[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[Senate]
[Pages 4797-4809]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3801. Mr. ALEXANDER (for himself and Mrs. Feinstein) proposed an 
amendment to 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; as follows:

       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

[[Page 4798]]

     necessary to cover one-half of the costs of construction, 
     replacement, rehabilitation, and expansion of inland 
     waterways projects shall be derived from the Inland Waterways 
     Trust Fund, except as otherwise specifically provided for in 
     law.

                   mississippi river and tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $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.

                           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 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.

[[Page 4799]]

       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)).

                                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 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

[[Page 4800]]

     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 ``$400,000,000''.

                               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.

              Electricity Delivery and Energy Reliability

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for electricity delivery and 
     energy reliability activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $206,000,000, to 
     remain available until expended:  Provided, That of such 
     amount, $28,500,000 shall be available until September 30, 
     2018, for program direction.

                             Nuclear Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for nuclear energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of no more than three 
     emergency service vehicles for replacement only, 
     $1,057,903,000, to remain available until expended:  
     Provided, That of such amount, the Secretary of Energy may 
     obligate up to $10,000,000 under existing authorities, for 
     contracting for the management of used nuclear fuel to which 
     the Secretary holds the title or has a contract to accept 
     title:  Provided further, That of such amount, $80,000,000 
     shall be available until September 30, 2018, for program 
     direction.

                 Fossil Energy Research and Development

       For Department of Energy expenses necessary in carrying out 
     fossil energy research and development activities, under the 
     authority of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the acquisition of interest, 
     including defeasible and equitable interests in any real 
     property or any facility or for plant or facility acquisition 
     or expansion, and for conducting inquiries, technological 
     investigations and research concerning the extraction, 
     processing, use, and disposal of mineral substances without 
     objectionable social and environmental costs (30 U.S.C. 3, 
     1602, and 1603), $632,000,000, to remain available until 
     expended:  Provided, That of the amount made available under 
     this heading in this Act, $60,000,000 shall be available 
     until September 30, 2018, for program direction.

                 Naval Petroleum and Oil Shale Reserves

       For Department of Energy expenses necessary to carry out 
     naval petroleum and oil shale reserve activities, 
     $14,950,000, to remain available until expended:  Provided, 
     That notwithstanding any other provision of law, unobligated 
     funds remaining from prior years shall be available for all 
     naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

       For Department of Energy expenses necessary for Strategic 
     Petroleum Reserve facility development and operations and 
     program management activities pursuant to the Energy Policy 
     and Conservation Act (42 U.S.C. 6201 et seq.), $200,000,000, 
     to remain available until expended.  Provided, That as 
     authorized by section 404 of the Bipartisan Budget Act of 
     2015 (Public Law 114-74), the Secretary of the Department of 
     Energy shall drawdown and sell not to exceed $375,400,000 of 
     crude oil from the Strategic Petroleum Reserve in fiscal year 
     2017:  Provided further, That the proceeds from such drawdown 
     and sale shall be deposited into the Energy Security and 
     Infrastructure Modernization Fund during fiscal year 2017 and 
     shall remain available until expended for necessary expenses 
     in carrying out construction, operations, maintenance, 
     repair, and replacement activities of the Strategic Petroleum 
     Reserve.

                   Northeast Home Heating Oil Reserve

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

                   Energy Information Administration

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

                   Non-Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $255,000,000, to 
     remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For Department of Energy expenses necessary in carrying out 
     uranium enrichment facility decontamination and 
     decommissioning, remedial actions, and other activities of 
     title II of the Atomic Energy Act of 1954, and title X, 
     subtitle A, of the Energy Policy Act of 1992, $717,741,000, 
     to be derived from the Uranium Enrichment Decontamination and 
     Decommissioning Fund, to remain available until expended, of 
     which $30,000,000 shall be available in accordance with title 
     X, subtitle A, of the Energy Policy Act of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not more than 17 passenger motor 
     vehicles for replacement only, including one ambulance and 
     one bus, $5,400,000,000, to remain available until expended:  
     Provided, That of such amount, $191,500,000 shall be 
     available until September 30, 2018, for program direction.

               Advanced Research Projects Agency--Energy

       For Department of Energy expenses necessary in carrying out 
     the activities authorized by section 5012 of the America 
     COMPETES Act (Public Law 110-69), $292,669,000, 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.

         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

[[Page 4801]]

     fees collected pursuant to such section 1702(h) for fiscal 
     year 2017 shall be credited as offsetting collections under 
     this heading and shall not be available until appropriated:  
     Provided further, That the Department of Energy shall not 
     subordinate any loan obligation to other financing in 
     violation of section 1702 of the Energy Policy Act of 2005 or 
     subordinate any Guaranteed Obligation to any loan or other 
     debt obligations in violation of section 609.10 of title 10, 
     Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

       For Department of Energy administrative expenses necessary 
     in carrying out the Advanced Technology Vehicles 
     Manufacturing Loan Program, $5,000,000, to remain available 
     until September 30, 2018.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), $232,142,000, to remain available until 
     September 30, 2018, including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $30,000, plus such additional amounts as 
     necessary to cover increases in the estimated amount of cost 
     of work for others notwithstanding the provisions of the 
     Anti-Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That 
     such increases in cost of work are offset by revenue 
     increases of the same or greater amount:  Provided further, 
     That moneys received by the Department for miscellaneous 
     revenues estimated to total $103,000,000 in fiscal year 2017 
     may be retained and used for operating expenses within this 
     account, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302:  Provided 
     further, That the sum herein appropriated shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2017 appropriation from the 
     general fund estimated at not more than $129,142,000.

                    Office of the Inspector General

       For expenses necessary for the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $44,424,000, to remain available until 
     September 30, 2018.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $9,285,147,000, to 
     remain available until expended:  Provided, That of such 
     amount, $106,600,000 shall be available until September 30, 
     2018, for program direction.

                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for defense nuclear 
     nonproliferation activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $1,821,916,000, to 
     remain available until expended.

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $1,351,520,000, to remain 
     available until expended:  Provided, That of such amount, 
     $47,100,000 shall be available until September 30, 2018, for 
     program direction.

                     Federal Salaries and Expenses

       For expenses necessary for Federal Salaries and Expenses in 
     the National Nuclear Security Administration, $408,603,000, 
     to remain available until September 30, 2018, including 
     official reception and representation expenses not to exceed 
     $12,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one fire apparatus pumper truck, one aerial 
     lift truck, one refuse truck, and one semi-truck for 
     replacement only, $5,379,018,000, to remain available until 
     expended:  Provided, That of such amount $290,050,000 shall 
     be available until September 30, 2018, for program direction.

     Defense Uranium Enrichment Decontamination and Decommissioning

                     (including transfer of funds)

       For an additional amount for atomic energy defense 
     environmental cleanup activities for Department of Energy 
     contributions for uranium enrichment decontamination and 
     decommissioning activities, $717,741,000, to be deposited 
     into the Defense Environmental Cleanup account which shall be 
     transferred to the ``Uranium Enrichment Decontamination and 
     Decommissioning Fund''.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $791,552,000, to remain available until 
     expended:  Provided, That of such amount, $258,061,000 shall 
     be available until September 30, 2018, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $5,000:  Provided, That during fiscal year 
     2017, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

       For expenses necessary for operation and maintenance of 
     power transmission facilities and for marketing electric 
     power and energy, including transmission wheeling and 
     ancillary services, pursuant to section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $1,000,000, including official 
     reception and representation expenses in an amount not to 
     exceed $1,500, to remain available until expended:  Provided, 
     That notwithstanding 31 U.S.C. 3302 and section 5 of the 
     Flood Control Act of 1944, up to $1,000,000 collected by the 
     Southeastern Power Administration from the sale of power and 
     related services shall be credited to this account as 
     discretionary offsetting collections, to remain available 
     until expended for the sole purpose of funding the annual 
     expenses of the Southeastern Power Administration:  Provided 
     further, That the sum herein appropriated for annual expenses 
     shall be reduced as collections are received during the 
     fiscal year so as to result in a final fiscal year 2017 
     appropriation estimated at not more than $0:  Provided 
     further, That notwithstanding 31 U.S.C. 3302, up to 
     $60,760,000 collected by the Southeastern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures:  Provided further, 
     That for purposes of this appropriation, annual expenses 
     means expenditures that are generally recovered in the same 
     year that they are incurred (excluding purchase power and 
     wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

       For expenses necessary for operation and maintenance of 
     power transmission facilities and for marketing electric 
     power and energy, for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out section 5 of the Flood Control Act of 1944 
     (16 U.S.C. 825s), as applied to the Southwestern Power 
     Administration, $45,643,000, to remain available until 
     expended:  Provided, That notwithstanding 31 U.S.C. 3302 and 
     section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
     up to $34,586,000 collected by the Southwestern Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Southwestern 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2017 appropriation estimated at 
     not more than $11,057,000:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, up to $73,000,000 collected 
     by the Southwestern Power Administration pursuant to the 
     Flood Control Act of 1944 to recover purchase power and 
     wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures:  Provided further, That for purposes of this 
     appropriation, annual expenses means

[[Page 4802]]

     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 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

[[Page 4803]]

     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.
       (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 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.

                                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:

[[Page 4804]]

      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.

                      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.
       This Act may be cited as the ``Energy and Water Development 
     and Related Agencies Appropriations Act, 2017''.
                                 ______
                                 
  SA 3802. Mr. SCHATZ (for himself, Mr. Alexander, Mrs. Feinstein, and 
Mr. Coons) submitted an amendment intended to be proposed to amendment 
SA 3801 proposed by Mr. Alexander (for himself and Mrs. Feinstein) to 
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; as follows:

       On page 28, line 16, strike ``$292,669,000'' and insert 
     ``$325,000,000''.
       On page 46, between lines 14 and 15, insert the following:
       (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.
                                 ______
                                 
  SA 3803. Mrs. ERNST submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; as follows:

       On page 53, strike lines 3 through 12.
       Beginning on page 53, strike line 20 and all that follows 
     through page 55, line 8.
                                 ______
                                 
  SA 3804. Mr. ALEXANDER proposed an amendment to amendment SA 3801 
proposed by Mr. Alexander (for himself and Mrs. Feinstein) to 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; as follows:

       Beginning on page 55, line 23, strike ``Provided'' and all 
     that follows through page 56, line 13, and insert the 
     following: ``Provided further, That revenues from licensing 
     fees, inspection services, and other services and collections 
     estimated at $823,114,000 in fiscal year 2017 shall be 
     retained and used for necessary salaries and expenses in this 
     account, notwithstanding section 3302 of title 31, United 
     States Code, and shall remain available until expended: 
     Provided further, That of the amounts appropriated under this 
     heading, not less than $5,000,000 shall be available 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 for fee 
     revenues, notwithstanding section 6101 of the Omnibus Budget 
     Reconciliation Act of 1990 (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 $115,886,000.''.
                                 ______
                                 
  SA 3805. Mr. REID (for himself and Mr. Heller) submitted an amendment

[[Page 4805]]

intended to be proposed to amendment SA 3801 proposed by Mr. Alexander 
(for himself and Mrs. Feinstein) to 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; 
which was ordered to lie on the table; as follows:

       In section 204, strike ``and inserting `$400,000,000''' and 
     insert ``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)'''.
                                 ______
                                 
  SA 3806. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to 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; which was ordered to lie on 
the table; as follows:

       At the end of the general provisions of title I, add the 
     following:
       Sec. ___.  None of the funds made available by this Act may 
     be used by the Corps of Engineers to implement the Dredged 
     Material Management Plan for Long Island Sound.
                                 ______
                                 
  SA 3807. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to 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; which was ordered to lie on 
the table; as follows:

       At the end of title IV, add the following:
       Sec. 4__.  None of the amounts made available by this title 
     for the Nuclear Regulatory Commission may be used to issue 
     any draft or final rule that would provide to any nuclear 
     power plant carrying out decommissioning activities an 
     automatic or permanent exemption from any requirement 
     relating to emergency preparedness.
                                 ______
                                 
  SA 3808. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the end of title I, add the following:
       Sec. 1__.  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''.
                                 ______
                                 
  SA 3809. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:
       Sec. 5__.  Section 10(h) of Public Law 86-787 (74 Stat. 
     1026; 120 Stat. 1474) is amended by striking ``10 years'' and 
     inserting ``20 years''.
                                 ______
                                 
  SA 3810. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NO BUDGET, NO PAY.

       (a) Short Title.--This section may be cited as the ``No 
     Budget, No Pay Act''.
       (b) Definition.--In this section, the term ``Member of 
     Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.
       (c) Timely Approval of Concurrent Resolution on the Budget 
     and the Appropriations Bills.--If both Houses of Congress 
     have not approved a concurrent resolution on the budget as 
     described under section 301 of the Congressional Budget and 
     Impoundment Control Act of 1974 (2 U.S.C. 632) for a fiscal 
     year before October 1 of that fiscal year and have not passed 
     all the regular appropriations bills for the next fiscal year 
     before October 1 of that fiscal year, the pay of each Member 
     of Congress may not be paid for each day following that 
     October 1 until the date on which both Houses of Congress 
     approve a concurrent resolution on the budget for that fiscal 
     year and all the regular appropriations bills.
       (d) No Pay Without Concurrent Resolution on the Budget and 
     the Appropriations Bills.--
       (1) In general.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e).
       (2) No retroactive pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e), at any 
     time after the end of that period.
       (e) Determinations.--
       (1) Senate.--
       (A) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made under clause (i) and (ii) of subparagraph 
     (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Senators may not be paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Senators may not be paid under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Secretary 
     of the Senate.
       (2) House of representatives.--
       (A) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under clauses (i) and 
     (ii) of subparagraph (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Members of the House of Representatives may not be 
     paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Members of the House of Representatives may not be paid 
     under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Chief 
     Administrative Officer of the House of Representatives.
       (f) Effective Date.--This section shall take effect on 
     February 1, 2017.
                                 ______
                                 
  SA 3811. Mr. HOEVEN (for himself, Mrs. Ernst, Mr. Rubio, Mr. 
Barrasso, Mr. Manchin, and Mr. Inhofe) submitted an amendment intended 
to be proposed to amendment SA 3801 proposed by Mr. Alexander (for 
himself and Mrs. Feinstein) to 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; 
as follows:

       At the appropriate place in title V, insert the following:
       Sec. 5___.  None of the funds made available in this or any 
     other Act making appropriations for Energy and Water 
     Development for any fiscal year may be used by the Corps of 
     Engineers to develop, adopt, implement, administer, or 
     enforce any change to the regulations and guidance in effect 
     on October 1, 2012, pertaining to the definition of waters 
     under the jurisdiction of the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.), including the provisions of the 
     rules dated November 13, 1986, and August 25, 1993, relating 
     to such jurisdiction, and the guidance documents dated 
     January 15, 2003, and December 2, 2008, relating to such 
     jurisdiction.

[[Page 4806]]


                                 ______
                                 
  SA 3812. Mr. MERKLEY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       On page 23, line 15, strike the period at the end and 
     insert the following: ``:  Provided further, That of such 
     amount, $95,400,000 shall be available for wind energy.''.
                                 ______
                                 
  SA 3813. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to 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; which was ordered to lie on 
the table; as follows:

       At the end of title I, add the following:
       Sec. 1__.  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.
                                 ______
                                 
  SA 3814. Mr. COATS (for himself, Mrs. Fischer, Mr. Flake, and Mr. 
Toomey) submitted an amendment intended to be proposed to amendment SA 
3801 proposed by Mr. Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       On page 30, line 9, strike the period at the end and insert 
     the following: ``: Provided, That none of the funds made 
     available under this heading shall be used to administer, 
     review, or approve any loan or loan application that was not 
     submitted as of the date of enactment of this Act: Provided 
     further, that none of the funds available to the Secretary of 
     Energy to provide any credit subsidy under subsection (d) of 
     section 136 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17013) as of the date of enactment of this 
     Act shall be obligated for new loan commitments under that 
     subsection on or after October 1, 2020.''.
                                 ______
                                 
  SA 3815. Mr. FLAKE (for himself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       In section 204, strike ``and inserting `$400,000,000''' and 
     insert ``and inserting `$400,000,000, 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), except that none of that $50,000,000 shall be used to 
     carry out any project that creates Colorado River System 
     water that could be released or delivered in the same 
     calendar year during which the project is carried out'''.
                                 ______
                                 
  SA 3816. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 16, line 11, strike the period at the end and 
     insert the following: ``: Provided further, That of the 
     amounts provided herein, the Commissioner of the Bureau of 
     Reclamation shall use such amounts as are necessary to 
     conduct a study on the feasibility of the Bureau of 
     Reclamation or a water user group taking over management of 1 
     or more irrigation projects managed by the Bureau of Indian 
     Affairs on the date of enactment of this Act.''.
                                 ______
                                 
  SA 3817. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 53, line 11, strike ``$151,000,000'' and insert 
     ``$120,000,000''.
       On page 54, line 1, strike ``$25,000,000'' and insert 
     ``$15,936,000''.
       On page 55, line 4, strike ``$10,000,000'' and insert 
     ``$5,000,000''.
                                 ______
                                 
  SA 3818. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the end of title I, add the following:
       Sec. 1__.  No funding shall be made available under this 
     Act for any river or harbor, flood or storm damage reduction, 
     shore protection, aquatic ecosystem restoration, or other 
     similar project, as determined by the Chief of Engineers--
       (1) with respect to which each non-Federal sponsor and each 
     affected Member of Congress states there exists no interest 
     or support for continuing the project; or
       (2) that has been suspended for an indefinite period 
     (including any project for which a non-Federal sponsor fails 
     to provide the non-Federal cost-share or for which the 
     applicable tax base is insufficient), subject to the 
     condition that such a project may be reclassified as an 
     active project at a later date.
                                 ______
                                 
  SA 3819. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 15, line 10, strike ``$1,114,394,000'' and insert 
     ``$1,070,553,000''.
                                 ______
                                 
  SA 3820. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 3, line 11, strike ``$1,813,649,000'' and insert 
     ``$1,744,699,000''.
                                 ______
                                 
  SA 3821. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 13, after line 5, add the following:
       Sec. 105.  Notwithstanding any other provision of this 
     title, the amount made available under the heading 
     ``construction'' under the heading ``Corps of Engineers-
     Civil'' under the heading ``CORPS OF ENGINEERS-CIVIL 
     DEPARTMENT OF THE ARMY'' in this title shall be 
     $1,803,649,000.
       Sec. 106.  None of the funds made available by this title 
     may be used for beach nourishment or beach renourishment.
                                 ______
                                 
  SA 3822. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of this Act, 
     none of the funds made available by this Act may be used to 
     facilitate the development or management of training and 
     workforce development programs (other than the joint Solar 
     Ready Vets program of the Department of Energy and the 
     Department of Defense) that assist and support workers in 
     trades and activities required for the continued growth of 
     the United States energy efficiency and clean energy sectors.
                                 ______
                                 
  SA 3823. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 54, line 7, strike ``$15,000,000'' and insert 
     ``$0''.

[[Page 4807]]


                                 ______
                                 
  SA 3824. Mr. FLAKE (for himself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       On page 5, line 22, strike the period at the end and insert 
     the following: ``: Provided further, That of the funds 
     provided herein, the Secretary of the Army shall use 
     $12,000,000 to 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 for any Corps of Engineers project, non-Federal 
     project regulated for flood control by the Secretary of the 
     Army, or Bureau of Reclamation facilities regulated for flood 
     control by the Secretary of the Army.''.
                                 ______
                                 
  SA 3825. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 28, strike lines 12 through 18.
                                 ______
                                 
  SA 3826. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       Beginning on page 24, strike line 21 and all that follows 
     through page 25, line 11.
                                 ______
                                 
  SA 3827. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       Beginning on page 23, strike line 16 and all that follows 
     through page 24, line 2.
                                 ______
                                 
  SA 3828. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       On page 23, strike lines 4 through 15.
                                 ______
                                 
  SA 3829. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the end of title II, add the following:
       Sec. 2__.  None of the funds made available by this title 
     or any other Act may be used by the Director of the National 
     Park Service or the Director of the Bureau of Indian Affairs 
     to purchase or lease additional vehicles for the National 
     Park Service or the Bureau of Indian Affairs, respectively, 
     until the date on which the Director of the National Park 
     Service or the Director of the Bureau of Indian Affairs, as 
     applicable, certifies that the applicable agency has taken 
     corrective action to address each leased vehicle of the 
     applicable agency that has not--
       (1) met the utilization criteria of the applicable agency; 
     or
       (2) passed the justification process of the applicable 
     agency.
                                 ______
                                 
  SA 3830. Mr. CARDIN submitted an amendment intended to be proposed by 
him to 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; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF FISH AND WILDLIFE.

       (a) In General.--None of the funds made available by this 
     Act shall be available for activities relating to section 
     906(d) of the Water Resources Development Act of 1986 (33 
     U.S.C. 2283(d)) if the Secretary of the Army does not ensure 
     evaluation of and mitigation for impacts to fish and wildlife 
     resources consistent with recommendations developed by the 
     Director of the United States Fish and Wildlife Service, the 
     Secretary of the Interior, and the States pursuant to section 
     2 of the Fish and Wildlife Coordination Act (16 U.S.C. 662), 
     including recommendations to properly evaluate impacts and 
     avoid adverse impacts to fish and wildlife resources.
       (b) Requirements.--
       (1) In general.--In carrying out subsection (a), the 
     Secretary of the Army shall not select a recommended 
     alternative for a water resources project if the Director of 
     the United States Fish and Wildlife Service concludes that 
     the impacts of that alternative cannot be successfully 
     mitigated.
       (2) Mitigation.--The mitigation requirements under this 
     section shall be in addition to any other mitigation measures 
     required under section 906 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2283) and any other applicable Federal 
     or State law (including regulations).
                                 ______
                                 
  SA 3831. Mr. CARDIN submitted an amendment intended to be proposed by 
him to 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; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LOW-IMPACT, COST-EFFECTIVE PLANNING.

       (a) Definition of Nonstructural Measure.--In this section:
       (1) In general.--The term ``nonstructural measure'' means 
     an action that, without using a structural measure--
       (A) uses, enhances, facilitates, protects, or restores 
     naturally occurring hydrologic, geomorphic, and ecological 
     functions and processes; and
       (B) protects or restores the physical, chemical, or 
     biological characteristics of a stream, river, floodplain, 
     wetland, or coast.
       (2) Inclusions.--The term ``nonstructural measure'' 
     includes--
       (A) acquisition of land or an easement;
       (B) relocation, demolition, or elevation of a flood-prone 
     property;
       (C) removal of a structure such as a dam, levee, or 
     culvert, or modification of the structures to restore a 
     natural hydrology, form, function, or process of a river, 
     stream, floodplain, wetland, or coast;
       (D) reestablishment of a natural hydrology, form, function, 
     or process of a river, stream, floodplain, wetland, or coast;
       (E) a living shoreline;
       (F) a measure to increase water conservation, increase 
     water efficiency, or improve water management;
       (G) a building or construction requirement or standard;
       (H) a land use restriction or limitation; and
       (I) removal of a nonnative species or reintroduction of a 
     native species.
       (b) Planning Requirements.--
       (1) In general.--Subject to paragraph (2), none of the 
     funds made available by this Act shall be available for a 
     water resources project for which, in formulating and 
     evaluating a water resources project in a feasibility study, 
     environmental review, or pursuant to section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), the Secretary of the Army 
     did not select and recommend nonstructural measures to 
     address all or a portion of a water resources project 
     wherever those nonstructural measures are practicable.
       (2) Exception.--Paragraph (1) shall not apply to a water 
     resources project if the Secretary of the Army issues a 
     written finding stating that it is not in the Federal 
     interest to use nonstructural measures for the project.
       (c) Presumption.--A nonstructural measure shall be presumed 
     to be available and practicable unless clearly demonstrated 
     otherwise.
       (d) Requirement.--A nonstructural measure recommended under 
     this section shall be cost-effective, as determined pursuant 
     to section 904(b) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2281(b)).
                                 ______
                                 
  SA 3832. Mr. CARDIN submitted an amendment intended to be proposed by 
him to 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; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used for an emergency project under section 5(a) of the 
     Act of August 18, 1941 (33 U.S.C. 701n(a)), if the Secretary 
     of the Army does not consider nonstructural alternatives 
     (including natural or nature-based solutions) for the project 
     where

[[Page 4808]]

     available and practicable and in consultation with a non-
     Federal sponsor.
                                 ______
                                 
  SA 3833. Mr. FRANKEN (for himself and Ms. Heitkamp) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       On page 29, between lines 2 and 3, insert the following:

                  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.
                                 ______
                                 
  SA 3834. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 2__. (a) The Secretary of the Interior, in 
     coordination with the Secretary of the Army and the Secretary 
     of Agriculture, shall 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, 
     shall prepare a plan for the removal of salt cedar from all 
     Federal land in the Lower Colorado River basin 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.
                                 ______
                                 
  SA 3835. Mr. THUNE (for himself, Ms. Klobuchar, Mr. Grassley, Mr. 
Rounds, and Mr. Franken) submitted an amendment intended to be proposed 
to amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to 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; which was ordered to lie on 
the table; as follows:

       At the end of title II, add the following:
       Sec. 2__.  None of the funds made available by this title 
     may be used to carry out any prioritization criteria of the 
     Bureau of Reclamation for use in developing budget requests 
     and allocating funding for ongoing work for rural water 
     projects that does not include the consideration of the non-
     Federal resources, including those above the non-Federal cost 
     share, committed to the project.
                                 ______
                                 
  SA 3836. Mr. DAINES (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to 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; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:


  extension of time for certain federal energy regulatory commission 
                                projects

       Sec. 3__.  (a) Gibson Dam.--(1) In general.--
     Notwithstanding the requirements of section 13 of the Federal 
     Power Act (16 U.S.C. 806) that would otherwise apply to the 
     Federal Energy Regulatory Commission project numbered 12478-
     003, the Federal Energy Regulatory Commission (referred to in 
     this section as the ``Commission'') may, at the request of 
     the licensee for the project, and after reasonable notice and 
     in accordance with the procedures of the Commission under 
     that section, extend the time period during which the 
     licensee is required to commence construction of the project 
     for a 6-year period that begins on the date described in 
     paragraph (2).
       (2) Date described.--The date described in this paragraph 
     is the date of the expiration of the extension of the period 
     required for commencement of construction for the project 
     described in paragraph (1) that was issued by the Commission 
     prior to the date of enactment of this Act under section 13 
     of the Federal Power Act (16 U.S.C. 806).
       (3) Reinstatement of expired license.--If the period 
     required for commencement of construction of the project 
     described in paragraph (2) has expired before the date of 
     enactment of this Act--
       (A) the Commission shall reinstate the license effective as 
     of the date of the expiration of the license; and
       (B) the first extension authorized under paragraph (1) 
     shall take effect on that expiration date.
       (b) Clark Canyon Dam.--Notwithstanding the time period 
     described in section 13 of the Federal Power Act (16 U.S.C. 
     806) that would otherwise apply to the Commission project 
     numbered 12429, the Commission shall, at the request of the 
     licensee for the project, and after reasonable notice and in 
     accordance with the procedures of the Commission under that 
     section, reinstate the license and extend the time period 
     during which the licensee is required to commence 
     construction of project works for the 3-year period beginning 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 3837. Mrs. FISCHER (for Mr. Casey) proposed an amendment to the 
bill S. 1252, to authorize a comprehensive strategic approach for 
United States foreign assistance to developing countries to reduce 
global poverty and hunger, achieve food and nutrition security, promote 
inclusive, sustainable, agricultural-led economic growth, improve 
nutritional outcomes, especially for women and children, build 
resilience among vulnerable populations, and for other purposes; as 
follows:

       On page 23, line 20, strike ``security''.
       On page 24, beginning on line 23, strike ``align'' and all 
     that follows through ``science'' on line 25 and insert 
     ``demonstrably meet, align with and leverage broader United 
     States strategies and investments in trade, economic growth, 
     national security, science''.
       On page 33, line 24, strike ``producers; and'' and insert 
     ``producers;''.
       On page 34, line 6, strike ``8(b)(4).'' and insert 
     ``8(b)(4); and''.
       On page 34, between lines 6 and 7, insert the following:
       (17) demonstrably support the United States national 
     security and economic interest in the countries where 
     assistance is being provided.
       Beginning on page 40, strike line 16 and all that follows 
     through page 44, line 18, and insert the following:

     SEC. 8. REPORTS.

       (a) Global Food Security Strategy Implementation Reports.--
     Not later than 1 year and 2 years after the date of the 
     submission of the strategy required under section 5(c), the 
     President shall submit to the appropriate congressional 
     committees reports that describe the status of the 
     implementation of the Global Food Security Strategy for 2017 
     and 2018, which shall--
       (1) contain a summary of the Global Food Security Strategy 
     as an appendix;
       (2) identify any substantial changes made in the Global 
     Food Security Strategy during the preceding calendar year;
       (3) describe the progress made in implementing the Global 
     Food Security Strategy;
       (4) identify the indicators used to establish benchmarks 
     and measure results over time, as well as the mechanisms for 
     reporting such results in an open and transparent manner;
       (5) describe related strategies and benchmarks for 
     graduating target countries and communities from assistance 
     provided under the Global Food Security Strategy over time, 
     including by building resilience, reducing risk, and 
     enhancing the sustainability of outcomes from United States 
     investments in agriculture and nutrition security;
       (6) indicate how findings from monitoring and evaluation 
     were incorporated into program design and budget decisions;
       (7) contain a transparent, open, and detailed accounting of 
     spending by relevant Federal departments and agencies to 
     implement the Global Food Security Strategy, including, for 
     each Federal department and agency, the statutory source of 
     spending,

[[Page 4809]]

     amounts spent, implementing partners and targeted 
     beneficiaries, and activities supported to the extent 
     practicable and appropriate;
       (8) describe how the Global Food Security Strategy 
     leverages other United States food security and development 
     assistance programs on the continuum from emergency food aid 
     through sustainable, agriculture-led economic growth and 
     eventual self-sufficiency;
       (9) describe the contributions of the Global Food Security 
     Strategy to, and assess the impact of, broader international 
     food and nutrition security assistance programs, including 
     progress in the promotion of land tenure rights, creating 
     economic opportunities for women and small-scale producers, 
     and stimulating agriculture-led economic growth in target 
     countries and communities;
       (10) assess efforts to coordinate United States 
     international food security and nutrition programs, 
     activities, and initiatives with key stakeholders;
       (11) assess United States Government-facilitated private 
     investment in related sectors and the impact of private 
     sector investment in target countries and communities;
       (12) identify any United States legal or regulatory 
     impediments that could obstruct the effective implementation 
     of the programming referred to in paragraphs (8) and (9);
       (13) contain a clear gender analysis of programming, to 
     inform project-level activities, that includes established 
     disaggregated gender indicators to better analyze outcomes 
     for food productivity, income growth, control of assets, 
     equity in access to inputs, jobs and markets, and nutrition; 
     and
       (14) incorporate a plan for regularly reviewing and 
     updating strategies, partnerships, and programs and sharing 
     lessons learned with a wide range of stakeholders in an open, 
     transparent manner.
       (b) Global Food Security Crosscut Report.--Not later than 
     120 days after the President submits the budget to Congress 
     under section 1105(a) of title 31, United States Code, the 
     Director of the Office of Management and Budget shall submit 
     to the appropriate congressional committees a report 
     including--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the 
     principal Federal agencies that carries out global food 
     security activities in the upcoming fiscal year, separately 
     reporting the amount of planned funding to be provided under 
     existing laws pertaining to the global food security strategy 
     to the extent available; and
       (B) to the extent available, identifies all assistance and 
     research expenditures at the account level in each of the 
     five prior fiscal years by the Federal Government and United 
     States multilateral commitments using Federal funds for 
     global food security strategy activities;
       (2) to the extent available, a detailed accounting of all 
     assistance funding received and obligated by the principal 
     Federal agencies identified in the report and United States 
     multilateral commitments using Federal funds, for global food 
     security activities during the current fiscal year; and
       (3) a breakout of the proposed budget for the current and 
     budget years by agency, categorizing expenditures by type of 
     funding, including research, resiliency, and other food 
     security activities to the extent that such information is 
     available.
       (c) Public Availability of Information.--The information 
     referred to in subsections (a) and (b) shall be made 
     available on the public website of the United States Agency 
     for International Development in an open, machine readable 
     format, in a timely manner.

     SEC. 9. RULE OF CONSTRUCTION.

       (a) Effect on Other Programs.--Nothing in the Global Food 
     Security Strategy or this Act or the amendments made by this 
     Act shall be construed to supersede or otherwise affect the 
     authority of the relevant Federal departments and agencies to 
     carry out programs specified in subsection (b), in the manner 
     provided, and subject to the terms and conditions, of those 
     programs, including, but not limited to, the terms, 
     conditions, and requirements relating to the procurement and 
     transportation of food assistance furnished pursuant to such 
     programs.
       (b) Programs Described.--The programs referred to in 
     subsection (a) are the following:
       (1) The Food for Peace Act (7 U.S.C. 1691 et seq.).
       (2) The Food for Progress Act of 1985 (7 U.S.C. 1736o).
       (3) Section 416(b) of the Agriculture Act of 1949 (7 U.S.C. 
     1431).
       (4) McGovern-Dole Food for Education Program (7 
     U.S.C.1736o-1).
       (5) Local and Regional Procurement Program (7 U.S.C. 
     1726c).
       (6) Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1).
       (7) Any other food and nutrition security and emergency and 
     non-emergency food assistance program of the Department of 
     Agriculture.

                          ____________________