[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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[[Page H7517]]

  


                              {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.

                          ____________________