II 

Calendar No. 134 

113TH CONGRESS 

1ST SESSION H. R. 2609 

IN THE SENATE OF THE UNITED STATES 

JULY 16 (legislative day, JULY 15), 2013 

Received; read twice and placed on the calendar 

AN ACT 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2014, 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, 2014, and for other pur7 poses, namely: 


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1 TITLE I—CORPS OF ENGINEERS—CIVIL 

2 DEPARTMENT OF THE ARMY 

3 CORPS OF ENGINEERS—CIVIL

4 The following appropriations shall be expended under 

5 the direction of the Secretary of the Army and the super6 vision of the Chief of Engineers for authorized civil func7 tions of the Department of the Army pertaining to river 

8 and harbor, flood and storm damage reduction, shore pro9 tection, aquatic ecosystem restoration, and related efforts. 

10 INVESTIGATIONS

11 For expenses necessary where authorized by law for 

12 the collection and study of basic information pertaining 

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

14 shore protection, aquatic ecosystem restoration, and re15 lated needs; for surveys and detailed studies, and plans 

16 and specifications of proposed river and harbor, flood and 

17 storm damage reduction, shore protection, and aquatic 

18 ecosystem restoration, projects and related efforts prior to 

19 construction; for restudy of authorized projects; and for 

20 miscellaneous investigations, and, when authorized by law, 

21 surveys and detailed studies, and plans and specifications 

22 of projects prior to construction, $90,000,000, to remain 

23 available until expended. 


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1 CONSTRUCTION

2 For expenses necessary for the construction of river 

3 and harbor, flood and storm damage reduction, shore pro4 tection, aquatic ecosystem restoration, and related 

5 projects authorized by law; for conducting detailed studies, 

6 and plans and specifications, of such projects (including 

7 those involving participation by States, local governments, 

8 or private groups) authorized or made eligible for selection 

9 by law (but such detailed studies, and plans and specifica10 tions, shall not constitute a commitment of the Govern11 ment to construction), $1,343,000,000, to remain avail12 able until expended; of which such sums as are necessary 

13 to cover the Federal share of construction costs for facili14 ties under the Dredged Material Disposal Facilities pro15 gram shall be derived from the Harbor Maintenance Trust 

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

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

18 of construction, replacement, rehabilitation, and expansion 

19 of inland waterways projects shall be derived from the In20 land Waterways Trust Fund. 

21 MISSISSIPPI RIVER AND TRIBUTARIES

22 For expenses necessary for flood damage reduction 

23 projects and related efforts in the Mississippi River allu24 vial valley below Cape Girardeau, Missouri, as authorized 

25 by law, $249,000,000, to remain available until expended, 


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

2 share of eligible operation and maintenance costs for in3 land harbors shall be derived from the Harbor Mainte4 nance Trust Fund. 

5 OPERATION AND MAINTENANCE

6 For expenses necessary for the operation, mainte7 nance, and care of existing river and harbor, flood and 

8 storm damage reduction, aquatic ecosystem restoration, 

9 and related projects authorized by law; providing security 

10 for infrastructure owned or operated by the Corps, includ11 ing administrative buildings and laboratories; maintaining 

12 harbor channels provided by a State, municipality, or 

13 other public agency that serve essential navigation needs 

14 of general commerce, where authorized by law; surveying 

15 and charting northern and northwestern lakes and con16 necting waters; clearing and straightening channels; and 

17 removing obstructions to navigation, $2,682,000,000, to 

18 remain available until expended, of which such sums as 

19 are necessary to cover the Federal share of eligible oper20 ation and maintenance costs for coastal harbors and chan21 nels, and for inland harbors shall be derived from the Har22 bor Maintenance Trust Fund; of which such sums as be23 come available from the special account for the Corps of 

24 Engineers established by the Land and Water Conserva25 tion Fund Act of 1965 shall be derived from that account 


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1 for resource protection, research, interpretation, and 

2 maintenance activities related to resource protection in the 

3 areas at which outdoor recreation is available; and of 

4 which such sums as become available from fees collected 

5 under section 217 of Public Law 104–303 shall be used 

6 to cover the cost of operation and maintenance of the 

7 dredged material disposal facilities for which such fees 

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

9 amount of funds provided for each of the programs, 

10 projects or activities funded under this heading shall not 

11 be allocated to a field operating activity prior to the begin12 ning of the fourth quarter of the fiscal year and shall be 

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

14 emergency activities as the Chief of Engineers determines 

15 to be necessary and appropriate, and that the Chief of En16 gineers shall allocate during the fourth quarter any re17 maining funds which have not been used for emergency 

18 activities proportionally in accordance with the amounts 

19 provided for the programs, projects, or activities. 

20 REGULATORY PROGRAM

21 For expenses necessary for administration of laws 

22 pertaining to regulation of navigable waters and wetlands, 

23 $193,000,000, to remain available until September 30, 

24 2015. 


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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $104,000,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurri8 cane, and other natural disasters and support emergency 

9 operations, repairs, and other activities in response to 

10 such disasters as authorized by law, $28,000,000, to re11 main available until expended. 

12 EXPENSES

13 For expenses necessary for the supervision and gen14 eral administration of the civil works program in the head15 quarters of the Corps of Engineers and the offices of the 

16 Division Engineers; and for costs of management and op17 eration of the Humphreys Engineer Center Support Activ18 ity, the Institute for Water Resources, the United States 

19 Army Engineer Research and Development Center, and 

20 the United States Army Corps of Engineers Finance Cen21 ter allocable to the civil works program, $182,000,000, to 

22 remain available until September 30, 2015, of which not 

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

24 representation purposes and only during the current fiscal 

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


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

2 works activities of the Office of the Chief of Engineers 

3 or the civil works executive direction and management ac4 tivities of the division offices: Provided further, That any 

5 Flood Control and Coastal Emergencies appropriation 

6 may be used to fund the supervision and general adminis7 tration of emergency operations, repairs, and other activi8 ties in response to any flood, hurricane, or other natural 

9 disaster. 

10 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

11 FOR CIVIL WORKS

12 For the Office of the Assistant Secretary of the Army 

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

14 $5,000,000, to remain available until September 30, 2015. 

15 ADMINISTRATIVE PROVISION

16 The Revolving Fund, Corps of Engineers, shall be 

17 available during the current fiscal year for purchase (not 

18 to exceed 100 for replacement only) and hire of passenger 

19 motor vehicles for the civil works program. 

20 GENERAL PROVISIONS, CORPS OF 

21 ENGINEERS—CIVIL 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 101. (a) None of the funds provided in this title 

24 shall be available for obligation or expenditure through a 

25 reprogramming of funds that— 


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

2 or activity; 

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

4 (3) increases funds or personnel for any pro5 gram, project, or activity for which funds are denied 

6 or restricted by this Act; 

7 (4) reduces funds that are directed to be used 

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

9 Act; 

10 (5) increases funds for any program, project, or 

11 activity by more than $2,000,000 or 10 percent, 

12 whichever is less; or 

13 (6) reduces funds for any program, project, or 

14 activity by more than $2,000,000 or 10 percent, 

15 whichever is less. 

16 (b) Subsection (a)(1) shall not apply to any project 

17 or activity authorized under section 205 of the Flood Con18 trol Act of 1948, section 14 of the Flood Control Act of 

19 1946, section 208 of the Flood Control Act of 1954, sec20 tion 107 of the River and Harbor Act of 1960, section 

21 103 of the River and Harbor Act of 1962, section 111 

22 of the River and Harbor Act of 1968, section 1135 of the 

23 Water Resources Development Act of 1986, section 206 

24 of the Water Resources Development Act of 1996, or secVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 tion 204 of the Water Resources Development Act of 

2 1992. 

3 (c) The Corps of Engineers shall submit reports on 

4 a quarterly basis to the Committees on Appropriations of 

5 the House of Representatives and the Senate detailing all 

6 the funds reprogrammed between programs, projects, ac7 tivities, or categories of funding. The first quarterly report 

8 shall be submitted not later than 60 days after the date 

9 of enactment of this Act. 

10 SEC. 102. None of the funds made available in this 

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

12 commits funds beyond the amounts appropriated for that 

13 program, project, or activity that remain unobligated, ex14 cept that such amounts may include any funds that have 

15 been made available through reprogramming pursuant to 

16 section 101. 

17 SEC. 103. None of the funds in this Act, or previous 

18 Acts, making funds available for Energy and Water Devel19 opment, shall be used to award any continuing contract 

20 that commits additional funding from the Inland Water21 ways Trust Fund unless or until such time that a long22 term mechanism to enhance revenues in this Fund suffi23 cient to meet the cost-sharing authorized in the Water Re24 sources Development Act of 1986 (Public Law 99–662) 

25 is enacted. 


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1 SEC. 104. Not later than 120 days after the date of 

2 the Chief of Engineers Report on a water resource matter, 

3 the Assistant Secretary of the Army (Civil Works) shall 

4 submit the report to the appropriate authorizing and ap5 propriating committees of the Congress. 

6 SEC. 105. During the fiscal year period covered by 

7 this Act, the Secretary of the Army is authorized to imple8 ment measures recommended in the efficacy study author9 ized under section 3061 of the Water Resources Develop10 ment Act of 2007 (Public Law 110–114; 121 Stat. 1121) 

11 or in interim reports, with such modifications or emer12 gency measures as the Secretary of the Army determines 

13 to be appropriate, to prevent aquatic nuisance species 

14 from dispersing into the Great Lakes by way of any hydro15 logic connection between the Great Lakes and the Mis16 sissippi River Basin. 

17 SEC. 106. As of the date of enactment of this Act 

18 and each fiscal year hereafter, the Secretary of the Army 

19 may transfer to the Fish and Wildlife Service, and the 

20 Fish and Wildlife Service may accept and expend, such 

21 funds as the Secretary and the Director of the Fish and 

22 Wildlife Service determine to be necessary to mitigate for 

23 fisheries lost due to Corps of Engineers projects, except 

24 that in no event may the amount of funds transferred pur25 suant to this section during any fiscal year exceed the 


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1 amount identified for such purpose in the report accom2 panying the appropriations for that fiscal year. 

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

4 Act or any other Act making appropriations for Energy 

5 and Water Development may be used by the Corps of En6 gineers to develop, adopt, implement, administer, or en7 force any change to the regulations and guidance in effect 

8 on October 1, 2012, pertaining to the definition of waters 

9 under the jurisdiction of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1251 et seq.), including the provisions 

11 of the rules dated November 13, 1986, and August 25, 

12 1993, relating to such jurisdiction, and the guidance docu13 ments dated January 15, 2003, and December 2, 2008, 

14 relating to such jurisdiction. 

15 SEC. 108. Section 3(a)(6) of the Water Resources 

16 Development Act of 1988 (Public Law 100–676; 102 Stat. 

17 4013) is amended by striking ‘‘$775,000,000’’ each place 

18 it appears and inserting ‘‘$2,918,000,000’’. 

19 SEC. 109. (a) Section 1001(17)(A) of the Water Re20 sources Development Act of 2007 (Public Law 110–114; 

21 121 Stat. 1052) is amended— 

22 (1) by striking ‘‘$125,270,000’’ and inserting 

23 ‘‘$152,510,000’’; 

24 (2) by striking ‘‘$75,140,000’’ and inserting 

25 ‘‘$92,007,000’’; and 


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1 (3) by striking ‘‘$50,130,000’’ and inserting 

2 ‘‘$60,503,000’’. 

3 (b) The amendments made by subsection (a) shall 

4 take effect as of November 8, 2007. 

5 SEC. 110. The authorization under the heading ‘‘Lit6 tle Calumet River Basin (Cady Marsh Ditch), Indiana’’, 

7 in section 401(a) of the Water Resources Development Act 

8 of 1986 (Public Law 99–662; 100 Stat. 4115), as modi9 fied by section 127 of Public Law 109–103 (119 Stat. 

10 2259), is further modified to authorize completion of the 

11 project at a total cost of $269,988,000 with an estimated 

12 Federal cost of $202,800,000 and an estimated non-Fed13 eral cost of $67,188,000. 

14 SEC. 111. During fiscal year 2014, the limitation re15 lating to total project costs in section 902 of the Water 

16 Resources Development Act of 1986 (33 U.S.C. 2280) 

17 shall not apply with respect to any project that receives 

18 funds made available by this title. 

19 SEC. 112. None of the funds made available in this 

20 or any other Act making appropriations for Energy and 

21 Water Development for any fiscal year may be used by 

22 the Corps of Engineers to develop, adopt, implement, ad23 minister, or enforce any change to the regulations in effect 

24 on October 1, 2012, pertaining to the definitions of the 

25 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 


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1 purposes of the Federal Water Pollution Control Act (33 

2 U.S.C. 1251 et seq.). 

3 SEC. 113. As of the date of enactment of this Act 

4 and thereafter, the Secretary of the Army shall not pro5 mulgate or enforce any regulation that prohibits an indi6 vidual from possessing a firearm, including an assembled 

7 or functional firearm, at a water resources development 

8 project covered under section 327.0 of title 36, Code of 

9 Federal Regulations (as in effect on the date of enactment 

10 of this Act), if: (1) the individual is not otherwise prohib11 ited by law from possessing the firearm; and (2) the pos12 session of the firearm is in compliance with the law of 

13 the State in which the water resources development 

14 project is located. 

15 TITLE II—DEPARTMENT OF THE INTERIOR 

16 CENTRAL UTAH PROJECT

17 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

18 For carrying out activities authorized by the Central 

19 Utah Project Completion Act, $7,425,000, to remain 

20 available until expended, of which $1,000,000 shall be de21 posited into the Utah Reclamation Mitigation and Con22 servation Account for use by the Utah Reclamation Miti23 gation and Conservation Commission. In addition, for nec24 essary expenses incurred in carrying out related responVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 sibilities of the Secretary of the Interior, $1,300,000, to 

2 remain available until September 30, 2015. 

3 For fiscal year 2014, the Commission may use an 

4 amount not to exceed $1,500,000 for administrative ex5 penses. 

6 BUREAU OF RECLAMATION

7 The following appropriations shall be expended to 

8 execute authorized functions of the Bureau of Reclama9 tion: 

10 WATER AND RELATED RESOURCES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For management, development, and restoration of 

13 water and related natural resources and for related activi14 ties, including the operation, maintenance, and rehabilita15 tion of reclamation and other facilities, participation in 

16 fulfilling related Federal responsibilities to Native Ameri17 cans, and related grants to, and cooperative and other 

18 agreements with, State and local governments, federally 

19 recognized Indian tribes, and others, $812,744,000 (in20 creased by $25,000,000), to remain available until ex21 pended, of which $28,000 shall be available for transfer 

22 to the Upper Colorado River Basin Fund and $8,401,000 

23 shall be available for transfer to the Lower Colorado River 

24 Basin Development Fund; of which such amounts as may 

25 be necessary may be advanced to the Colorado River Dam 


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1 Fund: Provided, That such transfers may be increased or 

2 decreased within the overall appropriation under this 

3 heading: Provided further, That of the total appropriated, 

4 the amount for program activities that can be financed 

5 by the Reclamation Fund or the Bureau of Reclamation 

6 special fee account established by 16 U.S.C. 6806 shall 

7 be derived from that Fund or account: Provided further, 

8 That funds contributed under 43 U.S.C. 395 are available 

9 until expended for the purposes for which the funds were 

10 contributed: Provided further, That funds advanced under 

11 43 U.S.C. 397a shall be credited to this account and are 

12 available until expended for the same purposes as the 

13 sums appropriated under this heading: Provided further, 

14 That of the amounts provided herein, funds may be used 

15 for high priority projects which shall be carried out by the 

16 Youth Conservation Corps, as authorized by 16 U.S.C. 

17 1706. 

18 CENTRAL VALLEY PROJECT RESTORATION FUND

19 For carrying out the programs, projects, plans, habi20 tat restoration, improvement, and acquisition provisions of 

21 the Central Valley Project Improvement Act, $53,288,000, 

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

23 Central Valley Project Restoration Fund pursuant to sec24 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

25 102–575, to remain available until expended: Provided, 


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1 That the Bureau of Reclamation is directed to assess and 

2 collect the full amount of the additional mitigation and 

3 restoration payments authorized by section 3407(d) of 

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

5 funds made available under this heading may be used for 

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

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

8 by a court adopted decree or order. 

9 CALIFORNIA BAY-DELTA RESTORATION

10 (INCLUDING TRANSFERS OF FUNDS)

11 For carrying out activities authorized by the Water 

12 Supply, Reliability, and Environmental Improvement Act, 

13 consistent with plans to be approved by the Secretary of 

14 the Interior, $30,000,000, to remain available until ex15 pended, of which such amounts as may be necessary to 

16 carry out such activities may be transferred to appropriate 

17 accounts of other participating Federal agencies to carry 

18 out authorized purposes: Provided, That funds appro19 priated herein may be used for the Federal share of the 

20 costs of CALFED Program management: Provided fur21 ther, That CALFED implementation shall be carried out 

22 in a balanced manner with clear performance measures 

23 demonstrating concurrent progress in achieving the goals 

24 and objectives of the Program. 


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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and 

3 related functions in the Office of the Commissioner, the 

4 Denver office, and offices in the five regions of the Bureau 

5 of Reclamation, to remain available until September 30, 

6 2015, $60,000,000, to be derived from the Reclamation 

7 Fund and be nonreimbursable as provided in 43 U.S.C. 

8 377: Provided, That no part of any other appropriation 

9 in this Act shall be available for activities or functions 

10 budgeted as policy and administration expenses. 

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall 

13 be available for purchase of not to exceed five passenger 

14 motor vehicles, which are for replacement only. 

15 GENERAL PROVISIONS, DEPARTMENT OF THE 

16 INTERIOR 

17 SEC. 201. (a) None of the funds provided in this title 

18 shall be available for obligation or expenditure through a 

19 reprogramming of funds that— 

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

21 or activity; 

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

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

24 activity for which funds have been denied or re25 stricted by this Act; 


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

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

3 unless prior approval is received from the Commit4 tees on Appropriations of the House of Representa5 tives and the Senate; 

6 (5) transfers funds in excess of the following 

7 limits: 

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

9 activity for which $2,000,000 or more is avail10 able at the beginning of the fiscal year; or 

11 (B) $300,000 for any program, project or 

12 activity for which less than $2,000,000 is avail13 able at the beginning of the fiscal year; 

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

15 the Facilities Operation, Maintenance, and Rehabili16 tation category or the Resources Management and 

17 Development category to any program, project, or 

18 activity in the other category; or 

19 (7) transfers, when necessary to discharge legal 

20 obligations of the Bureau of Reclamation, more than 

21 $5,000,000 to provide adequate funds for settled 

22 contractor claims, increased contractor earnings due 

23 to accelerated rates of operations, and real estate de24 ficiency judgments. 


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

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

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

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

6 project, or activity. 

7 (d) The Bureau of Reclamation shall submit reports 

8 on a quarterly basis to the Committees on Appropriations 

9 of the House of Representatives and the Senate detailing 

10 all the funds reprogrammed between programs, projects, 

11 activities, or categories of funding. The first quarterly re12 port shall be submitted not later than 60 days after the 

13 date of enactment of this Act. 

14 SEC. 202. (a) None of the funds appropriated or oth15 erwise made available by this Act may be used to deter16 mine the final point of discharge for the interceptor drain 

17 for the San Luis Unit until development by the Secretary 

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

19 shall conform to the water quality standards of the State 

20 of California as approved by the Administrator of the En21 vironmental Protection Agency, to minimize any detri22 mental effect of the San Luis drainage waters. 

23 (b) The costs of the Kesterson Reservoir Cleanup 

24 Program and the costs of the San Joaquin Valley Drain25 age Program shall be classified by the Secretary of the 


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1 Interior as reimbursable or nonreimbursable and collected 

2 until fully repaid pursuant to the ‘‘Cleanup Program-Al3 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

4 Repayment Plan’’ described in the report entitled ‘‘Repay5 ment Report, Kesterson Reservoir Cleanup Program and 

6 San Joaquin Valley Drainage Program, February 1995’’, 

7 prepared by the Department of the Interior, Bureau of 

8 Reclamation. Any future obligations of funds by the 

9 United States relating to, or providing for, drainage serv10 ice or drainage studies for the San Luis Unit shall be fully 

11 reimbursable by San Luis Unit beneficiaries of such serv12 ice or studies pursuant to Federal reclamation law. 

13 SEC. 203. Notwithstanding any other provision of 

14 law, until the pipeline reliability study required in the Con15 solidated Appropriations Act, 2012, is completed, and any 

16 necessary changes are made to Technical Memorandum 

17 No. 8140–CC–2004–1, the Bureau of Reclamation shall 

18 not deny approval, funding, or assistance to any project, 

19 nor disqualify any material from use, based, in whole or 

20 in part, on the corrosion control used, if the corrosion con21 trol meets the requirements of a published national or 

22 international standard promulgated by the American 

23 Water Works Association (‘‘AWWA’’), ASTM Inter24 national, the American National Standards Institute 

25 (‘‘ANSI’’), NACE International (‘‘NACE’’) or the AmerVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 ican Society for Testing and Materials (‘‘ASTM’’). The 

2 Bureau shall allow any project initiated during the study 

3 to use any corrosion control meeting the above standards. 

4 TITLE III—DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 RENEWABLE ENERGY, ENERGY RELIABILITY, AND

7 EFFICIENCY

8 For Department of Energy expenses including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment, and other expenses necessary for energy 

11 efficiency and renewable energy activities, and electricity 

12 delivery and energy reliability activities, in carrying out 

13 the purposes of the Department of Energy Organization 

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

15 condemnation of any real property or any facility or for 

16 plant or facility acquisition, construction, or expansion, 

17 $982,637,000 (reduced by $15,000,000) (reduced by 

18 $9,518,000), to remain available until expended: Provided, 

19 That of the amount provided under this heading, 

20 $76,926,000 shall be available until September 30, 2015, 

21 for program direction. 

22 NUCLEAR ENERGY

23 (INCLUDING TRANSFER OF FUNDS)

24 For Department of Energy expenses including the 

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1 ital equipment, and other expenses necessary for nuclear 

2 energy activities in carrying out the purposes of the De3 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

5 real property or any facility or for plant or facility acquisi6 tion, construction, or expansion, and the purchase of not 

7 more than 10 buses and 2 ambulances, all for replacement 

8 only, $656,389,000, to remain available until expended, 

9 of which such sums as may be necessary shall be derived 

10 from the Nuclear Waste Fund, to be made available only 

11 to support the high-level waste geological repository at 

12 Yucca Mountain: Provided, That of the amount provided 

13 under this heading, $87,500,000 shall be available until 

14 September 30, 2015, for program direction: Provided fur15 ther, That of the amount provided under this heading, 

16 $5,000,000 shall be made available to affected units of 

17 local government, as defined in section 2(31) of the Nu18 clear Waste Policy Act of 1982 (42 U.S.C. 10101(31)), 

19 to support the Yucca Mountain high-level waste geological 

20 repository, as authorized by such Act: Provided further, 

21 That funds derived from the Nuclear Waste Fund may 

22 be transferred to ‘‘Independent Agencies—Nuclear Regu23 latory Commission—Salaries and Expenses’’ to support 

24 the Yucca Mountain high-level waste geological repository 

25 license application. 


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1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 For necessary expenses in carrying out fossil energy 

3 research and development activities, under the authority 

4 of the Department of Energy Organization Act (Public 

5 Law 95–91), including the acquisition of interest, includ6 ing defeasible and equitable interests in any real property 

7 or any facility or for plant or facility acquisition or expan8 sion, and for conducting inquiries, technological investiga9 tions and research concerning the extraction, processing, 

10 use, and disposal of mineral substances without objection11 able social and environmental costs (30 U.S.C. 3, 1602, 

12 and 1603), $450,000,000, to remain available until ex13 pended: Provided, That $115,753,000 shall be available 

14 until September 30, 2015, for program direction: Provided 

15 further, That for all programs funded under Fossil Energy 

16 appropriations in this Act or any other Act, the Secretary 

17 may vest fee title or other property interests acquired 

18 under projects in any entity, including the United States. 

19 NAVAL PETROLEUM AND OIL SHALE RESERVES

20 For expenses necessary to carry out naval petroleum 

21 and oil shale reserve activities, $14,909,000, to remain 

22 available until expended: Provided, That, notwithstanding 

23 any other provision of law, unobligated funds remaining 

24 from prior years shall be available for all naval petroleum 

25 and oil shale reserve activities. 


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1 STRATEGIC PETROLEUM RESERVE

2 For necessary expenses for Strategic Petroleum Re3 serve facility development and operations and program 

4 management activities pursuant to the Energy Policy and 

5 Conservation Act (42 U.S.C. 6201 et seq.), $189,400,000, 

6 to remain available until expended. 

7 NORTHEAST HOME HEATING OIL RESERVE

8 For necessary expenses for Northeast Home Heating 

9 Oil Reserve storage, operation, and management activities 

10 pursuant to the Energy Policy and Conservation Act (42 

11 U.S.C. 6201 et seq.), $8,000,000, to remain available until 

12 expended. 

13 ENERGY INFORMATION ADMINISTRATION

14 For necessary expenses in carrying out the activities 

15 of the Energy Information Administration, $100,000,000, 

16 to remain available until expended. 

17 NON-DEFENSE ENVIRONMENTAL CLEANUP

18 For Department of Energy expenses, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other expenses necessary for non-de21 fense environmental cleanup activities in carrying out the 

22 purposes of the Department of Energy Organization Act 

23 (42 U.S.C. 7101 et seq.), including the acquisition or con24 demnation of any real property or any facility or for plant 

25 or facility acquisition, construction, or expansion, 


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HR 2609 PCS

1 $194,000,000 (increased by $18,956,000), to remain 

2 available until expended. 

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

5 For necessary expenses in carrying out uranium en6 richment facility decontamination and decommissioning, 

7 remedial actions, and other activities of title II of the 

8 Atomic Energy Act of 1954, and title X, subtitle A, of 

9 the Energy Policy Act of 1992, $545,000,000, to be de10 rived from the Uranium Enrichment Decontamination and 

11 Decommissioning Fund, to remain available until ex12 pended. 

13 SCIENCE

14 For Department of Energy expenses including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment, and other expenses necessary for science 

17 activities in carrying out the purposes of the Department 

18 of Energy Organization Act (42 U.S.C. 7101 et seq.), in19 cluding the acquisition or condemnation of any real prop20 erty or facility or for plant or facility acquisition, construc21 tion, or expansion, and purchase of not more than 25 pas22 senger motor vehicles for replacement only, including one 

23 law enforcement vehicle, one ambulance, and one bus, 

24 $4,653,000,000, to remain available until expended: ProVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 vided, That $174,862,000 shall be available until Sep2 tember 30, 2015, for program direction. 

3 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

4 For necessary expenses in carrying out the activities 

5 authorized by section 5012 of the America COMPETES 

6 Act (42 U.S.C. 16538), $50,000,000 (increased by 

7 $20,000,000), to remain available until expended. 

8 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

9 PROGRAM

10 Such sums as are derived from amounts received 

11 from borrowers pursuant to section 1702(b)(1)(B) of the 

12 Energy Policy Act of 2005 under this heading in prior 

13 Acts, shall be collected in accordance with section 502(7) 

14 of the Congressional Budget Act of 1974: Provided, That, 

15 for necessary administrative expenses to carry out this 

16 Loan Guarantee program, $22,000,000 is appropriated, to 

17 remain available until September 30, 2015: Provided fur18 ther, That $22,000,000 of the fees collected pursuant to 

19 section 1702(h) of the Energy Policy Act of 2005 (42 

20 U.S.C. 16512(h)) shall be credited as offsetting collections 

21 to this account to cover administrative expenses and shall 

22 remain available until expended, so as to result in a final 

23 fiscal year 2014 appropriation from the general fund esti24 mated at not more than $0: Provided further, That fees 

25 collected under section 1702(h) in excess of the amount 


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1 appropriated for administrative expenses shall not be 

2 available until appropriated: Provided further, That the 

3 Department of Energy shall not subordinate any loan obli4 gation to other financing in violation of section 1702 of 

5 the Energy Policy Act of 2005 (42 U.S.C. 16512) or sub6 ordinate any Guaranteed Obligation to any loan or other 

7 debt obligations in violation of section 609.10 of title 10, 

8 Code of Federal Regulations. 

9 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

10 LOAN PROGRAM

11 For administrative expenses in carrying out the Ad12 vanced Technology Vehicles Manufacturing Loan Pro13 gram, $6,000,000, to remain available until September 30, 

14 2015. 

15 DEPARTMENTAL ADMINISTRATION

16 For salaries and expenses of the Department of En17 ergy necessary for departmental administration in car18 rying out the purposes of the Department of Energy Orga19 nization Act (42 U.S.C. 7101 et seq.), including the hire 

20 of passenger motor vehicles and official reception and rep21 resentation expenses not to exceed $30,000, $187,863,000 

22 (reduced by $15,000,000) (reduced by $20,000,000) (re23 duced by $9,478,000) (reduced by $20,000,000), to re24 main available until September 30, 2015, plus such addi25 tional amounts as necessary to cover increases in the estiVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 mated amount of cost of work for others notwithstanding 

2 the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 

3 et seq.): Provided, That such increases in cost of work are 

4 offset by revenue increases of the same or greater amount: 

5 Provided further, That moneys received by the Department 

6 for miscellaneous revenues estimated to total 

7 $108,188,000 in fiscal year 2014 may be retained and 

8 used for operating expenses within this account, as au9 thorized by section 201 of Public Law 95–238, notwith10 standing the provisions of 31 U.S.C. 3302: Provided fur11 ther, That the sum herein appropriated shall be reduced 

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

13 result in a final fiscal year 2014 appropriation from the 

14 general fund estimated at not more than $79,675,000. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For necessary expenses of the Office of the Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $42,000,000, to remain available 

19 until September 30, 2015. 

20 ATOMIC ENERGY DEFENSE ACTIVITIES 

21 NATIONAL NUCLEAR SECURITY 

22 ADMINISTRATION 

23 WEAPONS ACTIVITIES

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and capVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 ital equipment and other incidental expenses necessary for 

2 atomic energy defense weapons 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 one ambulance, 

8 $7,675,000,000, to remain available until expended. 

9 DEFENSE NUCLEAR NONPROLIFERATION

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 defense nuclear nonproliferation 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 $2,100,000,000, to remain available until expended: Pro19 vided, That the Secretary of Energy may make available 

20 from funds provided under this heading in this Act not 

21 more than $48,000,000 for the purpose of carrying out 

22 domestic uranium enrichment research, development, and 

23 demonstration activities. 


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1 NAVAL REACTORS

2 For Department of Energy expenses necessary for 

3 naval reactors activities to carry out the Department of 

4 Energy Organization Act (42 U.S.C. 7101 et seq.), includ5 ing the acquisition (by purchase, condemnation, construc6 tion, or otherwise) of real property, plant, and capital 

7 equipment, facilities, and facility expansion, 

8 $1,109,000,000, to remain available until expended: Pro9 vided, That $43,212,000 shall be available until Sep10 tember 30, 2015, for program direction. 

11 OFFICE OF THE ADMINISTRATOR

12 For necessary expenses of the Office of the Adminis13 trator in the National Nuclear Security Administration, 

14 including official reception and representation expenses 

15 not to exceed $12,000, $382,000,000 (reduced by 

16 $9,478,000), to remain available until September 30, 

17 2015. 

18 ENVIRONMENTAL AND OTHER DEFENSE 

19 ACTIVITIES 

20 DEFENSE ENVIRONMENTAL CLEANUP

21 For Department of Energy expenses, including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment and other expenses necessary for atomic 

24 energy defense environmental cleanup activities in car25 rying out the purposes of the Department of Energy OrgaVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 nization Act (42 U.S.C. 7101 et seq.), including the acqui2 sition or condemnation of any real property or any facility 

3 or for plant or facility acquisition, construction, or expan4 sion, and the purchase of not to exceed one sport utility 

5 vehicle, three lube trucks, and one fire truck for replace6 ment only, $4,750,000,000 (increased by $22,586,500), to 

7 remain available until expended: Provided, That 

8 $280,784,000 shall be available until September 30, 2015, 

9 for program direction. 

10 OTHER DEFENSE ACTIVITIES

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other expenses, necessary for atomic 

14 energy defense, other defense activities, and classified ac15 tivities, in carrying out the purposes of the Department 

16 of Energy Organization Act (42 U.S.C. 7101 et seq.), in17 cluding the acquisition or condemnation of any real prop18 erty or any facility or for plant or facility acquisition, con19 struction, or expansion, $830,000,000, to remain available 

20 until expended: Provided, That of such amount, 

21 $122,734,000 shall be available until September 30, 2015 

22 for program direction. 


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HR 2609 PCS

1 POWER MARKETING ADMINISTRATION 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for construction of, or participating in the 

6 construction of, a high voltage line from Bonneville’s high 

7 voltage system to the service areas of requirements cus8 tomers located within Bonneville’s service area in southern 

9 Idaho, southern Montana, and western Wyoming; and 

10 such line may extend to, and interconnect in, the Pacific 

11 Northwest with lines between the Pacific Northwest and 

12 the Pacific Southwest, and for John Day Reprogramming 

13 and Construction, the Columbia River Basin White Stur14 geon Hatchery, and Kelt Reconditioning and Reproductive 

15 Success Evaluation Research, and, in addition, for official 

16 reception and representation expenses in an amount not 

17 to exceed $5,000: Provided, That during fiscal year 2014, 

18 no new direct loan obligations may be made. 

19 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

20 ADMINISTRATION

21 For necessary expenses of operation and maintenance 

22 of power transmission facilities and of marketing electric 

23 power and energy, including transmission wheeling and 

24 ancillary services, pursuant to section 5 of the Flood Con25 trol Act of 1944 (16 U.S.C. 825s), as applied to the southVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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HR 2609 PCS

1 eastern power area, and including official reception and 

2 representation expenses in an amount not to exceed 

3 $1,500, $7,750,000, to remain available until expended: 

4 Provided, That notwithstanding 31 U.S.C. 3302 and sec5 tion 5 of the Flood Control Act of 1944, up to $7,750,000 

6 collected by the Southeastern Power Administration from 

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

8 this account as discretionary offsetting collections, to re9 main available until expended for the sole purpose of fund10 ing the annual expenses of the Southeastern Power Ad11 ministration: Provided further, That the sum herein appro12 priated for annual expenses shall be reduced as collections 

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

14 fiscal year 2014 appropriation estimated at not more than 

15 $0: Provided further, That, notwithstanding 31 U.S.C. 

16 3302, up to $78,081,000 collected by the Southeastern 

17 Power Administration pursuant to the Flood Control Act 

18 of 1944 to recover purchase power and wheeling expenses 

19 shall be credited to this account as offsetting collections, 

20 to remain available until expended for the sole purpose 

21 of making purchase power and wheeling expenditures: 

22 Provided further, That for purposes of this appropriation, 

23 annual expenses means expenditures that are generally re24 covered in the same year that they are incurred (excluding 

25 purchase power and wheeling expenses). 


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HR 2609 PCS

1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, for construction and acquisition of 

6 transmission lines, substations and appurtenant facilities, 

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out section 5 of the Flood Control 

10 Act of 1944 (16 U.S.C. 825s), as applied to the South11 western Power Administration, $45,456,000, to remain 

12 available until expended: Provided, That notwithstanding 

13 31 U.S.C. 3302 and section 5 of the Flood Control Act 

14 of 1944 (16 U.S.C. 825s), up to $33,564,000 collected 

15 by the Southwestern Power Administration from the sale 

16 of power and related services shall be credited to this ac17 count as discretionary offsetting collections, to remain 

18 available until expended, for the sole purpose of funding 

19 the annual expenses of the Southwestern Power Adminis20 tration: Provided further, That the sum herein appro21 priated for annual expenses shall be reduced as collections 

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

23 fiscal year 2014 appropriation estimated at not more than 

24 $11,892,000: Provided further, That, notwithstanding 31 

25 U.S.C. 3302, up to $42,000,000 collected by the SouthVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 western Power Administration pursuant to the Flood Con2 trol Act of 1944 to recover purchase power and wheeling 

3 expenses shall be credited to this account as offsetting col4 lections, to remain available until expended for the sole 

5 purpose of making purchase power and wheeling expendi6 tures: Provided further, That, for purposes of this appro7 priation, annual expenses means expenditures that are 

8 generally recovered in the same year that they are in9 curred (excluding purchase power and wheeling expenses). 

10 CONSTRUCTION, REHABILITATION, OPERATION AND

11 MAINTENANCE, WESTERN AREA POWER ADMINIS12 TRATION

13 For carrying out the functions authorized by title III, 

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

15 U.S.C. 7152), and other related activities including con16 servation and renewable resources programs as author17 ized, including official reception and representation ex18 penses in an amount not to exceed $1,500; $299,919,000, 

19 to remain available until expended, of which $292,019,000 

20 shall be derived from the Department of the Interior Rec21 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

22 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

25 $203,989,000 collected by the Western Area Power AdVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 ministration from the sale of power and related services 

2 shall be credited to this account as discretionary offsetting 

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

4 purpose of funding the annual expenses of the Western 

5 Area Power Administration: Provided further, That the 

6 sum herein appropriated for annual expenses shall be re7 duced as collections are received during the fiscal year so 

8 as to result in a final fiscal year 2014 appropriation esti9 mated at not more than $95,930,000, of which 

10 $88,030,000 is derived from the Reclamation Fund: Pro11 vided further, That notwithstanding 31 U.S.C. 3302, up 

12 to $230,738,000 collected by the Western Area Power Ad13 ministration pursuant to the Flood Control Act of 1944 

14 and the Reclamation Project Act of 1939 to recover pur15 chase power and wheeling expenses shall be credited to 

16 this account as offsetting collections, to remain available 

17 until expended for the sole purpose of making purchase 

18 power and wheeling expenditures: Provided further, That 

19 for purposes of this appropriation, annual expenses means 

20 expenditures that are generally recovered in the same year 

21 that they are incurred (excluding purchase power and 

22 wheeling expenses). 


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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $5,330,671, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 2 of the Act of June 

9 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

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

11 $4,910,671 collected by the Western Area Power Adminis12 tration from the sale of power and related services from 

13 the Falcon and Amistad Dams shall be credited to this 

14 account as discretionary offsetting collections, to remain 

15 available until expended for the sole purpose of funding 

16 the annual expenses of the hydroelectric facilities of these 

17 Dams and associated Western Area Power Administration 

18 activities: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 

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

21 fiscal year 2014 appropriation estimated at not more than 

22 $420,000: Provided further, That for purposes of this ap23 propriation, annual expenses means expenditures that are 

24 generally recovered in the same year that they are in25 curred: Provided further, That for fiscal year 2014, the 


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HR 2609 PCS

1 Administrator of the Western Area Power Administration 

2 may accept up to $865,000 in funds contributed by United 

3 States power customers of the Falcon and Amistad Dams 

4 for deposit into the Falcon and Amistad Operating and 

5 Maintenance Fund, and such funds shall be available for 

6 the purpose for which contributed in like manner as if said 

7 sums had been specifically appropriated for such purpose: 

8 Provided further, That any such funds shall be available 

9 without further appropriation and without fiscal year limi10 tation for use by the Commissioner of the United States 

11 Section of the International Boundary and Water Com12 mission for the sole purpose of operating, maintaining, re13 pairing, rehabilitating, replacing, or upgrading the hydro14 electric facilities at these Dams in accordance with agree15 ments reached between the Administrator, Commissioner, 

16 and the power customers. 

17 FEDERAL ENERGY REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Energy Regu20 latory Commission to carry out the provisions of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

23 the hire of passenger motor vehicles, and official reception 

24 and representation expenses not to exceed $3,000, 

25 $304,600,000, to remain available until expended: ProVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 vided, That notwithstanding any other provision of law, 

2 not to exceed $304,600,000 of revenues from fees and an3 nual charges, and other services and collections in fiscal 

4 year 2014 shall be retained and used for necessary ex5 penses in this account, and shall remain available until 

6 expended: Provided further, That the sum herein appro7 priated from the general fund shall be reduced as revenues 

8 are received during fiscal year 2014 so as to result in a 

9 final fiscal year 2014 appropriation from the general fund 

10 estimated at not more than $0. 

11 GENERAL PROVISIONS, DEPARTMENT OF 

12 ENERGY 

13 (INCLUDING TRANSFER OF FUNDS)

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

15 made available by this title for the Department of Energy 

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

17 or activity or to prepare or initiate Requests For Proposals 

18 or similar arrangements (including Requests for 

19 Quotations, Requests for Information, and Funding Op20 portunity Announcements) for a program, project, or ac21 tivity if the program, project, or activity has not been 

22 funded by Congress. 

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

24 Committees on Appropriations of the House of Represent25 atives and the Senate at least 3 full business days in adVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 vance, none of the funds made available in this title may 

2 be used to— 

3 (A) make a grant allocation or discretionary 

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

5 (B) make a discretionary contract award or 

6 Other Transaction Agreement totaling in excess of 

7 $1,000,000, including a contract covered by the 

8 Federal Acquisition Regulation; 

9 (C) issue a letter of intent to make an alloca10 tion, award, or Agreement in excess of the limits in 

11 subparagraph (A) or (B); or 

12 (D) announce publicly the intention to make an 

13 allocation, award, or Agreement in excess of the lim14 its in subparagraph (A) or (B). 

15 (2) The Secretary of Energy shall submit to the Com16 mittees on Appropriations of the House of Representatives 

17 and the Senate on the first business day of each quarter 

18 a report detailing each grant allocation or discretionary 

19 grant award totaling less than $1,000,000 provided during 

20 the previous quarter. 

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

22 the report required by paragraph (2) shall include the re23 cipient of the award, the amount of the award, the fiscal 

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

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


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HR 2609 PCS

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

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

3 made. 

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

5 to any program, project, or activity that uses budget au6 thority made available in this title under the heading ‘‘De7 partment of Energy—Energy Programs’’, enter into a 

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

9 a multiyear cooperative agreement unless— 

10 (1) the contract, grant, or cooperative agree11 ment is funded for the full period of performance as 

12 anticipated at the time of award; or 

13 (2) the contract, grant, or cooperative agree14 ment includes a clause conditioning the Federal Gov15 ernment’s obligation on the availability of future 

16 year budget authority and the Secretary notifies the 

17 Committees on Appropriations of the House of Rep18 resentatives and the Senate at least 3 days in ad19 vance. 

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

21 the amounts made available by this title shall be expended 

22 as authorized by law for the programs, projects, and ac23 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

24 of Energy’’ table or the text included under the heading 


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HR 2609 PCS

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

2 Committee on Appropriations accompanying this Act. 

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

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

5 the Department shall notify the Committees on Appropria6 tions of the House of Representatives and the Senate at 

7 least 30 days prior to the use of any proposed reprogram8 ming which would cause any program, project, or activity 

9 funding level to increase or decrease by more than 

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

11 time period covered by this Act. 

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

13 available for obligation or expenditure through a re14 programming of funds that— 

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

16 project, or activity; 

17 (2) increases funds or personnel for any pro18 gram, project, or activity for which funds are denied 

19 or restricted by this Act; or 

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

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

22 Act. 

23 (g)(1) The Secretary of Energy may waive any re24 quirement or restriction in this section that applies to the 

25 use of funds made available for the Department of Energy 


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HR 2609 PCS

1 if compliance with such requirement or restriction would 

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

3 welfare, or national security. 

4 (2) The Secretary of Energy shall notify the Commit5 tees on Appropriations of the House of Representatives 

6 and the Senate of any waiver under paragraph (1) as soon 

7 as practicable, but not later than 3 days after the date 

8 of the activity to which a requirement or restriction would 

9 otherwise have applied. Such notice shall include an expla10 nation of the substantial risk under paragraph (1) that 

11 permitted such waiver. 

12 SEC. 302. The unexpended balances of prior appro13 priations provided for activities in this Act may be avail14 able to the same appropriation accounts for such activities 

15 established pursuant to this title. Available balances may 

16 be merged with funds in the applicable established ac17 counts and thereafter may be accounted for as one fund 

18 for the same time period as originally enacted. 

19 SEC. 303. Funds appropriated by this or any other 

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

21 Act, for intelligence activities are deemed to be specifically 

22 authorized by the Congress for purposes of section 504 

23 of the National Security Act of 1947 (50 U.S.C. 414) dur24 ing fiscal year 2014 until the enactment of the Intelligence 

25 Authorization Act for fiscal year 2014. 


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

2 title shall be used for the construction of facilities classi3 fied as high-hazard nuclear facilities under 10 CFR Part 

4 830 unless independent oversight is conducted by the Of5 fice of Health, Safety, and Security to ensure the project 

6 is in compliance with nuclear safety requirements. 

7 SEC. 305. None of the funds made available in this 

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

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

10 any successive departmental guidance, for construction 

11 projects where the total project cost exceeds 

12 $100,000,000, until a separate independent cost estimate 

13 has been developed for the project for that critical deci14 sion. 

15 SEC. 306. Section 20320 of the Continuing Appro16 priations Resolution, 2007, Public Law 109–289, division 

17 B, as amended by the Revised Continuing Appropriations 

18 Resolution, 2007, Public Law 110–5, is amended by strik19 ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’ 

20 and inserting in lieu thereof ‘‘a review every three years’’. 

21 SEC. 307. None of the funds made available by this 

22 or any subsequent Act for fiscal year 2014 or any fiscal 

23 year hereafter may be used to pay the salaries of Depart24 ment of Energy employees to carry out the amendments 


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1 made by section 407 of division A of the American Recov2 ery and Reinvestment Act of 2009. 

3 SEC. 308. Notwithstanding section 307 of Public Law 

4 111–85, of the funds made available by the Department 

5 of Energy for activities at Government-owned, contractor6 operated laboratories funded in this or any subsequent 

7 Energy and Water Development appropriation Act for any 

8 fiscal year, the Secretary may authorize a specific amount, 

9 not to exceed 4.5 percent of such funds, to be used by 

10 such laboratories for laboratory directed research and de11 velopment. 

12 SEC. 309. Notwithstanding section 301(c) of this Act, 

13 none of the funds made available under the heading ‘‘De14 partment of Energy—Energy Programs—Science’’ may 

15 be used for a multiyear contract, grant, cooperative agree16 ment, or Other Transaction Agreement of $1,500,000 or 

17 less unless the contract, grant, cooperative agreement, or 

18 Other Transaction Agreement is funded for the full period 

19 of performance as anticipated at the time of award. 

20 SEC. 310. Not later than June 30, 2014, the Sec21 retary shall submit to the Committees on Appropriations 

22 of the House of Representatives and the Senate a tritium 

23 and enriched uranium management plan that provides— 


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1 (1) an assessment of the national security de2 mand for tritium and low and highly enriched ura3 nium through 2060; 

4 (2) a description of the Department of Energy’s 

5 plan to provide adequate amounts of tritium and en6 riched uranium for national security purposes 

7 through 2060; and 

8 (3) an analysis of planned and alternative tech9 nologies which are available to meet the supply 

10 needs for tritium and enriched uranium for national 

11 security purposes, including weapons dismantlement 

12 and down-blending. 

13 SEC. 311. The Secretary of Energy shall submit to 

14 the congressional defense committees (as defined in 10 

15 U.S.C. 101(a)(16)) not later than December 1, 2013, a 

16 report that provides an analysis of alternatives for each 

17 major warhead refurbishment program that reaches Phase 

18 6.3, including— 

19 (1) a summary of the overall cost, scope, and 

20 schedule planning assumptions for the major refur21 bishment activity; 

22 (2) a full description of alternatives considered 

23 prior to the award of Phase 6.3; 

24 (3) a comparison of the costs and benefits of 

25 each of those alternatives, to include an analysis of 


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1 trade-offs among cost, schedule, and performance 

2 objectives against each alternative considered; 

3 (4) an assessment of the risks, costs, and 

4 scheduling needs for each military requirement es5 tablished by the Department of Defense or any re6 quirement established to enhance safety, security, or 

7 maintainability; 

8 (5) identification of the cost and risk of critical 

9 technology elements associated with each refurbish10 ment alternative, including technology maturity, in11 tegration risk, manufacturing feasibility, and dem12 onstration needs; and 

13 (6) identification of the cost and risk of capital 

14 asset and infrastructure capabilities required to sup15 port production and certification of each refurbish16 ment alternative. 

17 TITLE IV—INDEPENDENT AGENCIES 

18 APPALACHIAN REGIONAL COMMISSION

19 For expenses necessary to carry out the programs au20 thorized by the Appalachian Regional Development Act of 

21 1965, notwithstanding 40 U.S.C. 14704, and for nec22 essary expenses for the Federal Co-Chairman and the Al23 ternate on the Appalachian Regional Commission, for pay24 ment of the Federal share of the administrative expenses 

25 of the Commission, including services as authorized by 5 


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1 U.S.C. 3109, and hire of passenger motor vehicles, 

2 $70,317,000, to remain available until expended. 

3 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Defense Nuclear Fa6 cilities Safety Board in carrying out activities authorized 

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

8 Law 100–456, section 1441, $29,915,000, to remain 

9 available until September 30, 2015: Provided, That of the 

10 amount provided under this heading, $850,000 shall be 

11 made available to procure Inspector General services from 

12 the Inspector General of the Nuclear Regulatory Commis13 sion. 

14 DELTA REGIONAL AUTHORITY

15 SALARIES AND EXPENSES

16 For necessary expenses of the Delta Regional Author17 ity and to carry out its activities, as authorized by the 

18 Delta Regional Authority Act of 2000, notwithstanding 

19 sections 382C(b)(2), 382F(d), 382M, and 382N of said 

20 Act, $11,319,000, to remain available until expended. 

21 DENALI COMMISSION

22 For expenses of the Denali Commission including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment as necessary and other expenses, 

25 $7,396,000, to remain available until expended, notwithVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 standing the limitations contained in section 306(g) of the 

2 Denali Commission Act of 1998: Provided, That funds 

3 shall be available for construction projects in an amount 

4 not to exceed 80 percent of total project cost for distressed 

5 communities, as defined by section 307 of the Denali Com6 mission Act of 1998 (division C, title III, Public Law 105– 

7 277), as amended by section 701 of appendix D, title VII, 

8 Public Law 106–113 (113 Stat. 1501A–280), and an 

9 amount not to exceed 50 percent for non-distressed com10 munities. 

11 NORTHERN BORDER REGIONAL COMMISSION

12 For necessary expenses of the Northern Border Re13 gional Commission in carrying out activities authorized by 

14 subtitle V of title 40, United States Code, $1,355,000, to 

15 remain available until expended: Provided, That such 

16 amounts shall be available for administrative expenses, 

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

18 States Code. 

19 SOUTHEAST CRESCENT REGIONAL COMMISSION

20 For necessary expenses of the Southeast Crescent Re21 gional Commission in carrying out activities authorized by 

22 subtitle V of title 40, United States Code, $250,000, to 

23 remain available until expended. 


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HR 2609 PCS

1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission in car4 rying out the purposes of the Energy Reorganization Act 

5 of 1974 and the Atomic Energy Act of 1954, including 

6 official representation expenses (not to exceed $25,000), 

7 $1,043,937,000, to remain available until expended: Pro8 vided, That of the amount appropriated herein, not more 

9 than $9,500,000 may be made available for salaries, trav10 el, and other support costs for the Office of the Commis11 sion, to remain available until September 30, 2015, of 

12 which, notwithstanding section 201(a)(2)(c) of the Energy 

13 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 

14 the use and expenditure shall only be approved by a major15 ity vote of the Commission: Provided further, That reve16 nues from licensing fees, inspection services, and other 

17 services and collections estimated at $920,721,000 in fis18 cal year 2014 shall be retained and used for necessary 

19 salaries and expenses in this account, notwithstanding 31 

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

21 Provided further, That the sum herein appropriated shall 

22 be reduced by the amount of revenues received during fis23 cal year 2014 so as to result in a final fiscal year 2014 

24 appropriation estimated at not more than $123,216,000: 

25 Provided further, That of the amounts appropriated under 


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1 this heading, $10,000,000 shall be for university research 

2 and development in areas relevant to their respective orga3 nization’s mission, and $5,000,000 shall be for a Nuclear 

4 Science and Engineering Grant Program that will support 

5 multiyear projects that do not align with programmatic 

6 missions but are critical to maintaining the discipline of 

7 nuclear science and engineering. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, $11,105,000, to remain available 

12 until September 30, 2015: Provided, That revenues from 

13 licensing fees, inspection services, and other services and 

14 collections estimated at $9,994,000 in fiscal year 2014 

15 shall be retained and be available until September 30, 

16 2015, for necessary salaries and expenses in this account, 

17 notwithstanding section 3302 of title 31, United States 

18 Code: Provided further, That the sum herein appropriated 

19 shall be reduced by the amount of revenues received dur20 ing fiscal year 2014 so as to result in a final fiscal year 

21 2014 appropriation estimated at not more than 

22 $1,111,000. 


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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

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

5 203, section 5051, $3,400,000, to be derived from the Nu6 clear Waste Fund, to remain available until September 30, 

7 2015. 

8 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

9 NATURAL GAS TRANSPORTATION PROJECTS

10 For necessary expenses for the Office of the Federal 

11 Coordinator for Alaska Natural Gas Transportation 

12 Projects pursuant to the Alaska Natural Gas Pipeline Act, 

13 $1,000,000, to remain available until September 30, 2015: 

14 Provided, That any fees, charges, or commissions received 

15 pursuant to section 106(h) of the Alaska Natural Gas 

16 Pipeline Act (15 U.S.C. 720d(h)) in fiscal year 2014 in 

17 excess of $2,402,000 shall not be available for obligation 

18 until appropriated in a subsequent Act of Congress. 

19 GENERAL PROVISIONS—INDEPENDENT 

20 AGENCIES 

21 SEC. 401. The Chairman of the Nuclear Regulatory 

22 Commission may not terminate any program, project, or 

23 activity without a majority vote of the Commissioners of 

24 the Nuclear Regulatory Commission approving such ac25 tion. 


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1 SEC. 402. The Chairman of the Nuclear Regulatory 

2 Commission shall notify the Committees on Appropria3 tions of the House of Representatives and the Senate not 

4 later than 1 day after the Chairman begins performing 

5 functions under the authority of section 3 of Reorganiza6 tion Plan No. 1 of 1980, or after a member of the Com7 mission who was delegated emergency functions under 

8 subsection (b) of that section begins performing those 

9 functions. Such notification shall include an explanation 

10 of the circumstances warranting the exercise of such au11 thority. The Chairman shall report to the Committees, not 

12 less frequently than once each week, on the actions taken 

13 by the Chairman, or a delegated member of the Commis14 sion, under such authority, until the authority is relin15 quished. The Chairman shall notify the Committees not 

16 later than 1 day after such authority is relinquished. The 

17 Chairman shall submit the report required by section 3(d) 

18 of the Reorganization Plan No. 1 of 1980 to the Commit19 tees not later than 1 day after it was submitted to the 

20 Commission. 

21 TITLE V—GENERAL PROVISIONS 

22 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

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

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

25 congressional action on any legislation or appropriation 


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HR 2609 PCS

1 matters pending before Congress, other than to commu2 nicate to Members of Congress as described in 18 U.S.C. 

3 1913. 

4 SEC. 502. None of the funds made available by this 

5 Act may be used to eliminate or reduce funding for a pro6 gram, project, or activity as proposed in a President’s 

7 budget request for a fiscal year until such proposed change 

8 is subsequently enacted in an appropriations Act, or unless 

9 such change is made pursuant to the reprogramming and 

10 transfer provisions of this Act. 

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

12 Act may be used to enter into a contract, memorandum 

13 of understanding, or cooperative agreement with, make a 

14 grant to, or provide a loan or loan guarantee to any cor15 poration that was convicted of a felony criminal violation 

16 under any Federal law within the preceding 24 months, 

17 where the awarding agency is aware of the conviction, un18 less the agency has considered suspension or debarment 

19 of the corporation and has made a determination that this 

20 further action is not necessary to protect the interests of 

21 the Government. 

22 SEC. 504. None of the funds made available by this 

23 Act may be used to enter into a contract, memorandum 

24 of understanding, or cooperative agreement with, make a 

25 grant to, or provide a loan or loan guarantee to, any corVerDate Mar 15 2010 21:04 Jul 16, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.PCS H2609

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1 poration that has any unpaid Federal tax liability that has 

2 been assessed, for which all judicial and administrative 

3 remedies have been exhausted or have lapsed, and that 

4 is not being paid in a timely manner pursuant to an agree5 ment with the authority responsible for collecting the tax 

6 liability, where the awarding agency is aware of the unpaid 

7 tax liability, unless the agency has considered suspension 

8 or debarment of the corporation and has made a deter9 mination that this further action is not necessary to pro10 tect the interests of the Government. 

11 SEC. 505. (a) None of the funds made available in 

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

13 agency, or instrumentality of the United States Govern14 ment, except pursuant to a transfer made by or transfer 

15 authority provided in this Act or any other appropriation 

16 Act for any fiscal year, transfer authority referenced in 

17 the report of the Committee on Appropriations accom18 panying this Act, or any authority whereby a department, 

19 agency, or instrumentality of the United States Govern20 ment may provide goods or services to another depart21 ment, agency, or instrumentality. 

22 (b) None of the funds made available for any depart23 ment, agency, or instrumentality of the United States 

24 Government may be transferred to accounts funded in title 

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


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1 transfer authority provided in this Act or any other appro2 priation Act for any fiscal year, transfer authority ref3 erenced in the report of the Committees on Appropriations 

4 accompanying this Act, or any authority whereby a de5 partment, agency, or instrumentality of the United States 

6 Government may provide goods or services to another de7 partment, agency, or instrumentality. 

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

9 funded in this Act utilizing any transfer authority shall 

10 submit to the Committees on Appropriations of the House 

11 of Representatives and the Senate a semiannual report de12 tailing the transfer authorities, except for any authority 

13 whereby a department, agency, or instrumentality of the 

14 United States Government may provide goods or services 

15 to another department, agency, or instrumentality, used 

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

17 report shall include the amounts transferred and the pur18 poses for which they were transferred, and shall not re19 place or modify existing notification requirements for each 

20 authority. 

21 SEC. 506. None of the funds made available by this 

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

23 12898 of February 11, 1994 (‘‘Federal Actions to Address 

24 Environmental Justice in Minority Populations and Low25 Income Populations’’). 


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1 SEC. 507. None of the funds made available under 

2 this Act may be expended for any new hire by any Federal 

3 agency funded in this Act that is not verified through the 

4 E-Verify Program as described in section 403(a) of the 

5 Illegal Immigration Reform and Immigrant Responsibility 

6 Act of 1996 (8 U.S.C. 1324a note). 

7 SEC. 508. (a) Of the unobligated balances available 

8 from prior year appropriations for the following accounts, 

9 the following amounts are hereby permanently rescinded: 

10 (1) Under the heading ‘‘Corps of Engineers11 Civil—Department of the Army’’, $200,000,000, to 

12 be derived by the Secretary of the Army from funds 

13 made available for ‘‘Construction, General’’, ‘‘Flood 

14 Control, Mississippi River and Tributaries, Arkan15 sas, Illinois, Kentucky, Louisiana, Mississippi, Mis16 souri, and Tennessee’’, ‘‘General Investigations’’, 

17 ‘‘Construction’’, ‘‘Investigations’’, and ‘‘Mississippi 

18 River and Tributaries’’. 

19 (2) ‘‘Department of Energy—Energy Pro20 grams—Energy Efficiency and Renewable Energy’’, 

21 $157,000,000. 

22 (3) ‘‘Department of Energy—Atomic Energy 

23 Defense Activities—National Nuclear Security Ad24 ministration—Weapons Activities’’, $142,000,000. 


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1 (4) ‘‘Department of Energy—Atomic Energy 

2 Defense Activities—National Nuclear Security Ad3 ministration—Defense Nuclear Nonproliferation’’, 

4 $20,000,000. 

5 (b) No amounts may be rescinded under this section 

6 from amounts that were designated by the Congress as 

7 an emergency requirement pursuant to a concurrent reso8 lution on the budget or the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 SEC. 509. None of the funds made available in this 

11 Act may be used to conduct closure of adjudicatory func12 tions, technical review, or support activities associated 

13 with the Yucca Mountain geologic repository license appli14 cation, or for actions that irrevocably remove the possi15 bility that Yucca Mountain may be a repository option in 

16 the future. 

17 SEC. 510. The Commissioner of the Bureau of Rec18 lamation and the Assistant Secretary of the Army (Civil 

19 Works) shall submit to the Committees on Appropriations 

20 of the House of Representatives and the Senate, at the 

21 time that the President’s budget proposal for fiscal year 

22 2015 is submitted pursuant to section 1105(a) of title 31, 

23 United States Code, a comprehensive report compiled in 

24 conjunction with the Government Accountability Office 

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1 ities, and performance metrics that are measurable, re2 peatable, and directly linked to requests for funding. 

3 SEC. 511. It is the sense of the Congress that the 

4 Congress should not pass any legislation that authorizes 

5 spending cuts that would increase poverty in the United 

6 States. 

7 SPENDING REDUCTION ACCOUNT

8 SEC. 512. The amount by which the applicable alloca9 tion of new budget authority made by the Committee on 

10 Appropriations of the House of Representatives under sec11 tion 302(b) of the Congressional Budget Act of 1974 ex12 ceeds the amount of proposed new budget authority is $0. 

13 SEC. 513. None of the funds made available in this 

14 Act may be used— 

15 (1) to implement or enforce section 430.32(x) 

16 of title 10, Code of Federal Regulations; or 

17 (2) to implement or enforce the standards es18 tablished by the tables contained in section 

19 325(i)(1)(B) of the Energy Policy and Conservation 

20 Act (42 U.S.C. 6295(i)(1)(B)) with respect to 

21 BPAR incandescent reflector lamps, BR incandes22 cent reflector lamps, and ER incandescent reflector 

23 lamps. 

24 SEC. 514. None of the funds made available by this 

25 Act may be used to pay the salary of individuals appointed 


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1 to their current position through, or to otherwise carry 

2 out, paragraphs (1), (2), and (3) of section 5503(a) of 

3 title 5, United States Code. 

4 SEC. 515. None of the funds made available in this 

5 Act may be used within the borders of the State of Lou6 isiana by the Mississippi Valley Division or the South7 western Division of the Army Corps of Engineers or any 

8 district of the Corps within such divisions to implement 

9 or enforce the mitigation methodology, referred to as the 

10 ‘‘Modified Charleston Method’’. 

11 SEC. 516. None of the funds made available by this 

12 Act may be used by the Department of Energy to finalize, 

13 implement, or enforce the proposed rule entitled ‘‘Energy 

14 Conservation Standards Ceiling Fans and Ceiling Fan 

15 Light Kits’’ and identified by regulation identification 

16 number 1904–AC87. 

17 SEC. 517. None of the funds made available in this 

18 Act may be used to relocate or consolidate general and 

19 administrative functions, personnel, or resources of the 

20 Buffalo and Chicago Districts of the Corps of Engineers 

21 Great Lakes and Ohio River Division. 

22 SEC. 518. None of the funds made available by this 

23 Act may be used to carry out section 801 of the Energy 

24 Independence and Security Act of 2007 (42 U.S.C. 

25 17281). 


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1 SEC. 519. None of the funds made available by this 

2 Act may be used to enter into a contract with any offeror 

3 or any of its principals if the offeror certifies, as required 

4 by Federal Acquisition Regulation, that the offeror or any 

5 of its principals— 

6 (1) within a 3-year period preceding this offer 

7 has been convicted of or had a civil judgment ren8 dered against it for: (A) commission of fraud or a 

9 criminal offense in connection with obtaining, at10 tempting to obtain, or performing a public (Federal, 

11 State, or local) contract or subcontract; violation of 

12 Federal or State antitrust statutes relating to the 

13 submission of offers; or (B) commission of embezzle14 ment, theft, forgery, bribery, falsification or destruc15 tion of records, making false statements, tax eva16 sion, violating Federal criminal tax laws, or receiving 

17 stolen property; 

18 (2) are presently indicted for, or otherwise 

19 criminally or civilly charged by a governmental enti20 ty with, commission of any of the offenses enumer21 ated above in paragraph (1); or 

22 (3) within a 3-year period preceding this offer, 

23 has been notified of any delinquent Federal taxes in 

24 an amount that exceeds $3,000 for which the liabil25 ity remains unsatisfied. 


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1 SEC. 520. The amounts otherwise provided by this 

2 Act are revised by reducing the amount made available 

3 for ‘‘Department of Energy––Energy Programs––Depart4 ment Administration’’, and increasing the amount made 

5 available for ‘‘Corps of Engineers-Civil––Department of 

6 the Army––Corps of Engineers––Construction’’, by 

7 $2,000,000. 

8 SEC. 521. The amounts otherwise provided by this 

9 Act are revised by reducing the amount made available 

10 for ‘‘Department of Energy—Energy Programs—Fossil 

11 Energy Research and Development’’, and increasing the 

12 amount made available for ‘‘Corps of Engineers-Civil— 

13 Department of the Army—Corps of Engineers-Civil— 

14 Construction’’, by $20,000,000. 

15 SEC. 522. None of the funds made available in this 

16 Act or funds available in the Bonneville Power Adminis17 tration Fund may be used by the Department of Energy 

18 for any program, project, or activity required by or other19 wise proposed in the memorandum from Steven Chu, Sec20 retary of Energy, to the Power Marketing Administrators 

21 with the subject line ‘‘Power Marketing Administrations’ 

22 Role’’ and dated March 16, 2012. 

23 SEC. 523. None of the funds made available by this 

24 Act may be used to reduce the active and inactive nuclear 

25 weapons stockpiles of the United States in contravention 


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1 of section 303(b) of the Arms Control and Disarmament 

2 Act (22 U.S.C. 2573(b)). 

3 SEC. 524. None of the funds made available by this 

4 Act may be used to lease or purchase new light duty vehi5 cles for any executive fleet, or for an agency’s fleet inven6 tory, except in accordance with Presidential Memo7 randum—Federal Fleet Performance, dated May 24, 

8 2011. 

9 SEC. 525. The amounts otherwise provided by this 

10 Act are revised by reducing the amount made available 

11 for ‘‘Corps of Engineers-Civil—Expenses’’, and by in12 creasing the amount made available for ‘‘Corps of Engi13 neers-Civil—Construction’’, by $1,000,000. 

14 SEC. 526. None the funds made available by this Act 

15 may be used for the study of the Missouri River Projects 

16 authorized in section 108 of the Energy and Water Devel17 opment and Related Agencies Appropriations Act, 2009 

18 (division C of Public Law 111–8). 

19 SEC. 527. None of the funds made available in this 

20 Act may be used to continue the study conducted by the 

21 Army Corps of Engineers pursuant to section 5018(a)(1) 

22 of the Water Resources Development Act of 2007. 

23 SEC. 528. None of the funds made available in this 

24 Act may be used to issue rules or regulations to establish 

25 a fee for surplus water from Missouri River reservoirs. 


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1 SEC. 529. None of the funds made available in this 

2 Act may be used to develop or submit a proposal to expand 

3 the authorized uses of the Harbor Maintenance Trust 

4 Fund described in section 9505(c) of the Internal Revenue 

5 Code of 1986. 

6 SEC. 530. None of the funds made available by this 

7 Act may be used to regulate activities identified in sub8 paragraphs (A) and (C) of section 404(f)(1) of the Federal 

9 Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A), 

10 (C)). 

11 SEC. 531. None of the funds made available in this 

12 Act to the United States Army Corps of Engineers may 

13 be used for sediment or soil dumping into the Missouri 

14 River. 

15 SEC. 532. None of the funds made available by this 

16 Act may be used to implement, administer, or enforce the 

17 National Ocean Policy developed under Executive Order 

18 No. 13547 of July 19, 2010 (75 Fed. Reg. 43023, relating 

19 to the stewardship of oceans, coasts, and the Great 

20 Lakes). 

21 SEC. 533. None of the funds made available by this 

22 Act may be used to implement, administer, or enforce sec23 tion 526 of the Energy Independence and Security Act 

24 of 2007 (Public Law 110–140; 42 U.S.C. 17142). 


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1 SEC. 534. None of the funds made available by this 

2 Act may be used to pay the salary of any officer or em3 ployee to carry out section 301 of the Hoover Power Plant 

4 Act of 1984 (42 U.S.C. 16421a; added by section 402 of 

5 the American Recovery and Reinvestment Act of 2009 

6 (Public Law 111–5)). 

7 This Act may be cited as the ‘‘Energy and Water De8 velopment and Related Agencies Appropriations Act, 

9 2014’’. 

Passed the House of Representatives July 10, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 134 

113TH CONGRESS 

1ST SESSION H. R. 2609 

AN ACT 

Making appropriations for energy and water develposes. ending September 30, 2014, and for other pur- opment and related agencies for the fiscal year 

JULY 16 (legislative day, JULY 15), 2013 

Received; read twice and placed on the calendar 


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