Us Congress Senate Bill SB2443 Latest Draft

                            II 
Calendar No. 145 
118THCONGRESS 
1
STSESSION S. 2443 
[Report No. 118–72] 
Making appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2024, and for other purposes. 
IN THE SENATE OF THE UNITED STATES 
JULY20, 2023 
Mrs. F
EINSTEIN, from the Committee on Appropriations, reported the 
following original bill; which was read twice and placed on the calendar 
A BILL 
Making appropriations for energy and water development 
and related agencies for the fiscal year ending September 
30, 2024, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
That the following sums are appropriated, out of any 3
money in the Treasury not otherwise appropriated, for en-4
ergy and water development and related agencies for the 5
fiscal year ending September 30, 2024, and for other pur-6
poses, namely: 7 2 
•S 2443 RS
TITLE I 1
CORPS OF ENGINEERS—CIVIL 2
DEPARTMENT OF THE ARMY 3
C
ORPS OFENGINEERS—CIVIL 4
The following appropriations shall be expended under 5
the direction of the Secretary of the Army and the super-6
vision of the Chief of Engineers for authorized civil func-7
tions of the Department of the Army pertaining to river 8
and harbor, flood and storm damage reduction, shore pro-9
tection, aquatic ecosystem restoration, and related efforts. 10
INVESTIGATIONS 11
For expenses necessary where authorized by law for 12
the collection and study of basic information pertaining 13
to river and harbor, flood and storm damage reduction, 14
shore protection, aquatic ecosystem restoration, and re-15
lated needs; for surveys and detailed studies, and plans 16
and specifications of proposed river and harbor, flood and 17
storm damage reduction, shore protection, and aquatic 18
ecosystem restoration projects, and related efforts prior to 19
construction; for restudy of authorized projects; and for 20
miscellaneous investigations, and, when authorized by law, 21
surveys and detailed studies, and plans and specifications 22
of projects prior to construction, $93,272,000, to remain 23
available until expended: Provided, That the Secretary 24
shall not deviate from the work plan, once the plan has 25 3 
•S 2443 RS
been submitted to the Committees on Appropriations of 1
both Houses of Congress: Provided further, That of the 2
unobligated balances from prior year appropriations avail-3
able under this heading, $10,380,000 is rescinded: Pro-4
vided further, That no amounts may be rescinded from 5
amounts that were designated by the Congress as an 6
emergency requirement pursuant to a concurrent resolu-7
tion on the budget or the Balanced Budget and Emer-8
gency Deficit Control Act of 1985. 9
PLANNING, ENGINEERING, AND DESIGN 10
For expenses necessary for conducting surveys and 11
detailed studies, and plans and specifications, prior to con-12
struction of river and harbor, flood and storm damage re-13
duction, shore protection, aquatic ecosystem restoration, 14
and related projects authorized by law (including those in-15
volving participation by States, local governments, or pri-16
vate groups) or made eligible for selection by law (but such 17
detailed studies, and plans and specifications, shall not 18
constitute a commitment of the Government to construc-19
tion), $47,024,000, to remain available until expended: 20
Provided, That the Secretary shall not deviate from the 21
work plan, once the plan has been submitted to the Com-22
mittees on Appropriations of both Houses of Congress. 23 4 
•S 2443 RS
CONSTRUCTION 1
For expenses necessary for the construction of river 2
and harbor, flood and storm damage reduction, shore pro-3
tection, aquatic ecosystem restoration, and related 4
projects authorized by law; for conducting and completing 5
detailed studies, and plans and specifications, of such 6
projects (including those involving participation by States, 7
local governments, or private groups) authorized or made 8
eligible for selection by law (but such detailed studies, and 9
plans and specifications, shall not constitute a commit-10
ment of the Government to construction); $2,029,345,000, 11
to remain available until expended; of which 12
$124,060,000, to be derived from the Harbor Maintenance 13
Trust Fund, shall be to cover the Federal share of con-14
struction costs for facilities under the Dredged Material 15
Disposal Facilities program; and of which such sums as 16
are necessary to cover 35 percent of the costs of construc-17
tion, replacement, rehabilitation, and expansion of inland 18
waterways projects shall be derived from the Inland Wa-19
terways Trust Fund, except as otherwise specifically pro-20
vided for in law: Provided, That the Secretary shall not 21
deviate from the work plan, once the plan has been sub-22
mitted to the Committees on Appropriations of both 23
Houses of Congress: Provided further, That of the unobli-24
gated balances from prior year appropriations available 25 5 
•S 2443 RS
under this heading, $83,448,000 is rescinded: Provided 1
further, That no amounts may be rescinded from amounts 2
that were designated by the Congress as an emergency re-3
quirement pursuant to a concurrent resolution on the 4
budget or the Balanced Budget and Emergency Deficit 5
Control Act of 1985: Provided further, That of the 6
amounts made available under this heading, $400,000,000 7
is designated by the Congress as being for an emergency 8
requirement pursuant section 251(b)(2)(A)(i) of the Bal-9
anced Budget and Emergency Deficit Control Act of 1985. 10
MISSISSIPPI RIVER AND TRIBUTARIES 11
For expenses necessary for flood damage reduction 12
projects and related efforts in the Mississippi River allu-13
vial valley below Cape Girardeau, Missouri, as authorized 14
by law, $353,145,000, to remain available until expended, 15
of which $16,057,000, to be derived from the Harbor 16
Maintenance Trust Fund, shall be to cover the Federal 17
share of eligible operation and maintenance costs for in-18
land harbors: Provided, That the Secretary shall not devi-19
ate from the work plan, once the plan has been submitted 20
to the Committees on Appropriations of both Houses of 21
Congress: Provided further, That of the unobligated bal-22
ances from prior year appropriations available under this 23
heading, $1,112,000 is rescinded: Provided further, That 24
no amounts may be rescinded from amounts that were 25 6 
•S 2443 RS
designated by the Congress as an emergency requirement 1
pursuant to a concurrent resolution on the budget or the 2
Balanced Budget and Emergency Deficit Control Act of 3
1985. 4
OPERATION AND MAINTENANCE 5
For expenses necessary for the operation, mainte-6
nance, and care of existing river and harbor, flood and 7
storm damage reduction, aquatic ecosystem restoration, 8
and related projects authorized by law; providing security 9
for infrastructure owned or operated by the Corps, includ-10
ing administrative buildings and laboratories; maintaining 11
harbor channels provided by a State, municipality, or 12
other public agency that serve essential navigation needs 13
of general commerce, where authorized by law; surveying 14
and charting northern and northwestern lakes and con-15
necting waters; clearing and straightening channels; and 16
removing obstructions to navigation, $5,531,905,000, to 17
remain available until expended, of which $2,630,829,000, 18
to be derived from the Harbor Maintenance Trust Fund, 19
shall be to cover the Federal share of eligible operations 20
and maintenance costs for coastal harbors and channels, 21
and for inland harbors; of which such sums as become 22
available from the special account for the Corps of Engi-23
neers established by the Land and Water Conservation 24
Fund Act of 1965 shall be derived from that account for 25 7 
•S 2443 RS
resource protection, research, interpretation, and mainte-1
nance activities related to resource protection in the areas 2
at which outdoor recreation is available; of which such 3
sums as become available from fees collected under section 4
217 of Public Law 104–303 shall be used to cover the 5
cost of operation and maintenance of the dredged material 6
disposal facilities for which such fees have been collected; 7
and of which $58,000,000, to be derived from the general 8
fund of the Treasury, shall be to carry out subsection (c) 9
of section 2106 of the Water Resources Reform and Devel-10
opment Act of 2014 (33 U.S.C. 2238c) and shall be des-11
ignated as being for such purpose pursuant to paragraph 12
(2)(B) of section 14003 of division B of the Coronavirus 13
Aid, Relief, and Economic Security Act (Public Law 116– 14
136): Provided, That 1 percent of the total amount of 15
funds provided for each of the programs, projects, or ac-16
tivities funded under this heading shall not be allocated 17
to a field operating activity prior to the beginning of the 18
fourth quarter of the fiscal year and shall be available for 19
use by the Chief of Engineers to fund such emergency ac-20
tivities as the Chief of Engineers determines to be nec-21
essary and appropriate, and that the Chief of Engineers 22
shall allocate during the fourth quarter any remaining 23
funds which have not been used for emergency activities 24
proportionally in accordance with the amounts provided 25 8 
•S 2443 RS
for the programs, projects, or activities: Provided further, 1
That the Secretary shall not deviate from the work plan, 2
once the plan has been submitted to the Committees on 3
Appropriations of both Houses of Congress: Provided fur-4
ther, That of the unobligated balances from prior year ap-5
propriations available under this heading, $2,632,000 is 6
rescinded: Provided further, That no amounts may be re-7
scinded from amounts that were designated by the Con-8
gress as an emergency requirement pursuant to a concur-9
rent resolution on the budget or the Balanced Budget and 10
Emergency Deficit Control Act of 1985: Provided further, 11
That of the amounts made available under this heading, 12
$665,000,000 is designated by the Congress as being for 13
an emergency requirement pursuant section 14
251(b)(2)(A)(i) of the Balanced Budget and Emergency 15
Deficit Control Act of 1985. 16
REGULATORY PROGRAM 17
For expenses necessary for administration of laws 18
pertaining to regulation of navigable waters and wetlands, 19
$221,000,000, to remain available until September 30, 20
2025. 21
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 22
For expenses necessary to clean up contamination 23
from sites in the United States resulting from work per-24 9 
•S 2443 RS
formed as part of the Nation’s early atomic energy pro-1
gram, $400,000,000, to remain available until expended. 2
FLOOD CONTROL AND COASTAL EMERGENCIES 3
For expenses necessary to prepare for flood, hurri-4
cane, and other natural disasters and support emergency 5
operations, repairs, and other activities in response to 6
such disasters as authorized by law, $35,000,000, to re-7
main available until expended. 8
EXPENSES 9
For expenses necessary for the supervision and gen-10
eral administration of the civil works program in the head-11
quarters of the Corps of Engineers and the offices of the 12
Division Engineers; and for costs of management and op-13
eration of the Humphreys Engineer Center Support Activ-14
ity, the Institute for Water Resources, the United States 15
Army Engineer Research and Development Center, and 16
the United States Army Corps of Engineers Finance Cen-17
ter allocable to the civil works program, $212,000,000, to 18
remain available until September 30, 2025, of which not 19
to exceed $5,000 may be used for official reception and 20
representation purposes and only during the current fiscal 21
year: Provided, That no part of any other appropriation 22
provided in this title shall be available to fund the civil 23
works activities of the Office of the Chief of Engineers 24
or the civil works executive direction and management ac-25 10 
•S 2443 RS
tivities of the division offices: Provided further, That any 1
Flood Control and Coastal Emergencies appropriation 2
may be used to fund the supervision and general adminis-3
tration of emergency operations, repairs, and other activi-4
ties in response to any flood, hurricane, or other natural 5
disaster. 6
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 7
FOR CIVIL WORKS 8
For the Office of the Assistant Secretary of the Army 9
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 10
$5,000,000, to remain available until September 30, 2025: 11
Provided, That not more than 75 percent of such amount 12
may be obligated or expended until the Assistant Sec-13
retary submits to the Committees on Appropriations of 14
both Houses of Congress the report required under section 15
101(d) of this Act and a work plan that allocates at least 16
95 percent of the additional funding provided under each 17
heading in the report accompanying this Act, to specific 18
programs, projects, or activities. 19
WATER INFRASTRUCTURE FINANCE AND INNOVATION 20
PROGRAM ACCOUNT 21
For the cost of direct loans and for the cost of guar-22
anteed loans, as authorized by the Water Infrastructure 23
Finance and Innovation Act of 2014, $2,200,000, to re-24
main available until expended, for safety projects to main-25 11 
•S 2443 RS
tain, upgrade, and repair dams identified in the National 1
Inventory of Dams with a primary owner type of state, 2
local government, public utility, or private: Provided, That 3
no project may be funded with amounts provided under 4
this heading for a dam that is identified as jointly owned 5
in the National Inventory of Dams and where one of those 6
joint owners is the Federal Government: Provided further, 7
That amounts made available under this heading in this 8
Act shall also be available for projects to construct, main-9
tain, upgrade, and repair levees and ancillary features 10
with a primary owner type of state, municipal, county, pri-11
vate, or other non-Federal entity: Provided further, That 12
no project may be funded with amounts provided under 13
this heading for a levee unless the Secretary has certified 14
in advance, in writing, that the levee is not owned, in 15
whole or in part, by the Federal Government: Provided 16
further, That such costs, including the cost of modifying 17
such loans, shall be as defined in section 502 of the Con-18
gressional Budget Act of 1974: Provided further, That 19
these funds are available to subsidize gross obligations for 20
the principal amount of direct loans, including capitalized 21
interest, and total loan principal, including capitalized in-22
terest, any part of which is to be guaranteed, not to exceed 23
$440,000,000: Provided further, That the use of direct 24
loans or loan guarantee authority under this heading for 25 12 
•S 2443 RS
direct loans or commitments to guarantee loans for any 1
project shall be in accordance with the criteria published 2
in the Federal Register on June 30, 2020 (85 FR 39189) 3
pursuant to the fourth proviso under the heading ‘‘Water 4
Infrastructure Finance and Innovation Program Account’’ 5
in division D of the Further Consolidated Appropriations 6
Act, 2020 (Public Law 116–94): Provided further, That 7
none of the direct loans or loan guarantee authority made 8
available under this heading shall be available for any 9
project unless the Secretary and the Director of the Office 10
of Management and Budget have certified in advance in 11
writing that the direct loan or loan guarantee, as applica-12
ble, and the project comply with the criteria referenced 13
in the previous proviso: Provided further, That any ref-14
erences to the Environmental Protection Agency (EPA) 15
or the Administrator in the criteria referenced in the pre-16
vious two provisos shall be deemed to be references to the 17
Army Corps of Engineers or the Secretary of the Army, 18
respectively, for purposes of the direct loans or loan guar-19
antee authority made available under this heading: Pro-20
vided further, That for the purposes of carrying out the 21
Congressional Budget Act of 1974, the Director of the 22
Congressional Budget Office may request, and the Sec-23
retary shall promptly provide, documentation and informa-24
tion relating to a project identified in a Letter of Interest 25 13 
•S 2443 RS
submitted to the Secretary pursuant to a Notice of Fund-1
ing Availability for applications for credit assistance under 2
the Water Infrastructure Finance and Innovation Act Pro-3
gram, including with respect to a project that was initiated 4
or completed before the date of enactment of this Act. In 5
addition, fees authorized to be collected pursuant to sec-6
tions 5029 and 5030 of the Water Infrastructure Finance 7
and Innovation Act of 2014 shall be deposited in this ac-8
count, to remain available until expended. In addition, for 9
administrative expenses to carry out the direct and guar-10
anteed loan programs, notwithstanding section 5033 of 11
the Water Infrastructure Finance and Innovation Act of 12
2014, $5,000,000, to remain available until September 30, 13
2025. 14
GENERAL PROVISIONS—CORPS OF 15
ENGINEERS—CIVIL 16
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 17
S
EC. 101. (a) None of the funds provided in title I 18
of this Act, or provided by previous appropriations Acts 19
to the agencies or entities funded in title I of this Act 20
that remain available for obligation or expenditure in fiscal 21
year 2024, shall be available for obligation or expenditure 22
through a reprogramming of funds that: 23
(1) creates or initiates a new program, project, 24
or activity; 25 14 
•S 2443 RS
(2) eliminates a program, project, or activity; 1
(3) increases funds or personnel for any pro-2
gram, project, or activity for which funds have been 3
denied or restricted by this Act, unless prior ap-4
proval is received from the Committees on Appro-5
priations of both Houses of Congress; 6
(4) proposes to use funds directed for a specific 7
activity for a different purpose, unless prior approval 8
is received from the Committees on Appropriations 9
of both Houses of Congress; 10
(5) augments or reduces existing programs, 11
projects, or activities in excess of the amounts con-12
tained in paragraphs (6) through (11), unless prior 13
approval is received from the Committees on Appro-14
priations of both Houses of Congress; 15
(6) I
NVESTIGATIONS.—For a base level over 16
$100,000, reprogramming of 25 percent of the base 17
amount up to a limit of $150,000 per project, study 18
or activity is allowed: Provided, That for a base level 19
less than $100,000, the reprogramming limit is 20
$25,000: Provided further, That up to $25,000 may 21
be reprogrammed into any continuing study or activ-22
ity that did not receive an appropriation for existing 23
obligations and concomitant administrative expenses; 24 15 
•S 2443 RS
(7) PLANNING, ENGINEERING, AND DESIGN.— 1
For a base level over $2,000,000, reprogramming of 2
15 percent of the base amount up to a limit of 3
$3,000,000 per project, study or activity is allowed: 4
Provided, That for a base level less than $2,000,000, 5
the reprogramming limit is $300,000: Provided fur-6
ther, That up to $300,000 may be reprogrammed 7
into any continuing study or activity that did not re-8
ceive an appropriation for existing obligations and 9
concomitant administrative expenses; 10
(8) C
ONSTRUCTION.—For a base level over 11
$2,000,000, reprogramming of 15 percent of the 12
base amount up to a limit of $3,000,000 per project, 13
study or activity is allowed: Provided, That for a 14
base level less than $2,000,000, the reprogramming 15
limit is $300,000: Provided further, That up to 16
$3,000,000 may be reprogrammed for settled con-17
tractor claims, changed conditions, or real estate de-18
ficiency judgments: Provided further, That up to 19
$300,000 may be reprogrammed into any continuing 20
study or activity that did not receive an appropria-21
tion for existing obligations and concomitant admin-22
istrative expenses; 23
(9) O
PERATION AND MAINTENANCE .—Unlim-24
ited reprogramming authority is granted for the 25 16 
•S 2443 RS
Corps to be able to respond to emergencies: Pro-1
vided, That the Chief of Engineers shall notify the 2
Committees on Appropriations of both Houses of 3
Congress of these emergency actions as soon there-4
after as practicable: Provided further, That for a 5
base level over $1,000,000, reprogramming of 15 6
percent of the base amount up to a limit of 7
$5,000,000 per project, study, or activity is allowed: 8
Provided further, That for a base level less than 9
$1,000,000, the reprogramming limit is $150,000: 10
Provided further, That $150,000 may be repro-11
grammed into any continuing study or activity that 12
did not receive an appropriation; 13
(10) M
ISSISSIPPI RIVER AND TRIBUTARIES .— 14
The reprogramming guidelines in paragraphs (6), 15
(8), and (9) shall apply to the Investigations, Con-16
struction, and Operation and Maintenance portions 17
of the Mississippi River and Tributaries Account, re-18
spectively; and 19
(11) F
ORMERLY UTILIZED SITES REMEDIAL AC -20
TION PROGRAM.—Reprogramming of up to 15 per-21
cent of the base of the receiving project is permitted. 22
(b) D
EMINIMUSREPROGRAMMINGS.—In no case 23
should a reprogramming for less than $50,000 be sub-24 17 
•S 2443 RS
mitted to the Committees on Appropriations of both 1
Houses of Congress. 2
(c) C
ONTINUINGAUTHORITIESPROGRAM.—Sub-3
section (a)(1) shall not apply to any project or activity 4
funded under the continuing authorities program. 5
(d) Not later than 60 days after the date of enact-6
ment of this Act, the Secretary shall submit a report to 7
the Committees on Appropriations of both Houses of Con-8
gress to establish the baseline for application of re-9
programming and transfer authorities for the current fis-10
cal year which shall include: 11
(1) A table for each appropriation with a sepa-12
rate column to display the President’s budget re-13
quest, adjustments made by Congress, adjustments 14
due to enacted rescissions, if applicable, and the fis-15
cal year enacted level; 16
(2) A delineation in the table for each appro-17
priation both by object class and program, project 18
and activity as detailed in the budget appendix for 19
the respective appropriations; and 20
(3) An identification of items of special congres-21
sional interest. 22
S
EC. 102. None of the funds made available in this 23
title may be used to award or modify any contract that 24
commits funds beyond the amounts appropriated for that 25 18 
•S 2443 RS
program, project, or activity that remain unobligated, ex-1
cept that such amounts may include any funds that have 2
been made available through reprogramming pursuant to 3
section 101. 4
S
EC. 103. The Secretary of the Army may transfer 5
to the Fish and Wildlife Service, and the Fish and Wildlife 6
Service may accept and expend, up to $8,200,000 of funds 7
provided in this title under the heading ‘‘Operation and 8
Maintenance’’ to mitigate for fisheries lost due to Corps 9
of Engineers projects. 10
S
EC. 104. None of the funds in this Act shall be used 11
for an open lake placement alternative for dredged mate-12
rial, after evaluating the least costly, environmentally ac-13
ceptable manner for the disposal or management of 14
dredged material originating from Lake Erie or tributaries 15
thereto, unless it is approved under a State water quality 16
certification pursuant to section 401 of the Federal Water 17
Pollution Control Act (33 U.S.C. 1341): Provided, That 18
until an open lake placement alternative for dredged mate-19
rial is approved under a State water quality certification, 20
the Corps of Engineers shall continue upland placement 21
of such dredged material consistent with the requirements 22
of section 101 of the Water Resources Development Act 23
of 1986 (33 U.S.C. 2211). 24 19 
•S 2443 RS
SEC. 105. Additional funding provided in this Act 1
shall be allocated only to projects determined to be eligible 2
by the Chief of Engineers. 3
S
EC. 106. Of the unobligated balances from prior 4
year appropriations made available to ‘‘Corps of Engi-5
neers—Civil’’, the following funds are hereby permanently 6
cancelled from the following accounts and programs in the 7
specified amounts— 8
(1) $371,293.38 from the unobligated balances 9
under the heading ‘‘Construction’’ in chapter 3 of 10
title I of division B of Public Law 109–148; 11
(2) $562,613.89 from the unobligated balances 12
under the heading ‘‘Operation and Maintenance’’ in 13
chapter 3 of title I of division B of Public Law 109– 14
148 that were provided for the Mississippi River- 15
Gulf Outlet channel; 16
(3) $38,873.32 from the unobligated balances 17
under the heading ‘‘Construction’’ in chapter 3 of 18
title II of Public Law 109–234 that were provided 19
for the Lake Pontchartrain and Vicinity project, the 20
North Padre Island, Texas project, the Sacramento, 21
California, Area project, and the Hawaii Water Sys-22
tems Technical Assistance Program; 23
(4) $95.55 from the combined unobligated bal-24
ances under the ‘‘Construction’’ headings in chapter 25 20 
•S 2443 RS
3 of title IV and chapter 3 of title V of Public Law 1
110–28; 2
(5) $83,734.13 from the unobligated balances 3
under the heading ‘‘Construction’’ in chapter 3 of 4
title III of Public Law 110–252 including amounts 5
that were provided for the Lake Pontchartrain and 6
Vicinity project, the West Bank and Vicinity project, 7
and the Southeast Louisiana Urban Drainage 8
project; 9
(6) $2,122.56 from the unobligated balances 10
under the heading ‘‘Operation and Maintenance’’ in 11
chapter 3 of title III of Public Law 110–252; 12
(7) $10.72 from the unobligated balances under 13
the heading ‘‘Mississippi River and Tributaries’’ in 14
chapter 3 of title III of Public Law 110–252; 15
(8) $274,678.03 from the unobligated balances 16
under the heading ‘‘Construction’’ in chapter 3 of 17
title I of division B of Public Law 110–329 that 18
were provided for the Lake Pontchartrain and Vicin-19
ity project, the West Bank and Vicinity project, and 20
the Southeast Louisiana Urban Drainage project; 21
(9) $267,434.81 from the unobligated balances 22
under the heading ‘‘Operation and Maintenance’’ in 23
chapter 3 of title I of division B of Public Law 110– 24
329; 25 21 
•S 2443 RS
(10) $0.02 from the unobligated balances under 1
the heading ‘‘Operation and Maintenance’’ in title 2
IV of Public Law 111–32; 3
(11) $246,869.24 from the unobligated bal-4
ances under the heading ‘‘Operation and Mainte-5
nance’’ in chapter 4 of title I of Public Law 111– 6
212; and 7
(12) $2,643,142.04 from the unobligated bal-8
ances under the heading ‘‘Operation and Mainte-9
nance’’ in title I of Public Law 112–77. 10 22 
•S 2443 RS
TITLE II 1
DEPARTMENT OF THE INTERIOR 2
C
ENTRALUTAHPROJECT 3
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 4
For carrying out activities authorized by the Central 5
Utah Project Completion Act, $19,556,000, to remain 6
available until expended, of which $4,650,000 shall be de-7
posited into the Utah Reclamation Mitigation and Con-8
servation Account for use by the Utah Reclamation Miti-9
gation and Conservation Commission: Provided, That of 10
the amount provided under this heading, $1,750,000 shall 11
be available until September 30, 2025, for expenses nec-12
essary in carrying out related responsibilities of the Sec-13
retary of the Interior: Provided further, That for fiscal 14
year 2024, of the amount made available to the Commis-15
sion under this Act or any other Act, the Commission may 16
use an amount not to exceed $1,990,000 for administra-17
tive expenses. 18
BUREAU OF RECLAMATION 19
The following appropriations shall be expended to 20
execute authorized functions of the Bureau of Reclama-21
tion: 22 23 
•S 2443 RS
WATER AND RELATED RESOURCES 1
(INCLUDING TRANSFERS OF FUNDS) 2
For management, development, and restoration of 3
water and related natural resources and for related activi-4
ties, including the operation, maintenance, and rehabilita-5
tion of reclamation and other facilities, participation in 6
fulfilling related Federal responsibilities to Native Ameri-7
cans, and related grants to, and cooperative and other 8
agreements with, State and local governments, federally 9
recognized Indian Tribes, and others, $1,773,497,000, to 10
remain available until expended, of which $1,051,000 shall 11
be available for transfer to the Upper Colorado River 12
Basin Fund and $7,584,000 shall be available for transfer 13
to the Lower Colorado River Basin Development Fund; 14
of which such amounts as may be necessary may be ad-15
vanced to the Colorado River Dam Fund: Provided, That 16
$500,000 shall be available for transfer into the Aging In-17
frastructure Account established by section 9603(d)(1) of 18
the Omnibus Public Land Management Act of 2009, as 19
amended (43 U.S.C. 510b(d)(1)): Provided further, That 20
such transfers, except for the transfer authorized by the 21
preceding proviso, may be increased or decreased within 22
the overall appropriation under this heading: Provided fur-23
ther, That of the total appropriated, the amount for pro-24
gram activities that can be financed by the Reclamation 25 24 
•S 2443 RS
Fund, the Water Storage Enhancement Receipts account 1
established by section 4011(e) of Public Law 114–322, or 2
the Bureau of Reclamation special fee account established 3
by 16 U.S.C. 6806 shall be derived from that Fund or 4
account: Provided further, That funds contributed under 5
43 U.S.C. 395 are available until expended for the pur-6
poses for which the funds were contributed: Provided fur-7
ther, That funds advanced under 43 U.S.C. 397a shall be 8
credited to this account and are available until expended 9
for the same purposes as the sums appropriated under this 10
heading: Provided further, That of the amounts made 11
available under this heading, $5,000,000 shall be depos-12
ited in the San Gabriel Basin Restoration Fund estab-13
lished by section 110 of title I of division B of appendix 14
D of Public Law 106–554: Provided further, That of the 15
amounts provided herein, funds may be used for high-pri-16
ority projects which shall be carried out by the Youth Con-17
servation Corps, as authorized by 16 U.S.C. 1706: Pro-18
vided further, That within available funds, $250,000 shall 19
be for grants and financial assistance for educational ac-20
tivities. 21
CENTRAL VALLEY PROJECT RESTORATION FUND 22
For carrying out the programs, projects, plans, habi-23
tat restoration, improvement, and acquisition provisions of 24
the Central Valley Project Improvement Act, such sums 25 25 
•S 2443 RS
as may be collected in fiscal year 2024 in the Central Val-1
ley Project Restoration Fund pursuant to sections 2
3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 3
to remain available until expended: Provided, That the Bu-4
reau of Reclamation is directed to assess and collect the 5
full amount of the additional mitigation and restoration 6
payments authorized by section 3407(d) of Public Law 7
102–575: Provided further, That none of the funds made 8
available under this heading may be used for the acquisi-9
tion or leasing of water for in-stream purposes if the water 10
is already committed to in-stream purposes by a court 11
adopted decree or order. 12
CALIFORNIA BAY-DELTA RESTORATION 13
(INCLUDING TRANSFERS OF FUNDS) 14
For carrying out activities authorized by the Water 15
Supply, Reliability, and Environmental Improvement Act, 16
consistent with plans to be approved by the Secretary of 17
the Interior, $33,000,000, to remain available until ex-18
pended, of which such amounts as may be necessary to 19
carry out such activities may be transferred to appropriate 20
accounts of other participating Federal agencies to carry 21
out authorized purposes: Provided, That funds appro-22
priated herein may be used for the Federal share of the 23
costs of CALFED Program management: Provided fur-24
ther, That CALFED implementation shall be carried out 25 26 
•S 2443 RS
in a balanced manner with clear performance measures 1
demonstrating concurrent progress in achieving the goals 2
and objectives of the Program. 3
POLICY AND ADMINISTRATION 4
For expenses necessary for policy, administration, 5
and related functions in the Office of the Commissioner, 6
the Denver office, and offices in the six regions of the Bu-7
reau of Reclamation, to remain available until September 8
30, 2025, $66,794,000, to be derived from the Reclama-9
tion Fund and be nonreimbursable as provided in 43 10
U.S.C. 377: Provided, That no part of any other appro-11
priation in this Act shall be available for activities or func-12
tions budgeted as policy and administration expenses. 13
ADMINISTRATIVE PROVISION 14
Appropriations for the Bureau of Reclamation shall 15
be available for purchase and replacement of motor vehi-16
cles. 17
GENERAL PROVISIONS—DEPARTMENT OF THE 18
INTERIOR 19
S
EC. 201. (a) None of the funds provided in title II 20
of this Act for Water and Related Resources, or provided 21
by previous or subsequent appropriations Acts to the agen-22
cies or entities funded in title II of this Act for Water 23
and Related Resources that remain available for obligation 24
or expenditure in fiscal year 2024, shall be available for 25 27 
•S 2443 RS
obligation or expenditure through a reprogramming of 1
funds that— 2
(1) initiates or creates a new program, project, 3
or activity; 4
(2) eliminates a program, project, or activity; 5
(3) increases funds for any program, project, or 6
activity for which funds have been denied or re-7
stricted by this Act, unless prior approval is received 8
from the Committees on Appropriations of both 9
Houses of Congress; 10
(4) restarts or resumes any program, project or 11
activity for which funds are not provided in this Act, 12
unless prior approval is received from the Commit-13
tees on Appropriations of both Houses of Congress; 14
(5) transfers funds in excess of the following 15
limits, unless prior approval is received from the 16
Committees on Appropriations of both Houses of 17
Congress: 18
(A) 15 percent for any program, project or 19
activity for which $2,000,000 or more is avail-20
able at the beginning of the fiscal year; or 21
(B) $400,000 for any program, project or 22
activity for which less than $2,000,000 is avail-23
able at the beginning of the fiscal year; 24 28 
•S 2443 RS
(6) transfers more than $500,000 from either 1
the Facilities Operation, Maintenance, and Rehabili-2
tation category or the Resources Management and 3
Development category to any program, project, or 4
activity in the other category, unless prior approval 5
is received from the Committees on Appropriations 6
of both Houses of Congress; or 7
(7) transfers, where necessary to discharge legal 8
obligations of the Bureau of Reclamation, more than 9
$5,000,000 to provide adequate funds for settled 10
contractor claims, increased contractor earnings due 11
to accelerated rates of operations, and real estate de-12
ficiency judgments, unless prior approval is received 13
from the Committees on Appropriations of both 14
Houses of Congress. 15
(b) Subsection (a)(5) shall not apply to any transfer 16
of funds within the Facilities Operation, Maintenance, and 17
Rehabilitation category. 18
(c) For purposes of this section, the term ‘‘transfer’’ 19
means any movement of funds into or out of a program, 20
project, or activity. 21
(d) Except as provided in subsections (a) and (b), the 22
amounts made available in this title under the heading 23
‘‘Bureau of Reclamation—Water and Related Resources’’ 24
shall be expended for the programs, projects, and activities 25 29 
•S 2443 RS
specified in the ‘‘Committee Recommendation’’ columns in 1
the ‘‘Water and Related Resources’’ table included under 2
the heading ‘‘Title II—Department of the Interior’’ in the 3
report accompanying this Act. 4
(e) The Bureau of Reclamation shall submit reports 5
on a quarterly basis to the Committees on Appropriations 6
of both Houses of Congress detailing all the funds repro-7
grammed between programs, projects, activities, or cat-8
egories of funding. The first quarterly report shall be sub-9
mitted not later than 60 days after the date of enactment 10
of this Act. 11
S
EC. 202. (a) None of the funds appropriated or oth-12
erwise made available by this Act may be used to deter-13
mine the final point of discharge for the interceptor drain 14
for the San Luis Unit until development by the Secretary 15
of the Interior and the State of California of a plan, which 16
shall conform to the water quality standards of the State 17
of California as approved by the Administrator of the En-18
vironmental Protection Agency, to minimize any detri-19
mental effect of the San Luis drainage waters. 20
(b) The costs of the Kesterson Reservoir Cleanup 21
Program and the costs of the San Joaquin Valley Drain-22
age Program shall be classified by the Secretary of the 23
Interior as reimbursable or nonreimbursable and collected 24
until fully repaid pursuant to the ‘‘Cleanup Program— 25 30 
•S 2443 RS
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-1
native Repayment Plan’’ described in the report entitled 2
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-3
gram and San Joaquin Valley Drainage Program, Feb-4
ruary 1995’’, prepared by the Department of the Interior, 5
Bureau of Reclamation. Any future obligations of funds 6
by the United States relating to, or providing for, drainage 7
service or drainage studies for the San Luis Unit shall 8
be fully reimbursable by San Luis Unit beneficiaries of 9
such service or studies pursuant to Federal reclamation 10
law. 11
S
EC. 203. Section 9504(e) of the Omnibus Public 12
Land Management Act of 2009 (42 U.S.C. 10364(e)) is 13
amended by striking ‘‘$820,000,000’’ and inserting 14
‘‘$920,000,000’’. 15
S
EC. 204. (a) Title I of Public Law 108–361 (the 16
Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as 17
amended by section 204 of division D of Public Law 117– 18
103, shall be applied by substituting ‘‘2024’’ for ‘‘2023’’ 19
each place it appears. 20
(b) Section 103(f)(4)(A) of Public Law 108–361 (the 21
Calfed Bay-Delta Authorization Act) is amended by strik-22
ing ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’. 23 31 
•S 2443 RS
SEC. 205. Section 9106(g)(2) of Public Law 111–11 1
(Omnibus Public Land Management Act of 2009) shall 2
be applied by substituting ‘‘2024’’ for ‘‘2023’’. 3
S
EC. 206. (a) Section 104(c) of the Reclamation 4
States Emergency Drought Relief Act of 1991 (43 U.S.C. 5
2214(c)) shall be applied by substituting ‘‘2024’’ for 6
‘‘2023’’. 7
(b) Section 301 of the Reclamation States Emergency 8
Drought Relief Act of 1991 (43 U.S.C. 2241) shall be ap-9
plied by substituting ‘‘2024’’ for ‘‘2023’’ and by sub-10
stituting ‘‘$130,000,000’’ for ‘‘$120,000,000’’. 11
S
EC. 207. None of the funds provided in this Act may 12
be used for the Shasta Dam and Reservoir Enlargement 13
Project. 14
S
EC. 208. Section 9503(f) of the Omnibus Public 15
Land Management Act of 2009 (42 U.S.C. 10363(f)) shall 16
be applied by substituting ‘‘2024’’ for ‘‘2023’’. 17 32 
•S 2443 RS
TITLE III 1
DEPARTMENT OF ENERGY 2
ENERGY PROGRAMS 3
I
NDUSTRIALEMISSIONS ANDTECHNOLOGY 4
C
OORDINATION 5
For Department of Energy expenses necessary for 6
carrying out the activities and coordination of clean indus-7
trial research, development, demonstration, and deploy-8
ment, and coordination of energy and technology pro-9
grams, $3,500,000, to remain available until expended. 10
E
NERGYEFFICIENCY ANDRENEWABLEENERGY 11
For Department of Energy expenses including the 12
purchase, construction, and acquisition of plant and cap-13
ital equipment, and other expenses necessary for energy 14
efficiency and renewable energy activities in carrying out 15
the purposes of the Department of Energy Organization 16
Act (42 U.S.C. 7101 et seq.), including the acquisition or 17
condemnation of any real property or any facility or for 18
plant or facility acquisition, construction, or expansion, 19
$3,686,749,000, to remain available until expended: Pro-20
vided, That of such amount, $243,000,000 shall be avail-21
able until September 30, 2025, for program direction. 22 33 
•S 2443 RS
CYBERSECURITY, ENERGYSECURITY, ANDEMERGENCY 1
R
ESPONSE 2
For Department of Energy expenses including the 3
purchase, construction, and acquisition of plant and cap-4
ital equipment, and other expenses necessary for energy 5
sector cybersecurity, energy security, and emergency re-6
sponse activities in carrying out the purposes of the De-7
partment of Energy Organization Act (42 U.S.C. 7101 et 8
seq.), including the acquisition or condemnation of any 9
real property or any facility or for plant or facility acquisi-10
tion, construction, or expansion, $200,000,000, to remain 11
available until expended: Provided, That of such amount, 12
$25,000,000 shall be available until September 30, 2025, 13
for program direction. 14
E
LECTRICITY 15
For Department of Energy expenses including the 16
purchase, construction, and acquisition of plant and cap-17
ital equipment, and other expenses necessary for elec-18
tricity activities in carrying out the purposes of the De-19
partment of Energy Organization Act (42 U.S.C. 7101 et 20
seq.), including the acquisition or condemnation of any 21
real property or any facility or for plant or facility acquisi-22
tion, construction, or expansion, $290,000,000, to remain 23
available until expended: Provided, That of such amount, 24
$18,000,000 shall be available until September 30, 2025, 25 34 
•S 2443 RS
for program direction: Provided further, That funds under 1
this heading allocated for the purposes of section 9 of the 2
Small Business Act, as amended (15 U.S.C. 638), includ-3
ing for Small Business Innovation Research and Small 4
Business Technology Transfer activities, or for the pur-5
poses of section 1001 of the Energy Policy Act of 2005, 6
as amended (42 U.S.C. 16391(a)), for Technology Com-7
mercialization Fund activities, may be reprogrammed 8
without being subject to the restrictions in section 301 of 9
this Act. 10
G
RIDDEPLOYMENT 11
For Department of Energy expenses including the 12
purchase, construction, and acquisition of plant and cap-13
ital equipment, and other expenses necessary for grid de-14
ployment in carrying out the purposes of the Department 15
of Energy Organization Act (42 U.S.C. 7191 et seq.), in-16
cluding the acquisition or condemnation of any real prop-17
erty or any facility or for plant or facility acquisition, con-18
struction, or expansion, $60,000,000, to remain available 19
until expended: Provided, That of such amount, 20
$6,000,000 shall be available until September 30, 2025, 21
for program direction: Provided further, That amounts 22
provided under this heading may be used to carry out ac-23
tivities, including financial assistance, procurement, tech-24
nical assistance, and workforce support, to enhance the 25 35 
•S 2443 RS
domestic supply chain for the manufacture of trans-1
formers and electric grid components, including key mate-2
rials and components thereof. 3
N
UCLEARENERGY 4
For Department of Energy expenses including the 5
purchase, construction, and acquisition of plant and cap-6
ital equipment, and other expenses necessary for nuclear 7
energy activities in carrying out the purposes of the De-8
partment of Energy Organization Act (42 U.S.C. 7101 et 9
seq.), including the acquisition or condemnation of any 10
real property or any facility or for plant or facility acquisi-11
tion, construction, or expansion, $1,550,887,000, to re-12
main available until expended: Provided, That of such 13
amount, $85,500,000 shall be available until September 14
30, 2025, for program direction: Provided further, That 15
for the purpose of section 954(a)(6) of the Energy Policy 16
Act of 2005, as amended, the only amount available shall 17
be from the amount specified as including that purpose 18
in the ‘‘Committee Recommendation’’ column in the ‘‘De-19
partment of Energy’’ table included under the heading 20
‘‘Title III—Department of Energy’’ in the report accom-21
panying this Act: Provided further, That of the amounts 22
made available under this heading, $300,000,000 is des-23
ignated by the Congress as being for an emergency re-24 36 
•S 2443 RS
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-1
anced Budget and Emergency Deficit Control Act of 1985. 2
F
OSSILENERGY ANDCARBONMANAGEMENT 3
For Department of Energy expenses necessary in car-4
rying out fossil energy and carbon management research 5
and development activities, under the authority of the De-6
partment of Energy Organization Act (42 U.S.C. 7101 et 7
seq.), including the acquisition of interest, including defea-8
sible and equitable interests in any real property or any 9
facility or for plant or facility acquisition or expansion, 10
and for conducting inquiries, technological investigations 11
and research concerning the extraction, processing, use, 12
and disposal of mineral substances without objectionable 13
social and environmental costs (30 U.S.C. 3, 1602, and 14
1603), $892,000,000, to remain available until expended: 15
Provided, That of such amount $79,000,000 shall be avail-16
able until September 30, 2025, for program direction. 17
E
NERGYPROJECTS 18
For Department of Energy expenses necessary in car-19
rying out community project funding activities, under the 20
authority of the Department of Energy Organization Act 21
(42 U.S.C. 7101 et seq.), $87,896,000, to remain available 22
until expended, for projects specified in the table that ap-23
pears under the heading ‘‘Congressionally Directed Spend-24 37 
•S 2443 RS
ing of Energy Projects’’ in the report accompanying this 1
Act. 2
N
AVALPETROLEUM AND OILSHALERESERVES 3
For Department of Energy expenses necessary to 4
carry out naval petroleum and oil shale reserve activities, 5
$13,010,000, to remain available until expended: Pro-6
vided, That notwithstanding any other provision of law, 7
unobligated funds remaining from prior years shall be 8
available for all naval petroleum and oil shale reserve ac-9
tivities. 10
S
TRATEGICPETROLEUMRESERVE 11
For Department of Energy expenses necessary for 12
Strategic Petroleum Reserve facility development and op-13
erations and program management activities pursuant to 14
the Energy Policy and Conservation Act (42 U.S.C. 6201 15
et seq.), $214,908,000, to remain available until expended: 16
Provided, That notwithstanding sections 161 and 167 of 17
the Energy Policy and Conservation Act (42 U.S.C. 6241, 18
6247), the Secretary of Energy shall draw down and sell 19
one million barrels of refined petroleum product from the 20
Strategic Petroleum Reserve during fiscal year 2024: Pro-21
vided further, That all proceeds from such sale shall be 22
deposited into the general fund of the Treasury during fis-23
cal year 2024: Provided further, That upon the completion 24 38 
•S 2443 RS
of such sale, the Secretary shall carry out the closure of 1
the Northeast Gasoline Supply Reserve. 2
SPR P
ETROLEUMACCOUNT 3
For the acquisition, transportation, and injection of 4
petroleum products, and for other necessary expenses pur-5
suant to the Energy Policy and Conservation Act of 1975, 6
as amended (42 U.S.C. 6201 et seq.), sections 403 and 7
404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 8
6241, 6239 note), section 32204 of the Fixing America’s 9
Surface Transportation Act (42 U.S.C. 6241 note), and 10
section 30204 of the Bipartisan Budget Act of 2018 (42 11
U.S.C. 6241 note), $100,000, to remain available until ex-12
pended: Provided, That of the unobligated balances from 13
amounts deposited under this heading pursuant to section 14
167(b)(3) of the Energy Policy and Conservation Act (42 15
U.S.C. 6247(b)(3)), $401,000,000 is hereby permanently 16
rescinded not later than September 30, 2024. 17
N
ORTHEASTHOMEHEATINGOILRESERVE 18
For Department of Energy expenses necessary for 19
Northeast Home Heating Oil Reserve storage, operation, 20
and management activities pursuant to the Energy Policy 21
and Conservation Act (42 U.S.C. 6201 et seq.), 22
$7,150,000, to remain available until expended. 23 39 
•S 2443 RS
ENERGYINFORMATIONADMINISTRATION 1
For Department of Energy expenses necessary in car-2
rying out the activities of the Energy Information Admin-3
istration, $135,000,000, to remain available until ex-4
pended. 5
N
ON-DEFENSEENVIRONMENTAL CLEANUP 6
For Department of Energy expenses, including the 7
purchase, construction, and acquisition of plant and cap-8
ital equipment and other expenses necessary for non-de-9
fense environmental cleanup activities in carrying out the 10
purposes of the Department of Energy Organization Act 11
(42 U.S.C. 7101 et seq.), including the acquisition or con-12
demnation of any real property or any facility or for plant 13
or facility acquisition, construction, or expansion, 14
$354,000,000, to remain available until expended: Pro-15
vided, That in addition, fees collected pursuant to sub-16
section (b)(1) of section 6939f of title 42, United States 17
Code, and deposited under this heading in fiscal year 2024 18
pursuant to section 309 of title III of division C of Public 19
Law 116–94 are appropriated, to remain available until 20
expended, for mercury storage costs. 21
U
RANIUMENRICHMENTDECONTAMINATION AND 22
D
ECOMMISSIONINGFUND 23
For Department of Energy expenses necessary in car-24
rying out uranium enrichment facility decontamination 25 40 
•S 2443 RS
and decommissioning, remedial actions, and other activi-1
ties of title II of the Atomic Energy Act of 1954, and 2
title X, subtitle A, of the Energy Policy Act of 1992, 3
$862,000,000, to be derived from the Uranium Enrich-4
ment Decontamination and Decommissioning Fund, to re-5
main available until expended, of which $6,792,000 shall 6
be available in accordance with title X, subtitle A, of the 7
Energy Policy Act of 1992. 8
S
CIENCE 9
For Department of Energy expenses including the 10
purchase, construction, and acquisition of plant and cap-11
ital equipment, and other expenses necessary for science 12
activities in carrying out the purposes of the Department 13
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-14
cluding the acquisition or condemnation of any real prop-15
erty or any facility or for plant or facility acquisition, con-16
struction, or expansion, and purchase of not more than 17
35 passenger motor vehicles, $8,430,000,000, to remain 18
available until expended: Provided, That of such amount, 19
$236,700,000 shall be available until September 30, 2025, 20
for program direction. 21
N
UCLEARWASTEDISPOSAL 22
For Department of Energy expenses necessary for 23
nuclear waste disposal activities to carry out the purposes 24
of the Nuclear Waste Policy Act of 1982, Public Law 97– 25 41 
•S 2443 RS
425, as amended, $12,040,000, to remain available until 1
expended and to be derived from the Nuclear Waste Fund. 2
T
ECHNOLOGYTRANSITIONS 3
For Department of Energy expenses necessary for 4
carrying out the activities of technology transitions, 5
$20,000,000, to remain available until expended: Pro-6
vided, That of such amount, $11,500,000 shall be avail-7
able until September 30, 2025, for program direction. 8
C
LEANENERGYDEMONSTRATIONS 9
For Department of Energy expenses, including the 10
purchase, construction, and acquisition of plant and cap-11
ital equipment and other expenses necessary for clean en-12
ergy demonstrations in carrying out the purposes of the 13
Department of Energy Organization Act (42 U.S.C. 7101 14
et seq.), including the acquisition or condemnation of any 15
real property or any facility or for plant or facility acquisi-16
tion, construction, or expansion, $89,000,000, to remain 17
available until expended: Provided, That of such amount, 18
$25,000,000 shall be available until September 30, 2025, 19
for program direction. 20
A
DVANCEDRESEARCHPROJECTSAGENCY—ENERGY 21
For Department of Energy expenses necessary in car-22
rying out the activities authorized by section 5012 of the 23
America COMPETES Act (Public Law 110–69), 24
$450,000,000, to remain available until expended: Pro-25 42 
•S 2443 RS
vided, That of such amount, $37,000,000 shall be avail-1
able until September 30, 2025, for program direction. 2
T
ITLE17 INNOVATIVETECHNOLOGYLOANGUARANTEE 3
P
ROGRAM 4
Such sums as are derived from amounts received 5
from borrowers pursuant to section 1702(b) of the Energy 6
Policy Act of 2005 under this heading in prior Acts, shall 7
be collected in accordance with section 502(7) of the Con-8
gressional Budget Act of 1974: Provided, That for nec-9
essary administrative expenses of the Title 17 Innovative 10
Technology Loan Guarantee Program, as authorized, 11
$70,000,000 is appropriated, to remain available until 12
September 30, 2025: Provided further, That up to 13
$70,000,000 of fees collected in fiscal year 2024 pursuant 14
to section 1702(h) of the Energy Policy Act of 2005 shall 15
be credited as offsetting collections under this heading and 16
used for necessary administrative expenses in this appro-17
priation and shall remain available until September 30, 18
2025: Provided further, That to the extent that fees col-19
lected in fiscal year 2024 exceed $70,000,000, those ex-20
cess amounts shall be credited as offsetting collections 21
under this heading and available in future fiscal years only 22
to the extent provided in advance in appropriations Acts: 23
Provided further, That the sum herein appropriated from 24
the general fund shall be reduced (1) as such fees are re-25 43 
•S 2443 RS
ceived during fiscal year 2024 (estimated at $70,000,000) 1
and (2) to the extent that any remaining general fund ap-2
propriations can be derived from fees collected in previous 3
fiscal years that are not otherwise appropriated, so as to 4
result in a final fiscal year 2024 appropriation from the 5
general fund estimated at $0: Provided further, That the 6
Department of Energy shall not subordinate any loan obli-7
gation to other financing in violation of section 1702 of 8
the Energy Policy Act of 2005 or subordinate any Guaran-9
teed Obligation to any loan or other debt obligations in 10
violation of section 609.8 of title 10, Code of Federal Reg-11
ulations. 12
A
DVANCEDTECHNOLOGYVEHICLESMANUFACTURING 13
L
OANPROGRAM 14
For Department of Energy administrative expenses 15
necessary in carrying out the Advanced Technology Vehi-16
cles Manufacturing Loan Program, $13,000,000, to re-17
main available until September 30, 2025. 18
T
RIBALENERGYLOANGUARANTEEPROGRAM 19
For Department of Energy administrative expenses 20
necessary in carrying out the Tribal Energy Loan Guar-21
antee Program, $6,300,000, to remain available until Sep-22
tember 30, 2025. 23 44 
•S 2443 RS
INDIANENERGYPOLICY ANDPROGRAMS 1
For necessary expenses for Indian Energy activities 2
in carrying out the purposes of the Department of Energy 3
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, 4
to remain available until expended: Provided, That of the 5
amount appropriated under this heading, $14,000,000 6
shall be available until September 30, 2025, for program 7
direction. 8
D
EPARTMENTAL ADMINISTRATION 9
For salaries and expenses of the Department of En-10
ergy necessary for departmental administration in car-11
rying out the purposes of the Department of Energy Orga-12
nization Act (42 U.S.C. 7101 et seq.), $383,578,000, to 13
remain available until September 30, 2025, including the 14
hire of passenger motor vehicles and official reception and 15
representation expenses not to exceed $30,000, plus such 16
additional amounts as necessary to cover increases in the 17
estimated amount of cost of work for others notwith-18
standing the provisions of the Anti-Deficiency Act (31 19
U.S.C. 1511 et seq.): Provided, That such increases in cost 20
of work are offset by revenue increases of the same or 21
greater amount: Provided further, That moneys received 22
by the Department for miscellaneous revenues estimated 23
to total $100,578,000 in fiscal year 2024 may be retained 24
and used for operating expenses within this account, as 25 45 
•S 2443 RS
authorized by section 201 of Public Law 95–238, notwith-1
standing the provisions of 31 U.S.C. 3302: Provided fur-2
ther, That the sum herein appropriated shall be reduced 3
as collections are received during the fiscal year so as to 4
result in a final fiscal year 2024 appropriation from the 5
general fund estimated at not more than $283,000,000. 6
O
FFICE OF THEINSPECTORGENERAL 7
For expenses necessary for the Office of the Inspector 8
General in carrying out the provisions of the Inspector 9
General Act of 1978, $86,000,000, to remain available 10
until September 30, 2025. 11
ATOMIC ENERGY DEFENSE ACTIVITIES 12
NATIONAL NUCLEAR SECURITY 13
ADMINISTRATION 14
W
EAPONSACTIVITIES 15
For Department of Energy expenses, including the 16
purchase, construction, and acquisition of plant and cap-17
ital equipment and other incidental expenses necessary for 18
atomic energy defense weapons activities in carrying out 19
the purposes of the Department of Energy Organization 20
Act (42 U.S.C. 7101 et seq.), including the acquisition or 21
condemnation of any real property or any facility or for 22
plant or facility acquisition, construction, or expansion, 23
and the purchase of not to exceed one ambulance, for re-24
placement only, $18,832,947,000, to remain available 25 46 
•S 2443 RS
until expended: Provided, That of such amount, 1
$118,056,000 shall be available until September 30, 2025, 2
for program direction. 3
D
EFENSENUCLEARNONPROLIFERATION 4
For Department of Energy expenses, including the 5
purchase, construction, and acquisition of plant and cap-6
ital equipment and other incidental expenses necessary for 7
defense nuclear nonproliferation activities, in carrying out 8
the purposes of the Department of Energy Organization 9
Act (42 U.S.C. 7101 et seq.), including the acquisition or 10
condemnation of any real property or any facility or for 11
plant or facility acquisition, construction, or expansion, 12
$2,596,522,000, to remain available until expended. 13
N
AVALREACTORS 14
(INCLUDING TRANSFER OF FUNDS) 15
For Department of Energy expenses necessary for 16
naval reactors activities to carry out the Department of 17
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-18
ing the acquisition (by purchase, condemnation, construc-19
tion, or otherwise) of real property, plant, and capital 20
equipment, facilities, and facility expansion, 21
$1,964,100,000, to remain available until expended, of 22
which, $92,800,000 shall be transferred to ‘‘Department 23
of Energy—Energy Programs—Nuclear Energy’’, for the 24
Advanced Test Reactor: Provided, That of the amounts 25 47 
•S 2443 RS
made available under this heading, $61,540,000 shall be 1
available until September 30, 2025, for program direction. 2
F
EDERALSALARIES ANDEXPENSES 3
For expenses necessary for Federal Salaries and Ex-4
penses in the National Nuclear Security Administration, 5
$485,000,000, to remain available until September 30, 6
2025, including official reception and representation ex-7
penses not to exceed $17,000. 8
ENVIRONMENTAL AND OTHER DEFENSE 9
ACTIVITIES 10
D
EFENSEENVIRONMENTAL CLEANUP 11
For Department of Energy expenses, including the 12
purchase, construction, and acquisition of plant and cap-13
ital equipment and other expenses necessary for atomic 14
energy defense environmental cleanup activities in car-15
rying out the purposes of the Department of Energy Orga-16
nization Act (42 U.S.C. 7101 et seq.), including the acqui-17
sition or condemnation of any real property or any facility 18
or for plant or facility acquisition, construction, or expan-19
sion, $7,296,564,000, to remain available until expended: 20
Provided, That of such amount, $326,893,000 shall be 21
available until September 30, 2025, for program direction. 22 48 
•S 2443 RS
DEFENSEURANIUMENRICHMENTDECONTAMINATION 1
ANDDECOMMISSIONING 2
(INCLUDING TRANSFER OF FUNDS) 3
For an additional amount for atomic energy defense 4
environmental cleanup activities for Department of En-5
ergy contributions for uranium enrichment decontamina-6
tion and decommissioning activities, $575,000,000, to be 7
deposited into the Defense Environmental Cleanup ac-8
count, which shall be transferred to the ‘‘Uranium Enrich-9
ment Decontamination and Decommissioning Fund’’. 10
O
THERDEFENSEACTIVITIES 11
For Department of Energy expenses, including the 12
purchase, construction, and acquisition of plant and cap-13
ital equipment and other expenses, necessary for atomic 14
energy defense, other defense activities, and classified ac-15
tivities, in carrying out the purposes of the Department 16
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-17
cluding the acquisition or condemnation of any real prop-18
erty or any facility or for plant or facility acquisition, con-19
struction, or expansion, $1,079,867,000, to remain avail-20
able until expended: Provided, That of such amount, 21
$381,460,000 shall be available until September 30, 2025, 22
for program direction. 23 49 
•S 2443 RS
POWER MARKETING ADMINISTRATIONS 1
B
ONNEVILLEPOWERADMINISTRATIONFUND 2
Expenditures from the Bonneville Power Administra-3
tion Fund, established pursuant to Public Law 93–454, 4
are approved for official reception and representation ex-5
penses in an amount not to exceed $5,000: Provided, That 6
during fiscal year 2024, no new direct loan obligations 7
may be made. 8
O
PERATION ANDMAINTENANCE, SOUTHEASTERN POWER 9
A
DMINISTRATION 10
For expenses necessary for operation and mainte-11
nance of power transmission facilities and for marketing 12
electric power and energy, including transmission wheeling 13
and ancillary services, pursuant to section 5 of the Flood 14
Control Act of 1944 (16 U.S.C. 825s), as applied to the 15
southeastern power area, $8,449,000, including official re-16
ception and representation expenses in an amount not to 17
exceed $1,500, to remain available until expended: Pro-18
vided, That notwithstanding 31 U.S.C. 3302 and section 19
5 of the Flood Control Act of 1944, up to $8,449,000 col-20
lected by the Southeastern Power Administration from the 21
sale of power and related services shall be credited to this 22
account as discretionary offsetting collections, to remain 23
available until expended for the sole purpose of funding 24
the annual expenses of the Southeastern Power Adminis-25 50 
•S 2443 RS
tration: Provided further, That the sum herein appro-1
priated for annual expenses shall be reduced as collections 2
are received during the fiscal year so as to result in a final 3
fiscal year 2024 appropriation estimated at not more than 4
$0: Provided further, That notwithstanding 31 U.S.C. 5
3302, up to $71,850,000 collected by the Southeastern 6
Power Administration pursuant to the Flood Control Act 7
of 1944 to recover purchase power and wheeling expenses 8
shall be credited to this account as offsetting collections, 9
to remain available until expended for the sole purpose 10
of making purchase power and wheeling expenditures: 11
Provided further, That for purposes of this appropriation, 12
annual expenses means expenditures that are generally re-13
covered in the same year that they are incurred (excluding 14
purchase power and wheeling expenses). 15
O
PERATION ANDMAINTENANCE, SOUTHWESTERN 16
P
OWERADMINISTRATION 17
For expenses necessary for operation and mainte-18
nance of power transmission facilities and for marketing 19
electric power and energy, for construction and acquisition 20
of transmission lines, substations and appurtenant facili-21
ties, and for administrative expenses, including official re-22
ception and representation expenses in an amount not to 23
exceed $1,500 in carrying out section 5 of the Flood Con-24
trol Act of 1944 (16 U.S.C. 825s), as applied to the 25 51 
•S 2443 RS
Southwestern Power Administration, $52,326,000, to re-1
main available until expended: Provided, That notwith-2
standing 31 U.S.C. 3302 and section 5 of the Flood Con-3
trol Act of 1944 (16 U.S.C. 825s), up to $40,886,000 col-4
lected by the Southwestern Power Administration from 5
the sale of power and related services shall be credited to 6
this account as discretionary offsetting collections, to re-7
main available until expended, for the sole purpose of 8
funding the annual expenses of the Southwestern Power 9
Administration: Provided further, That the sum herein ap-10
propriated for annual expenses shall be reduced as collec-11
tions are received during the fiscal year so as to result 12
in a final fiscal year 2024 appropriation estimated at not 13
more than $11,440,000: Provided further, That notwith-14
standing 31 U.S.C. 3302, up to $80,000,000 collected by 15
the Southwestern Power Administration pursuant to the 16
Flood Control Act of 1944 to recover purchase power and 17
wheeling expenses shall be credited to this account as off-18
setting collections, to remain available until expended for 19
the sole purpose of making purchase power and wheeling 20
expenditures: Provided further, That for purposes of this 21
appropriation, annual expenses means expenditures that 22
are generally recovered in the same year that they are in-23
curred (excluding purchase power and wheeling expenses). 24 52 
•S 2443 RS
CONSTRUCTION, REHABILITATION, OPERATION AND 1
M
AINTENANCE, WESTERNAREAPOWERADMINIS-2
TRATION 3
For carrying out the functions authorized by title III, 4
section 302(a)(1)(E) of the Act of August 4, 1977 (42 5
U.S.C. 7152), and other related activities including con-6
servation and renewable resources programs as author-7
ized, $313,289,000, including official reception and rep-8
resentation expenses in an amount not to exceed $1,500, 9
to remain available until expended, of which $313,289,000 10
shall be derived from the Department of the Interior Rec-11
lamation Fund: Provided, That notwithstanding 31 U.S.C. 12
3302, section 5 of the Flood Control Act of 1944 (16 13
U.S.C. 825s), and section 1 of the Interior Department 14
Appropriation Act, 1939 (43 U.S.C. 392a), up to 15
$213,417,000 collected by the Western Area Power Ad-16
ministration from the sale of power and related services 17
shall be credited to this account as discretionary offsetting 18
collections, to remain available until expended, for the sole 19
purpose of funding the annual expenses of the Western 20
Area Power Administration: Provided further, That the 21
sum herein appropriated for annual expenses shall be re-22
duced as collections are received during the fiscal year so 23
as to result in a final fiscal year 2024 appropriation esti-24
mated at not more than $99,872,000, of which 25 53 
•S 2443 RS
$99,872,000 is derived from the Reclamation Fund: Pro-1
vided further, That notwithstanding 31 U.S.C. 3302, up 2
to $475,000,000 collected by the Western Area Power Ad-3
ministration pursuant to the Flood Control Act of 1944 4
and the Reclamation Project Act of 1939 to recover pur-5
chase power and wheeling expenses shall be credited to 6
this account as offsetting collections, to remain available 7
until expended for the sole purpose of making purchase 8
power and wheeling expenditures: Provided further, That 9
for purposes of this appropriation, annual expenses means 10
expenditures that are generally recovered in the same year 11
that they are incurred (excluding purchase power and 12
wheeling expenses). 13
F
ALCON ANDAMISTADOPERATING ANDMAINTENANCE 14
F
UND 15
For operation, maintenance, and emergency costs for 16
the hydroelectric facilities at the Falcon and Amistad 17
Dams, $3,425,000, to remain available until expended, 18
and to be derived from the Falcon and Amistad Operating 19
and Maintenance Fund of the Western Area Power Ad-20
ministration, as provided in section 2 of the Act of June 21
18, 1954 (68 Stat. 255): Provided, That notwithstanding 22
the provisions of that Act and of 31 U.S.C. 3302, up to 23
$3,197,000 collected by the Western Area Power Adminis-24
tration from the sale of power and related services from 25 54 
•S 2443 RS
the Falcon and Amistad Dams shall be credited to this 1
account as discretionary offsetting collections, to remain 2
available until expended for the sole purpose of funding 3
the annual expenses of the hydroelectric facilities of these 4
Dams and associated Western Area Power Administration 5
activities: Provided further, That the sum herein appro-6
priated for annual expenses shall be reduced as collections 7
are received during the fiscal year so as to result in a final 8
fiscal year 2024 appropriation estimated at not more than 9
$228,000: Provided further, That for purposes of this ap-10
propriation, annual expenses means expenditures that are 11
generally recovered in the same year that they are in-12
curred: Provided further, That for fiscal year 2024, the 13
Administrator of the Western Area Power Administration 14
may accept up to $1,872,000 in funds contributed by 15
United States power customers of the Falcon and Amistad 16
Dams for deposit into the Falcon and Amistad Operating 17
and Maintenance Fund, and such funds shall be available 18
for the purpose for which contributed in like manner as 19
if said sums had been specifically appropriated for such 20
purpose: Provided further, That any such funds shall be 21
available without further appropriation and without fiscal 22
year limitation for use by the Commissioner of the United 23
States Section of the International Boundary and Water 24
Commission for the sole purpose of operating, maintain-25 55 
•S 2443 RS
ing, repairing, rehabilitating, replacing, or upgrading the 1
hydroelectric facilities at these Dams in accordance with 2
agreements reached between the Administrator, Commis-3
sioner, and the power customers. 4
F
EDERALENERGYREGULATORYCOMMISSION 5
SALARIES AND EXPENSES 6
For expenses necessary for the Federal Energy Regu-7
latory Commission to carry out the provisions of the De-8
partment of Energy Organization Act (42 U.S.C. 7101 et 9
seq.), including services as authorized by 5 U.S.C. 3109, 10
official reception and representation expenses not to ex-11
ceed $3,000, and the hire of passenger motor vehicles, 12
$520,000,000, to remain available until expended: Pro-13
vided, That notwithstanding any other provision of law, 14
not to exceed $520,000,000 of revenues from fees and an-15
nual charges, and other services and collections in fiscal 16
year 2023 shall be retained and used for expenses nec-17
essary in this account, and shall remain available until ex-18
pended: Provided further, That the sum herein appro-19
priated from the general fund shall be reduced as revenues 20
are received during fiscal year 2024 so as to result in a 21
final fiscal year 2024 appropriation from the general fund 22
estimated at not more than $0. 23 56 
•S 2443 RS
GENERAL PROVISIONS—DEPARTMENT OF 1
ENERGY 2
S
EC. 301. (a) No appropriation, funds, or authority 3
made available by this title for the Department of Energy 4
shall be used to initiate or resume any program, project, 5
or activity or to prepare or initiate Requests For Proposals 6
or similar arrangements (including Requests for 7
Quotations, Requests for Information, and Funding Op-8
portunity Announcements) for a program, project, or ac-9
tivity if the program, project, or activity has not been 10
funded by Congress. 11
(b)(1) Unless the Secretary of Energy notifies the 12
Committees on Appropriations of both Houses of Congress 13
at least 3 full business days in advance, none of the funds 14
made available in this title may be used to— 15
(A) make or modify a grant allocation or discre-16
tionary grant award totaling $1,000,000 or more; 17
(B) make or modify a discretionary contract 18
award or Other Transaction Agreement totaling 19
$1,000,000 or more, including a contract covered by 20
the Federal Acquisition Regulation; 21
(C) issue a letter of intent to make or modify 22
an allocation, award, or Agreement in excess of the 23
limits in subparagraph (A) or (B); or 24 57 
•S 2443 RS
(D) announce publicly the intention to make or 1
modify an allocation, award, or Agreement in excess 2
of the limits in subparagraph (A) or (B). 3
(2) The Secretary of Energy shall submit to the Com-4
mittees on Appropriations of both Houses of Congress 5
within 15 days of the conclusion of each quarter a report 6
detailing each grant allocation or discretionary grant 7
award totaling less than $1,000,000 provided or modified 8
during the previous quarter. 9
(3) The notification required by paragraph (1) and 10
the report required by paragraph (2) shall include the re-11
cipient of the award, the amount of the award, the fiscal 12
year for which the funds for the award were appropriated, 13
the account and program, project, or activity from which 14
the funds are being drawn, the title of the award, and 15
a brief description of the activity for which the award is 16
made or modified. 17
(c) The Department of Energy may not, with respect 18
to any program, project, or activity that uses budget au-19
thority made available in this title under the heading ‘‘De-20
partment of Energy—Energy Programs’’, enter into a 21
multiyear contract, award a multiyear grant, or enter into 22
a multiyear cooperative agreement unless— 23 58 
•S 2443 RS
(1) the contract, grant, or cooperative agree-1
ment is funded for the full period of performance as 2
anticipated at the time of award; or 3
(2) the contract, grant, or cooperative agree-4
ment includes a clause conditioning the Federal Gov-5
ernment’s obligation on the availability of future 6
year budget authority and the Secretary notifies the 7
Committees on Appropriations of both Houses of 8
Congress at least 3 days in advance. 9
(d) Except as provided in subsections (e), (f), and (g), 10
the amounts made available by this title shall be expended 11
as authorized by law for the programs, projects, and ac-12
tivities specified in the ‘‘Committee Recommendation’’ col-13
umn in the ‘‘Department of Energy’’ table included under 14
the heading ‘‘Title III—Department of Energy’’ in the re-15
port accompanying this Act. 16
(e) Except as provided in subsection (f), the amounts 17
made available by this title may be reprogrammed for any 18
program, project, or activity, and the Department shall 19
notify, and obtain the prior approval of, the Committees 20
on Appropriations of both Houses of Congress at least 30 21
days prior to the use of any proposed reprogramming that 22
would cause any program, project, or activity funding level 23
to increase or decrease by more than $5,000,000 or 10 24 59 
•S 2443 RS
percent, whichever is less, during the time period covered 1
by this Act. 2
(f) None of the funds provided in this title shall be 3
available for obligation or expenditure through a re-4
programming of funds— 5
(1) that creates, initiates, or eliminates a pro-6
gram, project, or activity; 7
(2) that increases funds or personnel for any 8
program, project, or activity for which funds are de-9
nied or restricted by this Act; or 10
(3) that reduces funds that are directed to be 11
used for a specific program, project, or activity by 12
this Act. 13
(g)(1) The Secretary of Energy may waive any re-14
quirement or restriction in this section that applies to the 15
use of funds made available for the Department of Energy 16
if compliance with such requirement or restriction would 17
pose a substantial risk to human health, the environment, 18
welfare, or national security. 19
(2) The Secretary of Energy shall notify the Commit-20
tees on Appropriations of both Houses of Congress of any 21
waiver under paragraph (1) as soon as practicable, but 22
not later than 3 days after the date of the activity to which 23
a requirement or restriction would otherwise have applied. 24 60 
•S 2443 RS
Such notice shall include an explanation of the substantial 1
risk under paragraph (1) that permitted such waiver. 2
(h) The unexpended balances of prior appropriations 3
provided for activities in this Act may be available to the 4
same appropriation accounts for such activities established 5
pursuant to this title. Available balances may be merged 6
with funds in the applicable established accounts and 7
thereafter may be accounted for as one fund for the same 8
time period as originally enacted. 9
S
EC. 302. Funds appropriated by this or any other 10
Act, or made available by the transfer of funds in this 11
Act, for intelligence activities are deemed to be specifically 12
authorized by the Congress for purposes of section 504 13
of the National Security Act of 1947 (50 U.S.C. 3094) 14
during fiscal year 2024 until the enactment of the Intel-15
ligence Authorization Act for fiscal year 2024. 16
S
EC. 303. None of the funds made available in this 17
title shall be used for the construction of facilities classi-18
fied as high-hazard nuclear facilities under 10 CFR Part 19
830 unless independent oversight is conducted by the Of-20
fice of Enterprise Assessments to ensure the project is in 21
compliance with nuclear safety requirements. 22
S
EC. 304. None of the funds made available in this 23
title may be used to approve critical decision-2 or critical 24
decision-3 under Department of Energy Order 413.3B, or 25 61 
•S 2443 RS
any successive departmental guidance, for construction 1
projects where the total project cost exceeds 2
$100,000,000, until a separate independent cost estimate 3
has been developed for the project for that critical deci-4
sion. 5
S
EC. 305. No funds shall be transferred directly from 6
‘‘Department of Energy—Power Marketing Administra-7
tion—Colorado River Basins Power Marketing Fund, 8
Western Area Power Administration’’ to the general fund 9
of the Treasury in the current fiscal year. 10
S
EC. 306. None of the funds made available in this 11
title may be used to support a grant allocation award, dis-12
cretionary grant award, or cooperative agreement that ex-13
ceeds $100,000,000 in Federal funding unless the project 14
is carried out through internal independent project man-15
agement procedures. 16
S
EC. 307. (a) DEFINITIONS.—In this section: 17
(1) A
FFECTED INDIAN TRIBE .—The term ‘‘af-18
fected Indian tribe’’ has the meaning given the term 19
in section 2 of the Nuclear Waste Policy Act of 1982 20
(42 U.S.C. 10101). 21
(2) H
IGH-LEVEL RADIOACTIVE WASTE .—The 22
term ‘‘high-level radioactive waste’’ has the meaning 23
given the term in section 2 of the Nuclear Waste 24
Policy Act of 1982 (42 U.S.C. 10101). 25 62 
•S 2443 RS
(3) NUCLEAR WASTE FUND .—The term ‘‘Nu-1
clear Waste Fund’’ means the Nuclear Waste Fund 2
established under section 302(c) of the Nuclear 3
Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 4
(4) S
ECRETARY.—The term ‘‘Secretary’’ means 5
the Secretary of Energy. 6
(5) S
PENT NUCLEAR FUEL .—The term ‘‘spent 7
nuclear fuel’’ has the meaning given the term in sec-8
tion 2 of the Nuclear Waste Policy Act of 1982 (42 9
U.S.C. 10101). 10
(b) P
ILOTPROGRAM.—Notwithstanding any provi-11
sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 12
10101 et seq.), the Secretary is authorized, in the current 13
fiscal year and subsequent fiscal years, to conduct a pilot 14
program to license, construct, and operate one or more 15
Federal consolidated storage facilities to provide interim 16
storage as needed for spent nuclear fuel and high-level ra-17
dioactive waste, with priority for storage given to spent 18
nuclear fuel located on sites without an operating nuclear 19
reactor. 20
(c) R
EQUESTS FORPROPOSALS.—Not later than 120 21
days after the date of enactment of this Act, the Secretary 22
shall issue a request for proposals for cooperative agree-23
ments— 24 63 
•S 2443 RS
(1) to obtain any license necessary from the 1
Nuclear Regulatory Commission for the construction 2
of one or more consolidated storage facilities; 3
(2) to demonstrate the safe transportation of 4
spent nuclear fuel and high-level radioactive waste, 5
as applicable; and 6
(3) to demonstrate the safe storage of spent nu-7
clear fuel and high-level radioactive waste, as appli-8
cable, at the one or more consolidated storage facili-9
ties pending the construction and operation of deep 10
geologic disposal capacity for the permanent disposal 11
of the spent nuclear fuel. 12
(d) C
ONSENT-BASEDAPPROVAL.—Prior to siting a 13
consolidated storage facility pursuant to this section, the 14
Secretary shall enter into an agreement to host the facility 15
with— 16
(1) the Governor of the State; 17
(2) each unit of local government within the ju-18
risdiction of which the facility is proposed to be lo-19
cated; and 20
(3) each affected Indian tribe. 21
(e) A
PPLICABILITY.—In executing this section, the 22
Secretary shall comply with— 23
(1) all licensing requirements and regulations of 24
the Nuclear Regulatory Commission; and 25 64 
•S 2443 RS
(2) all other applicable laws (including regula-1
tions). 2
(f) P
ILOTPROGRAMPLAN.—Not later than 120 days 3
after the date on which the Secretary issues the request 4
for proposals under subsection (c), the Secretary shall sub-5
mit to Congress a plan to carry out this section that in-6
cludes— 7
(1) an estimate of the cost of licensing, con-8
structing, and operating a consolidated storage facil-9
ity, including the transportation costs, on an annual 10
basis, over the expected lifetime of the facility; 11
(2) a schedule for— 12
(A) obtaining any license necessary to con-13
struct and operate a consolidated storage facil-14
ity from the Nuclear Regulatory Commission; 15
(B) constructing the facility; 16
(C) transporting spent fuel to the facility; 17
and 18
(D) removing the spent fuel and decom-19
missioning the facility; 20
(3) an estimate of the cost of any financial as-21
sistance, compensation, or incentives proposed to be 22
paid to the host State, Indian tribe, or local govern-23
ment; 24 65 
•S 2443 RS
(4) an estimate of any future reductions in the 1
damages expected to be paid by the United States 2
for the delay of the Department of Energy in accept-3
ing spent fuel expected to result from the pilot pro-4
gram; 5
(5) recommendations for any additional legisla-6
tion needed to authorize and implement the pilot 7
program; and 8
(6) recommendations for a mechanism to en-9
sure that any spent nuclear fuel or high-level radio-10
active waste stored at a consolidated storage facility 11
pursuant to this section shall move to deep geologic 12
disposal capacity, following a consent-based approval 13
process for that deep geologic disposal capacity con-14
sistent with subsection (d), within a reasonable time 15
after the issuance of a license to construct and oper-16
ate the consolidated storage facility. 17
(g) P
UBLICPARTICIPATION.—Prior to choosing a 18
site for the construction of a consolidated storage facility 19
under this section, the Secretary shall conduct one or more 20
public hearings in the vicinity of each potential site and 21
in at least one other location within the State in which 22
the site is located to solicit public comments and rec-23
ommendations. 24 66 
•S 2443 RS
(h) USE OFNUCLEARWASTEFUND.—The Secretary 1
may make expenditures from the Nuclear Waste Fund to 2
carry out this section, subject to appropriations. 3
S
EC. 308. None of the funds made available in this 4
or any other Act, including prior Acts, may be used to 5
pay the salaries and expenses of any contractor detailed 6
to a Congressional Committee or Member Office or to the 7
Executive Branch for longer than a 24-month period: Pro-8
vided, That the term contractor is defined in this section 9
to means any contracted employee of a Department of En-10
ergy Laboratory, as defined by Section 2 (3) of the Energy 11
Policy Act of 2005 (42 U.S.C. 15801). 12
S
EC. 309. Section 322 of Public Law No 118–5 is 13
hereby repealed. 14
S
EC. 310. (a) The fifty-first proviso under the head-15
ing ‘‘Energy Efficiency and Renewable Energy’’ in title 16
III of division J of Public Law 117–58 is amended by 17
striking ‘‘three percent’’ each place it appears and insert-18
ing ‘‘five percent’’. 19
(b) The eighth proviso under the heading ‘‘Cyberse-20
curity, Energy Security, and Emergency Response’’ in 21
title III of division J of Public Law 117–58 is amended 22
by striking ‘‘three percent’’ each place it appears and in-23
serting ‘‘five percent’’. 24 67 
•S 2443 RS
(c) The tenth proviso under the heading ‘‘Electricity’’ 1
in title III of division J of Public Law 117–58 is amended 2
by striking ‘‘three percent’’ each place it appears and in-3
serting ‘‘five percent’’. 4
(d) The twenty-second proviso under the heading 5
‘‘Fossil Energy and Carbon Management’’ in title III of 6
division J of Public Law 117–58 is amended by striking 7
‘‘three percent’’ each place it appears and inserting ‘‘five 8
percent’’. 9
(e) The twenty-sixth proviso under the heading ‘‘Of-10
fice of Clean Energy Demonstrations’’ in title III of divi-11
sion J of Public Law 117–58 is amended by striking 12
‘‘three percent’’ each place it appears and inserting ‘‘five 13
percent’’. 14
(f) Amounts repurposed pursuant to this section that 15
were previously designated by the Congress as an emer-16
gency requirement pursuant to a concurrent resolution on 17
the Budget are designated as an emergency requirement 18
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 19
Congress), the concurrent resolution on the budget for fis-20
cal year 2022, and to legislation establishing fiscal year 21
2024 budget enforcement in the House of Representatives. 22
S
EC. 311. (a) The Trusted Source Requirement for 23
LEU used in Covered Domestic Reactors shall be: 24
(1) in calendar year 2025, 50%; 25 68 
•S 2443 RS
(2) in calendar year 2026, 55%; 1
(3) in calendar year 2027, 60%; 2
(4) in calendar year 2028, 65%; 3
(5) in calendar year 2029, 70%; 4
(6) in calendar year 2030, 75%; 5
(7) in calendar year 2031, 80%; 6
(8) in calendar year 2032, 85%; 7
(9) in calendar year 2032 and thereafter, 85%. 8
(b) The Secretary may take action that the Secretary 9
deems necessary or appropriate to administer, implement 10
or enforce the Trusted Source Requirement. 11
(c) The Secretary may require any person to provide 12
any certifications, reports, or other information necessary 13
or appropriate to demonstrate compliance with the Trust-14
ed Source Requirement. 15
(d)(1) The Secretary shall promulgate, no later than 16
twelve months after the enactment of this section, a final 17
regulation to implement this section. 18
(2) In promulgating the final rule, the Secretary shall 19
consider the need for: 20
(A) Mechanisms to allocate the effects of the 21
Trusted Source Requirement equitably among reac-22
tor licensees; 23
(B) Differentiation among various reactor 24
types; 25 69 
•S 2443 RS
(C) Differentiation among LEU enriched up to 1
10 percent of the uranium-235 isotope and LEU en-2
riched above10 percent of the uranium-235 isotope; 3
and 4
(D) Provisions to prevent transactions designed 5
to evade the purpose of this section. 6
(e) In this section: 7
(1) ‘‘Allied Country’’ means any nation with 8
which the United States is engaged in a common 9
military effort or with which the United States has 10
entered into a common defensive military alliance. 11
(2) ‘‘Covered Domestic Reactor’’ means a nu-12
clear reactor licensed by the Nuclear Regulatory 13
Commission for industrial or commercial purposes. 14
(3) ‘‘LEU’’ means uranium enriched to less 15
than 20 percent of the uranium-235 isotope, includ-16
ing that which is derived from highly enriched ura-17
nium. 18
(4) ‘‘Secretary’’ means the Secretary of Energy. 19
(5) ‘‘Trusted Source Requirement’’ means the 20
percentage of conversion and enrichment that must 21
occur within the United States or an Allied Country. 22
(f) In administering, implementing or enforcing the 23
Trusted Source Requirement, the Department shall only 24
use existing statutory authorities. 25 70 
•S 2443 RS
(g) That the Secretary of Energy may use funds ap-1
propriated or otherwise made available for a commitment 2
under this section for a commitment only if the full extent 3
of the anticipated costs stemming from that commitment 4
is recorded as an obligation at the time that the commit-5
ment is made and only to the extent that up-front obliga-6
tion is recorded in full at that time. 7
S
EC. 312. (a) Of the amounts previously appropriated 8
under the heading ‘‘Department of Energy—Energy Pro-9
grams’’ in division J of the Infrastructure Investment and 10
Jobs Act (Public Law 117–58) that are made available 11
for fiscal years 2024, 2025, and 2026, the following 12
amounts shall be available, in addition to amounts other-13
wise made available under such heading, for the following 14
purposes: 15
(1) Up to $800,000,000 for Advanced Nuclear 16
Fuel Availability, of which up to $266,666,666 shall 17
be available for each of fiscal years 2024, 2025, and 18
2026; and 19
(2) Up to $400,000,000 for the Advanced 20
Small Modular Reactor Research, Development, and 21
Demonstration program for fiscal year 2024. 22
(b) Of amounts previously appropriated under the 23
heading ‘‘Department of Energy—Energy Programs— 24
Electricity’’ in division J of the Infrastructure Investment 25 71 
•S 2443 RS
and Jobs Act (Public Law 117–58) that are made avail-1
able for fiscal years 2024, 2025, and 2026, up to 2
$1,200,000,000 shall be available, in addition to amounts 3
otherwise made available under such heading, for Elec-4
tricity activities previously authorized in sections 40101, 5
40106(d)(3), 40107, or 40125(d) of that Act, including 6
financial assistance, procurement, technical assistance, 7
and workforce support, to enhance the domestic supply 8
chain for the manufacture of electric grid components, in-9
cluding key materials and components thereof, of which 10
up to $400,000,000 shall be available for each of fiscal 11
years 2024, 2025, and 2026: Provided, That the funds 12
made available in the preceding proviso may be used to 13
supplement amounts previously appropriated under the 14
heading ‘‘Department of Energy—Energy Programs— 15
Electricity’’ in division J of the Infrastructure Investment 16
and Jobs Act (Public Law 117–58): Provided further, 17
That amounts appropriated under such heading may be 18
increased by up to 15 percent: Provided further, That of 19
funds made available in the preceding proviso, no addi-20
tional funds may be expended to deploy generation. 21
(c) Any amount repurposed pursuant to this section 22
shall retain its original period of availability. 23
(d) Amounts repurposed pursuant to this section that 24
were previously designated by the Congress as an emer-25 72 
•S 2443 RS
gency requirement pursuant to a concurrent resolution on 1
the Budget are designated as an emergency requirement 2
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 3
Congress), the concurrent resolution on the budget for fis-4
cal year 2022, and to legislation establishing fiscal year 5
2024 budget enforcement in the House of Representatives. 6 73 
•S 2443 RS
TITLE IV 1
INDEPENDENT AGENCIES 2
A
PPALACHIANREGIONALCOMMISSION 3
For expenses necessary to carry out the programs au-4
thorized by the Appalachian Regional Development Act of 5
1965, as amended, notwithstanding 40 U.S.C. 14704, and 6
for expenses necessary for the Federal Co-Chairman and 7
the Alternate on the Appalachian Regional Commission, 8
for payment of the Federal share of the administrative ex-9
penses of the Commission, including services as authorized 10
by 5 U.S.C. 3109, and hire of passenger motor vehicles, 11
$200,000,000, to remain available until expended. 12
D
EFENSENUCLEARFACILITIESSAFETYBOARD 13
SALARIES AND EXPENSES 14
For expenses necessary for the Defense Nuclear Fa-15
cilities Safety Board in carrying out activities authorized 16
by the Atomic Energy Act of 1954, as amended by Public 17
Law 100–456, section 1441, $42,000,000, to remain 18
available until September 30, 2025. 19
D
ELTAREGIONALAUTHORITY 20
SALARIES AND EXPENSES 21
For expenses necessary for the Delta Regional Au-22
thority and to carry out its activities, as authorized by 23
the Delta Regional Authority Act of 2000, notwith-24 74 
•S 2443 RS
standing sections 382F(d), 382M, and 382N of said Act, 1
$30,100,000, to remain available until expended. 2
D
ENALICOMMISSION 3
For expenses necessary for the Denali Commission 4
including the purchase, construction, and acquisition of 5
plant and capital equipment as necessary and other ex-6
penses, $17,000,000, to remain available until expended, 7
notwithstanding the limitations contained in section 8
306(g) of the Denali Commission Act of 1998: Provided, 9
That notwithstanding the limitations contained in section 10
307(c) of the Denali Commission Act of 1998, as amend-11
ed, funds shall be available for construction projects for 12
which the Denali Commission is the sole or primary fund-13
ing source in an amount not to exceed 90 percent of total 14
project cost for distressed communities, as defined by such 15
section and by section 701 of appendix D, title VII, Public 16
Law 106–113 (113 Stat. 1501A–280), and for Indian 17
Tribes, as defined by section 5304(e) of title 25, United 18
States Code, and in an amount not to exceed 50 percent 19
for non-distressed communities: Provided further, That 20
notwithstanding any other provision of law regarding pay-21
ment of a non-Federal share in connection with a grant- 22
in-aid program, amounts under this heading shall be avail-23
able for the payment of such a non-Federal share for any 24
project for which the Denali Commission is not the sole 25 75 
•S 2443 RS
or primary funding source, provided that such project is 1
consistent with the purposes of the Commission. 2
N
ORTHERNBORDERREGIONALCOMMISSION 3
For expenses necessary for the Northern Border Re-4
gional Commission in carrying out activities authorized by 5
subtitle V of title 40, United States Code, $41,000,000, 6
to remain available until expended: Provided, That such 7
amounts shall be available for administrative expenses, 8
notwithstanding section 15751(b) of title 40, United 9
States Code. 10
S
OUTHEASTCRESCENTREGIONALCOMMISSION 11
For expenses necessary for the Southeast Crescent 12
Regional Commission in carrying out activities authorized 13
by subtitle V of title 40, United States Code, $20,000,000, 14
to remain available until expended. 15
S
OUTHWESTBORDERREGIONALCOMMISSION 16
For expenses necessary for the Southwest Border Re-17
gional Commission in carrying out activities authorized by 18
subtitle V of title 40, United States Code, $5,000,000, to 19
remain available until expended. 20
G
REATLAKESAUTHORITY 21
For expenses necessary for the Great Lakes Author-22
ity in carrying out activities authorized by subtitle V of 23
title 40, United States Code, $2,500,000, to remain avail-24
able until expended. 25 76 
•S 2443 RS
NUCLEARREGULATORYCOMMISSION 1
SALARIES AND EXPENSES 2
For expenses necessary for the Commission in car-3
rying out the purposes of the Energy Reorganization Act 4
of 1974 and the Atomic Energy Act of 1954, 5
$941,703,450, including official representation expenses 6
not to exceed $25,000, to remain available until expended: 7
Provided, That of the amount appropriated herein, not 8
more than $9,500,000 may be made available for salaries, 9
travel, and other support costs for the Office of the Com-10
mission, to remain available until September 30, 2025: 11
Provided further, That revenues from licensing fees, in-12
spection services, and other services and collections esti-13
mated at $807,727,130 in fiscal year 2024 shall be re-14
tained and used for necessary salaries and expenses in this 15
account, notwithstanding 31 U.S.C. 3302, and shall re-16
main available until expended: Provided further, That the 17
sum herein appropriated shall be reduced by the amount 18
of revenues received during fiscal year 2024 so as to result 19
in a final fiscal year 2024 appropriation estimated at not 20
more than $133,976,320. 21
OFFICE OF INSPECTOR GENERAL 22
For expenses necessary for the Office of Inspector 23
General in carrying out the provisions of the Inspector 24
General Act of 1978, $15,769,000, to remain available 25 77 
•S 2443 RS
until September 30, 2025: Provided, That revenues from 1
licensing fees, inspection services, and other services and 2
collections estimated at $12,655,000 in fiscal year 2024 3
shall be retained and be available until September 30, 4
2025, for necessary salaries and expenses in this account, 5
notwithstanding section 3302 of title 31, United States 6
Code: Provided further, That the sum herein appropriated 7
shall be reduced by the amount of revenues received dur-8
ing fiscal year 2024 so as to result in a final fiscal year 9
2024 appropriation estimated at not more than 10
$3,114,000: Provided further, That of the amounts appro-11
priated under this heading, $1,534,900 shall be for In-12
spector General services for the Defense Nuclear Facilities 13
Safety Board. 14
N
UCLEARWASTETECHNICALREVIEWBOARD 15
SALARIES AND EXPENSES 16
For expenses necessary for the Nuclear Waste Tech-17
nical Review Board, as authorized by Public Law 100– 18
203, section 5051, $4,064,000, to be derived from the Nu-19
clear Waste Fund, to remain available until September 30, 20
2025. 21
GENERAL PROVISIONS—INDEPENDENT 22
AGENCIES 23
S
EC. 401. The Nuclear Regulatory Commission shall 24
comply with the July 5, 2011, version of Chapter VI of 25 78 
•S 2443 RS
its Internal Commission Procedures when responding to 1
Congressional requests for information, consistent with 2
Department of Justice guidance for all Federal agencies. 3
S
EC. 402. (a) The amounts made available by this 4
title for the Nuclear Regulatory Commission may be re-5
programmed for any program, project, or activity, and the 6
Commission shall notify the Committees on Appropria-7
tions of both Houses of Congress at least 30 days prior 8
to the use of any proposed reprogramming that would 9
cause any program funding level to increase or decrease 10
by more than $500,000 or 10 percent, whichever is less, 11
during the time period covered by this Act. 12
(b)(1) The Nuclear Regulatory Commission may 13
waive the notification requirement in subsection (a) if 14
compliance with such requirement would pose a substan-15
tial risk to human health, the environment, welfare, or na-16
tional security. 17
(2) The Nuclear Regulatory Commission shall notify 18
the Committees on Appropriations of both Houses of Con-19
gress of any waiver under paragraph (1) as soon as prac-20
ticable, but not later than 3 days after the date of the 21
activity to which a requirement or restriction would other-22
wise have applied. Such notice shall include an explanation 23
of the substantial risk under paragraph (1) that permitted 24
such waiver and shall provide a detailed report to the 25 79 
•S 2443 RS
Committees of such waiver and changes to funding levels 1
to programs, projects, or activities. 2
(c) Except as provided in subsections (a), (b), and 3
(d), the amounts made available by this title for ‘‘Nuclear 4
Regulatory Commission—Salaries and Expenses’’ shall be 5
expended as directed in the report accompanying this Act. 6
(d) None of the funds provided for the Nuclear Regu-7
latory Commission shall be available for obligation or ex-8
penditure through a reprogramming of funds that in-9
creases funds or personnel for any program, project, or 10
activity for which funds are denied or restricted by this 11
Act. 12
(e) The Commission shall provide a monthly report 13
to the Committees on Appropriations of both Houses of 14
Congress, which includes the following for each program, 15
project, or activity, including any prior year appropria-16
tions— 17
(1) total budget authority; 18
(2) total unobligated balances; and 19
(3) total unliquidated obligations. 20 80 
•S 2443 RS
TITLE V 1
GENERAL PROVISIONS 2
(INCLUDING TRANSFER OF FUNDS) 3
S
EC. 501. None of the funds appropriated by this Act 4
may be used in any way, directly or indirectly, to influence 5
congressional action on any legislation or appropriation 6
matters pending before Congress, other than to commu-7
nicate to Members of Congress as described in 18 U.S.C. 8
1913. 9
S
EC. 502. (a) None of the funds made available in 10
title III of this Act may be transferred to any department, 11
agency, or instrumentality of the United States Govern-12
ment, except pursuant to a transfer made by or transfer 13
authority provided in this Act or any other appropriations 14
Act for any fiscal year, transfer authority referenced in 15
the report accompanying this Act, or any authority where-16
by a department, agency, or instrumentality of the United 17
States Government may provide goods or services to an-18
other department, agency, or instrumentality. 19
(b) None of the funds made available for any depart-20
ment, agency, or instrumentality of the United States 21
Government may be transferred to accounts funded in title 22
III of this Act, except pursuant to a transfer made by or 23
transfer authority provided in this Act or any other appro-24
priations Act for any fiscal year, transfer authority ref-25 81 
•S 2443 RS
erenced in the report accompanying this Act, or any au-1
thority whereby a department, agency, or instrumentality 2
of the United States Government may provide goods or 3
services to another department, agency, or instrumen-4
tality. 5
(c) The head of any relevant department or agency 6
funded in this Act utilizing any transfer authority shall 7
submit to the Committees on Appropriations of both 8
Houses of Congress a semiannual report detailing the 9
transfer authorities, except for any authority whereby a 10
department, agency, or instrumentality of the United 11
States Government may provide goods or services to an-12
other department, agency, or instrumentality, used in the 13
previous 6 months and in the year-to-date. This report 14
shall include the amounts transferred and the purposes 15
for which they were transferred, and shall not replace or 16
modify existing notification requirements for each author-17
ity. 18
S
EC. 503. None of the funds made available by this 19
Act may be used in contravention of Executive Order No. 20
12898 of February 11, 1994 (Federal Actions to Address 21
Environmental Justice in Minority Populations and Low- 22
Income Populations). 23
S
EC. 504. (a) None of the funds made available in 24
this Act may be used to maintain or establish a computer 25 82 
•S 2443 RS
network unless such network blocks the viewing, 1
downloading, and exchanging of pornography. 2
(b) Nothing in subsection (a) shall limit the use of 3
funds necessary for any Federal, State, Tribal, or local 4
law enforcement agency or any other entity carrying out 5
criminal investigations, prosecution, or adjudication activi-6
ties. 7
S
EC. 505. Funds made available in this Act shall be 8
allocated solely in accordance with the provisions of this 9
Act and the report accompanying this Act. 10
S
EC. 506. Each amount designated in this Act by the 11
Congress as an emergency requirement pursuant to sec-12
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-13
gency Deficit Control Act of 1985 shall be available (or 14
rescinded, if applicable) only if the President subsequently 15
so designates all such amounts and transmits such des-16
ignations to the Congress. 17
This Act may be cited as the ‘‘Energy and Water De-18
velopment and Related Agencies Appropriations Act, 19
2024’’. 20  Calendar No. 
145 
118
TH
CONGRESS 
1
ST
S
ESSION
 
S. 2443 
[Report No. 118–72] 
A BILL 
Making appropriations for energy and water devel-
opment and related agencies for the fiscal year 
ending September 30, 2024, and for other pur-
poses. 
J
ULY
20, 2023 
Read twice and placed on the calendar