IB 

Union Calendar No. 361 

116TH CONGRESS 

2D SESSION H. R. 7613 

[Report No. 116–449] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2021, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2020 

Ms. KAPTUR, 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, 2021, 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 the 

5 fiscal year ending September 30, 2021, and for other pur6 poses, namely: 

7 TITLE I 

8 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, $151,000,000, to remain 

5 available until expended: Provided, That the Secretary 

6 shall initiate seven new study starts during fiscal year 

7 2021: Provided further, That the Secretary shall not devi8 ate from the new starts proposed in the work plan, once 

9 the plan has been submitted to the Committees on Appro10 priations of both Houses of Congress. 

11 CONSTRUCTION

12 For expenses necessary for the construction of river 

13 and harbor, flood and storm damage reduction, shore pro14 tection, aquatic ecosystem restoration, and related 

15 projects authorized by law; for conducting detailed studies, 

16 and plans and specifications, of such projects (including 

17 those involving participation by States, local governments, 

18 or private groups) authorized or made eligible for selection 

19 by law (but such detailed studies, and plans and specifica20 tions, shall not constitute a commitment of the Govern21 ment to construction); $2,619,855,000, to remain avail22 able until expended; of which such sums as are necessary 

23 to cover the Federal share of construction costs for facili24 ties under the Dredged Material Disposal Facilities pro25 gram shall be derived from the Harbor Maintenance Trust 


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

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

3 of construction, replacement, rehabilitation, and expansion 

4 of inland waterways projects shall be derived from the In5 land Waterways Trust Fund, except as otherwise specifi6 cally provided for in law. 

7 MISSISSIPPI RIVER AND TRIBUTARIES

8 For expenses necessary for flood damage reduction 

9 projects and related efforts in the Mississippi River allu10 vial valley below Cape Girardeau, Missouri, as authorized 

11 by law, $365,000,000, to remain available until expended, 

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

13 share of eligible operation and maintenance costs for in14 land harbors shall be derived from the Harbor Mainte15 nance Trust Fund. 

16 OPERATION AND MAINTENANCE

17 For expenses necessary for the operation, mainte18 nance, and care of existing river and harbor, flood and 

19 storm damage reduction, aquatic ecosystem restoration, 

20 and related projects authorized by law; providing security 

21 for infrastructure owned or operated by the Corps, includ22 ing administrative buildings and laboratories; maintaining 

23 harbor channels provided by a State, municipality, or 

24 other public agency that serve essential navigation needs 

25 of general commerce, where authorized by law; surveying 


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1 and charting northern and northwestern lakes and con2 necting waters; clearing and straightening channels; and 

3 removing obstructions to navigation, $3,838,000,000, to 

4 remain available until expended, of which such sums as 

5 are necessary to cover the Federal share of eligible oper6 ation and maintenance costs for coastal harbors and chan7 nels, and for inland harbors shall be derived from the Har8 bor Maintenance Trust Fund; of which such sums as be9 come available from the special account for the Corps of 

10 Engineers established by the Land and Water Conserva11 tion Fund Act of 1965 shall be derived from that account 

12 for resource protection, research, interpretation, and 

13 maintenance activities related to resource protection in the 

14 areas at which outdoor recreation is available; and of 

15 which such sums as become available from fees collected 

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

17 to cover the cost of operation and maintenance of the 

18 dredged material disposal facilities for which such fees 

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

20 amount of funds provided for each of the programs, 

21 projects, or activities funded under this heading shall not 

22 be allocated to a field operating activity prior to the begin23 ning of the fourth quarter of the fiscal year and shall be 

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

25 emergency activities as the Chief of Engineers determines 


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1 to be necessary and appropriate, and that the Chief of En2 gineers shall allocate during the fourth quarter any re3 maining funds which have not been used for emergency 

4 activities proportionally in accordance with the amounts 

5 provided for the programs, projects, or activities. 

6 REGULATORY PROGRAM

7 For expenses necessary for administration of laws 

8 pertaining to regulation of navigable waters and wetlands, 

9 $205,000,000, to remain available until September 30, 

10 2022. 

11 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

12 For expenses necessary to clean up contamination 

13 from sites in the United States resulting from work per14 formed as part of the Nation’s early atomic energy pro15 gram, $210,000,000, to remain available until expended. 

16 FLOOD CONTROL AND COASTAL EMERGENCIES

17 For expenses necessary to prepare for flood, hurri18 cane, and other natural disasters and support emergency 

19 operations, repairs, and other activities in response to 

20 such disasters as authorized by law, $35,000,000, to re21 main available until expended. 

22 EXPENSES

23 For expenses necessary for the supervision and gen24 eral administration of the civil works program in the head25 quarters of the Corps of Engineers and the offices of the 


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1 Division Engineers; and for costs of management and op2 eration of the Humphreys Engineer Center Support Activ3 ity, the Institute for Water Resources, the United States 

4 Army Engineer Research and Development Center, and 

5 the United States Army Corps of Engineers Finance Cen6 ter allocable to the civil works program, $200,000,000, to 

7 remain available until September 30, 2022, of which not 

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

9 representation purposes and only during the current fiscal 

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

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

12 works activities of the Office of the Chief of Engineers 

13 or the civil works executive direction and management ac14 tivities of the division offices: Provided further, That any 

15 Flood Control and Coastal Emergencies appropriation 

16 may be used to fund the supervision and general adminis17 tration of emergency operations, repairs, and other activi18 ties in response to any flood, hurricane, or other natural 

19 disaster. 

20 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

21 FOR CIVIL WORKS

22 For the Office of the Assistant Secretary of the Army 

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

24 $5,000,000, to remain available until September 30, 2022: 

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


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1 may be obligated or expended until the Assistant Sec2 retary submits to the Committees on Appropriations of 

3 both Houses of Congress a work plan that allocates at 

4 least 95 percent of the additional funding provided under 

5 each heading in this title, as designated under such head6 ing in the report of the Committee on Appropriations ac7 companying this Act, to specific programs, projects, or ac8 tivities. 

9 GENERAL PROVISIONS—CORPS OF 

10 ENGINEERS—CIVIL 

11 (INCLUDING TRANSFER OF FUNDS)

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

13 shall be available for obligation or expenditure through a 

14 reprogramming of funds that— 

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

16 or activity; 

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

18 (3) increases funds or personnel for any pro19 gram, project, or activity for which funds have been 

20 denied or restricted by this Act; 

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

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

23 Act; 


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

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

3 whichever is less; or 

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

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

6 whichever is less. 

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

8 or activity authorized under section 205 of the Flood Con9 trol Act of 1948, section 14 of the Flood Control Act of 

10 1946, section 208 of the Flood Control Act of 1954, sec11 tion 107 of the River and Harbor Act of 1960, section 

12 103 of the River and Harbor Act of 1962, section 111 

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

14 Water Resources Development Act of 1986, section 206 

15 of the Water Resources Development Act of 1996, or sec16 tion 204 of the Water Resources Development Act of 

17 1992. 

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

19 a quarterly basis directly to the Committees on Appropria20 tions of both Houses of Congress detailing all the funds 

21 reprogrammed between programs, projects, activities, or 

22 categories of funding. The first quarterly report shall be 

23 submitted not later than 60 days after the date of enact24 ment of this Act. 


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

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

3 commits funds beyond the amounts appropriated for that 

4 program, project, or activity that remain unobligated, ex5 cept that such amounts may include any funds that have 

6 been made available through reprogramming pursuant to 

7 section 101. 

8 SEC. 103. The Secretary of the Army may transfer 

9 to the Fish and Wildlife Service, and the Fish and Wildlife 

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

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

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

13 of Engineers projects. 

14 SEC. 104. None of the funds in this Act shall be used 

15 for an open lake placement alternative for dredged mate16 rial, after evaluating the least costly, environmentally ac17 ceptable manner for the disposal or management of 

18 dredged material originating from Lake Erie or tributaries 

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

20 certification pursuant to section 401 of the Federal Water 

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

22 until an open lake placement alternative for dredged mate23 rial is approved under a State water quality certification, 

24 the Corps of Engineers shall continue upland placement 

25 of such dredged material consistent with the requirements 


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1 of section 101 of the Water Resources Development Act 

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

3 SEC. 105. None of the funds made available by this 

4 Act may be used to carry out any water supply reallocation 

5 study under the Wolf Creek Dam, Lake Cumberland, Ken6 tucky, project authorized under the Act of July 24, 1946 

7 (60 Stat. 636, ch. 595). 

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

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

10 transfer the Civil Works functions or authority of the 

11 Corps of Engineers or the Secretary of the Army to an12 other department or agency. 

13 SEC. 107. Additional funding provided in this Act 

14 shall be allocated only to projects determined to be eligible 

15 by the Chief of Engineers. 

16 SEC. 108. Notwithstanding any other provision of 

17 law, none of the funds appropriated or otherwise made 

18 available by this Act or any prior appropriations Acts for 

19 the Civil Works Program of the United States Army Corps 

20 of Engineers may be committed, obligated, expended, or 

21 otherwise used to design or construct a wall, fence, border 

22 barriers, or border security infrastructure along the south23 ern border of the United States. 

24 SEC. 109. None of the funds made available by this 

25 Act may be used to issue a permit under section 404 of 


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1 the Federal Water Pollution Control Act to a private enti2 ty or individual for the discharge of dredged or fill mate3 rial from a project located within Water Conservation 

4 Areas 1, 2A, 2B, 3A, or 3B in the State of Florida, unless 

5 discharge is from a project that is generally available for 

6 the general public’s or Tribe’s use and benefit and serve 

7 a public purpose, which may include Tribal communities. 

8 SEC. 110. (a) When allocating the additional funding 

9 provided in this title under the headings ‘‘Construction’’ 

10 and ‘‘Mississippi River and Tributaries’’, the Secretary 

11 shall initiate a total of seven new construction starts dur12 ing fiscal year 2021. 

13 (b) For new construction projects, project cost shar14 ing agreements shall be executed as soon as practicable 

15 but no later than September 30, 2021. 

16 (c) No allocation for a new start shall be considered 

17 final and no work allowance shall be made until the Sec18 retary provides to the Committees on Appropriations of 

19 both Houses of Congress an out-year funding scenario 

20 demonstrating the affordability of the selected new starts 

21 and the impacts on other projects. 

22 (d) The Secretary shall not deviate from the new 

23 starts proposed in the work plan, once the plan has been 

24 submitted to the Committees on Appropriations of both 

25 Houses of Congress. 


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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

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

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

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

12 be available until September 30, 2022, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 

15 year 2021, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 

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

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 


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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

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

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

9 agreements with, State and local governments, federally 

10 recognized Indian tribes, and others, $1,487,000,000, to 

11 remain available until expended, of which $58,476,000 

12 shall be available for transfer to the Upper Colorado River 

13 Basin Fund and $5,584,000 shall be available for transfer 

14 to the Lower Colorado River Basin Development Fund; 

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

17 $25,882,000 shall be available for transfer into the Black18 feet Water Settlement Implementation Fund established 

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

20 That such transfers may be increased or decreased within 

21 the overall appropriation under this heading: Provided fur22 ther, That of the total appropriated, the amount for pro23 gram activities that can be financed by the Reclamation 

24 Fund or the Bureau of Reclamation special fee account 

25 established by 16 U.S.C. 6806 shall be derived from that 


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1 Fund or account: Provided further, That funds contributed 

2 under 43 U.S.C. 395 are available until expended for the 

3 purposes for which the funds were contributed: Provided 

4 further, That funds advanced under 43 U.S.C. 397a shall 

5 be credited to this account and are available until ex6 pended for the same purposes as the sums appropriated 

7 under this heading: Provided further, That of the amounts 

8 provided herein, funds may be used for high-priority 

9 projects which shall be carried out by the Youth Conserva10 tion Corps, as authorized by 16 U.S.C. 1706. Provided 

11 further, That in accordance with section 4007 of Public 

12 Law 114–322, and as recommended by the Secretary of 

13 the Interior in a letter dated June 22, 2020, funding pro14 vided for such purposes in fiscal years 2017, 2018, and 

15 2019 may be made available to the Friant-Kern Canal Ca16 pacity Correction Resulting from Subsidence, the Los 

17 Vaqueros Reservoir Phase 2 Expansion Project, the Delta 

18 Mendota Canal Subsidence Correction, the North-of-the19 Delta Off stream Storage (Sites Reservoir Project), the 

20 Del Puerto Water District, the San Luis Low point Im21 provement Project, the Sacramento Regional Water Bank, 

22 the Boise River Feasibility Study, and the Cle Elum Pool 

23 Raise: Provided further, That no funds may be obligated 

24 or expended for the projects specified in the preceding pro25 viso until the Secretary of the Interior transmits recVerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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1 ommendations to Congress for projects authorized under 

2 sections 4009(a) and 4009(c) of the Water Infrastructure 

3 Improvements for the Nation Act (Public Law 114–322) 

4 and the Congress enacts a subsequent appropriations act 

5 making appropriations for energy and water development. 

6 CENTRAL VALLEY PROJECT RESTORATION FUND

7 For carrying out the programs, projects, plans, habi8 tat restoration, improvement, and acquisition provisions of 

9 the Central Valley Project Improvement Act, $55,875,000, 

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

11 Central Valley Project Restoration Fund pursuant to sec12 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

13 102–575, to remain available until expended: Provided, 

14 That the Bureau of Reclamation is directed to assess and 

15 collect the full amount of the additional mitigation and 

16 restoration payments authorized by section 3407(d) of 

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

18 funds made available under this heading may be used for 

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

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

21 by a court adopted decree or order. 

22 CALIFORNIA BAY-DELTA RESTORATION

23 (INCLUDING TRANSFERS OF FUNDS)

24 For carrying out activities authorized by the Water 

25 Supply, Reliability, and Environmental Improvement Act, 


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1 consistent with plans to be approved by the Secretary of 

2 the Interior, $33,000,000, to remain available until ex3 pended, of which such amounts as may be necessary to 

4 carry out such activities may be transferred to appropriate 

5 accounts of other participating Federal agencies to carry 

6 out authorized purposes: Provided, That funds appro7 priated herein may be used for the Federal share of the 

8 costs of CALFED Program management: Provided fur9 ther, That CALFED implementation shall be carried out 

10 in a balanced manner with clear performance measures 

11 demonstrating concurrent progress in achieving the goals 

12 and objectives of the Program. 

13 POLICY AND ADMINISTRATION

14 For expenses necessary for policy, administration, 

15 and related functions in the Office of the Commissioner, 

16 the Denver office, and offices in the six regions of the Bu17 reau of Reclamation, to remain available until September 

18 30, 2022, $60,000,000, to be derived from the Reclama19 tion Fund and be nonreimbursable as provided in 43 

20 U.S.C. 377: Provided, That no part of any other appro21 priation in this Act shall be available for activities or func22 tions budgeted as policy and administration expenses. 


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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed five passenger 

4 motor vehicles, which are for replacement only. 

5 GENERAL PROVISIONS—DEPARTMENT OF THE 

6 INTERIOR 

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

8 shall be available for obligation or expenditure through a 

9 reprogramming of funds that— 

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

11 or activity; 

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

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

14 activity for which funds have been denied or re15 stricted by this Act; 

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

17 or activity for which funds are not provided in this 

18 Act, unless prior approval is received from the Com19 mittees on Appropriations of both Houses of Con20 gress; 

21 (5) transfers funds in excess of the following 

22 limits— 

23 (A) 15 percent for any program, project, 

24 or activity for which $2,000,000 or more is 

25 available at the beginning of the fiscal year; or 


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1 (B) $400,000 for any program, project, or 

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

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

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

7 Development category to any program, project, or 

8 activity in the other category; or 

9 (7) transfers, where necessary to discharge legal 

10 obligations of the Bureau of Reclamation, more than 

11 $5,000,000 to provide adequate funds for settled 

12 contractor claims, increased contractor earnings due 

13 to accelerated rates of operations, and real estate de14 ficiency judgments. 

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

16 of funds within the Facilities Operation, Maintenance, and 

17 Rehabilitation category. 

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

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

20 project, or activity. 

21 (d) The Bureau of Reclamation shall submit reports 

22 on a quarterly basis directly to the Committees on Appro23 priations of both Houses of Congress detailing all the 

24 funds reprogrammed between programs, projects, activi25 ties, or categories of funding. The first quarterly report 


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

2 of enactment of this Act. 

3 SEC. 202. (a) None of the funds appropriated or oth4 erwise made available by this Act may be used to deter5 mine the final point of discharge for the interceptor drain 

6 for the San Luis Unit until development by the Secretary 

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

8 shall conform to the water quality standards of the State 

9 of California as approved by the Administrator of the En10 vironmental Protection Agency, to minimize any detri11 mental effect of the San Luis drainage waters. 

12 (b) The costs of the Kesterson Reservoir Cleanup 

13 Program and the costs of the San Joaquin Valley Drain14 age Program shall be classified by the Secretary of the 

15 Interior as reimbursable or nonreimbursable and collected 

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

17 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter18 native Repayment Plan’’ described in the report entitled 

19 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro20 gram and San Joaquin Valley Drainage Program, Feb21 ruary 1995’’, prepared by the Department of the Interior, 

22 Bureau of Reclamation. Any future obligations of funds 

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

24 service or drainage studies for the San Luis Unit shall 

25 be fully reimbursable by San Luis Unit beneficiaries of 


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1 such service or studies pursuant to Federal reclamation 

2 law. 

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

4 Land Management Act of 2009 (Public Law 111–11; 42 

5 U.S.C. 10364(e)) is amended by striking ‘‘$530,000,000’’ 

6 and inserting ‘‘$600,000,000’’. 

7 SEC. 204. Title I of the CALFED Bay-Delta Author8 ization Act (Public Law 108–361; 118 Stat. 1681), as 

9 amended by section 4007(k) of Public Law 114–322, is 

10 amended by striking ‘‘2020’’ each place it appears and 

11 inserting ‘‘2021’’. 

12 SEC. 205. Section 9106(g)(2) of the Omnibus Public 

13 Land Management Act of 2009 (Public Law 111–11; 123 

14 Stat. 1309) is amended by striking ‘‘2020’’ and inserting 

15 ‘‘2021’’. 

16 SEC. 206. Section 6002(g)(4) of the Omnibus Public 

17 Land Management Act of 2009 (Public Law 111–11; 16 

18 U.S.C. 1015(a)) is amended by striking ‘‘2020’’ and in19 serting ‘‘2021’’. 

20 SEC. 207. (a) Section 104(c) of the Reclamation 

21 States Emergency Drought Relief Act of 1991 (Public 

22 Law 102–250; 43 U.S.C. 2214(c)) is amended by striking 

23 ‘‘2020’’ and inserting ‘‘2021’’. 

24 (b) Section 301 of the Reclamation States Emergency 

25 Drought Relief Act of 1991 (Public Law 102–250; 43 


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1 U.S.C. 2241) is amended by striking ‘‘2020’’ and insert2 ing ‘‘2021’’. 

3 SEC. 208. Title VI of the Claims Resolution Act 

4 (Public Law 111–291; 42 U.S.C. 1305 note) is amend5 ed— 

6 (1) in section 602 by adding at the end— ‘‘The 

7 term ‘611(g) Agreement’ means the agreement 

8 dated September 17, 2019, executed by the United 

9 States, the State, the Pueblos, the County, and the 

10 City pursuant to section 611(g).’’. 

11 ‘‘(24) 611(G) AGREEMENT.—The term 

12 ‘611(g) Agreement’ means the agreement dated Sep13 tember 17, 2019, executed by the United States, the 

14 State, the Pueblos, the County, and the City pursu15 ant to section 611(g).’’. 

16 (2) in section 611(f)— 

17 (A) in subparagraph (1)(A) by striking 

18 ‘‘$106,400,000’’ and inserting ‘‘$243,400,000’’; 

19 (B) by amending subparagraph (B) of 

20 paragraph (1) to read as follows: 

21 ‘‘(B) EXCEPTION.—Of the amount de22 scribed in subparagraph (A)— (i) the initial 

23 $106,400,000 shall be increased or decreased, 

24 as appropriate, based on ordinary fluctuations 

25 in construction costs since October 1, 2006, as 


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1 determined using applicable engineering cost in2 dices; and (ii) any amounts made available in 

3 excess of the amount described in clause (i) 

4 shall be increased or decreased, as appropriate, 

5 based on ordinary fluctuations in construction 

6 costs since October 1, 2018, as determined 

7 using applicable engineering cost indices.’’; and 

8 (C) in paragraph (3), by inserting ‘‘and 

9 the 611(g) Agreement’’ after ‘‘the Cost-Sharing 

10 and System Integration Agreement’’; 

11 (3) in section 617(a)(1)(B)— 

12 (A) by striking ‘‘$50,000,000’’ and insert13 ing ‘‘$187,000,000’’; and 

14 (B) by striking ‘‘2024’’ and inserting 

15 ‘‘2028’’; 

16 (4) in section 617(a)(4) by striking ‘‘since Oc17 tober 1, 2006, as determined using applicable engi18 neering cost indices’’ and inserting ‘‘pursuant to sec19 tion 611(f)(1)(B)’’; 

20 (5) in section 621 by striking subsection (a) 

21 and inserting the following: 

22 ‘‘(a) APPROVAL.—To the extent the Settle23 ment Agreement, the Cost-Sharing and System Inte24 gration Agreement, and the 611(g) Agreement do 

25 not conflict with this title, the Settlement AgreeVerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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1 ment, the Cost-Sharing and System Integration 

2 Agreement, and the 611(g) Agreement (including 

3 any amendments to the Settlement Agreement, the 

4 Cost Sharing and System Integration Agreement, 

5 and the 611(g) Agreement that are executed to 

6 make the Settlement Agreement, the Cost-Sharing 

7 and System Integration Agreement, or the 611(g) 

8 Agreement consistent with this title) are authorized, 

9 ratified, and confirmed.’’; and 

10 (6) in section 623(e)— 

11 (A) in paragraph (2)— 

12 (i) by striking ‘‘2021’’ and inserting 

13 ‘‘2025’’; 

14 (ii) by striking ‘‘2024’’ and inserting 

15 ‘‘2028’’; 

16 (B) in paragraph (3), in the matter pre17 ceding subparagraph (A), by striking ‘‘2021’’ 

18 and inserting ‘‘2025’’; 

19 (C) in paragraph (4)(B)(ii)(II), by striking 

20 ‘‘2023’’ and inserting ‘‘2027’’; 

21 (D) in paragraph (5)(A), by striking 

22 ‘‘2024’’ and inserting ‘‘2028’’. 

23 SEC. 209. None of the funds provided in this Act may 

24 be used for the Shasta Dam and Reservoir Enlargement 

25 Project. 


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1 SEC. 210. Section 10501 of the Omnibus Public Land 

2 Management Act of 2009 (Public Law 111–11; 43 U.S.C. 

3 407) is amended— 

4 (1) in subsection (b)(1), by striking ‘‘For each 

5 of fiscal years 2020 through 2029’’ and inserting 

6 ‘‘For fiscal year 2020 and each fiscal year there7 after’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1)(A), by striking ‘‘for 

10 each of fiscal years 2020 through 2034’’ and 

11 inserting ‘‘for fiscal year 2020 and each fiscal 

12 year thereafter’’; and 

13 (B) in paragraph (3)(C), by striking ‘‘for 

14 any authorized use’’ and all that follows 

15 through the period at the end and inserting 

16 ‘‘for any use authorized under paragraph (2).’’; 

17 and 

18 (3) by striking subsection (f). 

19 TITLE III 

20 DEPARTMENT OF ENERGY 

21 ENERGY PROGRAMS 

22 ENERGY EFFICIENCY AND RENEWABLE ENERGY

23 (INCLUDING RESCISSIONS OF FUNDS)

24 For Department of Energy expenses including the 

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1 ital equipment, and other expenses necessary for energy 

2 efficiency and renewable energy 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 $2,850,240,000, to remain available until expended: Pro8 vided, That of such amount, $165,000,000 shall be avail9 able until September 30, 2022, for program direction: Pro10 vided further, That $806,831 from Public Law 111–8 and 

11 $1,433,462 from Public Law 111–85 provided under this 

12 heading are hereby rescinded: Provided further, That no 

13 amounts may be rescinded from amounts that were des14 ignated by the Congress as an emergency requirement 

15 pursuant to a Concurrent Resolution on the Budget or the 

16 Balanced Budget and Emergency Deficit Control Act of 

17 1985. 

18 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

19 RESPONSE

20 For Department of Energy expenses including the 

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

23 sector cybersecurity, energy security, and emergency re24 sponse activities in carrying out the purposes of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et 


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

2 real property or any facility or for plant or facility acquisi3 tion, construction, or expansion, $160,000,000, to remain 

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

5 $13,000,000 shall be available until September 30, 2022, 

6 for program direction. 

7 ELECTRICITY

8 For Department of Energy expenses including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment, and other expenses necessary for elec11 tricity delivery activities in carrying out the purposes of 

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

13 7101 et seq.), including the acquisition or condemnation 

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

15 acquisition, construction, or expansion, $195,000,000, to 

16 remain available until expended: Provided, That of such 

17 amount, $18,850,000 shall be available until September 

18 30, 2022, for program direction. 

19 NUCLEAR ENERGY

20 For Department of Energy expenses including the 

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

23 energy activities in carrying out the purposes of the De24 partment of Energy Organization Act (42 U.S.C. 7101 et 

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


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•HR 7613 RH

1 real property or any facility or for plant or facility acquisi2 tion, construction, or expansion, $1,435,800,000, to re3 main available until expended: Provided, That of such 

4 amount, $79,000,000 shall be available until September 

5 30, 2022, for program direction. 

6 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

7 For Department of Energy expenses necessary in car8 rying out fossil energy research and development activi9 ties, under the authority of the Department of Energy Or10 ganization Act (42 U.S.C. 7101 et seq.), including the ac11 quisition of interest, including defeasible and equitable in12 terests in any real property or any facility or for plant 

13 or facility acquisition or expansion, and for conducting in14 quiries, technological investigations and research con15 cerning the extraction, processing, use, and disposal of 

16 mineral substances without objectionable social and envi17 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

18 $727,500,000, to remain available until expended: Pro19 vided, That of such amount $62,115,000 shall be available 

20 until September 30, 2022, for program direction. 

21 NAVAL PETROLEUM AND OIL SHALE RESERVES

22 For Department of Energy expenses necessary to 

23 carry out naval petroleum and oil shale reserve activities, 

24 $13,006,000, to remain available until expended: Pro25 vided, That notwithstanding any other provision of law, 


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1 unobligated funds remaining from prior years shall be 

2 available for all naval petroleum and oil shale reserve ac3 tivities. 

4 STRATEGIC PETROLEUM RESERVE

5 For Department of Energy expenses necessary for 

6 Strategic Petroleum Reserve facility development and op7 erations and program management activities pursuant to 

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

9 et seq.), $195,000,000, to remain available until expended. 

10 SPR PETROLEUM ACCOUNT

11 For the acquisition, transportation, and injection of 

12 petroleum products, and for other necessary expenses pur13 suant to the Energy Policy and Conservation Act of 1975, 

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

15 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 

16 6241, 6239 note), and section 5010 of the 21st Century 

17 Cures Act (Public Law 114–255), $7,500,000, to remain 

18 available until expended. 

19 NORTHEAST HOME HEATING OIL RESERVE

20 For Department of Energy expenses necessary for 

21 Northeast Home Heating Oil Reserve storage, operation, 

22 and management activities pursuant to the Energy Policy 

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

24 $10,000,000, to remain available until expended. 


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1 ENERGY INFORMATION ADMINISTRATION

2 For Department of Energy expenses necessary in car3 rying out the activities of the Energy Information Admin4 istration, $126,800,000, to remain available until ex5 pended. 

6 NON-DEFENSE ENVIRONMENTAL CLEANUP

7 For Department of Energy expenses, including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment and other expenses necessary for non-de10 fense environmental cleanup activities in carrying out the 

11 purposes of the Department of Energy Organization Act 

12 (42 U.S.C. 7101 et seq.), including the acquisition or con13 demnation of any real property or any facility or for plant 

14 or facility acquisition, construction, or expansion, 

15 $315,000,000, to remain available until expended: Pro16 vided, That in addition, fees collected pursuant to sub17 section (b)(1) of section 6939f of title 42, United States 

18 Code, and deposited under this heading in fiscal year 2021 

19 pursuant to section 309 of title III of division C of the 

20 Further Consolidated Appropriations Act, 2020 (Public 

21 Law 116–94) are appropriated, to remain available until 

22 expended, for mercury storage costs. 


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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For Department of Energy expenses necessary in car4 rying out uranium enrichment facility decontamination 

5 and decommissioning, remedial actions, and other activi6 ties of title II of the Atomic Energy Act of 1954, and 

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

8 $821,583,000, to be derived from the Uranium Enrich9 ment Decontamination and Decommissioning Fund, to re10 main available until expended, of which $21,284,000 shall 

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

12 Energy Policy Act of 1992. 

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 any facility or for plant or facility acquisition, con21 struction, or expansion, and purchase of not more than 

22 35 passenger motor vehicles for replacement only, 

23 $7,050,000,000, to remain available until expended: Pro24 vided, That of such amount, $188,000,000 shall be avail25 able until September 30, 2022, for program direction. 


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1 NUCLEAR WASTE DISPOSAL

2 For Department of Energy expenses necessary for 

3 nuclear waste disposal activities to carry out the purposes 

4 of the Nuclear Waste Policy Act of 1982, Public Law 97– 

5 425, as amended, including interim storage activities, 

6 $27,500,000, to remain available until expended, of which 

7 $7,500,000 shall be derived from the Nuclear Waste 

8 Fund. 

9 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

10 For Department of Energy expenses necessary in car11 rying out the activities authorized by section 5012 of the 

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

13 $435,000,000, to remain available until expended: Pro14 vided, That of such amount, $37,000,000 shall be avail15 able until September 30, 2022, for program direction. 

16 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

17 PROGRAM

18 Such sums as are derived from amounts received 

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

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

21 be collected in accordance with section 502(7) of the Con22 gressional Budget Act of 1974: Provided, That for nec23 essary administrative expenses of the Title 17 Innovative 

24 Technology Loan Guarantee Program, as authorized, 

25 $32,000,000 is appropriated, to remain available until 


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•HR 7613 RH

1 September 30, 2022: Provided further, That up to 

2 $32,000,000 of fees collected in fiscal year 2021 pursuant 

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

4 be credited as offsetting collections under this heading and 

5 used for necessary administrative expenses in this appro6 priation and shall remain available until September 30, 

7 2022: Provided further, That to the extent that fees col8 lected in fiscal year 2021 exceed $32,000,000, those ex9 cess amounts shall be credited as offsetting collections 

10 under this heading and available in future fiscal years only 

11 to the extent provided in advance in appropriations Acts: 

12 Provided further, That the sum herein appropriated from 

13 the general fund shall be reduced (1) as such fees are re14 ceived during fiscal year 2021 (estimated at $3,000,000) 

15 and (2) to the extent that any remaining general fund ap16 propriations can be derived from fees collected in previous 

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

18 result in a final fiscal year 2021 appropriation from the 

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

20 Department of Energy shall not subordinate any loan obli21 gation to other financing in violation of section 1702 of 

22 the Energy Policy Act of 2005 or subordinate any Guaran23 teed Obligation to any loan or other debt obligations in 

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

25 Regulations. 


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•HR 7613 RH

1 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

2 LOAN PROGRAM

3 For Department of Energy administrative expenses 

4 necessary in carrying out the Advanced Technology Vehi5 cles Manufacturing Loan Program, $5,000,000, to remain 

6 available until September 30, 2022. 

7 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

8 For Department of Energy administrative expenses 

9 necessary in carrying out the Tribal Energy Loan Guar10 antee Program, $2,000,000, to remain available until Sep11 tember 30, 2022. 

12 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

13 For necessary expenses for Indian Energy activities 

14 in carrying out the purposes of the Department of Energy 

15 Organization Act (42 U.S.C. 7101 et seq.), $22,250,000, 

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

17 amount appropriated under this heading, $5,000,000 shall 

18 be available until September 30, 2022, for program direc19 tion. 

20 DEPARTMENTAL ADMINISTRATION

21 For salaries and expenses of the Department of En22 ergy necessary for departmental administration in car23 rying out the purposes of the Department of Energy Orga24 nization Act (42 U.S.C. 7101 et seq.), $252,378,000, to 

25 remain available until September 30, 2022, including the 


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•HR 7613 RH

1 hire of passenger motor vehicles and official reception and 

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

3 additional amounts as necessary to cover increases in the 

4 estimated amount of cost of work for others notwith5 standing the provisions of the Anti-Deficiency Act (31 

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

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

8 or greater amount: Provided further, That moneys received 

9 by the Department for miscellaneous revenues estimated 

10 to total $93,378,000 in fiscal year 2021 may be retained 

11 and used for operating expenses within this account, as 

12 authorized by section 201 of Public Law 95–238, notwith13 standing the provisions of 31 U.S.C. 3302: Provided fur14 ther, That the sum herein appropriated shall be reduced 

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

16 result in a final fiscal year 2021 appropriation from the 

17 general fund estimated at not more than $159,000,000. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses necessary for the Office of the Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, $57,739,000, to remain available 

22 until September 30, 2022. 


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•HR 7613 RH

1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other incidental expenses necessary for 

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 and the purchase of not to exceed one aircraft, one ambu14 lance, and two passenger buses for replacement only, 

15 $13,659,617,000, to remain available until expended: Pro16 vided, That of such amount, $123,684,000 shall be avail17 able until September 30, 2022, for program direction. 

18 DEFENSE NUCLEAR NONPROLIFERATION

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other incidental expenses necessary for 

22 defense nuclear nonproliferation activities, in carrying out 

23 the purposes of the Department of Energy Organization 

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

25 condemnation of any real property or any facility or for 


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•HR 7613 RH

1 plant or facility acquisition, construction, or expansion, 

2 $2,240,000,000, to remain available until expended. 

3 NAVAL REACTORS

4 (INCLUDING TRANSFER OF FUNDS)

5 For Department of Energy expenses necessary for 

6 naval reactors activities to carry out the Department of 

7 Energy Organization Act (42 U.S.C. 7101 et seq.), includ8 ing the acquisition (by purchase, condemnation, construc9 tion, or otherwise) of real property, plant, and capital 

10 equipment, facilities, and facility expansion, 

11 $1,684,000,000, to remain available until expended, of 

12 which, $91,000,000 shall be transferred to ‘‘Department 

13 of Energy—Energy Programs—Nuclear Energy’’, for the 

14 Advanced Test Reactor: Provided, That of such amount, 

15 $53,700,000 shall be available until September 30, 2022, 

16 for program direction. 

17 FEDERAL SALARIES AND EXPENSES

18 For expenses necessary for Federal Salaries and Ex19 penses in the National Nuclear Security Administration, 

20 $454,000,000, to remain available until September 30, 

21 2022, including official reception and representation ex22 penses not to exceed $17,000. 


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•HR 7613 RH

1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

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

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

11 or for plant or facility acquisition, construction, or expan12 sion, and the purchase of not to exceed one passenger 

13 minivan for replacement only, $6,321,000,000, to remain 

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

15 $282,093,000 shall be available until September 30, 2022, 

16 for program direction. 

17 DEFENSE URANIUM ENRICHMENT DECONTAMINATION

18 AND DECOMMISSIONING

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for atomic energy defense 

21 environmental cleanup activities for Department of En22 ergy contributions for uranium enrichment decontamina23 tion and decommissioning activities, $821,583,000, to be 

24 deposited into the Defense Environmental Cleanup acVerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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•HR 7613 RH

1 count which shall be transferred to the ‘‘Uranium Enrich2 ment Decontamination and Decommissioning Fund’’. 

3 OTHER DEFENSE ACTIVITIES

4 For Department of Energy expenses, including the 

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

7 energy defense, other defense activities, and classified ac8 tivities, in carrying out the purposes of the Department 

9 of Energy Organization Act (42 U.S.C. 7101 et seq.), in10 cluding the acquisition or condemnation of any real prop11 erty or any facility or for plant or facility acquisition, con12 struction, or expansion, $942,300,000, to remain available 

13 until expended: Provided, That of such amount, 

14 $346,833,000 shall be available until September 30, 2022, 

15 for program direction. 

16 POWER MARKETING ADMINISTRATIONS 

17 BONNEVILLE POWER ADMINISTRATION FUND

18 Expenditures from the Bonneville Power Administra19 tion Fund, established pursuant to Public Law 93–454, 

20 are approved for official reception and representation ex21 penses in an amount not to exceed $5,000: Provided, That 

22 during fiscal year 2021, no new direct loan obligations 

23 may be made. 


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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For expenses necessary for operation and mainte4 nance of power transmission facilities and for marketing 

5 electric power and energy, including transmission wheeling 

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

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

8 southeastern power area, $7,246,000, including official re9 ception and representation expenses in an amount not to 

10 exceed $1,500, to remain available until expended: Pro11 vided, That notwithstanding 31 U.S.C. 3302 and section 

12 5 of the Flood Control Act of 1944, up to $7,246,000 col13 lected by the Southeastern Power Administration from the 

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

15 account as discretionary offsetting collections, to remain 

16 available until expended for the sole purpose of funding 

17 the annual expenses of the Southeastern Power Adminis18 tration: 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 2021 appropriation estimated at not more than 

22 $0: Provided further, That notwithstanding 31 U.S.C. 

23 3302, up to $52,000,000 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 7613 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 expenses necessary for operation and mainte11 nance of power transmission facilities and for marketing 

12 electric power and energy, for construction and acquisition 

13 of transmission lines, substations and appurtenant facili14 ties, and for administrative expenses, including official re15 ception and representation expenses in an amount not to 

16 exceed $1,500 in carrying out section 5 of the Flood Con17 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

18 Southwestern Power Administration, $47,540,000, to re19 main available until expended: Provided, That notwith20 standing 31 U.S.C. 3302 and section 5 of the Flood Con21 trol Act of 1944 (16 U.S.C. 825s), up to $37,140,000 col22 lected by the Southwestern Power Administration from 

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

24 this account as discretionary offsetting collections, to re25 main available until expended, for the sole purpose of 


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•HR 7613 RH

1 funding the annual expenses of the Southwestern Power 

2 Administration: Provided further, That the sum herein ap3 propriated for annual expenses shall be reduced as collec4 tions are received during the fiscal year so as to result 

5 in a final fiscal year 2021 appropriation estimated at not 

6 more than $10,400,000: Provided further, That notwith7 standing 31 U.S.C. 3302, up to $15,000,000 collected by 

8 the Southwestern Power Administration pursuant to the 

9 Flood Control Act of 1944 to recover purchase power and 

10 wheeling expenses shall be credited to this account as off11 setting collections, to remain available until expended for 

12 the sole purpose of making purchase power and wheeling 

13 expenditures: Provided further, That for purposes of this 

14 appropriation, annual expenses means expenditures that 

15 are 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, $259,126,000, including official reception and rep25 resentation expenses in an amount not to exceed $1,500, 


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•HR 7613 RH

1 to remain available until expended, of which $259,126,000 

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 $169,754,000 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 2021 appropriation esti16 mated at not more than $89,372,000, of which 

17 $89,372,000 is derived from the Reclamation Fund: Pro18 vided further, That notwithstanding 31 U.S.C. 3302, up 

19 to $172,000,000 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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•HR 7613 RH

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, $5,776,000, 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 $5,548,000 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 2021 appropriation estimated at not more than 


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1 $228,000: 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 2021, the 

5 Administrator of the Western Area Power Administration 

6 may accept up to $1,526,000 in funds contributed by 

7 United States power customers of the Falcon and Amistad 

8 Dams for deposit into the Falcon and Amistad Operating 

9 and Maintenance Fund, and such funds shall be available 

10 for the purpose for which contributed in like manner as 

11 if said sums had been specifically appropriated for such 

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

13 available without further appropriation and without fiscal 

14 year limitation for use by the Commissioner of the United 

15 States Section of the International Boundary and Water 

16 Commission for the sole purpose of operating, maintain17 ing, repairing, rehabilitating, replacing, or upgrading the 

18 hydroelectric facilities at these Dams in accordance with 

19 agreements reached between the Administrator, Commis20 sioner, and the power customers. 

21 FEDERAL ENERGY REGULATORY COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary for 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 official reception and representation expenses not to ex3 ceed $3,000, and the hire of passenger motor vehicles, 

4 $404,350,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 not to exceed $404,350,000 of revenues from fees and an7 nual charges, and other services and collections in fiscal 

8 year 2021 shall be retained and used for expenses nec9 essary in this account, and shall remain available until ex10 pended: Provided further, That the sum herein appro11 priated from the general fund shall be reduced as revenues 

12 are received during fiscal year 2021 so as to result in a 

13 final fiscal year 2021 appropriation from the general fund 

14 estimated at not more than $0. 

15 GENERAL PROVISIONS—DEPARTMENT OF 

16 ENERGY 

17 (INCLUDING TRANSFERS 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 Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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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 both Houses of Congress 

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

6 made available in this title may be used to— 

7 (A) make a grant allocation or discretionary 

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

9 (B) make a discretionary contract award or 

10 Other Transaction Agreement totaling $1,000,000 

11 or more, including a contract covered by the Federal 

12 Acquisition Regulation; 

13 (C) issue a letter of intent to make an alloca14 tion, award, or Agreement in excess of the limits in 

15 subparagraph (A) or (B); or 

16 (D) announce publicly the intention to make an 

17 allocation, award, or Agreement in excess of the lim18 its in subparagraph (A) or (B). 

19 (2) The Secretary of Energy shall submit directly to 

20 the Committees on Appropriations of both Houses of Con21 gress within 15 days of the conclusion of each quarter a 

22 report detailing each grant allocation or discretionary 

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

24 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 both Houses of 

23 Congress at least 3 days in advance. 

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

25 the amounts made available by this title shall be expended 


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1 as authorized by law for the programs, projects, and ac2 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

3 of Energy’’ table included under the heading ‘‘Title III— 

4 Department of Energy’’ in the report of the Committee 

5 on Appropriations accompanying this Act. 

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

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

8 the Department shall notify the Committees on Appropria9 tions of both Houses of Congress at least 30 days prior 

10 to the use of any proposed reprogramming that would 

11 cause any program, project, or activity funding level to 

12 increase or decrease by more than $5,000,000 or 10 per13 cent, whichever is less, during the time period covered by 

14 this Act. 

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

16 available for obligation or expenditure through a re17 programming of funds that— 

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

19 project, or activity; 

20 (2) increases funds or personnel for any pro21 gram, project, or activity for which funds are denied 

22 or restricted by this Act; or 

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

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

25 Act. 


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1 (g)(1) The Secretary of Energy may waive any re2 quirement or restriction in this section that applies to the 

3 use of funds made available for the Department of Energy 

4 if compliance with such requirement or restriction would 

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

6 welfare, or national security. 

7 (2) The Secretary of Energy shall notify the Commit8 tees on Appropriations of both Houses of Congress of any 

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

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

11 a requirement or restriction would otherwise have applied. 

12 Such notice shall include an explanation of the substantial 

13 risk under paragraph (1) that permitted such waiver. 

14 (h) The unexpended balances of prior appropriations 

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

16 same appropriation accounts for such activities established 

17 pursuant to this title. Available balances may be merged 

18 with funds in the applicable established accounts and 

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

20 time period as originally enacted. 

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

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

23 Act, for intelligence activities are deemed to be specifically 

24 authorized by the Congress for purposes of section 504 

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


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1 during fiscal year 2021 until the enactment of the Intel2 ligence Authorization Act for fiscal year 2021. 

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

4 title shall be used for the construction of facilities classi5 fied as high-hazard nuclear facilities under 10 CFR Part 

6 830 unless independent oversight is conducted by the Of7 fice of Enterprise Assessments to ensure the project is in 

8 compliance with nuclear safety requirements. 

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

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

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

12 any successive departmental guidance, for construction 

13 projects where the total project cost exceeds 

14 $100,000,000, until a separate independent cost estimate 

15 has been developed for the project for that critical deci16 sion. 

17 SEC. 305. Notwithstanding section 161 of the Energy 

18 Policy and Conservation Act (42 U.S.C. 6241), upon a 

19 determination by the President in this fiscal year that a 

20 regional supply shortage of refined petroleum product of 

21 significant scope and duration exists, that a severe in22 crease in the price of refined petroleum product will likely 

23 result from such shortage, and that a draw down and sale 

24 of refined petroleum product would assist directly and sig25 nificantly in reducing the adverse impact of such shortage, 


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1 the Secretary of Energy may draw down and sell refined 

2 petroleum product from the Strategic Petroleum Reserve. 

3 Proceeds from a sale under this section shall be deposited 

4 into the SPR Petroleum Account established in section 

5 167 of the Energy Policy and Conservation Act (42 U.S.C. 

6 6247), and such amounts shall be available for obligation, 

7 without fiscal year limitation, consistent with that section. 

8 SEC. 306. (a) Of the offsetting collections, including 

9 unobligated balances of such collections, in the ‘‘Depart10 ment of Energy—Power Marketing Administration—Col11 orado River Basins Power Marketing Fund, Western Area 

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

13 to the ‘‘Department of the Interior—Bureau of Reclama14 tion—Upper Colorado River Basin Fund’’ for the Bureau 

15 of Reclamation to carry out environmental stewardship 

16 and endangered species recovery efforts. 

17 (b) No funds shall be transferred directly from ‘‘De18 partment of Energy—Power Marketing Administration— 

19 Colorado River Basins Power Marketing Fund, Western 

20 Area Power Administration’’ to the general fund of the 

21 Treasury in the current fiscal year. 

22 SEC. 307. (a) None of the funds made available in 

23 this Act or any other Act for any fiscal year may be used 

24 to take an action described in subsection (b) unless— 


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1 (1) the Secretary of Energy submits a written 

2 notification to the Committees on Appropriations of 

3 both Houses of Congress regarding such action, in4 cluding— 

5 (A) a detailed justification and information 

6 about the assumptions underlying such action; 

7 and 

8 (B) with respect to an action described in 

9 paragraph (1) or (3) of such subsection— 

10 (i) a preliminary cost range for the 

11 nuclear weapon program affected by such 

12 action; 

13 (ii) the estimated costs for such pro14 gram during the five-year period following 

15 the notification; and 

16 (iii) the source and amount of funds 

17 for such action by program, project, or ac18 tivity level. 

19 (2) a period of 15 business days elapses fol20 lowing the date of such notification. 

21 (b) An action described in this subsection is any of 

22 the following: 

23 (1) Approving the development of a new nuclear 

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1 cluding as described in section 179(d)(8) of title 10, 

2 United States Code. 

3 (2) Studying whether to develop a new or modi4 fied nuclear weapon. 

5 (3) Changing the scope of a nuclear weapon 

6 program if such change modifies the cost of such 

7 program by $300,000,000 or more. 

8 SEC. 308. None of the funds made available by this 

9 Act or any other Act making appropriations for energy 

10 and water development and related agencies for any fiscal 

11 year may be used to conduct, or make specific prepara12 tions for, any explosive nuclear weapons test that produces 

13 any yield. 

14 SEC. 309. None of the funds made available by this 

15 Act or any other Act making appropriations for energy 

16 and water development and related agencies may be used 

17 in furtherance of working through the Nuclear Weapons 

18 Council to guide, advise, assist, develop, or execute a budg19 et for the National Nuclear Security Administration. 

20 TITLE IV 

21 INDEPENDENT AGENCIES 

22 APPALACHIAN REGIONAL COMMISSION

23 For expenses necessary to carry out the programs au24 thorized by the Appalachian Regional Development Act of 

25 1965, as amended, notwithstanding 40 U.S.C. 14704, and 


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1 for expenses necessary for the Federal Co-Chairman and 

2 the Alternate on the Appalachian Regional Commission, 

3 for payment of the Federal share of the administrative ex4 penses of the Commission, including services as authorized 

5 by section 3109 of title 5, United States Code, and hire 

6 of passenger motor vehicles, $175,000,000, to remain 

7 available until expended. 

8 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the Defense Nuclear Fa11 cilities Safety Board in carrying out activities authorized 

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

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

14 available until September 30, 2022. 

15 DELTA REGIONAL AUTHORITY

16 SALARIES AND EXPENSES

17 For expenses necessary for the Delta Regional Au18 thority and to carry out its activities, as authorized by 

19 the Delta Regional Authority Act of 2000, notwith20 standing sections 382F(d), 382M, and 382N of said Act, 

21 $15,000,000, to remain available until expended. 

22 DENALI COMMISSION

23 For expenses necessary for the Denali Commission 

24 including the purchase, construction, and acquisition of 

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1 penses, $15,000,000, to remain available until expended, 

2 notwithstanding the limitations contained in section 

3 306(g) of the Denali Commission Act of 1998: Provided, 

4 That funds shall be available for construction projects in 

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

6 for distressed communities, as defined by section 307 of 

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

8 Public Law 105–277), as amended by section 701 of ap9 pendix D, title VII, Public Law 106–113 (113 Stat. 

10 1501A–280), and an amount not to exceed 50 percent for 

11 non-distressed communities: Provided further, That not12 withstanding any other provision of law regarding pay13 ment of a non-Federal share in connection with a grant14 in-aid program, amounts under this heading shall be avail15 able for the payment of such a non-Federal share for pro16 grams undertaken to carry out the purposes of the Com17 mission. 

18 NORTHERN BORDER REGIONAL COMMISSION

19 For expenses necessary for the Northern Border Re20 gional Commission in carrying out activities authorized by 

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

22 to remain available until expended: Provided, That such 

23 amounts shall be available for administrative expenses, 

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

25 States Code. 


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1 SOUTHEAST CRESCENT REGIONAL COMMISSION

2 For expenses necessary for the Southeast Crescent 

3 Regional Commission in carrying out activities authorized 

4 by subtitle V of title 40, United States Code, $1,000,000, 

5 to remain available until expended. 

6 SOUTHWEST BORDER REGIONAL COMMISSION

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

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

10 remain available until expended. 

11 NUCLEAR REGULATORY COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary for the Commission in car14 rying out the purposes of the Energy Reorganization Act 

15 of 1974 and the Atomic Energy Act of 1954, 

16 $849,900,000, including official representation expenses 

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

18 Provided, That of the amount appropriated herein, not 

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

20 travel, and other support costs for the Office of the Com21 mission, to remain available until September 30, 2022, of 

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

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

24 the use and expenditure shall only be approved by a major25 ity vote of the Commission: Provided further, That reveVerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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1 nues from licensing fees, inspection services, and other 

2 services and collections estimated at $729,293,000 in fis3 cal year 2021 shall be retained and used for necessary 

4 salaries and expenses in this account, notwithstanding 31 

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

6 Provided further, That of the amounts appropriated under 

7 this heading, $10,500,000 shall be for university research 

8 and development in areas relevant to the Commission’s 

9 mission, and $5,500,000 shall be for a Nuclear Science 

10 and Engineering Grant Program that will support multi11 year projects that do not align with programmatic mis12 sions but are critical to maintaining the discipline of nu13 clear science and engineering: Provided further, That of 

14 the amounts appropriated under this heading, 

15 $17,709,000 shall be for activities related to the develop16 ment of regulatory infrastructure for advanced nuclear 

17 technologies, and $13,349,000 shall be for international 

18 activities, except that the amounts provided under this 

19 proviso shall not be derived from fee revenues: Provided 

20 further, That the sum herein appropriated shall be reduced 

21 by the amount of revenues received during fiscal year 

22 2021 so as to result in a final fiscal year 2021 appropria23 tion estimated at not more than $120,607,000. 


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1 OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, $13,499,000, to remain available 

5 until September 30, 2022: Provided, That revenues from 

6 licensing fees, inspection services, and other services and 

7 collections estimated at $11,106,000 in fiscal year 2021 

8 shall be retained and be available until September 30, 

9 2022, for necessary salaries and expenses in this account, 

10 notwithstanding section 3302 of title 31, United States 

11 Code: Provided further, That the sum herein appropriated 

12 shall be reduced by the amount of revenues received dur13 ing fiscal year 2021 so as to result in a final fiscal year 

14 2021 appropriation estimated at not more than 

15 $2,393,000: Provided further, That of the amounts appro16 priated under this heading, $1,206,000 shall be for In17 spector General services for the Defense Nuclear Facilities 

18 Safety Board. 

19 NUCLEAR WASTE TECHNICAL REVIEW BOARD

20 SALARIES AND EXPENSES

21 For expenses necessary for the Nuclear Waste Tech22 nical Review Board, as authorized by Public Law 100– 

23 203, section 5051, $3,600,000, to be derived from the Nu24 clear Waste Fund, to remain available until September 30, 

25 2022. 


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1 GENERAL PROVISIONS—INDEPENDENT 

2 AGENCIES 

3 SEC. 401. The Nuclear Regulatory Commission shall 

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

5 its Internal Commission Procedures when responding to 

6 Congressional requests for information, consistent with 

7 Department of Justice guidance for all federal agencies. 

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

9 title for the Nuclear Regulatory Commission may be re10 programmed for any program, project, or activity, and the 

11 Commission shall notify the Committees on Appropria12 tions of both Houses of Congress at least 30 days prior 

13 to the use of any proposed reprogramming that would 

14 cause any program funding level to increase or decrease 

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

16 during the time period covered by this Act. 

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

18 waive the notification requirement in subsection (a) if 

19 compliance with such requirement would pose a substan20 tial risk to human health, the environment, welfare, or na21 tional security. 

22 (2) The Nuclear Regulatory Commission shall notify 

23 the Committees on Appropriations of both Houses of Con24 gress of any waiver under paragraph (1) as soon as prac25 ticable, but not later than 3 days after the date of the 


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1 activity to which a requirement or restriction would other2 wise have applied. Such notice shall include an explanation 

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

4 such waiver and shall provide a detailed report to the 

5 Committees of such waiver and changes to funding levels 

6 to programs, projects, or activities. 

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

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

9 Regulatory Commission—Salaries and Expenses’’ shall be 

10 expended as directed in the report of the Committee on 

11 Appropriations accompanying this Act. 

12 (d) None of the funds provided for the Nuclear Regu13 latory Commission shall be available for obligation or ex14 penditure through a reprogramming of funds that in15 creases funds or personnel for any program, project, or 

16 activity for which funds are denied or restricted by this 

17 Act. 

18 (e) The Commission shall provide a monthly report 

19 to the Committees on Appropriations of both Houses of 

20 Congress, which includes the following for each program, 

21 project, or activity, including any prior year appropria22 tions— 

23 (1) total budget authority; 

24 (2) total unobligated balances; and 

25 (3) total unliquidated obligations. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFER OF FUNDS)

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

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

6 congressional action on any legislation or appropriation 

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

9 1913. 

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

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

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

14 authority provided in this Act or any other appropriations 

15 Act for any fiscal year, transfer authority referenced in 

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

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

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

23 Government may be transferred to accounts funded in title 

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

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1 priations Act for any fiscal year, transfer authority ref2 erenced in the report of the Committee on Appropriations 

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

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

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

8 funded in this Act utilizing any transfer authority shall 

9 submit to the Committees on Appropriations of both 

10 Houses of Congress a semiannual report detailing the 

11 transfer authorities, except for any authority whereby a 

12 department, agency, or instrumentality of the United 

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

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

16 shall include the amounts transferred and the purposes 

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

18 modify existing notification requirements for each author19 ity. 

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

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

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

23 Environmental Justice in Minority Populations and Low24 Income Populations). 


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1 SEC. 504. (a) None of the funds made available in 

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

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

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

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

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

9 TITLE VI 

10 ADDITIONAL INFRASTRUCTURE INVESTMENTS 

11 DEPARTMENT OF THE ARMY 

12 CORPS OF ENGINEERS—CIVIL

13 INVESTIGATIONS

14 For an additional amount for ‘‘Investigations’’, 

15 $110,000,000, to remain available until expended, for nec16 essary expenses related to the completion, or initiation and 

17 completion, of studies which are currently authorized or 

18 which are authorized after the date of enactment of this 

19 Act: Provided, That the Secretary may initiate additional 

20 new project starts with funds provided in this paragraph, 

21 without regard to other limitations in this Act: Provided 

22 further, That such amount is designated by the Congress 

23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 CONSTRUCTION

2 For an additional amount for ‘‘Construction’’, 

3 $10,000,000,000, to remain available until expended, of 

4 which not less than $500,000,000 shall be for water-re5 lated environmental infrastructure assistance and 

6 $3,000,000,000 shall be for inland waterways projects: 

7 Provided, That section 102 of Public Law 109–103 (33 

8 U.S.C. 2221) shall not apply to funds provided in this 

9 paragraph: Provided further, That notwithstanding any 

10 other provision of law, section 102 of the Water Resources 

11 Development Act of 1986 (Public Law 99–662; 33 U.S.C. 

12 2212) shall not apply to funds provided in this paragraph: 

13 Provided further, That the Secretary may initiate addi14 tional new construction starts with funds provided in this 

15 paragraph without regard to section 110 of this Act: Pro16 vided further, That the limitation concerning total project 

17 costs in section 902 of the Water Resources Development 

18 Act of 1986 (Public Law 99–662; 33 U.S.C. 2280), as 

19 amended, shall not apply to any project receiving funds 

20 provided in this paragraph: Provided further, That funds 

21 appropriated in this paragraph may be used by the Sec22 retary of the Army, acting through the Chief of Engineers, 

23 to undertake work authorized to be carried out in accord24 ance with section 14 of the Flood Control Act of 1946 

25 (33 U.S.C. 701r), section 205 of the Flood Control Act 


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1 of 1948 (33 U.S.C. 701s), section 206 of the Water Re2 sources Development Act of 1996 (Public Law 104–303; 

3 33 U.S.C. 2330), or section 1135 of the Water Resources 

4 Development Act of 1986 (Public Law 99–662; 33 U.S.C. 

5 2309a), notwithstanding the program cost limitations set 

6 forth in those sections: Provided further, That such 

7 amount is designated by the Congress as being for an 

8 emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MISSISSIPPI RIVER AND TRIBUTARIES

12 For an additional amount for ‘‘Mississippi River and 

13 Tributaries’’, $875,000,000, to remain available until ex14 pended, of which $150,000,000 shall be used for necessary 

15 expenses to address emergency situations at Corps of En16 gineers Federal projects caused by natural disasters: Pro17 vided, That the Secretary may initiate additional new 

18 study starts and additional new construction starts with 

19 funds provided under this paragraph without regard to 

20 other limitations in this Act: Provided further, That the 

21 limitation concerning total project costs in section 902 of 

22 the Water Resources Development Act of 1986 (Public 

23 Law 99–662; 33 U.S.C. 2280), as amended, shall not 

24 apply to any project receiving funds provided in this para25 graph: Provided further, That funds provided in this paraVerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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1 graph may not be used to update the final determination 

2 73 Fed. Reg. 54398 (September 19, 2008) or to construct 

3 or provide for the construction of ‘‘Alternative 5’’ as de4 scribed in the Reformulation Main Report and Final Sup5 plemental Environmental Impact Statement released by 

6 the Corps of Engineers in November 2007: Provided fur7 ther, That such amount is designated by the Congress as 

8 being for an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE

12 For an additional amount for ‘‘Operation and Main13 tenance’’, $5,000,000,000, to remain available until ex14 pended, of which $655,000,000 shall be used for necessary 

15 expenses to dredge Federal navigation projects in response 

16 to, and repair damages to Corps of Engineers Federal 

17 projects caused by, natural disasters: Provided, That sec18 tion 9006 of the Water Resources Development Act of 

19 2007 (Public Law 110–114; 33. U.S.C. 3305) shall not 

20 apply to funds provided in this paragraph: Provided fur21 ther, That such amount is designated by the Congress as 

22 being for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 REGULATORY PROGRAM

2 For an additional amount for ‘‘Regulatory Program’’, 

3 $50,000,000, to remain available until expended, for ex4 penses necessary to carry out the administration of laws 

5 pertaining to regulation of navigable waters and wetlands: 

6 Provided, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

11 For an additional amount for ‘‘Formerly Utilized 

12 Sites Remedial Action Program’’, $500,000,000, to re13 main available until expended: Provided, That such 

14 amount is designated by the Congress as being for an 

15 emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 FLOOD CONTROL AND COASTAL EMERGENCIES

19 For an additional amount for ‘‘Flood Control and 

20 Coastal Emergencies’’, $415,000,000, to remain available 

21 until expended, for necessary expenses to prepare for 

22 flood, hurricane, and other natural disasters and support 

23 emergency operations, repairs, and other activities in re24 sponse to such disasters as authorized by law: Provided, 

25 That funding utilized for authorized shore protection 


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1 projects shall restore such projects to the full project pro2 file at full Federal expense: Provided further, That such 

3 amount is designated by the Congress as being for an 

4 emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 EXPENSES

8 For an additional amount for ‘‘Expenses’’, 

9 $50,000,000, to remain available until expended, for nec10 essary expenses to administer and oversee the obligation 

11 and expenditure of amounts provided in this title for the 

12 Corps of Engineers: Provided, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 DEPARTMENT OF THE INTERIOR 

17 BUREAU OF RECLAMATION

18 WATER AND RELATED RESOURCES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For an additional amount for ‘‘Water and Related 

21 Resources’’, $3,000,000,000, to remain available until ex22 pended, of which— 

23 (1) $50,000,000 shall be for water reclamation 

24 and reuse projects authorized under title XVI of the 


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1 Reclamation Projects Authorization and Adjustment 

2 Act of 1992 (Public Law 102–575); 

3 (2) not less than $300,000,000 shall be for 

4 WaterSMART grants; 

5 (3) not less than $200,000,000 shall be for con6 struction activities, for which the Federal share of 

7 the cost shall not be more than 50 percent and for 

8 which the non-Federal share of not less than 50 per9 cent may be provided in cash or in-kind, related to 

10 projects found to be feasible by the Secretary of the 

11 Interior and which are ready to initiate for the re12 pair of critical Reclamation canals where operational 

13 conveyance capacity has been seriously impaired by 

14 factors such as age or land subsidence, focusing on 

15 those that would imminently jeopardize Reclama16 tion’s ability to meet water delivery obligations; 

17 (4) not less than $605,000,000 shall be used 

18 for titles III, IV, V, and VI of the Claims Resolution 

19 Act of 2010 (Public Law 111–291), as amended, 

20 title III, subtitle G of the Water Infrastructure Im21 provements for the Nation Act (Public Law 114– 

22 322), title X, subtitle B, part III of the Omnibus 

23 Public Land Management Act of 2009 (Public Law 

24 111–11), and the Arizona Water Settlements Act 

25 (Public Law 108–451), as amended; 


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1 (5) not less than $100,000,000 shall be used 

2 for rural water projects and shall include water in3 take and treatment facilities of such projects; 

4 (6) $100,000,000 shall be for Environmental 

5 Restoration and Compliance; 

6 (7) $8,500,000 shall be for activity associated 

7 with emergency remediation or repair of any Rec8 lamation facility which has had a failure or there is 

9 imminent threat of failure in 2020, in order to re10 store and maintain water deliveries for irrigation; 

11 (8) $100,000,000 shall be transferred to the 

12 Department of the Interior for programs, projects, 

13 and activities authorized by the Central Utah 

14 Project Completion Act (titles II–V of Public Law 

15 102–575), of which $1,300,000 shall be transferred 

16 to the ‘‘Central Utah Project Completion Account’’ 

17 for use by the Utah Reclamation and Mitigation and 

18 Conservation Commission for emergency assistance; 

19 (9) $250,000,000 shall be for programs, 

20 projects, and activities authorized by the Central 

21 Valley Project Improvement Act (Public Law 102– 

22 575); 

23 (10) $250,000,000 shall be for programs, 

24 projects, and activities authorized by Title I of the 


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1 California Bay-Delta Restoration Act (Public Law 

2 108–361), as amended; and 

3 (11) $200,000,000 shall be for Section 10004 

4 of the Omnibus Public Land Management Act of 

5 2009 (Public Law 111–11): 

6 Provided, That funds provided under this heading in this 

7 title may not be used for the Shasta Dam and Reservoir 

8 Enlargement Project: Provided further, That such amount 

9 is designated by the Congress as being for an emergency 

10 requirement pursuant to section 251(b)(2)(A)(i) of the 

11 Balanced Budget and Emergency Deficit Control Act of 

12 1985. 

13 DEPARTMENT OF ENERGY 

14 ENERGY EFFICIENCY AND RENEWABLE ENERGY

15 For an additional amount for ‘‘Energy Efficiency and 

16 Renewable Energy’’, $7,780,000,000, to remain available 

17 until expended, of which— 

18 (1) $3,000,000,000 shall be for the Weatheriza19 tion Assistance Program under part A of title IV of 

20 the Energy Conservation and Production Act (Public 

21 Law 94–385; 42 U.S.C. 6861 et seq.), of which 

22 $300,000,000 shall be for enhancements and innova23 tion as described in section 603 of this Act, and 

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1 ance to strengthen and increase weatherization ap2 prenticeship pathways; 

3 (2) $730,000,000 shall be for the State Energy 

4 Program authorized under part D of title III of the 

5 Energy Policy and Conservation Act (Public Law 

6 94–163; 42 U.S.C. 6321 et seq); 

7 (3) $2,000,000,000 shall be for Energy Effi8 ciency and Conservation Block Grants for implemen9 tation of programs authorized under subtitle E of 

10 title V of the Energy Independence and Security Act 

11 of 2007 (Public Law 110–140; 42 U.S.C. 17151 et 

12 seq.), of which $1,500,000,000 is available through 

13 the formula in subtitle E; 

14 (4) $1,000,000,000 shall be for the Vehicles 

15 Technologies Office to develop electric and alter16 native vehicle infrastructure; 

17 (5) $500,000,000 shall be for the Advanced 

18 Manufacturing Office, of which— 

19 (A) $250,000,000 shall be for battery sup20 ply chain support; 

21 (B) $125,000,000 shall be for a grant pro22 gram to improve energy efficiency at water and 

23 wastewater plants; and 

24 (C) $125,000,000 shall be for a domestic 

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1 thorized under section 132 of subtitle B in title 

2 I of the Energy Independence and Security Act 

3 of 2007 (Public Law 110–140; 42 U.S.C. 

4 17011 et seq); 

5 (6) $200,000,000 shall be for grants to deploy 

6 solar and distributed energy systems in low-income 

7 and underserved communities, for which no cost 

8 share is required; 

9 (7) $100,000,000 shall be for the Hydrogen 

10 and Fuel Cell Technologies Office for H2@Scale 

11 demonstration and deployment activities related to 

12 hydrogen production, storage, transport, and infra13 structure; 

14 (8) $230,000,000 shall be for facilities and in15 frastructure; and 

16 (9) $20,000,000 shall be for program direction: 

17 Provided, That funds provided under this heading in this 

18 title may not be used for any activities related to the En19 ergy Materials and Processing at Scale Research Facility: 

20 Provided further, That notwithstanding section 3304 of 

21 title 5, United States Code, and without regard to the pro22 visions of sections 3309 through 3318 of such title 5, the 

23 Secretary of Energy, upon a determination that there is 

24 a severe shortage of candidates or a critical hiring need 

25 for particular positions to carry out the activities funded 


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1 under this heading in this title, may from within the funds 

2 provided under this heading in this title, recruit and di3 rectly appoint highly qualified individuals into the com4 petitive service: Provided further, That such authority 

5 shall not apply to positions in the Excepted Service or the 

6 Senior Executive Service: Provided further, That any ac7 tion authorized herein shall be consistent with the merit 

8 principles of section 2301 of such title 5, and the Depart9 ment shall comply with the public notice requirements of 

10 section 3327 of such title 5: Provided further, That such 

11 amount is designated by the Congress as being for an 

12 emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 ELECTRICITY

16 For an additional amount for ‘‘Electricity’’, 

17 $3,350,000,000, to remain available until expended, for 

18 necessary expenses related to grid modernization pro19 grams, of which— 

20 (1) $2,000,000,000 shall be for grants and 

21 demonstrations to enhance the resilience, reliability, 

22 and energy security of electric infrastructure, to im23 prove preparedness and restoration time to mitigate 

24 power disturbances, to continue delivery of power to 

25 critical facilities and electricity-dependent essential 


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1 services, to enhance regional grid resilience, and to 

2 facilitate greater incorporation of renewable energy 

3 generation; 

4 (2) $56,500,000 shall be for construction of the 

5 Grid Storage Launchpad; 

6 (3) $500,000,000 shall be for energy storage 

7 demonstration projects across a portfolio of tech8 nologies and approaches; and 

9 (4) not less than $770,500,000 shall be for 

10 grants to manufacturers in the United States for the 

11 manufacturing of advanced batteries and compo12 nents: 

13 Provided, That the Secretary shall ensure regional diver14 sity among eligible entities that receive the funds for 

15 grants, technical assistance, and demonstrations provided 

16 under this heading in this title: Provided further, That 

17 funds provided for these activities shall not be subject to 

18 cost share requirements for state, local, and other govern19 ment recipients: Provided further, That notwithstanding 

20 section 3304 of title 5, United States Code, and without 

21 regard to the provisions of sections 3309 through 3318 

22 of such title 5, the Secretary of Energy, upon a determina23 tion that there is a severe shortage of candidates or a crit24 ical hiring need for particular positions to carry out the 

25 activities funded under this heading in this title, may from 


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1 within the funds provided under this heading in this title, 

2 recruit and directly appoint highly qualified individuals 

3 into the competitive service: Provided further, That such 

4 authority shall not apply to positions in the Excepted 

5 Service or the Senior Executive Service: Provided further, 

6 That any action authorized herein shall be consistent with 

7 the merit principles of section 2301 of such title 5, and 

8 the Department shall comply with the public notice re9 quirements of section 3327 of such title 5: Provided fur10 ther, That such amount is designated by the Congress as 

11 being for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 NUCLEAR ENERGY

15 For an additional amount for ‘‘Nuclear Energy’’, 

16 $1,250,000,000, to remain available until expended, of 

17 which— 

18 (1) $700,000,000 shall be for the Advanced Re19 actor Demonstration Program; 

20 (2) not less than $192,300,000 shall be for the 

21 Advanced Small Modular Reactor program: Pro22 vided, That the cost share for any demonstration 

23 project shall be up to 50 percent from the Depart24 ment and not less than 50 percent from non-federal 


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1 sources: Provided further, That any demonstration 

2 project must meet the following criteria: 

3 (A) technical feasibility that the dem4 onstration can be operational in five to seven 

5 years; 

6 (B) likelihood that the design can be li7 censed for safe operations by the Nuclear Regu8 latory Commission; 

9 (C) use of certified fuel design or dem10 onstration of a clear path to certification within 

11 five to seven years; 

12 (D) affordability of the design for full-scale 

13 construction and cost of electricity generation; 

14 (E) ability of the team to provide its por15 tion of the cost share; and 

16 (F) technical abilities and qualifications of 

17 teams desiring to demonstrate a proposed ad18 vanced nuclear reactor technology; 

19 (3) $100,000,000 shall be for integrated hydro20 gen-nuclear demonstration projects; 

21 (4) $66,000,000 shall be for construction of the 

22 Sample Preparation Laboratory; 

23 (5) $61,700,000 shall be for Materials and 

24 Fuels Complex Plant Health Investments; and 


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1 (6) $125,000,000 shall be for Advanced Test 

2 Reactor Recapitalization: 

3 Provided, That such amount is designated by the Congress 

4 as being for an emergency requirement pursuant to sec5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985. 

7 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

8 For an additional amount for ‘‘Fossil Energy Re9 search and Development’’, $1,250,000,000, to remain 

10 available until expended, of which— 

11 (1) $750,000,000 shall be for a carbon capture 

12 and utilization technology commercialization pro13 gram to improve the efficiency, effectiveness, cost, 

14 and environmental performance of fossil fuel-fired 

15 facilities, including the industrial sector, through 

16 front end engineering design, commercial demonstra17 tion of advanced carbon capture technology projects, 

18 commercial demonstration of direct air capture tech19 nology projects, and commercialization projects of 

20 large-scale carbon dioxide storage sites in saline geo21 logical formations, including activities exploring, cat22 egorizing, and developing storage sites and necessary 

23 pipeline infrastructure; 

24 (2) not less than $239,500,000 shall be for 

25 demonstrations of negative emissions technologies; 


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1 (3) $23,000,000 shall be for Joule 2 and Joule 

2 3; 

3 (4) $25,000,000 shall be for the Computational 

4 Science and Engineering Center; 

5 (5) $25,000,000 shall be for the Extreme Con6 dition Reactive Fluids Lab; 

7 (6) $25,000,000 shall be for the Materials and 

8 Minerals Characterization Center; 

9 (7) $25,000,000 shall be for the Combustion 

10 Development Facility; 

11 (8) $25,000,000 shall be for the Direct Air 

12 Capture Center; 

13 (9) $20,000,000 shall be for the Center for 

14 Data Analytics and Machine Learning; 

15 (10) $15,000,000 shall be for the Advanced 

16 Alloy Development Facility; 

17 (11) $15,000,000 shall be for the Carbon Utili18 zation Center; 

19 (12) $15,000,000 shall be for the Scale-up Phe20 nomena Laboratory; 

21 (13) $10,000,000 shall be for Materials Engi22 neering Manufacturing laboratory upgrades; 

23 (14) $9,500,000 shall be for NETL campus in24 frastructure utilities; 


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1 (15) $8,000,000 shall be for the Geological En2 vironmental Science Center; 

3 (16) $6,000,000 shall be for Cross Cutting Re4 search and Innovation Center laboratory renova5 tions; and 

6 (17) $4,000,000 shall be for demolition of ex7 cess and aging infrastructure: 

8 Provided, That such amount is designated by the Congress 

9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 

12 NON-DEFENSE ENVIRONMENTAL CLEANUP

13 For an additional amount for ‘‘Non-Defense Environ14 mental Cleanup’’, $200,000,000, to remain available until 

15 expended, of which— 

16 (1) $50,500,000 shall be for the Moab Uranium 

17 Mill Tailings Remedial Action Project; 

18 (2) $48,000,000 shall be for the Energy Tech19 nology Engineering Center; 

20 (3) $45,500,000 shall be for Lawrence Berkeley 

21 National Laboratory; and 

22 (4) $56,000,000 shall be for the West Valley 

23 Demonstration Project: 

24 Provided, That such amount is designated by the Congress 

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

5 For an additional amount for ‘‘Uranium Enrichment 

6 Decontamination and Decommissioning Fund’’, 

7 $240,000,000, to remain available until expended, for nec8 essary expenses related to cleanup of uranium gaseous dif9 fusion plants, of which $120,000,000 shall be for the 

10 Portsmouth Gaseous Diffusion Plant Site and 

11 $120,000,000 shall be for the Paducah Gaseous Diffusion 

12 Site: Provided, That such amount is designated by the 

13 Congress as being for an emergency requirement pursuant 

14 to section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 SCIENCE

17 For an additional amount for ‘‘Science’’, 

18 $6,250,000,000, to remain available until expended, for 

19 necessary expenses related to scientific infrastructure, of 

20 which— 

21 (1) $340,000,000 shall be for procurement of 

22 the exascale systems at the Argonne Leadership 

23 Computing Facility; 


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1 (2) $332,000,000 shall be for procurement of 

2 the exascale systems at the Oak Ridge Leadership 

3 Computing Facility; 

4 (3) $75,000,000 shall be for equipment and in5 frastructure for the Quantum Information Science 

6 Research Centers; 

7 (4) $100,000,000 shall be for existing advanced 

8 computing systems at the Leadership Computing 

9 Facilities; 

10 (5) $20,000,000 shall be for power upgrades at 

11 the National Energy Research Scientific Computing 

12 Center; 

13 (6) $4,530,000 shall be for the Exascale Com14 puting Project; 

15 (7) $2,250,000 shall be for ESnet; 

16 (8) $1,500,000 shall be for National Energy 

17 Research Scientific Computing Center 9 infrastruc18 ture; 

19 (9) $1,300,000 shall be for the Argonne Lead20 ership Computing Facility; 

21 (10) $700,000 shall be for the Oak Ridge Lead22 ership Computing Facility; 

23 (11) $50,000,000 shall be for Environmental 

24 Molecular Sciences Laboratory equipment upgrades; 


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1 (12) $50,000,000 shall be for Joint Genome In2 stitute equipment upgrades; 

3 (13) $50,000,000 shall be for Atmospheric Ra4 diation Measurement User Facility fixed and mobile 

5 sites equipment upgrades; 

6 (14) $214,000,000 shall be for the Linac Co7 herent Light Source-II-High Energy; 

8 (15) $207,300,000 shall be for the Spallation 

9 Neutron Source Second Target Station; 

10 (16) $200,000,000 shall be for Ames main 

11 building modernization; 

12 (17) $170,000,000 shall be for the Advanced 

13 Light Source Upgrade; 

14 (18) $151,000,000 shall be for the Advanced 

15 Photon Source Upgrade; 

16 (19) $91,200,000 shall be for the Spallation 

17 Neutron Source Proton Power Upgrade; 

18 (20) $75,000,000 shall be for the Linac Coher19 ent Light Source-II; 

20 (21) $73,000,000 shall be for the Cryomodule 

21 Repair & Maintenance Facility; 

22 (22) $60,000,000 shall be for Nanoscale 

23 Science Research Centers Recapitalization; 

24 (23) $59,500,000 shall be for NSLS-II Experi25 mental Tools-II; 


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1 (24) $65,000,000 shall be for ITER; 

2 (25) $110,000,000 shall be for the Matter in 

3 Extreme Conditions Upgrade; 

4 (26) $134,254,000 shall be for Materials Plas5 ma Exposure experiment equipment; 

6 (27) $641,000,000 shall be for Long Baseline 

7 Neutrino Facility; 

8 (28) $284,380,000 shall be for the Proton Im9 provement Plan II; 

10 (29) $200,300,000 shall be for Large Hadron 

11 Collider computing and equipment; 

12 (30) $100,000,000 shall be for Wilson Hall ren13 ovations; 

14 (31) $62,000,000 shall be for Cosmic Micro15 wave Background - Stage 4; 

16 (32) $9,000,000 shall be for Muon to Electron 

17 Conversion Experiment equipment; 

18 (33) $6,000,000 shall be for Super Cryogenic 

19 Dark Matter Search equipment; 

20 (34) $2,100,000 shall be for the Large Synoptic 

21 Survey Telescope project; 

22 (35) $448,200,000 shall be for the Electron Ion 

23 Collider; 

24 (36) $202,900,000 shall be for the U.S. Stable 

25 Isotope Production and Research Center; 


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1 (37) $145,500,000 shall be for Ton Scale 

2 Neutrinoless Double Beta Decay equipment; 

3 (38) $87,000,000 shall be for the High Rigidity 

4 Spectrometer; 

5 (39) $45,000,000 shall be for isotope capabili6 ties at the Facility for Rare Isotope Beams; 

7 (40) $43,100,000 shall be for Measurement of 

8 a Lepton-Lepton Electroweak Reaction equipment; 

9 (41) $39,100,000 shall be for the Gamma-Ray 

10 Energy Tracking Array; 

11 (42) $2,400,000 shall be for Super Pioneering 

12 High Energy Nuclear Interaction Experiment equip13 ment; 

14 (43) $1,000,000 shall be for Facility for Rare 

15 Isotope Beams construction; 

16 (44) $77,000,000 shall be for the Utilities In17 frastructure Project; 

18 (45) $65,000,000 shall be for the ORNL Infra19 structure Improvements project; 

20 (46) $63,000,000 shall be for the Linear Assets 

21 Modernization Project; 

22 (47) $211,036,000 shall be for General Plant 

23 Projects; 

24 (48) $73,000,000 shall be for the Argonne Util25 ities Upgrade project; 


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1 (49) $107,000,000 shall be for the Critical Util2 ities Infrastructure Revitalization project; 

3 (50) $52,000,000 shall be for the Critical Utili4 ties Rehabilitation Project; 

5 (51) $83,750,000 shall be for the BioEPIC 

6 Building; 

7 (52) $59,000,000 shall be for the Princeton 

8 Plasma Innovation Center; 

9 (53) $70,000,000 shall be for CEBAF Renova10 tion and Expansion; 

11 (54) $59,500,000 shall be for the Critical Infra12 structure Recovery and Renewal project; 

13 (55) $75,400,000 shall be for the Seismic and 

14 Safety Modernization project; 

15 (56) $50,000,000 shall be for the Craft Re16 source Facility; 

17 (57) $45,000,000 shall be for the Large Scale 

18 Collaboration Center; 

19 (58) $43,000,000 shall be for the Science User 

20 Support Center; 

21 (59) $39,750,000 shall be for the Translational 

22 Research Capacity construction project; 

23 (60) $28,000,000 shall be for the Ames Infra24 structure Modernization project; 


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1 (61) $5,750,000 shall be for the Energy 

2 Sciences Capability project; 

3 (62) $5,500,000 shall be for the Integrated En4 gineering Research Center; 

5 (63) $1,400,000 shall be for Tritium System 

6 Demolition and Disposal; 

7 (64) $1,300,000 shall be for the Core Facility 

8 Revitalization construction project; 

9 (65) $1,000,000 shall be for the Electrical Ca10 pacity and Distribution Capability project; 

11 (66) $65,000,000 shall be for the TJNAF In12 frastructure Improvement project; and 

13 (67) $12,100,000 shall be for addressing Office 

14 of Science cybersecurity infrastructure deficiencies: 

15 Provided, That such amount is designated by the Congress 

16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

20 For an additional amount for ‘‘Advanced Research 

21 Projects Agency—Energy’’, $250,000,000, to remain 

22 available until expended, for necessary expenses for dem23 onstration projects: Provided, That such amount is des24 ignated by the Congress as being for an emergency reVerDate Sep 11 2014 19:08 Jul 15, 2020 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H7613.RH H7613

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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

4 For an additional amount for ‘‘Office of Indian En5 ergy Policy and Programs’’, $150,000,000, to remain 

6 available until expended, for necessary expenses for the 

7 development and deployment of energy infrastructure on 

8 Indian lands that results in the reduction of energy costs, 

9 assistance in economic development, and electrification in 

10 tribal communities: Provided, That such funds shall not 

11 be subject to cost share requirements: Provided further, 

12 That such amount is designated by the Congress as being 

13 for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of the Inspector 

18 General’’, $20,000,000, to remain available until ex19 pended, for necessary expenses of the Office of the Inspec20 tor General in carrying out the provisions of the Inspector 

21 General Act of 1978 (Public Law 95–452), as amended, 

22 and for providing oversight of the funds provided for the 

23 Department of Energy in this title: Provided, That such 

24 amount is designated by the Congress as being for an 

25 emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 For an additional amount for ‘‘Defense Environ5 mental Cleanup’’, $2,685,000,000, to remain available 

6 until expended, of which— 

7 (1) $941,000,000 shall be for the Hanford Site, 

8 of which— 

9 (A) $350,000,000 shall be for site infra10 structure upgrades; 

11 (B) $230,000,000 shall be for tank farm 

12 infrastructure; 

13 (C) $175,000,000 shall be for Area 105 K 

14 West Basin disposition; 

15 (D) $71,000,000 shall be for Area 300/296 

16 Waste Site remediation; 

17 (E) $50,000,000 shall be for River Cor18 ridor decontamination and decommissioning; 

19 (F) $35,000,000 shall be for tank farm 

20 evaporator upgrades; and 

21 (G) $30,000,000 shall be for A/AX farms 

22 single shell tank retrievals; 

23 (2) $711,000,000 shall be for the Savannah 

24 River Site, of which— 


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1 (A) $200,000,000 shall be for H Canyon 

2 Basin Dewatering Project; 

3 (B) $140,000,000 shall be for building 

4 235-F decontamination and decommissioning; 

5 (C) $82,000,000 shall be for utilities sys6 tem upgrades; 

7 (D) $75,000,000 shall be for roads and re8 lated infrastructure; 

9 (E) $75,000,000 shall be for critical spares 

10 and infrastructure at the Defense Waste Proc11 essing Facility; 

12 (F) $60,000,000 shall be for Separations 

13 Engineering Development decontamination and 

14 decommissioning; 

15 (G) $32,000,000 shall be for Salt Disposal 

16 Units 8-12; 

17 (H) $25,000,000 shall be for the Nuclear 

18 Materials Storage Vault; and 

19 (I) $22,000,000 shall be for Defense 

20 Waste Processing Facility laboratory instru21 ments and computers; 

22 (3) $375,000,000 shall be for the Waste Isola23 tion Pilot Plant, of which— 

24 (A) $200,000,000 shall be for the Hoist 

25 Capability Project; 


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1 (B) $90,000,000 shall be for the Safety 

2 Significant Ventilation Confinement System; 

3 (C) $55,000,000 shall be for shipping sys4 tem upgrades and shielded containers; and 

5 (D) $30,000,000 shall be for underground 

6 combustion fume reduction activities; 

7 (4) $240,000,000 shall be for the Idaho Site, of 

8 which— 

9 (A) $124,000,000 shall be for accelerated 

10 cleanup, decontamination and decommissioning, 

11 and groundwater; 

12 (B) $72,000,000 shall be for infrastructure 

13 improvements, 

14 (C) $24,000,000 shall be for shielded con15 tainers and assay equipment; and 

16 (D) $20,000,000 shall be for Idaho Nu17 clear Technology and Engineering Center infra18 structure; 

19 (5) $140,000,000 shall be for the Oak Ridge 

20 Site, of which— 

21 (A) $90,000,000 shall be for Y-12 Na22 tional Security Complex and Oak Ridge Na23 tional Laboratory excess facilities decontamina24 tion and decommissioning; 


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1 (B) $30,000,000 shall be for liquid gas2 eous waste operating facilities decontamination 

3 and decommissioning; and 

4 (C) $20,000,000 shall be for Transuranic 

5 Waste Processing Center infrastructure; 

6 (6) $170,000,000 shall be for Lawrence Liver7 more National Laboratory excess facilities decon8 tamination and decommissioning; 

9 (7) $58,000,000 shall be for Los Alamos excess 

10 facilities decontamination and decommissioning; and 

11 (8) $50,000,000 shall be for Los Alamos middle 

12 DP road site investigation and remediation: 

13 Provided, That such amount is designated by the Congress 

14 as being for an emergency requirement pursuant to sec15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 

17 OTHER DEFENSE ACTIVITIES

18 For an additional amount for ‘‘Other Defense Activi19 ties’’, $50,000,000, to remain available until expended, for 

20 necessary expenses related to secure compartmented intel21 ligence facility infrastructure and IT modernization: Pro22 vided, That funds made available under this paragraph for 

23 intelligence activities are deemed to be specifically author24 ized by Congress for purposes of section 504 of the Na25 tional Security Act of 1947 (50 U.S.C. 3094): Provided 


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1 further, That such amount is designated by the Congress 

2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 

5 GENERAL PROVISIONS—ADDITIONAL 

6 INFRASTRUCTURE INVESTMENTS 

7 SEC. 601. The heads of agencies funded under this 

8 title shall submit a monthly report to the Committees on 

9 Appropriations of the House of Representatives and the 

10 Senate detailing the allocation, obligation, and expendi11 tures of these funds, including new projects selected to be 

12 initiated with funds provided in this title, beginning not 

13 later than 45 days after the date of enactment of this Act. 

14 SEC. 602. The Secretary of Energy shall, in consulta15 tion with the Secretaries of Health and Human Services, 

16 Housing and Urban Development, and Veterans Affairs, 

17 develop an inter-agency collaboration effort to increase 

18 cross-participation in the Department of Energy’s Weath19 erization Assistance Program, the Department of Health 

20 and Human Services Low Income Home Energy Assist21 ance Program, the HUD Lead Hazard Control and 

22 Healthy Homes Program, and the Department of Vet23 erans Affairs. 

24 SEC. 603. The Secretary of Energy shall, within 

25 funds made available in this title, distribute funds to WAP 


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1 grantees via the formula in part A of title IV of the En2 ergy Conservation and Production Act (Public Law 94– 

3 385; 42 U.S.C. 6861 et seq.), for the purpose of innovative 

4 activities that will increase the number of dwelling units 

5 that become weatherization-ready through critical repairs, 

6 promote the deployment of renewable energy systems and 

7 emerging technologies, include community-based weather8 ization concepts, and improve indoor environments 

9 through healthy homes measures. Grantees may also use 

10 such funds for innovative outreach and education, quality 

11 control of work performed, data collection, measurement, 

12 verification, program monitoring, oversight, evaluation, re13 porting, training, and planning related to such work. Such 

14 funding is not subject to the savings-to-investment ratio 

15 requirements in 10 CFR § 440.21. 

16 SEC. 604. (a) Section 415(c)(1) of the Energy Con17 servation and Production Act (Public Law 94–385; 42 

18 U.S.C. 6865(c)(1)) is amended by striking ‘‘$6,500’’ and 

19 inserting ‘‘$10,000’’. 

20 (b) Section 415(a)(1) of the Energy Conservation and 

21 Production Act (Public Law 94–385; 42 U.S.C. 

22 6865(a)(1)) is amended by striking ‘‘10 percent’’ and in23 serting ‘‘12.5 percent’’. 

24 (c) Paragraph (2) of section 415(c) of the Energy 

25 Conservation and Production Act (Public Law 94–385; 42 


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1 U.S.C. 6865(c)(2)) is amended to read as follows: ‘‘(2) 

2 Dwelling units weatherized (including dwelling units par3 tially weatherized) under this part, or under other Federal 

4 programs (in this paragraph referred to as ‘previous 

5 weatherization’), may not receive further financial assist6 ance for weatherization under this part until the date that 

7 is 15 years after the date such previous weatherization 

8 was completed. This paragraph does not preclude dwelling 

9 units that have received previous weatherization from re10 ceiving assistance and services (including the provision of 

11 information and education to assist with energy manage12 ment and evaluation of the effectiveness of installed 

13 weatherization materials) other than weatherization under 

14 this part or under other Federal programs, or from receiv15 ing non-Federal assistance for weatherization.’’. 

16 SEC. 605. (a) No later than 6 months after the date 

17 of enactment of this Act, the Secretary of Energy, in co18 ordination with the Secretary of Commerce, shall— 

19 (1) determine any geographic area within the 

20 contiguous United States that lacks a Federal power 

21 marketing agency; 

22 (2) develop a plan or criteria for the geographic 

23 areas identified in paragraph (1) regarding invest24 ment in renewable energy and associated infrastruc25 ture within an area identified in paragraph (1); and 


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1 (3) identify any Federal agency within an area 

2 in paragraph (1) that has, or could develop, the abil3 ity to facilitate the investment in paragraph (2). 

4 (b) The Secretary of Energy, in coordination with the 

5 Secretary of Commerce, shall provide the determinations 

6 made under subsection (a) to the Committee on Appro7 priations and the Committee on Energy and Commerce 

8 of the House of Representatives. 

9 (c) Based upon the determinations made pursuant to 

10 subsection (a), the Secretary of Energy, in coordination 

11 with the Secretary of Commerce, shall recommend to the 

12 Committee on Energy and Commerce of the House of 

13 Representatives the establishment of any new Federal 

14 lending authority, including authorization of additional 

15 lending authority for existing Federal agencies, not to ex16 ceed $3,500,000,000 per geographic area identified in 

17 subsection (a)(1). 

18 (d) There is hereby appropriated $25,000,000 to 

19 carry out this section. 

20 (e) The amounts provided by this section are des21 ignated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 

24 SEC. 606. (a) Requirements relating to non-Federal 

25 cost-share grants and cooperative agreements for the 


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1 Delta Regional Authority under section 382D of the Agri2 cultural Act of 1961 and Consolidated Farm and Rural 

3 Development Act (7 U.S.C. 2009aa—3) are waived for 

4 grants awarded in fiscal year 2020 and in subsequent 

5 years in response to economic distress directly related to 

6 the impacts of the Coronavirus Disease (COVID-19). 

7 (b) Requirements relating to non-Federal cost-share 

8 grants and cooperative agreements for the Northern Bor9 der Regional Commission under section 15501(d) of title 

10 40, United States Code, are waived for grants awarded 

11 in fiscal year 2020 and in subsequent years in response 

12 to economic distress directly related to the impacts of the 

13 Coronavirus Disease (COVID-19). 

14 (c) Requirements relating to non-Federal cost-share 

15 grants and cooperative agreements for the Denali Com16 mission are waived for grants awarded in fiscal year 2020 

17 and in subsequent years in response to economic distress 

18 directly related to the impacts of the Coronavirus Disease 

19 (COVID-19). 

20 SEC. 607. Each amount designated in this Act by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985 shall be available 

24 (or rescinded or transferred, if applicable) only if the 


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1 President subsequently so designates all such amounts 

2 and transmits such designations to the Congress. 

3 This Act may be cited as the ‘‘Energy and Water De4 velopment and Related Agencies Appropriations Act, 

5 2021’’. 


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Union Calendar No. 361 

116TH CONGRESS 

2D SESSION H. R. 7613 

[Report No. 116–449] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2021, and for other pur- opment and related agencies for the fiscal year 

JULY 15, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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