IB 

Union Calendar No. 97 

113TH CONGRESS 

1ST SESSION H. R. 2609 

[Report No. 113–135] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2014, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2013 

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

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2014, and for other purposes. 


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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: 

8 TITLE I—CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

12 the direction of the Secretary of the Army and the super13 vision of the Chief of Engineers for authorized civil func14 tions of the Department of the Army pertaining to river 

15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related efforts. 

17 INVESTIGATIONS

18 For expenses necessary where authorized by law for 

19 the collection and study of basic information pertaining 

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

21 shore protection, aquatic ecosystem restoration, and re22 lated needs; for surveys and detailed studies, and plans 

23 and specifications of proposed river and harbor, flood and 

24 storm damage reduction, shore protection, and aquatic 

25 ecosystem restoration, projects and related efforts prior to 


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1 construction; for restudy of authorized projects; and for 

2 miscellaneous investigations, and, when authorized by law, 

3 surveys and detailed studies, and plans and specifications 

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

5 available until expended. 

6 CONSTRUCTION

7 For expenses necessary for the construction of river 

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

10 projects authorized by law; for conducting detailed studies, 

11 and plans and specifications, of such projects (including 

12 those involving participation by States, local governments, 

13 or private groups) authorized or made eligible for selection 

14 by law (but such detailed studies, and plans and specifica15 tions, shall not constitute a commitment of the Govern16 ment to construction), $1,343,000,000, to remain avail17 able until expended; of which such sums as are necessary 

18 to cover the Federal share of construction costs for facili19 ties under the Dredged Material Disposal Facilities pro20 gram shall be derived from the Harbor Maintenance Trust 

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

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

23 of construction, replacement, rehabilitation, and expansion 

24 of inland waterways projects shall be derived from the In25 land Waterways Trust Fund. 


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1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for flood damage reduction 

3 projects and related efforts in the Mississippi River allu4 vial valley below Cape Girardeau, Missouri, as authorized 

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

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

7 share of eligible operation and maintenance costs for in8 land harbors shall be derived from the Harbor Mainte9 nance Trust Fund. 

10 OPERATION AND MAINTENANCE

11 For expenses necessary for the operation, mainte12 nance, and care of existing river and harbor, flood and 

13 storm damage reduction, aquatic ecosystem restoration, 

14 and related projects authorized by law; providing security 

15 for infrastructure owned or operated by the Corps, includ16 ing administrative buildings and laboratories; maintaining 

17 harbor channels provided by a State, municipality, or 

18 other public agency that serve essential navigation needs 

19 of general commerce, where authorized by law; surveying 

20 and charting northern and northwestern lakes and con21 necting waters; clearing and straightening channels; and 

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

23 remain available until expended, of which such sums as 

24 are necessary to cover the Federal share of eligible oper25 ation and maintenance costs for coastal harbors and chanVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 nels, and for inland harbors shall be derived from the Har2 bor Maintenance Trust Fund; of which such sums as be3 come available from the special account for the Corps of 

4 Engineers established by the Land and Water Conserva5 tion Fund Act of 1965 shall be derived from that account 

6 for resource protection, research, interpretation, and 

7 maintenance activities related to resource protection in the 

8 areas at which outdoor recreation is available; and of 

9 which such sums as become available from fees collected 

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

11 to cover the cost of operation and maintenance of the 

12 dredged material disposal facilities for which such fees 

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

14 amount of funds provided for each of the programs, 

15 projects or activities funded under this heading shall not 

16 be allocated to a field operating activity prior to the begin17 ning of the fourth quarter of the fiscal year and shall be 

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

19 emergency activities as the Chief of Engineers determines 

20 to be necessary and appropriate, and that the Chief of En21 gineers shall allocate during the fourth quarter any re22 maining funds which have not been used for emergency 

23 activities proportionally in accordance with the amounts 

24 provided for the programs, projects, or activities. 


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1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $193,000,000, to remain available until September 30, 

5 2015. 

6 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

7 For expenses necessary to clean up contamination 

8 from sites in the United States resulting from work per9 formed as part of the Nation’s early atomic energy pro10 gram, $104,000,000, to remain available until expended. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For expenses necessary to prepare for flood, hurri13 cane, and other natural disasters and support emergency 

14 operations, repairs, and other activities in response to 

15 such disasters as authorized by law, $28,000,000, to re16 main available until expended. 

17 EXPENSES

18 For expenses necessary for the supervision and gen19 eral administration of the civil works program in the head20 quarters of the Corps of Engineers and the offices of the 

21 Division Engineers; and for costs of management and op22 eration of the Humphreys Engineer Center Support Activ23 ity, the Institute for Water Resources, the United States 

24 Army Engineer Research and Development Center, and 

25 the United States Army Corps of Engineers Finance CenVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 ter allocable to the civil works program, $182,000,000, to 

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

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

4 representation purposes and only during the current fiscal 

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

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

7 works activities of the Office of the Chief of Engineers 

8 or the civil works executive direction and management ac9 tivities of the division offices: Provided further, That any 

10 Flood Control and Coastal Emergencies appropriation 

11 may be used to fund the supervision and general adminis12 tration of emergency operations, repairs, and other activi13 ties in response to any flood, hurricane, or other natural 

14 disaster. 

15 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

16 FOR CIVIL WORKS

17 For the Office of the Assistant Secretary of the Army 

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

19 $5,000,000, to remain available until September 30, 2015. 

20 ADMINISTRATIVE PROVISION

21 The Revolving Fund, Corps of Engineers, shall be 

22 available during the current fiscal year for purchase (not 

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

24 motor vehicles for the civil works program. 


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1 GENERAL PROVISIONS, CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 shall be available for obligation or expenditure through a 

6 reprogramming of funds that— 

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

8 or activity; 

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

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds are denied 

12 or restricted by this Act; 

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

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

15 Act; 

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

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

18 whichever is less; or 

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

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

21 whichever is less. 

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

23 or activity authorized under section 205 of the Flood Con24 trol Act of 1948, section 14 of the Flood Control Act of 

25 1946, section 208 of the Flood Control Act of 1954, secVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 tion 107 of the River and Harbor Act of 1960, section 

2 103 of the River and Harbor Act of 1962, section 111 

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

4 Water Resources Development Act of 1986, section 206 

5 of the Water Resources Development Act of 1996, or sec6 tion 204 of the Water Resources Development Act of 

7 1992. 

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

9 a quarterly basis to the Committees on Appropriations of 

10 the House of Representatives and the Senate detailing all 

11 the funds reprogrammed between programs, projects, ac12 tivities, or categories of funding. The first quarterly report 

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

14 of enactment of this Act. 

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

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

17 commits funds beyond the amounts appropriated for that 

18 program, project, or activity that remain unobligated, ex19 cept that such amounts may include any funds that have 

20 been made available through reprogramming pursuant to 

21 section 101. 

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

23 Acts, making funds available for Energy and Water Devel24 opment, shall be used to award any continuing contract 

25 that commits additional funding from the Inland WaterVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 ways Trust Fund unless or until such time that a long2 term mechanism to enhance revenues in this Fund suffi3 cient to meet the cost-sharing authorized in the Water Re4 sources Development Act of 1986 (Public Law 99-662) 

5 is enacted. 

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

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

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

9 submit the report to the appropriate authorizing and ap10 propriating committees of the Congress. 

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

12 this Act, the Secretary of the Army is authorized to imple13 ment measures recommended in the efficacy study author14 ized under section 3061 of the Water Resources Develop15 ment Act of 2007 (Public Law 110–114; 121 Stat. 1121) 

16 or in interim reports, with such modifications or emer17 gency measures as the Secretary of the Army determines 

18 to be appropriate, to prevent aquatic nuisance species 

19 from dispersing into the Great Lakes by way of any hydro20 logic connection between the Great Lakes and the Mis21 sissippi River Basin. 

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

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

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

25 Fish and Wildlife Service may accept and expend, such 


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

2 Wildlife Service determine to be necessary to mitigate for 

3 fisheries lost due to Corps of Engineers projects, except 

4 that in no event may the amount of funds transferred pur5 suant to this section during any fiscal year exceed the 

6 amount identified for such purpose in the report accom7 panying the appropriations for that fiscal year. 

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

9 Act or any other Act making appropriations for Energy 

10 and Water Development may be used by the Corps of En11 gineers to develop, adopt, implement, administer, or en12 force any change to the regulations and guidance in effect 

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

14 under the jurisdiction of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1251 et seq.), including the provisions 

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

17 1993, relating to such jurisdiction, and the guidance docu18 ments dated January 15, 2003, and December 2, 2008, 

19 relating to such jurisdiction. 

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

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

22 4013) is amended by striking ‘‘$775,000,000’’ each place 

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


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1 SEC. 109. (a) Section 1001(17)(A) of the Water Re2 sources Development Act of 2007 (Public Law 110–114; 

3 121 Stat. 1052) is amended— 

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

5 ‘‘$152,510,000’’; 

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

7 ‘‘$92,007,000’’; and 

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

9 ‘‘$60,503,000’’. 

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

11 take effect as of November 8, 2007. 

12 SEC. 110. The authorization under the heading ‘‘Lit13 tle Calumet River Basin (Cady Marsh Ditch), Indiana’’, 

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

15 of 1986 (Public Law 99–662; 100 Stat. 4115), as modi16 fied by section 127 of Public Law 109–103 (119 Stat. 

17 2259), is further modified to authorize completion of the 

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

19 Federal cost of $202,800,000 and an estimated non-Fed20 eral cost of $67,188,000. 

21 SEC. 111. During fiscal year 2014, the limitation re22 lating to total project costs in section 902 of the Water 

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

24 shall not apply with respect to any project that receives 

25 funds made available by this title. 


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

2 or any other Act making appropriations for Energy and 

3 Water Development for any fiscal year may be used by 

4 the Corps of Engineers to develop, adopt, implement, ad5 minister, or enforce any change to the regulations in effect 

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

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

8 purposes of the Federal Water Pollution Control Act (33 

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

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

11 and thereafter, the Secretary of the Army shall not pro12 mulgate or enforce any regulation that prohibits an indi13 vidual from possessing a firearm, including an assembled 

14 or functional firearm, at a water resources development 

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

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

17 of this Act), if (1) the individual is not otherwise prohib18 ited by law from possessing the firearm; and (2) the pos19 session of the firearm is in compliance with the law of 

20 the State in which the water resources development 

21 project is located. 


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1 TITLE II—DEPARTMENT OF THE INTERIOR 

2 CENTRAL UTAH PROJECT

3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

4 For carrying out activities authorized by the Central 

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

6 available until expended, of which $1,000,000 shall be de7 posited into the Utah Reclamation Mitigation and Con8 servation Account for use by the Utah Reclamation Miti9 gation and Conservation Commission. In addition, for nec10 essary expenses incurred in carrying out related respon11 sibilities of the Secretary of the Interior, $1,300,000, to 

12 remain available until September 30, 2015. 

13 For fiscal year 2014, the Commission may use an 

14 amount not to exceed $1,500,000 for administrative ex15 penses. 

16 BUREAU OF RECLAMATION

17 The following appropriations shall be expended to 

18 execute authorized functions of the Bureau of Reclama19 tion: 

20 WATER AND RELATED RESOURCES

21 (INCLUDING TRANSFERS OF FUNDS)

22 For management, development, and restoration of 

23 water and related natural resources and for related activi24 ties, including the operation, maintenance, and rehabilita25 tion of reclamation and other facilities, participation in 


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1 fulfilling related Federal responsibilities to Native Ameri2 cans, and related grants to, and cooperative and other 

3 agreements with, State and local governments, federally 

4 recognized Indian tribes, and others, $812,744,000, to re5 main available until expended, of which $28,000 shall be 

6 available for transfer to the Upper Colorado River Basin 

7 Fund and $8,401,000 shall be available for transfer to the 

8 Lower Colorado River Basin Development Fund; of which 

9 such amounts as may be necessary may be advanced to 

10 the Colorado River Dam Fund: Provided, That such trans11 fers may be increased or decreased within the overall ap12 propriation under this heading: Provided further, That of 

13 the total appropriated, the amount for program activities 

14 that can be financed by the Reclamation Fund or the Bu15 reau of Reclamation special fee account established by 16 

16 U.S.C. 6806 shall be derived from that Fund or account: 

17 Provided further, That funds contributed under 43 U.S.C. 

18 395 are available until expended for the purposes for 

19 which the funds were contributed: Provided further, That 

20 funds advanced under 43 U.S.C. 397a shall be credited 

21 to this account and are available until expended for the 

22 same purposes as the sums appropriated under this head23 ing: Provided further, That of the amounts provided here24 in, funds may be used for high priority projects which 


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1 shall be carried out by the Youth Conservation Corps, as 

2 authorized by 16 U.S.C. 1706. 

3 CENTRAL VALLEY PROJECT RESTORATION FUND

4 For carrying out the programs, projects, plans, habi5 tat restoration, improvement, and acquisition provisions of 

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

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

8 Central Valley Project Restoration Fund pursuant to sec9 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

10 102–575, to remain available until expended: Provided, 

11 That the Bureau of Reclamation is directed to assess and 

12 collect the full amount of the additional mitigation and 

13 restoration payments authorized by section 3407(d) of 

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

15 funds made available under this heading may be used for 

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

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

18 by a court adopted decree or order. 

19 CALIFORNIA BAY-DELTA RESTORATION

20 (INCLUDING TRANSFERS OF FUNDS)

21 For carrying out activities authorized by the Water 

22 Supply, Reliability, and Environmental Improvement Act, 

23 consistent with plans to be approved by the Secretary of 

24 the Interior, $30,000,000, to remain available until ex25 pended, of which such amounts as may be necessary to 


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1 carry out such activities may be transferred to appropriate 

2 accounts of other participating Federal agencies to carry 

3 out authorized purposes: Provided, That funds appro4 priated herein may be used for the Federal share of the 

5 costs of CALFED Program management: Provided fur6 ther, That CALFED implementation shall be carried out 

7 in a balanced manner with clear performance measures 

8 demonstrating concurrent progress in achieving the goals 

9 and objectives of the Program. 

10 POLICY AND ADMINISTRATION

11 For necessary expenses of policy, administration, and 

12 related functions in the Office of the Commissioner, the 

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

14 of Reclamation, to remain available until September 30, 

15 2015, $60,000,000, to be derived from the Reclamation 

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

17 377: Provided, That no part of any other appropriation 

18 in this Act shall be available for activities or functions 

19 budgeted as policy and administration expenses. 

20 ADMINISTRATIVE PROVISION

21 Appropriations for the Bureau of Reclamation shall 

22 be available for purchase of not to exceed five passenger 

23 motor vehicles, which are for replacement only. 


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1 GENERAL PROVISIONS, DEPARTMENT OF THE 

2 INTERIOR 

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

4 shall be available for obligation or expenditure through a 

5 reprogramming of funds that— 

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

7 or activity; 

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

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

10 activity for which funds have been denied or re11 stricted by this Act; 

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

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

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

17 (5) transfers funds in excess of the following 

18 limits: 

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

20 activity for which $2,000,000 or more is avail21 able at the beginning of the fiscal year; or 

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

23 activity for which less than $2,000,000 is avail24 able at the beginning of the fiscal year; 


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

2 the Facilities Operation, Maintenance, and Rehabili3 tation category or the Resources Management and 

4 Development category to any program, project, or 

5 activity in the other category; or 

6 (7) transfers, when necessary to discharge legal 

7 obligations of the Bureau of Reclamation, more than 

8 $5,000,000 to provide adequate funds for settled 

9 contractor claims, increased contractor earnings due 

10 to accelerated rates of operations, and real estate de11 ficiency judgments. 

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

13 of funds within the Facilities Operation, Maintenance, and 

14 Rehabilitation category. 

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

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

17 project, or activity. 

18 (d) The Bureau of Reclamation shall submit reports 

19 on a quarterly basis to the Committees on Appropriations 

20 of the House of Representatives and the Senate detailing 

21 all the funds reprogrammed between programs, projects, 

22 activities, or categories of funding. The first quarterly re23 port shall be submitted not later than 60 days after the 

24 date of enactment of this Act. 


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1 SEC. 202. (a) None of the funds appropriated or oth2 erwise made available by this Act may be used to deter3 mine the final point of discharge for the interceptor drain 

4 for the San Luis Unit until development by the Secretary 

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

6 shall conform to the water quality standards of the State 

7 of California as approved by the Administrator of the En8 vironmental Protection Agency, to minimize any detri9 mental effect of the San Luis drainage waters. 

10 (b) The costs of the Kesterson Reservoir Cleanup 

11 Program and the costs of the San Joaquin Valley Drain12 age Program shall be classified by the Secretary of the 

13 Interior as reimbursable or nonreimbursable and collected 

14 until fully repaid pursuant to the ‘‘Cleanup Program-Al15 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

16 Repayment Plan’’ described in the report entitled ‘‘Repay17 ment Report, Kesterson Reservoir Cleanup Program and 

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

19 prepared by the Department of the Interior, Bureau of 

20 Reclamation. Any future obligations of funds by the 

21 United States relating to, or providing for, drainage serv22 ice or drainage studies for the San Luis Unit shall be fully 

23 reimbursable by San Luis Unit beneficiaries of such serv24 ice or studies pursuant to Federal reclamation law. 


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1 SEC. 203. Notwithstanding any other provision of 

2 law, until the pipeline reliability study required in the Con3 solidated Appropriations Act, 2012, is completed, and any 

4 necessary changes are made to Technical Memorandum 

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

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

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

8 in part, on the corrosion control used, if the corrosion con9 trol meets the requirements of a published national or 

10 international standard promulgated by the American 

11 Water Works Association (‘‘AWWA’’), ASTM Inter12 national, the American National Standards Institute 

13 (‘‘ANSI’’), NACE International (‘‘NACE’’) or the Amer14 ican Society for Testing and Materials (‘‘ASTM’’). The 

15 Bureau shall allow any project initiated during the study 

16 to use any corrosion control meeting the above standards. 

17 TITLE III—DEPARTMENT OF ENERGY 

18 ENERGY PROGRAMS 

19 RENEWABLE ENERGY, ENERGY RELIABILITY, AND

20 EFFICIENCY

21 For Department of Energy expenses including the 

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

24 efficiency and renewable energy activities, and electricity 

25 delivery and energy reliability activities, in carrying out 


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1 the purposes of the Department of Energy Organization 

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

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 $982,637,000, to remain available until expended: Pro6 vided, That of the amount provided under this heading, 

7 $76,926,000 shall be available until September 30, 2015, 

8 for program direction. 

9 NUCLEAR ENERGY

10 (INCLUDING TRANSFER OF FUNDS)

11 For Department of Energy expenses including the 

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

14 energy activities in carrying out the purposes of the De15 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

17 real property or any facility or for plant or facility acquisi18 tion, construction, or expansion, and the purchase of not 

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

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

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

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

23 to support the high-level waste geological repository at 

24 Yucca Mountain: Provided, That of the amount provided 

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


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1 September 30, 2015, for program direction: Provided fur2 ther, That of the amount provided under this heading, 

3 $5,000,000 shall be made available to affected units of 

4 local government, as defined in section 2(31) of the Nu5 clear Waste Policy Act of 1982 (42 U.S.C. 10101(31)), 

6 to support the Yucca Mountain high-level waste geological 

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

8 That funds derived from the Nuclear Waste Fund may 

9 be transferred to ‘‘Independent Agencies—Nuclear Regu10 latory Commission—Salaries and Expenses’’ to support 

11 the Yucca Mountain high-level waste geological repository 

12 license application. 

13 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

14 For necessary expenses in carrying out fossil energy 

15 research and development activities, under the authority 

16 of the Department of Energy Organization Act (Public 

17 Law 95–91), including the acquisition of interest, includ18 ing defeasible and equitable interests in any real property 

19 or any facility or for plant or facility acquisition or expan20 sion, and for conducting inquiries, technological investiga21 tions and research concerning the extraction, processing, 

22 use, and disposal of mineral substances without objection23 able social and environmental costs (30 U.S.C. 3, 1602, 

24 and 1603), $450,000,000, to remain available until ex25 pended: Provided, That $115,753,000 shall be available 


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

2 further, That for all programs funded under Fossil Energy 

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

4 may vest fee title or other property interests acquired 

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

6 NAVAL PETROLEUM AND OIL SHALE RESERVES

7 For expenses necessary to carry out naval petroleum 

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

9 available until expended: Provided, That, notwithstanding 

10 any other provision of law, unobligated funds remaining 

11 from prior years shall be available for all naval petroleum 

12 and oil shale reserve activities. 

13 STRATEGIC PETROLEUM RESERVE

14 For necessary expenses for Strategic Petroleum Re15 serve facility development and operations and program 

16 management activities pursuant to the Energy Policy and 

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

18 to remain available until expended. 

19 NORTHEAST HOME HEATING OIL RESERVE

20 For necessary expenses for Northeast Home Heating 

21 Oil Reserve storage, operation, and management activities 

22 pursuant to the Energy Policy and Conservation Act (42 

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

24 expended. 


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1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities 

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

4 to remain available until expended. 

5 NON-DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses necessary for non-de9 fense environmental cleanup activities in carrying out the 

10 purposes of the Department of Energy Organization Act 

11 (42 U.S.C. 7101 et seq.), including the acquisition or con12 demnation of any real property or any facility or for plant 

13 or facility acquisition, construction, or expansion, 

14 $194,000,000, to remain available until expended. 

15 URANIUM ENRICHMENT DECONTAMINATION AND

16 DECOMMISSIONING FUND

17 For necessary expenses in carrying out uranium en18 richment facility decontamination and decommissioning, 

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

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

21 the Energy Policy Act of 1992, $545,000,000, to be de22 rived from the Uranium Enrichment Decontamination and 

23 Decommissioning Fund, to remain available until ex24 pended. 


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1 SCIENCE

2 For Department of Energy expenses including the 

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

5 activities in carrying out the purposes of the Department 

6 of Energy Organization Act (42 U.S.C. 7101 et seq.), in7 cluding the acquisition or condemnation of any real prop8 erty or facility or for plant or facility acquisition, construc9 tion, or expansion, and purchase of not more than 25 pas10 senger motor vehicles for replacement only, including one 

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

12 $4,653,000,000, to remain available until expended: Pro13 vided, That $174,862,000 shall be available until Sep14 tember 30, 2015, for program direction. 

15 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

16 For necessary expenses in carrying out the activities 

17 authorized by section 5012 of the America COMPETES 

18 Act (42 U.S.C. 16538), $50,000,000, to remain available 

19 until expended. 

20 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

21 PROGRAM

22 Such sums as are derived from amounts received 

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

24 Energy Policy Act of 2005 under this heading in prior 

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


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

2 for necessary administrative expenses to carry out this 

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

4 remain available until September 30, 2015: Provided fur5 ther, That $22,000,000 of the fees collected pursuant to 

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

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

8 to this account to cover administrative expenses and shall 

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

10 fiscal year 2014 appropriation from the general fund esti11 mated at not more than $0: Provided further, That fees 

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

13 appropriated for administrative expenses shall not be 

14 available until appropriated: Provided further, That the 

15 Department of Energy shall not subordinate any loan obli16 gation to other financing in violation of section 1702 of 

17 the Energy Policy Act of 2005 (42 U.S.C. 16512) or sub18 ordinate any Guaranteed Obligation to any loan or other 

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

20 Code of Federal Regulations. 

21 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

22 LOAN PROGRAM

23 For administrative expenses in carrying out the Ad24 vanced Technology Vehicles Manufacturing Loan ProVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 gram, $6,000,000, to remain available until September 30, 

2 2015. 

3 DEPARTMENTAL ADMINISTRATION

4 For salaries and expenses of the Department of En5 ergy necessary for departmental administration in car6 rying out the purposes of the Department of Energy Orga7 nization Act (42 U.S.C. 7101 et seq.), including the hire 

8 of passenger motor vehicles and official reception and rep9 resentation expenses not to exceed $30,000, 

10 $187,863,000, to remain available until September 30, 

11 2015, plus such additional amounts as necessary to cover 

12 increases in the estimated amount of cost of work for oth13 ers notwithstanding the provisions of the Anti-Deficiency 

14 Act (31 U.S.C. 1511 et seq.): Provided, That such in15 creases in cost of work are offset by revenue increases of 

16 the same or greater amount: Provided further, That mon17 eys received by the Department for miscellaneous revenues 

18 estimated to total $108,188,000 in fiscal year 2014 may 

19 be retained and used for operating expenses within this 

20 account, as authorized by section 201 of Public Law 95– 

21 238, notwithstanding the provisions of 31 U.S.C. 3302: 

22 Provided further, That the sum herein appropriated shall 

23 be reduced as collections are received during the fiscal 

24 year so as to result in a final fiscal year 2014 appropriaVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 tion from the general fund estimated at not more than 

2 $79,675,000. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector 

5 General in carrying out the provisions of the Inspector 

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

7 until September 30, 2015. 

8 ATOMIC ENERGY DEFENSE ACTIVITIES 

9 NATIONAL NUCLEAR SECURITY 

10 ADMINISTRATION 

11 WEAPONS ACTIVITIES

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other incidental expenses necessary for 

15 atomic energy defense weapons activities in carrying out 

16 the purposes of the Department of Energy Organization 

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

18 condemnation of any real property or any facility or for 

19 plant or facility acquisition, construction, or expansion, 

20 and the purchase of not to exceed one ambulance, 

21 $7,675,000,000, to remain available until expended. 

22 DEFENSE NUCLEAR NONPROLIFERATION

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other incidental expenses necessary for 


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1 defense nuclear nonproliferation activities, in carrying out 

2 the purposes of the Department of Energy Organization 

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

4 condemnation of any real property or any facility or for 

5 plant or facility acquisition, construction, or expansion, 

6 $2,100,000,000, to remain available until expended: Pro7 vided, That the Secretary of Energy may make available 

8 from funds provided under this heading in this Act not 

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

10 domestic uranium enrichment research, development, and 

11 demonstration activities. 

12 NAVAL REACTORS

13 For Department of Energy expenses necessary for 

14 naval reactors activities to carry out the Department of 

15 Energy Organization Act (42 U.S.C. 7101 et seq.), includ16 ing the acquisition (by purchase, condemnation, construc17 tion, or otherwise) of real property, plant, and capital 

18 equipment, facilities, and facility expansion, 

19 $1,109,000,000, to remain available until expended: Pro20 vided, That $43,212,000 shall be available until Sep21 tember 30, 2015, for program direction. 

22 OFFICE OF THE ADMINISTRATOR

23 For necessary expenses of the Office of the Adminis24 trator in the National Nuclear Security Administration, 

25 including official reception and representation expenses 


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1 not to exceed $12,000, $382,000,000, to remain available 

2 until September 30, 2015. 

3 ENVIRONMENTAL AND OTHER DEFENSE 

4 ACTIVITIES 

5 DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

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

9 energy defense environmental cleanup activities in car10 rying out the purposes of the Department of Energy Orga11 nization Act (42 U.S.C. 7101 et seq.), including the acqui12 sition or condemnation of any real property or any facility 

13 or for plant or facility acquisition, construction, or expan14 sion, and the purchase of not to exceed one sport utility 

15 vehicle, three lube trucks, and one fire truck for replace16 ment only, $4,750,000,000, to remain available until ex17 pended: Provided, That $280,784,000 shall be available 

18 until September 30, 2015, for program direction. 

19 OTHER DEFENSE ACTIVITIES

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses, necessary for atomic 

23 energy defense, other defense activities, and classified ac24 tivities, in carrying out the purposes of the Department 

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), inVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 cluding the acquisition or condemnation of any real prop2 erty or any facility or for plant or facility acquisition, con3 struction, or expansion, $830,000,000, to remain available 

4 until expended: Provided, That of such amount, 

5 $122,734,000 shall be available until September 30, 2015 

6 for program direction. 

7 POWER MARKETING ADMINISTRATION 

8 BONNEVILLE POWER ADMINISTRATION FUND

9 Expenditures from the Bonneville Power Administra10 tion Fund, established pursuant to Public Law 93–454, 

11 are approved for construction of, or participating in the 

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

13 voltage system to the service areas of requirements cus14 tomers located within Bonneville’s service area in southern 

15 Idaho, southern Montana, and western Wyoming; and 

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

17 Northwest with lines between the Pacific Northwest and 

18 the Pacific Southwest, and for John Day Reprogramming 

19 and Construction, the Columbia River Basin White Stur20 geon Hatchery, and Kelt Reconditioning and Reproductive 

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

22 reception and representation expenses in an amount not 

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

24 no new direct loan obligations may be made. 


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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, including transmission wheeling and 

6 ancillary services, pursuant to section 5 of the Flood Con7 trol Act of 1944 (16 U.S.C. 825s), as applied to the south8 eastern power area, and including official reception and 

9 representation expenses in an amount not to exceed 

10 $1,500, $7,750,000, to remain available until expended: 

11 Provided, That notwithstanding 31 U.S.C. 3302 and sec12 tion 5 of the Flood Control Act of 1944, up to $7,750,000 

13 collected by the Southeastern Power Administration from 

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

15 this account as discretionary offsetting collections, to re16 main available until expended for the sole purpose of fund17 ing the annual expenses of the Southeastern Power Ad18 ministration: 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 $0: Provided further, That, notwithstanding 31 U.S.C. 

23 3302, up to $78,081,000 collected by the Southeastern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 


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•HR 2609 RH

1 shall be credited to this account as offsetting collections, 

2 to remain available until expended for the sole purpose 

3 of making purchase power and wheeling expenditures: 

4 Provided further, That for purposes of this appropriation, 

5 annual expenses means expenditures that are generally re6 covered in the same year that they are incurred (excluding 

7 purchase power and wheeling expenses). 

8 OPERATION AND MAINTENANCE, SOUTHWESTERN

9 POWER ADMINISTRATION

10 For necessary expenses of operation and maintenance 

11 of power transmission facilities and of marketing electric 

12 power and energy, for construction and acquisition of 

13 transmission lines, substations and appurtenant facilities, 

14 and for administrative expenses, including official recep15 tion and representation expenses in an amount not to ex16 ceed $1,500 in carrying out section 5 of the Flood Control 

17 Act of 1944 (16 U.S.C. 825s), as applied to the South18 western Power Administration, $45,456,000, to remain 

19 available until expended: Provided, That notwithstanding 

20 31 U.S.C. 3302 and section 5 of the Flood Control Act 

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

22 by the Southwestern Power Administration from the sale 

23 of power and related services shall be credited to this ac24 count as discretionary offsetting collections, to remain 

25 available until expended, for the sole purpose of funding 


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•HR 2609 RH

1 the annual expenses of the Southwestern Power Adminis2 tration: Provided further, That the sum herein appro3 priated for annual expenses shall be reduced as collections 

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

5 fiscal year 2014 appropriation estimated at not more than 

6 $11,892,000: Provided further, That, notwithstanding 31 

7 U.S.C. 3302, up to $42,000,000 collected by the South8 western Power Administration pursuant to the Flood Con9 trol Act of 1944 to recover purchase power and wheeling 

10 expenses shall be credited to this account as offsetting col11 lections, to remain available until expended for the sole 

12 purpose of making purchase power and wheeling expendi13 tures: Provided further, That, for purposes of this appro14 priation, annual expenses means expenditures that are 

15 generally recovered in the same year that they are in16 curred (excluding purchase power and wheeling expenses). 

17 CONSTRUCTION, REHABILITATION, OPERATION AND

18 MAINTENANCE, WESTERN AREA POWER ADMINIS19 TRATION

20 For carrying out the functions authorized by title III, 

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

22 U.S.C. 7152), and other related activities including con23 servation and renewable resources programs as author24 ized, including official reception and representation ex25 penses in an amount not to exceed $1,500; $299,919,000, 


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•HR 2609 RH

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

2 shall be derived from the Department of the Interior Rec3 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

4 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

7 $203,989,000 collected by the Western Area Power Ad8 ministration from the sale of power and related services 

9 shall be credited to this account as discretionary offsetting 

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

11 purpose of funding the annual expenses of the Western 

12 Area Power Administration: Provided further, That the 

13 sum herein appropriated for annual expenses shall be re14 duced as collections are received during the fiscal year so 

15 as to result in a final fiscal year 2014 appropriation esti16 mated at not more than $95,930,000, of which 

17 $88,030,000 is derived from the Reclamation Fund: Pro18 vided further, That notwithstanding 31 U.S.C. 3302, up 

19 to $230,738,000 collected by the Western Area Power Ad20 ministration pursuant to the Flood Control Act of 1944 

21 and the Reclamation Project Act of 1939 to recover pur22 chase power and wheeling expenses shall be credited to 

23 this account as offsetting collections, to remain available 

24 until expended for the sole purpose of making purchase 

25 power and wheeling expenditures: Provided further, That 


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1 for purposes of this appropriation, annual expenses means 

2 expenditures that are generally recovered in the same year 

3 that they are incurred (excluding purchase power and 

4 wheeling expenses). 

5 FALCON AND AMISTAD OPERATING AND MAINTENANCE

6 FUND

7 For operation, maintenance, and emergency costs for 

8 the hydroelectric facilities at the Falcon and Amistad 

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

10 and to be derived from the Falcon and Amistad Operating 

11 and Maintenance Fund of the Western Area Power Ad12 ministration, as provided in section 2 of the Act of June 

13 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

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

15 $4,910,671 collected by the Western Area Power Adminis16 tration from the sale of power and related services from 

17 the Falcon and Amistad Dams shall be credited to this 

18 account as discretionary offsetting collections, to remain 

19 available until expended for the sole purpose of funding 

20 the annual expenses of the hydroelectric facilities of these 

21 Dams and associated Western Area Power Administration 

22 activities: Provided further, That the sum herein appro23 priated for annual expenses shall be reduced as collections 

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

25 fiscal year 2014 appropriation estimated at not more than 


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1 $420,000: Provided further, That for purposes of this ap2 propriation, annual expenses means expenditures that are 

3 generally recovered in the same year that they are in4 curred: Provided further, That for fiscal year 2014, the 

5 Administrator of the Western Area Power Administration 

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

7 States power customers of the Falcon and Amistad Dams 

8 for deposit into the Falcon and Amistad Operating and 

9 Maintenance Fund, and such funds shall be available for 

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

11 sums had been specifically appropriated for such purpose: 

12 Provided further, That any such funds shall be available 

13 without further appropriation and without fiscal year limi14 tation for use by the Commissioner of the United States 

15 Section of the International Boundary and Water Com16 mission for the sole purpose of operating, maintaining, re17 pairing, rehabilitating, replacing, or upgrading the hydro18 electric facilities at these Dams in accordance with agree19 ments reached between the Administrator, Commissioner, 

20 and the power customers. 

21 FEDERAL ENERGY REGULATORY COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Energy Regu24 latory Commission to carry out the provisions of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et 


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

2 the hire of passenger motor vehicles, and official reception 

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

4 $304,600,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 not to exceed $304,600,000 of revenues from fees and an7 nual charges, and other services and collections in fiscal 

8 year 2014 shall be retained and used for necessary ex9 penses in this account, and shall remain available until 

10 expended: Provided further, That the sum herein appro11 priated from the general fund shall be reduced as revenues 

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

13 final fiscal year 2014 appropriation from the general fund 

14 estimated at not more than $0. 

15 GENERAL PROVISIONS, DEPARTMENT OF 

16 ENERGY 

17 (INCLUDING TRANSFER OF FUNDS)

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

19 made available by this title for the Department of Energy 

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

21 or activity or to prepare or initiate Requests For Proposals 

22 or similar arrangements (including Requests for 

23 Quotations, Requests for Information, and Funding Op24 portunity Announcements) for a program, project, or acVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 tivity if the program, project, or activity has not been 

2 funded by Congress. 

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

4 Committees on Appropriations of the House of Represent5 atives and the Senate at least 3 full business days in ad6 vance, none of the funds made available in this title may 

7 be used to— 

8 (A) make a grant allocation or discretionary 

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

10 (B) make a discretionary contract award or 

11 Other Transaction Agreement totaling in excess of 

12 $1,000,000, including a contract covered by the 

13 Federal Acquisition Regulation; 

14 (C) issue a letter of intent to make an alloca15 tion, award, or Agreement in excess of the limits in 

16 subparagraph (A) or (B); or 

17 (D) announce publicly the intention to make an 

18 allocation, award, or Agreement in excess of the lim19 its in subparagraph (A) or (B). 

20 (2) The Secretary of Energy shall submit to the Com21 mittees on Appropriations of the House of Representatives 

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

23 a report detailing each grant allocation or discretionary 

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

25 the previous quarter. 


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

2 the report required by paragraph (2) shall include the re3 cipient of the award, the amount of the award, the fiscal 

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

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

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

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

8 made. 

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

10 to any program, project, or activity that uses budget au11 thority made available in this title under the heading ‘‘De12 partment of Energy—Energy Programs’’, enter into a 

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

14 a multiyear cooperative agreement unless— 

15 (1) the contract, grant, or cooperative agree16 ment is funded for the full period of performance as 

17 anticipated at the time of award; or 

18 (2) the contract, grant, or cooperative agree19 ment includes a clause conditioning the Federal Gov20 ernment’s obligation on the availability of future 

21 year budget authority and the Secretary notifies the 

22 Committees on Appropriations of the House of Rep23 resentatives and the Senate at least 3 days in ad24 vance. 


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

2 the amounts made available by this title shall be expended 

3 as authorized by law for the programs, projects, and ac4 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

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

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

7 Committee on Appropriations accompanying this Act. 

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

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

10 the Department shall notify the Committees on Appropria11 tions of the House of Representatives and the Senate at 

12 least 30 days prior to the use of any proposed reprogram13 ming which would cause any program, project, or activity 

14 funding level to increase or decrease by more than 

15 $5,000,000 or 10 percent, whichever is less, during the 

16 time period covered by this Act. 

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

18 available for obligation or expenditure through a re19 programming of funds that— 

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

21 project, or activity; 

22 (2) increases funds or personnel for any pro23 gram, project, or activity for which funds are denied 

24 or restricted by this Act; or 


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

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

3 Act. 

4 (g)(1) The Secretary of Energy may waive any re5 quirement or restriction in this section that applies to the 

6 use of funds made available for the Department of Energy 

7 if compliance with such requirement or restriction would 

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

9 welfare, or national security. 

10 (2) The Secretary of Energy shall notify the Commit11 tees on Appropriations of the House of Representatives 

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

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

14 of the activity to which a requirement or restriction would 

15 otherwise have applied. Such notice shall include an expla16 nation of the substantial risk under paragraph (1) that 

17 permitted such waiver. 

18 SEC. 302. The unexpended balances of prior appro19 priations provided for activities in this Act may be avail20 able to the same appropriation accounts for such activities 

21 established pursuant to this title. Available balances may 

22 be merged with funds in the applicable established ac23 counts and thereafter may be accounted for as one fund 

24 for the same time period as originally enacted. 


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

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

3 Act, for intelligence activities are deemed to be specifically 

4 authorized by the Congress for purposes of section 504 

5 of the National Security Act of 1947 (50 U.S.C. 414) dur6 ing fiscal year 2014 until the enactment of the Intelligence 

7 Authorization Act for fiscal year 2014. 

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

9 title shall be used for the construction of facilities classi10 fied as high-hazard nuclear facilities under 10 CFR Part 

11 830 unless independent oversight is conducted by the Of12 fice of Health, Safety, and Security to ensure the project 

13 is in compliance with nuclear safety requirements. 

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

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

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

17 any successive departmental guidance, for construction 

18 projects where the total project cost exceeds 

19 $100,000,000, until a separate independent cost estimate 

20 has been developed for the project for that critical deci21 sion. 

22 SEC. 306. Section 20320 of the Continuing Appro23 priations Resolution, 2007, Public Law 109–289, division 

24 B, as amended by the Revised Continuing Appropriations 

25 Resolution, 2007, Public Law 110-5, is amended by strikVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’ 

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

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

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

5 year hereafter may be used to pay the salaries of Depart6 ment of Energy employees to carry out the amendments 

7 made by section 407 of division A of the American Recov8 ery and Reinvestment Act of 2009. 

9 SEC. 308. Notwithstanding section 307 of Public Law 

10 111–85, of the funds made available by the Department 

11 of Energy for activities at Government-owned, contractor12 operated laboratories funded in this or any subsequent 

13 Energy and Water Development appropriation Act for any 

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

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

16 such laboratories for laboratory directed research and de17 velopment. 

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

19 none of the funds made available under the heading ‘‘De20 partment of Energy—Energy Programs—Science’’ may 

21 be used for a multiyear contract, grant, cooperative agree22 ment, or Other Transaction Agreement of $1,500,000 or 

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

24 Other Transaction Agreement is funded for the full period 

25 of performance as anticipated at the time of award. 


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1 SEC. 310. Not later than June 30, 2014, the Sec2 retary shall submit to the Committees on Appropriations 

3 of the House of Representatives and the Senate a tritium 

4 and enriched uranium management plan that provides— 

5 (a) an assessment of the national security demand 

6 for tritium and low and highly enriched uranium through 

7 2060; 

8 (b) a description of the Department of Energy’s plan 

9 to provide adequate amounts of tritium and enriched ura10 nium for national security purposes through 2060; and 

11 (c) an analysis of planned and alternative tech12 nologies which are available to meet the supply needs for 

13 tritium and enriched uranium for national security pur14 poses, including weapons dismantlement and down-blend15 ing. 

16 SEC. 311. (a) The Secretary of Energy shall submit 

17 to the Committees on Appropriations of the House of Rep18 resentatives and the Senate not later than December 1, 

19 2013, a report which provides an analysis of alternatives 

20 for each major warhead refurbishment program that 

21 reaches Phase 6.3, including— 

22 (1) A summary of the overall cost, scope, and 

23 schedule planning assumptions for the major refur24 bishment activity; 


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1 (2) A full description of alternatives considered 

2 prior to the award of Phase 6.3; 

3 (3) A comparison of the costs and benefits of 

4 each of those alternatives, to include an analysis of 

5 trade-offs among cost, schedule, and performance 

6 objectives against each alternative considered; 

7 (4) An assessment of the risks, costs, and 

8 scheduling needs for each military requirement es9 tablished by the Department of Defense and/or any 

10 requirement established to enhance safety, security, 

11 or maintainability; 

12 (5) Identification of the cost and risk of critical 

13 technology elements associated with each refurbish14 ment alternative, including technology maturity, in15 tegration risk, manufacturing feasibility, and dem16 onstration needs; and 

17 (6) Identification of the cost and risk of capital 

18 asset and infrastructure capabilities required to sup19 port production and certification of each refurbish20 ment alternative. 

21 (b) The Secretary of Energy or the Secretary’s des22 ignee shall certify to the Committees on Appropriations 

23 of the House of Representatives and the Senate that— 

24 (1) No less than three feasible and distinct al25 ternatives are considered prior to the award of mileVerDate Mar 15 2010 20:04 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2609.RH H2609

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1 stone Phase 6.3 for any major warhead refurbish2 ment program; and 

3 (2) Appropriate trade-offs among cost, sched4 ule, and performance objectives have been made to 

5 ensure that the program is affordable when consid6 ering the per unit cost and the total acquisition cost 

7 in the context of the total resources available during 

8 the period covered by the most recent stockpile stew9 ardship and management plan and the future-years 

10 nuclear security plan submitted during the fiscal 

11 year in which the certification is made. 

12 (c) In this section, the term ‘‘major warhead refur13 bishment program’’ includes all nuclear weapons life ex14 tension programs, alterations, and modifications carried 

15 out for the life cycle management of the nuclear weapons 

16 stockpile, and all non-routine nuclear weapons stockpile 

17 activities that are estimated to cost over $1,000,000,000. 

18 TITLE IV—INDEPENDENT AGENCIES 

19 APPALACHIAN REGIONAL COMMISSION

20 For expenses necessary to carry out the programs au21 thorized by the Appalachian Regional Development Act of 

22 1965, notwithstanding 40 U.S.C. 14704, and for nec23 essary expenses for the Federal Co-Chairman and the Al24 ternate on the Appalachian Regional Commission, for pay25 ment of the Federal share of the administrative expenses 


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1 of the Commission, including services as authorized by 5 

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

3 $70,317,000, to remain available until expended. 

4 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

5 SALARIES AND EXPENSES

6 For necessary expenses of the Defense Nuclear Fa7 cilities Safety Board in carrying out activities authorized 

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

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

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

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

12 made available to procure Inspector General services from 

13 the Inspector General of the Nuclear Regulatory Commis14 sion. 

15 DELTA REGIONAL AUTHORITY

16 SALARIES AND EXPENSES

17 For necessary expenses of the Delta Regional Author18 ity and to carry out its activities, as authorized by the 

19 Delta Regional Authority Act of 2000, notwithstanding 

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

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

22 DENALI COMMISSION

23 For expenses of the Denali Commission including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment as necessary and other expenses, 


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1 $7,396,000, to remain available until expended, notwith2 standing the limitations contained in section 306(g) of the 

3 Denali Commission Act of 1998: Provided, That funds 

4 shall be available for construction projects in an amount 

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

6 communities, as defined by section 307 of the Denali Com7 mission Act of 1998 (division C, title III, Public Law 105– 

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

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

10 amount not to exceed 50 percent for non-distressed com11 munities. 

12 NORTHERN BORDER REGIONAL COMMISSION

13 For necessary expenses of the Northern Border Re14 gional Commission in carrying out activities authorized by 

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

16 remain available until expended: Provided, That such 

17 amounts shall be available for administrative expenses, 

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

19 States Code. 

20 SOUTHEAST CRESCENT REGIONAL COMMISSION

21 For necessary expenses of the Southeast Crescent Re22 gional Commission in carrying out activities authorized by 

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

24 remain available until expended. 


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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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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 

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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 This Act may be cited as the ‘‘Energy and Water De14 velopment and Related Agencies Appropriations Act, 

15 2014’’. 


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Union Calendar No. 97 

113TH CONGRESS 

1ST SESSION H. R. 2609 

[Report No. 113–135] 

A BILL 

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

JULY 2, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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