PF 2021-19 Implementation of the Consolidated Appropriations Act, 2021, Division D (Energy and Water Development and Related Agencies Appropriations Act, 2021), Title III and Title V; Division E

SUMMARY: The attached AL-2021-02 and FAL-2021-03 provide implementing instructions and guidance for Division D (Energy and Water Development and Related Agencies Appropriations Act, 2021), Title III and Title V; Division E (Financial Services and General Government Appropriations Act, 2021), Title VII; and Division Z (Energy Act of 2020), Title IX, of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260.

The AL addresses the following:

• Section 301(a) Unfunded Requests for Proposals
• Section 301(c) Multiyear Award Funding for DOE—Energy Programs and Section 306 Multiyear Award Funding for DOE—Energy Programs—Science (From Section 306 of Division D of the 2016 Act)
• Section 303 Construction of High-hazard Nuclear Facilities
• Section 304 Independent Cost Estimate (ICE) for Critical Decision (CD)-2 and CD- 3 DOE O 413.3B Construction Projects
• Section 501 Lobbying Restrictions
• Section 735 Any Payment for the Election for a Federal Office or to a Political Committee
• Section 738 Reporting on Conference Spending
• Section 741 Prohibition on A-76 Studies
• Section 742 Confidentiality Agreements Prohibiting Whistleblower Activities
• Section 743 Prohibition on Funding for Certain Nondisclosure Agreements
• Section 744 Unpaid Federal Tax Liability
• Section 745 Felony Criminal Violations

The FAL addresses the following:

• Section 301(a) Unfunded Requests for Proposals/FOAs
• Section 301(c) Multiyear Award Funding for DOE—Energy Programs; and Section 306 Multiyear Award Funding for DOE—Energy Programs—Science (From Section 306 of Division D of the 2016 Act)
• Section 501 Lobbying Restrictions
• Section 724 Federal Funds Source Information
• Section 738 Reporting on Conference Spending
• Section 742 Confidentiality Agreements Prohibiting Whistleblower Activities
• Section 743 Prohibition On Funding For Certain Nondisclosure Agreements
• Section 744 Unpaid Federal Tax Liability
• Section 745 Felony Criminal Violations
• Section 9006 Other Transaction Authority Extension

Implementing instructions and guidance pertaining to Sections 301(b) and 301(c), which requires advance notification to Congress for certain acquisitions and financial assistance actions, are addressed in a separate Acquisition Letter/Financial Assistance Letter.

For DOE questions concerning the policy flash, please contact: doe_oapmpolicy@hq.doe.gov

For NNSA questions concerning the policy flash please call (505) 845-4337.

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