Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2443 Compare Versions

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11 II
22 Calendar No. 145
33 118THCONGRESS
44 1
55 STSESSION S. 2443
66 [Report No. 118–72]
77 Making appropriations for energy and water development and related agencies
88 for the fiscal year ending September 30, 2024, and for other purposes.
99 IN THE SENATE OF THE UNITED STATES
1010 JULY20, 2023
1111 Mrs. F
1212 EINSTEIN, from the Committee on Appropriations, reported the
1313 following original bill; which was read twice and placed on the calendar
1414 A BILL
1515 Making appropriations for energy and water development
1616 and related agencies for the fiscal year ending September
1717 30, 2024, and for other purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 That the following sums are appropriated, out of any 3
2121 money in the Treasury not otherwise appropriated, for en-4
2222 ergy and water development and related agencies for the 5
2323 fiscal year ending September 30, 2024, and for other pur-6
2424 poses, namely: 7 2
2525 •S 2443 RS
2626 TITLE I 1
2727 CORPS OF ENGINEERS—CIVIL 2
2828 DEPARTMENT OF THE ARMY 3
2929 C
3030 ORPS OFENGINEERS—CIVIL 4
3131 The following appropriations shall be expended under 5
3232 the direction of the Secretary of the Army and the super-6
3333 vision of the Chief of Engineers for authorized civil func-7
3434 tions of the Department of the Army pertaining to river 8
3535 and harbor, flood and storm damage reduction, shore pro-9
3636 tection, aquatic ecosystem restoration, and related efforts. 10
3737 INVESTIGATIONS 11
3838 For expenses necessary where authorized by law for 12
3939 the collection and study of basic information pertaining 13
4040 to river and harbor, flood and storm damage reduction, 14
4141 shore protection, aquatic ecosystem restoration, and re-15
4242 lated needs; for surveys and detailed studies, and plans 16
4343 and specifications of proposed river and harbor, flood and 17
4444 storm damage reduction, shore protection, and aquatic 18
4545 ecosystem restoration projects, and related efforts prior to 19
4646 construction; for restudy of authorized projects; and for 20
4747 miscellaneous investigations, and, when authorized by law, 21
4848 surveys and detailed studies, and plans and specifications 22
4949 of projects prior to construction, $93,272,000, to remain 23
5050 available until expended: Provided, That the Secretary 24
5151 shall not deviate from the work plan, once the plan has 25 3
5252 •S 2443 RS
5353 been submitted to the Committees on Appropriations of 1
5454 both Houses of Congress: Provided further, That of the 2
5555 unobligated balances from prior year appropriations avail-3
5656 able under this heading, $10,380,000 is rescinded: Pro-4
5757 vided further, That no amounts may be rescinded from 5
5858 amounts that were designated by the Congress as an 6
5959 emergency requirement pursuant to a concurrent resolu-7
6060 tion on the budget or the Balanced Budget and Emer-8
6161 gency Deficit Control Act of 1985. 9
6262 PLANNING, ENGINEERING, AND DESIGN 10
6363 For expenses necessary for conducting surveys and 11
6464 detailed studies, and plans and specifications, prior to con-12
6565 struction of river and harbor, flood and storm damage re-13
6666 duction, shore protection, aquatic ecosystem restoration, 14
6767 and related projects authorized by law (including those in-15
6868 volving participation by States, local governments, or pri-16
6969 vate groups) or made eligible for selection by law (but such 17
7070 detailed studies, and plans and specifications, shall not 18
7171 constitute a commitment of the Government to construc-19
7272 tion), $47,024,000, to remain available until expended: 20
7373 Provided, That the Secretary shall not deviate from the 21
7474 work plan, once the plan has been submitted to the Com-22
7575 mittees on Appropriations of both Houses of Congress. 23 4
7676 •S 2443 RS
7777 CONSTRUCTION 1
7878 For expenses necessary for the construction of river 2
7979 and harbor, flood and storm damage reduction, shore pro-3
8080 tection, aquatic ecosystem restoration, and related 4
8181 projects authorized by law; for conducting and completing 5
8282 detailed studies, and plans and specifications, of such 6
8383 projects (including those involving participation by States, 7
8484 local governments, or private groups) authorized or made 8
8585 eligible for selection by law (but such detailed studies, and 9
8686 plans and specifications, shall not constitute a commit-10
8787 ment of the Government to construction); $2,029,345,000, 11
8888 to remain available until expended; of which 12
8989 $124,060,000, to be derived from the Harbor Maintenance 13
9090 Trust Fund, shall be to cover the Federal share of con-14
9191 struction costs for facilities under the Dredged Material 15
9292 Disposal Facilities program; and of which such sums as 16
9393 are necessary to cover 35 percent of the costs of construc-17
9494 tion, replacement, rehabilitation, and expansion of inland 18
9595 waterways projects shall be derived from the Inland Wa-19
9696 terways Trust Fund, except as otherwise specifically pro-20
9797 vided for in law: Provided, That the Secretary shall not 21
9898 deviate from the work plan, once the plan has been sub-22
9999 mitted to the Committees on Appropriations of both 23
100100 Houses of Congress: Provided further, That of the unobli-24
101101 gated balances from prior year appropriations available 25 5
102102 •S 2443 RS
103103 under this heading, $83,448,000 is rescinded: Provided 1
104104 further, That no amounts may be rescinded from amounts 2
105105 that were designated by the Congress as an emergency re-3
106106 quirement pursuant to a concurrent resolution on the 4
107107 budget or the Balanced Budget and Emergency Deficit 5
108108 Control Act of 1985: Provided further, That of the 6
109109 amounts made available under this heading, $400,000,000 7
110110 is designated by the Congress as being for an emergency 8
111111 requirement pursuant section 251(b)(2)(A)(i) of the Bal-9
112112 anced Budget and Emergency Deficit Control Act of 1985. 10
113113 MISSISSIPPI RIVER AND TRIBUTARIES 11
114114 For expenses necessary for flood damage reduction 12
115115 projects and related efforts in the Mississippi River allu-13
116116 vial valley below Cape Girardeau, Missouri, as authorized 14
117117 by law, $353,145,000, to remain available until expended, 15
118118 of which $16,057,000, to be derived from the Harbor 16
119119 Maintenance Trust Fund, shall be to cover the Federal 17
120120 share of eligible operation and maintenance costs for in-18
121121 land harbors: Provided, That the Secretary shall not devi-19
122122 ate from the work plan, once the plan has been submitted 20
123123 to the Committees on Appropriations of both Houses of 21
124124 Congress: Provided further, That of the unobligated bal-22
125125 ances from prior year appropriations available under this 23
126126 heading, $1,112,000 is rescinded: Provided further, That 24
127127 no amounts may be rescinded from amounts that were 25 6
128128 •S 2443 RS
129129 designated by the Congress as an emergency requirement 1
130130 pursuant to a concurrent resolution on the budget or the 2
131131 Balanced Budget and Emergency Deficit Control Act of 3
132132 1985. 4
133133 OPERATION AND MAINTENANCE 5
134134 For expenses necessary for the operation, mainte-6
135135 nance, and care of existing river and harbor, flood and 7
136136 storm damage reduction, aquatic ecosystem restoration, 8
137137 and related projects authorized by law; providing security 9
138138 for infrastructure owned or operated by the Corps, includ-10
139139 ing administrative buildings and laboratories; maintaining 11
140140 harbor channels provided by a State, municipality, or 12
141141 other public agency that serve essential navigation needs 13
142142 of general commerce, where authorized by law; surveying 14
143143 and charting northern and northwestern lakes and con-15
144144 necting waters; clearing and straightening channels; and 16
145145 removing obstructions to navigation, $5,531,905,000, to 17
146146 remain available until expended, of which $2,630,829,000, 18
147147 to be derived from the Harbor Maintenance Trust Fund, 19
148148 shall be to cover the Federal share of eligible operations 20
149149 and maintenance costs for coastal harbors and channels, 21
150150 and for inland harbors; of which such sums as become 22
151151 available from the special account for the Corps of Engi-23
152152 neers established by the Land and Water Conservation 24
153153 Fund Act of 1965 shall be derived from that account for 25 7
154154 •S 2443 RS
155155 resource protection, research, interpretation, and mainte-1
156156 nance activities related to resource protection in the areas 2
157157 at which outdoor recreation is available; of which such 3
158158 sums as become available from fees collected under section 4
159159 217 of Public Law 104–303 shall be used to cover the 5
160160 cost of operation and maintenance of the dredged material 6
161161 disposal facilities for which such fees have been collected; 7
162162 and of which $58,000,000, to be derived from the general 8
163163 fund of the Treasury, shall be to carry out subsection (c) 9
164164 of section 2106 of the Water Resources Reform and Devel-10
165165 opment Act of 2014 (33 U.S.C. 2238c) and shall be des-11
166166 ignated as being for such purpose pursuant to paragraph 12
167167 (2)(B) of section 14003 of division B of the Coronavirus 13
168168 Aid, Relief, and Economic Security Act (Public Law 116– 14
169169 136): Provided, That 1 percent of the total amount of 15
170170 funds provided for each of the programs, projects, or ac-16
171171 tivities funded under this heading shall not be allocated 17
172172 to a field operating activity prior to the beginning of the 18
173173 fourth quarter of the fiscal year and shall be available for 19
174174 use by the Chief of Engineers to fund such emergency ac-20
175175 tivities as the Chief of Engineers determines to be nec-21
176176 essary and appropriate, and that the Chief of Engineers 22
177177 shall allocate during the fourth quarter any remaining 23
178178 funds which have not been used for emergency activities 24
179179 proportionally in accordance with the amounts provided 25 8
180180 •S 2443 RS
181181 for the programs, projects, or activities: Provided further, 1
182182 That the Secretary shall not deviate from the work plan, 2
183183 once the plan has been submitted to the Committees on 3
184184 Appropriations of both Houses of Congress: Provided fur-4
185185 ther, That of the unobligated balances from prior year ap-5
186186 propriations available under this heading, $2,632,000 is 6
187187 rescinded: Provided further, That no amounts may be re-7
188188 scinded from amounts that were designated by the Con-8
189189 gress as an emergency requirement pursuant to a concur-9
190190 rent resolution on the budget or the Balanced Budget and 10
191191 Emergency Deficit Control Act of 1985: Provided further, 11
192192 That of the amounts made available under this heading, 12
193193 $665,000,000 is designated by the Congress as being for 13
194194 an emergency requirement pursuant section 14
195195 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15
196196 Deficit Control Act of 1985. 16
197197 REGULATORY PROGRAM 17
198198 For expenses necessary for administration of laws 18
199199 pertaining to regulation of navigable waters and wetlands, 19
200200 $221,000,000, to remain available until September 30, 20
201201 2025. 21
202202 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 22
203203 For expenses necessary to clean up contamination 23
204204 from sites in the United States resulting from work per-24 9
205205 •S 2443 RS
206206 formed as part of the Nation’s early atomic energy pro-1
207207 gram, $400,000,000, to remain available until expended. 2
208208 FLOOD CONTROL AND COASTAL EMERGENCIES 3
209209 For expenses necessary to prepare for flood, hurri-4
210210 cane, and other natural disasters and support emergency 5
211211 operations, repairs, and other activities in response to 6
212212 such disasters as authorized by law, $35,000,000, to re-7
213213 main available until expended. 8
214214 EXPENSES 9
215215 For expenses necessary for the supervision and gen-10
216216 eral administration of the civil works program in the head-11
217217 quarters of the Corps of Engineers and the offices of the 12
218218 Division Engineers; and for costs of management and op-13
219219 eration of the Humphreys Engineer Center Support Activ-14
220220 ity, the Institute for Water Resources, the United States 15
221221 Army Engineer Research and Development Center, and 16
222222 the United States Army Corps of Engineers Finance Cen-17
223223 ter allocable to the civil works program, $212,000,000, to 18
224224 remain available until September 30, 2025, of which not 19
225225 to exceed $5,000 may be used for official reception and 20
226226 representation purposes and only during the current fiscal 21
227227 year: Provided, That no part of any other appropriation 22
228228 provided in this title shall be available to fund the civil 23
229229 works activities of the Office of the Chief of Engineers 24
230230 or the civil works executive direction and management ac-25 10
231231 •S 2443 RS
232232 tivities of the division offices: Provided further, That any 1
233233 Flood Control and Coastal Emergencies appropriation 2
234234 may be used to fund the supervision and general adminis-3
235235 tration of emergency operations, repairs, and other activi-4
236236 ties in response to any flood, hurricane, or other natural 5
237237 disaster. 6
238238 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 7
239239 FOR CIVIL WORKS 8
240240 For the Office of the Assistant Secretary of the Army 9
241241 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 10
242242 $5,000,000, to remain available until September 30, 2025: 11
243243 Provided, That not more than 75 percent of such amount 12
244244 may be obligated or expended until the Assistant Sec-13
245245 retary submits to the Committees on Appropriations of 14
246246 both Houses of Congress the report required under section 15
247247 101(d) of this Act and a work plan that allocates at least 16
248248 95 percent of the additional funding provided under each 17
249249 heading in the report accompanying this Act, to specific 18
250250 programs, projects, or activities. 19
251251 WATER INFRASTRUCTURE FINANCE AND INNOVATION 20
252252 PROGRAM ACCOUNT 21
253253 For the cost of direct loans and for the cost of guar-22
254254 anteed loans, as authorized by the Water Infrastructure 23
255255 Finance and Innovation Act of 2014, $2,200,000, to re-24
256256 main available until expended, for safety projects to main-25 11
257257 •S 2443 RS
258258 tain, upgrade, and repair dams identified in the National 1
259259 Inventory of Dams with a primary owner type of state, 2
260260 local government, public utility, or private: Provided, That 3
261261 no project may be funded with amounts provided under 4
262262 this heading for a dam that is identified as jointly owned 5
263263 in the National Inventory of Dams and where one of those 6
264264 joint owners is the Federal Government: Provided further, 7
265265 That amounts made available under this heading in this 8
266266 Act shall also be available for projects to construct, main-9
267267 tain, upgrade, and repair levees and ancillary features 10
268268 with a primary owner type of state, municipal, county, pri-11
269269 vate, or other non-Federal entity: Provided further, That 12
270270 no project may be funded with amounts provided under 13
271271 this heading for a levee unless the Secretary has certified 14
272272 in advance, in writing, that the levee is not owned, in 15
273273 whole or in part, by the Federal Government: Provided 16
274274 further, That such costs, including the cost of modifying 17
275275 such loans, shall be as defined in section 502 of the Con-18
276276 gressional Budget Act of 1974: Provided further, That 19
277277 these funds are available to subsidize gross obligations for 20
278278 the principal amount of direct loans, including capitalized 21
279279 interest, and total loan principal, including capitalized in-22
280280 terest, any part of which is to be guaranteed, not to exceed 23
281281 $440,000,000: Provided further, That the use of direct 24
282282 loans or loan guarantee authority under this heading for 25 12
283283 •S 2443 RS
284284 direct loans or commitments to guarantee loans for any 1
285285 project shall be in accordance with the criteria published 2
286286 in the Federal Register on June 30, 2020 (85 FR 39189) 3
287287 pursuant to the fourth proviso under the heading ‘‘Water 4
288288 Infrastructure Finance and Innovation Program Account’’ 5
289289 in division D of the Further Consolidated Appropriations 6
290290 Act, 2020 (Public Law 116–94): Provided further, That 7
291291 none of the direct loans or loan guarantee authority made 8
292292 available under this heading shall be available for any 9
293293 project unless the Secretary and the Director of the Office 10
294294 of Management and Budget have certified in advance in 11
295295 writing that the direct loan or loan guarantee, as applica-12
296296 ble, and the project comply with the criteria referenced 13
297297 in the previous proviso: Provided further, That any ref-14
298298 erences to the Environmental Protection Agency (EPA) 15
299299 or the Administrator in the criteria referenced in the pre-16
300300 vious two provisos shall be deemed to be references to the 17
301301 Army Corps of Engineers or the Secretary of the Army, 18
302302 respectively, for purposes of the direct loans or loan guar-19
303303 antee authority made available under this heading: Pro-20
304304 vided further, That for the purposes of carrying out the 21
305305 Congressional Budget Act of 1974, the Director of the 22
306306 Congressional Budget Office may request, and the Sec-23
307307 retary shall promptly provide, documentation and informa-24
308308 tion relating to a project identified in a Letter of Interest 25 13
309309 •S 2443 RS
310310 submitted to the Secretary pursuant to a Notice of Fund-1
311311 ing Availability for applications for credit assistance under 2
312312 the Water Infrastructure Finance and Innovation Act Pro-3
313313 gram, including with respect to a project that was initiated 4
314314 or completed before the date of enactment of this Act. In 5
315315 addition, fees authorized to be collected pursuant to sec-6
316316 tions 5029 and 5030 of the Water Infrastructure Finance 7
317317 and Innovation Act of 2014 shall be deposited in this ac-8
318318 count, to remain available until expended. In addition, for 9
319319 administrative expenses to carry out the direct and guar-10
320320 anteed loan programs, notwithstanding section 5033 of 11
321321 the Water Infrastructure Finance and Innovation Act of 12
322322 2014, $5,000,000, to remain available until September 30, 13
323323 2025. 14
324324 GENERAL PROVISIONS—CORPS OF 15
325325 ENGINEERS—CIVIL 16
326326 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 17
327327 S
328328 EC. 101. (a) None of the funds provided in title I 18
329329 of this Act, or provided by previous appropriations Acts 19
330330 to the agencies or entities funded in title I of this Act 20
331331 that remain available for obligation or expenditure in fiscal 21
332332 year 2024, shall be available for obligation or expenditure 22
333333 through a reprogramming of funds that: 23
334334 (1) creates or initiates a new program, project, 24
335335 or activity; 25 14
336336 •S 2443 RS
337337 (2) eliminates a program, project, or activity; 1
338338 (3) increases funds or personnel for any pro-2
339339 gram, project, or activity for which funds have been 3
340340 denied or restricted by this Act, unless prior ap-4
341341 proval is received from the Committees on Appro-5
342342 priations of both Houses of Congress; 6
343343 (4) proposes to use funds directed for a specific 7
344344 activity for a different purpose, unless prior approval 8
345345 is received from the Committees on Appropriations 9
346346 of both Houses of Congress; 10
347347 (5) augments or reduces existing programs, 11
348348 projects, or activities in excess of the amounts con-12
349349 tained in paragraphs (6) through (11), unless prior 13
350350 approval is received from the Committees on Appro-14
351351 priations of both Houses of Congress; 15
352352 (6) I
353353 NVESTIGATIONS.—For a base level over 16
354354 $100,000, reprogramming of 25 percent of the base 17
355355 amount up to a limit of $150,000 per project, study 18
356356 or activity is allowed: Provided, That for a base level 19
357357 less than $100,000, the reprogramming limit is 20
358358 $25,000: Provided further, That up to $25,000 may 21
359359 be reprogrammed into any continuing study or activ-22
360360 ity that did not receive an appropriation for existing 23
361361 obligations and concomitant administrative expenses; 24 15
362362 •S 2443 RS
363363 (7) PLANNING, ENGINEERING, AND DESIGN.— 1
364364 For a base level over $2,000,000, reprogramming of 2
365365 15 percent of the base amount up to a limit of 3
366366 $3,000,000 per project, study or activity is allowed: 4
367367 Provided, That for a base level less than $2,000,000, 5
368368 the reprogramming limit is $300,000: Provided fur-6
369369 ther, That up to $300,000 may be reprogrammed 7
370370 into any continuing study or activity that did not re-8
371371 ceive an appropriation for existing obligations and 9
372372 concomitant administrative expenses; 10
373373 (8) C
374374 ONSTRUCTION.—For a base level over 11
375375 $2,000,000, reprogramming of 15 percent of the 12
376376 base amount up to a limit of $3,000,000 per project, 13
377377 study or activity is allowed: Provided, That for a 14
378378 base level less than $2,000,000, the reprogramming 15
379379 limit is $300,000: Provided further, That up to 16
380380 $3,000,000 may be reprogrammed for settled con-17
381381 tractor claims, changed conditions, or real estate de-18
382382 ficiency judgments: Provided further, That up to 19
383383 $300,000 may be reprogrammed into any continuing 20
384384 study or activity that did not receive an appropria-21
385385 tion for existing obligations and concomitant admin-22
386386 istrative expenses; 23
387387 (9) O
388388 PERATION AND MAINTENANCE .—Unlim-24
389389 ited reprogramming authority is granted for the 25 16
390390 •S 2443 RS
391391 Corps to be able to respond to emergencies: Pro-1
392392 vided, That the Chief of Engineers shall notify the 2
393393 Committees on Appropriations of both Houses of 3
394394 Congress of these emergency actions as soon there-4
395395 after as practicable: Provided further, That for a 5
396396 base level over $1,000,000, reprogramming of 15 6
397397 percent of the base amount up to a limit of 7
398398 $5,000,000 per project, study, or activity is allowed: 8
399399 Provided further, That for a base level less than 9
400400 $1,000,000, the reprogramming limit is $150,000: 10
401401 Provided further, That $150,000 may be repro-11
402402 grammed into any continuing study or activity that 12
403403 did not receive an appropriation; 13
404404 (10) M
405405 ISSISSIPPI RIVER AND TRIBUTARIES .— 14
406406 The reprogramming guidelines in paragraphs (6), 15
407407 (8), and (9) shall apply to the Investigations, Con-16
408408 struction, and Operation and Maintenance portions 17
409409 of the Mississippi River and Tributaries Account, re-18
410410 spectively; and 19
411411 (11) F
412412 ORMERLY UTILIZED SITES REMEDIAL AC -20
413413 TION PROGRAM.—Reprogramming of up to 15 per-21
414414 cent of the base of the receiving project is permitted. 22
415415 (b) D
416416 EMINIMUSREPROGRAMMINGS.—In no case 23
417417 should a reprogramming for less than $50,000 be sub-24 17
418418 •S 2443 RS
419419 mitted to the Committees on Appropriations of both 1
420420 Houses of Congress. 2
421421 (c) C
422422 ONTINUINGAUTHORITIESPROGRAM.—Sub-3
423423 section (a)(1) shall not apply to any project or activity 4
424424 funded under the continuing authorities program. 5
425425 (d) Not later than 60 days after the date of enact-6
426426 ment of this Act, the Secretary shall submit a report to 7
427427 the Committees on Appropriations of both Houses of Con-8
428428 gress to establish the baseline for application of re-9
429429 programming and transfer authorities for the current fis-10
430430 cal year which shall include: 11
431431 (1) A table for each appropriation with a sepa-12
432432 rate column to display the President’s budget re-13
433433 quest, adjustments made by Congress, adjustments 14
434434 due to enacted rescissions, if applicable, and the fis-15
435435 cal year enacted level; 16
436436 (2) A delineation in the table for each appro-17
437437 priation both by object class and program, project 18
438438 and activity as detailed in the budget appendix for 19
439439 the respective appropriations; and 20
440440 (3) An identification of items of special congres-21
441441 sional interest. 22
442442 S
443443 EC. 102. None of the funds made available in this 23
444444 title may be used to award or modify any contract that 24
445445 commits funds beyond the amounts appropriated for that 25 18
446446 •S 2443 RS
447447 program, project, or activity that remain unobligated, ex-1
448448 cept that such amounts may include any funds that have 2
449449 been made available through reprogramming pursuant to 3
450450 section 101. 4
451451 S
452452 EC. 103. The Secretary of the Army may transfer 5
453453 to the Fish and Wildlife Service, and the Fish and Wildlife 6
454454 Service may accept and expend, up to $8,200,000 of funds 7
455455 provided in this title under the heading ‘‘Operation and 8
456456 Maintenance’’ to mitigate for fisheries lost due to Corps 9
457457 of Engineers projects. 10
458458 S
459459 EC. 104. None of the funds in this Act shall be used 11
460460 for an open lake placement alternative for dredged mate-12
461461 rial, after evaluating the least costly, environmentally ac-13
462462 ceptable manner for the disposal or management of 14
463463 dredged material originating from Lake Erie or tributaries 15
464464 thereto, unless it is approved under a State water quality 16
465465 certification pursuant to section 401 of the Federal Water 17
466466 Pollution Control Act (33 U.S.C. 1341): Provided, That 18
467467 until an open lake placement alternative for dredged mate-19
468468 rial is approved under a State water quality certification, 20
469469 the Corps of Engineers shall continue upland placement 21
470470 of such dredged material consistent with the requirements 22
471471 of section 101 of the Water Resources Development Act 23
472472 of 1986 (33 U.S.C. 2211). 24 19
473473 •S 2443 RS
474474 SEC. 105. Additional funding provided in this Act 1
475475 shall be allocated only to projects determined to be eligible 2
476476 by the Chief of Engineers. 3
477477 S
478478 EC. 106. Of the unobligated balances from prior 4
479479 year appropriations made available to ‘‘Corps of Engi-5
480480 neers—Civil’’, the following funds are hereby permanently 6
481481 cancelled from the following accounts and programs in the 7
482482 specified amounts— 8
483483 (1) $371,293.38 from the unobligated balances 9
484484 under the heading ‘‘Construction’’ in chapter 3 of 10
485485 title I of division B of Public Law 109–148; 11
486486 (2) $562,613.89 from the unobligated balances 12
487487 under the heading ‘‘Operation and Maintenance’’ in 13
488488 chapter 3 of title I of division B of Public Law 109– 14
489489 148 that were provided for the Mississippi River- 15
490490 Gulf Outlet channel; 16
491491 (3) $38,873.32 from the unobligated balances 17
492492 under the heading ‘‘Construction’’ in chapter 3 of 18
493493 title II of Public Law 109–234 that were provided 19
494494 for the Lake Pontchartrain and Vicinity project, the 20
495495 North Padre Island, Texas project, the Sacramento, 21
496496 California, Area project, and the Hawaii Water Sys-22
497497 tems Technical Assistance Program; 23
498498 (4) $95.55 from the combined unobligated bal-24
499499 ances under the ‘‘Construction’’ headings in chapter 25 20
500500 •S 2443 RS
501501 3 of title IV and chapter 3 of title V of Public Law 1
502502 110–28; 2
503503 (5) $83,734.13 from the unobligated balances 3
504504 under the heading ‘‘Construction’’ in chapter 3 of 4
505505 title III of Public Law 110–252 including amounts 5
506506 that were provided for the Lake Pontchartrain and 6
507507 Vicinity project, the West Bank and Vicinity project, 7
508508 and the Southeast Louisiana Urban Drainage 8
509509 project; 9
510510 (6) $2,122.56 from the unobligated balances 10
511511 under the heading ‘‘Operation and Maintenance’’ in 11
512512 chapter 3 of title III of Public Law 110–252; 12
513513 (7) $10.72 from the unobligated balances under 13
514514 the heading ‘‘Mississippi River and Tributaries’’ in 14
515515 chapter 3 of title III of Public Law 110–252; 15
516516 (8) $274,678.03 from the unobligated balances 16
517517 under the heading ‘‘Construction’’ in chapter 3 of 17
518518 title I of division B of Public Law 110–329 that 18
519519 were provided for the Lake Pontchartrain and Vicin-19
520520 ity project, the West Bank and Vicinity project, and 20
521521 the Southeast Louisiana Urban Drainage project; 21
522522 (9) $267,434.81 from the unobligated balances 22
523523 under the heading ‘‘Operation and Maintenance’’ in 23
524524 chapter 3 of title I of division B of Public Law 110– 24
525525 329; 25 21
526526 •S 2443 RS
527527 (10) $0.02 from the unobligated balances under 1
528528 the heading ‘‘Operation and Maintenance’’ in title 2
529529 IV of Public Law 111–32; 3
530530 (11) $246,869.24 from the unobligated bal-4
531531 ances under the heading ‘‘Operation and Mainte-5
532532 nance’’ in chapter 4 of title I of Public Law 111– 6
533533 212; and 7
534534 (12) $2,643,142.04 from the unobligated bal-8
535535 ances under the heading ‘‘Operation and Mainte-9
536536 nance’’ in title I of Public Law 112–77. 10 22
537537 •S 2443 RS
538538 TITLE II 1
539539 DEPARTMENT OF THE INTERIOR 2
540540 C
541541 ENTRALUTAHPROJECT 3
542542 CENTRAL UTAH PROJECT COMPLETION ACCOUNT 4
543543 For carrying out activities authorized by the Central 5
544544 Utah Project Completion Act, $19,556,000, to remain 6
545545 available until expended, of which $4,650,000 shall be de-7
546546 posited into the Utah Reclamation Mitigation and Con-8
547547 servation Account for use by the Utah Reclamation Miti-9
548548 gation and Conservation Commission: Provided, That of 10
549549 the amount provided under this heading, $1,750,000 shall 11
550550 be available until September 30, 2025, for expenses nec-12
551551 essary in carrying out related responsibilities of the Sec-13
552552 retary of the Interior: Provided further, That for fiscal 14
553553 year 2024, of the amount made available to the Commis-15
554554 sion under this Act or any other Act, the Commission may 16
555555 use an amount not to exceed $1,990,000 for administra-17
556556 tive expenses. 18
557557 BUREAU OF RECLAMATION 19
558558 The following appropriations shall be expended to 20
559559 execute authorized functions of the Bureau of Reclama-21
560560 tion: 22 23
561561 •S 2443 RS
562562 WATER AND RELATED RESOURCES 1
563563 (INCLUDING TRANSFERS OF FUNDS) 2
564564 For management, development, and restoration of 3
565565 water and related natural resources and for related activi-4
566566 ties, including the operation, maintenance, and rehabilita-5
567567 tion of reclamation and other facilities, participation in 6
568568 fulfilling related Federal responsibilities to Native Ameri-7
569569 cans, and related grants to, and cooperative and other 8
570570 agreements with, State and local governments, federally 9
571571 recognized Indian Tribes, and others, $1,773,497,000, to 10
572572 remain available until expended, of which $1,051,000 shall 11
573573 be available for transfer to the Upper Colorado River 12
574574 Basin Fund and $7,584,000 shall be available for transfer 13
575575 to the Lower Colorado River Basin Development Fund; 14
576576 of which such amounts as may be necessary may be ad-15
577577 vanced to the Colorado River Dam Fund: Provided, That 16
578578 $500,000 shall be available for transfer into the Aging In-17
579579 frastructure Account established by section 9603(d)(1) of 18
580580 the Omnibus Public Land Management Act of 2009, as 19
581581 amended (43 U.S.C. 510b(d)(1)): Provided further, That 20
582582 such transfers, except for the transfer authorized by the 21
583583 preceding proviso, may be increased or decreased within 22
584584 the overall appropriation under this heading: Provided fur-23
585585 ther, That of the total appropriated, the amount for pro-24
586586 gram activities that can be financed by the Reclamation 25 24
587587 •S 2443 RS
588588 Fund, the Water Storage Enhancement Receipts account 1
589589 established by section 4011(e) of Public Law 114–322, or 2
590590 the Bureau of Reclamation special fee account established 3
591591 by 16 U.S.C. 6806 shall be derived from that Fund or 4
592592 account: Provided further, That funds contributed under 5
593593 43 U.S.C. 395 are available until expended for the pur-6
594594 poses for which the funds were contributed: Provided fur-7
595595 ther, That funds advanced under 43 U.S.C. 397a shall be 8
596596 credited to this account and are available until expended 9
597597 for the same purposes as the sums appropriated under this 10
598598 heading: Provided further, That of the amounts made 11
599599 available under this heading, $5,000,000 shall be depos-12
600600 ited in the San Gabriel Basin Restoration Fund estab-13
601601 lished by section 110 of title I of division B of appendix 14
602602 D of Public Law 106–554: Provided further, That of the 15
603603 amounts provided herein, funds may be used for high-pri-16
604604 ority projects which shall be carried out by the Youth Con-17
605605 servation Corps, as authorized by 16 U.S.C. 1706: Pro-18
606606 vided further, That within available funds, $250,000 shall 19
607607 be for grants and financial assistance for educational ac-20
608608 tivities. 21
609609 CENTRAL VALLEY PROJECT RESTORATION FUND 22
610610 For carrying out the programs, projects, plans, habi-23
611611 tat restoration, improvement, and acquisition provisions of 24
612612 the Central Valley Project Improvement Act, such sums 25 25
613613 •S 2443 RS
614614 as may be collected in fiscal year 2024 in the Central Val-1
615615 ley Project Restoration Fund pursuant to sections 2
616616 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 3
617617 to remain available until expended: Provided, That the Bu-4
618618 reau of Reclamation is directed to assess and collect the 5
619619 full amount of the additional mitigation and restoration 6
620620 payments authorized by section 3407(d) of Public Law 7
621621 102–575: Provided further, That none of the funds made 8
622622 available under this heading may be used for the acquisi-9
623623 tion or leasing of water for in-stream purposes if the water 10
624624 is already committed to in-stream purposes by a court 11
625625 adopted decree or order. 12
626626 CALIFORNIA BAY-DELTA RESTORATION 13
627627 (INCLUDING TRANSFERS OF FUNDS) 14
628628 For carrying out activities authorized by the Water 15
629629 Supply, Reliability, and Environmental Improvement Act, 16
630630 consistent with plans to be approved by the Secretary of 17
631631 the Interior, $33,000,000, to remain available until ex-18
632632 pended, of which such amounts as may be necessary to 19
633633 carry out such activities may be transferred to appropriate 20
634634 accounts of other participating Federal agencies to carry 21
635635 out authorized purposes: Provided, That funds appro-22
636636 priated herein may be used for the Federal share of the 23
637637 costs of CALFED Program management: Provided fur-24
638638 ther, That CALFED implementation shall be carried out 25 26
639639 •S 2443 RS
640640 in a balanced manner with clear performance measures 1
641641 demonstrating concurrent progress in achieving the goals 2
642642 and objectives of the Program. 3
643643 POLICY AND ADMINISTRATION 4
644644 For expenses necessary for policy, administration, 5
645645 and related functions in the Office of the Commissioner, 6
646646 the Denver office, and offices in the six regions of the Bu-7
647647 reau of Reclamation, to remain available until September 8
648648 30, 2025, $66,794,000, to be derived from the Reclama-9
649649 tion Fund and be nonreimbursable as provided in 43 10
650650 U.S.C. 377: Provided, That no part of any other appro-11
651651 priation in this Act shall be available for activities or func-12
652652 tions budgeted as policy and administration expenses. 13
653653 ADMINISTRATIVE PROVISION 14
654654 Appropriations for the Bureau of Reclamation shall 15
655655 be available for purchase and replacement of motor vehi-16
656656 cles. 17
657657 GENERAL PROVISIONS—DEPARTMENT OF THE 18
658658 INTERIOR 19
659659 S
660660 EC. 201. (a) None of the funds provided in title II 20
661661 of this Act for Water and Related Resources, or provided 21
662662 by previous or subsequent appropriations Acts to the agen-22
663663 cies or entities funded in title II of this Act for Water 23
664664 and Related Resources that remain available for obligation 24
665665 or expenditure in fiscal year 2024, shall be available for 25 27
666666 •S 2443 RS
667667 obligation or expenditure through a reprogramming of 1
668668 funds that— 2
669669 (1) initiates or creates a new program, project, 3
670670 or activity; 4
671671 (2) eliminates a program, project, or activity; 5
672672 (3) increases funds for any program, project, or 6
673673 activity for which funds have been denied or re-7
674674 stricted by this Act, unless prior approval is received 8
675675 from the Committees on Appropriations of both 9
676676 Houses of Congress; 10
677677 (4) restarts or resumes any program, project or 11
678678 activity for which funds are not provided in this Act, 12
679679 unless prior approval is received from the Commit-13
680680 tees on Appropriations of both Houses of Congress; 14
681681 (5) transfers funds in excess of the following 15
682682 limits, unless prior approval is received from the 16
683683 Committees on Appropriations of both Houses of 17
684684 Congress: 18
685685 (A) 15 percent for any program, project or 19
686686 activity for which $2,000,000 or more is avail-20
687687 able at the beginning of the fiscal year; or 21
688688 (B) $400,000 for any program, project or 22
689689 activity for which less than $2,000,000 is avail-23
690690 able at the beginning of the fiscal year; 24 28
691691 •S 2443 RS
692692 (6) transfers more than $500,000 from either 1
693693 the Facilities Operation, Maintenance, and Rehabili-2
694694 tation category or the Resources Management and 3
695695 Development category to any program, project, or 4
696696 activity in the other category, unless prior approval 5
697697 is received from the Committees on Appropriations 6
698698 of both Houses of Congress; or 7
699699 (7) transfers, where necessary to discharge legal 8
700700 obligations of the Bureau of Reclamation, more than 9
701701 $5,000,000 to provide adequate funds for settled 10
702702 contractor claims, increased contractor earnings due 11
703703 to accelerated rates of operations, and real estate de-12
704704 ficiency judgments, unless prior approval is received 13
705705 from the Committees on Appropriations of both 14
706706 Houses of Congress. 15
707707 (b) Subsection (a)(5) shall not apply to any transfer 16
708708 of funds within the Facilities Operation, Maintenance, and 17
709709 Rehabilitation category. 18
710710 (c) For purposes of this section, the term ‘‘transfer’’ 19
711711 means any movement of funds into or out of a program, 20
712712 project, or activity. 21
713713 (d) Except as provided in subsections (a) and (b), the 22
714714 amounts made available in this title under the heading 23
715715 ‘‘Bureau of Reclamation—Water and Related Resources’’ 24
716716 shall be expended for the programs, projects, and activities 25 29
717717 •S 2443 RS
718718 specified in the ‘‘Committee Recommendation’’ columns in 1
719719 the ‘‘Water and Related Resources’’ table included under 2
720720 the heading ‘‘Title II—Department of the Interior’’ in the 3
721721 report accompanying this Act. 4
722722 (e) The Bureau of Reclamation shall submit reports 5
723723 on a quarterly basis to the Committees on Appropriations 6
724724 of both Houses of Congress detailing all the funds repro-7
725725 grammed between programs, projects, activities, or cat-8
726726 egories of funding. The first quarterly report shall be sub-9
727727 mitted not later than 60 days after the date of enactment 10
728728 of this Act. 11
729729 S
730730 EC. 202. (a) None of the funds appropriated or oth-12
731731 erwise made available by this Act may be used to deter-13
732732 mine the final point of discharge for the interceptor drain 14
733733 for the San Luis Unit until development by the Secretary 15
734734 of the Interior and the State of California of a plan, which 16
735735 shall conform to the water quality standards of the State 17
736736 of California as approved by the Administrator of the En-18
737737 vironmental Protection Agency, to minimize any detri-19
738738 mental effect of the San Luis drainage waters. 20
739739 (b) The costs of the Kesterson Reservoir Cleanup 21
740740 Program and the costs of the San Joaquin Valley Drain-22
741741 age Program shall be classified by the Secretary of the 23
742742 Interior as reimbursable or nonreimbursable and collected 24
743743 until fully repaid pursuant to the ‘‘Cleanup Program— 25 30
744744 •S 2443 RS
745745 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-1
746746 native Repayment Plan’’ described in the report entitled 2
747747 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-3
748748 gram and San Joaquin Valley Drainage Program, Feb-4
749749 ruary 1995’’, prepared by the Department of the Interior, 5
750750 Bureau of Reclamation. Any future obligations of funds 6
751751 by the United States relating to, or providing for, drainage 7
752752 service or drainage studies for the San Luis Unit shall 8
753753 be fully reimbursable by San Luis Unit beneficiaries of 9
754754 such service or studies pursuant to Federal reclamation 10
755755 law. 11
756756 S
757757 EC. 203. Section 9504(e) of the Omnibus Public 12
758758 Land Management Act of 2009 (42 U.S.C. 10364(e)) is 13
759759 amended by striking ‘‘$820,000,000’’ and inserting 14
760760 ‘‘$920,000,000’’. 15
761761 S
762762 EC. 204. (a) Title I of Public Law 108–361 (the 16
763763 Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as 17
764764 amended by section 204 of division D of Public Law 117– 18
765765 103, shall be applied by substituting ‘‘2024’’ for ‘‘2023’’ 19
766766 each place it appears. 20
767767 (b) Section 103(f)(4)(A) of Public Law 108–361 (the 21
768768 Calfed Bay-Delta Authorization Act) is amended by strik-22
769769 ing ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 23 31
770770 •S 2443 RS
771771 SEC. 205. Section 9106(g)(2) of Public Law 111–11 1
772772 (Omnibus Public Land Management Act of 2009) shall 2
773773 be applied by substituting ‘‘2024’’ for ‘‘2023’’. 3
774774 S
775775 EC. 206. (a) Section 104(c) of the Reclamation 4
776776 States Emergency Drought Relief Act of 1991 (43 U.S.C. 5
777777 2214(c)) shall be applied by substituting ‘‘2024’’ for 6
778778 ‘‘2023’’. 7
779779 (b) Section 301 of the Reclamation States Emergency 8
780780 Drought Relief Act of 1991 (43 U.S.C. 2241) shall be ap-9
781781 plied by substituting ‘‘2024’’ for ‘‘2023’’ and by sub-10
782782 stituting ‘‘$130,000,000’’ for ‘‘$120,000,000’’. 11
783783 S
784784 EC. 207. None of the funds provided in this Act may 12
785785 be used for the Shasta Dam and Reservoir Enlargement 13
786786 Project. 14
787787 S
788788 EC. 208. Section 9503(f) of the Omnibus Public 15
789789 Land Management Act of 2009 (42 U.S.C. 10363(f)) shall 16
790790 be applied by substituting ‘‘2024’’ for ‘‘2023’’. 17 32
791791 •S 2443 RS
792792 TITLE III 1
793793 DEPARTMENT OF ENERGY 2
794794 ENERGY PROGRAMS 3
795795 I
796796 NDUSTRIALEMISSIONS ANDTECHNOLOGY 4
797797 C
798798 OORDINATION 5
799799 For Department of Energy expenses necessary for 6
800800 carrying out the activities and coordination of clean indus-7
801801 trial research, development, demonstration, and deploy-8
802802 ment, and coordination of energy and technology pro-9
803803 grams, $3,500,000, to remain available until expended. 10
804804 E
805805 NERGYEFFICIENCY ANDRENEWABLEENERGY 11
806806 For Department of Energy expenses including the 12
807807 purchase, construction, and acquisition of plant and cap-13
808808 ital equipment, and other expenses necessary for energy 14
809809 efficiency and renewable energy activities in carrying out 15
810810 the purposes of the Department of Energy Organization 16
811811 Act (42 U.S.C. 7101 et seq.), including the acquisition or 17
812812 condemnation of any real property or any facility or for 18
813813 plant or facility acquisition, construction, or expansion, 19
814814 $3,686,749,000, to remain available until expended: Pro-20
815815 vided, That of such amount, $243,000,000 shall be avail-21
816816 able until September 30, 2025, for program direction. 22 33
817817 •S 2443 RS
818818 CYBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 1
819819 R
820820 ESPONSE 2
821821 For Department of Energy expenses including the 3
822822 purchase, construction, and acquisition of plant and cap-4
823823 ital equipment, and other expenses necessary for energy 5
824824 sector cybersecurity, energy security, and emergency re-6
825825 sponse activities in carrying out the purposes of the De-7
826826 partment of Energy Organization Act (42 U.S.C. 7101 et 8
827827 seq.), including the acquisition or condemnation of any 9
828828 real property or any facility or for plant or facility acquisi-10
829829 tion, construction, or expansion, $200,000,000, to remain 11
830830 available until expended: Provided, That of such amount, 12
831831 $25,000,000 shall be available until September 30, 2025, 13
832832 for program direction. 14
833833 E
834834 LECTRICITY 15
835835 For Department of Energy expenses including the 16
836836 purchase, construction, and acquisition of plant and cap-17
837837 ital equipment, and other expenses necessary for elec-18
838838 tricity activities in carrying out the purposes of the De-19
839839 partment of Energy Organization Act (42 U.S.C. 7101 et 20
840840 seq.), including the acquisition or condemnation of any 21
841841 real property or any facility or for plant or facility acquisi-22
842842 tion, construction, or expansion, $290,000,000, to remain 23
843843 available until expended: Provided, That of such amount, 24
844844 $18,000,000 shall be available until September 30, 2025, 25 34
845845 •S 2443 RS
846846 for program direction: Provided further, That funds under 1
847847 this heading allocated for the purposes of section 9 of the 2
848848 Small Business Act, as amended (15 U.S.C. 638), includ-3
849849 ing for Small Business Innovation Research and Small 4
850850 Business Technology Transfer activities, or for the pur-5
851851 poses of section 1001 of the Energy Policy Act of 2005, 6
852852 as amended (42 U.S.C. 16391(a)), for Technology Com-7
853853 mercialization Fund activities, may be reprogrammed 8
854854 without being subject to the restrictions in section 301 of 9
855855 this Act. 10
856856 G
857857 RIDDEPLOYMENT 11
858858 For Department of Energy expenses including the 12
859859 purchase, construction, and acquisition of plant and cap-13
860860 ital equipment, and other expenses necessary for grid de-14
861861 ployment in carrying out the purposes of the Department 15
862862 of Energy Organization Act (42 U.S.C. 7191 et seq.), in-16
863863 cluding the acquisition or condemnation of any real prop-17
864864 erty or any facility or for plant or facility acquisition, con-18
865865 struction, or expansion, $60,000,000, to remain available 19
866866 until expended: Provided, That of such amount, 20
867867 $6,000,000 shall be available until September 30, 2025, 21
868868 for program direction: Provided further, That amounts 22
869869 provided under this heading may be used to carry out ac-23
870870 tivities, including financial assistance, procurement, tech-24
871871 nical assistance, and workforce support, to enhance the 25 35
872872 •S 2443 RS
873873 domestic supply chain for the manufacture of trans-1
874874 formers and electric grid components, including key mate-2
875875 rials and components thereof. 3
876876 N
877877 UCLEARENERGY 4
878878 For Department of Energy expenses including the 5
879879 purchase, construction, and acquisition of plant and cap-6
880880 ital equipment, and other expenses necessary for nuclear 7
881881 energy activities in carrying out the purposes of the De-8
882882 partment of Energy Organization Act (42 U.S.C. 7101 et 9
883883 seq.), including the acquisition or condemnation of any 10
884884 real property or any facility or for plant or facility acquisi-11
885885 tion, construction, or expansion, $1,550,887,000, to re-12
886886 main available until expended: Provided, That of such 13
887887 amount, $85,500,000 shall be available until September 14
888888 30, 2025, for program direction: Provided further, That 15
889889 for the purpose of section 954(a)(6) of the Energy Policy 16
890890 Act of 2005, as amended, the only amount available shall 17
891891 be from the amount specified as including that purpose 18
892892 in the ‘‘Committee Recommendation’’ column in the ‘‘De-19
893893 partment of Energy’’ table included under the heading 20
894894 ‘‘Title III—Department of Energy’’ in the report accom-21
895895 panying this Act: Provided further, That of the amounts 22
896896 made available under this heading, $300,000,000 is des-23
897897 ignated by the Congress as being for an emergency re-24 36
898898 •S 2443 RS
899899 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-1
900900 anced Budget and Emergency Deficit Control Act of 1985. 2
901901 F
902902 OSSILENERGY ANDCARBONMANAGEMENT 3
903903 For Department of Energy expenses necessary in car-4
904904 rying out fossil energy and carbon management research 5
905905 and development activities, under the authority of the De-6
906906 partment of Energy Organization Act (42 U.S.C. 7101 et 7
907907 seq.), including the acquisition of interest, including defea-8
908908 sible and equitable interests in any real property or any 9
909909 facility or for plant or facility acquisition or expansion, 10
910910 and for conducting inquiries, technological investigations 11
911911 and research concerning the extraction, processing, use, 12
912912 and disposal of mineral substances without objectionable 13
913913 social and environmental costs (30 U.S.C. 3, 1602, and 14
914914 1603), $892,000,000, to remain available until expended: 15
915915 Provided, That of such amount $79,000,000 shall be avail-16
916916 able until September 30, 2025, for program direction. 17
917917 E
918918 NERGYPROJECTS 18
919919 For Department of Energy expenses necessary in car-19
920920 rying out community project funding activities, under the 20
921921 authority of the Department of Energy Organization Act 21
922922 (42 U.S.C. 7101 et seq.), $87,896,000, to remain available 22
923923 until expended, for projects specified in the table that ap-23
924924 pears under the heading ‘‘Congressionally Directed Spend-24 37
925925 •S 2443 RS
926926 ing of Energy Projects’’ in the report accompanying this 1
927927 Act. 2
928928 N
929929 AVALPETROLEUM AND OILSHALERESERVES 3
930930 For Department of Energy expenses necessary to 4
931931 carry out naval petroleum and oil shale reserve activities, 5
932932 $13,010,000, to remain available until expended: Pro-6
933933 vided, That notwithstanding any other provision of law, 7
934934 unobligated funds remaining from prior years shall be 8
935935 available for all naval petroleum and oil shale reserve ac-9
936936 tivities. 10
937937 S
938938 TRATEGICPETROLEUMRESERVE 11
939939 For Department of Energy expenses necessary for 12
940940 Strategic Petroleum Reserve facility development and op-13
941941 erations and program management activities pursuant to 14
942942 the Energy Policy and Conservation Act (42 U.S.C. 6201 15
943943 et seq.), $214,908,000, to remain available until expended: 16
944944 Provided, That notwithstanding sections 161 and 167 of 17
945945 the Energy Policy and Conservation Act (42 U.S.C. 6241, 18
946946 6247), the Secretary of Energy shall draw down and sell 19
947947 one million barrels of refined petroleum product from the 20
948948 Strategic Petroleum Reserve during fiscal year 2024: Pro-21
949949 vided further, That all proceeds from such sale shall be 22
950950 deposited into the general fund of the Treasury during fis-23
951951 cal year 2024: Provided further, That upon the completion 24 38
952952 •S 2443 RS
953953 of such sale, the Secretary shall carry out the closure of 1
954954 the Northeast Gasoline Supply Reserve. 2
955955 SPR P
956956 ETROLEUMACCOUNT 3
957957 For the acquisition, transportation, and injection of 4
958958 petroleum products, and for other necessary expenses pur-5
959959 suant to the Energy Policy and Conservation Act of 1975, 6
960960 as amended (42 U.S.C. 6201 et seq.), sections 403 and 7
961961 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 8
962962 6241, 6239 note), section 32204 of the Fixing America’s 9
963963 Surface Transportation Act (42 U.S.C. 6241 note), and 10
964964 section 30204 of the Bipartisan Budget Act of 2018 (42 11
965965 U.S.C. 6241 note), $100,000, to remain available until ex-12
966966 pended: Provided, That of the unobligated balances from 13
967967 amounts deposited under this heading pursuant to section 14
968968 167(b)(3) of the Energy Policy and Conservation Act (42 15
969969 U.S.C. 6247(b)(3)), $401,000,000 is hereby permanently 16
970970 rescinded not later than September 30, 2024. 17
971971 N
972972 ORTHEASTHOMEHEATINGOILRESERVE 18
973973 For Department of Energy expenses necessary for 19
974974 Northeast Home Heating Oil Reserve storage, operation, 20
975975 and management activities pursuant to the Energy Policy 21
976976 and Conservation Act (42 U.S.C. 6201 et seq.), 22
977977 $7,150,000, to remain available until expended. 23 39
978978 •S 2443 RS
979979 ENERGYINFORMATIONADMINISTRATION 1
980980 For Department of Energy expenses necessary in car-2
981981 rying out the activities of the Energy Information Admin-3
982982 istration, $135,000,000, to remain available until ex-4
983983 pended. 5
984984 N
985985 ON-DEFENSEENVIRONMENTAL CLEANUP 6
986986 For Department of Energy expenses, including the 7
987987 purchase, construction, and acquisition of plant and cap-8
988988 ital equipment and other expenses necessary for non-de-9
989989 fense environmental cleanup activities in carrying out the 10
990990 purposes of the Department of Energy Organization Act 11
991991 (42 U.S.C. 7101 et seq.), including the acquisition or con-12
992992 demnation of any real property or any facility or for plant 13
993993 or facility acquisition, construction, or expansion, 14
994994 $354,000,000, to remain available until expended: Pro-15
995995 vided, That in addition, fees collected pursuant to sub-16
996996 section (b)(1) of section 6939f of title 42, United States 17
997997 Code, and deposited under this heading in fiscal year 2024 18
998998 pursuant to section 309 of title III of division C of Public 19
999999 Law 116–94 are appropriated, to remain available until 20
10001000 expended, for mercury storage costs. 21
10011001 U
10021002 RANIUMENRICHMENTDECONTAMINATION AND 22
10031003 D
10041004 ECOMMISSIONINGFUND 23
10051005 For Department of Energy expenses necessary in car-24
10061006 rying out uranium enrichment facility decontamination 25 40
10071007 •S 2443 RS
10081008 and decommissioning, remedial actions, and other activi-1
10091009 ties of title II of the Atomic Energy Act of 1954, and 2
10101010 title X, subtitle A, of the Energy Policy Act of 1992, 3
10111011 $862,000,000, to be derived from the Uranium Enrich-4
10121012 ment Decontamination and Decommissioning Fund, to re-5
10131013 main available until expended, of which $6,792,000 shall 6
10141014 be available in accordance with title X, subtitle A, of the 7
10151015 Energy Policy Act of 1992. 8
10161016 S
10171017 CIENCE 9
10181018 For Department of Energy expenses including the 10
10191019 purchase, construction, and acquisition of plant and cap-11
10201020 ital equipment, and other expenses necessary for science 12
10211021 activities in carrying out the purposes of the Department 13
10221022 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-14
10231023 cluding the acquisition or condemnation of any real prop-15
10241024 erty or any facility or for plant or facility acquisition, con-16
10251025 struction, or expansion, and purchase of not more than 17
10261026 35 passenger motor vehicles, $8,430,000,000, to remain 18
10271027 available until expended: Provided, That of such amount, 19
10281028 $236,700,000 shall be available until September 30, 2025, 20
10291029 for program direction. 21
10301030 N
10311031 UCLEARWASTEDISPOSAL 22
10321032 For Department of Energy expenses necessary for 23
10331033 nuclear waste disposal activities to carry out the purposes 24
10341034 of the Nuclear Waste Policy Act of 1982, Public Law 97– 25 41
10351035 •S 2443 RS
10361036 425, as amended, $12,040,000, to remain available until 1
10371037 expended and to be derived from the Nuclear Waste Fund. 2
10381038 T
10391039 ECHNOLOGYTRANSITIONS 3
10401040 For Department of Energy expenses necessary for 4
10411041 carrying out the activities of technology transitions, 5
10421042 $20,000,000, to remain available until expended: Pro-6
10431043 vided, That of such amount, $11,500,000 shall be avail-7
10441044 able until September 30, 2025, for program direction. 8
10451045 C
10461046 LEANENERGYDEMONSTRATIONS 9
10471047 For Department of Energy expenses, including the 10
10481048 purchase, construction, and acquisition of plant and cap-11
10491049 ital equipment and other expenses necessary for clean en-12
10501050 ergy demonstrations in carrying out the purposes of the 13
10511051 Department of Energy Organization Act (42 U.S.C. 7101 14
10521052 et seq.), including the acquisition or condemnation of any 15
10531053 real property or any facility or for plant or facility acquisi-16
10541054 tion, construction, or expansion, $89,000,000, to remain 17
10551055 available until expended: Provided, That of such amount, 18
10561056 $25,000,000 shall be available until September 30, 2025, 19
10571057 for program direction. 20
10581058 A
10591059 DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 21
10601060 For Department of Energy expenses necessary in car-22
10611061 rying out the activities authorized by section 5012 of the 23
10621062 America COMPETES Act (Public Law 110–69), 24
10631063 $450,000,000, to remain available until expended: Pro-25 42
10641064 •S 2443 RS
10651065 vided, That of such amount, $37,000,000 shall be avail-1
10661066 able until September 30, 2025, for program direction. 2
10671067 T
10681068 ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 3
10691069 P
10701070 ROGRAM 4
10711071 Such sums as are derived from amounts received 5
10721072 from borrowers pursuant to section 1702(b) of the Energy 6
10731073 Policy Act of 2005 under this heading in prior Acts, shall 7
10741074 be collected in accordance with section 502(7) of the Con-8
10751075 gressional Budget Act of 1974: Provided, That for nec-9
10761076 essary administrative expenses of the Title 17 Innovative 10
10771077 Technology Loan Guarantee Program, as authorized, 11
10781078 $70,000,000 is appropriated, to remain available until 12
10791079 September 30, 2025: Provided further, That up to 13
10801080 $70,000,000 of fees collected in fiscal year 2024 pursuant 14
10811081 to section 1702(h) of the Energy Policy Act of 2005 shall 15
10821082 be credited as offsetting collections under this heading and 16
10831083 used for necessary administrative expenses in this appro-17
10841084 priation and shall remain available until September 30, 18
10851085 2025: Provided further, That to the extent that fees col-19
10861086 lected in fiscal year 2024 exceed $70,000,000, those ex-20
10871087 cess amounts shall be credited as offsetting collections 21
10881088 under this heading and available in future fiscal years only 22
10891089 to the extent provided in advance in appropriations Acts: 23
10901090 Provided further, That the sum herein appropriated from 24
10911091 the general fund shall be reduced (1) as such fees are re-25 43
10921092 •S 2443 RS
10931093 ceived during fiscal year 2024 (estimated at $70,000,000) 1
10941094 and (2) to the extent that any remaining general fund ap-2
10951095 propriations can be derived from fees collected in previous 3
10961096 fiscal years that are not otherwise appropriated, so as to 4
10971097 result in a final fiscal year 2024 appropriation from the 5
10981098 general fund estimated at $0: Provided further, That the 6
10991099 Department of Energy shall not subordinate any loan obli-7
11001100 gation to other financing in violation of section 1702 of 8
11011101 the Energy Policy Act of 2005 or subordinate any Guaran-9
11021102 teed Obligation to any loan or other debt obligations in 10
11031103 violation of section 609.8 of title 10, Code of Federal Reg-11
11041104 ulations. 12
11051105 A
11061106 DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 13
11071107 L
11081108 OANPROGRAM 14
11091109 For Department of Energy administrative expenses 15
11101110 necessary in carrying out the Advanced Technology Vehi-16
11111111 cles Manufacturing Loan Program, $13,000,000, to re-17
11121112 main available until September 30, 2025. 18
11131113 T
11141114 RIBALENERGYLOANGUARANTEEPROGRAM 19
11151115 For Department of Energy administrative expenses 20
11161116 necessary in carrying out the Tribal Energy Loan Guar-21
11171117 antee Program, $6,300,000, to remain available until Sep-22
11181118 tember 30, 2025. 23 44
11191119 •S 2443 RS
11201120 INDIANENERGYPOLICY ANDPROGRAMS 1
11211121 For necessary expenses for Indian Energy activities 2
11221122 in carrying out the purposes of the Department of Energy 3
11231123 Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 4
11241124 to remain available until expended: Provided, That of the 5
11251125 amount appropriated under this heading, $14,000,000 6
11261126 shall be available until September 30, 2025, for program 7
11271127 direction. 8
11281128 D
11291129 EPARTMENTAL ADMINISTRATION 9
11301130 For salaries and expenses of the Department of En-10
11311131 ergy necessary for departmental administration in car-11
11321132 rying out the purposes of the Department of Energy Orga-12
11331133 nization Act (42 U.S.C. 7101 et seq.), $383,578,000, to 13
11341134 remain available until September 30, 2025, including the 14
11351135 hire of passenger motor vehicles and official reception and 15
11361136 representation expenses not to exceed $30,000, plus such 16
11371137 additional amounts as necessary to cover increases in the 17
11381138 estimated amount of cost of work for others notwith-18
11391139 standing the provisions of the Anti-Deficiency Act (31 19
11401140 U.S.C. 1511 et seq.): Provided, That such increases in cost 20
11411141 of work are offset by revenue increases of the same or 21
11421142 greater amount: Provided further, That moneys received 22
11431143 by the Department for miscellaneous revenues estimated 23
11441144 to total $100,578,000 in fiscal year 2024 may be retained 24
11451145 and used for operating expenses within this account, as 25 45
11461146 •S 2443 RS
11471147 authorized by section 201 of Public Law 95–238, notwith-1
11481148 standing the provisions of 31 U.S.C. 3302: Provided fur-2
11491149 ther, That the sum herein appropriated shall be reduced 3
11501150 as collections are received during the fiscal year so as to 4
11511151 result in a final fiscal year 2024 appropriation from the 5
11521152 general fund estimated at not more than $283,000,000. 6
11531153 O
11541154 FFICE OF THEINSPECTORGENERAL 7
11551155 For expenses necessary for the Office of the Inspector 8
11561156 General in carrying out the provisions of the Inspector 9
11571157 General Act of 1978, $86,000,000, to remain available 10
11581158 until September 30, 2025. 11
11591159 ATOMIC ENERGY DEFENSE ACTIVITIES 12
11601160 NATIONAL NUCLEAR SECURITY 13
11611161 ADMINISTRATION 14
11621162 W
11631163 EAPONSACTIVITIES 15
11641164 For Department of Energy expenses, including the 16
11651165 purchase, construction, and acquisition of plant and cap-17
11661166 ital equipment and other incidental expenses necessary for 18
11671167 atomic energy defense weapons activities in carrying out 19
11681168 the purposes of the Department of Energy Organization 20
11691169 Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
11701170 condemnation of any real property or any facility or for 22
11711171 plant or facility acquisition, construction, or expansion, 23
11721172 and the purchase of not to exceed one ambulance, for re-24
11731173 placement only, $18,832,947,000, to remain available 25 46
11741174 •S 2443 RS
11751175 until expended: Provided, That of such amount, 1
11761176 $118,056,000 shall be available until September 30, 2025, 2
11771177 for program direction. 3
11781178 D
11791179 EFENSENUCLEARNONPROLIFERATION 4
11801180 For Department of Energy expenses, including the 5
11811181 purchase, construction, and acquisition of plant and cap-6
11821182 ital equipment and other incidental expenses necessary for 7
11831183 defense nuclear nonproliferation activities, in carrying out 8
11841184 the purposes of the Department of Energy Organization 9
11851185 Act (42 U.S.C. 7101 et seq.), including the acquisition or 10
11861186 condemnation of any real property or any facility or for 11
11871187 plant or facility acquisition, construction, or expansion, 12
11881188 $2,596,522,000, to remain available until expended. 13
11891189 N
11901190 AVALREACTORS 14
11911191 (INCLUDING TRANSFER OF FUNDS) 15
11921192 For Department of Energy expenses necessary for 16
11931193 naval reactors activities to carry out the Department of 17
11941194 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-18
11951195 ing the acquisition (by purchase, condemnation, construc-19
11961196 tion, or otherwise) of real property, plant, and capital 20
11971197 equipment, facilities, and facility expansion, 21
11981198 $1,964,100,000, to remain available until expended, of 22
11991199 which, $92,800,000 shall be transferred to ‘‘Department 23
12001200 of Energy—Energy Programs—Nuclear Energy’’, for the 24
12011201 Advanced Test Reactor: Provided, That of the amounts 25 47
12021202 •S 2443 RS
12031203 made available under this heading, $61,540,000 shall be 1
12041204 available until September 30, 2025, for program direction. 2
12051205 F
12061206 EDERALSALARIES ANDEXPENSES 3
12071207 For expenses necessary for Federal Salaries and Ex-4
12081208 penses in the National Nuclear Security Administration, 5
12091209 $485,000,000, to remain available until September 30, 6
12101210 2025, including official reception and representation ex-7
12111211 penses not to exceed $17,000. 8
12121212 ENVIRONMENTAL AND OTHER DEFENSE 9
12131213 ACTIVITIES 10
12141214 D
12151215 EFENSEENVIRONMENTAL CLEANUP 11
12161216 For Department of Energy expenses, including the 12
12171217 purchase, construction, and acquisition of plant and cap-13
12181218 ital equipment and other expenses necessary for atomic 14
12191219 energy defense environmental cleanup activities in car-15
12201220 rying out the purposes of the Department of Energy Orga-16
12211221 nization Act (42 U.S.C. 7101 et seq.), including the acqui-17
12221222 sition or condemnation of any real property or any facility 18
12231223 or for plant or facility acquisition, construction, or expan-19
12241224 sion, $7,296,564,000, to remain available until expended: 20
12251225 Provided, That of such amount, $326,893,000 shall be 21
12261226 available until September 30, 2025, for program direction. 22 48
12271227 •S 2443 RS
12281228 DEFENSEURANIUMENRICHMENTDECONTAMINATION 1
12291229 ANDDECOMMISSIONING 2
12301230 (INCLUDING TRANSFER OF FUNDS) 3
12311231 For an additional amount for atomic energy defense 4
12321232 environmental cleanup activities for Department of En-5
12331233 ergy contributions for uranium enrichment decontamina-6
12341234 tion and decommissioning activities, $575,000,000, to be 7
12351235 deposited into the Defense Environmental Cleanup ac-8
12361236 count, which shall be transferred to the ‘‘Uranium Enrich-9
12371237 ment Decontamination and Decommissioning Fund’’. 10
12381238 O
12391239 THERDEFENSEACTIVITIES 11
12401240 For Department of Energy expenses, including the 12
12411241 purchase, construction, and acquisition of plant and cap-13
12421242 ital equipment and other expenses, necessary for atomic 14
12431243 energy defense, other defense activities, and classified ac-15
12441244 tivities, in carrying out the purposes of the Department 16
12451245 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-17
12461246 cluding the acquisition or condemnation of any real prop-18
12471247 erty or any facility or for plant or facility acquisition, con-19
12481248 struction, or expansion, $1,079,867,000, to remain avail-20
12491249 able until expended: Provided, That of such amount, 21
12501250 $381,460,000 shall be available until September 30, 2025, 22
12511251 for program direction. 23 49
12521252 •S 2443 RS
12531253 POWER MARKETING ADMINISTRATIONS 1
12541254 B
12551255 ONNEVILLEPOWERADMINISTRATIONFUND 2
12561256 Expenditures from the Bonneville Power Administra-3
12571257 tion Fund, established pursuant to Public Law 93–454, 4
12581258 are approved for official reception and representation ex-5
12591259 penses in an amount not to exceed $5,000: Provided, That 6
12601260 during fiscal year 2024, no new direct loan obligations 7
12611261 may be made. 8
12621262 O
12631263 PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 9
12641264 A
12651265 DMINISTRATION 10
12661266 For expenses necessary for operation and mainte-11
12671267 nance of power transmission facilities and for marketing 12
12681268 electric power and energy, including transmission wheeling 13
12691269 and ancillary services, pursuant to section 5 of the Flood 14
12701270 Control Act of 1944 (16 U.S.C. 825s), as applied to the 15
12711271 southeastern power area, $8,449,000, including official re-16
12721272 ception and representation expenses in an amount not to 17
12731273 exceed $1,500, to remain available until expended: Pro-18
12741274 vided, That notwithstanding 31 U.S.C. 3302 and section 19
12751275 5 of the Flood Control Act of 1944, up to $8,449,000 col-20
12761276 lected by the Southeastern Power Administration from the 21
12771277 sale of power and related services shall be credited to this 22
12781278 account as discretionary offsetting collections, to remain 23
12791279 available until expended for the sole purpose of funding 24
12801280 the annual expenses of the Southeastern Power Adminis-25 50
12811281 •S 2443 RS
12821282 tration: Provided further, That the sum herein appro-1
12831283 priated for annual expenses shall be reduced as collections 2
12841284 are received during the fiscal year so as to result in a final 3
12851285 fiscal year 2024 appropriation estimated at not more than 4
12861286 $0: Provided further, That notwithstanding 31 U.S.C. 5
12871287 3302, up to $71,850,000 collected by the Southeastern 6
12881288 Power Administration pursuant to the Flood Control Act 7
12891289 of 1944 to recover purchase power and wheeling expenses 8
12901290 shall be credited to this account as offsetting collections, 9
12911291 to remain available until expended for the sole purpose 10
12921292 of making purchase power and wheeling expenditures: 11
12931293 Provided further, That for purposes of this appropriation, 12
12941294 annual expenses means expenditures that are generally re-13
12951295 covered in the same year that they are incurred (excluding 14
12961296 purchase power and wheeling expenses). 15
12971297 O
12981298 PERATION ANDMAINTENANCE, SOUTHWESTERN 16
12991299 P
13001300 OWERADMINISTRATION 17
13011301 For expenses necessary for operation and mainte-18
13021302 nance of power transmission facilities and for marketing 19
13031303 electric power and energy, for construction and acquisition 20
13041304 of transmission lines, substations and appurtenant facili-21
13051305 ties, and for administrative expenses, including official re-22
13061306 ception and representation expenses in an amount not to 23
13071307 exceed $1,500 in carrying out section 5 of the Flood Con-24
13081308 trol Act of 1944 (16 U.S.C. 825s), as applied to the 25 51
13091309 •S 2443 RS
13101310 Southwestern Power Administration, $52,326,000, to re-1
13111311 main available until expended: Provided, That notwith-2
13121312 standing 31 U.S.C. 3302 and section 5 of the Flood Con-3
13131313 trol Act of 1944 (16 U.S.C. 825s), up to $40,886,000 col-4
13141314 lected by the Southwestern Power Administration from 5
13151315 the sale of power and related services shall be credited to 6
13161316 this account as discretionary offsetting collections, to re-7
13171317 main available until expended, for the sole purpose of 8
13181318 funding the annual expenses of the Southwestern Power 9
13191319 Administration: Provided further, That the sum herein ap-10
13201320 propriated for annual expenses shall be reduced as collec-11
13211321 tions are received during the fiscal year so as to result 12
13221322 in a final fiscal year 2024 appropriation estimated at not 13
13231323 more than $11,440,000: Provided further, That notwith-14
13241324 standing 31 U.S.C. 3302, up to $80,000,000 collected by 15
13251325 the Southwestern Power Administration pursuant to the 16
13261326 Flood Control Act of 1944 to recover purchase power and 17
13271327 wheeling expenses shall be credited to this account as off-18
13281328 setting collections, to remain available until expended for 19
13291329 the sole purpose of making purchase power and wheeling 20
13301330 expenditures: Provided further, That for purposes of this 21
13311331 appropriation, annual expenses means expenditures that 22
13321332 are generally recovered in the same year that they are in-23
13331333 curred (excluding purchase power and wheeling expenses). 24 52
13341334 •S 2443 RS
13351335 CONSTRUCTION, REHABILITATION, OPERATION AND 1
13361336 M
13371337 AINTENANCE, WESTERNAREAPOWERADMINIS-2
13381338 TRATION 3
13391339 For carrying out the functions authorized by title III, 4
13401340 section 302(a)(1)(E) of the Act of August 4, 1977 (42 5
13411341 U.S.C. 7152), and other related activities including con-6
13421342 servation and renewable resources programs as author-7
13431343 ized, $313,289,000, including official reception and rep-8
13441344 resentation expenses in an amount not to exceed $1,500, 9
13451345 to remain available until expended, of which $313,289,000 10
13461346 shall be derived from the Department of the Interior Rec-11
13471347 lamation Fund: Provided, That notwithstanding 31 U.S.C. 12
13481348 3302, section 5 of the Flood Control Act of 1944 (16 13
13491349 U.S.C. 825s), and section 1 of the Interior Department 14
13501350 Appropriation Act, 1939 (43 U.S.C. 392a), up to 15
13511351 $213,417,000 collected by the Western Area Power Ad-16
13521352 ministration from the sale of power and related services 17
13531353 shall be credited to this account as discretionary offsetting 18
13541354 collections, to remain available until expended, for the sole 19
13551355 purpose of funding the annual expenses of the Western 20
13561356 Area Power Administration: Provided further, That the 21
13571357 sum herein appropriated for annual expenses shall be re-22
13581358 duced as collections are received during the fiscal year so 23
13591359 as to result in a final fiscal year 2024 appropriation esti-24
13601360 mated at not more than $99,872,000, of which 25 53
13611361 •S 2443 RS
13621362 $99,872,000 is derived from the Reclamation Fund: Pro-1
13631363 vided further, That notwithstanding 31 U.S.C. 3302, up 2
13641364 to $475,000,000 collected by the Western Area Power Ad-3
13651365 ministration pursuant to the Flood Control Act of 1944 4
13661366 and the Reclamation Project Act of 1939 to recover pur-5
13671367 chase power and wheeling expenses shall be credited to 6
13681368 this account as offsetting collections, to remain available 7
13691369 until expended for the sole purpose of making purchase 8
13701370 power and wheeling expenditures: Provided further, That 9
13711371 for purposes of this appropriation, annual expenses means 10
13721372 expenditures that are generally recovered in the same year 11
13731373 that they are incurred (excluding purchase power and 12
13741374 wheeling expenses). 13
13751375 F
13761376 ALCON ANDAMISTADOPERATING ANDMAINTENANCE 14
13771377 F
13781378 UND 15
13791379 For operation, maintenance, and emergency costs for 16
13801380 the hydroelectric facilities at the Falcon and Amistad 17
13811381 Dams, $3,425,000, to remain available until expended, 18
13821382 and to be derived from the Falcon and Amistad Operating 19
13831383 and Maintenance Fund of the Western Area Power Ad-20
13841384 ministration, as provided in section 2 of the Act of June 21
13851385 18, 1954 (68 Stat. 255): Provided, That notwithstanding 22
13861386 the provisions of that Act and of 31 U.S.C. 3302, up to 23
13871387 $3,197,000 collected by the Western Area Power Adminis-24
13881388 tration from the sale of power and related services from 25 54
13891389 •S 2443 RS
13901390 the Falcon and Amistad Dams shall be credited to this 1
13911391 account as discretionary offsetting collections, to remain 2
13921392 available until expended for the sole purpose of funding 3
13931393 the annual expenses of the hydroelectric facilities of these 4
13941394 Dams and associated Western Area Power Administration 5
13951395 activities: Provided further, That the sum herein appro-6
13961396 priated for annual expenses shall be reduced as collections 7
13971397 are received during the fiscal year so as to result in a final 8
13981398 fiscal year 2024 appropriation estimated at not more than 9
13991399 $228,000: Provided further, That for purposes of this ap-10
14001400 propriation, annual expenses means expenditures that are 11
14011401 generally recovered in the same year that they are in-12
14021402 curred: Provided further, That for fiscal year 2024, the 13
14031403 Administrator of the Western Area Power Administration 14
14041404 may accept up to $1,872,000 in funds contributed by 15
14051405 United States power customers of the Falcon and Amistad 16
14061406 Dams for deposit into the Falcon and Amistad Operating 17
14071407 and Maintenance Fund, and such funds shall be available 18
14081408 for the purpose for which contributed in like manner as 19
14091409 if said sums had been specifically appropriated for such 20
14101410 purpose: Provided further, That any such funds shall be 21
14111411 available without further appropriation and without fiscal 22
14121412 year limitation for use by the Commissioner of the United 23
14131413 States Section of the International Boundary and Water 24
14141414 Commission for the sole purpose of operating, maintain-25 55
14151415 •S 2443 RS
14161416 ing, repairing, rehabilitating, replacing, or upgrading the 1
14171417 hydroelectric facilities at these Dams in accordance with 2
14181418 agreements reached between the Administrator, Commis-3
14191419 sioner, and the power customers. 4
14201420 F
14211421 EDERALENERGYREGULATORYCOMMISSION 5
14221422 SALARIES AND EXPENSES 6
14231423 For expenses necessary for the Federal Energy Regu-7
14241424 latory Commission to carry out the provisions of the De-8
14251425 partment of Energy Organization Act (42 U.S.C. 7101 et 9
14261426 seq.), including services as authorized by 5 U.S.C. 3109, 10
14271427 official reception and representation expenses not to ex-11
14281428 ceed $3,000, and the hire of passenger motor vehicles, 12
14291429 $520,000,000, to remain available until expended: Pro-13
14301430 vided, That notwithstanding any other provision of law, 14
14311431 not to exceed $520,000,000 of revenues from fees and an-15
14321432 nual charges, and other services and collections in fiscal 16
14331433 year 2023 shall be retained and used for expenses nec-17
14341434 essary in this account, and shall remain available until ex-18
14351435 pended: Provided further, That the sum herein appro-19
14361436 priated from the general fund shall be reduced as revenues 20
14371437 are received during fiscal year 2024 so as to result in a 21
14381438 final fiscal year 2024 appropriation from the general fund 22
14391439 estimated at not more than $0. 23 56
14401440 •S 2443 RS
14411441 GENERAL PROVISIONS—DEPARTMENT OF 1
14421442 ENERGY 2
14431443 S
14441444 EC. 301. (a) No appropriation, funds, or authority 3
14451445 made available by this title for the Department of Energy 4
14461446 shall be used to initiate or resume any program, project, 5
14471447 or activity or to prepare or initiate Requests For Proposals 6
14481448 or similar arrangements (including Requests for 7
14491449 Quotations, Requests for Information, and Funding Op-8
14501450 portunity Announcements) for a program, project, or ac-9
14511451 tivity if the program, project, or activity has not been 10
14521452 funded by Congress. 11
14531453 (b)(1) Unless the Secretary of Energy notifies the 12
14541454 Committees on Appropriations of both Houses of Congress 13
14551455 at least 3 full business days in advance, none of the funds 14
14561456 made available in this title may be used to— 15
14571457 (A) make or modify a grant allocation or discre-16
14581458 tionary grant award totaling $1,000,000 or more; 17
14591459 (B) make or modify a discretionary contract 18
14601460 award or Other Transaction Agreement totaling 19
14611461 $1,000,000 or more, including a contract covered by 20
14621462 the Federal Acquisition Regulation; 21
14631463 (C) issue a letter of intent to make or modify 22
14641464 an allocation, award, or Agreement in excess of the 23
14651465 limits in subparagraph (A) or (B); or 24 57
14661466 •S 2443 RS
14671467 (D) announce publicly the intention to make or 1
14681468 modify an allocation, award, or Agreement in excess 2
14691469 of the limits in subparagraph (A) or (B). 3
14701470 (2) The Secretary of Energy shall submit to the Com-4
14711471 mittees on Appropriations of both Houses of Congress 5
14721472 within 15 days of the conclusion of each quarter a report 6
14731473 detailing each grant allocation or discretionary grant 7
14741474 award totaling less than $1,000,000 provided or modified 8
14751475 during the previous quarter. 9
14761476 (3) The notification required by paragraph (1) and 10
14771477 the report required by paragraph (2) shall include the re-11
14781478 cipient of the award, the amount of the award, the fiscal 12
14791479 year for which the funds for the award were appropriated, 13
14801480 the account and program, project, or activity from which 14
14811481 the funds are being drawn, the title of the award, and 15
14821482 a brief description of the activity for which the award is 16
14831483 made or modified. 17
14841484 (c) The Department of Energy may not, with respect 18
14851485 to any program, project, or activity that uses budget au-19
14861486 thority made available in this title under the heading ‘‘De-20
14871487 partment of Energy—Energy Programs’’, enter into a 21
14881488 multiyear contract, award a multiyear grant, or enter into 22
14891489 a multiyear cooperative agreement unless— 23 58
14901490 •S 2443 RS
14911491 (1) the contract, grant, or cooperative agree-1
14921492 ment is funded for the full period of performance as 2
14931493 anticipated at the time of award; or 3
14941494 (2) the contract, grant, or cooperative agree-4
14951495 ment includes a clause conditioning the Federal Gov-5
14961496 ernment’s obligation on the availability of future 6
14971497 year budget authority and the Secretary notifies the 7
14981498 Committees on Appropriations of both Houses of 8
14991499 Congress at least 3 days in advance. 9
15001500 (d) Except as provided in subsections (e), (f), and (g), 10
15011501 the amounts made available by this title shall be expended 11
15021502 as authorized by law for the programs, projects, and ac-12
15031503 tivities specified in the ‘‘Committee Recommendation’’ col-13
15041504 umn in the ‘‘Department of Energy’’ table included under 14
15051505 the heading ‘‘Title III—Department of Energy’’ in the re-15
15061506 port accompanying this Act. 16
15071507 (e) Except as provided in subsection (f), the amounts 17
15081508 made available by this title may be reprogrammed for any 18
15091509 program, project, or activity, and the Department shall 19
15101510 notify, and obtain the prior approval of, the Committees 20
15111511 on Appropriations of both Houses of Congress at least 30 21
15121512 days prior to the use of any proposed reprogramming that 22
15131513 would cause any program, project, or activity funding level 23
15141514 to increase or decrease by more than $5,000,000 or 10 24 59
15151515 •S 2443 RS
15161516 percent, whichever is less, during the time period covered 1
15171517 by this Act. 2
15181518 (f) None of the funds provided in this title shall be 3
15191519 available for obligation or expenditure through a re-4
15201520 programming of funds— 5
15211521 (1) that creates, initiates, or eliminates a pro-6
15221522 gram, project, or activity; 7
15231523 (2) that increases funds or personnel for any 8
15241524 program, project, or activity for which funds are de-9
15251525 nied or restricted by this Act; or 10
15261526 (3) that reduces funds that are directed to be 11
15271527 used for a specific program, project, or activity by 12
15281528 this Act. 13
15291529 (g)(1) The Secretary of Energy may waive any re-14
15301530 quirement or restriction in this section that applies to the 15
15311531 use of funds made available for the Department of Energy 16
15321532 if compliance with such requirement or restriction would 17
15331533 pose a substantial risk to human health, the environment, 18
15341534 welfare, or national security. 19
15351535 (2) The Secretary of Energy shall notify the Commit-20
15361536 tees on Appropriations of both Houses of Congress of any 21
15371537 waiver under paragraph (1) as soon as practicable, but 22
15381538 not later than 3 days after the date of the activity to which 23
15391539 a requirement or restriction would otherwise have applied. 24 60
15401540 •S 2443 RS
15411541 Such notice shall include an explanation of the substantial 1
15421542 risk under paragraph (1) that permitted such waiver. 2
15431543 (h) The unexpended balances of prior appropriations 3
15441544 provided for activities in this Act may be available to the 4
15451545 same appropriation accounts for such activities established 5
15461546 pursuant to this title. Available balances may be merged 6
15471547 with funds in the applicable established accounts and 7
15481548 thereafter may be accounted for as one fund for the same 8
15491549 time period as originally enacted. 9
15501550 S
15511551 EC. 302. Funds appropriated by this or any other 10
15521552 Act, or made available by the transfer of funds in this 11
15531553 Act, for intelligence activities are deemed to be specifically 12
15541554 authorized by the Congress for purposes of section 504 13
15551555 of the National Security Act of 1947 (50 U.S.C. 3094) 14
15561556 during fiscal year 2024 until the enactment of the Intel-15
15571557 ligence Authorization Act for fiscal year 2024. 16
15581558 S
15591559 EC. 303. None of the funds made available in this 17
15601560 title shall be used for the construction of facilities classi-18
15611561 fied as high-hazard nuclear facilities under 10 CFR Part 19
15621562 830 unless independent oversight is conducted by the Of-20
15631563 fice of Enterprise Assessments to ensure the project is in 21
15641564 compliance with nuclear safety requirements. 22
15651565 S
15661566 EC. 304. None of the funds made available in this 23
15671567 title may be used to approve critical decision-2 or critical 24
15681568 decision-3 under Department of Energy Order 413.3B, or 25 61
15691569 •S 2443 RS
15701570 any successive departmental guidance, for construction 1
15711571 projects where the total project cost exceeds 2
15721572 $100,000,000, until a separate independent cost estimate 3
15731573 has been developed for the project for that critical deci-4
15741574 sion. 5
15751575 S
15761576 EC. 305. No funds shall be transferred directly from 6
15771577 ‘‘Department of Energy—Power Marketing Administra-7
15781578 tion—Colorado River Basins Power Marketing Fund, 8
15791579 Western Area Power Administration’’ to the general fund 9
15801580 of the Treasury in the current fiscal year. 10
15811581 S
15821582 EC. 306. None of the funds made available in this 11
15831583 title may be used to support a grant allocation award, dis-12
15841584 cretionary grant award, or cooperative agreement that ex-13
15851585 ceeds $100,000,000 in Federal funding unless the project 14
15861586 is carried out through internal independent project man-15
15871587 agement procedures. 16
15881588 S
15891589 EC. 307. (a) DEFINITIONS.—In this section: 17
15901590 (1) A
15911591 FFECTED INDIAN TRIBE .—The term ‘‘af-18
15921592 fected Indian tribe’’ has the meaning given the term 19
15931593 in section 2 of the Nuclear Waste Policy Act of 1982 20
15941594 (42 U.S.C. 10101). 21
15951595 (2) H
15961596 IGH-LEVEL RADIOACTIVE WASTE .—The 22
15971597 term ‘‘high-level radioactive waste’’ has the meaning 23
15981598 given the term in section 2 of the Nuclear Waste 24
15991599 Policy Act of 1982 (42 U.S.C. 10101). 25 62
16001600 •S 2443 RS
16011601 (3) NUCLEAR WASTE FUND .—The term ‘‘Nu-1
16021602 clear Waste Fund’’ means the Nuclear Waste Fund 2
16031603 established under section 302(c) of the Nuclear 3
16041604 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 4
16051605 (4) S
16061606 ECRETARY.—The term ‘‘Secretary’’ means 5
16071607 the Secretary of Energy. 6
16081608 (5) S
16091609 PENT NUCLEAR FUEL .—The term ‘‘spent 7
16101610 nuclear fuel’’ has the meaning given the term in sec-8
16111611 tion 2 of the Nuclear Waste Policy Act of 1982 (42 9
16121612 U.S.C. 10101). 10
16131613 (b) P
16141614 ILOTPROGRAM.—Notwithstanding any provi-11
16151615 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 12
16161616 10101 et seq.), the Secretary is authorized, in the current 13
16171617 fiscal year and subsequent fiscal years, to conduct a pilot 14
16181618 program to license, construct, and operate one or more 15
16191619 Federal consolidated storage facilities to provide interim 16
16201620 storage as needed for spent nuclear fuel and high-level ra-17
16211621 dioactive waste, with priority for storage given to spent 18
16221622 nuclear fuel located on sites without an operating nuclear 19
16231623 reactor. 20
16241624 (c) R
16251625 EQUESTS FORPROPOSALS.—Not later than 120 21
16261626 days after the date of enactment of this Act, the Secretary 22
16271627 shall issue a request for proposals for cooperative agree-23
16281628 ments— 24 63
16291629 •S 2443 RS
16301630 (1) to obtain any license necessary from the 1
16311631 Nuclear Regulatory Commission for the construction 2
16321632 of one or more consolidated storage facilities; 3
16331633 (2) to demonstrate the safe transportation of 4
16341634 spent nuclear fuel and high-level radioactive waste, 5
16351635 as applicable; and 6
16361636 (3) to demonstrate the safe storage of spent nu-7
16371637 clear fuel and high-level radioactive waste, as appli-8
16381638 cable, at the one or more consolidated storage facili-9
16391639 ties pending the construction and operation of deep 10
16401640 geologic disposal capacity for the permanent disposal 11
16411641 of the spent nuclear fuel. 12
16421642 (d) C
16431643 ONSENT-BASEDAPPROVAL.—Prior to siting a 13
16441644 consolidated storage facility pursuant to this section, the 14
16451645 Secretary shall enter into an agreement to host the facility 15
16461646 with— 16
16471647 (1) the Governor of the State; 17
16481648 (2) each unit of local government within the ju-18
16491649 risdiction of which the facility is proposed to be lo-19
16501650 cated; and 20
16511651 (3) each affected Indian tribe. 21
16521652 (e) A
16531653 PPLICABILITY.—In executing this section, the 22
16541654 Secretary shall comply with— 23
16551655 (1) all licensing requirements and regulations of 24
16561656 the Nuclear Regulatory Commission; and 25 64
16571657 •S 2443 RS
16581658 (2) all other applicable laws (including regula-1
16591659 tions). 2
16601660 (f) P
16611661 ILOTPROGRAMPLAN.—Not later than 120 days 3
16621662 after the date on which the Secretary issues the request 4
16631663 for proposals under subsection (c), the Secretary shall sub-5
16641664 mit to Congress a plan to carry out this section that in-6
16651665 cludes— 7
16661666 (1) an estimate of the cost of licensing, con-8
16671667 structing, and operating a consolidated storage facil-9
16681668 ity, including the transportation costs, on an annual 10
16691669 basis, over the expected lifetime of the facility; 11
16701670 (2) a schedule for— 12
16711671 (A) obtaining any license necessary to con-13
16721672 struct and operate a consolidated storage facil-14
16731673 ity from the Nuclear Regulatory Commission; 15
16741674 (B) constructing the facility; 16
16751675 (C) transporting spent fuel to the facility; 17
16761676 and 18
16771677 (D) removing the spent fuel and decom-19
16781678 missioning the facility; 20
16791679 (3) an estimate of the cost of any financial as-21
16801680 sistance, compensation, or incentives proposed to be 22
16811681 paid to the host State, Indian tribe, or local govern-23
16821682 ment; 24 65
16831683 •S 2443 RS
16841684 (4) an estimate of any future reductions in the 1
16851685 damages expected to be paid by the United States 2
16861686 for the delay of the Department of Energy in accept-3
16871687 ing spent fuel expected to result from the pilot pro-4
16881688 gram; 5
16891689 (5) recommendations for any additional legisla-6
16901690 tion needed to authorize and implement the pilot 7
16911691 program; and 8
16921692 (6) recommendations for a mechanism to en-9
16931693 sure that any spent nuclear fuel or high-level radio-10
16941694 active waste stored at a consolidated storage facility 11
16951695 pursuant to this section shall move to deep geologic 12
16961696 disposal capacity, following a consent-based approval 13
16971697 process for that deep geologic disposal capacity con-14
16981698 sistent with subsection (d), within a reasonable time 15
16991699 after the issuance of a license to construct and oper-16
17001700 ate the consolidated storage facility. 17
17011701 (g) P
17021702 UBLICPARTICIPATION.—Prior to choosing a 18
17031703 site for the construction of a consolidated storage facility 19
17041704 under this section, the Secretary shall conduct one or more 20
17051705 public hearings in the vicinity of each potential site and 21
17061706 in at least one other location within the State in which 22
17071707 the site is located to solicit public comments and rec-23
17081708 ommendations. 24 66
17091709 •S 2443 RS
17101710 (h) USE OFNUCLEARWASTEFUND.—The Secretary 1
17111711 may make expenditures from the Nuclear Waste Fund to 2
17121712 carry out this section, subject to appropriations. 3
17131713 S
17141714 EC. 308. None of the funds made available in this 4
17151715 or any other Act, including prior Acts, may be used to 5
17161716 pay the salaries and expenses of any contractor detailed 6
17171717 to a Congressional Committee or Member Office or to the 7
17181718 Executive Branch for longer than a 24-month period: Pro-8
17191719 vided, That the term contractor is defined in this section 9
17201720 to means any contracted employee of a Department of En-10
17211721 ergy Laboratory, as defined by Section 2 (3) of the Energy 11
17221722 Policy Act of 2005 (42 U.S.C. 15801). 12
17231723 S
17241724 EC. 309. Section 322 of Public Law No 118–5 is 13
17251725 hereby repealed. 14
17261726 S
17271727 EC. 310. (a) The fifty-first proviso under the head-15
17281728 ing ‘‘Energy Efficiency and Renewable Energy’’ in title 16
17291729 III of division J of Public Law 117–58 is amended by 17
17301730 striking ‘‘three percent’’ each place it appears and insert-18
17311731 ing ‘‘five percent’’. 19
17321732 (b) The eighth proviso under the heading ‘‘Cyberse-20
17331733 curity, Energy Security, and Emergency Response’’ in 21
17341734 title III of division J of Public Law 117–58 is amended 22
17351735 by striking ‘‘three percent’’ each place it appears and in-23
17361736 serting ‘‘five percent’’. 24 67
17371737 •S 2443 RS
17381738 (c) The tenth proviso under the heading ‘‘Electricity’’ 1
17391739 in title III of division J of Public Law 117–58 is amended 2
17401740 by striking ‘‘three percent’’ each place it appears and in-3
17411741 serting ‘‘five percent’’. 4
17421742 (d) The twenty-second proviso under the heading 5
17431743 ‘‘Fossil Energy and Carbon Management’’ in title III of 6
17441744 division J of Public Law 117–58 is amended by striking 7
17451745 ‘‘three percent’’ each place it appears and inserting ‘‘five 8
17461746 percent’’. 9
17471747 (e) The twenty-sixth proviso under the heading ‘‘Of-10
17481748 fice of Clean Energy Demonstrations’’ in title III of divi-11
17491749 sion J of Public Law 117–58 is amended by striking 12
17501750 ‘‘three percent’’ each place it appears and inserting ‘‘five 13
17511751 percent’’. 14
17521752 (f) Amounts repurposed pursuant to this section that 15
17531753 were previously designated by the Congress as an emer-16
17541754 gency requirement pursuant to a concurrent resolution on 17
17551755 the Budget are designated as an emergency requirement 18
17561756 pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 19
17571757 Congress), the concurrent resolution on the budget for fis-20
17581758 cal year 2022, and to legislation establishing fiscal year 21
17591759 2024 budget enforcement in the House of Representatives. 22
17601760 S
17611761 EC. 311. (a) The Trusted Source Requirement for 23
17621762 LEU used in Covered Domestic Reactors shall be: 24
17631763 (1) in calendar year 2025, 50%; 25 68
17641764 •S 2443 RS
17651765 (2) in calendar year 2026, 55%; 1
17661766 (3) in calendar year 2027, 60%; 2
17671767 (4) in calendar year 2028, 65%; 3
17681768 (5) in calendar year 2029, 70%; 4
17691769 (6) in calendar year 2030, 75%; 5
17701770 (7) in calendar year 2031, 80%; 6
17711771 (8) in calendar year 2032, 85%; 7
17721772 (9) in calendar year 2032 and thereafter, 85%. 8
17731773 (b) The Secretary may take action that the Secretary 9
17741774 deems necessary or appropriate to administer, implement 10
17751775 or enforce the Trusted Source Requirement. 11
17761776 (c) The Secretary may require any person to provide 12
17771777 any certifications, reports, or other information necessary 13
17781778 or appropriate to demonstrate compliance with the Trust-14
17791779 ed Source Requirement. 15
17801780 (d)(1) The Secretary shall promulgate, no later than 16
17811781 twelve months after the enactment of this section, a final 17
17821782 regulation to implement this section. 18
17831783 (2) In promulgating the final rule, the Secretary shall 19
17841784 consider the need for: 20
17851785 (A) Mechanisms to allocate the effects of the 21
17861786 Trusted Source Requirement equitably among reac-22
17871787 tor licensees; 23
17881788 (B) Differentiation among various reactor 24
17891789 types; 25 69
17901790 •S 2443 RS
17911791 (C) Differentiation among LEU enriched up to 1
17921792 10 percent of the uranium-235 isotope and LEU en-2
17931793 riched above10 percent of the uranium-235 isotope; 3
17941794 and 4
17951795 (D) Provisions to prevent transactions designed 5
17961796 to evade the purpose of this section. 6
17971797 (e) In this section: 7
17981798 (1) ‘‘Allied Country’’ means any nation with 8
17991799 which the United States is engaged in a common 9
18001800 military effort or with which the United States has 10
18011801 entered into a common defensive military alliance. 11
18021802 (2) ‘‘Covered Domestic Reactor’’ means a nu-12
18031803 clear reactor licensed by the Nuclear Regulatory 13
18041804 Commission for industrial or commercial purposes. 14
18051805 (3) ‘‘LEU’’ means uranium enriched to less 15
18061806 than 20 percent of the uranium-235 isotope, includ-16
18071807 ing that which is derived from highly enriched ura-17
18081808 nium. 18
18091809 (4) ‘‘Secretary’’ means the Secretary of Energy. 19
18101810 (5) ‘‘Trusted Source Requirement’’ means the 20
18111811 percentage of conversion and enrichment that must 21
18121812 occur within the United States or an Allied Country. 22
18131813 (f) In administering, implementing or enforcing the 23
18141814 Trusted Source Requirement, the Department shall only 24
18151815 use existing statutory authorities. 25 70
18161816 •S 2443 RS
18171817 (g) That the Secretary of Energy may use funds ap-1
18181818 propriated or otherwise made available for a commitment 2
18191819 under this section for a commitment only if the full extent 3
18201820 of the anticipated costs stemming from that commitment 4
18211821 is recorded as an obligation at the time that the commit-5
18221822 ment is made and only to the extent that up-front obliga-6
18231823 tion is recorded in full at that time. 7
18241824 S
18251825 EC. 312. (a) Of the amounts previously appropriated 8
18261826 under the heading ‘‘Department of Energy—Energy Pro-9
18271827 grams’’ in division J of the Infrastructure Investment and 10
18281828 Jobs Act (Public Law 117–58) that are made available 11
18291829 for fiscal years 2024, 2025, and 2026, the following 12
18301830 amounts shall be available, in addition to amounts other-13
18311831 wise made available under such heading, for the following 14
18321832 purposes: 15
18331833 (1) Up to $800,000,000 for Advanced Nuclear 16
18341834 Fuel Availability, of which up to $266,666,666 shall 17
18351835 be available for each of fiscal years 2024, 2025, and 18
18361836 2026; and 19
18371837 (2) Up to $400,000,000 for the Advanced 20
18381838 Small Modular Reactor Research, Development, and 21
18391839 Demonstration program for fiscal year 2024. 22
18401840 (b) Of amounts previously appropriated under the 23
18411841 heading ‘‘Department of Energy—Energy Programs— 24
18421842 Electricity’’ in division J of the Infrastructure Investment 25 71
18431843 •S 2443 RS
18441844 and Jobs Act (Public Law 117–58) that are made avail-1
18451845 able for fiscal years 2024, 2025, and 2026, up to 2
18461846 $1,200,000,000 shall be available, in addition to amounts 3
18471847 otherwise made available under such heading, for Elec-4
18481848 tricity activities previously authorized in sections 40101, 5
18491849 40106(d)(3), 40107, or 40125(d) of that Act, including 6
18501850 financial assistance, procurement, technical assistance, 7
18511851 and workforce support, to enhance the domestic supply 8
18521852 chain for the manufacture of electric grid components, in-9
18531853 cluding key materials and components thereof, of which 10
18541854 up to $400,000,000 shall be available for each of fiscal 11
18551855 years 2024, 2025, and 2026: Provided, That the funds 12
18561856 made available in the preceding proviso may be used to 13
18571857 supplement amounts previously appropriated under the 14
18581858 heading ‘‘Department of Energy—Energy Programs— 15
18591859 Electricity’’ in division J of the Infrastructure Investment 16
18601860 and Jobs Act (Public Law 117–58): Provided further, 17
18611861 That amounts appropriated under such heading may be 18
18621862 increased by up to 15 percent: Provided further, That of 19
18631863 funds made available in the preceding proviso, no addi-20
18641864 tional funds may be expended to deploy generation. 21
18651865 (c) Any amount repurposed pursuant to this section 22
18661866 shall retain its original period of availability. 23
18671867 (d) Amounts repurposed pursuant to this section that 24
18681868 were previously designated by the Congress as an emer-25 72
18691869 •S 2443 RS
18701870 gency requirement pursuant to a concurrent resolution on 1
18711871 the Budget are designated as an emergency requirement 2
18721872 pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 3
18731873 Congress), the concurrent resolution on the budget for fis-4
18741874 cal year 2022, and to legislation establishing fiscal year 5
18751875 2024 budget enforcement in the House of Representatives. 6 73
18761876 •S 2443 RS
18771877 TITLE IV 1
18781878 INDEPENDENT AGENCIES 2
18791879 A
18801880 PPALACHIANREGIONALCOMMISSION 3
18811881 For expenses necessary to carry out the programs au-4
18821882 thorized by the Appalachian Regional Development Act of 5
18831883 1965, as amended, notwithstanding 40 U.S.C. 14704, and 6
18841884 for expenses necessary for the Federal Co-Chairman and 7
18851885 the Alternate on the Appalachian Regional Commission, 8
18861886 for payment of the Federal share of the administrative ex-9
18871887 penses of the Commission, including services as authorized 10
18881888 by 5 U.S.C. 3109, and hire of passenger motor vehicles, 11
18891889 $200,000,000, to remain available until expended. 12
18901890 D
18911891 EFENSENUCLEARFACILITIESSAFETYBOARD 13
18921892 SALARIES AND EXPENSES 14
18931893 For expenses necessary for the Defense Nuclear Fa-15
18941894 cilities Safety Board in carrying out activities authorized 16
18951895 by the Atomic Energy Act of 1954, as amended by Public 17
18961896 Law 100–456, section 1441, $42,000,000, to remain 18
18971897 available until September 30, 2025. 19
18981898 D
18991899 ELTAREGIONALAUTHORITY 20
19001900 SALARIES AND EXPENSES 21
19011901 For expenses necessary for the Delta Regional Au-22
19021902 thority and to carry out its activities, as authorized by 23
19031903 the Delta Regional Authority Act of 2000, notwith-24 74
19041904 •S 2443 RS
19051905 standing sections 382F(d), 382M, and 382N of said Act, 1
19061906 $30,100,000, to remain available until expended. 2
19071907 D
19081908 ENALICOMMISSION 3
19091909 For expenses necessary for the Denali Commission 4
19101910 including the purchase, construction, and acquisition of 5
19111911 plant and capital equipment as necessary and other ex-6
19121912 penses, $17,000,000, to remain available until expended, 7
19131913 notwithstanding the limitations contained in section 8
19141914 306(g) of the Denali Commission Act of 1998: Provided, 9
19151915 That notwithstanding the limitations contained in section 10
19161916 307(c) of the Denali Commission Act of 1998, as amend-11
19171917 ed, funds shall be available for construction projects for 12
19181918 which the Denali Commission is the sole or primary fund-13
19191919 ing source in an amount not to exceed 90 percent of total 14
19201920 project cost for distressed communities, as defined by such 15
19211921 section and by section 701 of appendix D, title VII, Public 16
19221922 Law 106–113 (113 Stat. 1501A–280), and for Indian 17
19231923 Tribes, as defined by section 5304(e) of title 25, United 18
19241924 States Code, and in an amount not to exceed 50 percent 19
19251925 for non-distressed communities: Provided further, That 20
19261926 notwithstanding any other provision of law regarding pay-21
19271927 ment of a non-Federal share in connection with a grant- 22
19281928 in-aid program, amounts under this heading shall be avail-23
19291929 able for the payment of such a non-Federal share for any 24
19301930 project for which the Denali Commission is not the sole 25 75
19311931 •S 2443 RS
19321932 or primary funding source, provided that such project is 1
19331933 consistent with the purposes of the Commission. 2
19341934 N
19351935 ORTHERNBORDERREGIONALCOMMISSION 3
19361936 For expenses necessary for the Northern Border Re-4
19371937 gional Commission in carrying out activities authorized by 5
19381938 subtitle V of title 40, United States Code, $41,000,000, 6
19391939 to remain available until expended: Provided, That such 7
19401940 amounts shall be available for administrative expenses, 8
19411941 notwithstanding section 15751(b) of title 40, United 9
19421942 States Code. 10
19431943 S
19441944 OUTHEASTCRESCENTREGIONALCOMMISSION 11
19451945 For expenses necessary for the Southeast Crescent 12
19461946 Regional Commission in carrying out activities authorized 13
19471947 by subtitle V of title 40, United States Code, $20,000,000, 14
19481948 to remain available until expended. 15
19491949 S
19501950 OUTHWESTBORDERREGIONALCOMMISSION 16
19511951 For expenses necessary for the Southwest Border Re-17
19521952 gional Commission in carrying out activities authorized by 18
19531953 subtitle V of title 40, United States Code, $5,000,000, to 19
19541954 remain available until expended. 20
19551955 G
19561956 REATLAKESAUTHORITY 21
19571957 For expenses necessary for the Great Lakes Author-22
19581958 ity in carrying out activities authorized by subtitle V of 23
19591959 title 40, United States Code, $2,500,000, to remain avail-24
19601960 able until expended. 25 76
19611961 •S 2443 RS
19621962 NUCLEARREGULATORYCOMMISSION 1
19631963 SALARIES AND EXPENSES 2
19641964 For expenses necessary for the Commission in car-3
19651965 rying out the purposes of the Energy Reorganization Act 4
19661966 of 1974 and the Atomic Energy Act of 1954, 5
19671967 $941,703,450, including official representation expenses 6
19681968 not to exceed $25,000, to remain available until expended: 7
19691969 Provided, That of the amount appropriated herein, not 8
19701970 more than $9,500,000 may be made available for salaries, 9
19711971 travel, and other support costs for the Office of the Com-10
19721972 mission, to remain available until September 30, 2025: 11
19731973 Provided further, That revenues from licensing fees, in-12
19741974 spection services, and other services and collections esti-13
19751975 mated at $807,727,130 in fiscal year 2024 shall be re-14
19761976 tained and used for necessary salaries and expenses in this 15
19771977 account, notwithstanding 31 U.S.C. 3302, and shall re-16
19781978 main available until expended: Provided further, That the 17
19791979 sum herein appropriated shall be reduced by the amount 18
19801980 of revenues received during fiscal year 2024 so as to result 19
19811981 in a final fiscal year 2024 appropriation estimated at not 20
19821982 more than $133,976,320. 21
19831983 OFFICE OF INSPECTOR GENERAL 22
19841984 For expenses necessary for the Office of Inspector 23
19851985 General in carrying out the provisions of the Inspector 24
19861986 General Act of 1978, $15,769,000, to remain available 25 77
19871987 •S 2443 RS
19881988 until September 30, 2025: Provided, That revenues from 1
19891989 licensing fees, inspection services, and other services and 2
19901990 collections estimated at $12,655,000 in fiscal year 2024 3
19911991 shall be retained and be available until September 30, 4
19921992 2025, for necessary salaries and expenses in this account, 5
19931993 notwithstanding section 3302 of title 31, United States 6
19941994 Code: Provided further, That the sum herein appropriated 7
19951995 shall be reduced by the amount of revenues received dur-8
19961996 ing fiscal year 2024 so as to result in a final fiscal year 9
19971997 2024 appropriation estimated at not more than 10
19981998 $3,114,000: Provided further, That of the amounts appro-11
19991999 priated under this heading, $1,534,900 shall be for In-12
20002000 spector General services for the Defense Nuclear Facilities 13
20012001 Safety Board. 14
20022002 N
20032003 UCLEARWASTETECHNICALREVIEWBOARD 15
20042004 SALARIES AND EXPENSES 16
20052005 For expenses necessary for the Nuclear Waste Tech-17
20062006 nical Review Board, as authorized by Public Law 100– 18
20072007 203, section 5051, $4,064,000, to be derived from the Nu-19
20082008 clear Waste Fund, to remain available until September 30, 20
20092009 2025. 21
20102010 GENERAL PROVISIONS—INDEPENDENT 22
20112011 AGENCIES 23
20122012 S
20132013 EC. 401. The Nuclear Regulatory Commission shall 24
20142014 comply with the July 5, 2011, version of Chapter VI of 25 78
20152015 •S 2443 RS
20162016 its Internal Commission Procedures when responding to 1
20172017 Congressional requests for information, consistent with 2
20182018 Department of Justice guidance for all Federal agencies. 3
20192019 S
20202020 EC. 402. (a) The amounts made available by this 4
20212021 title for the Nuclear Regulatory Commission may be re-5
20222022 programmed for any program, project, or activity, and the 6
20232023 Commission shall notify the Committees on Appropria-7
20242024 tions of both Houses of Congress at least 30 days prior 8
20252025 to the use of any proposed reprogramming that would 9
20262026 cause any program funding level to increase or decrease 10
20272027 by more than $500,000 or 10 percent, whichever is less, 11
20282028 during the time period covered by this Act. 12
20292029 (b)(1) The Nuclear Regulatory Commission may 13
20302030 waive the notification requirement in subsection (a) if 14
20312031 compliance with such requirement would pose a substan-15
20322032 tial risk to human health, the environment, welfare, or na-16
20332033 tional security. 17
20342034 (2) The Nuclear Regulatory Commission shall notify 18
20352035 the Committees on Appropriations of both Houses of Con-19
20362036 gress of any waiver under paragraph (1) as soon as prac-20
20372037 ticable, but not later than 3 days after the date of the 21
20382038 activity to which a requirement or restriction would other-22
20392039 wise have applied. Such notice shall include an explanation 23
20402040 of the substantial risk under paragraph (1) that permitted 24
20412041 such waiver and shall provide a detailed report to the 25 79
20422042 •S 2443 RS
20432043 Committees of such waiver and changes to funding levels 1
20442044 to programs, projects, or activities. 2
20452045 (c) Except as provided in subsections (a), (b), and 3
20462046 (d), the amounts made available by this title for ‘‘Nuclear 4
20472047 Regulatory Commission—Salaries and Expenses’’ shall be 5
20482048 expended as directed in the report accompanying this Act. 6
20492049 (d) None of the funds provided for the Nuclear Regu-7
20502050 latory Commission shall be available for obligation or ex-8
20512051 penditure through a reprogramming of funds that in-9
20522052 creases funds or personnel for any program, project, or 10
20532053 activity for which funds are denied or restricted by this 11
20542054 Act. 12
20552055 (e) The Commission shall provide a monthly report 13
20562056 to the Committees on Appropriations of both Houses of 14
20572057 Congress, which includes the following for each program, 15
20582058 project, or activity, including any prior year appropria-16
20592059 tions— 17
20602060 (1) total budget authority; 18
20612061 (2) total unobligated balances; and 19
20622062 (3) total unliquidated obligations. 20 80
20632063 •S 2443 RS
20642064 TITLE V 1
20652065 GENERAL PROVISIONS 2
20662066 (INCLUDING TRANSFER OF FUNDS) 3
20672067 S
20682068 EC. 501. None of the funds appropriated by this Act 4
20692069 may be used in any way, directly or indirectly, to influence 5
20702070 congressional action on any legislation or appropriation 6
20712071 matters pending before Congress, other than to commu-7
20722072 nicate to Members of Congress as described in 18 U.S.C. 8
20732073 1913. 9
20742074 S
20752075 EC. 502. (a) None of the funds made available in 10
20762076 title III of this Act may be transferred to any department, 11
20772077 agency, or instrumentality of the United States Govern-12
20782078 ment, except pursuant to a transfer made by or transfer 13
20792079 authority provided in this Act or any other appropriations 14
20802080 Act for any fiscal year, transfer authority referenced in 15
20812081 the report accompanying this Act, or any authority where-16
20822082 by a department, agency, or instrumentality of the United 17
20832083 States Government may provide goods or services to an-18
20842084 other department, agency, or instrumentality. 19
20852085 (b) None of the funds made available for any depart-20
20862086 ment, agency, or instrumentality of the United States 21
20872087 Government may be transferred to accounts funded in title 22
20882088 III of this Act, except pursuant to a transfer made by or 23
20892089 transfer authority provided in this Act or any other appro-24
20902090 priations Act for any fiscal year, transfer authority ref-25 81
20912091 •S 2443 RS
20922092 erenced in the report accompanying this Act, or any au-1
20932093 thority whereby a department, agency, or instrumentality 2
20942094 of the United States Government may provide goods or 3
20952095 services to another department, agency, or instrumen-4
20962096 tality. 5
20972097 (c) The head of any relevant department or agency 6
20982098 funded in this Act utilizing any transfer authority shall 7
20992099 submit to the Committees on Appropriations of both 8
21002100 Houses of Congress a semiannual report detailing the 9
21012101 transfer authorities, except for any authority whereby a 10
21022102 department, agency, or instrumentality of the United 11
21032103 States Government may provide goods or services to an-12
21042104 other department, agency, or instrumentality, used in the 13
21052105 previous 6 months and in the year-to-date. This report 14
21062106 shall include the amounts transferred and the purposes 15
21072107 for which they were transferred, and shall not replace or 16
21082108 modify existing notification requirements for each author-17
21092109 ity. 18
21102110 S
21112111 EC. 503. None of the funds made available by this 19
21122112 Act may be used in contravention of Executive Order No. 20
21132113 12898 of February 11, 1994 (Federal Actions to Address 21
21142114 Environmental Justice in Minority Populations and Low- 22
21152115 Income Populations). 23
21162116 S
21172117 EC. 504. (a) None of the funds made available in 24
21182118 this Act may be used to maintain or establish a computer 25 82
21192119 •S 2443 RS
21202120 network unless such network blocks the viewing, 1
21212121 downloading, and exchanging of pornography. 2
21222122 (b) Nothing in subsection (a) shall limit the use of 3
21232123 funds necessary for any Federal, State, Tribal, or local 4
21242124 law enforcement agency or any other entity carrying out 5
21252125 criminal investigations, prosecution, or adjudication activi-6
21262126 ties. 7
21272127 S
21282128 EC. 505. Funds made available in this Act shall be 8
21292129 allocated solely in accordance with the provisions of this 9
21302130 Act and the report accompanying this Act. 10
21312131 S
21322132 EC. 506. Each amount designated in this Act by the 11
21332133 Congress as an emergency requirement pursuant to sec-12
21342134 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-13
21352135 gency Deficit Control Act of 1985 shall be available (or 14
21362136 rescinded, if applicable) only if the President subsequently 15
21372137 so designates all such amounts and transmits such des-16
21382138 ignations to the Congress. 17
21392139 This Act may be cited as the ‘‘Energy and Water De-18
21402140 velopment and Related Agencies Appropriations Act, 19
21412141 2024’’. 20 Calendar No.
21422142 145
21432143 118
21442144 TH
21452145 CONGRESS
21462146 1
21472147 ST
21482148 S
21492149 ESSION
21502150
21512151 S. 2443
21522152 [Report No. 118–72]
21532153 A BILL
21542154 Making appropriations for energy and water devel-
21552155 opment and related agencies for the fiscal year
21562156 ending September 30, 2024, and for other pur-
21572157 poses.
21582158 J
21592159 ULY
21602160 20, 2023
21612161 Read twice and placed on the calendar