[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4394 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 98
118th CONGRESS
   1st Session
                                H. R. 4394

                          [Report No. 118-126]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2024, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2023

  Mr. Fleischmann, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled, That

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects, and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $136,087,000, to 
remain available until expended:  Provided, That the Secretary shall 
not deviate from the work plan, once the plan has been submitted to the 
Committees on Appropriations of both Houses of Congress.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,889,942,000, to remain available until expended; of which 
$74,152,000, to be derived from the Harbor Maintenance Trust Fund, 
shall be to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program; and 
of which such sums as are necessary to cover 35 percent of the costs of 
construction, replacement, rehabilitation, and expansion of inland 
waterways projects shall be derived from the Inland Waterways Trust 
Fund, except as otherwise specifically provided for in law:  Provided, 
That the Secretary shall not deviate from the work plan, once the plan 
has been submitted to the Committees on Appropriations of both Houses 
of Congress.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $364,349,000, to remain 
available until expended, of which $5,457,000, to be derived from the 
Harbor Maintenance Trust Fund, shall be to cover the Federal share of 
eligible operation and maintenance costs for inland harbors:  Provided, 
That the Secretary shall not deviate from the work plan, once the plan 
has been submitted to the Committees on Appropriations of both Houses 
of Congress.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $5,496,622,000, to remain available until 
expended, of which $2,691,391,000, to be derived from the Harbor 
Maintenance Trust Fund, shall be to cover the Federal share of eligible 
operations and maintenance costs for coastal harbors and channels, and 
for inland harbors; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land and 
Water Conservation Fund Act of 1965 shall be derived from that account 
for resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; of which such sums as become available from 
fees collected under section 217 of Public Law 104-303 shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which such fees have been collected; and of 
which $58,000,000, to be derived from the general fund of the Treasury, 
shall be to carry out subsection (c) of section 2106 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and 
shall be designated as being for such purpose pursuant to paragraph (2) 
of section 14003 of division B of the Coronavirus Aid, Relief, and 
Economic Security Act (Public Law 116-136):  Provided, That 1 percent 
of the total amount of funds provided for each of the programs, 
projects, or activities funded under this heading shall not be 
allocated to a field operating activity prior to the beginning of the 
fourth quarter of the fiscal year and shall be available for use by the 
Chief of Engineers to fund such emergency activities as the Chief of 
Engineers determines to be necessary and appropriate, and that the 
Chief of Engineers shall allocate during the fourth quarter any 
remaining funds which have not been used for emergency activities 
proportionally in accordance with the amounts provided for the 
programs, projects, or activities:  Provided further, That the 
Secretary shall not deviate from the work plan, once the plan has been 
submitted to the Committees on Appropriations of both Houses of 
Congress.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $218,000,000, to remain 
available until September 30, 2025.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $200,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$40,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $215,000,000, to remain available until September 30, 2025, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal year:  
Provided, That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of the 
Office of the Chief of Engineers or the civil works executive direction 
and management activities of the division offices:  Provided further, 
That any Flood Control and Coastal Emergencies appropriation may be 
used to fund the supervision and general administration of emergency 
operations, repairs, and other activities in response to any flood, 
hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2025:  Provided, That not more than 25 
percent of such amount may be obligated or expended until the Assistant 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress the report required under section 101(d) of this Act and a 
work plan that allocates at least 95 percent of the additional funding 
provided under each heading in the report accompanying this Act to 
specific programs, projects, or activities.

      water infrastructure finance and innovation program account

    For administrative expenses to carry out the direct and guaranteed 
loan programs authorized by the Water Infrastructure Finance and 
Innovation Act of 2014, $5,000,000, to remain available until September 
30, 2025.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    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 report accompanying this 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.  None of the funds made available by this Act or any 
other Act may be used to reorganize or to transfer the Civil Works 
functions or authority of the Corps of Engineers or the Secretary of 
the Army to another department or agency.
    Sec. 108.  Additional funding provided in this Act shall be 
allocated only to projects determined to be eligible by the Chief of 
Engineers.
    Sec. 109.  The rule submitted by the Department of the Army, Corps 
of Engineers, Department of Defense, and the Environmental Protection 
Agency relating to ``Revised Definition of `Waters of the United 
States''' (88 Fed. Reg. 3004 (January 18, 2023)) shall have no force or 
effect.
    Sec. 110.  As of the date of enactment of this Act and each fiscal 
year thereafter, the Secretary of the Army shall not promulgate or 
enforce any regulation that prohibits an individual from possessing a 
firearm, including an assembled or functional firearm, at a water 
resources development project covered under section 327.0 of title 36, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act) if:
            (1) the individual is not otherwise prohibited by law from 
        possessing a firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.
    Sec. 111.  None of the funds made available by this Act or any 
other Act in any fiscal year 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. 112.  Notwithstanding any other requirement, 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 may be made available for projects, regardless of project purpose, 
that have previously received funds under the heading ``Corps of 
Engineers--Civil--Construction'' in the Bipartisan Budget Act of 2018 
(Public Law 115-123) 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 projects receiving Infrastructure 
Investment and Jobs Act (Public Law 117-58) funding pursuant to this 
section shall be subject only to the terms and conditions of the 
Bipartisan Budget Act of 2018 (Public Law 115-123):  Provided further, 
That amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or 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.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $23,000,000, to remain available until expended, of 
which $4,650,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission:  Provided, That of the amount 
provided under this heading, $1,750,000 shall be available until 
September 30, 2025, for expenses necessary in carrying out related 
responsibilities of the Secretary of the Interior:  Provided further, 
That for fiscal year 2024, of the amount made available to the 
Commission under this Act or any other Act, the Commission may use an 
amount not to exceed $1,990,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian Tribes, 
and others, $1,693,366,000, to remain available until expended, of 
which $1,051,000 shall be available for transfer to the Upper Colorado 
River Basin Fund and $7,584,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam Fund:  
Provided, That $500,000 shall be available for transfer into the Aging 
Infrastructure Account established by section 9603(d)(1) of the Omnibus 
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):  
Provided further, That such transfers, except for the transfer 
authorized by the preceding proviso, may be increased or decreased 
within the overall appropriation under this heading:  Provided further, 
That of the total appropriated, the amount for program activities that 
can be financed by the Reclamation Fund, the Water Storage Enhancement 
Receipts account established by section 4011(e) of Public Law 114-322, 
or the Bureau of Reclamation special fee account established by 16 
U.S.C. 6806 shall be derived from that Fund or account:  Provided 
further, That funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which the funds were contributed:  
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading:  Provided 
further, That of the amounts made available under this heading, 
$5,500,000 shall be deposited in the San Gabriel Basin Restoration Fund 
established by section 110 of title I of division B of appendix D of 
Public Law 106-554:  Provided further, That of the amounts provided 
herein, funds may be used for high-priority projects which shall be 
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706:  Provided further, That within available funds, $250,000 shall be 
for grants and financial assistance for educational activities:  
Provided further, That in accordance with section 4007 of Public Law 
114-322 and as recommended by the Secretary in letters dated February 
13, 2019, June 22, 2020, and December 3, 2020, funding provided for 
such purpose in this and prior fiscal years shall be made available to 
the Shasta Dam and Reservoir Enlargement Project.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, such sums as may be collected in fiscal 
year 2024 in the Central Valley Project Restoration Fund pursuant to 
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to 
remain available until expended:  Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575:  Provided further, That none of the 
funds made available under this heading may be used for the acquisition 
or leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $33,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes:  
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of Calfed Program management:  Provided further, 
That Calfed implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the six regions of the Bureau of Reclamation, to remain 
available until September 30, 2025, $65,079,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377, 
of which not to exceed $5,000 may be used for official reception and 
representation expenses:  Provided, That no part of any other 
appropriation in this Act shall be available for activities or 
functions budgeted as policy and administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase and replacement of not to exceed 30 motor vehicles, which are 
for replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE 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 ``House Recommended'' columns 
in the ``Water and Related Resources'' table included under the heading 
``Title II--Department of the Interior'' in the report accompanying 
this 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.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,994,000,000, to 
remain available until expended:  Provided, That of such amount, 
$223,000,000 shall be available until September 30, 2025, for program 
direction.

         Cybersecurity, Energy Security, and Emergency Response

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy sector cybersecurity, energy security, 
and emergency response activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $200,000,000, to remain available until expended:  Provided, 
That of such amount, $25,143,000 shall be available until September 30, 
2025, for program direction.

                              Electricity

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $315,600,000, to remain available until 
expended:  Provided, That of such amount, $23,000,000 shall be 
available until September 30, 2025, for program direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $1,783,000,000, to remain available until 
expended.  Provided, That of such amount, $85,500,000 shall be 
available until September 30, 2025, for program direction:  Provided 
further, That for the purpose of section 954(a)(6) of the Energy Policy 
Act of 2005, as amended, the only amount available shall be from the 
amount specified as including that purpose in the ``House Recommended'' 
column in the ``Department of Energy'' table included under the heading 
``Title III--Department of Energy'' in the report accompanying this 
Act.

                  Fossil Energy and Carbon Management

    For Department of Energy expenses necessary in carrying out fossil 
energy and carbon management research and development activities, under 
the authority of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition of interest, including 
defeasible and equitable interests in any real property or any facility 
or for plant or facility acquisition or expansion, and for conducting 
inquiries, technological investigations and research concerning the 
extraction, processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $857,904,000, to remain available until expended:  Provided, 
That of such amount $70,000,000 shall be available until September 30, 
2025, for program direction.

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $13,010,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $280,969,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $7,150,000, to remain available until expended.

                   Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $135,000,000, to 
remain available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $341,700,000, to remain available until 
expended:  Provided, That in addition, fees collected pursuant to 
subsection (b)(1) of section 6939f of title 42, United States Code, and 
deposited under this heading in fiscal year 2024 pursuant to section 
309 of title III of division C of Public Law 116-94 are appropriated, 
to remain available until expended, for mercury storage costs.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$865,208,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$10,000,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 35 passenger motor vehicles, 
$8,100,000,000, to remain available until expended:  Provided, That of 
such amount, $211,211,000 shall be available until September 30, 2025, 
for program direction.

                         Nuclear Waste Disposal

    For Department of Energy expenses necessary for nuclear waste 
disposal activities to carry out the purposes of the Nuclear Waste 
Policy Act of 1982, Public Law 97-425, as amended, $12,040,000, to 
remain available until expended, which shall be derived from the 
Nuclear Waste Fund.

                         Technology Transitions

    For Department of Energy expenses necessary for carrying out the 
activities of technology transitions, $22,098,000, to remain available 
until expended:  Provided, That of such amount, $13,183,000 shall be 
available until September 30, 2025, for program direction.

                      Clean Energy Demonstrations

    For Department of Energy expenses necessary to carry out program 
direction of the Office of Clean Energy Demonstrations, $35,000,000, to 
remain available until September 30, 2025.

               Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $470,000,000, to remain available until expended:  
Provided, That of such amount, $37,000,000 shall be available until 
September 30, 2025, for program direction.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:  Provided, That for 
necessary administrative expenses of the Title 17 Innovative Technology 
Loan Guarantee Program, as authorized, $70,000,000 is appropriated, to 
remain available until September 30, 2025:  Provided further, That up 
to $70,000,000 of fees collected in fiscal year 2024 pursuant to 
section 1702(h) of the Energy Policy Act of 2005 shall be credited as 
offsetting collections under this heading and used for necessary 
administrative expenses in this appropriation and shall remain 
available until September 30, 2025:  Provided further, That to the 
extent that fees collected in fiscal year 2024 exceed $70,000,000, 
those excess amounts shall be credited as offsetting collections under 
this heading and available in future fiscal years only to the extent 
provided in advance in appropriations Acts:  Provided further, That the 
sum herein appropriated from the general fund shall be reduced (1) as 
such fees are received during fiscal year 2024 (estimated at 
$70,000,000) and (2) to the extent that any remaining general fund 
appropriations can be derived from fees collected in previous fiscal 
years that are not otherwise appropriated, so as to result in a final 
fiscal year 2024 appropriation from the general fund estimated at $0:  
Provided further, That the Department of Energy shall not subordinate 
any loan obligation to other financing in violation of section 1702 of 
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation 
to any loan or other debt obligations in violation of section 609.10 of 
title 10, Code of Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $13,000,000, to remain available until September 30, 2025.

                  Tribal Energy Loan Guarantee Program

    For Department of Energy administrative expenses necessary in 
carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to 
remain available until September 30, 2025.

                   Indian Energy Policy and Programs

    For necessary expenses for Indian Energy activities in carrying out 
the purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), $75,000,000, to remain available until expended:  
Provided, That of the amount appropriated under this heading, 
$14,000,000 shall be available until September 30, 2025, for program 
direction.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$383,578,000, to remain available until September 30, 2025, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That such increases 
in cost of work are offset by revenue increases of the same or greater 
amount:  Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $100,578,000 in fiscal year 
2024 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided further, 
That the sum herein appropriated shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2024 appropriation from the general fund estimated at not more than 
$283,000,000.

                    Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$92,000,000, to remain available until September 30, 2025.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $19,114,167,000, to 
remain available until expended:  Provided, That of such amount, 
$118,056,000 shall be available until September 30, 2025, for program 
direction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,380,037,000, to 
remain available until expended.

                             Naval Reactors

                     (including transfer of funds)

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,946,049,000, 
to remain available until expended, of which $99,747,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'', for the Advanced Test Reactor:  Provided, That of such 
amount, $61,540,000 shall be available until September 30, 2025, for 
program direction.

                     Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $518,994,000, to remain 
available until September 30, 2025, including official reception and 
representation expenses not to exceed $17,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $7,073,556,000, to 
remain available until expended:  Provided, That of such amount, 
$326,893,000 shall be available until September 30, 2025, for program 
direction.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,075,197,000, to remain available until expended:  
Provided, That of such amount, $381,460,000 shall be available until 
September 30, 2025, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$5,000:  Provided, That during fiscal year 2024, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $8,449,000, including official 
reception and representation expenses in an amount not to exceed 
$1,500, to remain available until expended:  Provided, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944, up to $8,449,000 collected by the Southeastern Power 
Administration from the sale of power and related services shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the Southeastern Power Administration:  Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2024 appropriation estimated at not more 
than $0:  Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$71,850,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $52,326,000, to remain available until expended:  
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $40,886,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2024 appropriation 
estimated at not more than $11,440,000:  Provided further, That 
notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $313,289,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $313,289,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $213,417,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2024 appropriation 
estimated at not more than $99,872,000, of which $99,872,000 is derived 
from the Reclamation Fund:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures:  Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $3,425,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255):  Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $3,197,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities:  Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2024 appropriation estimated at not more than $228,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred:  Provided further, That for fiscal year 2024, the 
Administrator of the Western Area Power Administration may accept up to 
$1,872,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose:  Provided further, 
That any such funds shall be available without further appropriation 
and without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, official reception and representation expenses not to 
exceed $3,000, and the hire of passenger motor vehicles, $520,000,000, 
to remain available until expended:  Provided, That notwithstanding any 
other provision of law, not to exceed $520,000,000 of revenues from 
fees and annual charges, and other services and collections in fiscal 
year 2024 shall be retained and used for expenses necessary in this 
account, and shall remain available until expended:  Provided further, 
That the sum herein appropriated from the general fund shall be reduced 
as revenues are received during fiscal year 2024 so as to result in a 
final fiscal year 2024 appropriation from the general fund estimated at 
not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

             (including rescissions and transfers of funds)

    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) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or 
        (B); or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).
    (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 ``House 
Recommended'' column in the ``Department of Energy'' table included 
under the heading ``Title III--Department of Energy'' in the report 
accompanying this 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.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2024 until the enactment of the Intelligence 
Authorization Act for fiscal year 2024.
    Sec. 303.  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. 304.  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. 305.  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. 306.  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. 307.  None of the funds made available by this Act may be used 
to finalize, implement, administer, or enforce an energy efficiency 
standard that increases efficiency standards on distribution 
transformers, including the proposed rule entitled ``Energy 
Conservation Program: Energy Conservation Standards for Distribution 
Transformers'' published by the Department of Energy in the Federal 
Register on January 11, 2023 (88 Fed. Reg. 1722) or any substantially 
similar rule.
    Sec. 308.  Notwithstanding section 301(c) of this Act, none of the 
funds made available under the heading ``Department of Energy--Energy 
Programs--Science'' may be used for a multiyear contract, grant, 
cooperative agreement, or Other Transaction Agreement of $5,000,000 or 
less unless the contract, grant, cooperative agreement, or Other 
Transaction Agreement is funded for the full period of performance as 
anticipated at the time of award.
    Sec. 309. (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 the date of enactment of this Act pursuant to 
section 303 of Public Law 117-58 shall be transferred on October 1, 
2023, 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 the Balanced Budget and Emergency Deficit Control Act of 
1985 or 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.
    (b) Beginning on October 1, 2023, 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--
            (1) striking ``One-tenth'' and inserting ``(a) Except as 
        provided in subsection (b), one-tenth''; and
            (2) adding at the end the following new provision:
                    ``(b) Beginning on October 1, 2023, of the amounts 
                made available to the Department of Energy under each 
                heading in this title in this Act, two-tenths of one 
                percent of such amounts in each of fiscal years 2024 
                through 2026 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 this title in this Act:  Provided, That any 
                amounts so transferred that were previously designated 
                by the Congress as an emergency requirement pursuant to 
                the Balanced Budget and Emergency Deficit Control Act 
                of 1985 or 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. 310. (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 submission 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. 311.  Of the authority made available in Public Law 117-328 
for the Title 17 Innovative Technology Loan Guarantee Program for 
commitments to guarantee loans for eligible projects under title XVII 
of the Energy Policy Act of 2005, a total principal of $15,000,000,000 
is hereby permanently rescinded.
    Sec. 312. (a) Of the unobligated balances from amounts made 
available in section 50131 of Public Law 117-169, $1,000,000,000 are 
hereby permanently rescinded.
    (b) Of the unobligated balances from amounts made available in 
section 50122 of Public Law 117-169, $4,500,000,000 are hereby 
permanently rescinded.
    (c) Of the unobligated balances from amounts made available in 
section 50123 of Public Law 117-169, $200,000,000 are hereby 
permanently rescinded.
    Sec. 313.  None of the funds appropriated or otherwise made 
available by this Act may be expended to support the Department of 
Energy Justice40 initiative as defined by or required by Executive 
Order 14008.
    Sec. 314.  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. 315.  The funds made available to the Department of Energy in 
this Act shall be applied in a manner consistent with subtitle D of 
title VI of the Research and Development, Competition, and Innovation 
Act (enacted as division B of the CHIPS Act of 2022 (Public Law 117-
167; 42 U.S.C. 19231 et seq.)).
    Sec. 316. (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 2024, 2025, and 2026, the following are 
available, in addition to amounts otherwise made available for these 
purposes:
            (1) (A) $2,400,000,000 for Advanced Nuclear Fuel 
        Availability, of which $800,000,000, to remain available until 
        expended, shall be available in each of fiscal years 2024, 
        2025, 2026.
                    (B) Funds available under subparagraph (A) shall 
                only be available if a law is enacted after May 1, 
                2023, that specifically authorizes a program for the 
                Secretary of Energy to support the availability of low-
                enriched uranium, including high-assay low-enriched 
                uranium, for civilian domestic research, development, 
                demonstration, and commercial use.
            (2) $1,197,000,000 to carry out the ongoing demonstration 
        project under the Advanced Small Modular Reactor RD&D program, 
        of which $399,000,000, to remain available until expended, 
        shall be available in each of fiscal years 2024, 2025, and 
        2026.
    (b) Amounts repurposed pursuant to this paragraph that were 
previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 or 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. 317.  None of the funds made available in this title may be 
used to finalize, implement, administer, or enforce the proposed rule 
titled ``Energy Conservation Program: Energy Conservation Standards for 
Consumer Conventional Cooking Products; Supplemental Notice of Proposed 
Rulemaking and announcement of public meeting'' (88 Fed. Reg. 6818; 
published February 1, 2023) with respect to energy conservation 
standards for gas kitchen ranges and ovens, or any substantially 
similar rule, including any rule that would directly or indirectly 
limit consumer access to gas kitchen ranges or ovens.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, and for 
expenses necessary for the Federal Co-Chairman and the Alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$200,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $45,000,000, to 
remain available until September 30, 2025, of which not to exceed 
$1,000 shall be available for official reception and representation 
expenses.

                        Delta Regional Authority

                         salaries and expenses

    For expenses necessary for the Delta Regional Authority and to 
carry out its activities, as authorized by the Delta Regional Authority 
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said 
Act, $31,100,000, to remain available until expended.

                           Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $17,000,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998:  Provided, That funds shall be 
available for construction projects for which the Denali Commission is 
the sole or primary funding source in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities:  Provided further, 
That notwithstanding any other provision of law regarding payment of a 
non-Federal share in connection with a grant-in-aid program, amounts 
under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not 
the sole or primary funding source, provided that such project is 
consistent with the purposes of the Commission.

                  Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $40,000,000, to remain available until expended:  
Provided, That such amounts shall be available for administrative 
expenses, notwithstanding section 15751(b) of title 40, United States 
Code.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $20,000,000, to remain available until 
expended.

                  Southwest Border Regional Commission

    For expenses necessary for the Southwest Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $5,000,000, to remain available until expended.

                         Great Lakes Authority

    For expenses necessary for the Great Lakes Authority in carrying 
out activities authorized by subtitle V of title 40, United States 
Code, $5,000,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $960,560,450, including official representation expenses 
not to exceed $30,000, to remain available until expended:  Provided, 
That of the amount appropriated herein, not more than $10,350,720 may 
be made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2025: 
 Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $807,727,130 
in fiscal year 2024 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended:  Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2024 so as to result in a final fiscal year 2024 
appropriation estimated at not more than $152,833,320.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$18,648,340, to remain available until September 30, 2025:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $15,481,566 in fiscal year 2024 
shall be retained and be available until September 30, 2025, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code:  Provided further, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2024 so as to result in a final fiscal year 
2024 appropriation estimated at not more than $3,166,774:  Provided 
further, That of the amounts appropriated under this heading, 
$1,534,900 shall be for Inspector General services for the Defense 
Nuclear Facilities Safety Board.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100-203, section 5051, $4,064,000, 
to be derived from the Nuclear Waste Fund, to remain available until 
September 30, 2025.

                GENERAL PROVISIONS--INDEPENDENT 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 report accompanying this Act.
    (d) None of the funds provided for the Nuclear Regulatory 
Commission shall be available for obligation or expenditure through a 
reprogramming of funds that increases funds or personnel for any 
program, project, or activity for which funds are denied or restricted 
by this Act.
    (e) The Commission shall provide a monthly report to the Committees 
on Appropriations of both Houses of Congress, which includes the 
following for each program, project, or activity, including any prior 
year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

                     TITLE V--WATER FOR CALIFORNIA

    Sec. 501. Definitions. 
     In Subtitle A through Subtitle D, the following definitions apply:
            (1) Cvp.--The term ``CVP'' means the Central Valley 
        Project.
            (2) Cvp contractor.--The term ``CVP contractor'' means any 
        public water agency, water user organization, or person that 
        has entered into a contract with the United States for water 
        service from the CVP, whether in the form of a water service 
        contract, repayment contract, water rights settlement contract, 
        exchange contract, or refuge contract.
            (3) Fws biological opinion.--The term ``FWS Biological 
        Opinion'' means the United States Fish and Wildlife Service 
        ``Biological Opinion for the Reinitiation of Consultation on 
        the Coordinated Operations of the Central Valley Project and 
        State Water Project'' (Service File No. 08FBTD00-2019-F-0164) 
        signed on October 21, 2019.
            (4) Noaa biological opinion.--The term ``NOAA Biological 
        Opinion'' means the National Oceanic and Atmospheric 
        Administration Fisheries ``Biological Opinion on the Long-term 
        Operation of the Central Valley Project and the State Water 
        Project'' (Consultation Tracking Number: WCRO-2016-00069) 
        signed on October 21, 2019.
            (5) Preferred alternative.--The term ``Preferred 
        Alternative'' means the Alternative 1 (Preferred Alternative), 
        as described in the Final Environmental Impact Statement on the 
        Reinitiation of Consultation on the Coordinated Long-Term 
        Operation of the Central Valley Project and the State Water 
        Project, issued by the Bureau of Reclamation, and dated 
        December 2019.
            (6) Swp.--The term ``SWP'' means the California State Water 
        Project.
            (7) Swp contractor.--The term ``SWP contractor'' means a 
        public agency that has entered into a long-term water supply 
        contract with the California Department of Water Resources for 
        water service from the SWP.
    Sec. 502. Treatment of Funds. 
     Amounts repurposed pursuant to this title that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or 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.

                   Subtitle A--CVP and SWP Operations

    Sec. 511. Operation of the CVP and SWP.
    (a) Congressional Direction Regarding Cvp and Swp Operations.--The 
CVP and the SWP shall be operated, and reporting shall be done, in 
accordance with the Preferred Alternative and FWS Biological Opinion 
and NOAA Biological Opinion.
    (b) Exceptions.--Operation of the CVP and SWP shall proceed 
pursuant to subsection (a) of this section, except:
            (1) to the extent changes to operations are undertaken 
        pursuant to one or more agreements, which are voluntarily 
        entered into, approved, and implemented by CVP contractors, for 
        operations of the CVP, and SWP contractors, for operations of 
        the SWP, with all applicable Federal departments and the State 
        of California, including any agency or board of the State of 
        California; or
            (2) to the extent changes in operations of the CVP, SWP, or 
        both can be made while improving the supply of water available 
        to CVP contractors, SWP contractors, or both.
    (c) Costs.--No cost, including water supply, financial, 
mintigation-related, or otherwise, associated with the implementation 
of any agreement under subsection (b)(1) or the implementation of any 
reoperation under subsection (b)(2) shall be imposed by any Federal 
department or agency or the State of California, including any agency 
or board of the State of California, directly or indirectly on any CVP 
contractor, SWP contractor, or any other person or entity, unless such 
costs are incurred on a voluntary basis.
    (d) No Redirected Adverse Impacts.--The Secretary of the Interior 
and Secretary of Commerce shall not carry out any specific action 
authorized under the applicable provisions of this subtitle that would 
directly or through State agency action indirectly result in the 
involuntary reduction of water supply to an individual, district, or 
agency that has in effect a contract for water with the SWP or the CVP, 
including settlement, exchange, and refuge contracts, and Friant 
Division contracts.
    (e) Endangered Species Act.--Notwithstanding subsection (b), 
implementation of subsection (a) shall not conflict with the FWS 
Biological Opinion and the NOAA Biological Opinion.
    (f) Native Species Protection.--The State of California shall not 
impose any bag, catch, or size restriction or limit on the take or 
harvest of striped bass or any species of black bass, including 
largemouth bass, smallmouth bass, and spotted bass, that occupy the 
Sacramento-San Joaquin Rivers Delta or its tributaries.
    Sec. 512. Operations and Reviews. 
    In carrying out section 511(a), the Secretary of the Interior and 
the Secretary of Commerce shall implement their statutory authorities 
in a manner that improves water supply reliability and enables the CVP 
and SWP to provide the maximum quantity of water supplies practicable 
to CVP agricultural, municipal, and industrial contractors, water 
service or repayment contractors, water rights settlement contractors, 
exchange contractors, refuge contractors, and SWP contractors, in 
accordance with the Preferred Alternative, NOAA Biological Opinion, and 
FWS Biological Opinion.
    Sec. 513. Application of State Laws.
    (a) Reduced Water Supply.--If, as a result of the application of 
applicable State law or regulation, the State of California (including 
any agency or board of the State of California) alters operation of the 
SWP in a manner that directly or indirectly results in reduced water 
supply to the SWP as compared with the water supply available under the 
Preferred Alternative, and as a result, CVP yield is greater than it 
otherwise would have been under the Preferred Alternative, then that 
additional yield shall be made available to the SWP for delivery to SWP 
Contractors to offset that reduced water supply. If it is necessary to 
reduce water supplies for any authorized uses of the CVP or CVP 
Contractors to make available to the SWP that additional yield, such 
reductions shall be applied proportionately to those authorized uses or 
CVP contractors that benefit from that increased yield.
    (b) No Restriction of Certain Water Rights.--The State of 
California (including any agency or board of the State of California) 
shall not restrict the exercise of any water right obtained pursuant to 
State law, including but not limited to a pre-1914 appropriative right 
or riparian right in order to offset any impact resulting from the 
implementation of this subtitle on any species affected by operations 
of the CVP or the SWP.
    (c) No Involuntary Water Reduction.--The State of California 
(including any agency or board of the State of California), the 
Secretary of the Interior and Secretary of Commerce shall not take any 
action related to operation of the CVP or SWP that would directly or 
indirectly result in the involuntary reduction of water supply to any 
CVP agricultural, municipal and industrial contractor, water service or 
repayment contractor, water rights settlement contractor, exchange 
contractor, refuge contractor or any SWP contractor, as compared to the 
water supply available under the Preferred Alternative; and nothing in 
this section is intended to modify, amend, or affect any of the rights 
and obligations of the parties to such contracts.
    Sec. 514. Reconsultation of NOAA biological opinion and FWS 
biological opinion.
    (a) Requirement for Reconsultation.--
            (1) Requirement.--Unless action is taken pursuant to 
        section 101(b), neither the Secretary of the Interior, acting 
        through the Commissioner of the Bureau of Reclamation, nor the 
        Secretary of Commerce, or their designees shall commence, 
        complete, or request reinitiation of consultation on the 
        coordinated long-term operation of the Central Valley Project 
        and the State Water Project that will result in changes to or 
        the replacement of the documents listed in paragraph (2) 
        unless--
                    (A) more than 75 percent of California has 
                experienced 4 consecutive years of D3 or D4 level 
                drought, as defined by the U.S. Drought Monitor;
                    (B) the Commissioner of the Bureau of Reclamation 
                identifies one specific factor or combination of 
                factors under section 402.16 of title 50, Code of 
                Federal Regulations; and
                    (C) not fewer than 120 days before officially 
                commencing or requesting reinitiation, the Secretary of 
                the Interior notifies the Committee on Natural 
                Resources of the House of Representatives, and the 
                Committee on Energy and Natural Resources of the 
                Senate, in writing, of--
                            (i) the intent to commence or request 
                        reinitiation under this section; and
                            (ii) the detailed justification for the 
                        identification of the specific factor or 
                        combination of factors under section 402.16 of 
                        title 50, Code of Federal Regulations, that was 
                        identified to satisfy the requirement in 
                        subparagraph (B).
            (2) Documents.--The documents referred to in paragraph (1) 
        are the following:
                    (A) The FWS Biological Opinion.
                    (B) The NOAA Biological Opinion.
                    (C) The Record of Decision for the Reinitiation of 
                Consultation on the Coordinated Long-Term Modified 
                Operations of the Central Valley Project and State 
                Water Project, signed on February 18, 2020.
    (b) Applicable Procedures and Review.--For the purposes of this 
Act, before reinitiating consultation on the Long-Term Operation of the 
CVP and SWP, a request by the Secretary of the Interior, the Secretary 
of the Commerce, or any other Federal employee, to reinitiate 
consultation shall be made in writing and considered a rule under 
section 551 of title 5, United States Code, and subject to the 
requirements of sections 801 through 808 of that title.
    (c) Cooperation.--In implementing this section, the Secretary of 
the Interior and the Secretary of Commerce shall comply with 
requirements included in section 4004 of the Water Infrastructure 
Improvements for the Nation Act (Public Law 114-322).
    (d) Exclusion.--Notwithstanding subsection (b), in implementing 
this section, section 801(b)(2) of title 5, United States Code, shall 
not apply.
    Sec. 515. Sunset. 
    Sections 511 through 514 shall have no force or effect on and after 
the date that is 7 years after the date of the enactment of this Act.
    Sec. 516. Consultation on coordinated operations. 
    The Water Infrastructure Improvements for the Nation Act (Public 
Law 114-322) is amended--
            (1) in section 4004(a)--
                    (A) in the matter preceding paragraph (1), strike 
                ``public water agency that contracts'' and insert 
                ``contractor'';
                    (B) in paragraph (1), by inserting ``or proposed 
                action'' after ``biological assessment,'';
                    (C) in paragraph (2), by inserting ``or proposed 
                action'' after ``biological assessment,'';
                    (D) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively;
                    (E) after paragraph (2), by inserting the following 
                new paragraph:
            ``(3) receive a copy of the draft proposed action and have 
        the opportunity to review that document and provide comment to 
        the action agency, which comments shall be afforded due 
        consideration during development;''; and
                    (F) in paragraph (7), as redesignated by 
                subparagraph (C) of this paragraph--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``action agency proposes a 
                        proposed action or'' before ``the consulting 
                        agency'';
                            (ii) in subparagraph (A), by inserting 
                        ``proposed action or'' before ``alternative 
                        will''; and
                            (iii) in subparagraph (B), by striking 
                        ``alternative actions'' and insert ``actions or 
                        alternatives''; and
            (2) in section 4013, by deleting ``section 4004, which 
        shall expire 10 years after the date of its enactment;'' and 
        inserting ``section 4004, which shall expire on December 16, 
        2033;''.

       Subtitle B--Allocations for Sacramento Valley Contractors

    Sec. 521. Definitions. 
    In this subtitle, the following definitions apply:
            (1) The term ``existing CVP agricultural water service or 
        repayment contractor within the Sacramento River Watershed'' 
        means any water service or repayment contractor within the 
        Shasta, Trinity, or Sacramento River division of the CVP that 
        has in effect a water service or repayment contract on the date 
        of enactment of this title that provides water for irrigation.
            (2) The terms ``Above Normal'', ``Below Normal'', ``Dry'', 
        and ``Wet'', with respect to a year, have the meanings given 
        those terms in the Sacramento Valley Water Year Type (40-30-30) 
        Index.
    Sec. 522. Allocations of water. 
    Subject to section 523, the Secretary of the Interior shall make 
every reasonable effort in the operation of the CVP to allocate water 
provided for irrigation purposes to each existing CVP agricultural 
water service contractor within the Sacramento River Watershed in 
accordance with the following:
            (1) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Wet year.
            (2) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in an Above Normal year.
            (3) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Below Normal year that is 
        preceded by an Above Normal or Wet year.
            (4) Not less than 50 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Dry year that is preceded 
        by a Below Normal, Above Normal, or Wet year.
            (5) In any other year not identified in paragraphs (1) 
        through (4), not less than twice the allocation percentage to 
        south-of-Delta CVP agricultural water service contractors, up 
        to 100 percent.
    Sec. 523. Protection of refuge, municipal and industrial, and other 
contractors. 
    Nothing in section 522 shall--
            (1) adversely affect any protections for the environment, 
        including the obligation of the Secretary of the Interior to 
        make water available to managed wetlands pursuant to section 
        3406(d) of the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575; 106 Stat. 4722);
            (2) adversely affect any obligation of the Secretary of the 
        Interior or the Secretary of Commerce under the FWS Biological 
        Opinion or the NOAA Biological Opinion;
            (3) modify any provision of a water service contract that 
        addresses municipal or industrial water shortage policies of 
        the Secretary of the Interior;
            (4) affect or limit the authority of the Secretary of the 
        Interior to adopt or modify municipal and industrial water 
        shortage policies;
            (5) constrain, govern, or affect, directly or indirectly, 
        the operations of the American River division of the CVP or any 
        deliveries from that division or a unit or facility of that 
        division; or
            (6) affect any allocation to a CVP municipal or industrial 
        water service contractor by increasing or decreasing 
        allocations to the contractor, as compared to the allocation 
        the contractor would have received absent section 522.
    Sec. 524. Other contractors. 
    Nothing in section 522 shall--
            (1) affect the priority of any individual or entity with a 
        Sacramento River settlement contract over water service or 
        repayment contractors;
            (2) affect the United States ability to deliver water to 
        the San Joaquin River exchange contractors from the Sacramento 
        River and the Delta via the Delta-Mendota Canal or modify or 
        amend the rights and obligations under the Purchase Contract 
        between Miller and Lux and the United States and the Second 
        Amended Exchange Contract between the United States, Department 
        of the Interior, Bureau of Reclamation and Central California 
        Irrigation District, San Luis Canal Company, Firebaugh Canal 
        Water District and Columbia Canal Company;
            (3) affect the allocation of water to Friant division 
        contractors of the CVP;
            (4) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant division;
            (5) result in the involuntary reduction in water 
        allocations to refuge contractors; or
            (6) authorize any actions inconsistent with State water 
        rights law.

                       Subtitle C--Infrastructure

    Sec. 531. Shasta reservoir enlargement project. 
    Section 40902(a)(2) of the Infrastructure Investment and Jobs Act 
(Public Law 117-58) is amended--
            (1) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``this Act, except for any project for which--'' and 
                inserting ``this Act; or''; and
                    (B) by striking clauses (i) and (ii); and
            (2) in subparagraph (C), by striking ``(except that 
        projects described in clauses (i) and (ii) of subparagraph (B) 
        shall not be eligible)''.
    Sec. 532. Water supply plan; projects.
    (a) Plan.--Not later than 180 days after the date of the enactment 
of this Act, the Commissioner of the Bureau of Reclamation shall 
develop a water deficit report, which shall identify--
            (1) projected water supply shortages in the State of 
        California for irrigation water service, municipal and 
        industrial water service, water supply for wildlife refuges 
        supplied by the CVP or the SWP; and
            (2) infrastructure projects or actions which, if taken, 
        would--
                    (A) significantly reduce or eliminate the projected 
                water supply shortage; or
                    (B) fulfill water allocations consistent with 
                agricultural, municipal and industrial contractors, 
                water service or repayment contractors, water rights 
                settlement contractors, exchange contractors, and SWP 
                contractors with water delivery contractors on the CVP 
                and SWP.
    (b) Report to Congress.--The Commissioner of the Bureau of 
Reclamation shall provide a report described in subsection (a) to the 
House Committee on Appropriations, the Senate Committee on 
Appropriations, the House Committee on Natural Resources, the Senate 
Committee on Energy, and the Senate Committee on Natural Resources upon 
its completion.
    Sec. 533. Conservation fish hatcheries. 
    Section 4010(b)(5) of the Water Infrastructure Improvements for the 
Nation Act (Public Law 114-322) is amended by adding at the end the 
following:
                    ``(D) Semi-annual report.--The Secretary of the 
                Interior and the Secretary of Commerce shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives, and the Committee on Energy and 
                Natural Resources of the Senate semi-annual reports 
                that detail activities carried out under this 
                paragraph.''.
    Sec. 534. Storage; duration.
    (a) Storage.--Section 4007 of the Water Infrastructure Improvements 
for the Nation Act (Public Law 114-322) is amended--
            (1) in subsection (b)(1), by striking ``or any public 
        agency organized pursuant to State law'' and inserting ``any 
        public agency organized pursuant to State law, or any 
        stakeholder''; and
            (2) in subsection (i), by striking ``January 1, 2021'' and 
        inserting ``January 1, 2028''.
    (b) Duration.--Section 4013 of the Water Infrastructure 
Improvements for the Nation Act (Public Law 114-322) is amended--
            (1) in paragraph (1), by striking ``and'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) section 4007, which (except as provided in paragraph 
        (3)), shall expire on December 31, 2028; and''.
    Sec. 535. Shasta dam enlargement 
    No provision of State law shall preclude or otherwise prevent any 
public water agency, including a public agency of the State, that 
contracts for the delivery of CVP water from assisting or cooperating 
with, whether by loan, grant, license, or otherwise, the planning and 
construction of any project undertaken by the Bureau of Reclamation to 
enlarge Shasta Dam.

                       Subtitle D--CVPIA Actions

    Sec. 541. CVPIA restoration actions.
    (a) Refuge Water Supply Program.--Not later than 2 years after the 
date of enactment of this Act, the Secretary of the Interior shall 
complete the refuge water supply program under section 3406(d) of the 
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575; 106 Stat. 4722) and shall, within that 2-year period, give 
priority to completing the refuge water supply program when making 
funding decisions from the Central Valley Project Restoration Fund 
established under section 3407 of the Central Valley Project 
Improvement Act (106 Stat. 4726), the Infrastructure Investment and 
Jobs Act (Public Law 117-25), the Land and Water Conservation Fund Act 
(Public Law 88-578), and other sources of funding.
    (b) Restoration Actions Deemed Complete.--Upon completion of the 
refuge water supply program pursuant to subsection (a), or September 
30, 2025, whichever occurs first, the Secretary of the Interior shall 
deem complete the fish, wildlife, and habitat mitigation and 
restoration actions mandated under section 3406 of the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575; 106 Stat. 
4714).

          Subtitle E--Water Supply Permitting Coordination Act

    Sec. 551. Definitions. 
    In this subtitle:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (2) Cooperating agencies.--The term ``cooperating agency'' 
        means a Federal agency with jurisdiction over a review, 
        analysis, opinion, statement, permit, license, or other 
        approval or decision required for a qualifying project under 
        applicable Federal laws and regulations, or a State agency 
        subject to section 503(c).
            (3) Qualifying projects.--The term ``qualifying projects'' 
        means new surface water storage projects in the States covered 
        under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
        and Acts supplemental to and amendatory of that Act (43 U.S.C. 
        371 et seq.) constructed on lands administered by the 
        Department of the Interior or the Department of Agriculture, 
        exclusive of any easement, right-of-way, lease, or any private 
        holding, if the project applicant or sponsor elects to 
        participate in the process authorized by this title. Such term 
        shall also include State-led projects (as defined in section 
        4007(a)(2) of the WIIN Act) for new surface water storage 
        projects in the States covered under the Act of June 17, 1902 
        (32 Stat. 388, chapter 1093), and Acts supplemental to and 
        amendatory of that Act (43 U.S.C. 371 et seq.) constructed on 
        lands administered by the Department of the Interior or the 
        Department of Agriculture, exclusive of any easement, right-of-
        way, lease, or any private holding, unless the project 
        applicant elects not to participate in the process authorized 
        by this title.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    Sec. 552. Establishment of lead agency and cooperating agencies.
    (a) Establishment of Lead Agency.--The Bureau is established as the 
lead agency for purposes of coordinating all reviews, analyses, 
opinions, statements, permits, licenses, or other approvals or 
decisions required under Federal law to construct qualifying projects.
    (b) Identification and Establishment of Cooperating Agencies.--The 
Commissioner of the Bureau shall--
            (1) identify, as early as practicable upon receipt of an 
        application for a qualifying project, any Federal agency that 
        may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, or decision required for 
        a qualifying project under applicable Federal laws and 
        regulations; and
            (2) notify any such agency, within a reasonable timeframe, 
        that the agency has been designated as a cooperating agency in 
        regards to the qualifying project unless that agency responds 
        to the Bureau in writing, within a timeframe set forth by the 
        Bureau, notifying the Bureau that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the qualifying project;
                    (B) has no expertise or information relevant to the 
                qualifying project or any review, analysis, opinion, 
                statement, permit, license, or other approval or 
                decision associated therewith; or
                    (C) does not intend to submit comments on the 
                qualifying project or conduct any review of such a 
                project or make any decision with respect to such 
                project in a manner other than in cooperation with the 
                Bureau.
    (c) State Authority.--A State in which a qualifying project is 
being considered may choose, consistent with State law--
            (1) to participate as a cooperating agency; and
            (2) to make subject to the processes of this subtitle all 
        State agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                analysis, or opinion for the qualifying project; or
                    (C) are required to make a determination on issuing 
                a permit, license, or approval for the qualifying 
                project.
    Sec. 553. Bureau responsibilities.
    (a) In General.--The principal responsibilities of the Bureau under 
this subtitle are--
            (1) to serve as the point of contact for applicants, State 
        agencies, Indian Tribes, and others regarding proposed 
        qualifying projects;
            (2) to coordinate preparation of unified environmental 
        documentation that will serve as the basis for all Federal 
        decisions necessary to authorize the use of Federal lands for 
        qualifying projects; and
            (3) to coordinate all Federal agency reviews necessary for 
        project development and construction of qualifying projects.
    (b) Coordination Process.--The Bureau shall have the following 
coordination responsibilities:
            (1) Preapplication coordination.--Notify cooperating 
        agencies of proposed qualifying projects not later than 30 days 
        after receipt of a proposal and facilitate a preapplication 
        meeting for prospective applicants, relevant Federal and State 
        agencies, and Indian Tribes--
                    (A) to explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) to establish the schedule for the qualifying 
                project.
            (2) Consultation with cooperating agencies.--Consult with 
        the cooperating agencies throughout the Federal agency review 
        process, identify and obtain relevant data in a timely manner, 
        and set necessary deadlines for cooperating agencies.
            (3) Schedule.--Work with the qualifying project applicant 
        and cooperating agencies to establish a project schedule. In 
        establishing the schedule, the Bureau shall consider, among 
        other factors--
                    (A) the responsibilities of cooperating agencies 
                under applicable laws and regulations;
                    (B) the resources available to the cooperating 
                agencies and the non-Federal qualifying project 
                sponsor, as applicable;
                    (C) the overall size and complexity of the 
                qualifying project;
                    (D) the overall schedule for and cost of the 
                qualifying project; and
                    (E) the sensitivity of the natural and historic 
                resources that may be affected by the qualifying 
                project.
            (4) Environmental compliance.--Prepare a unified 
        environmental review document for each qualifying project 
        application, incorporating a single environmental record on 
        which all cooperating agencies with authority to issue 
        approvals for a given qualifying project shall base project 
        approval decisions. Help ensure that cooperating agencies make 
        necessary decisions, within their respective authorities, 
        regarding Federal approvals in accordance with the following 
        timelines:
                    (A) Not later than 1 year after acceptance of a 
                completed project application when an environmental 
                assessment and finding of no significant impact is 
                determined to be the appropriate level of review under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Not later than 1 year and 30 days after the 
                close of the public comment period for a draft 
                environmental impact statement under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), when an environmental impact statement is 
                required under the same.
            (5) Consolidated administrative record.--Maintain a 
        consolidated administrative record of the information assembled 
        and used by the cooperating agencies as the basis for agency 
        decisions.
            (6) Project data records.--To the extent practicable and 
        consistent with Federal law, ensure that all project data is 
        submitted and maintained in generally accessible electronic 
        format, compile, and where authorized under existing law, make 
        available such project data to cooperating agencies, the 
        qualifying project applicant, and to the public.
            (7) Project manager.--Appoint a project manager for each 
        qualifying project. The project manager shall have authority to 
        oversee the project and to facilitate the issuance of the 
        relevant final authorizing documents, and shall be responsible 
        for ensuring fulfillment of all Bureau responsibilities set 
        forth in this section and all cooperating agency 
        responsibilities under section 554.
    Sec. 554. Cooperating agency responsibilities.
    (a) Adherence to Bureau Schedule.--
            (1) Timeframes.--On notification of an application for a 
        qualifying project, the head of each cooperating agency shall 
        submit to the Bureau a timeframe under which the cooperating 
        agency reasonably will be able to complete the authorizing 
        responsibilities of the cooperating agency.
            (2) Schedule.--
                    (A) Use of timeframes.--The Bureau shall use the 
                timeframes submitted under this subsection to establish 
                the project schedule under section 504.
                    (B) Adherence.--Each cooperating agency shall 
                adhere to the project schedule established by the 
                Bureau under subparagraph (A).
    (b) Environmental Record.--The head of each cooperating agency 
shall submit to the Bureau all environmental review material produced 
or compiled in the course of carrying out activities required under 
Federal law, consistent with the project schedule established by the 
Bureau under subsection (a)(2).
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the head of each cooperating agency shall submit all 
relevant project data to the Bureau in a generally accessible 
electronic format, subject to the project schedule established by the 
Bureau under subsection (a)(2).
    Sec. 555. Funding to process permits.
    (a) In General.--The Secretary, after public notice in accordance 
with subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act''), 
may accept and expend funds, to the extent provided in advance in 
appropriations Acts, contributed by a non-Federal public entity to 
expedite the evaluation of a permit of that entity related to a 
qualifying project.
    (b) Effect on Permitting.--
            (1) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau of the region in which the qualifying project or 
                activity is located (or a designee); and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (2) Impartial decision making.--In carrying out this 
        section, the Secretary shall ensure that the use of the funds 
        accepted under this section for a qualifying project shall 
        not--
                    (A) substantively or procedurally impact impartial 
                decision making with respect to the issuance of 
                permits; or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of the cooperating 
                agency.
    (c) Limitation on Use of Funds.--None of the funds accepted under 
this section shall be used to carry out a review of the evaluation of 
permits required under subsection (b)(1)(A).
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this section 
are made available to the public, including on the internet.

                                TITLE VI

                           GENERAL PROVISIONS

                     (including transfer of funds)

    Sec. 601.  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. 602. (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 report 
accompanying this 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 report accompanying this 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. 603. (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. 604. (a) No federal monies shall be expended in furtherance of 
any agreement among private entities for consolidated interim storage 
of spent nuclear fuel that is not specifically authorized under federal 
law until such time that host state and local governments and any 
affected Indian tribes have formalized their consent.
    (b) Provided that the prohibition provided for in this section 
shall not apply to facilities presently storing commercial spent 
nuclear fuel, pursuant to an NRC license, as of the date of enactment 
of this Act.
    (c) For purposes of this section, ``spent nuclear fuel'' shall have 
the same meaning as provided in section 2 of the Nuclear Waste Policy 
Act of 1982.
    Sec. 605.  None of the funds made available by this Act may be used 
to carry out any program, project, or activity that promotes or 
advances Critical Race Theory or any concept associated with Critical 
Race Theory.
    Sec. 606.  None of the funds appropriated or otherwise made 
available by this Act may be made available to implement, administer, 
apply, enforce, or carry out the Equity Action Plan of the Department 
of Energy, or Executive Order 13985 of January 20, 2021 (86 Fed. Reg. 
7009, relating to advancing racial equity and support for underserved 
communities through the Federal Government), Executive Order 14035 of 
June 25, 2021 (86 Fed. Reg. 34593, relating to diversity, equity, 
inclusion, and accessibility in the Federal workforce), or Executive 
Order 14091 of February 16, 2023 (88 Fed. Reg. 10825, relating to 
further advancing racial equity and support for underserved communities 
through the Federal Government).
    Sec. 607. (a) In general.--Notwithstanding section 7 of title 1, 
United States Code, section 1738C of title 28, United States Code, or 
any other provision of law, none of the funds provided by this Act, or 
previous appropriations Acts, shall be used in whole or in part to take 
any discriminatory action against a person, wholly or partially, on the 
basis that such person speaks, or acts, in accordance with a sincerely 
held religious belief, or moral conviction, that marriage is, or should 
be recognized as, a union of one man and one woman.
    (b) Discriminatory action defined.--As used in subsection (a), a 
discriminatory action means any action taken by the Federal Government 
to--
            (1) alter in any way the Federal tax treatment of, or cause 
        any tax, penalty, or payment to be assessed against, or deny, 
        delay, or revoke an exemption from taxation under section 
        501(a) of the Internal Revenue Code of 1986 of, any person 
        referred to in subsection (a);
            (2) disallow a deduction for Federal tax purposes of any 
        charitable contribution made to or by such person;
            (3) withhold, reduce the amount or funding for, exclude, 
        terminate, or otherwise make unavailable or deny, any Federal 
        grant, contract, subcontract, cooperative agreement, guarantee, 
        loan, scholarship, license, certification, accreditation, 
        employment, or other similar position or status from or to such 
        person;
            (4) withhold, reduce, exclude, terminate, or otherwise make 
        unavailable or deny, any entitlement or benefit under a Federal 
        benefit program, including admission to, equal treatment in, or 
        eligibility for a degree from an educational program, from or 
        to such person; or
            (5) withhold, reduce, exclude, terminate, or otherwise make 
        unavailable or deny access or an entitlement to Federal 
        property, facilities, educational institutions, speech fora 
        (including traditional, limited, and nonpublic fora), or 
        charitable fundraising campaigns from or to such person.
    (c) Accreditation; Licensure; Certification.--The Federal 
Government shall consider accredited, licensed, or certified for 
purposes of Federal law any person that would be accredited, licensed, 
or certified, respectively, for such purposes but for a determination 
against such person wholly or partially on the basis that the person 
speaks, or acts, in accordance with a sincerely held religious belief 
or moral conviction described in subsection (a).
    Sec. 608.  None of the funds made available by this Act may be used 
to finalize, implement, administer, apply, or enforce the proposed rule 
entitled ``Energy Conservation Program: Energy Conservation Standards 
for Residential Clothes Washers'' published by the Department of Energy 
in the Federal Register on March 3, 2023 (88 Fed. Reg. 13520), or any 
substantively similar rule.
    Sec. 609.  None of the funds made available by this Act may be used 
to implement, administer, apply, enforce, or carry out any diversity, 
equity, and inclusion office, program, or training.
    Sec. 610.  None of the funds made available by this Act may be used 
to implement or enforce section 370 of Public Law 116-283 with respect 
to civil works projects.
    Sec. 611.  None of the funds made available by this Act may be used 
by the Department of Energy to award any grant, contract, subcontract, 
award, loan, program, support, or other activity, to any entity who 
enters into, or maintains, partnerships or licensing agreements with 
any entity of concern, as defined in section 10114 of title I of 
division B of Public Law 117-167.

                  state-owned enterprises prohibition

    Sec. 612. (a) Innovate in America.--None of the funds made 
available by this Act may be used by the Secretary of Energy to award a 
contract, subcontract, grant, or loan to an entity that--
            (1) is owned or controlled by, is a subsidiary of, or is 
        otherwise related legally or financially to a corporation based 
        in a country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416); or
            (2) is listed pursuant to section 9(b)(3) of the Uyghur 
        Human Rights Policy Act of 2020 (Public Law 116-145).
    (b) Exception.--For purposes of subsection (a), the Secretary of 
Energy may issue a waiver, to be made publicly available, to an entity 
in which the legal or financial connection to a corporation is a 
minority relationship or investment.
    (c) International Agreements.--This section shall be applied in a 
manner consistent with the obligations of the United States under 
applicable international agreements.

                       Spending Reduction Account

    Sec. 613.  $0.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2024''.
                                                  Union Calendar No. 98

118th CONGRESS

   1st Session

                               H. R. 4394

                          [Report No. 118-126]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2024, and for other 
                               purposes.

_______________________________________________________________________

                             June 30, 2023

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed