DATE:           October 12, 2016

TO:                Procurement Directors
                      Contracting Officers

FROM:           Chief
                      Contract and Financial Assistance Policy Division
                      Office of Policy
                      Office of Acquisition Management

SUBJECT:      Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act, Pub. L. No. 114-223 -- Implementation of Division D, Titles III and V, and Division E, Title VII of the Consolidated Appropriations Act, 2016, Pub. L. No. 114-113.

SUMMARY:    Division C of Pub. L. No. 114-223, entitled “Continuing Appropriations Act, 2017”, at section 101(a), appropriates funds in such amounts as may be necessary, at a rate for operations as provided in the Consolidated Appropriations Act, 2016, and under the authority and conditions provided in such Act, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in the Continuing Appropriations Act, 2017, that were conducted in fiscal year 2016, and for which appropriations, funds, or other authority were made available in the Consolidated Appropriations Act, 2016.

Section 103 of the Continuing Appropriations Act, 2017, states that appropriations made by section 101 shall be available to the extent and manner provided by the Consolidated Appropriations Act, 2016.

Section 104 of the Continuing Appropriations Act, 2017, states that no appropriations or funds made available through the continuing resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2016.

Section 106 states that, unless otherwise provided for, appropriations and funds available and authority granted pursuant to the Continuing Appropriations Act, 2017, shall be available until whichever of the following occurs first: (1) the enactment into law of an appropriation for any project or activity provided for in this Act; (2) the enactment into law of the applicable appropriations Act for fiscal year 2017 without any provision for such project or activity; or (3) December 9, 2016.

Section 109 states that, notwithstanding any other provision of the Continuing Appropriations Act, 2017, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2017 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by the Act that would impinge on final funding prerogatives.

Section 110 states that the Continuing Appropriations Act, 2017, shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities.

Section 123 of the Continuing Appropriations Act, 2017, states that (a) funds made available by section 101 for “Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund” may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded in the appropriation; and (b) the Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of this authority.

Therefore, the Acquisition Letter AL 2016-03 and Financial Assistance Letter FAL 2016-01 implementing instructions and guidance for Division D, Titles III and V, and Division E, Title VII of the Consolidated Appropriations Act, 2016, remains in effect until rescinded or superseded.

This also means that the Congressional Notifications and Quarterly Reporting to the Appropriations Committees as identified in AL 2016-02 and in FAL 2016-02 will continue and remains in effect until rescinded or superseded.

Questions concerning this policy flash should be directed to: doe_oampolicyflash@hq.doe.gov.