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Code · BILL · 119th Congress · S. 3293 (Introduced in Senate) — Making appropriations for energy and water development and related agencies for the fiscal year ending September 30,... · Sec. 316

Sec. 316.

363 words·~2 min read·/bill/119/s/3293/is/section-316·

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Prior to issuing any termination notice of any discretionary award, as defined by section 200.1 of title 2, Code of Federal Regulations, solely under the authority provided in section 200.340(a)(4) of title 2, Code of Federal Regulations, the Secretary of the Department of Energy shall provide written notification to the House and Senate Committees on Appropriations and the discretionary award recipient. Any such written notification shall be provided to the recipients not less than 120 days prior to the effective date of any proposed termination, of which not less than 90 days shall be provided to restructure or re-scope the discretionary award to better effectuate program goals or agency priorities, as determined by the Secretary:
That the recipients shall continue to receive disbursements for valid obligations during the period provided to restructure or re-scope the discretionary award. Provided, If a recipient is unable to restructure or re-scope the discretionary award subject to subsection
(b)as determined by the Secretary and the discretionary award is subsequently terminated, the Department should first prioritize any eligible and qualified applications received from such entities in response to the next available notice of funding opportunity for the relevant program. The Secretary shall meet all notification of termination requirements under section 200.341 of title 2, Code of Federal Regulations. The requirements under this section shall only apply to discretionary awards from funds made available— by this Act; by prior Energy and Water Development, and Related Agencies Appropriations Acts, except for amounts previously designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985; and in title III of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ): That this section shall not apply to discretionary award announcements or awards publicly awarded after November 1, 2024: Provided, That this section shall not apply to any non-discretionary awards, as defined by section 200.1 of title 2, Code of Federal Regulations. Provided further, Amounts repurposed pursuant to this section shall continue to be treated as amounts specified in section 103(b) of division A of Public Law 118–5 .
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