S3293-119

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2026, and for other purposes, namely:

101. 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 2026, shall be available for obligation or expenditure through a reprogramming of funds that: creates or initiates a new program, project, or activity; eliminates a program, project, or activity; increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act; proposes to use funds directed for a specific activity for a different purpose; augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (11); 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; 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 $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; 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; 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 prior to reprogramming funds: 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; The reprogramming guidelines in paragraphs (6), (8), and (9) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and Reprogramming of up to 15 percent of the base of the receiving project is permitted. In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. 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: 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; and 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.

102. 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 except for projects with awarded integrated design and construction contracts (IDaC) as of the date of enactment of this Act: Provided, That the Corps shall modify the existing IDaC contracts for such projects to incorporate the authority provided in 33 U.S.C. 621 and DFARS 252.232–7007 pursuant to DFARS 232.703–1(1)(ii)(B) within 60 days of enactment: Provided further, That the Corps shall notify the Committee upon execution of such modifications for each project and upon commencement of work addressed in such modification: Provided further, That the Corps shall fully obligate any funds previously designated in IIJA or prior appropriations bill as part of the modification, and as required supervision and administration associated with that modification: Provided further, That amounts repurposed pursuant to this section shall continue to be treated as amounts specified in section 103(b) of division A of Public Law 118–5.

103. 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 $8,733,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects.

104. 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).

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

106. 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 any other department or agency.

107. Subject to consultation with the non-Federal sponsor and retaining sufficient amounts for the Corps of Engineers to carry out any of its responsibilities relating to the project and using appropriations made available to the project prior to the enactment of this Act, the Secretary of the Army shall make advance payments to the non-Federal sponsors for their use in completing construction of any project for flood risk management identified in implementation guidance for the Civil Works Public-Private Partnership Pilot Program issued by the Director of Civil Works on January 8, 2019 and that is under construction on the date of enactment of this Act and for which a prior executed Project Partnership Agreement, as amended, specifically identifies Federal Work, Non-Federal Work, and a Federal Participation Amount in excess of $700,000,000: Provided, That amounts described in the matter preceding this proviso shall be credited by the Secretary toward the Federal Participation Amount: Provided further, That prior to making any payments authorized in the matter preceding the first proviso, the Secretary and the non-Federal sponsors shall amend the Project Partnership Agreement executed for the project in order to implement any such payments and credits.

201. 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 2026, shall be available for obligation or expenditure through a reprogramming of funds that— initiates or creates a new program, project, or activity; eliminates a program, project, or activity; increases funds for any program, project, or activity for which funds have been denied or restricted by this Act; restarts or resumes any program, project or activity for which funds are not provided in this Act; transfers funds in excess of the following limits: 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 $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; 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; or 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. Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity. 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 Committee Recommendation columns in the Water and Related Resources table included under the heading Title II—Department of the Interior in the report accompanying this Act. The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act.

202. 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. 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.

206. Section 10609(a) of the Northwestern New Mexico Rural Water Projects Act, subtitle B of title X of Public Law 111–11, is amended by substituting $1,815,000,000 for $1,640,000,000 and striking 2024 and inserting 2026. Section 10604(b)(3)(B) of the Northwestern New Mexico Rural Water Projects Act (subtitle B of title X of Public Law 111–11) is amended by striking be at least 25 percent and all that follows through 35 percent and inserting not to exceed $76,000,000.

207. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking $960,000,000 and inserting $1,000,000,000.

208. Notwithstanding the Act of May 9, 1938, (43 U.S.C. 392a), all monies received by the United States in connection with the repayment or reimbursement of costs for all projects, including power, financed in whole or in part with money from the Aging Infrastructure account created pursuant to section 9603b(d), Public Law 111–11, as amended, shall be repaid and deposited to that account.

209. Section 10 of Public Law 89–108, as amended (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291), is further amended— in subsection (b)(1), by— redesignating subparagraph (C) as subparagraph (D); and inserting after subparagraph (B), the following: In addition to the amounts made available under subparagraphs (A) and (B), there is authorized to be appropriated to carry out section 7(a) $50,000,000. in subsection (e), by inserting prior to the last sentence, the following: Such indexing shall also be applied for the $50,000,000 amount under subsection (b)(1)(C) for costs incurred after the date of enactment.. (C)Other AmountsIn addition to the amounts made available under subparagraphs (A) and (B), there is authorized to be appropriated to carry out section 7(a) $50,000,000.; and

211. None of the funds made available by this Act may be used for preconstruction or construction activities for any project recommended after enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2020 (division C of Public Law 116–94), and prior to enactment of this Act by the Secretary of the Interior and transmitted to the appropriate committees of Congress pursuant to section 4007 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) if such project is not named in this Act, Public Law 116–260, or Public Law 117–43.

301. 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. 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— make a grant allocation or discretionary grant award totaling $1,000,000 or more; make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more; provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more; deobligate funds from an allocation, award, Agreement; cancel a previously-announced allocation, award, Agreement; issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D). 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. 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. Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 30 full business days in advance, none of the funds made available in this title may be used to— create new programs; suspend or eliminate a program, project, or activity; create, close, reorganize, downsize, or rename programs or offices. 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— the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or 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. 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, and in the amounts, specified in the Committee Recommendation column in the Department of Energy table included under the heading Title III—Department of Energy in the report accompanying this Act. 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. None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— creates, initiates, or eliminates a program, project, or activity; increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or reduces funds that are directed to be used for a specific program, project, or activity by this Act. 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. 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. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.

302. 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 2026 until the enactment of the Intelligence Authorization Act for fiscal year 2026.

303. Of the list of specific programs, projects, and activities (and the dollar amounts) contained in the classified annex accompanying this Act are hereby required by law to be carried out in the manner provided by such tables to the same extent as the tables incorporated under section 301(d) of this Act.

304. Of the unobligated balances from prior year appropriations made available to the Department of Energy under the heading Atomic Energy Defense Activities—National Nuclear Security Administration—Defense Nuclear Nonproliferation, $39,000,000 are hereby permanently rescinded: Provided, That no amounts may be rescinded from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

305. 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.

306. 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.

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

308. 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.

309. Of the unobligated balances from amounts previously appropriated to the Department of Energy in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), the following funds shall be repurposed or transferred to Department of Energy—Energy Programs—Nuclear Energy from the following programs in the specified amounts: $900,000,000 from amounts previously appropriated under the heading Department of Energy—Energy Programs—Nuclear Energy; and $1,500,000,000 from amounts previously appropriated under the heading Department of Energy—Energy Programs—Carbon Dioxide Transportation Infrastructure Finance and Innovation Program Account: the two awards for demonstration projects made prior to the date of enactment of this Act under the heading Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a); the two competitive awards for commercial utility deployment projects, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a), and as referenced in section 311(1)(A) of division D of the Consolidated Appropriations Act, 2024 (Public Law 118–42), as amended by this Act; Risk Reduction for Future Generations, as described under the heading Advanced Reactor Demonstration Program in the explanatory statement accompanying division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94); and Advanced Nuclear Fuel Availability Program:

310. In this section: The term affected Indian tribe has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). The term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). The term Nuclear Waste Fund means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)). The term Secretary means the Secretary of Energy. The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a program to license, construct, and operate one or more Federal consolidated storage facilities, using a consent-based siting process, to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor. The Secretary shall issue a request for proposals— to obtain any license necessary from the Nuclear Regulatory Commission for the construction of one or more Federal consolidated storage facilities; to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the one or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. Prior to siting a Federal consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the Federal facility using a consent-based siting process with— the Governor of the State; each unit of local government within the jurisdiction of which the facility is proposed to be located; each affected Indian tribe; and other entities as identified and determined by the Secretary through the development of the consent-based siting process. In executing this section, the Secretary shall comply with— all licensing requirements and regulations of the Nuclear Regulatory Commission; and all other applicable laws (including regulations). The Secretary shall submit to Congress a plan to carry out this section that includes— an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; a schedule for— obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; constructing the facility; transporting spent fuel to the facility; and removing the spent fuel and decommissioning the facility; an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the program; recommendations for any additional legislation needed to authorize and implement the program; and recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations.

311. Funds made available in this title under the headings Energy Efficiency and Renewable Energy, Electricity, Fossil Energy , Cybersecurity, Energy Security, and Emergency Response, Manufacturing and Energy Supply Chains, and Science that are allocated for the purposes of section 9 of the Small Business Act, as amended (15 U.S.C. 638), including for Small Business Innovation Research and Small Business Technology Transfer activities, or for the purposes of section 1001 of the Energy Policy Act of 2005, as amended (42 U.S.C. 16391), for Technology Commercialization Fund activities, may be reprogrammed within each account without being subject to the restrictions in section 301 of this title: Provided, That the administration and selection of awards pursuant to such sections will be in coordination with the offices that oversee the appropriations accounts to which the relevant funding was originally appropriated.

314. Of the unobligated balances from amounts previously appropriated under the heading Department of Energy—Energy Programs—Office of Clean Energy Demonstrations in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that were provided to implement section 813 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), $75,000,000 shall be transferred, notwithstanding any other requirement and regardless of project purpose, to Department of Energy—Energy Programs—Grid Deployment and, in addition to amounts otherwise available, shall be available for necessary expenses to carry out a program to enhance the domestic supply chain for the manufacture of distribution and power transformers, components, and materials, and electric grid components, including financial assistance, technical assistance, and competitive awards for procurement and acquisition: Provided, That amounts transferred pursuant to this section shall continue to be treated as amounts specified in section 103(b) of division A of Public Law 118–5.

315. In making Federal financial assistance, the Department of Energy shall continue to apply the indirect cost rate to the same extent and in the same manner as was applied in fiscal year 2024: Provided, None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Energy may be used to develop, modify, or implement changes to such negotiated indirect cost rates.

316. Prior to issuing any termination notice of any discretionary award, as defined by section 200.1 of title 2, Code of Federal Regulations, solely under the authority provided in section 200.340(a)(4) of title 2, Code of Federal Regulations, the Secretary of the Department of Energy shall provide written notification to the House and Senate Committees on Appropriations and the discretionary award recipient. Any such written notification shall be provided to the recipients not less than 120 days prior to the effective date of any proposed termination, of which not less than 90 days shall be provided to restructure or re-scope the discretionary award to better effectuate program goals or agency priorities, as determined by the Secretary: Provided, That the recipients shall continue to receive disbursements for valid obligations during the period provided to restructure or re-scope the discretionary award. If a recipient is unable to restructure or re-scope the discretionary award subject to subsection (b) as determined by the Secretary and the discretionary award is subsequently terminated, the Department should first prioritize any eligible and qualified applications received from such entities in response to the next available notice of funding opportunity for the relevant program. The Secretary shall meet all notification of termination requirements under section 200.341 of title 2, Code of Federal Regulations. The requirements under this section shall only apply to discretionary awards from funds made available— by this Act; by prior Energy and Water Development, and Related Agencies Appropriations Acts, except for amounts previously designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985; and in title III of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58): Provided, That this section shall not apply to discretionary award announcements or awards publicly awarded after November 1, 2024: Provided further, That this section shall not apply to any non-discretionary awards, as defined by section 200.1 of title 2, Code of Federal Regulations. Amounts repurposed pursuant to this section shall continue to be treated as amounts specified in section 103(b) of division A of Public Law 118–5.

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.

402. 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. 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. 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. 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. 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. 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— total budget authority; total unobligated balances; and total unliquidated obligations.

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

502. 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. 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. 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.

503. 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. 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.

504. Funds made available in this Act shall be allocated solely in accordance with the provisions of this Act and the report and tables accompanying this Act.