs. Lowey). She has
been a pleasure to work with. She is perceptive; she is persistent; she
is a personal friend; and we enjoy a great friendship.
Without a doubt, the last 6 years have had their ups and downs, but I
have always been proud to serve the people of Kentucky, the people of
this Nation, the Committee on Appropriations, and this great
institution that we admire.
Let me highlight, Mr. Speaker, just a few of these ups and downs that
I mentioned with one of my favorite exercises, a by-the-numbers
reflection on our many shared experiences. Here is my by-the-numbers
recollection of my last 6 years at the helm of the Committee on
Appropriations:
650, the number of hearings held by appropriations subcommittees.
140, the number of appropriations bills considered on the House
floor.
19, the number of appropriations bills considered on the floor in
just 1 month, October of 2013.
12, the number of appropriations bills we should pass every year.
[[Page H7525]]
2,122, the number of floor amendments considered to appropriations
bills.
555 and counting, the number of floor hours spent debating
appropriations bills.
70, the number of appropriations bills enacted into law. Hopefully
this will make it 71.
Two trillion, the number of dollars saved in discretionary outlays as
a direct result of our appropriations work.
Too many to count, the number of cigars smoked in my office. And they
were not only me.
Number 1, the number of basketball championships won by the
University of Kentucky.
70, the number of mighty fine Members who have served on the
committee over the last 6 years.
Incalculable, the number of hours our staff--the best on the Hill--
have put into their tireless work on behalf of all of us. This includes
late nights, weekends, holidays, you name it. When we need them, they
are there, and they have done a wonderful job.
In particular, Mr. Speaker, let me take a moment to thank Will Smith,
sitting beside me here. Will worked up the ranks in my personal office,
serving as my chief of staff before moving to the committee in 2011,
first as deputy staff director and now as staff director. He has been
with me for so long and through so much, it is hard to calculate. In
any year, he is a first-round draft pick, and I am fortunate to have
had him by my side these past 6 years. He has done a wonderful,
wonderful job.
Thanks also to Mrs. Lowey and our Senate counterparts, Chairman
Cochran and Ranking Member Mikulski, for all their partnership
throughout the process, and the great work that they have done.
Today is a bittersweet day, but I am deeply honored to have served
this institution at the head of the committee I love. I hope this
institution and the people we serve are better off now because of our
work over the last 6 years. I know that under the steadfast leadership
of our new chairman, my dear friend, Rodney Frelinghuysen, the progress
we have made will only continue to grow.
In addition to Will, let me thank the front office staff of the
committee: Will Smith, Jim Kulikowski, Dale Oak, Stephen Sepp, Jennifer
Hing, Matt Leffingwell, Marta Hernandez, Tammy Hughes, Kaitlyn Eisner-
Poor, Victoria Luck, Kelicia Rice, and Brad Allen. Thank you also to
the clerks of the subcommittees, the people who really do the hard
work: Tom O'Brien, John Martens, Rob Blair, Donna Shahbaz, Winnie
Chang, Valerie Baldwin, Dave LesStrang, Susan Ross, Liz Dawson, Maureen
Holohan, Craig Higgins, Dena Baron, and all of the staff who work with
them in the subcommittees and in the full committee.
Mr. Speaker, in closing, let me thank you for the help that you have
given me as chairman of the committee over the years, both on the
committee and off, the friendships that we have developed, the
camaraderie that develops and exists on our committee and throughout
the body. It has been a great honor to serve in this role. I look
forward to continuing to work in the committee to do the Nation's work.
Thank you all for your collaboration, consideration, and your
companionship over the last 6 years.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 949, the previous question is ordered.
The question is on the motion offered by the gentleman from Kentucky
(Mr. Rogers).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Kentucky. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
order of the House of today, this 15-minute vote on adoption of the
motion will be followed by 5-minute votes on adoption of the motion to
recommit on S. 612; passage of S. 612, if ordered; and agreeing to the
Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 326,
nays 96, not voting 11, as follows:
[Roll No. 620]
YEAS--326
Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Ashford
Babin
Barletta
Barr
Barton
Beatty
Benishek
Bera
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Bonamici
Bost
Boustany
Brady (PA)
Brady (TX)
Brat
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Cardenas
Carney
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clawson (FL)
Clay
Cleaver
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
Deutch
Diaz-Balart
Dingell
Dold
Donovan
Duffy
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Esty
Evans
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Frelinghuysen
Gabbard
Garamendi
Garrett
Gibbs
Goodlatte
Gosar
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Griffith
Grothman
Guinta
Guthrie
Hanabusa
Hanna
Hardy
Harper
Hartzler
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins
Hill
Himes
Hinojosa
Holding
Hoyer
Hudson
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Jolly
Jordan
Joyce
Katko
Keating
Kelly (MS)
Kelly (PA)
Kennedy
Kildee
Kilmer
King (NY)
Kinzinger (IL)
Kline
Knight
Kuster
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Levin
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Marchant
Marino
Matsui
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Newhouse
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pascrell
Paulsen
Payne
Perlmutter
Perry
Peters
Peterson
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price (NC)
Quigley
Rangel
Reed
Reichert
Rice (NY)
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Rothfus
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Salmon
Sanchez, Linda T.
Sanford
Sarbanes
Scalise
Schiff
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Stutzman
Swalwell (CA)
Thompson (CA)
Thompson (PA)
Thornberry
Tiberi
Tipton
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Veasey
Vela
Wagner
Walberg
Walden
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Welch
Wenstrup
Westerman
Wilson (SC)
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--96
Amash
Bass
Becerra
Beyer
Blum
Blumenauer
Boyle, Brendan F.
Bridenstine
Brooks (AL)
Buck
Capps
Capuano
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Clark (MA)
Clarke (NY)
Crowley
DeFazio
DeSaulnier
DesJarlais
Doggett
Doyle, Michael F.
Duckworth
Duncan (SC)
Duncan (TN)
Eshoo
Farr
Franks (AZ)
Fudge
Gallego
Gibson
Gohmert
Gowdy
Green, Al
Grijalva
Gutierrez
Harris
Hastings
Honda
Huelskamp
Huffman
Jackson Lee
Jeffries
Johnson, Sam
Jones
Kaptur
Kelly (IL)
Kind
King (IA)
Labrador
Lee
Lewis
Lofgren
Massie
McCollum
McDermott
McGovern
Meeks
Meng
Moore
Mulvaney
Napolitano
Neal
Neugebauer
Pallone
Palmer
Pearce
Pelosi
Pingree
Pocan
Polis
Ratcliffe
Renacci
Ribble
Ross
Russell
Ryan (OH)
Schakowsky
Schrader
Scott (VA)
Takano
Thompson (MS)
Titus
Tonko
Vargas
Velazquez
Visclosky
Walker
[[Page H7526]]
Watson Coleman
Weber (TX)
Webster (FL)
Williams
Wittman
Yarmuth
NOT VOTING--11
Clyburn
Fincher
Forbes
Green, Gene
Kirkpatrick
Poe (TX)
Price, Tom
Rush
Sanchez, Loretta
Westmoreland
Wilson (FL)
{time} 1403
Ms. ESHOO, Mr. TAKANO, Ms. MOORE, Messrs. GUTIERREZ, JEFFRIES, GOWDY,
DeSAULNIER, WEBER of Texas, and WALKER changed their vote from ``yea''
to ``nay.''
Mr. ELLISON, Mses. SEWELL of Alabama, ROYBAL-ALLARD, and DeGETTE
changed their vote from ``nay'' to ``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________