Energy and Water Development and Related Agencies Appropriations Act, 2024
This bill provides FY2024 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.
The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for
The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation.
The bill provides appropriations to DOE for energy programs, including
The bill also provides appropriations to DOE for
The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission.
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2443 Reported in Senate (RS)]
<DOC>
Calendar No. 145
118th CONGRESS
1st Session
S. 2443
[Report No. 118-72]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2023
Mrs. Feinstein, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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, 2024, 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, 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 for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $93,272,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress: Provided
further, That of the unobligated balances from prior year
appropriations available under this heading, $10,380,000 is rescinded:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
planning, engineering, and design
For expenses necessary for conducting surveys and detailed studies,
and plans and specifications, prior to construction of river and
harbor, flood and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related projects authorized by law
(including those involving participation by States, local governments,
or private groups) 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), $47,024,000, to remain
available until expended: Provided, That the Secretary shall not
deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting and
completing detailed studies, 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); $2,029,345,000, to remain available until expended; of
which $124,060,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 35 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $83,448,000 is
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That of the amounts made available under this heading,
$400,000,000 is designated by the Congress as being for an emergency
requirement pursuant section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
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, $353,145,000, to remain
available until expended, of which $16,057,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $1,112,000 is
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, 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, $5,531,905,000, to remain available until
expended, of which $2,630,829,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors; of which such sums as become available from the
special account for the 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 at which outdoor
recreation is available; 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; and of
which $58,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and
shall be designated as being for such purpose pursuant to paragraph
(2)(B) of section 14003 of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136): Provided, That 1
percent of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $2,632,000 is
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That of the amounts made available under this heading,
$665,000,000 is designated by the Congress as being for an emergency
requirement pursuant section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $221,000,000, to remain
available until September 30, 2025.
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, $400,000,000, 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,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs 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 allocable to the civil works
program, $212,000,000, to remain available until September 30, 2025, of
which not to exceed $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 the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the 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, 2025: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the report accompanying this Act, to
specific programs, projects, or activities.
water infrastructure finance and innovation program account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $2,200,000, to remain available until expended, for safety
projects to maintain, upgrade, and repair dams identified in the
National Inventory of Dams with a primary owner type of state, local
government, public utility, or private: Provided, That no project may
be funded with amounts provided under this heading for a dam that is
identified as jointly owned in the National Inventory of Dams and where
one of those joint owners is the Federal Government: Provided further,
That amounts made available under this heading in this Act shall also
be available for projects to construct, maintain, upgrade, and repair
levees and ancillary features with a primary owner type of state,
municipal, county, private, or other non-Federal entity: Provided
further, That no project may be funded with amounts provided under this
heading for a levee unless the Secretary has certified in advance, in
writing, that the levee is not owned, in whole or in part, by the
Federal Government: Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans, including capitalized interest, and total loan
principal, including capitalized interest, any part of which is to be
guaranteed, not to exceed $440,000,000: Provided further, That the use
of direct loans or loan guarantee authority under this heading for
direct loans or commitments to guarantee loans for any project shall be
in accordance with the criteria published in the Federal Register on
June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the
heading ``Water Infrastructure Finance and Innovation Program Account''
in division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94): Provided further, That none of the direct loans
or loan guarantee authority made available under this heading shall be
available for any project unless the Secretary and the Director of the
Office of Management and Budget have certified in advance in writing
that the direct loan or loan guarantee, as applicable, and the project
comply with the criteria referenced in the previous proviso: Provided
further, That any references to the Environmental Protection Agency
(EPA) or the Administrator in the criteria referenced in the previous
two provisos shall be deemed to be references to the Army Corps of
Engineers or the Secretary of the Army, respectively, for purposes of
the direct loans or loan guarantee authority made available under this
heading: Provided further, That for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Secretary shall promptly provide,
documentation and information relating to a project identified in a
Letter of Interest submitted to the Secretary pursuant to a Notice of
Funding Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act. In addition, fees authorized to be collected
pursuant to sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this account, to
remain available until expended. In addition, for administrative
expenses to carry out the direct and guaranteed loan programs,
notwithstanding section 5033 of the Water Infrastructure Finance and
Innovation Act of 2014, $5,000,000, to remain available until September
30, 2025.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfers and rescissions 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 2024, 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 Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (11), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(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) Planning, engineering, and design.--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 $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) 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;
(9) 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 Committees on Appropriations of both Houses of
Congress 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;
(10) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (8), and (9) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(11) 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 Committees on Appropriations
of both Houses of Congress.
(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 Committees on Appropriations
of both Houses of Congress 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;
(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.
Sec. 102. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 103. 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 $8,200,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 104. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 105. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 106. Of the unobligated balances from prior year
appropriations made available to ``Corps of Engineers--Civil'', the
following funds are hereby permanently cancelled from the following
accounts and programs in the specified amounts--
(1) $371,293.38 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title I of division B
of Public Law 109-148;
(2) $562,613.89 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title I
of division B of Public Law 109-148 that were provided for the
Mississippi River-Gulf Outlet channel;
(3) $38,873.32 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title II of Public Law
109-234 that were provided for the Lake Pontchartrain and
Vicinity project, the North Padre Island, Texas project, the
Sacramento, California, Area project, and the Hawaii Water
Systems Technical Assistance Program;
(4) $95.55 from the combined unobligated balances under the
``Construction'' headings in chapter 3 of title IV and chapter
3 of title V of Public Law 110-28;
(5) $83,734.13 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title III of Public
Law 110-252 including amounts that were provided for the Lake
Pontchartrain and Vicinity project, the West Bank and Vicinity
project, and the Southeast Louisiana Urban Drainage project;
(6) $2,122.56 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title III
of Public Law 110-252;
(7) $10.72 from the unobligated balances under the heading
``Mississippi River and Tributaries'' in chapter 3 of title III
of Public Law 110-252;
(8) $274,678.03 from the unobligated balances under the
heading ``Construction'' in chapter 3 of title I of division B
of Public Law 110-329 that were provided for the Lake
Pontchartrain and Vicinity project, the West Bank and Vicinity
project, and the Southeast Louisiana Urban Drainage project;
(9) $267,434.81 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 3 of title I
of division B of Public Law 110-329;
(10) $0.02 from the unobligated balances under the heading
``Operation and Maintenance'' in title IV of Public Law 111-32;
(11) $246,869.24 from the unobligated balances under the
heading ``Operation and Maintenance'' in chapter 4 of title I
of Public Law 111-212; and
(12) $2,643,142.04 from the unobligated balances under the
heading ``Operation and Maintenance'' in title I of Public Law
112-77.
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, $19,556,000, to remain available until expended, of
which $4,650,000 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, $1,750,000 shall be available until
September 30, 2025, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2024, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,990,000 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, $1,773,497,000, to remain available until expended, of
which $1,051,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $7,584,000 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 $500,000 shall be available for transfer into the Aging
Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):
Provided further, That such transfers, except for the transfer
authorized by the preceding proviso, 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, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114-322,
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 made available under this heading,
$5,000,000 shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of appendix D of
Public Law 106-554: 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: Provided further, That within available funds, $250,000 shall be
for grants and financial assistance for educational activities.
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, such sums as may be collected in fiscal
year 2024 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, $33,000,000, 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 six regions of the Bureau of Reclamation, to remain
available until September 30, 2025, $66,794,000, 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 and replacement of motor vehicles.
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 2024, 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;
(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 both Houses of Congress;
(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
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(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
both Houses of Congress; 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
both Houses of Congress.
(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) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``Committee Recommendation''
columns in the ``Water and Related Resources'' table included under the
heading ``Title II--Department of the Interior'' in the report
accompanying this Act.
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$820,000,000'' and inserting ``$920,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of
division D of Public Law 117-103, shall be applied by substituting
``2024'' for ``2023'' each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ``$25,000,000'' and
inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) shall be applied by substituting ``2024''
for ``2023''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by
substituting ``2024'' for ``2023''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2024''
for ``2023'' and by substituting ``$130,000,000'' for ``$120,000,000''.
Sec. 207. None of the funds provided in this Act may be used for
the Shasta Dam and Reservoir Enlargement Project.
Sec. 208. Section 9503(f) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting
``2024'' for ``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Industrial Emissions and Technology Coordination
For Department of Energy expenses necessary for carrying out the
activities and coordination of clean industrial research, development,
demonstration, and deployment, and coordination of energy and
technology programs, $3,500,000, to remain available until expended.
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, $3,686,749,000, to
remain available until expended: Provided, That of such amount,
$243,000,000 shall be available until September 30, 2025, for program
direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response 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, $200,000,000, to remain available until expended: Provided,
That of such amount, $25,000,000 shall be available until September 30,
2025, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity 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, $290,000,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall be
available until September 30, 2025, for program direction: Provided
further, That funds under this heading allocated for the purposes of
section 9 of the Small Business Act, as amended (15 U.S.C. 638),
including for Small Business Innovation Research and Small Business
Technology Transfer activities, or for the purposes of section 1001 of
the Energy Policy Act of 2005, as amended (42 U.S.C. 16391(a)), for
Technology Commercialization Fund activities, may be reprogrammed
without being subject to the restrictions in section 301 of this Act.
Grid Deployment
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for grid deployment in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7191 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $60,000,000, to remain available until expended: Provided,
That of such amount, $6,000,000 shall be available until September 30,
2025, for program direction: Provided further, That amounts provided
under this heading may be used to carry out activities, including
financial assistance, procurement, technical assistance, and workforce
support, to enhance the domestic supply chain for the manufacture of
transformers and electric grid components, including key materials and
components thereof.
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, $1,550,887,000, to remain available until
expended: Provided, That of such amount, $85,500,000 shall be
available until September 30, 2025, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Committee
Recommendation'' column in the ``Department of Energy'' table included
under the heading ``Title III--Department of Energy'' in the report
accompanying this Act: Provided further, That of the amounts made
available under this heading, $300,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil
energy and carbon management 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), $892,000,000, to remain available until expended: Provided,
That of such amount $79,000,000 shall be available until September 30,
2025, for program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$87,896,000, to remain available until expended, for projects specified
in the table that appears under the heading ``Congressionally Directed
Spending of Energy Projects'' in the report accompanying this Act.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,010,000, 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.), $214,908,000, to remain available until expended:
Provided, That notwithstanding sections 161 and 167 of the Energy
Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of
Energy shall draw down and sell one million barrels of refined
petroleum product from the Strategic Petroleum Reserve during fiscal
year 2024: Provided further, That all proceeds from such sale shall be
deposited into the general fund of the Treasury during fiscal year
2024: Provided further, That upon the completion of such sale, the
Secretary shall carry out the closure of the Northeast Gasoline Supply
Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to
remain available until expended: Provided, That of the unobligated
balances from amounts deposited under this heading pursuant to section
167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6247(b)(3)), $401,000,000 is hereby permanently rescinded not later
than September 30, 2024.
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.), $7,150,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, 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, $354,000,000, to remain available until
expended: Provided, That in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2024 pursuant to section
309 of title III of division C of Public Law 116-94 are appropriated,
to remain available until expended, for mercury storage costs.
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,
$862,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$6,792,000 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 any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
$8,430,000,000, to remain available until expended: Provided, That of
such amount, $236,700,000 shall be available until September 30, 2025,
for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, $12,040,000, to
remain available until expended and to be derived from the Nuclear
Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $20,000,000, to remain available
until expended: Provided, That of such amount, $11,500,000 shall be
available until September 30, 2025, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for clean energy demonstrations 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, $89,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be
available until September 30, 2025, 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), $450,000,000, to remain available until expended:
Provided, That of such amount, $37,000,000 shall be available until
September 30, 2025, 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 of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $70,000,000 is appropriated, to
remain available until September 30, 2025: Provided further, That up
to $70,000,000 of fees collected in fiscal year 2024 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2025: Provided further, That to the
extent that fees collected in fiscal year 2024 exceed $70,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2024 (estimated at
$70,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2024 appropriation from the general fund estimated at $0:
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 609.8 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, $13,000,000, to remain available until September 30, 2025.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to
remain available until September 30, 2025.
Indian Energy Policy and Programs
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.), $75,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$14,000,000 shall be available until September 30, 2025, for program
direction.
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.),
$383,578,000, to remain available until September 30, 2025, 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 $100,578,000 in fiscal year
2024 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
2024 appropriation from the general fund estimated at not more than
$283,000,000.
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,
$86,000,000, to remain available until September 30, 2025.
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, and the purchase of
not to exceed one ambulance, for replacement only, $18,832,947,000, to
remain available until expended: Provided, That of such amount,
$118,056,000 shall be available until September 30, 2025, 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, $2,596,522,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
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, $1,964,100,000,
to remain available until expended, of which, $92,800,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of the amounts
made available under this heading, $61,540,000 shall be available until
September 30, 2025, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $485,000,000, to remain
available until September 30, 2025, including official reception and
representation expenses not to exceed $17,000.
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, $7,296,564,000, to
remain available until expended: Provided, That of such amount,
$326,893,000 shall be available until September 30, 2025, 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,
$575,000,000, 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, $1,079,867,000, to remain available until expended:
Provided, That of such amount, $381,460,000 shall be available until
September 30, 2025, 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 2024, 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, $8,449,000, 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 $8,449,000 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 2024 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$71,850,000 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, $52,326,000, 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 $40,886,000 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 2024 appropriation
estimated at not more than $11,440,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $313,289,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $313,289,000 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 $213,417,000 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 2024 appropriation
estimated at not more than $99,872,000, of which $99,872,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 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, $3,425,000, 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 $3,197,000 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
2024 appropriation estimated at not more than $228,000: 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 2024, the
Administrator of the Western Area Power Administration may accept up to
$1,872,000 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, $520,000,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $520,000,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2023 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 2024 so as to result in a
final fiscal year 2024 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
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 or modify a grant allocation or discretionary
grant award totaling $1,000,000 or more;
(B) make or modify 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 or modify an
allocation, award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make or modify 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 or
modified 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 or modified.
(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
``Committee Recommendation'' column in the ``Department of Energy''
table included under the heading ``Title III--Department of Energy'' in
the report accompanying this Act.
(e) Except as provided in subsection (f), the amounts made
available by this title may be reprogrammed for any program, project,
or activity, and the Department shall notify, and obtain the prior
approval of, 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--
(1) that creates, initiates, or eliminates a program,
project, or activity;
(2) that increases funds or personnel for any program,
project, or activity for which funds are denied or restricted
by this Act; or
(3) that reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. 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 2024 until the enactment of the Intelligence
Authorization Act for fiscal year 2024.
Sec. 303. 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. 304. 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. 305. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 306. None of the funds made available in this title may be
used to support a grant allocation award, discretionary grant award, or
cooperative agreement that exceeds $100,000,000 in Federal funding
unless the project is carried out through internal independent project
management procedures.
Sec. 307. (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 to license, construct, and operate one or more
Federal 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 one 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 one 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;
(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 one or more public hearings in the vicinity of
each potential site and in at least one other location within the State
in which the site is located to solicit public comments and
recommendations.
(h) Use of Nuclear Waste Fund.--The Secretary may make expenditures
from the Nuclear Waste Fund to carry out this section, subject to
appropriations.
Sec. 308. None of the funds made available in this or any other
Act, including prior Acts, may be used to pay the salaries and expenses
of any contractor detailed to a Congressional Committee or Member
Office or to the Executive Branch for longer than a 24-month period:
Provided, That the term contractor is defined in this section to means
any contracted employee of a Department of Energy Laboratory, as
defined by Section 2 (3) of the Energy Policy Act of 2005 (42 U.S.C.
15801).
Sec. 309. Section 322 of Public Law No 118-5 is hereby repealed.
Sec. 310. (a) The fifty-first proviso under the heading ``Energy
Efficiency and Renewable Energy'' in title III of division J of Public
Law 117-58 is amended by striking ``three percent'' each place it
appears and inserting ``five percent''.
(b) The eighth proviso under the heading ``Cybersecurity, Energy
Security, and Emergency Response'' in title III of division J of Public
Law 117-58 is amended by striking ``three percent'' each place it
appears and inserting ``five percent''.
(c) The tenth proviso under the heading ``Electricity'' in title
III of division J of Public Law 117-58 is amended by striking ``three
percent'' each place it appears and inserting ``five percent''.
(d) The twenty-second proviso under the heading ``Fossil Energy and
Carbon Management'' in title III of division J of Public Law 117-58 is
amended by striking ``three percent'' each place it appears and
inserting ``five percent''.
(e) The twenty-sixth proviso under the heading ``Office of Clean
Energy Demonstrations'' in title III of division J of Public Law 117-58
is amended by striking ``three percent'' each place it appears and
inserting ``five percent''.
(f) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the Budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
Sec. 311. (a) The Trusted Source Requirement for LEU used in
Covered Domestic Reactors shall be:
(1) in calendar year 2025, 50%;
(2) in calendar year 2026, 55%;
(3) in calendar year 2027, 60%;
(4) in calendar year 2028, 65%;
(5) in calendar year 2029, 70%;
(6) in calendar year 2030, 75%;
(7) in calendar year 2031, 80%;
(8) in calendar year 2032, 85%;
(9) in calendar year 2032 and thereafter, 85%.
(b) The Secretary may take action that the Secretary deems
necessary or appropriate to administer, implement or enforce the
Trusted Source Requirement.
(c) The Secretary may require any person to provide any
certifications, reports, or other information necessary or appropriate
to demonstrate compliance with the Trusted Source Requirement.
(d)(1) The Secretary shall promulgate, no later than twelve months
after the enactment of this section, a final regulation to implement
this section.
(2) In promulgating the final rule, the Secretary shall consider
the need for:
(A) Mechanisms to allocate the effects of the Trusted
Source Requirement equitably among reactor licensees;
(B) Differentiation among various reactor types;
(C) Differentiation among LEU enriched up to 10 percent of
the uranium-235 isotope and LEU enriched above10 percent of the
uranium-235 isotope; and
(D) Provisions to prevent transactions designed to evade
the purpose of this section.
(e) In this section:
(1) ``Allied Country'' means any nation with which the
United States is engaged in a common military effort or with
which the United States has entered into a common defensive
military alliance.
(2) ``Covered Domestic Reactor'' means a nuclear reactor
licensed by the Nuclear Regulatory Commission for industrial or
commercial purposes.
(3) ``LEU'' means uranium enriched to less than 20 percent
of the uranium-235 isotope, including that which is derived
from highly enriched uranium.
(4) ``Secretary'' means the Secretary of Energy.
(5) ``Trusted Source Requirement'' means the percentage of
conversion and enrichment that must occur within the United
States or an Allied Country.
(f) In administering, implementing or enforcing the Trusted Source
Requirement, the Department shall only use existing statutory
authorities.
(g) That the Secretary of Energy may use funds appropriated or
otherwise made available for a commitment under this section for a
commitment only if the full extent of the anticipated costs stemming
from that commitment is recorded as an obligation at the time that the
commitment is made and only to the extent that up-front obligation is
recorded in full at that time.
Sec. 312. (a) Of the amounts previously appropriated under the
heading ``Department of Energy--Energy Programs'' in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) that are
made available for fiscal years 2024, 2025, and 2026, the following
amounts shall be available, in addition to amounts otherwise made
available under such heading, for the following purposes:
(1) Up to $800,000,000 for Advanced Nuclear Fuel
Availability, of which up to $266,666,666 shall be available
for each of fiscal years 2024, 2025, and 2026; and
(2) Up to $400,000,000 for the Advanced Small Modular
Reactor Research, Development, and Demonstration program for
fiscal year 2024.
(b) Of amounts previously appropriated under the heading
``Department of Energy--Energy Programs--Electricity'' in division J of
the Infrastructure Investment and Jobs Act (Public Law 117-58) that are
made available for fiscal years 2024, 2025, and 2026, up to
$1,200,000,000 shall be available, in addition to amounts otherwise
made available under such heading, for Electricity activities
previously authorized in sections 40101, 40106(d)(3), 40107, or
40125(d) of that Act, including financial assistance, procurement,
technical assistance, and workforce support, to enhance the domestic
supply chain for the manufacture of electric grid components, including
key materials and components thereof, of which up to $400,000,000 shall
be available for each of fiscal years 2024, 2025, and 2026: Provided,
That the funds made available in the preceding proviso may be used to
supplement amounts previously appropriated under the heading
``Department of Energy--Energy Programs--Electricity'' in division J of
the Infrastructure Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts appropriated under such heading may be
increased by up to 15 percent: Provided further, That of funds made
available in the preceding proviso, no additional funds may be expended
to deploy generation.
(c) Any amount repurposed pursuant to this section shall retain its
original period of availability.
(d) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the Budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding 40 U.S.C. 14704, 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, $200,000,000, 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, $42,000,000, to
remain available until September 30, 2025.
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 382F(d), 382M, and 382N of said
Act, $30,100,000, 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, $17,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That notwithstanding
the limitations contained in section 307(c) of the Denali Commission
Act of 1998, as amended, funds shall be available for construction
projects for which the Denali Commission is the sole or primary funding
source in an amount not to exceed 90 percent of total project cost for
distressed communities, as defined by such section and by section 701
of appendix D, title VII, Public Law 106-113 (113 Stat. 1501A-280), and
for Indian Tribes, as defined by section 5304(e) of title 25, United
States Code, and in 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 any
project for which the Denali Commission is not the sole or primary
funding source, provided that such project is consistent with 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, $41,000,000, 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.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $20,000,000, to remain available until
expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended.
Great Lakes Authority
For expenses necessary for the Great Lakes Authority in carrying
out activities authorized by subtitle V of title 40, United States
Code, $2,500,000, to remain available until expended.
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, $941,703,450, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2025:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $807,727,130
in fiscal year 2024 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 the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at not more than $133,976,320.
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,
$15,769,000, to remain available until September 30, 2025: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $12,655,000 in fiscal year 2024
shall be retained and be available until September 30, 2025, 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 2024 so as to result in a final fiscal year
2024 appropriation estimated at not more than $3,114,000: Provided
further, That of the amounts appropriated under this heading,
$1,534,900 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
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, $4,064,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2025.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (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 subsection (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
(including transfer of funds)
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
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 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.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 505. Funds made available in this Act shall be allocated
solely in accordance with the provisions of this Act and the report
accompanying this Act.
Sec. 506. Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2024''.
Calendar No. 145
118th CONGRESS
1st Session
S. 2443
[Report No. 118-72]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes.
_______________________________________________________________________
July 20, 2023
Read twice and placed on the calendar
Introduced in Senate
Committee on Appropriations. Original measure reported to Senate by Senator Feinstein. With written report No. 118-72.
Committee on Appropriations. Original measure reported to Senate by Senator Feinstein. With written report No. 118-72.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 145.
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