II 

Calendar No. 101 

113TH CONGRESS 

1ST SESSION S. 1245 

[Report No. 113–47] 

Making appropriations for energy and water development and related agencies 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2013 

Mrs. FEINSTEIN, from the Committee on Appropriations, reported the 

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

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2014, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

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

6 fiscal year ending September 30, 2014, and for other pur7 poses, namely: 
2 

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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

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

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

11 GENERAL INVESTIGATIONS

12 For expenses necessary where authorized by law for 

13 the collection and study of basic information pertaining 

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

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

17 and specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic 

19 ecosystem restoration, projects and related efforts prior to 

20 construction; for restudy of authorized projects; and for 

21 miscellaneous investigations, and, when authorized by law, 

22 surveys and detailed studies, and plans and specifications 

23 of projects prior to construction, $120,000,000, to remain 

24 available until expended. 
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1 CONSTRUCTION, GENERAL

2 For expenses necessary for the construction of river 

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

5 projects authorized by law; for conducting detailed studies, 

6 and plans and specifications, of such projects (including 

7 those involving participation by States, local governments, 

8 or private groups) authorized or made eligible for selection 

9 by law (but such detailed studies, and plans and specifica10 tions, shall not constitute a commitment of the Govern11 ment to construction); $1,542,000,000, to remain avail12 able until expended; of which such sums as are necessary 

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

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

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

18 of construction, replacement, rehabilitation, and expansion 

19 of inland waterways projects shall be derived from the In20 land Waterways Trust Fund: Provided, That during the 

21 fiscal year period covered by this Act, none of the funding 

22 proposed for Olmsted Lock and Dam, Ohio River, Illinois 

23 and Kentucky, shall be derived from the Inland Water24 ways Trust Fund. 
4 

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1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for flood damage reduction 

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

5 by law, $300,000,000, to remain available until expended, 

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

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

10 OPERATION AND MAINTENANCE

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

13 storm damage reduction, aquatic ecosystem restoration, 

14 and related projects authorized by law; providing security 

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

17 harbor channels provided by a State, municipality, or 

18 other public agency that serve essential navigation needs 

19 of general commerce, where authorized by law; surveying 

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

22 removing obstructions to navigation, $2,700,000,000, to 

23 remain available until expended, of which such sums as 

24 are necessary to cover the Federal share of eligible oper25 ation and maintenance costs for coastal harbors and chan-
5 

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

4 Engineers established by the Land and Water Conserva5 tion Fund Act of 1965 (16 U.S.C. 460l–6a(i)), as amend6 ed, shall be derived from that account for resource protec7 tion, research, interpretation, and maintenance activities 

8 related to resource protection in the areas at which out9 door recreation is available; and of which such sums as 

10 become available from fees collected under section 217 of 

11 Public Law 104–303 shall be used to cover the cost of 

12 operation and maintenance of the dredged material dis13 posal facilities for which such fees have been collected: 

14 Provided, That 1 percent of the total amount of funds pro15 vided for each of the programs, projects or activities fund16 ed under this heading shall not be allocated to a field oper17 ating activity prior to the beginning of the fourth quarter 

18 of the fiscal year and shall be available for use by the Chief 

19 of Engineers to fund such emergency activities as the 

20 Chief of Engineers determines to be necessary and appro21 priate, and that the Chief of Engineers shall allocate dur22 ing the fourth quarter any remaining funds which have 

23 not been used for emergency activities proportionally in 

24 accordance with the amounts provided for the programs, 

25 projects or activities. 
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1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $200,000,000, to remain available until September 30, 

5 2015. 

6 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

7 For expenses necessary to clean up contamination 

8 from sites in the United States resulting from work per9 formed as part of the Nation’s early atomic energy pro10 gram, $195,000,000, to remain available until expended. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

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

14 operations, repairs, and other activities in response to 

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

17 GENERAL EXPENSES

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

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

24 Army Engineer Research and Development Center, and 

25 the United States Army Corps of Engineers Finance Cen-
7 

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

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

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

4 representation purposes and only during the current fiscal 

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

6 provided in title I of this Act shall be available to fund 

7 the civil works activities of the Office of the Chief of Engi8 neers or the civil works executive direction and manage9 ment activities of the division offices: Provided further, 

10 That any Flood Control and Coastal Emergencies appro11 priation may be used to fund the supervision and general 

12 administration of emergency operations, repairs, and other 

13 activities in response to any flood, hurricane, or other nat14 ural disaster. 

15 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

16 FOR CIVIL WORKS

17 For the Office of the Assistant Secretary of the Army 

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

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

20 ADMINISTRATIVE PROVISION

21 The Revolving Fund, Corps of Engineers, shall be 

22 available during the current fiscal year for purchase (not 

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

24 motor vehicles for the civil works program. 
8 

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1 GENERAL PROVISIONS—CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFERS OF FUNDS)

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

5 of this Act, or provided by previous appropriations Acts 

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

7 that remain available for obligation or expenditure in fiscal 

8 year 2014, shall be available for obligation or expenditure 

9 through a 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 or personnel for any pro14 gram, project, or activity for which funds have been 

15 denied or restricted by this Act, unless prior ap16 proval is received from the House and Senate Com17 mittees on Appropriations; 

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

19 activity for a different purpose, unless prior approval 

20 is received from the House and Senate Committees 

21 on Appropriations; 

22 (5) augments or reduces existing programs, 

23 projects or activities in excess of the amounts con24 tained in subsections 6 through 10, unless prior ap-
9 

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1 proval is received from the House and Senate Com2 mittees on Appropriations; 

3 (6) GENERAL INVESTIGATIONS.—For a base 

4 level over $100,000, reprogramming of 25 percent of 

5 the base amount up to a limit of $150,000 per 

6 project, study or activity is allowed: Provided, That 

7 for a base level less than $100,000, the reprogram8 ming limit is $25,000: Provided further, That up to 

9 $25,000 may be reprogrammed into any continuing 

10 study or activity that did not receive an appropria11 tion for existing obligations and concomitant admin12 istrative expenses; 

13 (7) CONSTRUCTION, GENERAL.—For a base 

14 level over $2,000,000, reprogramming of 15 percent 

15 of the base amount up to a limit of $3,000,000 per 

16 project, study or activity is allowed: Provided, That 

17 for a base level less than $2,000,000, the re18 programming limit is $300,000: Provided further, 

19 That up to $3,000,000 may be reprogrammed for 

20 settled contractor claims, changed conditions, or real 

21 estate deficiency judgments: Provided further, That 

22 up to $300,000 may be reprogrammed into any con23 tinuing study or activity that did not receive an ap24 propriation for existing obligations and concomitant 

25 administrative expenses; 
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1 (8) OPERATION AND MAINTENANCE.—Unlim2 ited reprogramming authority is granted in order for 

3 the Corps to be able to respond to emergencies: Pro4 vided, That the Chief of Engineers must notify the 

5 House and Senate Committees on Appropriations of 

6 these emergency actions as soon thereafter as prac7 ticable: Provided further, That for a base level over 

8 $1,000,000, reprogramming of 15 percent of the 

9 base amount a limit of $5,000,000 per project, study 

10 or activity is allowed: Provided further, That for a 

11 base level less than $1,000,000, the reprogramming 

12 limit is $150,000: Provided further, That $150,000 

13 may be reprogrammed into any continuing study or 

14 activity that did not receive an appropriation; 

15 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

16 The same reprogramming guidelines for the Inves17 tigations, Construction, and Operation and Mainte18 nance portions of the Mississippi River and Tribu19 taries Account as listed above; and 

20 (10) FORMERLY UTILIZED SITES REMEDIAL AC21 TION PROGRAM.—Reprogramming of up to 15 per22 cent of the base of the receiving project is permitted. 

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

24 should a reprogramming for less than $50,000 be sub-
11 

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1 mitted to the House and Senate Committees on Appro2 priations. 

3 (c) CONTINUING AUTHORITIES PROGRAM.—Sub4 section (a)(1) shall not apply to any project or activity 

5 funded under the continuing authorities program. 

6 (d) Not later than 60 days after the date of enact7 ment of this Act, the Corps of Engineers shall submit a 

8 report to the House and Senate Committees on Appropria9 tions to establish the baseline for application of re10 programming and transfer authorities for the current fis11 cal year: Provided, That the report shall include: 

12 (1) A table for each appropriation with a sepa13 rate column to display the President’s budget re14 quest, adjustments made by Congress, adjustments 

15 due to enacted rescissions, if applicable, and the fis16 cal year enacted level; 

17 (2) A delineation in the table for each appro18 priation both by object class and program, project 

19 and activity as detailed in the budget appendix for 

20 the respective appropriations; and. 

21 (3) An identification of items of special congres22 sional interest. 

23 SEC. 102. None of the funds in this Act, or previous 

24 Acts, making funds available for Energy and Water Devel25 opment, shall be used to award any continuing contract 
12 

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1 that commits additional funding from the Inland Water2 ways Trust Fund unless or until such time that a long3 term mechanism to enhance revenues in this Fund suffi4 cient to meet the cost-sharing authorized in the Water Re5 sources Development Act of 1986 (Public Law 99–662) 

6 is enacted. 

7 SEC. 103. During the fiscal year period covered by 

8 this Act, the Secretary of the Army is authorized to imple9 ment measures recommended in the efficacy study author10 ized under section 3061 of the Water Resources Develop11 ment Act of 2007 (121 Stat. 1121) or in interim reports, 

12 with such modifications or emergency measures as the 

13 Secretary of the Army determines to be appropriate, to 

14 prevent aquatic nuisance species from dispersing into the 

15 Great Lakes by way of any hydrologic connection between 

16 the Great Lakes and the Mississippi River Basin. 

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

18 to the Fish and Wildlife Service, and the Fish and Wildlife 

19 Service may accept and expend, up to $4,600,000 of funds 

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

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

22 of Engineers projects. 

23 SEC. 105. Section 3(a)(6) of Public Law 100–676 is 

24 amended by striking both occurrences of ‘‘$775,000,000’’ 

25 and inserting in lieu thereof, ‘‘$2,918,000,000’’. 
13 

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1 SEC. 106. That portion of the project for navigation, 

2 Ipswich River, Massachusetts adopted by the Rivers and 

3 Harbor Act of August 5, 1886 consisting of a 4-foot chan4 nel located at the entrance to the harbor at Ipswich Har5 bor, lying northwesterly of a line commencing at: 

6 N3074938.09, E837154.87, thence running easterly 

7 about 60 feet to a point with coordinates N3074972.62, 

8 E837203.93, is no longer authorized as a Federal project 

9 after the date of enactment of this Act. 

10 SEC. 107. That portion of the project of navigation, 

11 Chicago Harbor, Illinois, authorized by the River and Har12 bor Acts of March 3, 1899 and March 2, 1919, and that 

13 begins at the southwest corner of the Metropolitan Sani14 tary District of Greater Chicago sluice gate that abuts the 

15 north wall of the Chicago River Lock and that continues 

16 north for approximately 290 feet, thence east approxi17 mately 1,000 feet, then south approximately 290 feet, 

18 thence west approximately 1,000 feet to the point of begin19 ning shall no longer be authorized as a Federal project 

20 after the date of enactment of this Act. 

21 SEC. 108. Beginning on the date of enactment of this 

22 Act, the Secretary is no longer authorized to carry out 

23 the portion of the project for navigation, Warwick Cove, 

24 Rhode Island, authorized by section 107 of the River and 

25 Harbor Act of 1960 (33 U.S.C. 577) that is located within 
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1 the 5 acre anchorage area east of the channel and lying 

2 east of the line beginning at a point with coordinates 

3 N220,349.79, E357,664.90 thence running north 9 de4 grees 10 minutes 21.5 seconds west 170.38 feet to a point 

5 N220,517.99, E357,637.74 thence running north 17 de6 grees 44 minutes 30.4 seconds west 165.98 feet to a point 

7 N220,676.08, E357,587.16 thence running north 0 de8 grees 46 minutes 0.9 seconds east 138.96 feet to a point 

9 N220,815.03, E357,589.02 thence running north 8 de10 grees 36 minutes 22.9 seconds east 101.57 feet to a point 

11 N220,915.46, E357,604.22 thence running north 18 de12 grees 18 minutes 27.3 seconds east 168.20 feet to a point 

13 N221,075.14, E357,657.05 thence running north 34 de14 grees 42 minutes 7.2 seconds east 106.4 feet to a point 

15 N221,162.62,209 E357,717.63 thence running south 29 

16 degrees 14 minutes 17.4 seconds east 26.79 feet to a point 

17 N221,139.24, E357,730.71 thence running south 30 de18 grees 45 minutes 30.5 seconds west 230.46 feet to a point 

19 N220,941.20, E357,612.85 thence running south 10 de20 grees 49 minutes12.0 seconds west 95.46 feet to a point 

21 N220,847.44, E357,594.93 thence running south 9 de22 grees 13 minutes 44.5 seconds east 491.68 feet to a point 

23 N220,362.12, E357,673.79 thence running south 35 de24 grees 47 minutes 19.4 seconds west 15.20 feet to the point 

25 of origin. 
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1 SEC. 109. The project for flood control, Little Cal2 umet River, Indiana, authorized by section 401(a) of the 

3 Water Resources Development Act of 1986 (Public Law 

4 99–662; 100 Stat. 4115), is modified to authorize the Sec5 retary to carry out the project at a total cost of 

6 $269,988,000 with an estimated Federal cost of 

7 $202,800,000 and an estimated non-Federal cost of 

8 $67,188,000. 

9 SEC. 110. (a) The Secretary is authorized to carry 

10 over credits in excess of the Non-Federal Sponsor’s share 

11 of total project cost between the C–111 South Dade 

12 project, authorized by section 203 of the Flood Control 

13 Act of 1948 (62 Stat. 1176) and modified by section 203 

14 of the Flood Control Act of 1968 (82 Stat. 740–741) and 

15 section 316 of the Water Resources Development Act of 

16 1996 (110 Stat. 3715), and the Kissimmee River project, 

17 authorized in section 101(8) of the Water Resources De18 velopment Act of 1992 (106 Stat. 4802). Nothing in this 

19 subsection affects the authorized cost sharing of these 

20 projects. 

21 (b) Section 101(8) of the Water Resources Develop22 ment Act of 1992 (106 Stat. 4802) is amended to combine 

23 the two current authorized total project costs for the eco24 system restoration and headwaters revitalization projects 

25 into a single authorized total project cost— 
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1 (1) By striking ‘‘at a total cost of 

2 $426,885,000, with an estimated Federal cost of 

3 $139,943,000 and an estimated non-Federal cost of 

4 $286,942,000. The Secretary is further authorized 

5 to construct’’ and inserting ‘‘and’’; and 

6 (2) By striking ‘‘, at a total cost of 

7 $92,210,000, with an estimated Federal cost of 

8 $46,105,000 and an estimated non-Federal cost of 

9 $46,105,000.’’ and inserting ‘‘. The total cost of the 

10 ecosystem restoration and headwaters revitalization 

11 projects is $519,095,000, with an estimated Federal 

12 cost of $186,048,000 and an estimated non-Federal 

13 cost of $333,047,000.’’. 

14 (c) The amendment made by subsection (b) is effec15 tive October 31, 1992. 

16 SEC. 111. (a) Section 1001(17)(A) of Public Law 

17 110–114 is amended— 

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

19 lieu thereof, ‘‘$152,510,000’’; 

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

21 lieu thereof, ‘‘$92,007,000’’; and 

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

23 lieu thereof, ‘‘$60,503,000’’. 

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

25 take effect as of November 8, 2007. 
17 

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1 SEC. 112. The Cape Arundel Disposal Site in the 

2 State of Maine selected by the Department of the Army 

3 as an alternative dredged material disposal site under sec4 tion 103(b) of the Marine Protection Research and Sanc5 tuaries Act of 1972, as amended, shall remain open until 

6 the remaining disposal capacity of the site has been uti7 lized, or until completion of an Environmental Impact 

8 Statement to support final designation of an Ocean 

9 Dredged Material Disposal Site for southern Maine under 

10 section 102(c) of the Marine Protection Research and 

11 Sanctuaries Act of 1972, as amended, whichever first oc12 curs, provided that the site conditions remain suitable for 

13 such purpose and that the site may not be used for dis14 posal of more than 80,000 cubic yards from any single 

15 dredging project. 

16 SEC. 113. In accordance with Public Law 99–173, 

17 section 122, the Little Rock District is to be a full service 

18 district and none of the funds made available in this Act, 

19 or in any future Acts, shall be used toward efforts that 

20 will result in reducing the expertise or personnel needed 

21 to plan and implement programs, projects or activities exe22 cuted by the Little Rock District. 

23 SEC. 114. None of the funds provided in title I of 

24 this Act or prior Acts providing funding for the Corps of 

25 Engineers, shall be used to relocate or consolidate general 
18 

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1 and administrative functions in the Chicago District of the 

2 Corps of Engineers. 

3 TITLE II 

4 DEPARTMENT OF THE INTERIOR 

5 BUREAU OF RECLAMATION

6 The following appropriations shall be expended to 

7 execute authorized functions of the Bureau of Reclama8 tion: 

9 WATER AND RELATED RESOURCES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For management, development, and restoration of 

12 water and related natural resources and for related activi13 ties, including the operation, maintenance, and rehabilita14 tion of reclamation and other facilities, participation in 

15 fulfilling related Federal responsibilities to Native Ameri16 cans, and related grants to, and cooperative and other 

17 agreements with, State and local governments, federally 

18 recognized Indian tribes, and others, $945,796,000, to re19 main available until expended, of which $28,000 shall be 

20 available for transfer to the Upper Colorado River Basin 

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

22 Lower Colorado River Basin Development Fund; of which 

23 such amounts as may be necessary may be advanced to 

24 the Colorado River Dam Fund: Provided, That such trans25 fers may be increased or decreased within the overall ap-
19 

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1 propriation under this heading: Provided further, That of 

2 the total appropriated, the amount for program activities 

3 that can be financed by the Reclamation Fund or the Bu4 reau of Reclamation special fee account established by 16 

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

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

7 395 are available until expended for the purposes for 

8 which contributed: Provided further, That funds advanced 

9 under 43 U.S.C. 397a shall be credited to this account 

10 and are available until expended for the same purposes 

11 as the sums appropriated under this heading: Provided 

12 further, That of the amounts provided herein, funds may 

13 be used for high-priority projects which shall be carried 

14 out by the Youth Conservation Corps, as authorized by 

15 16 U.S.C. 1706. 

16 CENTRAL VALLEY PROJECT RESTORATION FUND

17 For carrying out the programs, projects, plans, habi18 tat restoration, improvement, and acquisition provisions of 

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

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

21 Central Valley Project Restoration Fund pursuant to sec22 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

23 102–575, to remain available until expended: Provided, 

24 That the Bureau of Reclamation is directed to assess and 

25 collect the full amount of the additional mitigation and 
20 

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1 restoration payments authorized by section 3407(d) of 

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

3 funds made available under this heading may be used for 

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

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

6 by a court adopted decree or order. 

7 CALIFORNIA BAY-DELTA RESTORATION

8 (INCLUDING TRANSFERS OF FUNDS)

9 For carrying out activities authorized by the Water 

10 Supply, Reliability, and Environmental Improvement Act 

11 (Public Law 108–361), consistent with plans to be ap12 proved by the Secretary of the Interior, $37,000,000, to 

13 remain available until expended, of which such amounts 

14 as may be necessary to carry out such activities may be 

15 transferred to appropriate accounts of other participating 

16 Federal agencies to carry out authorized purposes: Pro17 vided, That funds appropriated herein may be used for 

18 the Federal share of the costs of CALFED Program man19 agement: Provided further, That CALFED implementa20 tion shall be carried out in a balanced manner with clear 

21 performance measures demonstrating concurrent progress 

22 in achieving the goals and objectives of the program. 

23 CENTRAL UTAH PROJECT COMPLETION

24 For carrying out activities authorized by the Central 

25 Utah Project Completion Act, $2,200,000, to remain 
21 

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1 available until expended, of which $1,000,000 shall be de2 posited into the Utah Reclamation Mitigation and Con3 servation Account for use by the Utah Reclamation Miti4 gation and Conservation Commission. For an additional 

5 amount, $1,300,000, to remain available until September 

6 30, 2015, is provided for necessary expenses incurred in 

7 carrying out related responsibilities of the Secretary of the 

8 Interior. 

9 For fiscal year 2014, the Commission may use an 

10 amount not to exceed $1,500,000 for administrative ex11 penses. 

12 POLICY AND ADMINISTRATION

13 For necessary expenses of policy, administration, and 

14 related functions in the Office of the Commissioner, the 

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

16 of Reclamation, to remain available until September 30, 

17 2015, $60,000,000, to be derived from the Reclamation 

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

19 377: Provided, That no part of any other appropriation 

20 in this Act shall be available for activities or functions 

21 budgeted as policy and administration expenses. 

22 ADMINISTRATIVE PROVISION

23 Appropriations for the Bureau of Reclamation shall 

24 be available for purchase of not to exceed five passenger 

25 motor vehicles, which are for replacement only. 
22 

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1 GENERAL PROVISIONS—DEPARTMENT OF THE 

2 INTERIOR 

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

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

5 by previous appropriations Acts to the agencies or entities 

6 funded in title II of this Act for Water and Related Re7 sources that remain available for obligation or expenditure 

8 in fiscal year 2014, shall be available for obligation or ex9 penditure through a reprogramming of funds that— 

10 (1) initiates or creates 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, unless prior approval is received 

16 from the Committees on Appropriations of the 

17 House of Representatives and the Senate; 

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

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

20 unless prior approval is received from the Commit21 tees on Appropriations of the House of Representa22 tives and the Senate; 

23 (5) transfers funds in excess of the following 

24 limits, unless prior approval is received from the 
23 

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1 Committees on Appropriations of the House of Rep2 resentatives and the Senate: 

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

4 activity for which $2,000,000 or more is avail5 able at the beginning of the fiscal year; or 

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

7 activity for which less than $2,000,000 is avail8 able at the beginning of the fiscal year; 

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

10 the Facilities Operation, Maintenance, and Rehabili11 tation category or the Resources Management and 

12 Development category to any program, project, or 

13 activity in the other category, unless prior approval 

14 is received from the Committees on Appropriations 

15 of the House of Representatives and the Senate; or 

16 (7) transfers, where necessary to discharge legal 

17 obligations of the Bureau of Reclamation, more than 

18 $5,000,000 to provide adequate funds for settled 

19 contractor claims, increased contractor earnings due 

20 to accelerated rates of operations, and real estate de21 ficiency judgments, unless prior approval is received 

22 from the Committees on Appropriations of the 

23 House of Representatives and the Senate. 
24 

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

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

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

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

6 project, or activity. 

7 (d) The Bureau of Reclamation shall submit reports 

8 on a quarterly basis to the Committees on Appropriations 

9 of the House of Representatives and the Senate detailing 

10 all the funds reprogrammed between programs, projects, 

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

13 date of enactment of this Act. 

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

17 for the San Luis Unit until development by the Secretary 

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

19 shall conform to the water quality standards of the State 

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

23 (b) The costs of the Kesterson Reservoir Cleanup 

24 Program and the costs of the San Joaquin Valley Drain25 age Program shall be classified by the Secretary of the 
25 

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1 Interior as reimbursable or nonreimbursable and collected 

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

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

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

7 prepared by the Department of the Interior, Bureau of 

8 Reclamation. Any future obligations of funds by the 

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

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

13 SEC. 203. The Secretary of the Interior may here14 after participate in non-Federal groundwater banking pro15 grams to increase the operational flexibility, reliability, 

16 and efficient use of water in the State of California, and 

17 this participation may include making payment for the 

18 storage of Central Valley Project water supplies, the pur19 chase of stored water, the purchase of shares or an inter20 est in ground banking facilities, or the use of Central Val21 ley Project water as a medium of payment for ground22 water banking services: Provided, That the Secretary of 

23 the Interior shall participate in groundwater banking pro24 grams only to the extent allowed under State law and con25 sistent with water rights applicable to the Central Valley 
26 

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1 Project: Provided further, That any water user to which 

2 banked water is delivered shall pay for such water in the 

3 same manner provided by that water user’s then-current 

4 Central Valley Project water service, repayment, or water 

5 rights settlement contract at the rate provided by the 

6 then-current Central Valley Project Irrigation or Munic7 ipal and Industrial Rate Setting Policies; and: Provided 

8 further, That in implementing this section, the Secretary 

9 of the Interior shall comply with applicable environmental 

10 laws, including the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) and the Endangered Spe12 cies Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein 

13 shall alter or limit the Secretary’s existing authority to 

14 use groundwater banking to meet existing fish and wildlife 

15 obligations. 

16 SEC. 204. (a) Subject to compliance with all applica17 ble Federal and State laws, a transfer of irrigation water 

18 among Central Valley Project contractors from the Friant, 

19 San Felipe, West San Joaquin, and Delta divisions, and 

20 a transfer from a long-term Friant Division water service 

21 or repayment contractor to a temporary or prior tem22 porary service contractors within the place of use in exist23 ence on the date of the transfer, as identified in the Bu24 reau of Reclamation water rights permits for the Friant 

25 Division, shall hereafter be considered to meet the condi-
27 

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1 tions described in subparagraphs (A) and (I) of section 

2 3405(a)(1) of the Reclamation Projects Authorization and 

3 Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 

4 4709). 

5 (b) The Secretary of the Interior, acting through the 

6 Director of the United States Fish and Wildlife Service 

7 and the Commissioner of the Bureau of Reclamation shall 

8 initiate and complete, on the most expedited basis prac9 ticable, programmatic environmental compliance so as to 

10 facilitate voluntary water transfers within the Central Val11 ley Project, consistent with all applicable Federal and 

12 State law. 

13 (c) Not later than 180 days after the date of enact14 ment of this Act and each of the 4 years thereafter, the 

15 Commissioner of the Bureau of Reclamation shall submit 

16 to the Committee on Appropriations of the House of Rep17 resentatives and the Committee on Appropriations of the 

18 Senate a report that describes the status of efforts to help 

19 facilitate and improve the water transfers within the Cen20 tral Valley Project and water transfers between the Cen21 tral Valley Project and other water projects in the State 

22 of California; evaluates potential effects of this Act on 

23 Federal programs, Indian tribes, Central Valley Project 

24 operations, the environment, groundwater aquifers, ref25 uges, and communities; and provides recommendations on 
28 

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1 ways to facilitate and improve the process for these trans2 fers. 

3 SEC. 205. (a) TERMINATION OF AUTHORITY.—Sec4 tion 104(c) of the Reclamation States Emergency Drought 

5 Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by 

6 striking ‘‘2012’’ and inserting ‘‘2017’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 301 of the Reclamation States Emergency Drought Relief 

9 Act of 1991 (43 U.S.C. 2241) is amended— 

10 (1) by striking ‘‘90,000,000’’ and inserting 

11 ‘‘$110,000,000’’; and 

12 (2) by striking ‘‘2012’’ and inserting ‘‘2017’’. 

13 SEC. 206. Title I of Public Law 108–361 (the Calfed 

14 Bay-Delta Authorization Act) (118 Stat. 1681), as 

15 amended by section 210 of Public Law 111–85, is amend16 ed by striking ‘‘2014’’ each place it appears and inserting 

17 ‘‘2018’’. 

18 SEC. 207. Section 9504(e) of the Secure Water Act 

19 of 2009 (42 U.S.C. 10364(e)) is amended by striking 

20 ‘‘$200,000,000’’ and inserting ‘‘$250,000,000’’. 

21 SEC. 208. Section 8 of the Water Desalination Act 

22 of 1996 (42 U.S.C. 10301 note; Public Law 104–298), 

23 as amended, is further amended— 

24 (1) in subsection (a), in the first sentence, by 

25 striking ‘‘2013’’ and inserting ‘‘2018’’; and 
29 

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1 (2) in subsection (b), by striking ‘‘2012 through 

2 2013’’ and inserting ‘‘2014 through 2018’’. 

3 SEC. 209. The Secretary may hereafter partner, pro4 vide a grant to, or enter into a cooperative agreement with 

5 local joint powers authorities formed pursuant to State 

6 law by irrigation districts and other local water districts 

7 and local governments, to advance planning and feasibility 

8 studies authorized by Congress for water storage project: 

9 Provided, That the Secretary shall ensure that all docu10 ments associated with the preparation of planning and fea11 sibility studies and applicable environmental reviews under 

12 the National Environmental Policy Act for a project cov13 ered by this section shall be made available to any joint 

14 powers authority with whom the Secretary enters into an 

15 agreement to advance such project: Provided further, That 

16 the Secretary, acting through the Commissioner of the 

17 Bureau of Reclamation, shall ensure that all applicable en18 vironmental reviews under the National Environmental 

19 Policy Act, to the degree such reviews are required, are 

20 completed on an expeditious basis and that the shortest 

21 existing applicable process under the National Environ22 mental Policy Act shall be utilized, including in the com23 pletion of feasibility studies, Draft Environmental Impact 

24 Statements (DEIS) and Final Environmental Impact 

25 Statements (FEIS): Provided further, That the Bureau of 
30 

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1 Reclamation need not complete the applicable feasibility 

2 study, DEIS or FEIS if the Commissioner determines, 

3 and the Secretary concurs, that the project can be expe4 dited by a joint powers authority as a non-Federal project 

5 or if the project fails to meet applicable Federal cost-ben6 efit requirements or standards: Provided further, That the 

7 Secretary shall not provide financial assistance towards 

8 these studies or projects, unless there is a demonstrable 

9 Federal interest. 

10 SEC. 210. Section 10009(c)(2) of the San Joaquin 

11 River Restoration Settlement Act (Public Law 111–11; 

12 123 Stat. 1356) is amended by striking ‘‘October 1, 2019, 

13 all funds in the Fund shall be available for expenditure 

14 without further appropriation.’’ and inserting ‘‘October 1, 

15 2014, all funds in the Fund shall be available for expendi16 ture on an annual basis in an amount not to exceed 

17 $40,000,000 without further appropriation.’’ in lieu there18 of. 

19 SEC. 211. Section 201(e) of the Central Utah Project 

20 Completion Act of 1992 (Public Law 102–575), as amend21 ed, is further amended by striking ‘‘and may not delegate’’ 

22 and all that follows through ‘‘ratemaking’’. 

23 SEC. 212. Section 9 of the Fort Peck Reservation 

24 Rural Water System Act of 2000 (Public Law 106–382; 

25 114 Stat. 1457, 123 Stat. 2856) is amended by striking 
31 

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1 ‘‘2015’’ each place it appears in subsections (a)(1) and 

2 (b) and inserting ‘‘2020’’. 

3 TITLE III 

4 DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY EFFICIENCY AND RENEWABLE ENERGY

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for energy 

10 efficiency and renewable energy activities in carrying out 

11 the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 $2,280,985,000, to remain available until expended: Pro16 vided, That $185,000,000 shall be available until Sep17 tember 30, 2015 for program direction: Provided further, 

18 That, of the amount provided under this heading, the Sec19 retary may transfer up to $95,000,000 to the Defense 

20 Production Act Fund for activities of the Department of 

21 Energy pursuant to the Defense Production Act of 1950 

22 (50 U.S.C. App. 2061, et seq.): Provided further, That 

23 none of the funds made available may be used for the En24 ergy Efficient Building Systems Design Hub. 
32 

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1 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for elec5 tricity delivery and energy reliability activities in carrying 

6 out the purposes of the Department of Energy Organiza7 tion Act (42 U.S.C. 7101 et seq.), including the acquisi8 tion or condemnation of any real property or any facility 

9 or for plant or facility acquisition, construction, or expan10 sion, $149,015,000, to remain available until expended: 

11 Provided, That $27,615,000 shall be available until Sep12 tember 30, 2015 for program direction. 

13 NUCLEAR ENERGY

14 For Department of Energy expenses including the 

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

17 energy activities in carrying out the purposes of the De18 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

20 real property or any facility or for plant or facility acquisi21 tion, construction, or expansion, $735,460,000, to remain 

22 available until expended, of which $24,000,000 shall be 

23 derived from the Nuclear Waste Fund: Provided, That, of 

24 the amount made available under this heading, 
33 

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1 $87,500,000 shall be available until September 30, 2015, 

2 for program direction. 

3 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

4 For necessary expenses in carrying out fossil energy 

5 research and development activities, under the authority 

6 of the Department of Energy Organization Act (Public 

7 Law 95–91), including the acquisition of interest, includ8 ing defeasible and equitable interests in any real property 

9 or any facility or for plant or facility acquisition or expan10 sion, and for conducting inquiries, technological investiga11 tions and research concerning the extraction, processing, 

12 use, and disposal of mineral substances without objection13 able social and environmental costs (30 U.S.C. 3, 1602, 

14 and 1603), $420,575,000, to remain available until ex15 pended: Provided, That $115,753,000 shall be available 

16 until September 30, 2015 for program direction: Provided 

17 further, That for all programs funded under Fossil Energy 

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

19 may vest fee title or other property interests acquired 

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

21 NAVAL PETROLEUM AND OIL SHALE RESERVES

22 For expenses necessary to carry out naval petroleum 

23 and oil shale reserve activities, $20,000,000, to remain 

24 available until expended: Provided, That, notwithstanding 

25 any other provision of law, unobligated funds remaining 
34 

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1 from prior years shall be available for all naval petroleum 

2 and oil shale reserve activities. 

3 STRATEGIC PETROLEUM RESERVE

4 For necessary expenses for Strategic Petroleum Re5 serve facility development and operations and program 

6 management activities pursuant to the Energy Policy and 

7 Conservation Act of 1975, as amended (42 U.S.C. 6201 

8 et seq.), $189,400,000, to remain available until expended. 

9 NORTHEAST HOME HEATING OIL RESERVE

10 For necessary expenses for Northeast Home Heating 

11 Oil Reserve storage, operation, and management activities 

12 pursuant to the Energy Policy and Conservation Act, 

13 $8,000,000, to remain available until expended. 

14 ENERGY INFORMATION ADMINISTRATION

15 For necessary expenses in carrying out the activities 

16 of the Energy Information Administration, $117,000,000, 

17 to remain available until expended. 

18 NON-DEFENSE ENVIRONMENTAL CLEANUP

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other expenses necessary for non-de22 fense environmental cleanup activities in carrying out the 

23 purposes of the Department of Energy Organization Act 

24 (42 U.S.C. 7101 et seq.), including the acquisition or con25 demnation of any real property or any facility or for plant 
35 

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1 or facility acquisition, construction, or expansion, 

2 $232,956,000, to remain available until expended. 

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

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

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

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

9 the Energy Policy Act of 1992, $554,823,000, to be de10 rived from the Uranium Enrichment Decontamination and 

11 Decommissioning Fund, to remain available until ex12 pended. 

13 SCIENCE

14 For Department of Energy expenses including the 

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

17 activities in carrying out the purposes of the Department 

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

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

24 $5,152,752,000, to remain available until expended: Pro25 vided, That $193,300,000 shall be available until Sep-
36 

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1 tember 30, 2015 for program direction: Provided further, 

2 That no funding may be made available for the U.S. con3 tribution to the International Thermonuclear Experi4 mental Reactor project until the Secretary of Energy sub5 mits to the Committee on Appropriations of the U.S. Sen6 ate a baseline cost, schedule, and scope estimate consistent 

7 with DOE Order 413.3b for the U.S. contribution to 

8 ITER needed to complete all construction activities. 

9 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

10 For necessary expenses in carrying out the activities 

11 authorized by section 5012 of the America COMPETES 

12 Act (Public Law 110–69), as amended, $379,000,000 to 

13 remain available until expended: Provided, That 

14 $34,110,000 shall be available until September 30, 2015 

15 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)(2) of the En20 ergy Policy Act of 2005 under this heading in prior Acts, 

21 shall be collected in accordance with section 502(7) of the 

22 Congressional Budget Act of 1974: Provided, That, for 

23 necessary administrative expenses to carry out this Loan 

24 Guarantee program, $42,000,000 is appropriated, to re25 main available until expended: Provided further, That 
37 

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1 $22,000,000 of the fees collected pursuant to section 

2 1702(h) of the Energy Policy Act of 2005 shall be credited 

3 as offsetting collections to this account to cover adminis4 trative expenses and shall remain available until expended, 

5 so as to result in a final fiscal year 2014 appropriation 

6 from the general fund estimated at not more than 

7 $20,000,000: Provided further, That fees collected under 

8 section 1702(h) in excess of the amount appropriated for 

9 administrative expenses shall not be available until appro10 priated. 

11 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

12 LOAN PROGRAM

13 For administrative expenses in carrying out the Ad14 vanced Technology Vehicles Manufacturing Loan Pro15 gram, $6,000,000, to remain available until expended. 

16 DEPARTMENTAL ADMINISTRATION

17 For salaries and expenses of the Department of En18 ergy necessary for departmental administration in car19 rying out the purposes of the Department of Energy Orga20 nization Act (42 U.S.C. 7101 et seq.), including the hire 

21 of passenger motor vehicles and official reception and rep22 resentation expenses not to exceed $30,000,$234,637,000, 

23 to remain available until September 30, 2015, plus such 

24 additional amounts as necessary to cover increases in the 

25 estimated amount of cost of work for others notwith-
38 

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1 standing the provisions of the Anti-Deficiency Act (31 

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

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

4 or greater amount: Provided further, That moneys received 

5 by the Department for miscellaneous revenues estimated 

6 to total $108,188,000 in fiscal year 2014 may be retained 

7 and used for operating expenses within this account, as 

8 authorized by section 201 of Public Law 95–238, notwith9 standing the provisions of 31 U.S.C. 3302: Provided fur10 ther, That the sum herein appropriated shall be reduced 

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

12 result in a final fiscal year 2014 appropriation from the 

13 general fund estimated at not more than $126,449,000. 

14 OFFICE OF THE INSPECTOR GENERAL

15 For necessary expenses of the Office of the Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978, as amended, $42,120,000, to remain 

18 available until expended. 

19 ATOMIC ENERGY DEFENSE ACTIVITIES 

20 NATIONAL NUCLEAR SECURITY 

21 ADMINISTRATION 

22 WEAPONS ACTIVITIES

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other incidental expenses necessary for 
39 

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1 atomic energy defense weapons activities in carrying out 

2 the purposes of the Department of Energy Organization 

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

4 condemnation of any real property or any facility or for 

5 plant or facility acquisition, construction, or expansion, 

6 $7,868,409,000, to remain available until expended: Pro7 vided, That of these funds, the Secretary may transfer to 

8 Defense Nuclear Nonproliferation, not earlier than 30 

9 days after certification to the Committees on Appropria10 tions of the House of Representatives and the Senate that 

11 such transfer is needed for national security reasons, and 

12 after congressional notification and approval of the Com13 mittees on Appropriations of the House of Representatives 

14 and the Senate, up to $48,000,000 to further the develop15 ment and demonstration of national nuclear security-re16 lated enrichment technologies: Provided further, That the 

17 Secretary may reprogram, not earlier than 30 days after 

18 certification by the Secretary of Energy and Secretary of 

19 Defense to the Committees on Appropriations and Armed 

20 Services of the House of Representatives and the Senate 

21 that the first production unit of the B61 can be delivered 

22 by 2019 with the current baseline of $8,168,000,000, and 

23 after congressional notification and approval of the Com24 mittees on Appropriations and Armed Services of the 
40 

•S 1245 PCS

1 House of Representatives and the Senate, up to 

2 $168,400,000 to further the B61 life extension program. 

3 DEFENSE NUCLEAR NONPROLIFERATION

4 For Department of Energy expenses, including the 

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

7 defense nuclear nonproliferation activities, in carrying out 

8 the purposes of the Department of Energy Organization 

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

10 condemnation of any real property or any facility or for 

11 plant or facility acquisition, construction, or expansion, 

12 $2,180,142,000, to remain available until expended. 

13 NAVAL REACTORS

14 For Department of Energy expenses necessary for 

15 naval reactors activities to carry out the Department of 

16 Energy Organization Act (42 U.S.C. 7101 et seq.), includ17 ing the acquisition (by purchase, condemnation, construc18 tion, or otherwise) of real property, plant, and capital 

19 equipment, facilities, and facility expansion, 

20 $1,312,134,000, to remain available until expended: Pro21 vided, That $44,404,000 shall be available until Sep22 tember 30, 2015 for program direction. 

23 OFFICE OF THE ADMINISTRATOR

24 For necessary expenses of the Office of the Adminis25 trator in the National Nuclear Security Administration, 
41 

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1 including official reception and representation expenses 

2 not to exceed $12,000,$397,784,000, to remain available 

3 until September 30, 2015. 

4 ENVIRONMENTAL AND OTHER DEFENSE 

5 ACTIVITIES 

6 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 atomic 

10 energy defense environmental cleanup activities in car11 rying out the purposes of the Department of Energy Orga12 nization Act (42 U.S.C. 7101 et seq.), including the acqui13 sition or condemnation of any real property or any facility 

14 or for plant or facility acquisition, construction, or expan15 sion, and the purchase of not to exceed one sport utility 

16 vehicle, three lube trucks, and one fire truck for replace17 ment only, $5,146,536,000, to remain available until ex18 pended: Provided, That $320,784,000 shall be available 

19 until September 30, 2015 for program direction. 

20 OTHER DEFENSE ACTIVITIES

21 For Department of Energy expenses, including the 

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

24 energy defense, other defense activities, and classified ac25 tivities, in carrying out the purposes of the Department 
42 

•S 1245 PCS

1 of Energy Organization Act (42 U.S.C. 7101 et seq.), in2 cluding the acquisition or condemnation of any real prop3 erty or any facility or for plant or facility acquisition, con4 struction, or expansion, $762,080,000, to remain available 

5 until expended: Provided, That $127,035,000 shall be 

6 available until September 30, 2015, for program direction. 

7 POWER MARKETING ADMINISTRATION 

8 BONNEVILLE POWER ADMINISTRATION FUND

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

11 are approved for construction of, or participating in the 

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

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

15 Idaho, southern Montana, and western Wyoming; and 

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

17 Northwest with lines between the Pacific Northwest and 

18 the Pacific Southwest, and for John Day Reprogramming 

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

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

22 reception and representation expenses in an amount not 

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

24 no new direct loan obligations may be made. 
43 

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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, including transmission wheeling and 

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

9 representation expenses in an amount not to exceed 

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

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

13 collected by the Southeastern Power Administration from 

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

15 this account as discretionary offsetting collections, to re16 main available until expended for the sole purpose of fund17 ing the annual expenses of the Southeastern Power Ad18 ministration: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 

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

21 fiscal year 2014 appropriation estimated at not more than 

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

23 3302, up to $93,284,000 collected by the Southeastern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 
44 

•S 1245 PCS

1 shall be credited to this account as offsetting collections, 

2 to remain available until expended for the sole purpose 

3 of making purchase power and wheeling expenditures: 

4 Provided further, That for purposes of this appropriation, 

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

7 purchase power and wheeling expenses). 

8 OPERATION AND MAINTENANCE, SOUTHWESTERN

9 POWER ADMINISTRATION

10 For necessary expenses of operation and maintenance 

11 of power transmission facilities and of marketing electric 

12 power and energy, for construction and acquisition of 

13 transmission lines, substations and appurtenant facilities, 

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

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

19 available until expended: Provided, That notwithstanding 

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

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

22 by the Southwestern Power Administration from the sale 

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

25 available until expended, for the sole purpose of funding 
45 

•S 1245 PCS

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

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

5 fiscal year 2014 appropriation estimated at not more than 

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

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

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

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

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

17 CONSTRUCTION, REHABILITATION, OPERATION AND

18 MAINTENANCE, WESTERN AREA POWER ADMINIS19 TRATION

20 For carrying out the functions authorized by title III, 

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

22 U.S.C. 7152), and other related activities including con23 servation and renewable resources programs as author24 ized, including official reception and representation ex25 penses in an amount not to exceed $1,500; $299,919,000, 
46 

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

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

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

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

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

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

9 shall be credited to this account as discretionary offsetting 

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

11 purpose of funding the annual expenses of the Western 

12 Area Power Administration: Provided further, That the 

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

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

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

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

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

23 this account as offsetting collections, to remain available 

24 until expended for the sole purpose of making purchase 

25 power and wheeling expenditures, including the cost of vol-
47 

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1 untary purchases of power allowances in compliance with 

2 existing State Cap and Trade Programs: Provided further, 

3 That for purposes of this appropriation, annual expenses 

4 means expenditures that are generally recovered in the 

5 same year that they are incurred (excluding purchase 

6 power and wheeling expenses). 

7 FALCON AND AMISTAD OPERATING AND MAINTENANCE

8 FUND

9 For operation, maintenance, and emergency costs for 

10 the hydroelectric facilities at the Falcon and Amistad 

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

12 and to be derived from the Falcon and Amistad Operating 

13 and Maintenance Fund of the Western Area Power Ad14 ministration, as provided in section 2 of the Act of June 

15 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

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

17 $4,910,671 collected by the Western Area Power Adminis18 tration from the sale of power and related services from 

19 the Falcon and Amistad Dams shall be credited to this 

20 account as discretionary offsetting collections, to remain 

21 available until expended for the sole purpose of funding 

22 the annual expenses of the hydroelectric facilities of these 

23 Dams and associated Western Area Power Administration 

24 activities: Provided further, That the sum herein appro25 priated for annual expenses shall be reduced as collections 
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1 are received during the fiscal year so as to result in a final 

2 fiscal year 2014 appropriation estimated at not more than 

3 $420,000: Provided further, That for purposes of this ap4 propriation, annual expenses means expenditures that are 

5 generally recovered in the same year that they are in6 curred: Provided further, That for fiscal year 2014, the 

7 Administrator of the Western Area Power Administration 

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

9 States power customers of the Falcon and Amistad Dams 

10 for deposit into the Falcon and Amistad Operating and 

11 Maintenance Fund, and such funds shall be available for 

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

13 sums had been specifically appropriated for such purpose: 

14 Provided further, That any such funds shall be available 

15 without further appropriation and without fiscal year limi16 tation for use by the Commissioner of the United States 

17 Section of the International Boundary and Water Com18 mission for the sole purpose of operating, maintaining, re19 pairing, rehabilitating, replacing, or upgrading the hydro20 electric facilities at these Dams in accordance with agree21 ments reached between the Administrator, Commissioner, 

22 and the power customers. 
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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

7 the hire of passenger motor vehicles, and official reception 

8 and representation expenses not to exceed 

9 $3,000,$304,600,000, to remain available until expended: 

10 Provided, That notwithstanding any other provision of 

11 law, not to exceed $304,600,000 of revenues from fees and 

12 annual charges, and other services and collections in fiscal 

13 year 2014 shall be retained and used for necessary ex14 penses in this account, and shall remain available until 

15 expended: Provided further, That the sum herein appro16 priated from the general fund shall be reduced as revenues 

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

18 final fiscal year 2014 appropriation from the general fund 

19 estimated at not more than $0. 

20 GENERAL PROVISIONS—DEPARTMENT OF 

21 ENERGY 

22 (INCLUDING CANCELLATION AND TRANSFER OF FUNDS)

23 SEC. 301. The unexpended balances of prior appro24 priations provided for activities in this Act may be avail25 able to the same appropriation accounts for such activities 
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1 established pursuant to this title. Available balances may 

2 be merged with funds in the applicable established ac3 counts and thereafter may be accounted for as one fund 

4 for the same time period as originally enacted. 

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

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

7 Act, for intelligence activities are deemed to be specifically 

8 authorized by the Congress for purposes of section 504 

9 of the National Security Act of 1947 (50 U.S.C. 414) dur10 ing fiscal year 2014 until the enactment of the Intelligence 

11 Authorization Act for fiscal year 2014. 

12 SEC. 303. Not to exceed 5 percent, or $100,000,000, 

13 of any appropriation, whichever is less, made available for 

14 Department of Energy activities funded in this Act or sub15 sequent Energy and Water Development and Related 

16 Agencies Appropriations Acts may be transferred between 

17 such appropriations, but no such appropriation, except as 

18 otherwise provided, shall be increased or decreased by 

19 more than 5 percent by any such transfers, and any such 

20 proposed transfers shall be submitted promptly to the 

21 Committees on Appropriations of the House and Senate. 

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

23 title shall be used for the construction of facilities classi24 fied as high-hazard nuclear facilities under 10 CFR Part 

25 830 unless independent oversight is conducted by the Of-
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1 fice of Health, Safety, and Security to ensure the project 

2 is in compliance with nuclear safety requirements. 

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

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

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

6 any successive departmental guidance, for construction 

7 projects where the total project cost exceeds 

8 $100,000,000, until a separate independent cost estimate 

9 has been developed for the project for that critical deci10 sion. 

11 SEC. 306. (a) Any determination (including a deter12 mination made prior to the date of enactment of this Act) 

13 by the Secretary pursuant to section 3112(d)(2)(B) of the 

14 USEC Privatization Act (110 Stat. 1321–335), as amend15 ed, shall be valid for not more than 2 calendar years sub16 sequent to such determination. 

17 (b) Not less than 30 days prior to the provision of 

18 uranium in any form the Secretary shall notify the House 

19 and Senate Committees on Appropriations of the fol20 lowing: 

21 (1) the amount of uranium to be provided; 

22 (2) an estimate by the Secretary of the gross 

23 fair market value of the uranium on the expected 

24 date of the provision of the uranium; 
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1 (3) the expected date of the provision of the 

2 uranium; 

3 (4) the recipient of the uranium; and 

4 (5) the value the Secretary expects to receive in 

5 exchange for the uranium, including any adjust6 ments to the gross fair market value of the uranium. 

7 (c) Not later than June 30, 2014, the Secretary shall 

8 submit to the House and Senate Committees on Appro9 priations a revised excess uranium inventory management 

10 plan for fiscal years 2015 through 2019. 

11 SEC. 307. Section 20320 of the Continuing Appro12 priations Resolution, 2007, Public Law 109–289, division 

13 B, as amended by the Revised Continuing Appropriations 

14 Resolution, 2007, Public Law 110–5, is amended by strik15 ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’ 

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

17 SEC. 308. (a) IN GENERAL.—Subject to subsections 

18 (b) through (d), the Secretary may appoint, without re19 gard to the provisions of chapter 33 of title 5, United 

20 States Code, governing appointments in the competitive 

21 service, exceptionally well qualified individuals to sci22 entific, engineering, or other critical technical positions. 

23 (b) LIMITATIONS.— 
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1 (1) NUMBER OF POSITIONS.—The number of 

2 critical positions authorized by subsection (a) may 

3 not exceed 120 at any one time in the Department. 

4 (2) TERM.—The term of an appointment under 

5 subsection (a) may not exceed 4 years. 

6 (3) PRIOR EMPLOYMENT.—An individual ap7 pointed under subsection (a) shall not have been a 

8 Department employee during the 2-year period end9 ing on the date of appointment. 

10 (4) PAY.— 

11 (A) IN GENERAL.—The Secretary shall 

12 have the authority to fix the basic pay of an in13 dividual appointed under subsection (a) at a 

14 rate to be determined by the Secretary up to 

15 level I of the Executive Schedule without regard 

16 to the civil service laws. 

17 (B) TOTAL ANNUAL COMPENSATION.—The 

18 total annual compensation for any individual 

19 appointed under subsection (a) may not exceed 

20 the highest total annual compensation payable 

21 at the rate determined under section 104 of 

22 title 3, United States Code. 

23 (5) ADVERSE ACTIONS.—An individual ap24 pointed under subsection (a) may not be considered 
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1 to be an employee for purposes of subchapter II of 

2 chapter 75 of title 5, United States Code. 

3 (c) REQUIREMENTS.— 

4 (1) IN GENERAL.—The Secretary shall ensure 

5 that— 

6 (A) the exercise of the authority granted 

7 under subsection (a) is consistent with the 

8 merit principles of section 2301 of title 5, 

9 United States Code; and 

10 (B) the Department notifies diverse profes11 sional associations and institutions of higher 

12 education, including those serving the interests 

13 of women and racial or ethnic minorities that 

14 are underrepresented in scientific, engineering, 

15 and mathematical fields, of position openings as 

16 appropriate. 

17 (2) REPORT.—Not later than 2 years after the 

18 date of enactment of this Act, the Secretary and the 

19 Director of the Office of Personnel Management 

20 shall submit to Congress a report on the use of the 

21 authority provided under this section that includes, 

22 at a minimum, a description or analysis of— 

23 (A) the ability to attract exceptionally well 

24 qualified scientists, engineers, and technical 

25 personnel; 
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1 (B) the amount of total compensation paid 

2 each employee hired under the authority each 

3 calendar year; and 

4 (C) whether additional safeguards or meas5 ures are necessary to carry out the authority 

6 and, if so, what action, if any, has been taken 

7 to implement the safeguards or measures. 

8 (d) TERMINATION OF EFFECTIVENESS.—The au9 thority provided by this section terminates effective on the 

10 date that is 4 years after the date of enactment of this 

11 Act. 

12 SEC. 309. (a) DEFINITIONS.—In this section: 

13 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af14 fected Indian tribe’’ has the meaning given the term 

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

16 (42 U.S.C. 10101). 

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

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

19 given the term in section 2 of the Nuclear Waste 

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

21 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu22 clear Waste Fund’’ means the Nuclear Waste Fund 

23 established under section 302(c) of the Nuclear 

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

2 the Secretary of Energy. 

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

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

6 U.S.C. 10101). 

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

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

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

11 program, through 1 or more private sector partners, to 

12 license, construct, and operate 1 or more government or 

13 privately owned consolidated storage facilities to provide 

14 interim storage as needed for spent nuclear fuel and high15 level radioactive waste, with priority for storage given to 

16 spent nuclear fuel located on sites without an operating 

17 nuclear reactor. 

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

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

20 shall issue a request for proposals for cooperative agree21 ments— 

22 (1) to obtain any license necessary from the 

23 Nuclear Regulatory Commission for the construction 

24 of 1 or more consolidated storage facilities; 
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1 (2) to demonstrate the safe transportation of 

2 spent nuclear fuel and high-level radioactive waste, 

3 as applicable; and 

4 (3) to demonstrate the safe storage of spent nu5 clear fuel and high-level radioactive waste, as appli6 cable, at the 1 or more consolidated storage facilities 

7 pending the construction and operation of deep geo8 logic disposal capacity for the permanent disposal of 

9 the spent nuclear fuel. 

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

11 consolidated storage facility pursuant to this section, the 

12 Secretary shall enter into an agreement to host the facility 

13 with— 

14 (1) the Governor of the State; 

15 (2) each unit of local government within the ju16 risdiction of which the facility is proposed to be lo17 cated; and 

18 (3) each affected Indian tribe. 

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

20 Secretary shall comply with— 

21 (1) all licensing requirements and regulations of 

22 the Nuclear Regulatory Commission; and 

23 (2) all other applicable laws (including regula24 tions). 
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1 (f) PILOT PROGRAM PLAN.—Not later than 120 days 

2 after the date on which the Secretary issues the request 

3 for proposals under subsection (c), the Secretary shall sub4 mit to Congress a plan to carry out this section that in5 cludes— 

6 (1) an estimate of the cost of licensing, con7 structing, and operating a consolidated storage facil8 ity, including the transportation costs, on an annual 

9 basis, over the expected lifetime of the facility; 

10 (2) a schedule for— 

11 (A) obtaining any license necessary to con12 struct and operate a consolidated storage facil13 ity from the Nuclear Regulatory Commission; 

14 (B) constructing the facility; 

15 (C) transporting spent fuel to the facility; 

16 and 

17 (D) removing the spent fuel and decom18 missioning the facility; and 

19 (3) an estimate of the cost of any financial as20 sistance, compensation, or incentives proposed to be 

21 paid to the host State, Indian tribe, or local govern22 ment; 

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

24 damages expected to be paid by the United States 

25 for the delay of the Department of Energy in accept-
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1 ing spent fuel expected to result from the pilot pro2 gram; 

3 (5) recommendations for any additional legisla4 tion needed to authorize and implement the pilot 

5 program; and 

6 (6) recommendations for a mechanism to en7 sure that any spent nuclear fuel or high-level radio8 active waste stored at a consolidated storage facility 

9 pursuant to this section shall move to deep geologic 

10 disposal capacity, following a consent-based approval 

11 process for that deep geologic disposal capacity con12 sistent with subsection (d), within a reasonable time 

13 after the issuance of a license to construct and oper14 ate the consolidated storage facility. 

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

16 site for the construction of a consolidated storage facility 

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

18 public hearings in the vicinity of each potential site and 

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

20 site is located to solicit public comments and recommenda21 tions. 

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

23 may make expenditures from the Nuclear Waste Fund to 

24 carry out this section, subject to appropriations. 
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1 SEC. 310. Section 804 of Public Law 110–140 (42 

2 U.S.C. 17283) is hereby repealed. 

3 SEC. 311. Section 205 of Public Law 95–91 (42 

4 U.S.C. 7135), as amended, is hereby further amended: 

5 (1) in paragraph (i)(1) by striking ‘‘once every 

6 two years’’ and inserting ‘‘once every four years’’; 

7 and 

8 (2) in paragraph (k)(1) by striking ‘‘once every 

9 three years’’ and inserting ‘‘once every four years’’. 

10 SEC. 312. Notwithstanding any other provision of 

11 law, the Department may use funds appropriated by this 

12 title to carry out a study regarding the conversion to con13 tractor performance of any function performed by Federal 

14 employees at the New Brunswick Laboratory, pursuant to 

15 Office of Management and Budget Circular A–76 or any 

16 other administrative regulation, directive, or policy. 

17 SEC. 313. Of the amounts appropriated for non-de18 fense programs in this title, $7,000,000 are hereby re19 duced to reflect savings from limiting foreign travel for 

20 contractors working for the Department of Energy, con21 sistent with similar savings achieved for Federal employ22 ees. The Department shall allocate the reduction among 

23 the non-security appropriations made in this title. 

24 SEC. 314. Section 15(g) of Public Law 85–536 (15 

25 U.S.C. 644), as amended, is hereby further amended by 
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1 inserting the following at the end: ‘‘(3) First tier sub2 contracts that are awarded by Management and Operating 

3 contractors sponsored by the Department of Energy to 

4 small business concerns, small businesses concerns owned 

5 and controlled by service disabled veterans, qualified 

6 HUBZone small business concerns, small business con7 cerns owned and controlled by socially and economically 

8 disadvantaged individuals, and small business concerns 

9 owned and controlled by women, shall be considered to10 ward the annually established agency and Government11 wide goals for procurement contracts awarded.’’ 

12 SEC. 315. (a) ESTABLISHMENT.—There is estab13 lished an independent commission to be known as the 

14 ‘‘Commission to Review the Effectiveness of the National 

15 Energy Laboratories.’’ The National Energy Laboratories 

16 refers to all Department of Energy national laboratories. 

17 (b) MEMBERS.— 

18 (1) The Commission shall be composed of nine 

19 members who shall be appointed by the Secretary of 

20 Energy not later than January 1, 2014 from among 

21 persons nominated by the President’s Council of Ad22 visors on Science and Technology. 

23 (2) The President’s Council of Advisors on 

24 Science and Technology shall, not later than Novem25 ber 15, 2013, nominate not less than 18 persons for 
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1 appointment to the Commission from among persons 

2 who meet qualification described in subparagraph 

3 (3). 

4 (3) Each person nominated for appointment to 

5 the Board shall— 

6 (A) be eminent in a field of science or en7 gineering; and/or 

8 (B) have expertise in managing scientific 

9 facilities; and 

10 (C) have an established record of distin11 guished service. 

12 (4) The membership of the Board shall be rep13 resentative of the broad range of scientific, engineer14 ing, financial, and managerial disciplines related to 

15 activities under this title. 

16 (5) No person shall be nominated for appoint17 ment to the Board who is an employee of— 

18 (A) the Department of Energy; 

19 (B) a national laboratory or site under 

20 contract with the Department of Energy; 

21 (C) a managing entity or parent company 

22 for a national laboratory or site under contract 

23 with the Department of Energy; or 
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1 (D) an entity performing scientific and en2 gineering activities under contract with the De3 partment of Energy. 

4 (c) COMMISSION REVIEW AND RECOMMENDA5 TIONS.— 

6 (1) The Commission shall, by no later than No7 vember 1, 2014, transmit to the Secretary of Energy 

8 and the Appropriations Committees of the House 

9 and Senate a report containing the Commission’s 

10 finding and conclusions. 

11 (2) The Commission shall address whether the 

12 Department of Energy’s national laboratories— 

13 (A) are properly aligned with the Depart14 ment’s strategic priorities; 

15 (B) have clear, well understood, and prop16 erly balanced missions that are not unneces17 sarily redundant and duplicative; 

18 (C) have unique capabilities that have suf19 ficiently evolved to meet current and future en20 ergy and national security challenges; 

21 (D) are appropriately sized to meet the 

22 Department’s energy and national security mis23 sions; and 
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1 (E) are appropriately supporting other 

2 Federal agencies and the extent to which it ben3 efits DOE missions. 

4 (3) The Commission shall also determine 

5 whether there are opportunities to more effectively 

6 and efficiently use the capabilities of the national 

7 laboratories, including consolidation and realign8 ment, reducing overhead costs, reevaluating govern9 ance models using industrial and academic bench10 marks for comparison, and assessing the impact of 

11 DOE’s oversight and management approach. In its 

12 evaluation, the Commission should also consider the 

13 cost and effectiveness of using other research, devel14 opment, and technology centers and universities as 

15 an alternative to meeting DOE’s energy and na16 tional security goals. 

17 (d) RESPONSE BY THE SECRETARY OF ENERGY.— 

18 (1) The Secretary of Energy shall, by no later 

19 than February 1, 2015, transmit to Appropriations 

20 Committees of the House and Senate a report con21 taining the Secretary’s approval or disapproval of 

22 the Commission’s recommendations and an imple23 mentation plan for approved recommendations. 

24 SEC. 316. The Committee on Appropriations of the 

25 United States Senate shall receive a 30-day advance noti-
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1 fication with a detailed explanation of any waiver or ad2 justment made by the National Nuclear Security Adminis3 tration’s Fee Determining Official to at-risk award fees 

4 for Management and Operating contractors that result in 

5 award term extensions. 

6 TITLE IV 

7 INDEPENDENT AGENCIES 

8 APPALACHIAN REGIONAL COMMISSION

9 For expenses necessary to carry out the programs au10 thorized by the Appalachian Regional Development Act of 

11 1965, as amended, notwithstanding 40 U.S.C. 14704, and 

12 for necessary expenses for the Federal Co-Chairman and 

13 the Alternate on the Appalachian Regional Commission, 

14 for payment of the Federal share of the administrative ex15 penses of the Commission, including services as authorized 

16 by 5 U.S.C. 3109, and hire of passenger motor vehicles, 

17 $68,200,000, to remain available until expended. 

18 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Defense Nuclear Fa21 cilities Safety Board in carrying out activities authorized 

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

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

24 available until September 30, 2015. 
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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Delta Regional Author4 ity and to carry out its activities, as authorized by the 

5 Delta Regional Authority Act of 2000, as amended, not6 withstanding sections 382C(b)(2), 382F(d), 382M, and 

7 382N of said Act, $12,000,000, to remain available until 

8 expended. 

9 DENALI COMMISSION

10 For expenses of the Denali Commission including the 

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

13 $10,000,000, to remain available until expended, notwith14 standing the limitations contained in section 306(g) of the 

15 Denali Commission Act of 1998: Provided, That funds 

16 shall be available for construction projects in an amount 

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

18 communities, as defined by section 307 of the Denali Com19 mission Act of 1998 (division C, title III, Public Law 105– 

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

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

22 amount not to exceed 50 percent for non-distressed com23 munities. 
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1 NORTHERN BORDER REGIONAL COMMISSION

2 For necessary expenses of the Northern Border Re3 gional Commission in carrying out activities authorized by 

4 subtitle V of title 40, United States Code, $5,000,000, to 

5 remain available until expended: Provided, That such 

6 amounts shall be available for administrative expenses, 

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

8 States Code. 

9 NUCLEAR REGULATORY COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Commission in car12 rying out the purposes of the Energy Reorganization Act 

13 of 1974, as amended, and the Atomic Energy Act of 1954, 

14 as amended, including official representation expenses 

15 (not to exceed $25,000), $1,043,937,000, to remain avail16 able until expended: Provided, That revenues from licens17 ing fees, inspection services, and other services and collec18 tions estimated at $920,721,000 in fiscal year 2014 shall 

19 be retained and used for necessary salaries and expenses 

20 in this account, notwithstanding 31 U.S.C. 3302, and 

21 shall remain available until expended: Provided further, 

22 That the sum herein appropriated shall be reduced by the 

23 amount of revenues received during fiscal year 2014 so 

24 as to result in a final fiscal year 2014 appropriation esti25 mated at not more than $123,216,000. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, as amended, $11,105,000, to remain 

5 available until September 30, 2015: Provided, That reve6 nues from licensing fees, inspection services, and other 

7 services and collections estimated at $9,994,000 in fiscal 

8 year 2014 shall be retained and be available until Sep9 tember 30, 2015, for necessary salaries and expenses in 

10 this account, notwithstanding section 3302 of title 31, 

11 United States Code: Provided further, That the sum herein 

12 appropriated shall be reduced by the amount of revenues 

13 received during fiscal year 2014 so as to result in a final 

14 fiscal year 2014 appropriation estimated at not more than 

15 $1,111,000. 

16 NUCLEAR WASTE TECHNICAL REVIEW BOARD

17 SALARIES AND EXPENSES

18 For necessary expenses of the Nuclear Waste Tech19 nical Review Board, as authorized by Public Law 100– 

20 203, section 5051, $3,400,000 to be derived from the Nu21 clear Waste Fund, and to remain available until expended. 

22 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

23 NATURAL GAS TRANSPORTATION PROJECTS

24 For necessary expenses for the Office of the Federal 

25 Coordinator for Alaska Natural Gas Transportation 
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1 Projects pursuant to the Alaska Natural Gas Pipeline Act 

2 of 2004, $1,000,000, to remain available until expended: 

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

4 pursuant to section 802 of Public Law 110–140 in fiscal 

5 year 2014 in excess of $2,402,000 shall not be available 

6 for obligation until appropriated in a subsequent Act of 

7 Congress. 

8 GENERAL PROVISION—INDEPENDENT 

9 AGENCIES 

10 SEC. 401. Notwithstanding the limitations contained 

11 in section 306(g) of the Denali Commission Act of 1998, 

12 the Denali Commission may use amounts transferred pur13 suant to section 329 of the Department of Transportation 

14 and Related Agencies Appropriations Act, 1999, for ad15 ministrative expenses. 

16 TITLE V 

17 GENERAL PROVISIONS 

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

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

20 congressional action on any legislation or appropriation 

21 matters pending before Congress, other than to commu22 nicate to Members of Congress as described in 18 U.S.C. 

23 1913. 

24 SEC. 502. None of the funds made available in this 

25 Act may be transferred to any department, agency, or in-
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1 strumentality of the United States Government, except 

2 pursuant to a transfer made by, or transfer authority pro3 vided in this Act or any other appropriation Act. 

4 SEC. 503. (a) The head of any executive branch de5 partment, agency, board, commission, or office funded by 

6 this Act shall submit annual reports to the Inspector Gen7 eral or senior ethics official for any entity without an In8 spector General, regarding the costs and contracting pro9 cedures related to each conference held by any such de10 partment, agency, board, commission, or office during fis11 cal year 2014 for which the cost to the United States Gov12 ernment was more than $100,000. 

13 (b) Each report submitted shall include, for each con14 ference described in subsection (a) held during the applica15 ble period— 

16 (1) a description of its purpose; 

17 (2) the number of participants attending; 

18 (3) a detailed statement of the costs to the 

19 United States Government, including— 

20 (A) the cost of any food or beverages; 

21 (B) the cost of any audio-visual services; 

22 (C) the cost of employee or contractor 

23 travel to and from the conference; and 
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1 (D) a discussion of the methodology used 

2 to determine which costs relate to the con3 ference; and 

4 (4) a description of the contracting procedures 

5 used including— 

6 (A) whether contracts were awarded on a 

7 competitive basis; and 

8 (B) a discussion of any cost comparison 

9 conducted by the departmental component or 

10 office in evaluating potential contractors for the 

11 conference. 

12 (c) Within 15 days of the date of a conference held 

13 by any executive branch department, agency, board, com14 mission, or office funded by this Act during fiscal year 

15 2014 for which the cost to the United States Government 

16 was more than $20,000, the head of any such department, 

17 agency, board, commission, or office shall notify the In18 spector General or senior ethics official for any entity 

19 without an Inspector General, of the date, location, and 

20 number of employees attending such conference. 

21 (d) A grant or contract funded by amounts appro22 priated by this Act to an executive branch agency may 

23 not be used for the purpose of defraying the costs of a 

24 conference described in subsection (c) that is not directly 

25 and programmatically related to the purpose for which the 
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1 grant or contract was awarded, such as a conference held 

2 in connection with planning, training, assessment, review, 

3 or other routine purposes related to a project funded by 

4 the grant or contract. 

5 (e) None of the funds made available in this Act may 

6 be used for travel and conference activities that are not 

7 in compliance with Office of Management and Budget 

8 Memorandum M–12–12 dated May 11, 2012. 

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

11 2014’’. 

Calendar No. 101 

113TH CONGRESS 

1ST SESSION S. 1245 

[Report No. 113–47] 

A BILL 

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

JUNE 27, 2013 

Read twice and placed on the calendar