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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for en3 ergy and water development and related agencies for the 

4 fiscal year ending September 30, 2013, and for other pur5 poses, namely: 

6 TITLE I—CORPS OF ENGINEERS—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to river 

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

15 INVESTIGATIONS

16 For expenses necessary where authorized by law for 

17 the collection and study of basic information pertaining 

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

19 shore protection, aquatic ecosystem restoration, and re20 lated needs; for surveys and detailed studies, and plans 

21 and specifications of proposed river and harbor, flood and 

22 storm damage reduction, shore protection, and aquatic 

23 ecosystem restoration, projects and related efforts prior to 

24 construction; for restudy of authorized projects; and for 

25 miscellaneous investigations, and, when authorized by law, 
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1 surveys and detailed studies, and plans and specifications 

2 of projects prior to construction, $102,000,000, to remain 

3 available until expended. 

4 CONSTRUCTION

5 For expenses necessary for the construction of river 

6 and harbor, flood and storm damage reduction, shore pro7 tection, aquatic ecosystem restoration, and related 

8 projects authorized by law; for conducting detailed studies, 

9 and plans and specifications, of such projects (including 

10 those involving participation by States, local governments, 

11 or private groups) authorized or made eligible for selection 

12 by law (but such detailed studies, and plans and specifica13 tions, shall not constitute a commitment of the Govern14 ment to construction); $1,477,284,000 (increased by 

15 $2,000,000) (increased by $10,000,000) (reduced by 

16 $1,000,000), to remain available until expended; of which 

17 such sums as are necessary to cover the Federal share of 

18 construction costs for facilities under the Dredged Mate19 rial Disposal Facilities program shall be derived from the 

20 Harbor Maintenance Trust Fund as authorized by Public 

21 Law 104–303; and of which such sums as are necessary 

22 to cover one-half of the costs of construction, replacement, 

23 rehabilitation, and expansion of inland waterways projects 

24 shall be derived from the Inland Waterways Trust Fund: 

25 Provided, That the limitation concerning total project 
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1 costs in section 902 of the Water Resources Development 

2 Act of 1986, as amended (33 U.S.C. 2280), shall not 

3 apply during fiscal year 2013 to any project that receives 

4 funds provided in this title. 

5 MISSISSIPPI RIVER AND TRIBUTARIES

6 For expenses necessary for flood damage reduction 

7 projects and related efforts in the Mississippi River allu8 vial valley below Cape Girardeau, Missouri, as authorized 

9 by law, $224,000,000, to remain available until expended, 

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

11 share of eligible operation and maintenance costs for in12 land harbors shall be derived from the Harbor Mainte13 nance Trust Fund. 

14 OPERATION AND MAINTENANCE

15 For expenses necessary for the operation, mainte16 nance, and care of existing river and harbor, flood and 

17 storm damage reduction, aquatic ecosystem restoration, 

18 and related projects authorized by law; providing security 

19 for infrastructure owned or operated by the Corps, includ20 ing administrative buildings and laboratories; maintaining 

21 harbor channels provided by a State, municipality, or 

22 other public agency that serve essential navigation needs 

23 of general commerce, where authorized by law; surveying 

24 and charting northern and northwestern lakes and con25 necting waters; clearing and straightening channels; and 
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1 removing obstructions to navigation, $2,507,409,000 (in2 creased by $571,429), to remain available until expended, 

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

4 share of eligible operation and maintenance costs for 

5 coastal harbors and channels, and for inland harbors shall 

6 be derived from the Harbor Maintenance Trust Fund; of 

7 which such sums as become available from the special ac8 count for the Corps of Engineers established by the Land 

9 and Water Conservation Fund Act of 1965 shall be de10 rived from that account for resource protection, research, 

11 interpretation, and maintenance activities related to re12 source protection in the areas at which outdoor recreation 

13 is available; and of which such sums as become available 

14 from fees collected under section 217 of Public Law 104– 

15 303 shall be used to cover the cost of operation and main16 tenance of the dredged material disposal facilities for 

17 which such fees have been collected: Provided, That 1 per18 cent of the total amount of funds provided for each of the 

19 programs, projects or activities funded under this heading 

20 shall not be allocated to a field operating activity prior 

21 to the beginning of the fourth quarter of the fiscal year 

22 and shall be available for use by the Chief of Engineers 

23 to fund such emergency activities as the Chief of Engi24 neers determines to be necessary and appropriate, and 

25 that the Chief of Engineers shall allocate during the 
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1 fourth quarter any remaining funds which have not been 

2 used for emergency activities proportionally in accordance 

3 with the amounts provided for the programs, projects or 

4 activities. 

5 REGULATORY PROGRAM

6 For expenses necessary for administration of laws 

7 pertaining to regulation of navigable waters and wetlands, 

8 $190,000,000, to remain available until September 30, 

9 2014. 

10 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

11 For expenses necessary to clean up contamination 

12 from sites in the United States resulting from work per13 formed as part of the Nation’s early atomic energy pro14 gram, $104,000,000, to remain available until expended. 

15 FLOOD CONTROL AND COASTAL EMERGENCIES

16 For expenses necessary to prepare for flood, hurri17 cane, and other natural disasters and support emergency 

18 operations, repairs, and other activities in response to 

19 such disasters as authorized by law, $27,000,000 (in20 creased by $3,000,000), to remain available until ex21 pended. 

22 EXPENSES

23 For expenses necessary for the supervision and gen24 eral administration of the civil works program in the head25 quarters of the Corps of Engineers and the offices of the 
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1 Division Engineers; and for costs of management and op2 eration of the Humphreys Engineer Center Support Activ3 ity, the Institute for Water Resources, the United States 

4 Army Engineer Research and Development Center, and 

5 the United States Army Corps of Engineers Finance Cen6 ter allocable to the civil works program, $177,500,000 (re7 duced by $2,000,000) (reduced by $3,000,000), to remain 

8 available until September 30, 2014, of which not to exceed 

9 $5,000 may be used for official reception and representa10 tion purposes and only during the current fiscal year: Pro11 vided, That no part of any other appropriation provided 

12 in title I of this Act shall be available to fund the civil 

13 works activities of the Office of the Chief of Engineers 

14 or the civil works executive direction and management ac15 tivities of the division offices: Provided further, That any 

16 Flood Control and Coastal Emergencies appropriation 

17 may be used to fund the supervision and general adminis18 tration of emergency operations, repairs, and other activi19 ties in response to any flood, hurricane, or other natural 

20 disaster. 

21 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

22 FOR CIVIL WORKS

23 For the Office of the Assistant Secretary of the Army 

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

25 $5,000,000, to remain available until September 30, 2014. 
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1 ADMINISTRATIVE PROVISION

2 The Revolving Fund, Corps of Engineers, shall be 

3 available during the current fiscal year for purchase (not 

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

5 motor vehicles for the civil works program. 

6 GENERAL PROVISIONS, CORPS OF 

7 ENGINEERS—CIVIL 

8 (INCLUDING TRANSFER OF FUNDS)

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

10 shall be available for obligation or expenditure through a 

11 reprogramming of funds that–– 

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

13 or activity; 

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

15 (3) increases funds or personnel for any pro16 gram, project, or activity for which funds are denied 

17 or restricted by this Act; 

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

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

20 Act; 

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

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

23 whichever is less; or 
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1 (6) reduces funds for any program, project, or 

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

3 whichever is less. 

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

5 or activity authorized under section 205 of the Flood Con6 trol Act of 1948, section 14 of the Flood Control Act of 

7 1946, section 208 of the Flood Control Act of 1954, sec8 tion 107 of the River and Harbor Act of 1960, section 

9 103 of the River and Harbor Act of 1962, section 111 

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

11 Water Resources Development Act of 1986, section 206 

12 of the Water Resources Development Act of 1996, or sec13 tion 204 of the Water Resources Development Act of 

14 1992. 

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

16 a quarterly basis to the Committees on Appropriations of 

17 the House of Representatives and the Senate detailing all 

18 the funds reprogrammed between programs, projects, ac19 tivities, or categories of funding. The first quarterly report 

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

21 of enactment of this Act. 

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

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

24 commits funds beyond the amounts appropriated for that 

25 program, project, or activity that remain unobligated, ex-
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1 cept that such amounts may include any funds that have 

2 been made available through reprogramming pursuant to 

3 section 101. 

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

5 Acts, making funds available for Energy and Water Devel6 opment, shall be used to award any continuing contract 

7 that commits additional funding from the Inland Water8 ways Trust Fund unless or until such time that a long9 term mechanism to enhance revenues in this Fund suffi10 cient to meet the cost-sharing authorized in the Water Re11 sources Development Act of 1986 (Public Law 99–662) 

12 is enacted. 

13 SEC. 104. Within 120 days of the date of the Chief 

14 of Engineers Report on a water resource matter, the As15 sistant Secretary of the Army (Civil Works) shall submit 

16 the report to the appropriate authorizing and appro17 priating committees of the Congress. 

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

19 this Act, the Secretary of the Army is authorized to imple20 ment measures recommended in the efficacy study author21 ized under section 3061 of the Water Resources Develop22 ment Act of 2007 (121 Stat. 1121) or in interim reports, 

23 with such modifications or emergency measures as the 

24 Secretary of the Army determines to be appropriate, to 

25 prevent aquatic nuisance species from dispersing into the 
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1 Great Lakes by way of any hydrologic connection between 

2 the Great Lakes and the Mississippi River Basin. 

3 SEC. 106. The Secretary of the Army may transfer 

4 to the Fish and Wildlife Service, and the Fish and Wildlife 

5 Service may accept and expend, up to $4,300,000 of funds 

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

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

8 of Engineers projects. 

9 SEC. 107. None of the funds appropriated in this Act 

10 shall be available for use by the Chicago District of the 

11 United States Army Corps of Engineers to fund any travel 

12 that is outside of the District’s area of operation unless 

13 such travel is directly project-related or is specifically re14 quested by a Member of Congress. 

15 SEC. 108. Of the funds provided for ‘‘Olmsted Locks 

16 and Dam, Ohio River, IL & KY’’ in the table under the 

17 heading ‘‘Corps of Engineers–Civil—Construction’’ in the 

18 report of the Committee on Appropriations accompanying 

19 this Act, not more than 50 percent may be available for 

20 obligation until— 

21 (1) the Corps of Engineers completes a review 

22 of the project, including method of construction; 

23 (2) the Corps of Engineers develops a plan for 

24 the expeditious completion of project construction; 
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1 (3) the findings of the review and the project 

2 completion plan have been communicated to the ap3 propriate committees of the Congress. 

4 SEC. 109. Amounts made available by this Act for 

5 the ‘‘Investigations’’, ‘‘Construction’’, and ‘‘Operation and 

6 Maintenance’’ accounts of the Corps of Engineers may not 

7 be used as provided under the heading ‘‘Additional Fund8 ing for Ongoing Work’’ in the matter relating to each such 

9 account in the report of the Committee on Appropriations 

10 to accompany this Act until the report required under 

11 such heading is submitted. 

12 SEC. 110. None of the funds made available by this 

13 Act or any subsequent Act making appropriations for En14 ergy and Water Development may be used by the Corps 

15 of Engineers to develop, adopt, implement, administer, or 

16 enforce a change or supplement to the rule dated Novem17 ber 13, 1986, or guidance documents dated January 15, 

18 2003, and December 2, 2008, pertaining to the definition 

19 of waters under the jurisdiction of the Federal Water Pol20 lution Control Act (33 U.S.C. 1251 et seq.). 

21 SEC. 111. As of the date of enactment of this Act 

22 and thereafter, the Secretary of the Army shall not pro23 mulgate or enforce any regulation that prohibits an indi24 vidual from possessing a firearm, including an assembled 

25 or functional firearm, at a water resources development 
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1 project covered under section 327.0 of title 36, Code of 

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

3 of this Act), if— 

4 (1) the individual is not otherwise prohibited by 

5 law from possessing the firearm; and 

6 (2) the possession of the firearm is in compli7 ance with the law of the State in which the water 

8 resources development project is located. 

9 TITLE II—DEPARTMENT OF THE INTERIOR 

10 CENTRAL UTAH PROJECT

11 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

12 For carrying out activities authorized by the Central 

13 Utah Project Completion Act, $19,700,000, to remain 

14 available until expended, of which $1,200,000 shall be de15 posited into the Utah Reclamation Mitigation and Con16 servation Account for use by the Utah Reclamation Miti17 gation and Conservation Commission. In addition, for nec18 essary expenses incurred in carrying out related respon19 sibilities of the Secretary of the Interior, $1,300,000. 

20 For fiscal year 2013, the Commission may use an 

21 amount not to exceed $1,500,000 for administrative ex22 penses. 
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1 BUREAU OF RECLAMATION

2 The following appropriations shall be expended to 

3 execute authorized functions of the Bureau of Reclama4 tion: 

5 WATER AND RELATED RESOURCES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For management, development, and restoration of 

8 water and related natural resources and for related activi9 ties, including the operation, maintenance, and rehabilita10 tion of reclamation and other facilities, participation in 

11 fulfilling related Federal responsibilities to Native Ameri12 cans, and related grants to, and cooperative and other 

13 agreements with, State and local governments, federally 

14 recognized Indian tribes, and others, $833,635,000, to re15 main available until expended, of which $29,000 shall be 

16 available for transfer to the Upper Colorado River Basin 

17 Fund and $6,985,000 shall be available for transfer to the 

18 Lower Colorado River Basin Development Fund; of which 

19 such amounts as may be necessary may be advanced to 

20 the Colorado River Dam Fund: Provided, That such trans21 fers may be increased or decreased within the overall ap22 propriation under this heading: Provided further, That of 

23 the total appropriated, the amount for program activities 

24 that can be financed by the Reclamation Fund or the Bu25 reau of Reclamation special fee account established by 16 
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1 U.S.C. 6806 shall be derived from that Fund or account: 

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

3 395 are available until expended for the purposes for 

4 which contributed: Provided further, That funds advanced 

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

6 and are available until expended for the same purposes 

7 as the sums appropriated under this heading: Provided 

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

9 be used for high priority projects which shall be carried 

10 out by the Youth Conservation Corps, as authorized by 

11 16 U.S.C. 1706. 

12 CENTRAL VALLEY PROJECT RESTORATION FUND

13 For carrying out the programs, projects, plans, habi14 tat restoration, improvement, and acquisition provisions of 

15 the Central Valley Project Improvement Act, $39,883,000, 

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

17 Central Valley Project Restoration Fund pursuant to sec18 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

19 102–575, to remain available until expended: Provided, 

20 That the Bureau of Reclamation is directed to assess and 

21 collect the full amount of the additional mitigation and 

22 restoration payments authorized by section 3407(d) of 

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

24 funds made available under this heading may be used for 

25 the acquisition or leasing of water for in-stream purposes 
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1 if the water is already committed to in-stream purposes 

2 by a court adopted decree or order. 

3 CALIFORNIA BAY-DELTA RESTORATION

4 (INCLUDING TRANSFERS OF FUNDS)

5 For carrying out activities authorized by the Water 

6 Supply, Reliability, and Environmental Improvement Act, 

7 consistent with plans to be approved by the Secretary of 

8 the Interior, $36,000,000, to remain available until ex9 pended, of which such amounts as may be necessary to 

10 carry out such activities may be transferred to appropriate 

11 accounts of other participating Federal agencies to carry 

12 out authorized purposes: Provided, That funds appro13 priated herein may be used for the Federal share of the 

14 costs of CALFED Program management: Provided fur15 ther, That the use of any funds provided to the California 

16 Bay-Delta Authority for program-wide management and 

17 oversight activities shall be subject to the approval of the 

18 Secretary of the Interior: Provided further, That CALFED 

19 implementation shall be carried out in a balanced manner 

20 with clear performance measures demonstrating concur21 rent progress in achieving the goals and objectives of the 

22 Program. 

23 POLICY AND ADMINISTRATION

24 For necessary expenses of policy, administration, and 

25 related functions in the Office of the Commissioner, the 
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1 Denver office, and offices in the five regions of the Bureau 

2 of Reclamation, to remain available until September 30, 

3 2014, $57,000,000, to be derived from the Reclamation 

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

5 377: Provided, That no part of any other appropriation 

6 in this Act shall be available for activities or functions 

7 budgeted as policy and administration expenses. 

8 ADMINISTRATIVE PROVISION

9 Appropriations for the Bureau of Reclamation shall 

10 be available for purchase of not to exceed five passenger 

11 motor vehicles, which are for replacement only. 

12 GENERAL PROVISIONS, DEPARTMENT OF THE 

13 INTERIOR 

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

15 shall be available for obligation or expenditure through a 

16 reprogramming of funds that— 

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

18 or activity; 

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

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

21 activity for which funds have been denied or re22 stricted by this Act; 

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

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

25 unless prior approval is received from the Commit-
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1 tees on Appropriations of the House of Representa2 tives and the Senate; 

3 (5) transfers funds in excess of the following 

4 limits— 

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

6 activity for which $2,000,000 or more is avail7 able at the beginning of the fiscal year; or 

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

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

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

12 the Facilities Operation, Maintenance, and Rehabili13 tation category or the Resources Management and 

14 Development category to any program, project, or 

15 activity in the other category; or 

16 (7) transfers, when 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. 

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

23 of funds within the Facilities Operation, Maintenance, and 

24 Rehabilitation category. 
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1 (c) For purposes of this section, the term ‘‘transfer’’ 

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

3 project, or activity. 

4 (d) The Bureau of Reclamation shall submit reports 

5 on a quarterly basis to the Committees on Appropriations 

6 of the House of Representatives and the Senate detailing 

7 all the funds reprogrammed between programs, projects, 

8 activities, or categories of funding. The first quarterly re9 port shall be submitted not later than 60 days after the 

10 date of enactment of this Act. 

11 SEC. 202. (a) None of the funds appropriated or oth12 erwise made available by this Act may be used to deter13 mine the final point of discharge for the interceptor drain 

14 for the San Luis Unit until development by the Secretary 

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

16 shall conform to the water quality standards of the State 

17 of California as approved by the Administrator of the En18 vironmental Protection Agency, to minimize any detri19 mental effect of the San Luis drainage waters. 

20 (b) The costs of the Kesterson Reservoir Cleanup 

21 Program and the costs of the San Joaquin Valley Drain22 age Program shall be classified by the Secretary of the 

23 Interior as reimbursable or nonreimbursable and collected 

24 until fully repaid pursuant to the ‘‘Cleanup Program-Al25 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
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1 Repayment Plan’’ described in the report entitled ‘‘Repay2 ment Report, Kesterson Reservoir Cleanup Program and 

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

4 prepared by the Department of the Interior, Bureau of 

5 Reclamation. Any future obligations of funds by the 

6 United States relating to, or providing for, drainage serv7 ice or drainage studies for the San Luis Unit shall be fully 

8 reimbursable by San Luis Unit beneficiaries of such serv9 ice or studies pursuant to Federal reclamation law. 

10 TITLE III—DEPARTMENT OF ENERGY 

11 ENERGY PROGRAMS 

12 ENERGY EFFICIENCY AND RENEWABLE ENERGY

13 (INCLUDING RESCISSION OF FUNDS)

14 For Department of Energy expenses including the 

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

17 efficiency and renewable energy activities in carrying out 

18 the purposes of the Department of Energy Organization 

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

20 condemnation of any real property or any facility or for 

21 plant or facility acquisition, construction, or expansion, 

22 $1,450,960,000 to remain available until expended: Pro23 vided, That of such amount, $115,000,000 shall be avail24 able until September 30, 2014, for program direction: Pro25 vided further, That for the purposes of allocating weather-
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1 ization assistance funds to States and tribes during fiscal 

2 year 2013, the Secretary of Energy may waive the alloca3 tion formula established pursuant to section 414(a) of the 

4 Energy Conservation and Production Act (42 U.S.C. 

5 6864(a)): Provided further, That of the unobligated bal6 ances from prior year appropriations available under this 

7 heading, $69,667,000 is hereby permanently rescinded: 

8 Provided further, That no amounts may be rescinded from 

9 amounts that were designated by the Congress as an 

10 emergency requirement pursuant to the Concurrent Reso11 lution on the Budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

14 For Department of Energy expenses including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment, and other expenses necessary for elec17 tricity delivery and energy reliability activities in carrying 

18 out the purposes of the Department of Energy Organiza19 tion Act (42 U.S.C. 7101 et seq.), including the acquisi20 tion or condemnation of any real property or any facility 

21 or for plant or facility acquisition, construction, or expan22 sion, $123,000,000, to remain available until expended: 

23 Provided, That of such amount, $27,600,000 shall be 

24 available until September 30, 2014, for program direction. 
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1 NUCLEAR ENERGY

2 For Department of Energy expenses including the 

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

5 energy activities in carrying out the purposes of the De6 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

8 real property or any facility or for plant or facility acquisi9 tion, construction, or expansion, and the purchase of not 

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

11 only, $765,391,000, to remain available until expended, 

12 of which $10,000,000 shall be derived from the Nuclear 

13 Waste Fund established in section 302 (c) of the Nuclear 

14 Waste Policy Act of 1982 (42 U.S.C. 10222(c)), to be 

15 made available only to support the high-level waste geo16 logic repository at Yucca Mountain: Provided, That, of the 

17 amount made available under this heading, $90,015,000 

18 shall be available until September 30, 2014, for program 

19 direction. 

20 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

21 For necessary expenses in carrying out fossil energy 

22 research and development activities, under the authority 

23 of the Department of Energy Organization Act (Public 

24 Law 95–91), including the acquisition of interest, includ25 ing defeasible and equitable interests in any real property 
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1 or any facility or for plant or facility acquisition or expan2 sion, and for conducting inquiries, technological investiga3 tions and research concerning the extraction, processing, 

4 use, and disposal of mineral substances without objection5 able social and environmental costs (30 U.S.C. 3, 1602, 

6 and 1603), $554,000,000 (reduced by $25,000,000), to 

7 remain available until expended: Provided, That of such 

8 amount, $115,753,000 shall be available until September 

9 30, 2014, for program direction: Provided further, That 

10 for all programs funded under Fossil Energy appropria11 tions in this Act or any other Act, the Secretary of Energy 

12 may vest fee title or other property interests acquired 

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

14 NAVAL PETROLEUM AND OIL SHALE RESERVES

15 For expenses necessary to carry out naval petroleum 

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

17 available until expended: Provided, That, notwithstanding 

18 any other provision of law, unobligated funds remaining 

19 from prior years shall be available for all naval petroleum 

20 and oil shale reserve activities. 

21 ELK HILLS SCHOOL LANDS FUND

22 For necessary expenses in fulfilling the final payment 

23 under the Settlement Agreement entered into by the 

24 United States and the State of California on October 11, 

25 1996, as authorized by section 3415 of Public Law 104– 
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1 106, $15,579,815, for payment to the State of California 

2 for the State Teachers’ Retirement Fund, of which 

3 $15,579,815 shall be derived from the Elk Hills School 

4 Lands Fund. 

5 STRATEGIC PETROLEUM RESERVE

6 For necessary expenses for Strategic Petroleum Re7 serve facility development and operations and program 

8 management activities pursuant to the Energy Policy and 

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

10 et seq.), $195,609,000, to remain available until expended. 

11 NORTHEAST HOME HEATING OIL RESERVE

12 (INCLUDING RESCISSION OF FUNDS)

13 For necessary expenses for Northeast Home Heating 

14 Oil Reserve storage, operation, and management activities 

15 pursuant to the Energy Policy and Conservation Act, 

16 $10,119,000, to remain available until expended: Pro17 vided, That of the unobligated balances from prior year 

18 appropriations available under this heading, $6,000,000 is 

19 hereby permanently rescinded: Provided further, That no 

20 amounts may be rescinded from amounts that were des21 ignated by the Congress as an emergency requirement 

22 pursuant to the Concurrent Resolution on the Budget or 

23 the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 
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1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities 

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

4 to remain available until expended. 

5 NON-DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

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

10 purposes of the Department of Energy Organization Act 

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

13 or facility acquisition, construction, or expansion, 

14 $198,506,000 (increased by $36,000,000), to remain 

15 available until expended. 

16 URANIUM ENRICHMENT DECONTAMINATION AND

17 DECOMMISSIONING FUND

18 For necessary expenses in carrying out uranium en19 richment facility decontamination and decommissioning, 

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

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

22 the Energy Policy Act of 1992, $425,493,000 to be de23 rived from the Uranium Enrichment Decontamination and 

24 Decommissioning Fund, to remain available until ex25 pended. 
26 

•HR 5325 EH

1 SCIENCE

2 (INCLUDING RESCISSION OF FUNDS)

3 For Department of Energy expenses including the 

4 purchase, construction, and acquisition of plant and cap5 ital equipment, and other expenses necessary for science 

6 activities in carrying out the purposes of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or facility or for plant or facility acquisition, construc10 tion, or expansion, and purchase of not more than 25 pas11 senger motor vehicles for replacement only, including one 

12 ambulance and one bus, $4,824,931,000, to remain avail13 able until expended: Provided, That of such amount, 

14 $185,000,000 shall be available until September 30, 2014, 

15 for program direction: Provided further, That of the unob16 ligated balances from appropriations available under this 

17 heading, $23,500,000 is hereby permanently rescinded: 

18 Provided further, That no amounts may be rescinded from 

19 amounts that were designated by the Congress as an 

20 emergency requirement pursuant to the Concurrent Reso21 lution on the Budget or the Balanced Budget and Emer22 gency Deficit Control Act of 1985. 

23 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

24 For necessary expenses in carrying out the activities 

25 authorized by section 5012 of the America COMPETES 
27 

•HR 5325 EH

1 Act (Public Law 110–69), as amended, $200,000,000, to 

2 remain available until expended: Provided, That of such 

3 amount, $20,000,000 shall be available until September 

4 30, 2014, for program direction. 

5 NUCLEAR WASTE DISPOSAL

6 For nuclear waste disposal activities to carry out the 

7 purposes of the Nuclear Waste Policy Act of 1982, Public 

8 Law 97–425, as amended (the ‘‘NWPA’’), $25,000,000, 

9 to remain available until expended, and to be derived from 

10 the Nuclear Waste Fund established in section 302(c) of 

11 such Act (42 U.S.C. 10222(c)), to be made available only 

12 to support the Yucca Mountain license application: Pro13 vided, That not less than $5,000,000 of funds made avail14 able under this heading shall be made available only for 

15 assistance to affected units of local government which have 

16 given formal consent to the Secretary of Energy to host 

17 a high-level waste repository as authorized by the NWPA. 

18 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

19 PROGRAM

20 Such sums as are derived from amounts received 

21 from borrowers pursuant to section 1702(b)(2) of the En22 ergy Policy Act of 2005 under this heading in prior Acts, 

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

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

25 necessary administrative expenses to carry out this Loan 
28 

•HR 5325 EH

1 Guarantee program, $38,000,000 is appropriated, to re2 main available until September 30, 2014: Provided further, 

3 That $38,000,000 of the fees collected pursuant to section 

4 1702(h) of the Energy Policy Act of 2005 shall be credited 

5 as offsetting collections to this account to cover adminis6 trative expenses and shall remain available until expended, 

7 so as to result in a final fiscal year 2013 appropriation 

8 from the general fund estimated at not more than $0: Pro9 vided further, That fees collected under section 1702(h) 

10 in excess of the amount appropriated for administrative 

11 expenses shall not be available until appropriated. 

12 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

13 LOAN PROGRAM

14 For administrative expenses in carrying out the Ad15 vanced Technology Vehicles Manufacturing Loan Pro16 gram, $6,000,000, to remain available until September 30, 

17 2014. 

18 DEPARTMENTAL ADMINISTRATION

19 For salaries and expenses of the Department of En20 ergy necessary for departmental administration in car21 rying out the purposes of the Department of Energy Orga22 nization Act (42 U.S.C. 7101 et seq.), including the hire 

23 of passenger motor vehicles and official reception and rep24 resentation expenses not to exceed $30,000, $230,783,000 

25 (reduced by $10,000,000) (reduced by $10,000,000) (re-
29 

•HR 5325 EH

1 duced by $18,000,000), to remain available until Sep2 tember 30, 2014, plus such additional amounts as nec3 essary to cover increases in the estimated amount of cost 

4 of work for others notwithstanding the provisions of the 

5 Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

6 That such increases in cost of work are offset by revenue 

7 increases of the same or greater amount, to remain avail8 able until expended: Provided further, That moneys re9 ceived by the Department for miscellaneous revenues esti10 mated to total $108,188,000 in fiscal year 2013 may be 

11 retained and used for operating expenses within this ac12 count, and may remain available until expended, as au13 thorized by section 201 of Public Law 95–238, notwith14 standing the provisions of 31 U.S.C. 3302: Provided fur15 ther, That the sum herein appropriated shall be reduced 

16 by the amount of miscellaneous revenues received during 

17 2013, and any related appropriated receipt account bal18 ances remaining from prior years’ miscellaneous revenues, 

19 so as to result in a final fiscal year 2013 appropriation 

20 from the general fund estimated at not more than 

21 $122,595,000: Provided further, That of the funds made 

22 available under this heading, such sums as may be nec23 essary shall be available to the Secretary of Energy to 

24 comply with the Department’s energy management re-
30 

•HR 5325 EH

1 quirements under section 543(f)(7) of the National En2 ergy Conservation Policy Act (42 U.S.C. 8253(f)(7)). 

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, as amended, $43,468,000, to remain 

7 available until September 30, 2014. 

8 ATOMIC ENERGY DEFENSE ACTIVITIES 

9 NATIONAL NUCLEAR SECURITY 

10 ADMINISTRATION 

11 WEAPONS ACTIVITIES

12 (INCLUDING RESCISSION OF FUNDS)

13 For Department of Energy expenses, including the 

14 purchase, construction, and acquisition of plant and cap15 ital equipment and other incidental expenses necessary for 

16 atomic energy defense weapons activities in carrying out 

17 the purposes of the Department of Energy Organization 

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

19 condemnation of any real property or any facility or for 

20 plant or facility acquisition, construction, or expansion, 

21 and the purchase of not to exceed one ambulance, 

22 $7,577,341,000, to remain available until expended: Pro23 vided, That of the unobligated balances from prior year 

24 appropriations available under this heading, $65,000,000 

25 is hereby permanently rescinded: Provided further, That 
31 

•HR 5325 EH

1 no amounts may be rescinded from amounts that were 

2 designated by the Congress as an emergency requirement 

3 pursuant to the Concurrent Resolution on the Budget or 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 DEFENSE NUCLEAR NONPROLIFERATION

7 (INCLUDING RESCISSION OF FUNDS)

8 For Department of Energy expenses, including the 

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

11 defense nuclear nonproliferation activities, in carrying out 

12 the purposes of the Department of Energy Organization 

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

14 condemnation of any real property or any facility or for 

15 plant or facility acquisition, construction, or expansion, 

16 and the purchase of not to exceed one passenger motor 

17 vehicle for replacement only, $2,283,024,000 (reduced by 

18 $17,319,000) (increased by $17,319,000), to remain avail19 able until expended: Provided, That of the unobligated bal20 ances from prior year appropriations available under this 

21 heading, $7,000,000 is hereby permanently rescinded: 

22 Provided further, That no amounts may be rescinded from 

23 amounts that were designated by the Congress as an 

24 emergency requirement pursuant to the Concurrent Reso-
32 

•HR 5325 EH

1 lution on the Budget or the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 NAVAL REACTORS

4 For Department of Energy expenses necessary for 

5 naval reactors activities to carry out the Department of 

6 Energy Organization Act (42 U.S.C. 7101 et seq.), includ7 ing the acquisition (by purchase, condemnation, construc8 tion, or otherwise) of real property, plant, and capital 

9 equipment, facilities, and facility expansion, 

10 $1,086,635,000, to remain available until expended: Pro11 vided, That of such amount, $43,212,000 shall be avail12 able until September 30, 2014, for program direction. 

13 OFFICE OF THE ADMINISTRATOR

14 For necessary expenses of the Office of the Adminis15 trator in the National Nuclear Security Administration, 

16 including official reception and representation expenses 

17 not to exceed $12,000, $400,000,000 (reduced by 

18 $18,000,000), to remain available until September 30, 

19 2014. 

20 ENVIRONMENTAL AND OTHER DEFENSE 

21 ACTIVITIES 

22 DEFENSE ENVIRONMENTAL CLEANUP

23 (INCLUDING RESCISSION OF FUNDS)

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and cap-
33 

•HR 5325 EH

1 ital equipment and other expenses necessary for atomic 

2 energy defense environmental cleanup activities in car3 rying out the purposes of the Department of Energy Orga4 nization Act (42 U.S.C. 7101 et seq.), including the acqui5 sition or condemnation of any real property or any facility 

6 or for plant or facility acquisition, construction, or expan7 sion, and the purchase of not to exceed one ambulance 

8 and one fire truck for replacement only, $4,930,078,000, 

9 to remain available until expended: Provided, That of such 

10 amount, $315,607,000 shall be available until September 

11 30, 2014, for program direction: Provided further, That 

12 of the unobligated balances from prior year appropriations 

13 available under this heading, $10,000,000 is hereby per14 manently rescinded: Provided further, That no amounts 

15 may be rescinded from amounts that were designated by 

16 the Congress as an emergency requirement pursuant to 

17 the Concurrent Resolution on the Budget or the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 OTHER DEFENSE ACTIVITIES

20 For Department of Energy expenses, including the 

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

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

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
34 

•HR 5325 EH

1 cluding the acquisition or condemnation of any real prop2 erty or any facility or for plant or facility acquisition, con3 struction, or expansion, $813,364,000, to remain available 

4 until expended: Provided, That of such amount, 

5 $114,858,000 shall be available until September 30, 2014, 

6 for program direction. 

7 POWER MARKETING ADMINISTRATION 

8 BONNEVILLE POWER ADMINISTRATION FUND

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

11 are approved for construction of, or participating in the 

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

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

15 Idaho, southern Montana, and western Wyoming; and 

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

17 Northwest with lines between the Pacific Northwest and 

18 the Pacific Southwest, and for John Day Reprogramming 

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

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

22 reception and representation expenses in an amount not 

23 to exceed $7,000: Provided, That during fiscal year 2013, 

24 no new direct loan obligations may be made. 
35 

•HR 5325 EH

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, $8,732,000, 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 $8,732,000 

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 2013 appropriation estimated at not more than 

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

23 3302, up to $87,696,000 collected by the Southeastern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 
36 

•HR 5325 EH

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, $44,200,000, 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 $32,308,000 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 
37 

•HR 5325 EH

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 2013 appropriation estimated at not more than 

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

7 U.S.C. 3302, up to $41,000,000 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; $291,920,000, 
38 

•HR 5325 EH

1 to remain available until expended, of which $281,702,000 

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 $195,790,000 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 2013 appropriation esti16 mated at not more than $96,130,000, of which 

17 $85,912,000 is derived from the Reclamation Fund: Pro18 vided further, That of the amount herein appropriated, not 

19 more than $3,375,000 is for deposit into the Utah Rec20 lamation Mitigation and Conservation Account pursuant 

21 to title IV of the Reclamation Projects Authorization and 

22 Adjustment Act of 1992: Provided further, That notwith23 standing 31 U.S.C. 3302, up to $242,858,000 collected 

24 by the Western Area Power Administration pursuant to 

25 the Flood Control Act of 1944 and the Reclamation 
39 

•HR 5325 EH

1 Project Act of 1939 to recover purchase power and wheel2 ing expenses shall be credited to this account as offsetting 

3 collections, to remain available until expended for the sole 

4 purpose of making purchase power and wheeling expendi5 tures: Provided further, That for purposes of this appro6 priation, annual expenses means expenditures that are 

7 generally recovered in the same year that they are in8 curred (excluding purchase power and wheeling expenses). 

9 FALCON AND AMISTAD OPERATING AND MAINTENANCE

10 FUND

11 For operation, maintenance, and emergency costs for 

12 the hydroelectric facilities at the Falcon and Amistad 

13 Dams, $5,555,000, to remain available until expended, 

14 and to be derived from the Falcon and Amistad Operating 

15 and Maintenance Fund of the Western Area Power Ad16 ministration, as provided in section 2 of the Act of June 

17 18, 1954 (68 Stat. 255) as amended: Provided, That not18 withstanding the provisions of that Act and of 31 U.S.C. 

19 3302, up to $5,335,000 collected by the Western Area 

20 Power Administration from the sale of power and related 

21 services from the Falcon and Amistad Dams shall be cred22 ited to this account as discretionary offsetting collections, 

23 to remain available until expended for the sole purpose 

24 of funding the annual expenses of the hydroelectric facili25 ties of these Dams and associated Western Area Power 
40 

•HR 5325 EH

1 Administration activities: Provided further, That the sum 

2 herein appropriated for annual expenses shall be reduced 

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

4 result in a final fiscal year 2013 appropriation estimated 

5 at not more than $220,000: Provided further, That for 

6 purposes of this appropriation, annual expenses means ex7 penditures that are generally recovered in the same year 

8 that they are incurred. 

9 FEDERAL ENERGY REGULATORY COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Energy Regu12 latory Commission to carry out the provisions of the De13 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

15 the hire of passenger motor vehicles, and official reception 

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

17 $304,600,000, to remain available until expended: Pro18 vided, That notwithstanding any other provision of law, 

19 not to exceed $304,600,000 of revenues from fees and an20 nual charges, and other services and collections in fiscal 

21 year 2013 shall be retained and used for necessary ex22 penses in this account, and shall remain available until 

23 expended: Provided further, That the sum herein appro24 priated from the general fund shall be reduced as revenues 

25 are received during fiscal year 2013 so as to result in a 
41 

•HR 5325 EH

1 final fiscal year 2013 appropriation from the general fund 

2 estimated at not more than $0. 

3 GENERAL PROVISIONS, DEPARTMENT OF 

4 ENERGY 

5 (INCLUDING TRANSFER OF FUNDS)

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

7 made available by this title for the Department of Energy 

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

9 or activity or to prepare or initiate Requests For Proposals 

10 or similar arrangements (including Requests for 

11 Quotations, Requests for Information, and Funding Op12 portunity Announcements) for a program, project, or ac13 tivity if the program, project, or activity has not been 

14 funded by Congress. 

15 (b) The Department of Energy may not, with respect 

16 to any program, project, or activity that uses budget au17 thority made available in this title under the heading ‘‘De18 partment of Energy—Energy Programs’’, enter into a 

19 multi-year contract, award a multi-year grant, or enter 

20 into a multi-year cooperative agreement unless: 

21 (1) the contract, grant, or cooperative agree22 ment is funded for the full period of performance as 

23 anticipated at the time of award; or 

24 (2) the contract, grant, or cooperative agree25 ment includes a clause conditioning the Federal Gov-
42 

•HR 5325 EH

1 ernment’s obligation on the availability of future2 year budget authority and the Secretary notifies the 

3 Committee on Appropriations of the House of Rep4 resentatives and the Senate at least 14 days in ad5 vance. 

6 (c) Except as provided in subsections (d), (e), and 

7 (f), the amounts made available by this title shall be ex8 pended as authorized by law for the projects and activities 

9 specified in the ‘‘Bill’’ column in the ‘‘Department of En10 ergy’’ table or the text included under the heading ‘‘Title 

11 III—Department of Energy’’ in the report of the Com12 mittee on Appropriations accompanying this Act. 

13 (d) The amounts made available by this title may be 

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

15 the Department shall notify the Committees on Appropria16 tions of the House of Representatives and the Senate at 

17 least 30 days prior to the use of any proposed reprogram18 ming which would cause any program, project, or activity 

19 funding level to increase or decrease by more than 

20 $5,000,000 or 10 percent, whichever is less, during the 

21 time period covered by this Act. 

22 (e) None of the funds provided in this title shall be 

23 available for obligation or expenditure through a re24 programming of funds that— 
43 

•HR 5325 EH

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

2 project, or activity; 

3 (2) increases funds or personnel for any pro4 gram, project, or activity for which funds are denied 

5 or restricted by this Act; or 

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

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

8 Act. 

9 (f)(1) The Secretary of Energy may waive any re10 quirement or restriction in this section that applies to the 

11 use of funds made available for the Department of Energy 

12 if compliance with such requirement or restriction would 

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

14 welfare, or national security. 

15 (2) The Secretary of Energy shall notify the Commit16 tees on Appropriations of any waiver under paragraph (1) 

17 as soon as practicable, but not later than 3 days after the 

18 date of the activity to which a requirement or restriction 

19 would otherwise have applied. Such notice shall include an 

20 explanation of the substantial risk under paragraph (1) 

21 that permitted such waiver. 

22 SEC. 302. The unexpended balances of prior appro23 priations provided for activities in this Act may be avail24 able to the same appropriation accounts for such activities 

25 established pursuant to this title. Available balances may 
44 

•HR 5325 EH

1 be merged with funds in the applicable established ac2 counts and thereafter may be accounted for as one fund 

3 for the same time period as originally enacted. 

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

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

6 Act, for intelligence activities are deemed to be specifically 

7 authorized by the Congress for purposes of section 504 

8 of the National Security Act of 1947 (50 U.S.C. 414) dur9 ing fiscal year 2013 until the enactment of the Intelligence 

10 Authorization Act for fiscal year 2013. 

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

12 title shall be used for the construction of facilities classi13 fied as high-hazard nuclear facilities under 10 CFR Part 

14 830 unless independent oversight is conducted by the Of15 fice of Health, Safety, and Security to ensure the project 

16 is in compliance with nuclear safety requirements. 

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

18 title may be used to approve a Critical Decision-2 or Crit19 ical Decision-3 under Department of Energy Order 

20 413.3B, or any successive departmental guidance, for con21 struction projects where the total project cost exceeds 

22 $100,000,000, until a separate independent cost estimate 

23 has been developed for the project for that critical deci24 sion. 
45 

•HR 5325 EH

1 SEC. 306. None of the funds made available in this 

2 title may be used to make a grant allocation, discretionary 

3 grant award, discretionary contract award, or Other 

4 Transaction Agreement, or to issue a letter of intent, to5 taling in excess of $1,000,000, or to announce publicly the 

6 intention to make such an allocation, award, or Agree7 ment, or to issue such a letter, including a contract cov8 ered by the Federal Acquisition Regulation, unless the 

9 Secretary of Energy notifies the Committees on Appro10 priations of the Senate and the House of Representatives 

11 at least 3 full business days in advance of making such 

12 an allocation, award, or Agreement, or issuing such a let13 ter: Provided, That if the Secretary of Energy determines 

14 that compliance with this section would pose a substantial 

15 risk to human life, health, or safety, an allocation, award, 

16 or Agreement may be made, or a letter may be issued, 

17 without advance notification, and the Secretary shall no18 tify the Committees on Appropriations of the Senate and 

19 the House of Representatives not later than 5 full business 

20 days after the date on which such an allocation, award, 

21 or Agreement is made or letter issued: Provided further, 

22 That the notification shall include the recipient of the 

23 award, the amount of the award, the fiscal year for which 

24 the funds for the award were appropriated, and the ac25 count and program from which the funds are being drawn, 
46 

•HR 5325 EH

1 the title of the award, and a brief description of the activ2 ity for which the award is made. 

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

4 or any subsequent Act for fiscal year 2013 or any fiscal 

5 year hereafter may be used to pay the salaries of Depart6 ment of Energy employees to carry out section 407 of divi7 sion A of the American Recovery and Reinvestment Act 

8 of 2009. 

9 SEC. 308. Section 20320(c) of division B of Public 

10 Law 109–289, as added by Public Law 110–5, is amended 

11 by striking ‘‘an annual review’’ and inserting ‘‘a review 

12 every 3 years’’. 

13 SEC. 309. Not later than June 30, 2013, the Sec14 retary shall submit to the House and Senate Committees 

15 on Appropriations a tritium and enriched uranium man16 agement plan that provides: 

17 (a) An assessment of the national security demand 

18 for tritium through 2060; 

19 (b) An assessment of the national security demand 

20 for low and highly enriched uranium through 2060; 

21 (c) A description of the Department of Energy’s plan 

22 to provide adequate amounts of tritium for national secu23 rity purposes through 2060, including the derivation of 

24 adequate supplies of enriched uranium and its use; 
47 

•HR 5325 EH

1 (d) An analysis of planned and alternative tritium 

2 production technologies, including weapons dismantle3 ment; 

4 (e) An analysis of planned and alternative enriched 

5 uranium production technologies, including down-blend6 ing, which are available to meet the supply needs for na7 tional security programs through 2060. 

8 SEC. 310. None of the funds made available in this 

9 Act may be used for uranium transactions that do not con10 form to the excess uranium inventory management plan 

11 submitted pursuant to the Consolidated Appropriations 

12 Act, 2012. 

13 SEC. 311. No funds within this Act shall be expended 

14 to promulgate the final rule pursuant to section 433 of 

15 the Energy Independence and Security Act of 2007, Pub16 lic Law 110–140 (Dec. 19, 2007) (42 U.S.C. 6834) and 

17 no funds shall be used to implement any final rule imple18 menting section 433 of the Energy Independence and Se19 curity Act of 2007, Public Law 110–140 (Dec. 19, 2007) 

20 (42 U.S.C. 6834). 

21 SEC. 312. None of the funds made available in this 

22 title or funds available in the Bonneville Power Adminis23 tration Fund may be used by the Department of Energy 

24 for any new program, project, or activity required by or 

25 otherwise proposed in the memorandum from Steven Chu, 
48 

•HR 5325 EH

1 Secretary of Energy, to the Power Marketing Administra2 tors with the subject line ‘‘Power Marketing Administra3 tions’ Role’’ and dated March 16, 2012. 

4 TITLE IV—INDEPENDENT AGENCIES 

5 APPALACHIAN REGIONAL COMMISSION

6 For expenses necessary to carry out the programs au7 thorized by the Appalachian Regional Development Act of 

8 1965, as amended, notwithstanding 40 U.S.C. 14704, and 

9 for necessary expenses for the Federal Co-Chairman and 

10 the Alternate on the Appalachian Regional Commission, 

11 for payment of the Federal share of the administrative ex12 penses of the Commission, including services as authorized 

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

14 $75,317,000, to remain available until expended. 

15 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Defense Nuclear Fa18 cilities Safety Board in carrying out activities authorized 

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

20 Law 100–456, section 1441, $29,415,000, to remain 

21 available until September 30, 2014. 

22 DELTA REGIONAL AUTHORITY

23 SALARIES AND EXPENSES

24 For necessary expenses of the Delta Regional Author25 ity and to carry out its activities, as authorized by the 
49 

•HR 5325 EH

1 Delta Regional Authority Act of 2000, as amended, not2 withstanding sections 382C(b)(2), 382F(d), 382M, and 

3 382N of said Act, $11,677,000, to remain available until 

4 expended. 

5 DENALI COMMISSION

6 For expenses of the Denali Commission including the 

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

9 $10,679,000, to remain available until expended, notwith10 standing the limitations contained in section 306(g) of the 

11 Denali Commission Act of 1998: Provided, That funds 

12 shall be available for construction projects in an amount 

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

14 communities, as defined by section 307 of the Denali Com15 mission Act of 1998 (division C, title III, Public Law 105– 

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

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

18 amount not to exceed 50 percent for non-distressed com19 munities. 

20 NORTHERN BORDER REGIONAL COMMISSION

21 For necessary expenses of the Northern Border Re22 gional Commission in carrying out activities authorized by 

23 subtitle V of title 40, United States Code, $1,425,000, to 

24 remain available until expended: Provided, That such 

25 amounts shall be available for administrative expenses, 
50 

•HR 5325 EH

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

2 States Code. 

3 SOUTHEAST CRESCENT REGIONAL COMMISSION

4 For necessary expenses of the Southeast Crescent Re5 gional Commission in carrying out activities authorized by 

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

7 remain available until expended. 

8 NUCLEAR REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Commission in car11 rying out the purposes of the Energy Reorganization Act 

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

13 as amended, including official representation expenses 

14 (not to exceed $25,000), $1,038,800,000 (increased by 

15 $10,000,000), to remain available until expended: Pro16 vided, That of the amount appropriated herein, not more 

17 than $9,500,000 may be made available for salaries, trav18 el, and other support costs for the Office of the Commis19 sion, of which, notwithstanding section 201(a)(2)(c) of the 

20 Energy Reorganization Act of 1974 (42 U.S.C. 

21 5841(a)(2)(c)), the use and expenditure shall only be ap22 proved by a majority vote of the Commission: Provided 

23 further, That revenues from licensing fees, inspection serv24 ices, and other services and collections estimated at 

25 $911,772,000 in fiscal year 2013 shall be retained and 
51 

•HR 5325 EH

1 used for necessary salaries and expenses in this account, 

2 notwithstanding 31 U.S.C. 3302, and shall remain avail3 able until expended: Provided further, That the sum herein 

4 appropriated shall be reduced by the amount of revenues 

5 received during fiscal year 2013 so as to result in a final 

6 fiscal year 2013 appropriation estimated at not more than 

7 $127,028,000: Provided further, That of the amounts ap8 propriated under this heading, $10,000,000 shall be for 

9 university research and development in areas relevant to 

10 their respective organization’s mission, and $5,000,000 

11 shall be for a Nuclear Science and Engineering Grant Pro12 gram that will support multiyear projects that do not align 

13 with programmatic missions but are critical to maintain14 ing the discipline of nuclear science and engineering. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $11,020,000, to remain available 

19 until September 30, 2014: Provided, That revenues from 

20 licensing fees, inspection services, and other services and 

21 collections estimated at $9,918,000 in fiscal year 2013 

22 shall be retained and be available until September 30, 

23 2014, for necessary salaries and expenses in this account, 

24 notwithstanding section 3302 of title 31, United States 

25 Code: Provided further, That the sum herein appropriated 
52 

•HR 5325 EH

1 shall be reduced by the amount of revenues received dur2 ing fiscal year 2013 so as to result in a final fiscal year 

3 2013 appropriation estimated at not more than 

4 $1,102,000. 

5 NUCLEAR WASTE TECHNICAL REVIEW BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Nuclear Waste Tech8 nical Review Board, as authorized by Public Law 100– 

9 203, section 5051, $3,400,000, to be derived from the Nu10 clear Waste Fund established in section 302(c) of such 

11 Act (42 U.S.C. 10222(c)) and to remain available until 

12 expended. 

13 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

14 NATURAL GAS TRANSPORTATION PROJECTS

15 For necessary expenses for the Office of the Federal 

16 Coordinator for Alaska Natural Gas Transportation 

17 Projects pursuant to the Alaska Natural Gas Pipeline Act 

18 of 2004, $1,000,000: Provided, That any fees, charges, or 

19 commissions received pursuant to section 802 of Public 

20 Law 110–140 in fiscal year 2013 in excess of $2,000,000 

21 shall not be available for obligation until appropriated in 

22 a subsequent Act of Congress. 
53 

•HR 5325 EH

1 GENERAL PROVISIONS, INDEPENDENT 

2 AGENCIES 

3 SEC. 401. (a) None of the funds provided for ‘‘Nu4 clear Regulatory Commission—Salaries and Expenses’’ in 

5 this Act or prior Acts shall be available for obligation or 

6 expenditure through a reprogramming of funds that— 

7 (1) increases funds or personnel for any pro8 gram, project, or activity for which funds are denied 

9 or restricted by this Act; or 

10 (2) reduces funds that are directed to be used 

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

12 Act. 

13 (b) The Chairman of the Nuclear Regulatory Com14 mission may not terminate any program, project, or activ15 ity without the approval of a majority vote of the Commis16 sioners of the Nuclear Regulatory Commission approving 

17 such action. 

18 (c) The Nuclear Regulatory Commission may waive 

19 the restriction on reprogramming under subsection (a) on 

20 a case-by-case basis by certifying to the Committees on 

21 Appropriations of the House of Representatives and the 

22 Senate that such action is required to address national 

23 security or imminent risks to public safety. Each such 

24 waiver certification shall include a letter from the Chair25 man of the Commission that a majority of Commissioners 
54 

•HR 5325 EH

1 of the Nuclear Regulatory Commission have voted and ap2 proved the reprogramming waiver certification. 

3 SEC. 402. The Chairman of the Nuclear Regulatory 

4 Commission shall notify the Committees on Appropria5 tions of the House of Representatives and the Senate not 

6 later than 1 day after the Chairman begins performing 

7 functions under the authority of section 3 of Reorganiza8 tion Plan No. 1 of 1980, or after a member of the Com9 mission who was delegated emergency functions under 

10 subsection (b) of that section begins performing those 

11 functions. Such notification shall include an explanation 

12 of the circumstances warranting the exercise of such au13 thority. The Chairman shall report to the Committees, not 

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

15 by the Chairman, or a delegated member of the Commis16 sion, under such authority, until the authority is relin17 quished. The Chairman shall notify the Committees not 

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

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

20 of the Reorganization Plan No. 1 of 1980 to the Commit21 tees not later than 1 day after it was submitted to the 

22 Commission. 

23 TITLE V—GENERAL PROVISIONS 

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

25 may be used in any way, directly or indirectly, to influence 
55 

•HR 5325 EH

1 congressional action on any legislation or appropriation 

2 matters pending before Congress, other than to commu3 nicate to Members of Congress as described in 18 U.S.C. 

4 1913. 

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

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in this Act or any other appropriation Act. 

10 SEC. 503. None of the funds made available under 

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

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

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

14 Illegal Immigration Reform and Immigrant Responsibility 

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

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

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

18 of understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to any cor20 poration that was convicted (or had an officer or agent 

21 of such corporation acting on behalf of the corporation 

22 convicted) of a felony criminal violation under any Federal 

23 law within the preceding 24 months, where the awarding 

24 agency is aware of the conviction, unless the agency has 

25 considered suspension or debarment of the corporation, or 
56 

•HR 5325 EH

1 such officer or agent, and made a determination that this 

2 further action is not necessary to protect the interests of 

3 the Government. 

4 SEC. 505. None of the funds made available by this 

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

6 of understanding, or cooperative agreement with, make a 

7 grant to, or provide a loan or loan guarantee to, any cor8 poration that has any unpaid Federal tax liability that has 

9 been assessed, for which all judicial and administrative 

10 remedies have been exhausted or have lapsed, and that 

11 is not being paid in a timely manner pursuant to an agree12 ment with the authority responsible for collecting the tax 

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

14 tax liability, unless the agency has considered suspension 

15 or debarment of the corporation and made a determination 

16 that this further action is not necessary to protect the in17 terests of the Government. 

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

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

20 12898 of February 11, 1994 (‘‘Federal Actions to Address 

21 Environmental Justice in Minority Populations and Low22 Income Populations’’). 

23 SEC. 507. No funds made available by this Act may 

24 be used to pay for mitigation associated with the removal 
57 

•HR 5325 EH

1 of Federal Energy Regulatory Commission Project num2 ber 2342. 

3 SEC. 508. None of the funds made available in this 

4 Act may be used to conduct closure of adjudicatory func5 tions, technical review, or support activities associated 

6 with the Yucca Mountain geologic repository license appli7 cation, or for actions that irrevocably remove the possi8 bility that Yucca Mountain may be a repository option in 

9 the future. 

10 SPENDING REDUCTION ACCOUNT

11 SEC. 509. The amount by which the applicable alloca12 tion of new budget authority made by the Committee on 

13 Appropriations of the House of Representatives under sec14 tion 302(b) of the Congressional Budget Act of 1974 ex15 ceeds the amount of proposed new budget authority is $0 

16 (increased by $25,000,000). 

17 SEC. 510. None of the funds made available under 

18 this Act may be used to plan for the termination of peri19 odic nourishment for any water resource development 

20 project described in section 156 of the Water Resources 

21 Development Act of 1976 (Public Law 94–587), as 

22 amended by the Water Resources Development Act of 

23 1986 (Public Law 99–662). 
58 

•HR 5325 EH

1 SEC. 511. None of the funds made available by this 

2 Act may be used to implement section 10011(b) of Public 

3 Law 111–11. 

4 SEC. 512. None of the funds made available under 

5 this Act may be used to provide new loan guarantees or 

6 loan guarantee commitments under section 1705 of the 

7 Energy Policy Act of 2005 (42 U.S.C. 16515). 

8 SEC. 513. None of the funds made available by this 

9 Act for ‘‘Department of Energy; Energy Programs; 

10 Science’’ may be used in contravention of the Department 

11 of Energy Organization Act (42 U.S.C. 7101 et seq.). 

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

13 Act may be used by the Department of Energy to require 

14 grant recipients to replace any lighting that does not meet 

15 or exceed the energy efficiency standard set forth in sec16 tion 325 of the Energy Policy and Conservation Act (42 

17 U.S.C. 6295). 

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

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

20 the authorized uses of the Harbor Maintenance Trust 

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

22 Code of 1986 (26 U.S.C. 9505(c)). 

23 SEC. 516. None of the funds made available under 

24 this Act may be used to fund any portion of the Inter25 national program activities at the Office of Energy Effi-
59 

•HR 5325 EH

1 ciency and Renewable Energy of the Department of En2 ergy with the exception of the activities authorized in sec3 tion 917 of the Energy Independence and Security Act 

4 of 2007 (42 U.S.C. 17337). 

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

6 Act may be used— 

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

8 of title 10, Code of Federal Regulations; or 

9 (2) to implement or enforce the standards es10 tablished by the tables contained in section 

11 325(i)(1)(B) of the Energy Policy and Conservation 

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

13 BPAR incandescent reflector lamps, BR incandes14 cent reflector lamps, and ER incandescent reflector 

15 lamps. 

16 SEC. 518. None of the funds made available in this 

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

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

19 of the Water Resources Development Act of 2007. 

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

21 Act may be used by the Department of Energy or any 

22 other Federal agency to lease or purchase new light duty 

23 vehicles, for any executive fleet, or for an agency’s fleet 

24 inventory, except in accordance with Presidential Memo25 randum-Federal Fleet Performance, dated May 24, 2011. 
60 

•HR 5325 EH

1 SEC. 520. None of the funds made available by this 

2 Act for the Title 17 Innovative Technology Loan Guar3 antee Program may be used by the Department of Energy 

4 to issue or administer new loan guarantees for renewable 

5 energy systems, electric power transmission systems, or 

6 leading edge biofuel projects as defined by section 1705 

7 of the Energy Policy Act of 2005. 

8 SEC. 521. Of the funds appropriated in title I of this 

9 Act, not more than $50,000,000 may be used for the Mis10 souri River Recovery Program. 

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

12 Act may be used within the borders of the State of Lou13 isiana by the Mississippi Valley Division or the South14 western Division of the Army Corps of Engineers or any 

15 district of the Corps within such divisions to implement 

16 or enforce the mitigation methodology, referred to as the 

17 ‘‘Modified Charleston Method’’. 

18 SEC. 523. None of the funds made available under 

19 this Act may be used to carry out section 801 of Energy 

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

21 17281). 

22 SEC. 524. None of the funds made available under 

23 this Act for the Advanced Research Projects Agency—En24 ergy may be used for unallowable costs related to adver25 tising or promoting the sale of products or services in con-
61 

•HR 5325 EH

1 travention of the requirements of section 31.205–1, or for 

2 unallowable expenditures related to raising capital in con3 travention of the requirements of 31.205–27, of title 48 

4 of the Code of Federal Regulations. 

5 SEC. 525. None of the funds made available by this 

6 Act may be used to enforce part 429 or 430 of title 10, 

7 Code of Federal Regulations, with respect to showerheads 

8 (as that term is defined in section 430.2 of such title). 

9 SEC. 526. None of the funds made available by this 

10 Act may be used to finalize, implement, or enforce the pro11 posed rule entitled ‘‘Energy Conservation Program: En12 ergy Conservation Standards for Battery Chargers and 

13 External Power Supplies’’ (77 Fed. Reg. 18478 (March 

14 27, 2012)) with respect to product class 7 (as described 

15 in such proposed rule). 

16 SEC. 527. None of the funds made available by this 

17 Act may be used to enforce section 526 of the Energy 

18 Independence and Security Act of 2007 (Public Law 110– 

19 140; 42 U.S.C. 17142). 

20 SEC. 528. None of the funds made available under 

21 this Act may be used by the Department of Energy to 

22 fund the Wind Powering America Initiative. 

23 SEC. 529. None of the funds made available by this 

24 Act may be used by the Department of Energy to subordi25 nate any loan obligation to other financing in violation of 
62 

•HR 5325 EH

1 section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 

2 16512) or to subordinate any Guaranteed Obligation to 

3 any loan or other debt obligations in violation of section 

4 609.10 of title 10 of the Code of Federal Regulations. 

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

6 Act may be used to conduct a survey in which money is 

7 included or provided for the benefit of the responder. 

8 SEC. 531. None the funds made available by this Act 

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

10 authorized in section 108 of the Energy and Water Devel11 opment and Related Agencies Appropriations Act, 2009 

12 (division C of Public Law 111–8). 

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

15 2013’’. 

Passed the House of Representatives June 6, 2012. 

Attest: 

Clerk. 

112TH CONGRESS 

2D SESSION H. R. 5325 

AN ACT 

Making appropriations for energy and water develposes. ending September 30, 2013, and for other pur- opment and related agencies for the fiscal year