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Division D — Energy and Water Development and Related Agencies Appropriations Act, 2024

H.R. 4366 · 118th Congress · Mar 9, 2024 · Lineage

D Energy and Water Development and Related Agencies Appropriations Act, 2024

I Corps of Engineers—civil

Sec. 101

(a)
None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2024, shall be available for obligation or expenditure through a reprogramming of funds that:
(1)
creates or initiates a new program, project, or activity;
(2)
eliminates a program, project, or activity;
(3)
increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(4)
proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(5)
augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(6)
Investigations— For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;
(7)
Construction— For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses;
(8)
Operation and maintenance— Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation;
(9)
Mississippi river and tributaries— The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and
(10)
Formerly utilized sites remedial action program— Reprogramming of up to 15 percent of the base of the receiving project is permitted.
(b)
De minimus reprogrammings— In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress.
(c)
Continuing authorities program— Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program.
(d)
Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include:
(1)
A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level;
(2)
A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and
(3)
An identification of items of special congressional interest.

Sec. 102

The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Sec. 103

None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101.

Sec. 104

The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $8,200,000 of funds provided in this title under the heading “Operation and Maintenance” to mitigate for fisheries lost due to Corps of Engineers projects.

Sec. 105

None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211).

Sec. 106

None of the funds made available by this Act may be used to carry out any water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).

Sec. 107

Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers.

Sec. 108

None of the funds made available by this Act or any prior Act may be used to alter the eligibility requirements for assistance under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) in effect on November 14, 2022, without express authorization by Congress.

Sec. 109

Notwithstanding any other requirement, the remaining unobligated balances from amounts made available under the heading “Corps of Engineers—Civil—Construction” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) for which spend plan allocations have not been announced as of the date of enactment of this Act (other than such balances otherwise repurposed by the third proviso under such heading in this title) may be made available for projects, in addition to amounts otherwise made available for such purposes and regardless of project purpose, that have previously received funds under the heading “Construction” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123) subject to the terms and conditions of such title IV of division B as applicable and as specifically modified by section 111 of this Act, or in chapter 4 of title X of the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113–2) subject to the terms and conditions of such chapter 4 of title X as applicable and as specifically modified by section 111 of this Act, and for which non-Federal interests have entered into binding agreements with the Secretary as of the date of enactment of this Act: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.

Sec. 110

The remaining unobligated balances from amounts provided under the heading “Construction” in title IV of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43) for which spend plan allocations were announced prior to the date of enactment of this Act shall be reallocated to the same project, including modifications thereto, and in addition to amounts otherwise made available for such purpose, that has previously received funds under such heading in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123), subject to the terms and conditions of such title IV of division B of Public Law 115–123 as applicable and as specifically modified by section 111 of this Act: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 111

Studies or projects receiving funds under the following headings in the following Acts as of the date of enactment of this Act are not required to be completed with such funds and may receive funds from this Act or future Acts, and any additional funds for such studies and projects shall be subject to the same terms and conditions applicable to the following headings in the following Acts—
(1)
“Investigations” or “Construction” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123);
(2)
“Corps of Engineers—Civil—Construction” in chapter 4 of title X of the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113–2); and
(3)
“Corps of Engineers—Civil—Investigations” in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58).

Sec. 112

Of the unobligated balances from prior year appropriations made available to “Corps of Engineers—Civil”, the following funds shall be transferred from the following accounts and programs in the specified amounts to “Corps of Engineers—Civil—Investigations” and, in addition to amounts otherwise made available for such purposes, shall be used for studies that have previously received funds provided under the heading “Investigations” in title IV of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123) or under such heading in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and for which non-Federal interests have entered into feasibility cost sharing agreements with the Secretary as of the date of enactment of this Act—
(1)
$371,293.38 from the unobligated balances under the heading “Construction” in chapter 3 of title I of division B of Public Law 109–148;
(2)
$562,613.89 from the unobligated balances under the heading “Operation and Maintenance” in chapter 3 of title I of division B of Public Law 109–148 that were provided for the Mississippi River-Gulf Outlet channel;
(3)
$38,873.32 from the unobligated balances under the heading “Construction” in chapter 3 of title II of Public Law 109–234 that were provided for the Lake Pontchartrain and Vicinity project, the North Padre Island, Texas project, the Sacramento, California, Area project, and the Hawaii Water Systems Technical Assistance Program;
(4)
$95.55 from the combined unobligated balances under the “Construction” headings in chapter 3 of title IV and chapter 3 of title V of Public Law 110–28;
(5)
$83,734.13 from the unobligated balances under the heading “Construction” in chapter 3 of title III of Public Law 110–252, including amounts that were provided for the Lake Pontchartrain and Vicinity project, the West Bank and Vicinity project, and the Southeast Louisiana Urban Drainage project;
(6)
$2,122.56 from the unobligated balances under the heading “Operation and Maintenance” in chapter 3 of title III of Public Law 110–252;
(7)
$10.72 from the unobligated balances under the heading “Mississippi River and Tributaries” in chapter 3 of title III of Public Law 110–252;
(8)
$274,678.03 from the unobligated balances under the heading “Construction” in chapter 3 of title I of division B of Public Law 110–329 that were provided for the Lake Pontchartrain and Vicinity project, the West Bank and Vicinity project, and the Southeast Louisiana Urban Drainage project;
(9)
$267,434.81 from the unobligated balances under the heading “Operation and Maintenance” in chapter 3 of title I of division B of Public Law 110–329;
(10)
$0.02 from the unobligated balances under the heading “Operation and Maintenance” in title IV of Public Law 111–32;
(11)
$246,869.24 from the unobligated balances under the heading “Operation and Maintenance” in chapter 4 of title I of Public Law 111–212; and
(12)
$2,643,142.04 from the unobligated balances under the heading “Operation and Maintenance” in title I of Public Law 112–77:

II Department of the Interior

Sec. 201

(a)
None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2024, shall be available for obligation or expenditure through a reprogramming of funds that—
(1)
initiates or creates a new program, project, or activity;
(2)
eliminates a program, project, or activity;
(3)
increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(4)
restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(5)
transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress:
(A)
15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or
(B)
$400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year;
(6)
transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or
(7)
transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress.
(b)
Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category.
(c)
For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity.
(d)
Except as provided in subsections (a) and (b), the amounts made available in this title under the heading “Bureau of Reclamation—Water and Related Resources” shall be expended for the programs, projects, and activities specified in the “Final Bill” columns in the “Water and Related Resources” table included under the heading “Title II—Department of the Interior” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(e)
The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act.

Sec. 202

(a)
None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.
(b)
The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the “Cleanup Program—Alternative Repayment Plan” and the “SJVDP—Alternative Repayment Plan” described in the report entitled “Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995”, prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.

Sec. 203

Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “$820,000,000” and inserting “$920,000,000”.

Sec. 204

(a)
Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of Public Law 117–103, shall be applied by substituting “2024” for “2022” each place it appears.
(b)
Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) is amended by striking “$25,000,000” and inserting “$30,000,000”.

Sec. 205

Section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting “2024” for “2022”.

Sec. 206

(a)
Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting “2024” for “2022”.
(b)
Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting “2024” for “2022” and by substituting “$130,000,000” for “$120,000,000”.

Sec. 207

Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting “2024” for “2023”.

III Department of Energy

Sec. 301

(a)
No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress.
(b)
(1)
Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to—
(A)
make a grant allocation or discretionary grant award totaling $1,000,000 or more;
(B)
make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C)
provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more;
(D)
provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more;
(E)
issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or
(F)
announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D).
(2)
The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter.
(3)
The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made.
(c)
The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading “Department of Energy—Energy Programs”, enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless—
(1)
the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or
(2)
the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance.
(d)
Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(e)
The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act.
(f)
None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that—
(1)
creates, initiates, or eliminates a program, project, or activity;
(2)
increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or
(3)
reduces funds that are directed to be used for a specific program, project, or activity by this Act.
(g)
(1)
The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security.
(2)
The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver.
(h)
The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.

Sec. 302

None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements.

Sec. 303

None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.

Sec. 304

None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures.

Sec. 305

No funds shall be transferred directly from “Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration” to the general fund of the Treasury in the current fiscal year.

Sec. 306

Only $35,000,000 of the amounts made available in this Act under the heading “Weapons Activities” for W80–4 Alteration-SLCM, as specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), shall be available for obligation until 15 days after the date on which the Administrator of the National Nuclear Security Administration certifies in writing to the Committees on Appropriations of both Houses of Congress that the Administrator is in compliance with the requirements of subsection (c) and subsection (d) of section 1642 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).

Sec. 307

(a)
Of the unobligated balances of amounts made available to the Department of Energy under each heading in title III of division J of Public Law 117–58, an amount equal to the amount transferred from each such heading as of September 30, 2023, pursuant to section 303 of Public Law 117–58 shall be transferred not later than 15 days after the date of enactment of this Act to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in Public Law 117–58: Provided, That any amounts so transferred that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
(b)
As of the date of enactment of this Act, of the amounts made available to the Department of Energy under each of sections 50121, 50141, 50142, 50143, 50144, 50145, 50151, 50152, 50153, and 50161 of Public Law 117–169, two-tenths of one percent of such amounts shall be transferred to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in Public Law 117–169: Provided, That amounts so transferred shall be derived from the unobligated balances of amounts under each such section.
(c)
Section 303 of Public Law 117–58 is amended by striking “through 2026” and inserting “and 2023, and two-tenths of such amounts made available in each of fiscal years 2024 through 2026”: Provided, That amounts repurposed pursuant to the amendments made by this subsection that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.

Sec. 308

(a)
Notwithstanding sections 161 and 167 of the Energy Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2024.
(b)
All proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2024.
(c)
Upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve.
(d)
(1)
The Secretary of Energy may not establish any new regional petroleum product reserve unless funding for the proposed regional petroleum product reserve is explicitly requested in advance in an annual budget submitted by the President pursuant to section 1105 of title 31, United States Code, and approved by the Congress in an appropriations Act.
(2)
The budget request or notification shall include—
(A)
the justification for the new reserve;
(B)
a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources;
(C)
a detailed plan for operation of the reserve, including the conditions upon which the products may be released;
(D)
the location of the reserve; and
(E)
the estimate of the total inventory of the reserve.

Sec. 309

None of the funds made available by this Act may be used to draw down and sell petroleum products from the Strategic Petroleum Reserve (1) to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or (2) except on condition that such petroleum products will not be exported to the People’s Republic of China.

Sec. 310

(a)
None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of division B of Public Law 117–167.
(b)
The Secretary shall implement the requirements under subsection (a) using a risk-based approach and analytical tools to aggregate, link, analyze, and maintain information reported by an entity seeking or receiving such funds made available by this Act.
(c)
This section shall be applied in a manner consistent with the obligations of the United States under applicable international agreements.
(d)
The Secretary shall have the authority to require the submission to the agency, by an entity seeking or receiving such funds made available by this Act, documentation necessary to implement the requirements under subsection (a).
(e)
Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to the implementation of the requirements under this section.
(f)
The Secretary and other Federal agencies shall coordinate to share relevant information necessary to implement the requirements under subsection (a).

Sec. 311

(a)
Of the unobligated amounts available under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) for fiscal years 2023, 2024, 2025, and 2026 the following shall be available, in addition to amounts otherwise made available for these purposes:
(1)
(A)
$500,000,000 for not more than two competitive awards for commercial utility deployment projects for a grid scale Generation 3+ small modular reactor design pursuant to section 959A of the Energy Policy Act of 2005, of which $200,000,000 shall be available in fiscal year 2024 and $300,000,000 shall be available in fiscal year 2025; and
(B)
up to $300,000,000 for the not more than two awards made under subparagraph (A) shall be available in fiscal year 2026.
(2)
$100,000,000 for one or more competitive awards to support design, licensing, supplier development, and site preparation of a grid-scale Generation 3+ reactor design under the Advanced Small Modular Reactor RD&D program.
(3)
(A)
$50,000,000 for university and college-based nuclear reactor safety training as authorized by law, including section 31 of the Atomic Energy Act of 1954, section 4 of the Nuclear Safety, Research, Demonstration, and Development Act of 1980, and section 10745 of the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167); and
(B)
up to $50,000,000 for the training under subparagraph (A) shall be available in fiscal year 2025.
(b)
Provided further, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.

Sec. 312

(a)
Of the unobligated balances from amounts previously appropriated under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that were made available for fiscal years 2022, 2023, and 2024, up to $2,720,000,000 shall be available, in addition to amounts otherwise available, for necessary expenses to carry out the Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31)): Provided, That if insufficient unobligated balances are available from such fiscal year 2022, 2023, and 2024 amounts to fund a total amount for such purpose of up to $2,720,000,000, then up to $800,000,000 from amounts previously appropriated under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that are made available for fiscal year 2025 may be made available, in addition to amounts otherwise available, for such purpose to meet such total amount: Provided further, That amounts repurposed pursuant to this section may be transferred to “Department of Energy—Energy Programs—American Energy Independence Fund” in either fiscal year 2024 or fiscal year 2025: Provided further, That the Secretary of Energy may use the amounts repurposed, transferred, or otherwise made available pursuant to this section to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, as authorized by section 646(a) of the Department of Energy Organization Act (42 U.S.C. 7256(a)), for such periods of time and subject to such terms and conditions as the Secretary deems appropriate, without regard to section 161(u) of the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)): Provided further, That notwithstanding 31 U.S.C. 3302, receipts from the sale or transfer of LEU and HALEU or from any other transaction in connection with the amounts repurposed, transferred, or otherwise made available pursuant to this section shall hereafter be credited to the “American Energy Independence Fund” as discretionary offsetting collections and shall be available, for the same purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advance in appropriations Acts: Provided further, That receipts may hereafter be collected from transactions entered into pursuant to section 2001(a)(2)(F)(iii) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)(iii)) and, notwithstanding 31 U.S.C. 3302, receipts from any transaction entered into pursuant to section 2001(a)(2)(F)(ii) and (iii) of such Act (42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall hereafter be credited to the “American Energy Independence Fund” as discretionary offsetting collections and shall be available, for the same purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advance in appropriations Acts: Provided further, That the Secretary of Energy may use funds repurposed, transferred, or otherwise made available pursuant to this section for a commitment only if the full extent of the anticipated costs stemming from that commitment is recorded as an obligation at the time that the commitment is made and only to the extent that up-front obligation is recorded in full at that time: Provided further, That amounts repurposed or transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
(b)
Amounts may not be repurposed or transferred pursuant to this section until a law is enacted or administrative action is taken to prohibit or limit importation of LEU and HALEU from the Russian Federation or by a Russian entity into the United States.
(c)
The Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31)) is amended—
(1)
in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as follows—

“(i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; and”

(2)
in subjection (j) to read as follows—

“(j) Reasonable compensation—In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section.”

Sec. 313

(a)
Subject to subsection (b), none of the funds made available to the Department of Energy in this or any other Act, including prior Acts and Acts other than appropriations Acts, may be used to pay the salaries and expenses of any contractor detailed to a Congressional Committee or Member Office or to the Executive Branch for longer than a 24-month period, to perform a scope of work, or participate in any matter, with the intent to influence decisions or determinations regarding a Department of Energy National Laboratory, or participate in any matter that may have a direct and predictable effect on the contractor’s employer or personal financial interest: Provided, That with respect to contractors detailed to a Congressional Committee or Member Office or to the Executive Branch as of the date of enactment of this Act, the initial 24-month period described in this subsection shall be deemed to have begun on the later of the date on which such contractor was detailed or the date that is 12 months before the date of enactment of this Act.
(b)
For the purposes of this section, the term contractor is defined to mean any contracted employee of a Department of Energy National Laboratory, as defined by section 2 (3) of the Energy Policy Act of 2005 (42 U.S.C. 15801).

Sec. 314

(a)
The fifty-first proviso under the heading “Energy Efficiency and Renewable Energy” in title III of division J of Public Law 117–58 is amended by striking “three percent” each place it appears and inserting “five percent”.
(b)
The eighth proviso under the heading “Cybersecurity, Energy Security, and Emergency Response” in title III of division J of Public Law 117–58 is amended by striking “three percent” each place it appears and inserting “five percent ”.
(c)
The tenth proviso under the heading “Electricity” in title III of division J of Public Law 117–58 is amended by striking “three percent” each place it appears and inserting “five percent”.
(d)
The twenty-second proviso under the heading “Fossil Energy and Carbon Management” in title III of division J of Public Law 117–58 is amended by striking “three percent” each place it appears and inserting “five percent”.
(e)
The twenty-sixth proviso under the heading “Office of Clean Energy Demonstrations” in title III of division J of Public Law 117–58 is amended by striking “three percent” each place it appears and inserting “five percent”.
(f)
Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.

IV Independent Agencies

Sec. 401

The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies.

Sec. 402

(a)
The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act.
(b)
(1)
The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security.
(2)
The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities.
(c)
Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(d)
None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act.
(e)
The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations—
(1)
total budget authority;
(2)
total unobligated balances; and
(3)
total unliquidated obligations.

V General Provisions

Sec. 501

None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

Sec. 502

(a)
None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b)
None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(c)
The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.

Sec. 503

(a)
None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b)
Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

Sec. 504

None of the funds appropriated or otherwise made available by this Act may be used to admit any non-US citizen from Russia or China to any nuclear weapons production facility, as such term is defined in section 4002 of the Atomic Energy Defense Act, other than areas accessible to the general public, unless 30 days prior to facility admittance, the Department of Energy provides notification to the Committees on Appropriations and Armed Services of both Houses of Congress.