DATE: October 16, 2015
TO: Procurement Directors/Contracting Officers
FROM: Director
Contract and Financial Assistance Policy Division
Office of Policy
Office of Acquisition Management
SUBJECT: Continuing Appropriations Act, 2016, Pub. L. No. 114-53 -- Implementation of Division D, Titles III and V, and Division E, Title VII of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235.
SUMMARY: Section 101(a) of the Continuing Appropriations Act, 2016, Pub. L. No. 114-53, appropriates funds in such amounts as may be necessary, at a rate for operations as provided in the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235 ("the 2015 Appropriations Act") and under the authority and conditions provided in such Act, for continuing projects or activities that are not otherwise specifically provided for in the 2015 Appropriations Act, that were conducted in fiscal year 2015, and for which appropriations, funds, or other authority were made available in the 2015 Appropriations Act.
Sections 103 and 104 state that appropriations shall be available to the extent and manner that would be provided by the 2015 Appropriations Act and 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 2015.
Section 106 makes appropriations and funds 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 2016 without any provision for such project or activity; or (3) December 11, 2015.
Section 123 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 this 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 the authority provided in subsection (a).
Therefore, the Acquisition Letter AL 2015-04 (Rev 2) and Financial Assistance Letter FAL 2015-03 (Rev 1) implementing instructions and guidance for Division D, Titles III and V, and Division E, Title VII of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235 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 2015-03 and in FAL 2015-02 will continue and remains in effect until rescinded or superseded.
This Flash will be available online at the following website:
http://energy.gov/management/listings/policy-flashes
Questions concerning the policy flash should be directed to doe_oapmpolicy@hq.doe.gov.