ENERGY PROGRAMS

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, $3,460,000,000, to remain available until expended: Provided, That of such amount, $223,000,000 shall be available until September 30, 2024, 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, 2024, 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, $350,000,000, to remain available until expended: Provided, That of such amount, $23,000,000 shall be available until September 30, 2024, for program direction. Nuclear Energy (including transfer of funds) 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 136 STAT. 4633 of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,473,000,000, to remain available until expended, of which $20,000,000 shall be transferred to “Department of Energy—Energy Programs—Science”, for hot cells operations and maintenance: Provided, That of such amount, $85,000,000 shall be available until September 30, 2024, 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 “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 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), $890,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2024, for program direction. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $221,968,652, to remain available until expended, for projects specified in the table that appears under the heading “Community Project Funding and Congressionally Directed Spending of Energy Projects” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). Naval Petroleum and Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,004,000, 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.), $207,175,000, to remain available until expended.136 STAT. 4634 SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing America’s Surface Transportation Act (42 U.S.C. 6241 note), and section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to remain available until expended: Provided, That of the unobligated balances from amounts deposited under this heading pursuant to section 167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6247(b)(3)), $2,052,000,000 is hereby permanently rescinded not later than September 30, 2023. 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.), $7,000,000, 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, and the purchase of one passenger motor vehicle, $358,583,000, 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 2023 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, $879,052,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $14,800,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.136 STAT. 4635 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, including one ambulance, for replacement only, $8,100,000,000, to remain available until expended: Provided, That of such amount, $211,211,000 shall be available until September 30, 2024, 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, $10,205,000, 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, 2024, for program direction. Clean Energy Demonstrations For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for clean energy demonstrations 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, $89,000,000, to remain available until expended: Provided, That of such amount, $25,000,000 shall be available until September 30, 2024, for program direction. 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, 2024, for program direction. Title 17 Innovative Technology Loan Guarantee Program (including rescission of funds) 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: 136 STAT. 4636 Provided, That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $66,206,000 is appropriated, to remain available until September 30, 2024: Provided further, That up to $66,206,000 of fees collected in fiscal year 2023 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, 2024: Provided further, That to the extent that fees collected in fiscal year 2023 exceed $66,206,000, 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 2023 (estimated at $35,000,000) 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 2023 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. Of the unobligated balances from amounts made available in the first proviso of section 1425 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10) for the cost of loan guarantees under section 1703 of the Energy Policy Act of 2005, $150,000,000 are hereby permanently rescinded: Provided, That, subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans for eligible projects under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $15,000,000,000, to remain available until committed: Provided further, That the amounts provided under this paragraph are in addition to those provided in any other Act: Provided further, That for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That none of such loan guarantee authority made available under this paragraph shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited in the Treasury as offsetting receipts; and (C) equal to the fair 136 STAT. 4637 market value as determined by the head of the relevant Federal agency; (3) projects as a result of such projects benefitting from Federal insurance programs, including under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as the “Price-Anderson Act”); or (4) electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this paragraph shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this paragraph. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2024: Provided, That in this fiscal year and subsequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy may also provide direct loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That such direct loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest: Provided further, That any funds previously appropriated for the cost of loan guarantees under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act: Provided further, That for the cost of direct loans for the Tribal Energy Loan Guarantee Program as provided for in the preceding three provisos and for the cost of guaranteed loans for such program under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000, to remain available until expended: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). 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, 2024, for program direction.136 STAT. 4638 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, 2024, 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 2023 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 2023 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, $86,000,000, to remain available until September 30, 2024.