Overview
Title
Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes.
ELI5 AI
H.R. 8997 is a bill about deciding how money should be used for energy and water projects in the United States until September 30, 2025. It explains that the money can be used for fixing and building things, but also sets some rules like not using the money for certain activities like teaching Critical Race Theory or putting rules on COVID-19 masks and vaccines.
Summary AI
H.R. 8997 is a bill making funding allocations for energy and water development-related agencies for the fiscal year ending September 30, 2025. It specifies how funds should be used across various projects and programs, including infrastructure, environmental conservation, and energy innovation projects. The bill includes rules for reallocating funds, oversight procedures, and restrictions on using funds for certain purposes, such as promoting Critical Race Theory or implementing COVID-19 mandates. Additionally, it places limits on international business dealings and prohibits specific regulatory actions without further Congressional approval.
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AnalysisAI
The proposed bill, titled "Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes," outlines the allocation of funds for various energy and water-related projects and agencies in the United States. The primary objective of the bill is to ensure that funding is appropriated to support the development, management, and maintenance of water resources, energy programs, and related infrastructure. However, it also includes restrictions and conditions on how these funds can be used, impacting a broad spectrum of activities, from environmental policies to public health mandates.
General Summary
The bill details specific appropriations for the fiscal year 2025 across several government agencies tasked with managing the country's energy and water resources. It includes allocations to the Department of Energy, the Army Corps of Engineers, and other relevant agencies. The bill allocates funds for various projects, including river and harbor improvements, flood damage reduction, and the construction and maintenance of energy infrastructure. Furthermore, it contains several general provisions that govern how these funds can be reallocated, what projects are eligible for funding, and conditions under which these funds can be withheld or redirected.
Summary of Significant Issues
There are several issues identified within the bill that warrant careful consideration:
Regulation of Energy Conservation Standards: The bill includes provisions that prohibit the allocation of funds for enforcing certain energy conservation standards, which may affect the implementation of energy efficiency measures for appliances and potentially impact environmental policies.
Restrictions on Critical Race Theory: The bill restricts the use of funds to promote or advance Critical Race Theory. This has implications for educational and training programs, especially those focusing on issues of social justice and racial equality.
Public Health Mandates Restrictions: The bill prohibits the usage of funds to enforce COVID-19 mask and vaccine mandates. This may limit public health agencies' ability to manage future health emergencies effectively.
Regional Resource Allocation: Without clear criteria for setting up new regional petroleum reserves, there could be perceptions of favoritism or inequitable distribution of resources.
Geopolitical Decisions: The bill restricts the sale of petroleum reserves to entities influenced by the Chinese Communist Party, which can have significant international trade implications.
Impact on the Public
The public at large may experience mixed effects from this bill. On one hand, the appropriations for energy and water development signal a commitment to enhancing national infrastructure, which could lead to improvements in essential services and economic opportunities. However, the bill's restrictions, particularly those related to energy conservation and public health mandates, have sparked concerns about the broader implications for environmental sustainability and public safety.
Impact on Specific Stakeholders
Environmental Advocates: Stakeholders within this group may express concerns over the limitations imposed on energy conservation regulations, which could hinder progress towards achieving environmental sustainability goals.
Educational Institutions and Organizations: By restricting funds for programs associated with Critical Race Theory, the bill could affect institutions that engage in educational activities centered around discussions of racial and social justice.
Public Health Officials: The prohibition of using funds to support COVID-19 mandates may challenge health agencies' ability to respond to health emergencies, affecting how public health measures are enforced and implemented.
International Trade Entities: Decisions restricting sales from the Strategic Petroleum Reserve to certain foreign powers reflect broader geopolitical tensions and could influence international trade dynamics.
Overall, while the bill provides necessary funding for critical infrastructure, the restrictions and conditions attached may present challenges to various stakeholders and elicit debate over policy priorities.
Financial Assessment
The bill, H.R. 8997, details appropriations for energy and water development for fiscal year ending September 30, 2025. This draft commentary will explore how the bill allocates funding and how these financial aspects interrelate with identified issues.
Financial Allocations and Spending
H.R. 8997 encompasses substantial financial allocations across multiple sectors. A noteworthy portion of the funding is designated for various infrastructure, environmental, and energy projects. For instance, the Corps of Engineers receives funding for investigations, construction, and maintenance necessary for river and harbor projects. The construction budget alone is set at $3,010,000,000, emphasizing substantial investment.
In terms of maintenance, the bill authorizes $5,714,000,000 for operations, highlighting essential funding to ensure existing projects remain functional. A significant portion of this sum, $3,106,635,000, will derive from the Harbor Maintenance Trust Fund, serving as a pivotal resource for harbor-related activities.
Another critical section includes funding for the Office of the Assistant Secretary of the Army for Civil Works, which will receive $5,000,000, contingent upon the Secretary's compliance with legislative requirements. This allocation highlights the necessity for structured administrative support to manage these projects effectively.
Issues Related to Financial Allocations
One concern identified is related to Sec. 514, where certain regulatory activities are decided, potentially affecting energy efficiency initiatives. By limiting funds, this section may hinder enforcement of energy standards for consumer products, like transformers and air conditioners, therefore impacting consumer choices and environmental policy.
The bill also debates health-related measures, notably in Sec. 508, where funds are restricted from implementing COVID-19 mandates, potentially influencing public safety funding flexibility.
Furthermore, in Sec. 505, the prohibition of funds for promoting Critical Race Theory may affect educational training funded by federal means, posing potential challenges for programs aimed at fostering racial equality and social justice.
Another financial decision outlined includes the reallocation of $1,500,000,000 from the Carbon Dioxide Transportation Infrastructure Finance and Innovation Program to support nuclear energy projects as noted in Sec. 317. This redirection reflects Congress's priorities in addressing energy sources but raises questions about the long-term implications for infrastructure improvements initially intended by these funds.
Conclusion
H.R. 8997 outlines comprehensive appropriations with specific financial allocations designed to enhance infrastructure, accelerate energy projects, and sustain environmental initiatives. The bill intricately links financial appropriations to broader policy goals, highlighting the interactions between fiscal decisions and legislative priorities. However, certain sections in the bill, particularly those restricting funding for standard regulatory activities or public health measures, invite further deliberation on ensuring a balanced approach that respects legislative objectives while addressing public and environmental demands.
Issues
The bill's language around the 'prohibiting funds for certain regulatory activities' in Sec. 514 can impact energy efficiency by limiting the enforcement of energy conservation standards for various appliances, including transformers and gas kitchen ranges, raising concerns about regulatory overreach and its implications on consumer choice and environmental policy.
Sec. 505's restriction of funds for promoting or advancing Critical Race Theory could have broader implications on educational and training programs funded by federal means, potentially affecting institutions that address issues related to social justice and racial equality.
The provision in Sec. 312, which restricts funds for clean energy initiatives for federal buildings, could limit progress towards environmental sustainability and efforts to mitigate climate change within federal infrastructure.
Sec. 307's lack of specified criteria for setting up new regional petroleum reserves may lead to decisions that are perceived as favoring certain regions without transparent justifications, raising concerns about regional favoritism and equitable resource distribution.
The broad prohibition in Sec. 508 against using funds for COVID-19 mask or vaccine mandates may limit public health agencies' ability to respond flexibly to public health emergencies, potentially posing a risk to collective health safety measures.
Sec. 509 explicitly prohibits funds from being awarded to the Wuhan Institute of Virology, and the need for clarification on 'affiliated researchers' raises questions about scientific collaboration and knowledge sharing, potentially motivated by political considerations.
Sec. 501's restriction of using funds to influence legislation, except to communicate with Members of Congress, removes clarity concerning permissible governmental advocacy or lobbying activities, potentially limiting necessary legislative interaction.
In Sec. 504, the requirement of 'formalized consent' from various stakeholders for nuclear fuel storage can complicate or delay efforts to manage spent nuclear fuel due to potential lengthy or contentious consent processes.
Secs. 206 and 209 involve amendments related to infrastructure improvement and water management projects, raising concerns about potentially arbitrary extensions of funding and project timelines without thorough justifications or assessments.
Sec. 310's provision restricting nuclear facility access to Russian or Chinese non-citizens, except in public areas, is intended for national security but lacks detailed procedural guidelines or consequences for non-compliance, leading to enforcement ambiguities.
Sec. 308's prohibition on selling petroleum products from the Strategic Petroleum Reserve to entities influenced by the Chinese Communist Party is a politically charged issue with potential trade implications, meriting a more precise determination of 'influence'.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
The section specifies that certain amounts of money are allocated from the Treasury for the fiscal year ending September 30, 2025, for various unspecified purposes.
101. Investigations Read Opens in new tab
Summary AI
The section outlines rules for using funds allocated by this Act or previous ones for certain agencies in fiscal year 2025, specifying when funds can be reprogrammed or shifted to different projects. It details various limits and permissions for reprogramming based on project type and amount, exceptions for emergencies, exclusions for minimal amounts, and requires a report to set baselines for these activities.
Money References
- 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. ---
102. Read Opens in new tab
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The Secretary is required to distribute the funds from this Act strictly according to the rules laid out in the Act and its accompanying report.
103. Read Opens in new tab
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The section states that funds provided in this title cannot be used to award or change any contracts that commit money beyond the budget set aside for specific programs, projects, or activities, unless those funds come from money reallocated according to section 101.
104. Read Opens in new tab
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The Secretary of the Army can give up to $8,733,000 to the Fish and Wildlife Service from the "Operation and Maintenance" budget. The Fish and Wildlife Service will use this money to help offset the impact on fish populations caused by projects undertaken by the Corps of Engineers.
Money References
- 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.
105. Read Opens in new tab
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The funds from this Act cannot be used for dumping dredged material from Lake Erie into the open lake unless a State water quality certification approves it. Until such approval is given, the Corps of Engineers must dispose of the material on land, following previous legal guidelines.
106. Read Opens in new tab
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None of the funds from this Act can be used to conduct any water supply reallocation studies for the Wolf Creek Dam at Lake Cumberland in Kentucky, as initially authorized in a 1946 Act.
107. Read Opens in new tab
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Additional funding provided by this Act will be allocated only to projects that the Chief of Engineers determines are eligible.
108. Read Opens in new tab
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The section requires that within 15 days of the law being passed, the leaders of the Environmental Protection Agency and the Army's Civil Works division must give relevant congressional committees any guidance documents about a rule on the definition of "Waters of the United States," which was published in the Federal Register in September 2023.
109. Read Opens in new tab
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Funds from this Act or any previous Act cannot be used to change the eligibility rules for assistance under a specific law from August 18, 1941, as they were on November 14, 2022, unless Congress specifically approves it.
110. Read Opens in new tab
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The section prohibits the Secretary of the Army from making or enforcing rules that stop people from having firearms at certain water projects if they are legally allowed to have a gun and follow the state laws where the project is located.
111. Read Opens in new tab
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None of the money provided by this law can be used to change or update the final rules published as "Reissuance and Modification of Nationwide Permits" that appear in two issues of the Federal Register, at 86 Fed. Reg. 2744 and 86 Fed. Reg. 73522.
112. Read Opens in new tab
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None of the funds provided by this law can be used to carry out or enforce section 370 of Public Law 116–283 when it comes to civil works projects.
201. Read Opens in new tab
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The section outlines restrictions on how funds for Water and Related Resources can be reallocated in fiscal year 2025. It details situations where fund reprogramming is not allowed without prior congressional approval, like starting new projects or transferring specific amounts between categories, except for certain internal transfers which have different conditions.
Money References
- 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 2025, 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.
202. Read Opens in new tab
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The section prohibits using funds from the Act to decide on the final discharge point for the San Luis Unit's drainage until a plan is created with California's approval to meet water quality standards. It also states that cleanup and drainage program costs must be categorized and repaid as specified, and any future U.S. funding for San Luis Unit drainage must be reimbursed by beneficiaries.
203. Read Opens in new tab
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The section amends the Calfed Bay-Delta Authorization Act by changing the year mentioned from 2022 to 2025. It also increases the specified funding amount from $30 million to $40 million.
Money References
- (b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) is amended by striking “$30,000,000” and inserting “$40,000,000”. ---
204. Read Opens in new tab
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The section changes some rules in the Reclamation States Emergency Drought Relief Act of 1991. It updates the year from 2022 to 2025 in two parts of the law, and it increases the funding amount from $120 million to $130 million.
Money References
- (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241)— (1) shall be applied by substituting “2025” for “2022”; and (2) is amended by striking “$120,000,000” and inserting “$130,000,000”. ---
205. Read Opens in new tab
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The section prohibits the use of funds from this or any other act for continuing a consultation about the Central Valley and State Water Projects with the Bureau of Reclamation, according to a September 2021 letter, until a detailed written report is received. The report must explain the consultation's purpose, methodology, and goals, and must be sent to Congress within 15 days after being provided to the Bureau's Commissioner.
206. Read Opens in new tab
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The section specifies that the Central Valley Project and California State Water Project will be managed according to the Preferred Alternative, the FWS Biological Opinion, and the NOAA Biological Opinion. Each term is defined with reference to specific documents issued in 2019 that describe how these water projects should operate.
207. Read Opens in new tab
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The section amends the Infrastructure Investment and Jobs Act by changing how certain projects are described and which projects are eligible for funding. Specifically, it modifies the wording to ensure a broader range of projects can be considered without specific exclusions mentioned in a previous subsection.
208. Read Opens in new tab
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The section makes changes to the Water Infrastructure Improvements for the Nation Act, specifically by replacing some phrases, adding "or proposed action" in multiple places, and including a new provision that allows for the review and comment on draft proposed actions. These changes affect the process and terminology used by water agencies and consulting agencies when they handle biological assessments and proposed actions.
209. Read Opens in new tab
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The amendments update several sections of existing laws related to water infrastructure. They extend deadlines, including changing the expiration of certain provisions to 2026 and 2034, and increase funding limits for wastewater, groundwater, and desalination projects to significantly higher amounts, with one amount rising from $50 million to $167.5 million, and another from $30 million to $100.5 million.
Money References
- SEC. 209. (a) Title III of subtitle J of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322) is amended— (1) in section 4007(i), by striking “2021” and inserting “2026”; and (2) in section 4013— (A) in paragraph (1), 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, 2034”; and (B) in paragraph (2), by inserting “on or before December 16, 2026” after “4009(c)”. (b) Section 1602(g)(1) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h) is amended by striking “$50,000,000” and inserting “$167,500,000”.
- (c) Section 4(a)(2)(F)(i) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by striking “$30,000,000” and inserting “$100,500,000”.
301. Read Opens in new tab
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The section limits the Department of Energy from starting or resuming any programs that Congress hasn't funded and sets financial thresholds for grants and contracts that require prior notification to Congress. It also prohibits reprogramming funds in ways that would significantly change budgets without approval and allows for waivers if health, environmental, welfare, or national security are at risk, with mandatory notification to Congress.
Money References
- Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more; (D) provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more; (E) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or (F) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made.
- (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.
302. Read Opens in new tab
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Funds appropriated for intelligence activities by this or any other law, or transferred through this law, are considered approved by Congress under the National Security Act of 1947 for fiscal year 2025, until the Intelligence Authorization Act for that year is passed.
303. Read Opens in new tab
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The section states that funds from this title cannot be used to build high-hazard nuclear facilities unless the Office of Enterprise Assessments independently checks that the construction meets nuclear safety rules.
304. Read Opens in new tab
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This section states that no money from this title can be used by the Department of Energy to make certain crucial decisions on building projects costing over $100 million until a separate independent cost estimate for the project is prepared.
Money References
- 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. ---
305. Read Opens in new tab
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None of the funds provided by this section can be used for grants or cooperative agreements over $100 million unless managed through special independent procedures.
Money References
- 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.
306. Read Opens in new tab
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In the current fiscal year, the law prohibits transferring funds directly from the "Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration" to the general fund of the Treasury.
307. Read Opens in new tab
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The Secretary of Energy is prohibited from creating a new regional petroleum product reserve unless funding is specifically requested by the President and approved by Congress. The request must include details like the reason for the new reserve, estimated costs and funding, operation plans, location, and expected inventory.
308. Read Opens in new tab
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The section states that funds from this Act cannot be used to sell oil from the Strategic Petroleum Reserve to any entity connected to the Chinese Communist Party or if the oil will be exported to China.
309. Read Opens in new tab
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The section prohibits the Secretary of Energy from using funds to grant, contract, or loan $10 million or more to certain risky entities and requires a risk-based approach to evaluate them. The Secretary can ask for necessary documents and work with other agencies, and the usual paperwork rules do not apply to these processes.
Money References
- SEC. 309. (a) None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of division B of Public Law 117–167.
310. Read Opens in new tab
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Under this section, no money from the Act can be used to allow non-U.S. citizens from Russia or China into nuclear weapons production areas, except public areas, unless the Department of Energy informs Congress 30 days before their entry.
311. Read Opens in new tab
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The section states that for the fiscal year 2025, the Department of Energy cannot use any funds to buy computers, printers, or videoconferencing services if the manufacturer or any related entity has any ownership ties to the People’s Republic of China. This rule also applies to situations where a third party is contracted to make such purchases on behalf of the department.
312. Read Opens in new tab
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None of the money from this Act can be used to work on the Department of Energy's proposed rule about "Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings" as published on December 21, 2022.
313. Read Opens in new tab
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None of the funds from this Act can be used to avoid following the National Environmental Policy Act of 1969 when it comes to energy storage systems, according to the Department of Energy's regulations.
314. Read Opens in new tab
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Section 314 of the bill states that no funds provided by this Act can be used to support the Department of Energy's Justice40 initiative, which is part of an Executive Order aimed at addressing climate change.
315. Read Opens in new tab
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The section amends the Natural Gas Act to give the Federal Energy Regulatory Commission the exclusive authority to approve or deny applications for facilities related to importing or exporting natural gas. It also clarifies that the Act does not limit the President's power to impose sanctions on foreign countries, including those identified as state sponsors of terrorism, to restrict imports or exports.
316. Read Opens in new tab
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The section specifies that 0.35% of the funds meant for improving Puerto Rico's electric grid, allocated to the Department of Energy, will be moved by January 1, 2025, to the Office of the Inspector General for oversight purposes. These funds, originally marked for emergencies, will still be treated as emergency funds once the President approves them as such.
317. Read Opens in new tab
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The section allows for the transfer of funds from unused Department of Energy budgets to support nuclear energy projects, specifically for advancing small modular reactor technology. Additionally, it amends Public Law 117–169 to include updated funding amounts for specific programs.
Money References
- SEC. 317. (a) Of the unobligated balances from amounts previously made available to the Department of Energy, the following funds shall be transferred from the following programs in the specified amounts to “Department of Energy—Energy Programs—Nuclear Energy”, and, in addition to amounts otherwise made available, shall be available for the not more than two competitive awards for Generation 3+ small modular reactor deployment projects described in section 311(a)(1)(A) of division D of the Consolidated Appropriations Act, 2024 (Public Law 118–42) and the two awards for demonstration projects made prior to the date of enactment of this Act under the Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a)— (1) $980,000,000, to remain available until expended, from the unobligated balances under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), of which $120,000,000 shall be available in fiscal year 2025 and $860,000,000 shall be available in fiscal year 2026; (2) $1,500,000,000, to remain available until expended, from the unobligated balances under the heading “Department of Energy—Energy Programs—Carbon Dioxide Transportation Infrastructure Finance and Innovation Program Account” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58); (3) $1,500,000,000, to remain available until September 30, 2026, from the unobligated balances under section 50141 of Public Law 117–169; and (4) $5,000,000,000, to remain available until September 30, 2026, from the unobligated balances under section 50144 of Public Law 117–169: Provided, That amounts transferred pursuant to paragraphs (1) and (2) shall continue to be treated as amounts specified in section 103(b) of division A of Public Law 118–5. (b) Public Law 117–169 is amended— (1) in section 50141(a) by amending the dollar amount to read as “$25,000,000,000”; and (2) in section 50144(b) by amending the dollar amount to read as “$5,000,000,000”. ---
401. Read Opens in new tab
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The Nuclear Regulatory Commission is required to follow its own internal procedures from July 5, 2011, when answering requests for information from Congress, while also adhering to guidelines provided by the Department of Justice for all federal agencies.
402. Read Opens in new tab
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The section outlines the rules for reallocating funds within the Nuclear Regulatory Commission, requiring notification to Congress for significant changes. It also allows for waiver of notification if there's a substantial risk, bans increasing funds or personnel for restricted activities, and mandates monthly budget reports to Congress.
Money References
- 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.
501. Read Opens in new tab
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None of the money from this Act can be used to try to influence Congress about any laws or budget issues they are thinking about, except for communicating with them as allowed by a specific law, 18 U.S.C. 1913.
502. Read Opens in new tab
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Funds from this Act cannot be moved between government departments or agencies unless authorized by this or another law, and any such use of transfer authority must be reported to Congress every six months, detailing the amounts and reasons for the transfers.
503. Read Opens in new tab
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Funds from this Act cannot be used to maintain or create a computer network unless it blocks access to pornography. However, there is an exception allowing funds to be used for law enforcement and legal activities related to criminal investigations or prosecutions.
504. Read Opens in new tab
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The section prohibits the use of federal funds for agreements among private entities to store spent nuclear fuel unless authorized by federal law and with consent from state, local, and tribal authorities. Exceptions are made for facilities already licensed by the Nuclear Regulatory Commission as of the enactment date of this Act.
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The section states that no money provided by this Act can be used for any programs, projects, or activities that support Critical Race Theory or ideas related to it.
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The section states that no money from this Act can be used to support or carry out the Department of Energy's Equity Action Plan or certain Executive Orders related to advancing racial equity and diversity within the federal government.
507. In general Read Opens in new tab
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The section prohibits the use of federal funds to discriminate against individuals who express or act on their religious beliefs that marriage is between one man and one woman. It defines discriminatory actions and emphasizes that such individuals should not face penalties or denial of any federal benefits, tax treatments, or certifications due to their beliefs.
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Funds from this and other Acts cannot be used to enforce or carry out any mandates for COVID-19 masks or vaccines.
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None of the funds provided by this Act can be used to give money or grants to the Wuhan Institute of Virology or researchers connected with it.
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None of the money from this Act can be used to display any flag at a federal government facility except for the United States flag, a flag showing an official U.S. Government seal or insignia, or the POW/MIA flag.
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The section states that no money from this Act can be used to finish any rule or regulation that fits a certain legal definition in section 804(2)(A) of title 5 of the United States Code.
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None of the funds from this Act can be used for developing or carrying out guidelines about the value of ecosystem services and natural assets in federal regulatory decisions, as outlined by Executive Order 14072.
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The section states that the funds provided by this act or any other related appropriation for the Columbia Basin Restoration Initiative are capped at $300 million. This limit applies to costs that the Bonneville Power Administration has to reimburse under their commitments from the 2023 agreement between the U.S., two states, several tribes, and non-profit organizations.
Money References
- The funds made available in this act or any other appropriations act for the purposes of implementing the United States Government Commitments in support of the Columbia Basin Restoration Initiative set forth in the Memorandum of Understanding of December 14, 2023, between the United States, the States of Oregon and Washington, the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Nez Perce Tribe, and environmental non-profit organizations, that require reimbursement by the Bonneville Power Administration and do not arise from Bonneville’s current reimbursement obligations, shall be limited to the $300,000,000 Bonneville committed to in such Commitments of December 14, 2023, should Bonneville be required to implement the U.S. Government Commitments in support of the Columbia Basin Restoration Initiative set forth in the Memorandum of Understanding of December 14, 2023, between the United States; the States of Oregon and Washington; the Confederated Tribes and Bands of the Yakama Nation; the Confederated Tribes of the Umatilla Indian Reservation; the Confederated Tribes of the Warm Springs Reservation; the Nez Perce Tribe; and environmental non-profit organizations. ---
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The section prohibits funding from being used to enforce specific energy conservation rules set by the Department of Energy. These rules involve energy standards for distribution transformers, manufactured housing, room air conditioners, and conventional cooking products.
515. Spending Reduction Account Read Opens in new tab
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The Spending Reduction Account in Section 515 of the bill states that there are no funds allocated to it, as indicated by the "$0" amount.
Money References
- SEC. 515. Spending Reduction Account. $0. ---
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This part of the bill states that it can be called the “Energy and Water Development and Related Agencies Appropriations Act, 2025.”