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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5325 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 425
112th CONGRESS
  2d Session
                                H. R. 5325

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2012

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2013, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2013, and for other purposes, 
namely:

                   TITLE I--CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration, 
projects and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $102,000,000, to 
remain available until expended.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$1,477,284,000 (increased by $2,000,000) (increased by $10,000,000) 
(reduced by $1,000,000), to remain available until expended; of which 
such sums as are necessary to cover the Federal share of construction 
costs for facilities under the Dredged Material Disposal Facilities 
program shall be derived from the Harbor Maintenance Trust Fund as 
authorized by Public Law 104-303; and of which such sums as are 
necessary to cover one-half of the costs of construction, replacement, 
rehabilitation, and expansion of inland waterways projects shall be 
derived from the Inland Waterways Trust Fund: Provided, That the 
limitation concerning total project costs in section 902 of the Water 
Resources Development Act of 1986, as amended (33 U.S.C. 2280), shall 
not apply during fiscal year 2013 to any project that receives funds 
provided in this title.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $224,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,507,409,000 (increased by $571,429), to 
remain available until expended, of which such sums as are necessary to 
cover the Federal share of eligible operation and maintenance costs for 
coastal harbors and channels, and for inland harbors shall be derived 
from the Harbor Maintenance Trust Fund; of which such sums as become 
available from the special account for the Corps of Engineers 
established by the Land and Water Conservation Fund Act of 1965 shall 
be derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and 
of which such sums as become available from fees collected under 
section 217 of Public Law 104-303 shall be used to cover the cost of 
operation and maintenance of the dredged material disposal facilities 
for which such fees have been collected: Provided, That 1 percent of 
the total amount of funds provided for each of the programs, projects 
or activities funded under this heading shall not be allocated to a 
field operating activity prior to the beginning of the fourth quarter 
of the fiscal year and shall be available for use by the Chief of 
Engineers to fund such emergency activities as the Chief of Engineers 
determines to be necessary and appropriate, and that the Chief of 
Engineers shall allocate during the fourth quarter any remaining funds 
which have not been used for emergency activities proportionally in 
accordance with the amounts provided for the programs, projects or 
activities.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $190,000,000, to remain 
available until September 30, 2014.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $104,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$27,000,000 (increased by $3,000,000), to remain available until 
expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $177,500,000 (reduced by $2,000,000) (reduced by $3,000,000), 
to remain available until September 30, 2014, of which not to exceed 
$5,000 may be used for official reception and representation purposes 
and only during the current fiscal year: Provided, That no part of any 
other appropriation provided in title I of this Act shall be available 
to fund the civil works activities of the Office of the Chief of 
Engineers or the civil works executive direction and management 
activities of the division offices: Provided further, That any Flood 
Control and Coastal Emergencies appropriation may be used to fund the 
supervision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurricane, or 
other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2014.

                        administrative provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.

             GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Development Act of 1996, or 
section 204 of the Water Resources Development Act of 1992.
    (c) The Corps of Engineers shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 102.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 103.  None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
award any continuing contract that commits additional funding from the 
Inland Waterways Trust Fund unless or until such time that a long-term 
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986 
(Public Law 99-662) is enacted.
    Sec. 104.  Within 120 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 105.  During the fiscal year period covered by this Act, the 
Secretary of the Army is authorized to implement measures recommended 
in the efficacy study authorized under section 3061 of the Water 
Resources Development Act of 2007 (121 Stat. 1121) or in interim 
reports, with such modifications or emergency measures as the Secretary 
of the Army determines to be appropriate, to prevent aquatic nuisance 
species from dispersing into the Great Lakes by way of any hydrologic 
connection between the Great Lakes and the Mississippi River Basin.
    Sec. 106.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $4,300,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost 
due to Corps of Engineers projects.
    Sec. 107.  None of the funds appropriated in this Act shall be 
available for use by the Chicago District of the United States Army 
Corps of Engineers to fund any travel that is outside of the District's 
area of operation unless such travel is directly project-related or is 
specifically requested by a Member of Congress.
    Sec. 108.  Of the funds provided for ``Olmsted Locks and Dam, Ohio 
River, IL & KY'' in the table under the heading ``Corps of Engineers-
Civil--Construction'' in the report of the Committee on Appropriations 
accompanying this Act, not more than 50 percent may be available for 
obligation until--
            (1) the Corps of Engineers completes a review of the 
        project, including method of construction;
            (2) the Corps of Engineers develops a plan for the 
        expeditious completion of project construction;
            (3) the findings of the review and the project completion 
        plan have been communicated to the appropriate committees of 
        the Congress.
    Sec. 109.  Amounts made available by this Act for the 
``Investigations'', ``Construction'', and ``Operation and Maintenance'' 
accounts of the Corps of Engineers may not be used as provided under 
the heading ``Additional Funding for Ongoing Work'' in the matter 
relating to each such account in the report of the Committee on 
Appropriations to accompany this Act until the report required under 
such heading is submitted.
    Sec. 110.  None of the funds made available by this Act or any 
subsequent Act making appropriations for Energy and Water Development 
may be used by the Corps of Engineers to develop, adopt, implement, 
administer, or enforce a change or supplement to the rule dated 
November 13, 1986, or guidance documents dated January 15, 2003, and 
December 2, 2008, pertaining to the definition of waters under the 
jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.).
    Sec. 111.  As of the date of enactment of this Act and thereafter, 
the Secretary of the Army shall not promulgate or enforce any 
regulation that prohibits an individual from possessing a firearm, 
including an assembled or functional firearm, at a water resources 
development project covered under section 327.0 of title 36, Code of 
Federal Regulations (as in effect on the date of enactment of this 
Act), if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $19,700,000, to remain available until expended, of 
which $1,200,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission. In addition, for necessary 
expenses incurred in carrying out related responsibilities of the 
Secretary of the Interior, $1,300,000.
    For fiscal year 2013, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $833,635,000, to remain available until expended, of which 
$29,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $6,985,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 6806 shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed: 
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading: Provided further, 
That of the amounts provided herein, funds may be used for high 
priority projects which shall be carried out by the Youth Conservation 
Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $39,883,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575: Provided further, That none of the funds 
made available under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $36,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2014, $57,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits--
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category; or
            (7) transfers, when necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescission of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,450,960,000 to 
remain available until expended: Provided, That of such amount, 
$115,000,000 shall be available until September 30, 2014, for program 
direction: Provided further, That for the purposes of allocating 
weatherization assistance funds to States and tribes during fiscal year 
2013, the Secretary of Energy may waive the allocation formula 
established pursuant to section 414(a) of the Energy Conservation and 
Production Act (42 U.S.C. 6864(a)): Provided further, That of the 
unobligated balances from prior year appropriations available under 
this heading, $69,667,000 is hereby permanently rescinded: Provided 
further, That no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $123,000,000, to 
remain available until expended: Provided, That of such amount, 
$27,600,000 shall be available until September 30, 2014, for program 
direction.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not more than 10 buses 
and 2 ambulances, all for replacement only, $765,391,000, to remain 
available until expended, of which $10,000,000 shall be derived from 
the Nuclear Waste Fund established in section 302 (c) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(c)), to be made available 
only to support the high-level waste geologic repository at Yucca 
Mountain: Provided, That, of the amount made available under this 
heading, $90,015,000 shall be available until September 30, 2014, for 
program direction.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $554,000,000 (reduced by 
$25,000,000), to remain available until expended: Provided, That of 
such amount, $115,753,000 shall be available until September 30, 2014, 
for program direction: Provided further, That for all programs funded 
under Fossil Energy appropriations in this Act or any other Act, the 
Secretary of Energy may vest fee title or other property interests 
acquired under projects in any entity, including the United States.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $14,909,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                      Elk Hills School Lands Fund

    For necessary expenses in fulfilling the final payment under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $15,579,815, for payment to the State of California for 
the State Teachers' Retirement Fund, of which $15,579,815 shall be 
derived from the Elk Hills School Lands Fund.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $195,609,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $10,119,000, to remain available until 
expended: Provided, That of the unobligated balances from prior year 
appropriations available under this heading, $6,000,000 is hereby 
permanently rescinded: Provided further, That no amounts may be 
rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $100,000,000 to remain available until 
expended.

                   Non-defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $198,506,000 (increased by $36,000,000), to 
remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, and title X, 
subtitle A, of the Energy Policy Act of 1992, $425,493,000 to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended.

                                Science

                    (including rescission of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 25 passenger motor vehicles 
for replacement only, including one ambulance and one bus, 
$4,824,931,000, to remain available until expended: Provided, That of 
such amount, $185,000,000 shall be available until September 30, 2014, 
for program direction: Provided further, That of the unobligated 
balances from appropriations available under this heading, $23,500,000 
is hereby permanently rescinded: Provided further, That no amounts may 
be rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985.

               Advanced Research Projects Agency--Energy

    For necessary expenses in carrying out the activities authorized by 
section 5012 of the America COMPETES Act (Public Law 110-69), as 
amended, $200,000,000, to remain available until expended: Provided, 
That of such amount, $20,000,000 shall be available until September 30, 
2014, for program direction.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``NWPA''), $25,000,000, to remain available until expended, and to 
be derived from the Nuclear Waste Fund established in section 302(c) of 
such Act (42 U.S.C. 10222(c)), to be made available only to support the 
Yucca Mountain license application: Provided, That not less than 
$5,000,000 of funds made available under this heading shall be made 
available only for assistance to affected units of local government 
which have given formal consent to the Secretary of Energy to host a 
high-level waste repository as authorized by the NWPA.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under 
this heading in prior Acts, shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974: Provided, That, 
for necessary administrative expenses to carry out this Loan Guarantee 
program, $38,000,000 is appropriated, to remain available until 
September 30, 2014: Provided further, That $38,000,000 of the fees 
collected pursuant to section 1702(h) of the Energy Policy Act of 2005 
shall be credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until expended, so 
as to result in a final fiscal year 2013 appropriation from the general 
fund estimated at not more than $0: Provided further, That fees 
collected under section 1702(h) in excess of the amount appropriated 
for administrative expenses shall not be available until appropriated.

        Advanced Technology Vehicles Manufacturing Loan Program

    For administrative expenses in carrying out the Advanced Technology 
Vehicles Manufacturing Loan Program, $6,000,000, to remain available 
until September 30, 2014.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $230,783,000 
(reduced by $10,000,000) (reduced by $10,000,000) (reduced by 
$18,000,000), to remain available until September 30, 2014, plus such 
additional amounts as necessary to cover increases in the estimated 
amount of cost of work for others notwithstanding the provisions of the 
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such 
increases in cost of work are offset by revenue increases of the same 
or greater amount, to remain available until expended: Provided 
further, That moneys received by the Department for miscellaneous 
revenues estimated to total $108,188,000 in fiscal year 2013 may be 
retained and used for operating expenses within this account, and may 
remain available until expended, as authorized by section 201 of Public 
Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of miscellaneous revenues received during 2013, and any related 
appropriated receipt account balances remaining from prior years' 
miscellaneous revenues, so as to result in a final fiscal year 2013 
appropriation from the general fund estimated at not more than 
$122,595,000: Provided  further, That of the funds made available under 
this heading, such sums as may be necessary shall be available to the 
Secretary of Energy to comply with the Department's energy management 
requirements under section 543(f)(7) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(f)(7)).

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $43,468,000, to remain available until September 30, 2014.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

                    (including rescission of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one ambulance, $7,577,341,000, to remain available until 
expended: Provided, That of the unobligated balances from prior year 
appropriations available under this heading, $65,000,000 is hereby 
permanently rescinded: Provided further, That no amounts may be 
rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985.

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one passenger motor vehicle for replacement only, 
$2,283,024,000 (reduced by $17,319,000) (increased by $17,319,000), to 
remain available until expended: Provided, That of the unobligated 
balances from prior year appropriations available under this heading, 
$7,000,000 is hereby permanently rescinded: Provided further, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,086,635,000, 
to remain available until expended: Provided, That of such amount, 
$43,212,000 shall be available until September 30, 2014, for program 
direction.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $400,000,000 
(reduced by $18,000,000), to remain available until September 30, 2014.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

                    (including rescission of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one ambulance and one fire truck for replacement only, 
$4,930,078,000, to remain available until expended: Provided, That of 
such amount, $315,607,000 shall be available until September 30, 2014, 
for program direction: Provided further, That of the unobligated 
balances from prior year appropriations available under this heading, 
$10,000,000 is hereby permanently rescinded: Provided further, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $813,364,000, to remain available until expended: Provided, 
That of such amount, $114,858,000 shall be available until September 
30, 2014, for program direction.

                     POWER MARKETING ADMINISTRATION

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
construction of, or participating in the construction of, a high 
voltage line from Bonneville's high voltage system to the service areas 
of requirements customers located within Bonneville's service area in 
southern Idaho, southern Montana, and western Wyoming; and such line 
may extend to, and interconnect in, the Pacific Northwest with lines 
between the Pacific Northwest and the Pacific Southwest, and for John 
Day Reprogramming and Construction, the Columbia River Basin White 
Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success 
Evaluation Research, and, in addition, for official reception and 
representation expenses in an amount not to exceed $7,000: Provided, 
That during fiscal year 2013, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, and including official reception and 
representation expenses in an amount not to exceed $1,500, $8,732,000, 
to remain available until expended: Provided, That notwithstanding 31 
U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to 
$8,732,000 collected by the Southeastern Power Administration from the 
sale of power and related services shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
Southeastern Power Administration: Provided further, That the sum 
herein appropriated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final fiscal 
year 2013 appropriation estimated at not more than $0: Provided 
further, That, notwithstanding 31 U.S.C. 3302, up to $87,696,000 
collected by the Southeastern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $44,200,000, to remain available until expended: 
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $32,308,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2013 appropriation 
estimated at not more than $11,892,000: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $41,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures: Provided further, That, for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $291,920,000, to remain 
available until expended, of which $281,702,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $195,790,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2013 appropriation 
estimated at not more than $96,130,000, of which $85,912,000 is derived 
from the Reclamation Fund: Provided further, That of the amount herein 
appropriated, not more than $3,375,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$242,858,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures: Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $5,555,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255) as amended: Provided, That notwithstanding the 
provisions of that Act and of 31 U.S.C. 3302, up to $5,335,000 
collected by the Western Area Power Administration from the sale of 
power and related services from the Falcon and Amistad Dams shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended for the sole purpose of funding the 
annual expenses of the hydroelectric facilities of these Dams and 
associated Western Area Power Administration activities: Provided 
further, That the sum herein appropriated for annual expenses shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2013 appropriation estimated at not more 
than $220,000: Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$304,600,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $304,600,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2013 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2013 so as to result in a final fiscal year 2013 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

                     (including transfer of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', 
enter into a multi-year contract, award a multi-year grant, or enter 
into a multi-year cooperative agreement unless:
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time 
        of award; or
            (2) the contract, grant, or cooperative agreement includes 
        a clause conditioning the Federal Government's obligation on 
        the availability of future-year budget authority and the 
        Secretary notifies the Committee on Appropriations of the House 
        of Representatives and the Senate at least 14 days in advance.
    (c) Except as provided in subsections (d), (e), and (f), the 
amounts made available by this title shall be expended as authorized by 
law for the projects and activities specified in the ``Bill'' column in 
the ``Department of Energy'' table or the text included under the 
heading ``Title III--Department of Energy'' in the report of the 
Committee on Appropriations accompanying this Act.
    (d) The amounts made available by this title may be reprogrammed 
for any program, project, or activity, and the Department shall notify 
the Committees on Appropriations of the House of Representatives and 
the Senate at least 30 days prior to the use of any proposed 
reprogramming which would cause any program, project, or activity 
funding level to increase or decrease by more than $5,000,000 or 10 
percent, whichever is less, during the time period covered by this Act.
    (e) None of the funds provided in this title shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, 
        or activity;
            (2) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (3) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.
    (f)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds made 
available for the Department of Energy if compliance with such 
requirement or restriction would pose a substantial risk to human 
health, the environment, welfare, or national security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of any waiver under paragraph (1) as soon as 
practicable, but not later than 3 days after the date of the activity 
to which a requirement or restriction would otherwise have applied. 
Such notice shall include an explanation of the substantial risk under 
paragraph (1) that permitted such waiver.
    Sec. 302.  The unexpended balances of prior appropriations provided 
for activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
    Sec. 303.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2013 until the enactment of the Intelligence 
Authorization Act for fiscal year 2013.
    Sec. 304.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office of Health, Safety, and Security to ensure 
the project is in compliance with nuclear safety requirements.
    Sec. 305.  None of the funds made available in this title may be 
used to approve a Critical Decision-2 or Critical Decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost 
exceeds $100,000,000, until a separate independent cost estimate has 
been developed for the project for that critical decision.
    Sec. 306.  None of the funds made available in this title may be 
used to make a grant allocation, discretionary grant award, 
discretionary contract award, or Other Transaction Agreement, or to 
issue a letter of intent, totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an allocation, award, or 
Agreement, or to issue such a letter, including a contract covered by 
the Federal Acquisition Regulation, unless the Secretary of Energy 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives at least 3 full business days in advance of making 
such an allocation, award, or Agreement, or issuing such a letter: 
Provided, That if the Secretary of Energy determines that compliance 
with this section would pose a substantial risk to human life, health, 
or safety, an allocation, award, or Agreement may be made, or a letter 
may be issued, without advance notification, and the Secretary shall 
notify the Committees on Appropriations of the Senate and the House of 
Representatives not later than 5 full business days after the date on 
which such an allocation, award, or Agreement is made or letter issued: 
Provided further, That the notification shall include the recipient of 
the award, the amount of the award, the fiscal year for which the funds 
for the award were appropriated, and the account and program from which 
the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    Sec. 307.  None of the funds made available by this or any 
subsequent Act for fiscal year 2013 or any fiscal year hereafter may be 
used to pay the salaries of Department of Energy employees to carry out 
section 407 of division A of the American Recovery and Reinvestment Act 
of 2009.
    Sec. 308.  Section 20320(c) of division B of Public Law 109-289, as 
added by Public Law 110-5, is amended by striking ``an annual review'' 
and inserting ``a review every 3 years''.
    Sec. 309.  Not later than June 30, 2013, the Secretary shall submit 
to the House and Senate Committees on Appropriations a tritium and 
enriched uranium management plan that provides:
     (a) An assessment of the national security demand for tritium 
through 2060;
    (b) An assessment of the national security demand for low and 
highly enriched uranium through 2060;
    (c) A description of the Department of Energy's plan to provide 
adequate amounts of tritium for national security purposes through 
2060, including the derivation of adequate supplies of enriched uranium 
and its use;
    (d) An analysis of planned and alternative tritium production 
technologies, including weapons dismantlement;
    (e) An analysis of planned and alternative enriched uranium 
production technologies, including down-blending, which are available 
to meet the supply needs for national security programs through 2060.
    Sec. 310.  None of the funds made available in this Act may be used 
for uranium transactions that do not conform to the excess uranium 
inventory management plan submitted pursuant to the Consolidated 
Appropriations Act, 2012.
    Sec. 311.  No funds within this Act shall be expended to promulgate 
the final rule pursuant to section 433 of the Energy Independence and 
Security Act of 2007, Public Law 110-140 (Dec. 19, 2007) (42 U.S.C. 
6834) and no funds shall be used to implement any final rule 
implementing section 433 of the Energy Independence and Security Act of 
2007, Public Law 110-140 (Dec. 19, 2007) (42 U.S.C. 6834).
    Sec. 312.  None of the funds made available in this title or funds 
available in the Bonneville Power Administration Fund may be used by 
the Department of Energy for any new program, project, or activity 
required by or otherwise proposed in the memorandum from Steven Chu, 
Secretary of Energy, to the Power Marketing Administrators with the 
subject line ``Power Marketing Administrations' Role'' and dated March 
16, 2012.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 
notwithstanding 40 U.S.C. 14704, and for necessary expenses for the 
Federal Co-Chairman and the Alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $75,317,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $29,415,000, to 
remain available until September 30, 2014.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 
382M, and 382N of said Act, $11,677,000, to remain available until 
expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $10,679,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998: Provided, That funds shall be 
available for construction projects in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
to exceed 50 percent for non-distressed communities.

                  Northern Border Regional Commission

    For necessary expenses of the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $1,425,000, to remain available until expended: Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

    For necessary expenses of the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $250,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $25,000), $1,038,800,000 
(increased by $10,000,000), to remain available until expended: 
Provided, That of the amount appropriated herein, not more than 
$9,500,000 may be made available for salaries, travel, and other 
support costs for the Office of the Commission, of which, 
notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act 
of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure shall only 
be approved by a majority vote of the Commission: Provided further, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $911,772,000 in fiscal year 2013 
shall be retained and used for necessary salaries and expenses in this 
account, notwithstanding 31 U.S.C. 3302, and shall remain available 
until expended: Provided further, That the sum herein appropriated 
shall be reduced by the amount of revenues received during fiscal year 
2013 so as to result in a final fiscal year 2013 appropriation 
estimated at not more than $127,028,000: Provided further, That of the 
amounts appropriated under this heading, $10,000,000 shall be for 
university research and development in areas relevant to their 
respective organization's mission, and $5,000,000 shall be for a 
Nuclear Science and Engineering Grant Program that will support 
multiyear projects that do not align with programmatic missions but are 
critical to maintaining the discipline of nuclear science and 
engineering.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$11,020,000, to remain available until September 30, 2014: Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $9,918,000 in fiscal year 2013 
shall be retained and be available until September 30, 2014, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code: Provided further, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2013 so as to result in a final fiscal year 
2013 appropriation estimated at not more than $1,102,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,400,000, to be 
derived from the Nuclear Waste Fund established in section 302(c) of 
such Act (42 U.S.C. 10222(c)) and to remain available until expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $1,000,000: Provided, That any fees, 
charges, or commissions received pursuant to section 802 of Public Law 
110-140 in fiscal year 2013 in excess of $2,000,000 shall not be 
available for obligation until appropriated in a subsequent Act of 
Congress.

                GENERAL PROVISIONS, INDEPENDENT AGENCIES

    Sec. 401. (a) None of the funds provided for ``Nuclear Regulatory 
Commission--Salaries and Expenses'' in this Act or prior Acts shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (2) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.
    (b) The Chairman of the Nuclear Regulatory Commission may not 
terminate any program, project, or activity without the approval of a 
majority vote of the Commissioners of the Nuclear Regulatory Commission 
approving such action.
    (c) The Nuclear Regulatory Commission may waive the restriction on 
reprogramming under subsection (a) on a case-by-case basis by 
certifying to the Committees on Appropriations of the House of 
Representatives and the Senate that such action is required to address 
national security or imminent risks to public safety. Each such waiver 
certification shall include a letter from the Chairman of the 
Commission that a majority of Commissioners of the Nuclear Regulatory 
Commission have voted and approved the reprogramming waiver 
certification.
    Sec. 402.  The Chairman of the Nuclear Regulatory Commission shall 
notify the Committees on Appropriations of the House of Representatives 
and the Senate not later than 1 day after the Chairman begins 
performing functions under the authority of section 3 of Reorganization 
Plan No. 1 of 1980, or after a member of the Commission who was 
delegated emergency functions under subsection (b) of that section 
begins performing those functions. Such notification shall include an 
explanation of the circumstances warranting the exercise of such 
authority. The Chairman shall report to the Committees, not less 
frequently than once each week, on the actions taken by the Chairman, 
or a delegated member of the Commission, under such authority, until 
the authority is relinquished. The Chairman shall notify the Committees 
not later than 1 day after such authority is relinquished. The Chairman 
shall submit the report required by section 3(d) of the Reorganization 
Plan No. 1 of 1980 to the Committees not later than 1 day after it was 
submitted to the Commission.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    Sec. 503.  None of the funds made available under this Act may be 
expended for any new hire by any Federal agency funded in this Act that 
is not verified through the E-Verify Program as described in section 
403(a) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note).
    Sec. 504.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee to 
any corporation that was convicted (or had an officer or agent of such 
corporation acting on behalf of the corporation convicted) of a felony 
criminal violation under any Federal law within the preceding 24 
months, where the awarding agency is aware of the conviction, unless 
the agency has considered suspension or debarment of the corporation, 
or such officer or agent, and made a determination that this further 
action is not necessary to protect the interests of the Government.
    Sec. 505.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation that has any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative remedies have 
been exhausted or have lapsed, and that is not being paid in a timely 
manner pursuant to an agreement with the authority responsible for 
collecting the tax liability, where the awarding agency is aware of the 
unpaid tax liability, unless the agency has considered suspension or 
debarment of the corporation and made a determination that this further 
action is not necessary to protect the interests of the Government.
    Sec. 506.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'').
    Sec. 507.  No funds made available by this Act may be used to pay 
for mitigation associated with the removal of Federal Energy Regulatory 
Commission Project number 2342.
    Sec. 508.  None of the funds made available in this Act may be used 
to conduct closure of adjudicatory functions, technical review, or 
support activities associated with the Yucca Mountain geologic 
repository license application, or for actions that irrevocably remove 
the possibility that Yucca Mountain may be a repository option in the 
future.

                       spending reduction account

    Sec. 509.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0 
(increased by $25,000,000).
    Sec. 510.  None of the funds made available under this Act may be 
used to plan for the termination of periodic nourishment for any water 
resource development project described in section 156 of the Water 
Resources Development Act of 1976 (Public Law 94-587), as amended by 
the Water Resources Development Act of 1986 (Public Law 99-662).
    Sec. 511.  None of the funds made available by this Act may be used 
to implement section 10011(b) of Public Law 111-11.
    Sec. 512.  None of the funds made available under this Act may be 
used to provide new loan guarantees or loan guarantee commitments under 
section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16515).
    Sec. 513.  None of the funds made available by this Act for 
``Department of Energy; Energy Programs; Science'' may be used in 
contravention of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.).
    Sec. 514.  None of the funds made available by this Act may be used 
by the Department of Energy to require grant recipients to replace any 
lighting that does not meet or exceed the energy efficiency standard 
set forth in section 325 of the Energy Policy and Conservation Act (42 
U.S.C. 6295).
    Sec. 515.  None of the funds made available in this Act may be used 
to develop or submit a proposal to expand the authorized uses of the 
Harbor Maintenance Trust Fund described in section 9505(c) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9505(c)).
    Sec. 516.  None of the funds made available under this Act may be 
used to fund any portion of the International program activities at the 
Office of Energy Efficiency and Renewable Energy of the Department of 
Energy with the exception of the activities authorized in section 917 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337).
    Sec. 517.  None of the funds made available in this Act may be 
used--
            (1) to implement or enforce section 430.32(x) of title 10, 
        Code of Federal Regulations; or
            (2) to implement or enforce the standards established by 
        the tables contained in section 325(i)(1)(B) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with 
        respect to BPAR incandescent reflector lamps, BR incandescent 
        reflector lamps, and ER incandescent reflector lamps.
    Sec. 518.  None of the funds made available in this Act may be used 
to continue the study conducted by the Army Corps of Engineers pursuant 
to section 5018(a)(1) of the Water Resources Development Act of 2007.
    Sec. 519.  None of the funds made available by this Act may be used 
by the Department of Energy or any other Federal agency to lease or 
purchase new light duty vehicles, for any executive fleet, or for an 
agency's fleet inventory, except in accordance with Presidential 
Memorandum-Federal Fleet Performance, dated May 24, 2011.
    Sec. 520.  None of the funds made available by this Act for the 
Title 17 Innovative Technology Loan Guarantee Program may be used by 
the Department of Energy to issue or administer new loan guarantees for 
renewable energy systems, electric power transmission systems, or 
leading edge biofuel projects as defined by section 1705 of the Energy 
Policy Act of 2005.
    Sec. 521.  Of the funds appropriated in title I of this Act, not 
more than $50,000,000 may be used for the Missouri River Recovery 
Program.
    Sec. 522.  None of the funds made available in this Act may be used 
within the borders of the State of Louisiana by the Mississippi Valley 
Division or the Southwestern Division of the Army Corps of Engineers or 
any district of the Corps within such divisions to implement or enforce 
the mitigation methodology, referred to as the ``Modified Charleston 
Method''.
    Sec. 523.  None of the funds made available under this Act may be 
used to carry out section 801 of Energy Independence and Security Act 
of 2007 (42 U.S.C. 17281).
    Sec. 524.  None of the funds made available under this Act for the 
Advanced Research Projects Agency--Energy may be used for unallowable 
costs related to advertising or promoting the sale of products or 
services in contravention of the requirements of section 31.205-1, or 
for unallowable expenditures related to raising capital in 
contravention of the requirements of 31.205-27, of title 48 of the Code 
of Federal Regulations.
    Sec. 525.  None of the funds made available by this Act may be used 
to enforce part 429 or 430 of title 10, Code of Federal Regulations, 
with respect to showerheads (as that term is defined in section 430.2 
of such title).
    Sec. 526.  None of the funds made available by this Act may be used 
to finalize, implement, or enforce the proposed rule entitled ``Energy 
Conservation Program: Energy Conservation Standards for Battery 
Chargers and External Power Supplies'' (77 Fed. Reg. 18478 (March 27, 
2012)) with respect to product class 7 (as described in such proposed 
rule).
    Sec. 527.  None of the funds made available by this Act may be used 
to enforce section 526 of the Energy Independence and Security Act of 
2007 (Public Law 110-140; 42 U.S.C. 17142).
    Sec. 528.  None of the funds made available under this Act may be 
used by the Department of Energy to fund the Wind Powering America 
Initiative.
    Sec. 529.  None of the funds made available by this Act may be used 
by the Department of Energy to subordinate any loan obligation to other 
financing in violation of section 1702 of the Energy Policy Act of 2005 
(42 U.S.C. 16512) or to subordinate any Guaranteed Obligation to any 
loan or other debt obligations in violation of section 609.10 of title 
10 of the Code of Federal Regulations.
    Sec. 530.  None of the funds made available by this Act may be used 
to conduct a survey in which money is included or provided for the 
benefit of the responder.
    Sec. 531.  None the funds made available by this Act may be used 
for the study of the Missouri River Projects authorized in section 108 
of the Energy and Water Development and Related Agencies Appropriations 
Act, 2009 (division C of Public Law 111-8).
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2013''.

            Passed the House of Representatives June 6, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 425

112th CONGRESS

  2d Session

                               H. R. 5325

_______________________________________________________________________

                                 AN ACT

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2013, and for other 
                               purposes.

_______________________________________________________________________

                             June 11, 2012

            Received; read twice and placed on the calendar
```