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Code · STATUTE-COMPILATIONS · Consolidated Appropriations Act, 2024 · Sec. 112

Sec. 112. Of the unobligated balances from prior year appropriations made available to “Corps of Engineers—Civil”, the following funds shall be transferred from the following accounts and programs in the specified amounts to “Corps of Engineers—Civil—Investigations” and, in addition to amounts otherwise made available for such purposes, shall be used for studies that have previously received funds provided under the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123) or under such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) and for which non-Federal interests have entered into feasibility cost sharing agreements with the Secretary as of the date of enactment of this Act—

11,116 words·~51 min read·/statute-compilations/comps-17750/sec-112

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## SEC. 112 Of the unobligated balances from prior year appropriations made available to “Corps of Engineers—Civil”, the following funds shall be transferred from the following accounts and programs in the specified amounts to “Corps of Engineers—Civil—Investigations” and, in addition to amounts otherwise made available for such purposes, shall be used for studies that have previously received funds provided under the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123) or under such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) and for which non-Federal interests have entered into feasibility cost sharing agreements with the Secretary as of the date of enactment of this Act— ####
(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: * Provided,* That studies receiving funding pursuant to this section shall be subject to the terms and conditions of the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123) or such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58), as applicable and as specifically modified by section 111 of this Act: * 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 or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively. # TITLE II DEPARTMENT OF THE INTERIOR Central Utah Projectcentral utah project completion accountFor carrying out activities authorized by the Central Utah Project Completion Act, $23,000,000, 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 ReclamationThe 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, $1,751,698,000, 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. 395are 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, $5,500,000 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: * Provided further,* That in accordance with section 4007 of Public Law 114-322 and as recommended by the Secretary in a letter dated July 25, 2023, funding provided for such purpose in fiscal year 2023 and prior fiscal years shall be made available to the Sites Reservoir Project.central valley project restoration fundFor 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 administrationFor 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, of which not to exceed $5,000 may be used for official reception and representation expenses: * 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 provisionAppropriations for the Bureau of Reclamation shall be available for purchase and replacement of not to exceed 30 motor vehicles, which are for replacement only. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR201.(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 “Final Bill” columns in the “Water and Related Resources” table included under the heading “Title II—Department of the Interior” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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.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.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".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 “2022” 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".205.Section 9106(g)(2) of Public Law 111-11 (Omnibus PublicLand Management Act of 2009) shall be applied by substituting “2024” for “2022”.206.43 U.S.C. 2214 note(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 “2022”.(b)43 U.S.C. 2241 noteSection 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting “2024” for “2022” and by substituting “$130,000,000” for “$120,000,000”.207.42 U.S.C. 10363 noteSection 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 PROGRAMSEnergy Efficiency and Renewable EnergyFor 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, $3,460,000,000, to remain available until expended: * Provided,* That of such amount, $223,000,000 shall be available until September 30, 2025, for program direction.Cybersecurity, Energy Security, and Emergency ResponseFor 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, $28,000,000 shall be available until September 30, 2025, for program direction.ElectricityFor 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, $280,000,000, to remain available until expended: * Provided,* That of such amount, $19,000,000 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 DeploymentFor 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.Nuclear EnergyFor 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, $1,685,000,000, to remain available until expended: * Provided,* That of such amount, $90,000,000 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 “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).Fossil Energy and Carbon ManagementFor 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), $865,000,000, to remain available until expended: * Provided,* That of such amount $70,000,000 shall be available until September 30, 2025, for program direction.Energy ProjectsFor 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.), $83,724,000, to remain available until expended, for projects specified in the table that appears under the heading “Congressionally Directed Spending for Energy Projects” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).Naval Petroleum and Oil Shale ReservesFor 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 ReserveFor 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.), $213,390,000, to remain available until expended.SPR Petroleum AccountFor 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.Northeast Home Heating Oil ReserveFor 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 AdministrationFor 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 CleanupFor 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, $342,000,000, 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 FundFor 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, $855,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $0 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.ScienceFor 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, $8,240,000,000, to remain available until expended: * Provided,* That of such amount, $226,831,000 shall be available until September 30, 2025, for program direction.Nuclear Waste DisposalFor 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, which shall be derived from the Nuclear Waste Fund.Technology TransitionsFor 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 DemonstrationsFor 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, $50,000,000, to remain available until expended: * Provided,* That of such amount, $27,500,000 shall be available until September 30, 2025, for program direction.Advanced Research Projects AgencyFor Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $460,000,000, to remain available until expended: * Provided,* That of such amount, $40,000,000 shall be available until September 30, 2025, for program direction.Title 17 Innovative Technology Loan Guarantee ProgramSuch 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 ProgramFor 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 ProgramFor 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 ProgramsFor 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.), $70,000,000, 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 AdministrationFor 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.), $387,078,000, 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 $286,500,000.Office of the Inspector GeneralFor 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 ACTIVITIESNATIONAL NUCLEAR SECURITY ADMINISTRATIONWeapons ActivitiesFor 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, $19,108,000,000, 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 NonproliferationFor 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, $2,581,000,000, 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, $1,946,000,000, 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 such amount made available under this heading, $61,540,000 shall be available until September 30, 2025, for program direction.Federal Salaries and ExpensesFor expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $500,000,000, to remain available until September 30, 2025, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIESDefense Environmental CleanupFor 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, $7,285,000,000, 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, $285,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the “Uranium Enrichment Decontamination and Decommissioning Fund”.Other Defense ActivitiesFor 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, $1,080,000,000, to remain available until expended: * Provided,* That of such amount, $381,593,000 shall be available until September 30, 2025, for program direction. POWER MARKETING ADMINISTRATIONSBonneville Power Administration FundExpenditures 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 AdministrationFor 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 AdministrationFor 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 AdministrationFor 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 FundFor 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 Commissionsalaries and expensesFor 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 2024 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(including transfers of funds)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 a grant allocation or discretionary grant award totaling $1,000,000 or more;(B)make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;(C)provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more;(D)provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more;(E)issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or(F)announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D).(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 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.(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 “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).(e)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 that—(1)creates, initiates, or eliminates a program, project, or activity;(2)increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or(3)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.302.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.303.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.304.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.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.306.Only $35,000,000 of the amounts made available in this Act under the heading “Weapons Activities” for W80-4 Alteration-SLCM, as specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), shall be available for obligation until 15 days after the date on which the Administrator of the National Nuclear Security Administration certifies in writing to the Committees on Appropriations of both Houses of Congress that the Administrator is in compliance with the requirements of subsection
(c)and subsection
(d)of section 1642 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263).307.(a)Of the unobligated balances of amounts made available to the Department of Energy under each heading in title III of division J of Public Law 117-58, an amount equal to the amount transferred from each such heading as of September 30, 2023, pursuant to section 303 of Public Law 117-58 shall be transferred not later than 15 days after the date of enactment of this Act to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in Public Law 117-58: * Provided,* That any amounts so transferred 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.(b)As of the date of enactment of this Act, of the amounts made available to the Department of Energy under each of sections 50121, 50141, 50142, 50143, 50144, 50145, 50151, 50152, 50153, and 50161 of Public Law 117-169, two-tenths of one percent of such amounts shall be transferred to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in Public Law 117-169: * Provided*, That amounts so transferred shall be derived from the unobligated balances of amounts under each such section.(c)Section 303 of Public Law 117-58is amended by striking "through 2026" and inserting "and 2023, and two-tenths of such amounts made available in each of fiscal years 2024 through 2026": * Provided*, That amounts repurposed pursuant to the amendments made by this subsection 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.308.42 U.S.C. 6241 note(a)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.(b)All proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2024.(c)Upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve.(d)(1)The Secretary of Energy may not establish any new regional petroleum product reserve unless funding for the proposed regional petroleum product reserve is explicitly requested in advance in an annual budget submitted by the President pursuant to section 1105 of title 31, United States Code, and approved by the Congress in an appropriations Act.(2)The budget request or notification shall include—(A)the justification for the new reserve;(B)a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources;(C)a detailed plan for operation of the reserve, including the conditions upon which the products may be released;(D)the location of the reserve; and(E)the estimate of the total inventory of the reserve.309.None of the funds made available by this Act may be used to draw down and sell petroleum products from the Strategic Petroleum Reserve
(1)to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or
(2)except on condition that such petroleum products will not be exported to the People’s Republic of China.310.(a)None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of division B of Public Law 117-167.(b)The Secretary shall implement the requirements under subsection
(a)using a risk-based approach and analytical tools to aggregate, link, analyze, and maintain information reported by an entity seeking or receiving such funds made available by this Act.(c)This section shall be applied in a manner consistent with the obligations of the United States under applicable international agreements.(d)The Secretary shall have the authority to require the submission to the agency, by an entity seeking or receiving such funds made available by this Act, documentation necessary to implement the requirements under subsection (a).(e)Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to the implementation of the requirements under this section.(f)The Secretary and other Federal agencies shall coordinate to share relevant information necessary to implement the requirements under subsection (a).311.(a)Of the unobligated amounts available under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) for fiscal years 2023, 2024, 2025, and 2026 the following shall be available, in addition to amounts otherwise made available for these purposes:(1)(A)$500,000,000 for not more than two competitive awards for commercial utility deployment projects for a grid scale Generation 3+ small modular reactor design pursuant to section 959A of the Energy Policy Act of 2005, of which $200,000,000 shall be available in fiscal year 2024 and $300,000,000 shall be available in fiscal year 2025; and(B)up to $300,000,000 for the not more than two awards made under subparagraph
(A)shall be available in fiscal year 2026.(2)$100,000,000 for one or more competitive awards to support design, licensing, supplier development, and site preparation of a grid-scale Generation 3+ reactor design under the Advanced Small Modular Reactor RD&D program.(3)(A)$50,000,000 for university and college-based nuclear reactor safety training as authorized by law, including section 31 of the Atomic Energy Act of 1954, section 4 of the Nuclear Safety, Research, Demonstration, and Development Act of 1980, and section 10745 of the Research and Development, Competition, and Innovation Act (division B of Public Law 117-167); and(B)up to $50,000,000 for the training under subparagraph
(A)shall be available in fiscal year 2025.(b) *Provided further*, That 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.312.42 U.S.C. 16281 note(a)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)): * Provided,* 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 “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 addition to amounts otherwise available, for such purpose to meet such total amount: * Provided further,* That amounts repurposed pursuant to this section may be transferred to “Department of Energy—Energy Programs—American Energy Independence Fund” in either fiscal year 2024 or fiscal year 2025: * 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 (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 the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)): * Provided further,* That notwithstanding 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: * Provided further,*That receipts may hereafter be collected from transactions entered into pursuant to section 2001(a)(2)(F)(iii) of the Energy Act of 2020 (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 advance in appropriations Acts: * Provided further,* 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.(b)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.(c)42 U.S.C. 16282The Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31)) is amended—(1)in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as follows—(i)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.(2)in subjection
(j)to read as follows—(j)Reasonable Compensation.—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..313.(a)Subject to subsection (b), none of the funds made available to the Department of Energy in this or any other Act, including prior Acts and Acts other than appropriations 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, to perform a scope of work, or participate in any matter, with the intent to influence decisions or determinations regarding a Department of Energy National Laboratory, or participate in any matter that may have a direct and predictable effect on the contractor’s employer or personal financial interest: * Provided*, That with respect to contractors detailed to a Congressional Committee or Member Office or to the Executive Branch as of the date of enactment of this Act, the initial 24-month period described in this subsection shall be deemed to have begun on the later of the date on which such contractor was detailed or the date that is 12 months before the date of enactment of this Act.(b)For the purposes of this section, the term "contractor" is defined to mean any contracted employee of a Department of Energy National Laboratory, as defined by section 2
(3)of the Energy Policy Act of 2005 (42 U.S.C. 15801).314.(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. # TITLE IV INDEPENDENT AGENCIES Appalachian Regional CommissionFor expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, 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 Boardsalaries and expensesFor 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, of which not to exceed $1,000 shall be available for official reception and representation expenses. Delta Regional Authoritysalaries and expensesFor 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, $31,100,000, to remain available until expended. Denali CommissionFor 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 CommissionFor 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 CommissionFor 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 CommissionFor 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 AuthorityFor expenses necessary for the Great Lakes Authority in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended. Nuclear Regulatory Commissionsalaries and expensesFor expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $928,317,580, including official representation expenses not to exceed $30,000, to remain available until expended: * Provided,* That of the amount appropriated herein, not more than $10,350,720 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 $794,341,580 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 $133,976,000.office of inspector generalFor 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, $1,520,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Boardsalaries and expensesFor 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 AGENCIES401.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.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 explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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)
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U.S. Code
24 references not yet in our index
  • Pub. L. 109-148
  • Pub. L. 109-234
  • Pub. L. 110-28
  • Pub. L. 110-252
  • Pub. L. 110-329
  • Pub. L. 111-32
  • Pub. L. 111-212
  • Pub. L. 112-77
  • 43 USC 395are
  • Pub. L. 106-554
  • Pub. L. 102-575
  • Pub. L. 108-361
  • 118 Stat. 1681
  • Pub. L. 111-11
  • Pub. L. 97-425
  • Pub. L. 110-69
  • Pub. L. 95-238
  • Pub. L. 93-454
  • 68 Stat. 255
  • 10 CFR 830
  • 42 USC 16282The
  • Pub. L. 100-456
  • Pub. L. 106-113
  • Pub. L. 100-203
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Sec. 112
Of the unobligated balances from prior year appropriations made available to “Corps of Engineers—Civil”, the following funds shall be transferred from the following accounts and programs in the specified amounts to “Corps of Engineers—Civil—Investigations” and, in addition to amounts otherwise made available for such purposes, shall be used for studies that have previously received funds provided under the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123) or under such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) and for which non-Federal interests have entered into feasibility cost sharing agreements with the Secretary as of the date of enactment of this Act—
Pub. L.Pub. L. 109-148
Pub. L.Pub. L. 109-234
Pub. L.Pub. L. 110-28
Cites 59 · showing 12Cited by 0 across 0 sources
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