Sec. 201.
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Of the unobligated balances from amounts previously appropriated under the heading Department of Energy—Energy Programs—Nuclear Energy in division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) that were made available for fiscal years 2022, 2023, and 2024, up to $2,720,000,000 shall be available, in addition to amounts otherwise available, for necessary expenses to carry out the Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 )):
That if insufficient unobligated balances are available from such fiscal year 2022, 2023, and 2024 amounts to fund a total amount for such purpose of up to $2,720,000,000, then up to $800,000,000 from amounts previously appropriated under the heading Provided, Department of Energy—Energy Programs—Nuclear Energy in division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) that are made available for fiscal year 2025, may be made available, in additional to amounts otherwise available, for such purpose to meet such total amount:
That amounts repurposed pursuant to this section may be transferred to Provided further, Department of Energy—Energy Programs—American Energy Independence Fund in either fiscal year 2024 or fiscal year 2025: That amounts repurposed or transferred by this section shall be subject to the same authorities and conditions as if such section were included in the Department of Energy title of the Energy and Water Development and Related Agencies Appropriations Act for fiscal year 2024:
Provided further, That the Secretary of Energy may use the amounts repurposed, transferred, or otherwise made available pursuant to this section to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, as authorized by section 646(a) of the Department of Energy Organization Act ( Provided further, 42 U.S.C. 7256(a) ), for such periods of time and subject to such terms and conditions as the Secretary deems appropriate, without regard to section 161(u) of Atomic Energy Act of 1954 ( 42 U.S.C. 2201(u) ):
That notwithstanding Provided further, 31 U.S.C. 3302 , receipts from the sale or transfer of LEU and HALEU or from any other transaction in connection with the amounts repurposed, transferred, or otherwise made available pursuant to this section shall hereafter be credited to the American Energy Independence Fund as discretionary offsetting collections and shall be available, for the same purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advance in appropriations Acts:
That receipts may hereafter be collected from transactions entered into pursuant to section 2001(a)(2)(F)(iii) of the Energy Act of 2020 ( Provided further, 42 U.S.C. 16281(a)(2)(F)(iii) ) and, notwithstanding 31 U.S.C. 3302 , receipts from any transaction entered into pursuant to section 2001(a)(2)(F)(ii) and
(iii)of such Act ( 42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall hereafter be credited to the American Energy Independence Fund as discretionary offsetting collections and shall be available, for the same purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advanced in appropriations Acts: That the Secretary of Energy may use funds repurposed, transferred, or otherwise made available pursuant to 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: Provided further, That amounts repurposed or transferred 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. Provided further, Amounts may not be repurposed or transferred pursuant to this section until a law is enacted or administrative action is taken to prohibit or limit importation of LEU and HALEU from the Russian Federation or by a Russian entity into the United States. The Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 )) is amended— in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as follows: may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; and ; and in subjection
(j)to read as follows: In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. .
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Sec. 201
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