II 

Calendar No. 204 

116TH CONGRESS 

1ST SESSION S. 2470 

[Report No. 116–102] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2020, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2019 

Mr. ALEXANDER, from the Committee on Appropriations, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2020, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2020, and for other pur7 poses, namely: 
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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to river 

9 and harbor, flood and storm damage reduction, shore pro10 tection, aquatic ecosystem restoration, and related efforts. 

11 INVESTIGATIONS

12 For expenses necessary where authorized by law for 

13 the collection and study of basic information pertaining 

14 to river and harbor, flood and storm damage reduction, 

15 shore protection, aquatic ecosystem restoration, and re16 lated needs; for surveys and detailed studies, and plans 

17 and specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic 

19 ecosystem restoration projects, and related efforts prior to 

20 construction; for restudy of authorized projects; and for 

21 miscellaneous investigations, and, when authorized by law, 

22 surveys and detailed studies, and plans and specifications 

23 of projects prior to construction, $154,880,000, to remain 

24 available until expended: Provided, That the Secretary 

25 shall initiate six new study starts during fiscal year 2020: 
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1 Provided further, That the Secretary shall not deviate from 

2 the new starts proposed in the work plan, once the plan 

3 has been submitted to the Committees on Appropriations 

4 of both Houses of Congress. 

5 CONSTRUCTION

6 For expenses necessary for the construction of river 

7 and harbor, flood and storm damage reduction, shore pro8 tection, aquatic ecosystem restoration, and related 

9 projects authorized by law; for conducting detailed studies, 

10 and plans and specifications, of such projects (including 

11 those involving participation by States, local governments, 

12 or private groups) authorized or made eligible for selection 

13 by law (but such detailed studies, and plans and specifica14 tions, shall not constitute a commitment of the Govern15 ment to construction); $2,795,148,000, to remain avail16 able until expended; of which such sums as are necessary 

17 to cover the Federal share of construction costs for facili18 ties under the Dredged Material Disposal Facilities pro19 gram shall be derived from the Harbor Maintenance Trust 

20 Fund as authorized by Public Law 104–303; and of which 

21 such sums as are necessary to cover one-half of the costs 

22 of construction, replacement, rehabilitation, and expansion 

23 of inland waterways projects, except for Chickamauga 

24 Lock, Tennessee River, Tennessee, which shall be 25 per25 cent during the fiscal year covered by this Act, shall be 
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1 derived from the Inland Waterways Trust Fund, except 

2 as otherwise specifically provided for in law: Provided, 

3 That the Secretary shall initiate six new construction 

4 starts during fiscal year 2020: Provided further, That for 

5 new construction projects, project cost sharing agreements 

6 shall be executed as soon as practicable but no later than 

7 September 30, 2020: Provided further, That no allocation 

8 for a new start shall be considered final and no work al9 lowance shall be made until the Secretary provides to the 

10 Committees on Appropriations of both Houses of Congress 

11 an out-year funding scenario demonstrating the afford12 ability of the selected new starts and the impacts on other 

13 projects: Provided further, That the Secretary may not de14 viate from the new starts proposed in the work plan, once 

15 the plan has been submitted to the Committees on Appro16 priations of both Houses of Congress. 

17 MISSISSIPPI RIVER AND TRIBUTARIES

18 For expenses necessary for flood damage reduction 

19 projects and related efforts in the Mississippi River allu20 vial valley below Cape Girardeau, Missouri, as authorized 

21 by law, $368,000,000, to remain available until expended, 

22 of which such sums as are necessary to cover the Federal 

23 share of eligible operation and maintenance costs for in24 land harbors shall be derived from the Harbor Mainte25 nance Trust Fund. 
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1 OPERATION AND MAINTENANCE

2 For expenses necessary for the operation, mainte3 nance, and care of existing river and harbor, flood and 

4 storm damage reduction, aquatic ecosystem restoration, 

5 and related projects authorized by law; providing security 

6 for infrastructure owned or operated by the Corps, includ7 ing administrative buildings and laboratories; maintaining 

8 harbor channels provided by a State, municipality, or 

9 other public agency that serve essential navigation needs 

10 of general commerce, where authorized by law; surveying 

11 and charting northern and northwestern lakes and con12 necting waters; clearing and straightening channels; and 

13 removing obstructions to navigation, $3,798,972,000, to 

14 remain available until expended, of which such sums as 

15 are necessary to cover the Federal share of eligible oper16 ation and maintenance costs for coastal harbors and chan17 nels, and for inland harbors shall be derived from the Har18 bor Maintenance Trust Fund; of which such sums as be19 come available from the special account for the Corps of 

20 Engineers established by the Land and Water Conserva21 tion Fund Act of 1965 shall be derived from that account 

22 for resource protection, research, interpretation, and 

23 maintenance activities related to resource protection in the 

24 areas at which outdoor recreation is available; and of 

25 which such sums as become available from fees collected 
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1 under section 217 of Public Law 104–303 shall be used 

2 to cover the cost of operation and maintenance of the 

3 dredged material disposal facilities for which such fees 

4 have been collected: Provided, That 1 percent of the total 

5 amount of funds provided for each of the programs, 

6 projects, or activities funded under this heading shall not 

7 be allocated to a field operating activity prior to the begin8 ning of the fourth quarter of the fiscal year and shall be 

9 available for use by the Chief of Engineers to fund such 

10 emergency activities as the Chief of Engineers determines 

11 to be necessary and appropriate, and that the Chief of En12 gineers shall allocate during the fourth quarter any re13 maining funds which have not been used for emergency 

14 activities proportionally in accordance with the amounts 

15 provided for the programs, projects, or activities. 

16 REGULATORY PROGRAM

17 For expenses necessary for administration of laws 

18 pertaining to regulation of navigable waters and wetlands, 

19 $200,000,000, to remain available until September 30, 

20 2021. 

21 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

22 For expenses necessary to clean up contamination 

23 from sites in the United States resulting from work per24 formed as part of the Nation’s early atomic energy pro25 gram, $200,000,000, to remain available until expended. 
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary to prepare for flood, hurri3 cane, and other natural disasters and support emergency 

4 operations, repairs, and other activities in response to 

5 such disasters as authorized by law, $35,000,000, to re6 main available until expended. 

7 EXPENSES

8 For expenses necessary for the supervision and gen9 eral administration of the civil works program in the head10 quarters of the Corps of Engineers and the offices of the 

11 Division Engineers; and for costs of management and op12 eration of the Humphreys Engineer Center Support Activ13 ity, the Institute for Water Resources, the United States 

14 Army Engineer Research and Development Center, and 

15 the United States Army Corps of Engineers Finance Cen16 ter allocable to the civil works program, $193,000,000, to 

17 remain available until September 30, 2021, of which not 

18 to exceed $5,000 may be used for official reception and 

19 representation purposes and only during the current fiscal 

20 year: Provided, That no part of any other appropriation 

21 provided in this title shall be available to fund the civil 

22 works activities of the Office of the Chief of Engineers 

23 or the civil works executive direction and management ac24 tivities of the division offices: Provided further, That any 

25 Flood Control and Coastal Emergencies appropriation 
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1 may be used to fund the supervision and general adminis2 tration of emergency operations, repairs, and other activi3 ties in response to any flood, hurricane, or other natural 

4 disaster. 

5 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

6 FOR CIVIL WORKS

7 For the Office of the Assistant Secretary of the Army 

8 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

9 $5,000,000, to remain available until September 30, 2021: 

10 Provided, That not more than 25 percent of such amount 

11 may be obligated or expended until the Assistant Sec12 retary submits to the Committees on Appropriations of 

13 both Houses of Congress a work plan that allocates at 

14 least 95 percent of the additional funding provided under 

15 each heading in this title, as designated under such head16 ing in the report of the Committee on Appropriations ac17 companying this Act, to specific programs, projects, or ac18 tivities. 

19 GENERAL PROVISIONS—CORPS OF 

20 ENGINEERS—CIVIL 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 101. (a) None of the funds provided in title I 

23 of this Act, or provided by previous appropriations Acts 

24 to the agencies or entities funded in title I of this Act 

25 that remain available for obligation or expenditure in fiscal 
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1 year 2020, shall be available for obligation or expenditure 

2 through a reprogramming of funds that: 

3 (1) creates or initiates a new program, project, 

4 or activity; 

5 (2) eliminates a program, project, or activity; 

6 (3) increases funds or personnel for any pro7 gram, project, or activity for which funds have been 

8 denied or restricted by this Act, unless prior ap9 proval is received from the House and Senate Com10 mittees on Appropriations; 

11 (4) proposes to use funds directed for a specific 

12 activity for a different purpose, unless prior approval 

13 is received from the House and Senate Committees 

14 on Appropriations; 

15 (5) augments or reduces existing programs, 

16 projects, or activities in excess of the amounts con17 tained in paragraphs (6) through (10), unless prior 

18 approval is received from the House and Senate 

19 Committees on Appropriations; 

20 (6) INVESTIGATIONS.—For a base level over 

21 $100,000, reprogramming of 25 percent of the base 

22 amount up to a limit of $150,000 per project, study 

23 or activity is allowed: Provided, That for a base level 

24 less than $100,000, the reprogramming limit is 

25 $25,000: Provided further, That up to $25,000 may 
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1 be reprogrammed into any continuing study or activ2 ity that did not receive an appropriation for existing 

3 obligations and concomitant administrative expenses; 

4 (7) CONSTRUCTION.—For a base level over 

5 $2,000,000, reprogramming of 15 percent of the 

6 base amount up to a limit of $3,000,000 per project, 

7 study or activity is allowed: Provided, That for a 

8 base level less than $2,000,000, the reprogramming 

9 limit is $300,000: Provided further, That up to 

10 $3,000,000 may be reprogrammed for settled con11 tractor claims, changed conditions, or real estate de12 ficiency judgments: Provided further, That up to 

13 $300,000 may be reprogrammed into any continuing 

14 study or activity that did not receive an appropria15 tion for existing obligations and concomitant admin16 istrative expenses; 

17 (8) OPERATION AND MAINTENANCE.—Unlim18 ited reprogramming authority is granted for the 

19 Corps to be able to respond to emergencies: Pro20 vided, That the Chief of Engineers shall notify the 

21 House and Senate Committees on Appropriations of 

22 these emergency actions as soon thereafter as prac23 ticable: Provided further, That for a base level over 

24 $1,000,000, reprogramming of 15 percent of the 

25 base amount up to a limit of $5,000,000 per project, 
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1 study, or activity is allowed: Provided further, That 

2 for a base level less than $1,000,000, the re3 programming limit is $150,000: Provided further, 

4 That $150,000 may be reprogrammed into any con5 tinuing study or activity that did not receive an ap6 propriation; 

7 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

8 The reprogramming guidelines in paragraphs (6), 

9 (7), and (8) shall apply to the Investigations, Con10 struction, and Operation and Maintenance portions 

11 of the Mississippi River and Tributaries Account, re12 spectively; and 

13 (10) FORMERLY UTILIZED SITES REMEDIAL AC14 TION PROGRAM.—Reprogramming of up to 15 per15 cent of the base of the receiving project is permitted. 

16 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

17 should a reprogramming for less than $50,000 be sub18 mitted to the House and Senate Committees on Appro19 priations. 

20 (c) CONTINUING AUTHORITIES PROGRAM.—Sub21 section (a)(1) shall not apply to any project or activity 

22 funded under the continuing authorities program. 

23 (d) Not later than 60 days after the date of enact24 ment of this Act, the Secretary shall submit a report to 

25 the House and Senate Committees on Appropriations to 
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1 establish the baseline for application of reprogramming 

2 and transfer authorities for the current fiscal year which 

3 shall include: 

4 (1) A table for each appropriation with a sepa5 rate column to display the President’s budget re6 quest, adjustments made by Congress, adjustments 

7 due to enacted rescissions, if applicable, and the fis8 cal year enacted level; and 

9 (2) A delineation in the table for each appro10 priation both by object class and program, project 

11 and activity as detailed in the budget appendix for 

12 the respective appropriations; and 

13 (3) An identification of items of special congres14 sional interest. 

15 SEC. 102. The Secretary shall allocate funds made 

16 available in this Act solely in accordance with the provi17 sions of this Act and the report of the Committee on Ap18 propriations accompanying this Act, including the deter19 mination and designation of new starts. 

20 SEC. 103. None of the funds made available in this 

21 title may be used to award or modify any contract that 

22 commits funds beyond the amounts appropriated for that 

23 program, project, or activity that remain unobligated, ex24 cept that such amounts may include any funds that have 
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1 been made available through reprogramming pursuant to 

2 section 101. 

3 SEC. 104. The Secretary of the Army may transfer 

4 to the Fish and Wildlife Service, and the Fish and Wildlife 

5 Service may accept and expend, up to $5,400,000 of funds 

6 provided in this title under the heading ‘‘Operation and 

7 Maintenance’’ to mitigate for fisheries lost due to Corps 

8 of Engineers projects. 

9 SEC. 105. None of the funds in this Act shall be used 

10 for an open lake placement alternative for dredged mate11 rial, after evaluating the least costly, environmentally ac12 ceptable manner for the disposal or management of 

13 dredged material originating from Lake Erie or tributaries 

14 thereto, unless it is approved under a State water quality 

15 certification pursuant to section 401 of the Federal Water 

16 Pollution Control Act (33 U.S.C. 1341): Provided, That 

17 until an open lake placement alternative for dredged mate18 rial is approved under a State water quality certification, 

19 the Corps of Engineers shall continue upland placement 

20 of such dredged material consistent with the requirements 

21 of section 101 of the Water Resources Development Act 

22 of 1986 (33 U.S.C. 2211). 

23 SEC. 106. None of the funds made available by this 

24 Act or any other Act may be used to reorganize or to 

25 transfer the Civil Works functions or authority of the 
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1 Corps of Engineers or the Secretary of the Army to an2 other department or agency. 

3 SEC. 107. None of the funds made available by this 

4 Act may be used to require a permit for the discharge 

5 of dredged or fill material under the Federal Water Pollu6 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 

7 identified in subparagraphs (A) and (C) of section 

8 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 
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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $20,000,000, to remain 

7 available until expended, of which $1,800,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 

11 the amount provided under this heading, $1,500,000 shall 

12 be available until September 30, 2021, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 

15 year 2020, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 

17 use an amount not to exceed $1,500,000 for administra18 tive expenses. 

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 
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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, federally 

10 recognized Indian tribes, and others, $1,582,151,000, to 

11 remain available until expended, of which $69,900,000 

12 shall be available for transfer to the Upper Colorado River 

13 Basin Fund and $5,000,000 shall be available for transfer 

14 to the Lower Colorado River Basin Development Fund; 

15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 

17 $10,000,000 shall be available for transfer into the Black18 feet Water Settlement Implementation Fund established 

19 by section 3717 of Public Law 114–322: Provided further, 

20 That the unobligated balances in ‘‘Water and Related Re21 sources’’ for the Blackfeet Water Rights Settlement Act 

22 may be transferred to the Blackfeet Water Settlement Im23 plementation Fund account: Provided further, That such 

24 transfers may be increased or decreased within the overall 

25 appropriation under this heading: Provided further, That 
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1 within available funds, $250,000 shall be for grants and 

2 financial assistance for educational activities: Provided 

3 further, That of the total appropriated, the amount for 

4 program activities that can be financed by the Reclama5 tion Fund or the Bureau of Reclamation special fee ac6 count established by 16 U.S.C. 6806 shall be derived from 

7 that Fund or account: Provided further, That funds con8 tributed under 43 U.S.C. 395 are available until expended 

9 for the purposes for which the funds were contributed: 

10 Provided further, That funds advanced under 43 U.S.C. 

11 397a shall be credited to this account and are available 

12 until expended for the same purposes as the sums appro13 priated under this heading: Provided further, That of the 

14 amounts provided herein, funds may be used for high-pri15 ority projects which shall be carried out by the Youth Con16 servation Corps, as authorized by 16 U.S.C. 1706: Pro17 vided further, That of the amounts made available under 

18 this heading, $4,000,000 shall be for one payment for de19 ferred construction funding to the Navajo Nation to fulfill 

20 the construction obligations described in section 15(b) of 

21 the Colorado Ute Indian Water Rights Settlement Act of 

22 1988 (Public Law 100–585), as amended by the Colorado 

23 Ute Settlement Act Amendments of 2000 (Public Law 

24 106–554), and to complete the commissioning and title 

25 transfer of the Navajo Nation Municipal Pipeline: Pro-
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1 vided further, That in accordance with section 4009(c) of 

2 Public Law 114–322, and as recommended by the Sec3 retary in a letter dated February 13, 2019, funding pro4 vided for such purpose in fiscal year 2018 shall be made 

5 available to the Expanding Recycled Water Delivery 

6 Project (VenturaWaterPure), the Pure Water Monterey 

7 Groundwater Replenishment Project, the Groundwater 

8 Reliability Improvement Program (GRIP) Recycled Water 

9 Project, the North Valley Regional Recycled Water Pro10 gram, the South Sacramento County Agriculture and 

11 Habitat Lands Recycled Water Program, and the Central 

12 Coast Blue project: Provided further, That the Secretary 

13 may also use funds appropriated pursuant to section 

14 4009(c) in fiscal years 2019 and 2020 for additional fund15 ing for such projects in the preceding proviso without fur16 ther Congressional approval: Provided further, That in ac17 cordance with section 4007 of Public Law 114–322, and 

18 as recommended by the Secretary in a letter dated Feb19 ruary 13, 2019, funding provided for such purpose in fis20 cal years 2017 and 2018 shall be made available to the 

21 Cle Elum Pool Raise, the Boise River Basin Feasibility 

22 Study, the Del Puerto Water District, the Los Vaqueros 

23 Reservoir Phase 2 Expansion Project, the North-of-the 

24 Delta Off stream Storage (Sites Reservoir Project), and 

25 the Friant-Kern Canal Capacity Correction Resulting 
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1 Subsidence: Provided further, That the Secretary may use 

2 any other funds appropriated pursuant to section 4007 in 

3 fiscal years 2017 to 2020 solely for projects approved in 

4 the preceding proviso without further Congressional ap5 proval: Provided further, That the Secretary may not use 

6 funds for any specific project for construction activities 

7 pursuant to sections 4007, 4009(a), and 4009(c) of Public 

8 Law 114–322 unless Congress has previously approved a 

9 request for construction funding for that specific project: 

10 Provided further, That in accordance with section 4009(a) 

11 of Public Law 114–322, and as recommended by the Sec12 retary in a letter dated February 13, 2019, funding pro13 vided for such purpose in fiscal years 2017 and 2018 shall 

14 be made available to the Doheny Ocean Desalination 

15 Project, the Kay Bailey Hutchison Desalination Plant, the 

16 North Pleasant Valley Desalter Facility, and the Mission 

17 Basin Groundwater Purification Facility Well Expansion 

18 and Brine Minimization: Provided further, That the Sec19 retary may also use funds appropriated pursuant to sec20 tion 4009(a) in fiscal years 2019 and 2020 for additional 

21 funding for such projects in the preceding proviso without 

22 further Congressional approval. 

23 CENTRAL VALLEY PROJECT RESTORATION FUND

24 For carrying out the programs, projects, plans, habi25 tat restoration, improvement, and acquisition provisions of 
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1 the Central Valley Project Improvement Act, $54,849,000, 

2 to be derived from such sums as may be collected in the 

3 Central Valley Project Restoration Fund pursuant to sec4 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

5 102–575, to remain available until expended: Provided, 

6 That the Bureau of Reclamation is directed to assess and 

7 collect the full amount of the additional mitigation and 

8 restoration payments authorized by section 3407(d) of 

9 Public Law 102–575: Provided further, That none of the 

10 funds made available under this heading may be used for 

11 the acquisition or leasing of water for in-stream purposes 

12 if the water is already committed to in-stream purposes 

13 by a court adopted decree or order. 

14 CALIFORNIA BAY-DELTA RESTORATION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For carrying out activities authorized by the Water 

17 Supply, Reliability, and Environmental Improvement Act, 

18 consistent with plans to be approved by the Secretary of 

19 the Interior, $33,000,000, to remain available until ex20 pended, of which such amounts as may be necessary to 

21 carry out such activities may be transferred to appropriate 

22 accounts of other participating Federal agencies to carry 

23 out authorized purposes: Provided, That funds appro24 priated herein may be used for the Federal share of the 

25 costs of CALFED Program management: Provided fur-
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1 ther, That CALFED implementation shall be carried out 

2 in a balanced manner with clear performance measures 

3 demonstrating concurrent progress in achieving the goals 

4 and objectives of the Program. 

5 POLICY AND ADMINISTRATION

6 For expenses necessary for policy, administration, 

7 and related functions in the Office of the Commissioner, 

8 the Denver office, and offices in the five regions of the 

9 Bureau of Reclamation, to remain available until Sep10 tember 30, 2021, $60,000,000, to be derived from the 

11 Reclamation Fund and be nonreimbursable as provided in 

12 43 U.S.C. 377: Provided, That no part of any other appro13 priation in this Act shall be available for activities or func14 tions budgeted as policy and administration expenses. 

15 ADMINISTRATIVE PROVISION

16 Appropriations for the Bureau of Reclamation shall 

17 be available for purchase of not to exceed five passenger 

18 motor vehicles, which are for replacement only. 

19 GENERAL PROVISIONS—DEPARTMENT OF THE 

20 INTERIOR 

21 SEC. 201. (a) None of the funds provided in title II 

22 of this Act for Water and Related Resources, or provided 

23 by previous or subsequent appropriations Acts to the agen24 cies or entities funded in title II of this Act for Water 

25 and Related Resources that remain available for obligation 
22 

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1 or expenditure in fiscal year 2020, shall be available for 

2 obligation or expenditure through a reprogramming of 

3 funds that— 

4 (1) initiates or creates a new program, project, 

5 or activity; 

6 (2) eliminates a program, project, or activity; 

7 (3) increases funds for any program, project, or 

8 activity for which funds have been denied or re9 stricted by this Act, unless prior approval is received 

10 from the Committees on Appropriations of the 

11 House of Representatives and the Senate; 

12 (4) restarts or resumes any program, project or 

13 activity for which funds are not provided in this Act, 

14 unless prior approval is received from the Commit15 tees on Appropriations of the House of Representa16 tives and the Senate; 

17 (5) transfers funds in excess of the following 

18 limits, unless prior approval is received from the 

19 Committees on Appropriations of the House of Rep20 resentatives and the Senate: 

21 (A) 15 percent for any program, project or 

22 activity for which $2,000,000 or more is avail23 able at the beginning of the fiscal year; or 
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1 (B) $400,000 for any program, project or 

2 activity for which less than $2,000,000 is avail3 able at the beginning of the fiscal year; 

4 (6) transfers more than $500,000 from either 

5 the Facilities Operation, Maintenance, and Rehabili6 tation category or the Resources Management and 

7 Development category to any program, project, or 

8 activity in the other category, unless prior approval 

9 is received from the Committees on Appropriations 

10 of the House of Representatives and the Senate; or 

11 (7) transfers, where necessary to discharge legal 

12 obligations of the Bureau of Reclamation, more than 

13 $5,000,000 to provide adequate funds for settled 

14 contractor claims, increased contractor earnings due 

15 to accelerated rates of operations, and real estate de16 ficiency judgments, unless prior approval is received 

17 from the Committees on Appropriations of the 

18 House of Representatives and the Senate. 

19 (b) Subsection (a)(5) shall not apply to any transfer 

20 of funds within the Facilities Operation, Maintenance, and 

21 Rehabilitation category. 

22 (c) For purposes of this section, the term ‘‘transfer’’ 

23 means any movement of funds into or out of a program, 

24 project, or activity. 
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1 (d) The Bureau of Reclamation shall submit reports 

2 on a quarterly basis to the Committees on Appropriations 

3 of the House of Representatives and the Senate detailing 

4 all the funds reprogrammed between programs, projects, 

5 activities, or categories of funding. The first quarterly re6 port shall be submitted not later than 60 days after the 

7 date of enactment of this Act. 

8 SEC. 202. (a) None of the funds appropriated or oth9 erwise made available by this Act may be used to deter10 mine the final point of discharge for the interceptor drain 

11 for the San Luis Unit until development by the Secretary 

12 of the Interior and the State of California of a plan, which 

13 shall conform to the water quality standards of the State 

14 of California as approved by the Administrator of the En15 vironmental Protection Agency, to minimize any detri16 mental effect of the San Luis drainage waters. 

17 (b) The costs of the Kesterson Reservoir Cleanup 

18 Program and the costs of the San Joaquin Valley Drain19 age Program shall be classified by the Secretary of the 

20 Interior as reimbursable or nonreimbursable and collected 

21 until fully repaid pursuant to the ‘‘Cleanup Program— 

22 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter23 native Repayment Plan’’ described in the report entitled 

24 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro25 gram and San Joaquin Valley Drainage Program, Feb-
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1 ruary 1995’’, prepared by the Department of the Interior, 

2 Bureau of Reclamation. Any future obligations of funds 

3 by the United States relating to, or providing for, drainage 

4 service or drainage studies for the San Luis Unit shall 

5 be fully reimbursable by San Luis Unit beneficiaries of 

6 such service or studies pursuant to Federal reclamation 

7 law. 

8 SEC. 203. Section 9504(e) of the Omnibus Public 

9 Land Management Act of 2009 (42 U.S.C. 10364(e)) is 

10 amended by striking ‘‘$480,000,000’’ and inserting 

11 ‘‘$540,000,000’’. 

12 SEC. 204. Title I of Public Law 108–361 (the 

13 CALFED Bay-Delta Authorization Act)(118 Stat. 1681), 

14 as amended by Section 4007(k) of Public Law 114–322, 

15 is amended by striking ‘‘2019’’ each place it appears and 

16 inserting ‘‘2020’’. 

17 SEC. 205. Section 9106(g)(2) of Public Law 111–11 

18 (Omnibus Public Land Management Act of 2009) is 

19 amended by striking ‘‘2019’’ and inserting ‘‘2020’’. 
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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 (INCLUDING RESCISSION OF FUNDS)

6 For Department of Energy expenses including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for energy 

9 efficiency and renewable energy activities in carrying out 

10 the purposes of the Department of Energy Organization 

11 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

12 condemnation of any real property or any facility or for 

13 plant or facility acquisition, construction, or expansion, 

14 $2,858,000,000, to remain available until expended: Pro15 vided, That of such amount, $165,000,000 shall be avail16 able until September 30, 2021, for program direction: Pro17 vided further, That of the unobligated balances from prior 

18 year appropriations available under this heading, 

19 $58,000,000 is hereby rescinded: Provided further, That 

20 no amounts may be rescinded from amounts that were 

21 designated by the Congress as an emergency requirement 

22 pursuant to the Concurrent Resolution on the Budget or 

23 the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 
27 

•S 2470 RS

1 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

2 RESPONSE

3 For Department of Energy expenses including the 

4 purchase, construction, and acquisition of plant and cap5 ital equipment, and other expenses necessary for energy 

6 sector cybersecurity, energy security, and emergency re7 sponse activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition or condemnation of any 

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $179,000,000, to remain 

12 available until expended: Provided, That of such amount, 

13 $13,000,000 shall be available until September 30, 2021, 

14 for program direction. 

15 ELECTRICITY

16 For Department of Energy expenses including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment, and other expenses necessary for elec19 tricity delivery activities in carrying out the purposes of 

20 the Department of Energy Organization Act (42 U.S.C. 

21 7101 et seq.), including the acquisition or condemnation 

22 of any real property or any facility or for plant or facility 

23 acquisition, construction, or expansion, $221,000,000, to 

24 remain available until expended: Provided, That of such 
28 

•S 2470 RS

1 amount, $19,600,000 shall be available until September 

2 30, 2021, for program direction. 

3 NUCLEAR ENERGY

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for nuclear 

7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition or condemnation of any 

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $1,517,808,000, to re12 main available until expended: Provided, That of such 

13 amount, $80,000,000 shall be available until September 

14 30, 2021, for program direction. 

15 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

16 For Department of Energy expenses necessary in car17 rying out fossil energy research and development activi18 ties, under the authority of the Department of Energy Or19 ganization Act (42 U.S.C. 7101 et seq.), including the ac20 quisition of interest, including defeasible and equitable in21 terests in any real property or any facility or for plant 

22 or facility acquisition or expansion, and for conducting in23 quiries, technological investigations and research con24 cerning the extraction, processing, use, and disposal of 

25 mineral substances without objectionable social and envi-
29 

•S 2470 RS

1 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

2 $800,000,000, to remain available until expended: Pro3 vided, That of such amount $64,000,000 shall be available 

4 until September 30, 2021, for program direction. 

5 NAVAL PETROLEUM AND OIL SHALE RESERVES

6 For Department of Energy expenses necessary to 

7 carry out naval petroleum and oil shale reserve activities, 

8 $14,000,000, to remain available until expended: Pro9 vided, That notwithstanding any other provision of law, 

10 unobligated funds remaining from prior years shall be 

11 available for all naval petroleum and oil shale reserve ac12 tivities. 

13 STRATEGIC PETROLEUM RESERVE

14 For Department of Energy expenses necessary for 

15 Strategic Petroleum Reserve facility development and op16 erations and program management activities pursuant to 

17 the Energy Policy and Conservation Act (42 U.S.C. 6201 

18 et seq.), $174,000,000, to remain available until expended: 

19 Provided, That, as authorized by section 404 of the Bipar20 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 

21 6239 note), the Secretary of Energy shall draw down and 

22 sell not to exceed $450,000,000 of crude oil from the Stra23 tegic Petroleum Reserve in fiscal year 2020: Provided fur24 ther, That the proceeds from such drawdown and sale shall 

25 be deposited into the ‘‘Energy Security and Infrastructure 
30 

•S 2470 RS

1 Modernization Fund’’ during fiscal year 2020: Provided 

2 further, That such amounts shall be made available and 

3 shall remain available until expended for necessary ex4 penses to carry out the Life Extension II project for the 

5 Strategic Petroleum Reserve. 

6 SPR PETROLEUM ACCOUNT

7 For the acquisition, transportation, and injection of 

8 petroleum products, and for other necessary expenses pur9 suant to the Energy Policy and Conservation Act of 1975, 

10 as amended (42 U.S.C. 6201 et seq.), sections 403 and 

11 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 

12 6241, 6239 note), and section 5010 of the 21st Century 

13 Cures Act (Public Law 114–255), $10,000,000, to remain 

14 available until expended. 

15 NORTHEAST HOME HEATING OIL RESERVE

16 For Department of Energy expenses necessary for 

17 Northeast Home Heating Oil Reserve storage, operation, 

18 and management activities pursuant to the Energy Policy 

19 and Conservation Act (42 U.S.C. 6201 et seq.), 

20 $10,000,000, to remain available until expended. 

21 ENERGY INFORMATION ADMINISTRATION

22 For Department of Energy expenses necessary in car23 rying out the activities of the Energy Information Admin24 istration, $132,000,000, to remain available until ex25 pended. 
31 

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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-de5 fense environmental cleanup activities in carrying out the 

6 purposes of the Department of Energy Organization Act 

7 (42 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant 

9 or facility acquisition, construction, or expansion, 

10 $318,000,000, to remain available until expended: Pro11 vided, That $200,000 of the funds provided are for com12 munity support. 

13 URANIUM ENRICHMENT DECONTAMINATION AND

14 DECOMMISSIONING FUND

15 For Department of Energy expenses necessary in car16 rying out uranium enrichment facility decontamination 

17 and decommissioning, remedial actions, and other activi18 ties of title II of the Atomic Energy Act of 1954, and 

19 title X, subtitle A, of the Energy Policy Act of 1992, 

20 $906,695,000, to be derived from the Uranium Enrich21 ment Decontamination and Decommissioning Fund, to re22 main available until expended, of which $30,695,000 shall 

23 be available in accordance with title X, subtitle A, of the 

24 Energy Policy Act of 1992. 
32 

•S 2470 RS

1 SCIENCE

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for science 

5 activities in carrying out the purposes of the Department 

6 of Energy Organization Act (42 U.S.C. 7101 et seq.), in7 cluding the acquisition or condemnation of any real prop8 erty or any facility or for plant or facility acquisition, con9 struction, or expansion, and purchase of not more than 

10 16 passenger motor vehicles including one bus, and one 

11 airplane for replacement only, $7,215,000,000, to remain 

12 available until expended: Provided, That of such amount, 

13 $188,000,000 shall be available until September 30, 2021, 

14 for program direction. 

15 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

16 For Department of Energy expenses necessary in car17 rying out the activities authorized by section 5012 of the 

18 America COMPETES Act (Public Law 110–69), 

19 $428,000,000, to remain available until expended: Pro20 vided, That of such amount, $35,000,000 shall be avail21 able until September 30, 2021, for program direction. 

22 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

23 PROGRAM

24 Such sums as are derived from amounts received 

25 from borrowers pursuant to section 1702(b) of the Energy 
33 

•S 2470 RS

1 Policy Act of 2005 under this heading in prior Acts, shall 

2 be collected in accordance with section 502(7) of the Con3 gressional Budget Act of 1974: Provided, That for nec4 essary administrative expenses of the Title 17 Innovative 

5 Technology Loan Guarantee Program, as authorized, 

6 $32,000,000 is appropriated, to remain available until 

7 September 30, 2021: Provided further, That up to 

8 $32,000,000 of fees collected in fiscal year 2020 pursuant 

9 to section 1702(h) of the Energy Policy Act of 2005 shall 

10 be credited as offsetting collections under this heading and 

11 used for necessary administrative expenses in this appro12 priation and shall remain available until September 30, 

13 2021: Provided further, That to the extent that fees col14 lected in fiscal year 2021 exceed $32,000,000, those ex15 cess amounts shall be credited as offsetting collections 

16 under this heading and available in future fiscal years only 

17 to the extent provided in advance in appropriations Acts: 

18 Provided further, That the sum herein appropriated from 

19 the general fund shall be reduced (1) as such fees are re20 ceived during fiscal year 2020 (estimated at $3,000,000) 

21 and (2) to the extent that any remaining general fund ap22 propriations can be derived from fees collected in previous 

23 fiscal years that are not otherwise appropriated, so as to 

24 result in a final fiscal year 2020 appropriation from the 

25 general fund estimated at $0: Provided further, That the 
34 

•S 2470 RS

1 Department of Energy shall not subordinate any loan obli2 gation to other financing in violation of section 1702 of 

3 the Energy Policy Act of 2005 or subordinate any Guaran4 teed Obligation to any loan or other debt obligations in 

5 violation of section 609.10 of title 10, Code of Federal 

6 Regulations. 

7 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

8 LOAN PROGRAM

9 For Department of Energy administrative expenses 

10 necessary in carrying out the Advanced Technology Vehi11 cles Manufacturing Loan Program, $5,000,000, to remain 

12 available until September 30, 2021. 

13 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

14 For Department of Energy administrative expenses 

15 necessary in carrying out the Tribal Energy Loan Guar16 antee Program, $2,000,000, to remain available until Sep17 tember 30, 2021. 

18 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

19 For necessary expenses for Indian Energy activities 

20 in carrying out the purposes of the Department of Energy 

21 Organization Act (42 U.S.C. 7101 et seq.), $25,000,000, 

22 to remain available until expended: Provided, That, of the 

23 amount appropriated under this heading, $6,000,000 shall 

24 be available until September 30, 2021, for program direc25 tion. 
35 

•S 2470 RS

1 DEPARTMENTAL ADMINISTRATION

2 For salaries and expenses of the Department of En3 ergy necessary for departmental administration in car4 rying out the purposes of the Department of Energy Orga5 nization Act (42 U.S.C. 7101 et seq.), $249,378,000, to 

6 remain available until September 30, 2021, including the 

7 hire of passenger motor vehicles and official reception and 

8 representation expenses not to exceed $30,000, plus such 

9 additional amounts as necessary to cover increases in the 

10 estimated amount of cost of work for others notwith11 standing the provisions of the Anti-Deficiency Act (31 

12 U.S.C. 1511 et seq.): Provided, That such increases in 

13 cost of work are offset by revenue increases of the same 

14 or greater amount: Provided further, That moneys received 

15 by the Department for miscellaneous revenues estimated 

16 to total $93,378,000 in fiscal year 2020 may be retained 

17 and used for operating expenses within this account, as 

18 authorized by section 201 of Public Law 95–238, notwith19 standing the provisions of 31 U.S.C. 3302: Provided fur20 ther, That the sum herein appropriated shall be reduced 

21 as collections are received during the fiscal year so as to 

22 result in a final fiscal year 2020 appropriation from the 

23 general fund estimated at not more than $156,000,000. 
36 

•S 2470 RS

1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses necessary for the Office of the Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, $54,215,000, to remain available 

5 until September 30, 2021. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY 

8 ADMINISTRATION 

9 WEAPONS ACTIVITIES

10 For Department of Energy expenses, including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment and other incidental expenses necessary for 

13 atomic energy defense weapons activities in carrying out 

14 the purposes of the Department of Energy Organization 

15 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

16 condemnation of any real property or any facility or for 

17 plant or facility acquisition, construction, or expansion, 

18 and the purchase of not to exceed one ambulance for re19 placement only, $12,742,000,000, to remain available 

20 until expended: Provided, That of such amount, 

21 $107,660,000 shall be available until September 30, 2021, 

22 for program direction. 

23 DEFENSE NUCLEAR NONPROLIFERATION

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and cap-
37 

•S 2470 RS

1 ital equipment and other incidental expenses necessary for 

2 defense nuclear nonproliferation activities, in carrying out 

3 the purposes of the Department of Energy Organization 

4 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

5 condemnation of any real property or any facility or for 

6 plant or facility acquisition, construction, or expansion, 

7 and the purchase of not to exceed two aircraft, 

8 $2,085,000,000, to remain available until expended. 

9 NAVAL REACTORS

10 For Department of Energy expenses necessary for 

11 naval reactors activities to carry out the Department of 

12 Energy Organization Act (42 U.S.C. 7101 et seq.), includ13 ing the acquisition (by purchase, condemnation, construc14 tion, or otherwise) of real property, plant, and capital 

15 equipment, facilities, and facility expansion, 

16 $1,648,396,000, to remain available until expended: Pro17 vided, That of such amount, $50,500,000 shall be avail18 able until September 30, 2021, for program direction. 

19 FEDERAL SALARIES AND EXPENSES

20 For expenses necessary for Federal Salaries and Ex21 penses in the National Nuclear Security Administration, 

22 $434,699,000, to remain available until September 30, 

23 2021, including official reception and representation ex24 penses not to exceed $17,000. 
38 

•S 2470 RS

1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for atomic 

7 energy defense environmental cleanup activities in car8 rying out the purposes of the Department of Energy Orga9 nization Act (42 U.S.C. 7101 et seq.), including the acqui10 sition or condemnation of any real property or any facility 

11 or for plant or facility acquisition, construction, or expan12 sion, $6,226,000,000, to remain available until expended: 

13 Provided, That of such amount, $293,734,000 shall be 

14 available until September 30, 2021, for program direction. 

15 OTHER DEFENSE ACTIVITIES

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other expenses, necessary for atomic 

19 energy defense, other defense activities, and classified ac20 tivities, in carrying out the purposes of the Department 

21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or any facility or for plant or facility acquisition, con24 struction, or expansion, and purchase of not more than 

25 one passenger motor vehicle, $895,097,000, to remain 
39 

•S 2470 RS

1 available until expended: Provided, That of such amount, 

2 $320,917,000 shall be available until September 30, 2021, 

3 for program direction. 

4 POWER MARKETING ADMINISTRATIONS 

5 BONNEVILLE POWER ADMINISTRATION FUND

6 Expenditures from the Bonneville Power Administra7 tion Fund, established pursuant to Public Law 93–454, 

8 are approved for official reception and representation ex9 penses in an amount not to exceed $5,000: Provided, That 

10 during fiscal year 2020, no new direct loan obligations 

11 may be made. 

12 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

13 ADMINISTRATION

14 For expenses necessary for operation and mainte15 nance of power transmission facilities and for marketing 

16 electric power and energy, including transmission wheeling 

17 and ancillary services, pursuant to section 5 of the Flood 

18 Control Act of 1944 (16 U.S.C. 825s), as applied to the 

19 southeastern power area, $6,597,000, including official re20 ception and representation expenses in an amount not to 

21 exceed $1,500, to remain available until expended: Pro22 vided, That notwithstanding 31 U.S.C. 3302 and section 

23 5 of the Flood Control Act of 1944, up to $6,597,000 col24 lected by the Southeastern Power Administration from the 

25 sale of power and related services shall be credited to this 
40 

•S 2470 RS

1 account as discretionary offsetting collections, to remain 

2 available until expended for the sole purpose of funding 

3 the annual expenses of the Southeastern Power Adminis4 tration: Provided further, That the sum herein appro5 priated for annual expenses shall be reduced as collections 

6 are received during the fiscal year so as to result in a final 

7 fiscal year 2020 appropriation estimated at not more than 

8 $0: Provided further, That notwithstanding 31 U.S.C. 

9 3302, up to $56,000,000 collected by the Southeastern 

10 Power Administration pursuant to the Flood Control Act 

11 of 1944 to recover purchase power and wheeling expenses 

12 shall be credited to this account as offsetting collections, 

13 to remain available until expended for the sole purpose 

14 of making purchase power and wheeling expenditures: 

15 Provided further, That for purposes of this appropriation, 

16 annual expenses means expenditures that are generally re17 covered in the same year that they are incurred (excluding 

18 purchase power and wheeling expenses). 

19 OPERATION AND MAINTENANCE, SOUTHWESTERN

20 POWER ADMINISTRATION

21 For expenses necessary for operation and mainte22 nance of power transmission facilities and for marketing 

23 electric power and energy, for construction and acquisition 

24 of transmission lines, substations and appurtenant facili25 ties, and for administrative expenses, including official re-
41 

•S 2470 RS

1 ception and representation expenses in an amount not to 

2 exceed $1,500 in carrying out section 5 of the Flood Con3 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

4 Southwestern Power Administration, $47,775,000, to re5 main available until expended: Provided, That notwith6 standing 31 U.S.C. 3302 and section 5 of the Flood Con7 trol Act of 1944 (16 U.S.C. 825s), up to $37,375,000 col8 lected by the Southwestern Power Administration from 

9 the sale of power and related services shall be credited to 

10 this account as discretionary offsetting collections, to re11 main available until expended, for the sole purpose of 

12 funding the annual expenses of the Southwestern Power 

13 Administration: Provided further, That the sum herein ap14 propriated for annual expenses shall be reduced as collec15 tions are received during the fiscal year so as to result 

16 in a final fiscal year 2019 appropriation estimated at not 

17 more than $10,400,000: Provided further, That notwith18 standing 31 U.S.C. 3302, up to $15,000,000 collected by 

19 the Southwestern Power Administration pursuant to the 

20 Flood Control Act of 1944 to recover purchase power and 

21 wheeling expenses shall be credited to this account as off22 setting collections, to remain available until expended for 

23 the sole purpose of making purchase power and wheeling 

24 expenditures: Provided further, That for purposes of this 

25 appropriation, annual expenses means expenditures that 
42 

•S 2470 RS

1 are generally recovered in the same year that they are in2 curred (excluding purchase power and wheeling expenses). 

3 CONSTRUCTION, REHABILITATION, OPERATION AND

4 MAINTENANCE, WESTERN AREA POWER ADMINIS5 TRATION

6 For carrying out the functions authorized by title III, 

7 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

8 U.S.C. 7152), and other related activities including con9 servation and renewable resources programs as author10 ized, $262,959,000, including official reception and rep11 resentation expenses in an amount not to exceed $1,500, 

12 to remain available until expended, of which $262,959,000 

13 shall be derived from the Department of the Interior Rec14 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

15 3302, section 5 of the Flood Control Act of 1944 (16 

16 U.S.C. 825s), and section 1 of the Interior Department 

17 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

18 $173,587,000 collected by the Western Area Power Ad19 ministration from the sale of power and related services 

20 shall be credited to this account as discretionary offsetting 

21 collections, to remain available until expended, for the sole 

22 purpose of funding the annual expenses of the Western 

23 Area Power Administration: Provided further, That the 

24 sum herein appropriated for annual expenses shall be re25 duced as collections are received during the fiscal year so 
43 

•S 2470 RS

1 as to result in a final fiscal year 2020 appropriation esti2 mated at not more than $89,372,000, of which 

3 $89,372,000 is derived from the Reclamation Fund: Pro4 vided further, That notwithstanding 31 U.S.C. 3302, up 

5 to $168,000,000 collected by the Western Area Power Ad6 ministration pursuant to the Flood Control Act of 1944 

7 and the Reclamation Project Act of 1939 to recover pur8 chase power and wheeling expenses shall be credited to 

9 this account as offsetting collections, to remain available 

10 until expended for the sole purpose of making purchase 

11 power and wheeling expenditures: Provided further, That 

12 for purposes of this appropriation, annual expenses means 

13 expenditures that are generally recovered in the same year 

14 that they are incurred (excluding purchase power and 

15 wheeling expenses). 

16 FALCON AND AMISTAD OPERATING AND MAINTENANCE

17 FUND

18 For operation, maintenance, and emergency costs for 

19 the hydroelectric facilities at the Falcon and Amistad 

20 Dams, $3,160,000, to remain available until expended, 

21 and to be derived from the Falcon and Amistad Operating 

22 and Maintenance Fund of the Western Area Power Ad23 ministration, as provided in section 2 of the Act of June 

24 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

25 the provisions of that Act and of 31 U.S.C. 3302, up to 
44 

•S 2470 RS

1 $2,932,000 collected by the Western Area Power Adminis2 tration from the sale of power and related services from 

3 the Falcon and Amistad Dams shall be credited to this 

4 account as discretionary offsetting collections, to remain 

5 available until expended for the sole purpose of funding 

6 the annual expenses of the hydroelectric facilities of these 

7 Dams and associated Western Area Power Administration 

8 activities: Provided further, That the sum herein appro9 priated for annual expenses shall be reduced as collections 

10 are received during the fiscal year so as to result in a final 

11 fiscal year 2020 appropriation estimated at not more than 

12 $228,000: Provided further, That for purposes of this ap13 propriation, annual expenses means expenditures that are 

14 generally recovered in the same year that they are in15 curred: Provided further, That for fiscal year 2020, the 

16 Administrator of the Western Area Power Administration 

17 may accept up to $1,187,000 in funds contributed by 

18 United States power customers of the Falcon and Amistad 

19 Dams for deposit into the Falcon and Amistad Operating 

20 and Maintenance Fund, and such funds shall be available 

21 for the purpose for which contributed in like manner as 

22 if said sums had been specifically appropriated for such 

23 purpose: Provided further, That any such funds shall be 

24 available without further appropriation and without fiscal 

25 year limitation for use by the Commissioner of the United 
45 

•S 2470 RS

1 States Section of the International Boundary and Water 

2 Commission for the sole purpose of operating, maintain3 ing, repairing, rehabilitating, replacing, or upgrading the 

4 hydroelectric facilities at these Dams in accordance with 

5 agreements reached between the Administrator, Commis6 sioner, and the power customers. 

7 FEDERAL ENERGY REGULATORY COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Federal Energy Regu10 latory Commission to carry out the provisions of the De11 partment of Energy Organization Act (42 U.S.C. 7101 et 

12 seq.), including services as authorized by 5 U.S.C. 3109, 

13 official reception and representation expenses not to ex14 ceed $3,000, and the hire of passenger motor vehicles, 

15 $382,000,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law, 

17 not to exceed $382,000,000 of revenues from fees and an18 nual charges, and other services and collections in fiscal 

19 year 2020 shall be retained and used for expenses nec20 essary in this account, and shall remain available until ex21 pended: Provided further, That the sum herein appro22 priated from the general fund shall be reduced as revenues 

23 are received during fiscal year 2020 so as to result in a 

24 final fiscal year 2020 appropriation from the general fund 

25 estimated at not more than $0. 
46 

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1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

4 SEC. 301. (a) No appropriation, funds, or authority 

5 made available by this title for the Department of Energy 

6 shall be used to initiate or resume any program, project, 

7 or activity or to prepare or initiate Requests For Proposals 

8 or similar arrangements (including Requests for 

9 Quotations, Requests for Information, and Funding Op10 portunity Announcements) for a program, project, or ac11 tivity if the program, project, or activity has not been 

12 funded by Congress. 

13 (b)(1) Unless the Secretary of Energy notifies the 

14 Committees on Appropriations of both Houses of Congress 

15 at least 3 full business days in advance, none of the funds 

16 made available in this title may be used to— 

17 (A) make a grant allocation or discretionary 

18 grant award totaling $1,000,000 or more; 

19 (B) make a discretionary contract award or 

20 Other Transaction Agreement totaling $1,000,000 

21 or more, including a contract covered by the Federal 

22 Acquisition Regulation; 

23 (C) issue a letter of intent to make an alloca24 tion, award, or Agreement in excess of the limits in 

25 subparagraph (A) or (B); or 
47 

•S 2470 RS

1 (D) announce publicly the intention to make an 

2 allocation, award, or Agreement in excess of the lim3 its in subparagraph (A) or (B). 

4 (2) The Secretary of Energy shall submit to the Com5 mittees on Appropriations of both Houses of Congress 

6 within 15 days of the conclusion of each quarter a report 

7 detailing each grant allocation or discretionary grant 

8 award totaling less than $1,000,000 provided during the 

9 previous quarter. 

10 (3) The notification required by paragraph (1) and 

11 the report required by paragraph (2) shall include the re12 cipient of the award, the amount of the award, the fiscal 

13 year for which the funds for the award were appropriated, 

14 the account and program, project, or activity from which 

15 the funds are being drawn, the title of the award, and 

16 a brief description of the activity for which the award is 

17 made. 

18 (c) The Department of Energy may not, with respect 

19 to any program, project, or activity that uses budget au20 thority made available in this title under the heading ‘‘De21 partment of Energy—Energy Programs’’, enter into a 

22 multiyear contract, award a multiyear grant, or enter into 

23 a multiyear cooperative agreement unless— 
48 

•S 2470 RS

1 (1) the contract, grant, or cooperative agree2 ment is funded for the full period of performance as 

3 anticipated at the time of award; or 

4 (2) the contract, grant, or cooperative agree5 ment includes a clause conditioning the Federal Gov6 ernment’s obligation on the availability of future 

7 year budget authority and the Secretary notifies the 

8 Committees on Appropriations of both Houses of 

9 Congress at least 3 days in advance. 

10 (d) Except as provided in subsections (e), (f), and (g), 

11 the amounts made available by this title shall be expended 

12 as authorized by law for the programs, projects, and ac13 tivities specified in the ‘‘FY 2020 Senate’’ column in the 

14 ‘‘Department of Energy’’ table included under the heading 

15 ‘‘Title III—Department of Energy’’ in the report of the 

16 Committee on Appropriations accompanying this Act. 

17 (e) The amounts made available by this title may be 

18 reprogrammed for any program, project, or activity, and 

19 the Department shall notify, and obtain the prior approval 

20 of, the Committees on Appropriations of both Houses of 

21 Congress at least 30 days prior to the use of any proposed 

22 reprogramming that would cause any program, project, or 

23 activity funding level to increase or decrease by more than 

24 $5,000,000 or 10 percent, whichever is less, during the 

25 time period covered by this Act. 
49 

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1 (f) None of the funds provided in this title shall be 

2 available for obligation or expenditure through a re3 programming of funds that— 

4 (1) creates, initiates, or eliminates a program, 

5 project, or activity; 

6 (2) increases funds or personnel for any pro7 gram, project, or activity for which funds are denied 

8 or restricted by this Act; or 

9 (3) reduces funds that are directed to be used 

10 for a specific program, project, or activity by this 

11 Act. 

12 (g)(1) The Secretary of Energy may waive any re13 quirement or restriction in this section that applies to the 

14 use of funds made available for the Department of Energy 

15 if compliance with such requirement or restriction would 

16 pose a substantial risk to human health, the environment, 

17 welfare, or national security. 

18 (2) The Secretary of Energy shall notify the Commit19 tees on Appropriations of both Houses of Congress of any 

20 waiver under paragraph (1) as soon as practicable, but 

21 not later than 3 days after the date of the activity to which 

22 a requirement or restriction would otherwise have applied. 

23 Such notice shall include an explanation of the substantial 

24 risk under paragraph (1) that permitted such waiver. 
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1 (h) The unexpended balances of prior appropriations 

2 provided for activities in this Act may be available to the 

3 same appropriation accounts for such activities established 

4 pursuant to this title. Available balances may be merged 

5 with funds in the applicable established accounts and 

6 thereafter may be accounted for as one fund for the same 

7 time period as originally enacted. 

8 SEC. 302. Funds appropriated by this or any other 

9 Act, or made available by the transfer of funds in this 

10 Act, for intelligence activities are deemed to be specifically 

11 authorized by the Congress for purposes of section 504 

12 of the National Security Act of 1947 (50 U.S.C. 3094) 

13 during fiscal year 2020 until the enactment of the Intel14 ligence Authorization Act for fiscal year 2020. 

15 SEC. 303. None of the funds made available in this 

16 title shall be used for the construction of facilities classi17 fied as high-hazard nuclear facilities under 10 CFR Part 

18 830 unless independent oversight is conducted by the Of19 fice of Enterprise Assessments to ensure the project is in 

20 compliance with nuclear safety requirements. 

21 SEC. 304. None of the funds made available in this 

22 title may be used to approve critical decision-2 or critical 

23 decision-3 under Department of Energy Order 413.3B, or 

24 any successive departmental guidance, for construction 

25 projects where the total project cost exceeds 
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1 $100,000,000, until a separate independent cost estimate 

2 has been developed for the project for that critical deci3 sion. 

4 SEC. 305. Of the offsetting collections, including un5 obligated balances of such collections, in the ‘‘Department 

6 of Energy—Power Marketing Administration—Colorado 

7 River Basins Power Marketing Fund, Western Area 

8 Power Administration’’, $21,400,000 shall be transferred 

9 to the ‘‘Department of Interior—Bureau of Reclama10 tion—Upper Colorado River Basin Fund’’ for the Bureau 

11 of Reclamation to carry out environmental stewardship 

12 and endangered species recovery efforts. 

13 SEC. 306. (a) DEFINITIONS.—In this section: 

14 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af15 fected Indian tribe’’ has the meaning given the term 

16 in section 2 of the Nuclear Waste Policy Act of 1982 

17 (42 U.S.C. 10101). 

18 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

19 term ‘‘high-level radioactive waste’’ has the meaning 

20 given the term in section 2 of the Nuclear Waste 

21 Policy Act of 1982 (42 U.S.C. 10101). 

22 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu23 clear Waste Fund’’ means the Nuclear Waste Fund 

24 established under section 302(c) of the Nuclear 

25 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Energy. 

3 (5) SPENT NUCLEAR FUEL.—The term ‘‘spent 

4 nuclear fuel’’ has the meaning given the term in sec5 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

6 U.S.C. 10101). 

7 (b) PILOT PROGRAM.—Notwithstanding any provi8 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

9 10101 et seq.), the Secretary is authorized, in the current 

10 fiscal year and subsequent fiscal years, to conduct a pilot 

11 program to license, construct, and operate 1 or more Fed12 eral consolidated storage facilities to provide interim stor13 age as needed for spent nuclear fuel and high-level radio14 active nuclear fuel located on sites without an operating 

15 nuclear reactor. 

16 (c) REQUESTS FOR PROPOSALS.—Not later than 120 

17 days after the date of enactment of this Act, the Secretary 

18 shall issue a request for proposals for cooperative agree19 ments— 

20 (1) to obtain any license necessary from the 

21 Nuclear Regulatory Commission for the construction 

22 of 1 or more consolidated storage facilities; 

23 (2) to demonstrate the safe transportation of 

24 spent nuclear fuel and high-level radioactive waste, 

25 as applicable; and 
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1 (3) to demonstrate the safe storage of spent nu2 clear fuel and high-level radioactive waste, as appli3 cable, at the 1 or more consolidated storage facilities 

4 pending the construction and operation of deep geo5 logic disposal capacity for the permanent disposal of 

6 the spent nuclear fuel. 

7 (d) CONSENT-BASED APPROVAL.—Prior to siting a 

8 consolidated storage facility pursuant to this section, the 

9 Secretary shall enter into an agreement to host the facility 

10 with— 

11 (1) the Governor of the State; 

12 (2) each unit of local government within the ju13 risdiction of which the facility is proposed to be lo14 cated; and 

15 (3) each affected Indian tribe. 

16 (e) APPLICABILITY.—In executing this section, the 

17 Secretary shall comply with— 

18 (1) all licensing requirements and regulations of 

19 the Nuclear Regulatory Commission; and 

20 (2) all other applicable laws (including regula21 tions). 

22 (f) PILOT PROGRAM PLAN.—Not later than 120 days 

23 after the date on which the Secretary issues the request 

24 for proposals under subsection (c), the Secretary shall sub-
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1 mit to Congress a plan to carry out this section that in2 cludes— 

3 (1) an estimate of the cost of licensing, con4 structing, and operating a consolidated storage facil5 ity, including the transportation costs, on an annual 

6 basis, over the expected lifetime of the facility; 

7 (2) a schedule for— 

8 (A) obtaining any license necessary to con9 struct and operate a consolidated storage facil10 ity from the Nuclear Regulatory Commission; 

11 (B) constructing the facility; 

12 (C) transporting spent fuel to the facility; 

13 and 

14 (D) removing the spent fuel and decom15 missioning the facility; 

16 (3) an estimate of the cost of any financial as17 sistance, compensation, or incentives proposed to be 

18 paid to the host State, Indian tribe, or local govern19 ment; 

20 (4) an estimate of any future reductions in the 

21 damages expected to be paid by the United States 

22 for the delay of the Department of Energy in accept23 ing spent fuel expected to result from the pilot pro24 gram; 
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1 (5) recommendations for any additional legisla2 tion needed to authorize and implement the pilot 

3 program; and 

4 (6) recommendations for a mechanism to en5 sure that any spent nuclear fuel or high-level radio6 active waste stored at a consolidated storage facility 

7 pursuant to this section shall move to deep geologic 

8 disposal capacity, following a consent-based approval 

9 process for that deep geologic disposal capacity con10 sistent with subsection (d), within a reasonable time 

11 after the issuance of a license to construct and oper12 ate the consolidated storage facility. 

13 (g) PUBLIC PARTICIPATION.—Prior to choosing a 

14 site for the construction of a consolidated storage facility 

15 under this section, the Secretary shall conduct 1 or more 

16 public hearings in the vicinity of each potential site and 

17 in at least 1 other location within the State in which the 

18 site is located to solicit public comments and recommenda19 tions. 

20 (h) USE OF NUCLEAR WASTE FUND.—The Secretary 

21 may make expenditures from the Nuclear Waste Fund to 

22 carry out this section, subject to appropriations. 

23 SEC. 307. (a) Of the unobligated balances available 

24 from amounts appropriated in prior Acts under the head-
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1 ing ‘‘Title III—Department of Energy—Energy Pro2 grams’’, $96,000,000 is hereby rescinded. 

3 (b) No amounts may be rescinded under (a) from 

4 amounts that were designated by the Congress as an 

5 emergency requirement pursuant to a concurrent resolu6 tion on the budget or the Balanced Budget and Emer7 gency Deficit Control Act of 1985. 

8 SEC. 308. The Secretary of Energy may not transfer 

9 more than $276,096,000 from the amounts made available 

10 under this title to the working capital fund established 

11 under section 653 of the Department of Energy Organiza12 tion Act (42 U.S.C. 7263): Provided, That the Secretary 

13 may transfer additional amounts to the working capital 

14 fund after the Secretary provides notification in advance 

15 of any such transfer to the Committees on Appropriations 

16 of both Houses of Congress: Provided further, That any 

17 such notification shall identify the sources of funds by pro18 gram, project, or activity: Provided further, That the Sec19 retary shall notify the Committees on Appropriations of 

20 both Houses of Congress before adding or removing any 

21 activities from the fund. 
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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, and for expenses necessary for the Federal Co7 Chairman and the Alternate on the Appalachian Regional 

8 Commission, for payment of the Federal share of the ad9 ministrative expenses of the Commission, including serv10 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

11 motor vehicles, $175,000,000, to remain available until ex12 pended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized 

17 by the Atomic Energy Act of 1954, as amended by Public 

18 Law 100–456, section 1441, $31,000,000, to remain 

19 available until September 30, 2021: Provided, That none 

20 of the funds made available by this or any prior Act for 

21 the salaries and expenses of the Defense Nuclear Facilities 

22 Safety Board shall be available to implement any reform 

23 and reorganization plan of the Defense Nuclear Facilities 

24 Safety Board, including the plan announced on August 15, 
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1 2018, unless any such reform and reorganization plan is 

2 specifically authorized by law. 

3 DELTA REGIONAL AUTHORITY

4 SALARIES AND EXPENSES

5 For expenses necessary for the Delta Regional Au6 thority and to carry out its activities, as authorized by 

7 the Delta Regional Authority Act of 2000, notwith8 standing sections 382F(d), 382M, and 382N of said Act, 

9 $30,000,000, to remain available until expended. 

10 DENALI COMMISSION

11 For expenses necessary for the Denali Commission 

12 including the purchase, construction, and acquisition of 

13 plant and capital equipment as necessary and other ex14 penses, $15,000,000, to remain available until expended, 

15 notwithstanding the limitations contained in section 

16 306(g) of the Denali Commission Act of 1998: Provided, 

17 That funds shall be available for construction projects in 

18 an amount not to exceed 80 percent of total project cost 

19 for distressed communities, as defined by section 307 of 

20 the Denali Commission Act of 1998 (division C, title III, 

21 Public Law 105–277), as amended by section 701 of ap22 pendix D, title VII, Public Law 106–113 (113 Stat. 

23 1501A–280), and an amount not to exceed 50 percent for 

24 non-distressed communities: Provided further, That not25 withstanding any other provision of law regarding pay-
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1 ment of a non-Federal share in connection with a grant2 in-aid program, amounts under this heading shall be avail3 able for the payment of such a non-Federal share for pro4 grams undertaken to carry out the purposes of the Com5 mission. 

6 NORTHERN BORDER REGIONAL COMMISSION

7 For expenses necessary for the Northern Border Re8 gional Commission in carrying out activities authorized by 

9 subtitle V of title 40, United States Code, $25,000,000, 

10 to remain available until expended: Provided, That such 

11 amounts shall be available for administrative expenses, 

12 notwithstanding section 15751(b) of title 40, United 

13 States Code. 

14 NUCLEAR REGULATORY COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary for the Commission in car17 rying out the purposes of the Energy Reorganization Act 

18 of 1974 and the Atomic Energy Act of 1954, 

19 $841,236,000, including official representation expenses 

20 not to exceed $25,000, to remain available until expended: 

21 Provided, That of the amount appropriated herein, not 

22 more than $9,500,000 may be made available for salaries, 

23 travel, and other support costs for the Office of the Com24 mission, to remain available until September 30, 2022, of 

25 which, notwithstanding section 201(a)(2)(c) of the Energy 
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1 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 

2 the use and expenditure shall only be approved by a major3 ity vote of the Commission: Provided further, That reve4 nues from licensing fees, inspection services, and other 

5 services and collections estimated at $723,469,000 in fis6 cal year 2020 shall be retained and used for necessary 

7 salaries and expenses in this account, notwithstanding 31 

8 U.S.C. 3302, and shall remain available until expended: 

9 Provided further, That of the amounts appropriated under 

10 this heading, not less than $15,478,000 shall be for activi11 ties related to the development of regulatory infrastruc12 ture for advanced nuclear technologies, except that the 

13 amounts provided under this proviso shall not be derived 

14 from fee revenues, notwithstanding 42 U.S.C. 2214: Pro15 vided further, That of the amounts appropriated under 

16 this heading, $6,451,000 of the amount used for inter17 national activities shall not be derived from fee revenues, 

18 notwithstanding 42 U.S.C. 2214: Provided further, That 

19 the sum herein appropriated shall be reduced by the 

20 amount of revenues received during fiscal year 2020 so 

21 as to result in a final fiscal year 2020 appropriation esti22 mated at not more than $117,767,000: Provided further, 

23 That of the amounts appropriated under this heading, 

24 $15,000,000 shall be for university research and develop25 ment in areas relevant to the Commission’s mission, with-
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1 in which $5,000,000 shall be for a Nuclear Science and 

2 Engineering Grant Program that will support multiyear 

3 projects that do not align with programmatic missions but 

4 are critical to maintaining the discipline of nuclear science 

5 and engineering. 

6 OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, $13,314,000, to remain available 

10 until September 30, 2021: Provided, That revenues from 

11 licensing fees, inspection services, and other services and 

12 collections estimated at $10,929,000 in fiscal year 2020 

13 shall be retained and be available until September 30, 

14 2021, for necessary salaries and expenses in this account, 

15 notwithstanding section 3302 of title 31, United States 

16 Code: Provided further, That the sum herein appropriated 

17 shall be reduced by the amount of revenues received dur18 ing fiscal year 2020 so as to result in a final fiscal year 

19 2020 appropriation estimated at not more than 

20 $2,385,000: Provided further, That of the amounts appro21 priated under this heading, $1,171,000 shall be for In22 spector General services for the Defense Nuclear Facilities 

23 Safety Board, which shall not be available from fee reve24 nues. 
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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the Nuclear Waste Tech4 nical Review Board, as authorized by Public Law 100– 

5 203, section 5051, $3,600,000, to be derived from the Nu6 clear Waste Fund, to remain available until September 30, 

7 2021. 

8 GENERAL PROVISIONS—INDEPENDENT 

9 AGENCIES 

10 SEC. 401. The Nuclear Regulatory Commission shall 

11 comply with the July 5, 2011, version of Chapter VI of 

12 its Internal Commission Procedures when responding to 

13 Congressional requests for information, consistent with 

14 Department of Justice guidance for all federal agencies. 

15 SEC. 402. (a) The amounts made available by this 

16 title for the Nuclear Regulatory Commission may be re17 programmed for any program, project, or activity, and the 

18 Commission shall notify the Committees on Appropria19 tions of both Houses of Congress at least 30 days prior 

20 to the use of any proposed reprogramming that would 

21 cause any program funding level to increase or decrease 

22 by more than $500,000 or 10 percent, whichever is less, 

23 during the time period covered by this Act. 

24 (b)(1) The Nuclear Regulatory Commission may 

25 waive the notification requirement in subsection (a) if 
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1 compliance with such requirement would pose a substan2 tial risk to human health, the environment, welfare, or na3 tional security. 

4 (2) The Nuclear Regulatory Commission shall notify 

5 the Committees on Appropriations of both Houses of Con6 gress of any waiver under paragraph (1) as soon as prac7 ticable, but not later than 3 days after the date of the 

8 activity to which a requirement or restriction would other9 wise have applied. Such notice shall include an explanation 

10 of the substantial risk under paragraph (1) that permitted 

11 such waiver and shall provide a detailed report to the 

12 Committees of such waiver and changes to funding levels 

13 to programs, projects, or activities. 

14 (c) Except as provided in subsections (a), (b), and 

15 (d), the amounts made available by this title for ‘‘Nuclear 

16 Regulatory Commission—Salaries and Expenses’’ shall be 

17 expended as directed in the report of the Committee on 

18 Appropriations accompanying this Act. 

19 (d) None of the funds provided for the Nuclear Regu20 latory Commission shall be available for obligation or ex21 penditure through a reprogramming of funds that in22 creases funds or personnel for any program, project, or 

23 activity for which funds are denied or restricted by this 

24 Act. 
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1 (e) The Commission shall provide a monthly report 

2 to the Committees on Appropriations of both Houses of 

3 Congress, which includes the following for each program, 

4 project, or activity, including any prior year appropria5 tions— 

6 (1) total budget authority; 

7 (2) total unobligated balances; and 

8 (3) total unliquidated obligations. 
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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 501. None of the funds appropriated by this Act 

5 may be used in any way, directly or indirectly, to influence 

6 congressional action on any legislation or appropriation 

7 matters pending before Congress, other than to commu8 nicate to Members of Congress as described in 18 U.S.C. 

9 1913. 

10 SEC. 502. (a) None of the funds made available in 

11 title III of this Act may be transferred to any department, 

12 agency, or instrumentality of the United States Govern13 ment, except pursuant to a transfer made by or transfer 

14 authority provided in this Act or any other appropriations 

15 Act for any fiscal year, transfer authority referenced in 

16 the report of the Committee on Appropriations accom17 panying this Act, or any authority whereby a department, 

18 agency, or instrumentality of the United States Govern19 ment may provide goods or services to another depart20 ment, agency, or instrumentality. 

21 (b) None of the funds made available for any depart22 ment, agency, or instrumentality of the United States 

23 Government may be transferred to accounts funded in title 

24 III of this Act, except pursuant to a transfer made by or 

25 transfer authority provided in this Act or any other appro-
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1 priations Act for any fiscal year, transfer authority ref2 erenced in the report of the Committee on Appropriations 

3 accompanying this Act, or any authority whereby a de4 partment, agency, or instrumentality of the United States 

5 Government may provide goods or services to another de6 partment, agency, or instrumentality. 

7 (c) The head of any relevant department or agency 

8 funded in this Act utilizing any transfer authority shall 

9 submit to the Committees on Appropriations of both 

10 Houses of Congress a semiannual report detailing the 

11 transfer authorities, except for any authority whereby a 

12 department, agency, or instrumentality of the United 

13 States Government may provide goods or services to an14 other department, agency, or instrumentality, used in the 

15 previous 6 months and in the year-to-date. This report 

16 shall include the amounts transferred and the purposes 

17 for which they were transferred, and shall not replace or 

18 modify existing notification requirements for each author19 ity. 

20 SEC. 503. None of the funds made available by this 

21 Act may be used in contravention of Executive Order No. 

22 12898 of February 11, 1994 (Federal Actions to Address 

23 Environmental Justice in Minority Populations and Low24 Income Populations). 
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1 SEC. 504. (a) None of the funds made available in 

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 This Act may be cited as the ‘‘Energy and Water De10 velopment and Related Agencies Appropriations Act, 

11 2020’’. 
Calendar No. 204 

116TH CONGRESS 

1ST SESSION S. 2470 

[Report No. 116–102] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2020, and for other pur- opment and related agencies for the fiscal year 

SEPTEMBER 12, 2019 

Read twice and placed on the calendar