IB 

Union Calendar No. 362 

113TH CONGRESS 

2D SESSION H. R. 4923 

[Report No. 113–486] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2015, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2014 

Mr. SIMPSON, from the Committee on Appropriations, reported the following 

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

State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2015, and for other purposes. 


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

3 That the following sums are appropriated, out of any 

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

6 fiscal year ending September 30, 2015, and for other pur7 poses, namely: 

8 TITLE I—CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

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

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

17 INVESTIGATIONS

18 For expenses necessary where authorized by law for 

19 the collection and study of basic information pertaining 

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

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

23 and specifications of proposed river and harbor, flood and 

24 storm damage reduction, shore protection, and aquatic 

25 ecosystem restoration, projects and related efforts prior to 


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1 construction; for restudy of authorized projects; and for 

2 miscellaneous investigations, and, when authorized by law, 

3 surveys and detailed studies, and plans and specifications 

4 of projects prior to construction, $115,000,000, to remain 

5 available until expended. 

6 CONSTRUCTION

7 For expenses necessary for the construction of river 

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

10 projects authorized by law; for conducting detailed studies, 

11 and plans and specifications, of such projects (including 

12 those involving participation by States, local governments, 

13 or private groups) authorized or made eligible for selection 

14 by law (but such detailed studies, and plans and specifica15 tions, shall not constitute a commitment of the Govern16 ment to construction); $1,704,499,000, to remain avail17 able until expended; of which such sums as are necessary 

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

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

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

23 of construction, replacement, rehabilitation, and expansion 

24 of inland waterways projects shall be derived from the InVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 land Waterways Trust Fund, except as otherwise specifi2 cally provided for in law. 

3 MISSISSIPPI RIVER AND TRIBUTARIES

4 For expenses necessary for flood damage reduction 

5 projects and related efforts in the Mississippi River allu6 vial valley below Cape Girardeau, Missouri, as authorized 

7 by law, $260,000,000, to remain available until expended, 

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

9 share of eligible operation and maintenance costs for in10 land harbors shall be derived from the Harbor Mainte11 nance Trust Fund. 

12 OPERATION AND MAINTENANCE

13 For expenses necessary for the operation, mainte14 nance, and care of existing river and harbor, flood and 

15 storm damage reduction, aquatic ecosystem restoration, 

16 and related projects authorized by law; providing security 

17 for infrastructure owned or operated by the Corps, includ18 ing administrative buildings and laboratories; maintaining 

19 harbor channels provided by a State, municipality, or 

20 other public agency that serve essential navigation needs 

21 of general commerce, where authorized by law; surveying 

22 and charting northern and northwestern lakes and con23 necting waters; clearing and straightening channels; and 

24 removing obstructions to navigation, $2,905,000,000, to 

25 remain available until expended, of which such sums as 


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1 are necessary to cover the Federal share of eligible oper2 ation and maintenance costs for coastal harbors and chan3 nels, and for inland harbors shall be derived from the Har4 bor Maintenance Trust Fund; of which such sums as be5 come available from the special account for the Corps of 

6 Engineers established by the Land and Water Conserva7 tion Fund Act of 1965 shall be derived from that account 

8 for resource protection, research, interpretation, and 

9 maintenance activities related to resource protection in the 

10 areas at which outdoor recreation is available; and of 

11 which such sums as become available from fees collected 

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

13 to cover the cost of operation and maintenance of the 

14 dredged material disposal facilities for which such fees 

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

16 amount of funds provided for each of the programs, 

17 projects, or activities funded under this heading shall not 

18 be allocated to a field operating activity prior to the begin19 ning of the fourth quarter of the fiscal year and shall be 

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

21 emergency activities as the Chief of Engineers determines 

22 to be necessary and appropriate, and that the Chief of En23 gineers shall allocate during the fourth quarter any re24 maining funds which have not been used for emergency 


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1 activities proportionally in accordance with the amounts 

2 provided for the programs, projects, or activities. 

3 REGULATORY PROGRAM

4 For expenses necessary for administration of laws 

5 pertaining to regulation of navigable waters and wetlands, 

6 $200,000,000, to remain available until September 30, 

7 2016. 

8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

9 For expenses necessary to clean up contamination 

10 from sites in the United States resulting from work per11 formed as part of the Nation’s early atomic energy pro12 gram, $100,000,000, to remain available until expended. 

13 FLOOD CONTROL AND COASTAL EMERGENCIES

14 For expenses necessary to prepare for flood, hurri15 cane, and other natural disasters and support emergency 

16 operations, repairs, and other activities in response to 

17 such disasters as authorized by law, $28,000,000, to re18 main available until expended. 

19 EXPENSES

20 For expenses necessary for the supervision and gen21 eral administration of the civil works program in the head22 quarters of the Corps of Engineers and the offices of the 

23 Division Engineers; and for costs of management and op24 eration of the Humphreys Engineer Center Support Activ25 ity, the Institute for Water Resources, the United States 


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1 Army Engineer Research and Development Center, and 

2 the United States Army Corps of Engineers Finance Cen3 ter allocable to the civil works program, $178,000,000, to 

4 remain available until September 30, 2016, of which not 

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

6 representation purposes and only during the current fiscal 

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

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

9 works activities of the Office of the Chief of Engineers 

10 or the civil works executive direction and management ac11 tivities of the division offices: Provided further, That any 

12 Flood Control and Coastal Emergencies appropriation 

13 may be used to fund the supervision and general adminis14 tration of emergency operations, repairs, and other activi15 ties in response to any flood, hurricane, or other natural 

16 disaster. 

17 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

18 FOR CIVIL WORKS

19 For the Office of the Assistant Secretary of the Army 

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

21 $2,000,000, to remain available until September 30, 2016. 


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1 GENERAL PROVISIONS—CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 shall be available for obligation or expenditure through a 

6 reprogramming of funds that— 

7 (1) creates or initiates a new program, project, or ac8 tivity; 

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

10 (3) increases funds or personnel for any program, 

11 project, or activity for which funds are denied or restricted 

12 by this Act; 

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

14 a specific program, project, or activity by this Act; 

15 (5) increases funds for any program, project, or activ16 ity by more than $2,000,000 or 10 percent, whichever is 

17 less; or 

18 (6) reduces funds for any program, project, or activ19 ity by more than $2,000,000 or 10 percent, whichever is 

20 less. 

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

22 or activity authorized under section 205 of the Flood Con23 trol Act of 1948, section 14 of the Flood Control Act of 

24 1946, section 208 of the Flood Control Act of 1954, sec25 tion 107 of the River and Harbor Act of 1960, section 


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1 103 of the River and Harbor Act of 1962, section 111 

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

3 Water Resources Development Act of 1986, section 206 

4 of the Water Resources Development Act of 1996, or sec5 tion 204 of the Water Resources Development Act of 

6 1992. 

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

8 a quarterly basis to the Committees on Appropriations of 

9 the House of Representatives and the Senate detailing all 

10 the funds reprogrammed between programs, projects, ac11 tivities, or categories of funding. The first quarterly report 

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

13 of enactment of this Act. 

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

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

16 commits funds beyond the amounts appropriated for that 

17 program, project, or activity that remain unobligated, ex18 cept that such amounts may include any funds that have 

19 been made available through reprogramming pursuant to 

20 section 101. 

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

22 Acts, making funds available for Energy and Water Devel23 opment, shall be used to award any continuing contract 

24 that commits additional funding from the Inland Water25 ways Trust Fund unless or until such time that a longVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 term mechanism to enhance revenues in this Fund suffi2 cient to meet the cost-sharing authorized in the Water Re3 sources Development Act of 1986 (Public Law 99–662) 

4 is enacted. 

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

6 to the Fish and Wildlife Service, and the Fish and Wildlife 

7 Service may accept and expend, up to $4,700,000 of funds 

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

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

10 of Engineers projects. 

11 SEC. 105. None of the funds made available in this 

12 or any other Act making appropriations for Energy and 

13 Water Development for any fiscal year may be used by 

14 the Corps of Engineers to develop, adopt, implement, ad15 minister, or enforce any change to the regulations in effect 

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

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

18 purposes of the Federal Water Pollution Control Act (33 

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

20 SEC. 106. None of the funds made available in this 

21 or any other Act making appropriations for Energy and 

22 Water Development for any fiscal year may be used by 

23 the Corps of Engineers to develop, adopt, implement, ad24 minister, or enforce any change to the regulations and 

25 guidance in effect on October 1, 2012, pertaining to the 


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1 definition of waters under the jurisdiction of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1251 et seq.), in3 cluding the provisions of the rules dated November 13, 

4 1986, and August 25, 1993, relating to such jurisdiction, 

5 and the guidance documents dated January 15, 2003, and 

6 December 2, 2008, relating to such jurisdiction. 

7 SEC. 107. As of the date of enactment of this Act 

8 and each fiscal year thereafter, the Secretary of the Army 

9 shall not promulgate or enforce any regulation that pro10 hibits an individual from possessing a firearm, including 

11 an assembled or functional firearm, at a water resources 

12 development project covered under section 327.0 of title 

13 36, Code of Federal Regulations (as in effect on the date 

14 of enactment of this Act), if— 

15 (1) the individual is not otherwise prohibited by 

16 law from possessing the firearm; and 

17 (2) the possession of the firearm is in compli18 ance with the law of the State in which the water 

19 resources development project is located. 

20 TITLE II—DEPARTMENT OF THE INTERIOR 

21 CENTRAL UTAH PROJECT

22 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

23 For carrying out activities authorized by the Central 

24 Utah Project Completion Act, $9,874,000, to remain 

25 available until expended, of which $1,000,000 shall be deVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 posited into the Utah Reclamation Mitigation and Con2 servation Account for use by the Utah Reclamation Miti3 gation and Conservation Commission: Provided, That of 

4 the amount provided under this heading, $1,300,000 shall 

5 be available until September 30, 2016, for necessary ex6 penses incurred in carrying out related responsibilities of 

7 the Secretary of the Interior: Provided further, That for 

8 fiscal year 2015, of the amount made available to the 

9 Commission under this Act or any other Act, the Commis10 sion may use an amount not to exceed $1,500,000 for ad11 ministrative expenses. 

12 BUREAU OF RECLAMATION

13 The following appropriations shall be expended to 

14 execute authorized functions of the Bureau of Reclama15 tion: 

16 WATER AND RELATED RESOURCES

17 (INCLUDING TRANSFERS OF FUNDS)

18 For management, development, and restoration of 

19 water and related natural resources and for related activi20 ties, including the operation, maintenance, and rehabilita21 tion of reclamation and other facilities, participation in 

22 fulfilling related Federal responsibilities to Native Ameri23 cans, and related grants to, and cooperative and other 

24 agreements with, State and local governments, federally 

25 recognized Indian tribes, and others, $856,351,000, to reVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 main available until expended, of which $25,000 shall be 

2 available for transfer to the Upper Colorado River Basin 

3 Fund and $6,840,000 shall be available for transfer to the 

4 Lower Colorado River Basin Development Fund; of which 

5 such amounts as may be necessary may be advanced to 

6 the Colorado River Dam Fund: Provided, That such trans7 fers may be increased or decreased within the overall ap8 propriation under this heading: Provided further, That of 

9 the total appropriated, the amount for program activities 

10 that can be financed by the Reclamation Fund or the Bu11 reau of Reclamation special fee account established by 16 

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

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

14 395 are available until expended for the purposes for 

15 which the funds were contributed: Provided further, That 

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

17 to this account and are available until expended for the 

18 same purposes as the sums appropriated under this head19 ing: Provided further, That of the amounts provided here20 in, funds may be used for high-priority projects which 

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

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

23 CENTRAL VALLEY PROJECT RESTORATION FUND

24 For carrying out the programs, projects, plans, habi25 tat restoration, improvement, and acquisition provisions of 


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1 the Central Valley Project Improvement Act, $56,995,000, 

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

3 Central Valley Project Restoration Fund pursuant to sec4 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

5 102–575, to remain available until expended: Provided, 

6 That the Bureau of Reclamation is directed to assess and 

7 collect the full amount of the additional mitigation and 

8 restoration payments authorized by section 3407(d) of 

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

10 funds made available under this heading may be used for 

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

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

13 by a court adopted decree or order. 

14 CALIFORNIA BAY-DELTA RESTORATION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For carrying out activities authorized by the Water 

17 Supply, Reliability, and Environmental Improvement Act, 

18 consistent with plans to be approved by the Secretary of 

19 the Interior, $37,000,000, to remain available until ex20 pended, of which such amounts as may be necessary to 

21 carry out such activities may be transferred to appropriate 

22 accounts of other participating Federal agencies to carry 

23 out authorized purposes: Provided, That funds appro24 priated herein may be used for the Federal share of the 

25 costs of CALFED Program management: Provided furVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 ther, That CALFED implementation shall be carried out 

2 in a balanced manner with clear performance measures 

3 demonstrating concurrent progress in achieving the goals 

4 and objectives of the Program. 

5 POLICY AND ADMINISTRATION

6 For necessary expenses of policy, administration, and 

7 related functions in the Office of the Commissioner, the 

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

9 of Reclamation, to remain available until September 30, 

10 2016, $53,849,000, to be derived from the Reclamation 

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

12 377: Provided, That no part of any other appropriation 

13 in this Act shall be available for activities or functions 

14 budgeted as policy and administration expenses. 

15 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

16 (INCLUDING RESCISSION OF FUNDS)

17 Of the unobligated balances available under this 

18 heading, $500,000 is hereby permanently rescinded. 

19 ADMINISTRATIVE PROVISION

20 Appropriations for the Bureau of Reclamation shall 

21 be available for purchase of not to exceed five passenger 

22 motor vehicles, which are for replacement only. 


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1 GENERAL PROVISIONS—DEPARTMENT OF THE 

2 INTERIOR 

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

4 shall be available for obligation or expenditure through a 

5 reprogramming of funds that— 

6 (1) creates or initiates a new program, project, or ac7 tivity; 

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

9 (3) increases funds for any program, project, or activ10 ity for which funds have been denied or restricted by this 

11 Act; 

12 (4) restarts or resumes any program, project or activ13 ity for which funds are not provided in this Act, unless 

14 prior approval is received from the Committees on Appro15 priations of the House of Representatives and the Senate; 

16 (5) transfers funds in excess of the following limits: 

17 (A) 15 percent for any program, project or ac18 tivity for which $2,000,000 or more is available at 

19 the beginning of the fiscal year; or 

20 (B) $300,000 for any program, project or activ21 ity for which less than $2,000,000 is available at the 

22 beginning of the fiscal year; 

23 (6) transfers more than $500,000 from either the Fa24 cilities Operation, Maintenance, and Rehabilitation cat25 egory or the Resources Management and Development 


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1 category to any program, project, or activity in the other 

2 category; or 

3 (7) transfers, when necessary to discharge legal obli4 gations of the Bureau of Reclamation, more than 

5 $5,000,000 to provide adequate funds for settled con6 tractor claims, increased contractor earnings due to accel7 erated rates of operations, and real estate deficiency judg8 ments. 

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

10 of funds within the Facilities Operation, Maintenance, and 

11 Rehabilitation category. 

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

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

14 project, or activity. 

15 (d) The Bureau of Reclamation shall submit reports 

16 on a quarterly basis to the Committees on Appropriations 

17 of the House of Representatives and the Senate detailing 

18 all the funds reprogrammed between programs, projects, 

19 activities, or categories of funding. The first quarterly re20 port shall be submitted not later than 60 days after the 

21 date of enactment of this Act. 

22 SEC. 202. (a) None of the funds appropriated or oth23 erwise made available by this Act may be used to deter24 mine the final point of discharge for the interceptor drain 

25 for the San Luis Unit until development by the Secretary 


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

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the En4 vironmental Protection Agency, to minimize any detri5 mental effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup 

7 Program and the costs of the San Joaquin Valley Drain8 age Program shall be classified by the Secretary of the 

9 Interior as reimbursable or nonreimbursable and collected 

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

11 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter12 native Repayment Plan’’ described in the report entitled 

13 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro14 gram and San Joaquin Valley Drainage Program, Feb15 ruary 1995’’, prepared by the Department of the Interior, 

16 Bureau of Reclamation. Any future obligations of funds 

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

18 service or drainage studies for the San Luis Unit shall 

19 be fully reimbursable by San Luis Unit beneficiaries of 

20 such service or studies pursuant to Federal reclamation 

21 law. 


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1 TITLE III—DEPARTMENT OF ENERGY 

2 ENERGY PROGRAMS 

3 ENERGY EFFICIENCY AND RENEWABLE ENERGY

4 For Department of Energy expenses including the 

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

7 efficiency and renewable energy activities in carrying out 

8 the purposes of the Department of Energy Organization 

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

10 condemnation of any real property or any facility or for 

11 plant or facility acquisition, construction, or expansion, 

12 $1,789,000,000, to remain available until expended: Pro13 vided, That of such amount, $150,000,000 shall be avail14 able until September 30, 2016, for program direction. 

15 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

16 For Department of Energy expenses including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment, and other expenses necessary for elec19 tricity delivery and energy reliability activities in carrying 

20 out the purposes of the Department of Energy Organiza21 tion Act (42 U.S.C. 7101 et seq.), including the acquisi22 tion or condemnation of any real property or any facility 

23 or for plant or facility acquisition, construction, or expan24 sion, $160,000,000, to remain available until expended: 


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1 Provided, That of such amount, $27,500,000 shall be 

2 available until September 30, 2016, for program direction. 

3 NUCLEAR ENERGY

4 For Department of Energy expenses including the 

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

7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $899,000,000, to remain 

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

13 $73,000,000 shall be available until September 30, 2016, 

14 for program direction including official reception and rep15 resentation expenses not to exceed $10,000. 

16 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

17 For necessary expenses in carrying out fossil energy 

18 research and development activities, under the authority 

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

20 7101 et seq.), including the acquisition of interest, includ21 ing defeasible and equitable interests in any real property 

22 or any facility or for plant or facility acquisition or expan23 sion, and for conducting inquiries, technological investiga24 tions and research concerning the extraction, processing, 

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1 able social and environmental costs (30 U.S.C. 3, 1602, 

2 and 1603), $593,000,000, to remain available until ex3 pended: Provided, That of such amount, $120,000,000 

4 shall be available until September 30, 2016, for program 

5 direction. 

6 NAVAL PETROLEUM AND OIL SHALE RESERVES

7 For expenses necessary to carry out naval petroleum 

8 and oil shale reserve activities, $19,950,000, to remain 

9 available until expended: Provided, That, notwithstanding 

10 any other provision of law, unobligated funds remaining 

11 from prior years shall be available for all naval petroleum 

12 and oil shale reserve activities. 

13 ELK HILLS SCHOOL LANDS FUND

14 For necessary expenses in fulfilling the final payment 

15 under the Settlement Agreement entered into by the 

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

17 1996, as authorized by section 3415 of Public Law 104– 

18 106 (10 U.S.C. 7420 Note), $15,579,815, for payment to 

19 the State of California for the Teachers’ Retirement Fund 

20 of the State, of which $15,579,815 shall be derived from 

21 the Elk Hills School Lands Fund. 

22 STRATEGIC PETROLEUM RESERVE

23 For necessary expenses for Strategic Petroleum Re24 serve facility development and operations and program 

25 management activities pursuant to the Energy Policy and 


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1 Conservation Act (42 U.S.C. 6201 et seq.), $205,000,000, 

2 to remain available until expended. 

3 NORTHEAST HOME HEATING OIL RESERVE

4 (INCLUDING RESCISSION OF FUNDS)

5 For necessary expenses for Northeast Home Heating 

6 Oil Reserve storage, operation, and management activities 

7 pursuant to the Energy Policy and Conservation Act (42 

8 U.S.C. 6201 et seq.), $7,600,000, to remain available until 

9 expended: Provided, That of the unobligated balances from 

10 prior year appropriations available under this heading, 

11 $6,000,000 is hereby permanently rescinded: Provided fur12 ther, That no amounts may be rescinded from amounts 

13 that were designated by the Congress as an emergency re14 quirement pursuant to a concurrent resolution on the 

15 budget or the Balanced Budget and Emergency Deficit 

16 Control Act of 1985. 

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities 

19 of the Energy Information Administration, $120,000,000, 

20 to remain available until expended. 

21 NON-DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the 


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1 purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 

4 or facility acquisition, construction, or expansion, 

5 $241,174,000, to remain available until expended. 

6 URANIUM ENRICHMENT DECONTAMINATION AND

7 DECOMMISSIONING FUND

8 For necessary expenses in carrying out uranium en9 richment facility decontamination and decommissioning, 

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

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

12 the Energy Policy Act of 1992, $585,976,000, to be de13 rived from the Uranium Enrichment Decontamination and 

14 Decommissioning Fund, to remain available until ex15 pended. 

16 SCIENCE

17 For Department of Energy expenses including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for science 

20 activities in carrying out the purposes of the Department 

21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or facility or for plant or facility acquisition, construc24 tion, or expansion, and purchase of not more than 17 pas25 senger motor vehicles for replacement only, including two 


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1 buses, $5,071,000,000, to remain available until ex2 pended: Provided, That of such amount, $180,000,000 

3 shall be available until September 30, 2016, for program 

4 direction: Provided further, That no funding may be made 

5 available for U.S. cash contributions to the International 

6 Thermonuclear Experimental Reactor project until its 

7 governing Council implements the recommendations of the 

8 Third Biennial International Organization Management 

9 Assessment Report: Provided further, That the Secretary 

10 of Energy may waive this requirement upon submission 

11 to the Committees on Appropriations of the House of Rep12 resentatives and the Senate a determination that the 

13 Council is making satisfactory progress towards imple14 mentation of such recommendations. 

15 NUCLEAR WASTE DISPOSAL

16 For nuclear waste disposal activities to carry out the 

17 purposes of the Nuclear Waste Policy Act of 1982 (Public 

18 Law 97-425), including the acquisition of real property 

19 or facility construction or expansion, $150,000,000, to re20 main available until expended, and to be derived from the 

21 Nuclear Waste Fund. 

22 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

23 For necessary expenses in carrying out the activities 

24 authorized by section 5012 of the America COMPETES 

25 Act (42 U.S.C. 16538), $280,000,000, to remain available 


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1 until expended: Provided, That of such amount, 

2 $28,000,000 shall be available until September 30, 2016, 

3 for program direction. 

4 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

5 PROGRAM

6 Such sums as are derived from amounts received 

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

8 Policy Act of 2005 (42 U.S.C. 16512(b)) under this head9 ing in prior Acts, shall be collected in accordance with sec10 tion 502(7) of the Congressional Budget Act of 1974: Pro11 vided, That, for necessary administrative expenses to carry 

12 out this Loan Guarantee program, $42,000,000 is appro13 priated, to remain available until September 30, 2016: 

14 Provided further, That $25,000,000 of the fees collected 

15 pursuant to section 1702(h) of the Energy Policy Act of 

16 2005 shall be credited as offsetting collections to this ac17 count to cover administrative expenses and shall remain 

18 available until expended, so as to result in a final fiscal 

19 year 2015 appropriation from the general fund estimated 

20 at not more than $17,000,000: Provided further, That fees 

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

22 appropriated for administrative expenses shall not be 

23 available until appropriated: Provided further, That the 

24 Department of Energy shall not subordinate any loan obli25 gation to other financing in violation of section 1702 of 


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1 the Energy Policy Act of 2005 or subordinate any Guaran2 teed Obligation to any loan or other debt obligations in 

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

4 Regulations. 

5 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

6 LOAN PROGRAM

7 For administrative expenses in carrying out the Ad8 vanced Technology Vehicles Manufacturing Loan Pro9 gram, $4,000,000, to remain available until September 30, 

10 2016. 

11 CLEAN COAL TECHNOLOGY

12 (INCLUDING RESCISSION OF FUNDS)

13 Of the unobligated balances from prior year appro14 priations under this heading, $6,600,000 is hereby perma15 nently rescinded: Provided, That no amounts may be re16 scinded from amounts that were designated by the Con17 gress as an emergency requirement pursuant to a concur18 rent resolution on the budget or the Balanced Budget and 

19 Emergency Deficit Control Act of 1985, as amended. 

20 DEPARTMENTAL ADMINISTRATION

21 For salaries and expenses of the Department of En22 ergy necessary for departmental administration in car23 rying out the purposes of the Department of Energy Orga24 nization Act (42 U.S.C. 7101 et seq.), $255,171,000, to 

25 remain available until September 30, 2016, including the 


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1 hire of passenger motor vehicles and official reception and 

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

3 additional amounts as necessary to cover increases in the 

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

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

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

8 or greater amount: Provided further, That moneys received 

9 by the Department for miscellaneous revenues estimated 

10 to total $119,171,000 in fiscal year 2015 may be retained 

11 and used for operating expenses within this account, as 

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

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

16 result in a final fiscal year 2015 appropriation from the 

17 general fund estimated at not more than $136,000,000. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, $42,120,000, to remain available 

22 until September 30, 2016. 


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1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 For Department of Energy expenses, including the 

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

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 and the purchase of not to exceed 4 passenger vehicles, 

14 $8,204,209,000, to remain available until expended: Pro15 vided, That of such amount, $97,118,000 shall be avail16 able until September 30, 2016, for program direction. 

17 DEFENSE NUCLEAR NONPROLIFERATION

18 (INCLUDING RESCISSION OF FUNDS)

19 For Department of Energy expenses, including the 

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

22 defense nuclear nonproliferation activities, in carrying out 

23 the purposes of the Department of Energy Organization 

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

25 condemnation of any real property or any facility or for 


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1 plant or facility acquisition, construction, or expansion, 

2 $1,592,156,000, to remain available until expended: Pro3 vided, That funds provided by this Act for Project 99– 

4 D–143, Mixed Oxide Fuel Fabrication Facility, and by 

5 prior Acts that remain unobligated for such Project, may 

6 be made available only for construction and program sup7 port activities for such Project: Provided further, That of 

8 the unobligated balances from prior year appropriations 

9 available under this heading, $37,000,000 is hereby per10 manently rescinded: Provided further, That no amounts 

11 may be rescinded from amounts that were designated by 

12 the Congress as an emergency requirement pursuant to 

13 a concurrent resolution on the budget or the Balanced 

14 Budget and Emergency Deficit Control Act of 1985. 

15 NAVAL REACTORS

16 For Department of Energy expenses necessary for 

17 naval reactors activities to carry out the Department of 

18 Energy Organization Act (42 U.S.C. 7101 et seq.), includ19 ing the acquisition (by purchase, condemnation, construc20 tion, or otherwise) of real property, plant, and capital 

21 equipment, facilities, and facility expansion, 

22 $1,215,342,000, to remain available until expended: Pro23 vided, That of such amount, $41,500,000 shall be avail24 able until September 30, 2016, for program direction. 


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1 OFFICE OF THE ADMINISTRATOR

2 For necessary expenses of the Office of the Adminis3 trator in the National Nuclear Security Administration, 

4 $386,863,000, to remain available until September 30, 

5 2016, including official reception and representation ex6 penses not to exceed $12,000. 

7 ENVIRONMENTAL AND OTHER DEFENSE 

8 ACTIVITIES 

9 DEFENSE ENVIRONMENTAL CLEANUP

10 For Department of Energy expenses, including the 

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

13 energy defense environmental cleanup activities in car14 rying out the purposes of the Department of Energy Orga15 nization Act (42 U.S.C. 7101 et seq.), including the acqui16 sition or condemnation of any real property or any facility 

17 or for plant or facility acquisition, construction, or expan18 sion, and the purchase of not to exceed one sport utility 

19 vehicle, one heavy duty truck, two ambulances, and one 

20 ladder fire truck for replacement only, $4,801,280,000, to 

21 remain available until expended: Provided, That of such 

22 amount, $280,784,000 shall be available until September 

23 30, 2016, for program direction. 


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1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the 

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

5 energy defense, other defense activities, and classified ac6 tivities, 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 any facility or for plant or facility acquisition, con10 struction, or expansion, $754,000,000, to remain available 

11 until expended: Provided, That of such amount, 

12 $249,378,000 shall be available until September 30, 2016, 

13 for program direction. 

14 POWER MARKETING ADMINISTRATIONS 

15 BONNEVILLE POWER ADMINISTRATION FUND

16 Expenditures from the Bonneville Power Administra17 tion Fund, established pursuant to Public Law 93–454, 

18 are approved for the Black Canyon Trout Hatchery and, 

19 in addition, for official reception and representation ex20 penses in an amount not to exceed $5,000: Provided, That 

21 during fiscal year 2015, no new direct loan obligations 

22 may be made. 


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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, including transmission wheeling and 

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

9 representation expenses in an amount not to exceed 

10 $1,500, $7,220,000, to remain available until expended: 

11 Provided, That notwithstanding 31 U.S.C. 3302 and sec12 tion 5 of the Flood Control Act of 1944, up to $7,220,000 

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 2015 appropriation estimated at not more than 

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

23 3302, up to $73,579,000 collected by the Southeastern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 


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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, $46,240,000, 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 $34,840,000 collected 

22 by the Southwestern Power Administration from the sale 

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

25 available until expended, for the sole purpose of funding 


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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 2015 appropriation estimated at not more than 

6 $11,400,000: Provided further, That, notwithstanding 31 

7 U.S.C. 3302, up to $53,000,000 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, $304,402,000, 


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1 to remain available until expended, of which $296,321,000 

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 $211,030,000 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 2015 appropriation esti16 mated at not more than $93,372,000, of which 

17 $85,291,000 is derived from the Reclamation Fund: Pro18 vided further, That, notwithstanding 31 U.S.C. 3302, up 

19 to $260,510,000 collected by the Western Area Power Ad20 ministration pursuant to the Flood Control Act of 1944 

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

23 this account as offsetting collections, to remain available 

24 until expended for the sole purpose of making purchase 

25 power and wheeling expenditures: Provided further, That, 


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1 for purposes of this appropriation, annual expenses means 

2 expenditures that are generally recovered in the same year 

3 that they are incurred (excluding purchase power and 

4 wheeling expenses). 

5 FALCON AND AMISTAD OPERATING AND MAINTENANCE

6 FUND

7 For operation, maintenance, and emergency costs for 

8 the hydroelectric facilities at the Falcon and Amistad 

9 Dams, $4,727,000, to remain available until expended, 

10 and to be derived from the Falcon and Amistad Operating 

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

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

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

15 $4,499,000 collected by the Western Area Power Adminis16 tration from the sale of power and related services from 

17 the Falcon and Amistad Dams shall be credited to this 

18 account as discretionary offsetting collections, to remain 

19 available until expended for the sole purpose of funding 

20 the annual expenses of the hydroelectric facilities of these 

21 Dams and associated Western Area Power Administration 

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

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

25 fiscal year 2015 appropriation estimated at not more than 


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1 $228,000: Provided further, That for purposes of this ap2 propriation, annual expenses means expenditures that are 

3 generally recovered in the same year that they are in4 curred: Provided further, That for fiscal year 2015, the 

5 Administrator of the Western Area Power Administration 

6 may accept up to $802,000 in funds contributed by United 

7 States power customers of the Falcon and Amistad Dams 

8 for deposit into the Falcon and Amistad Operating and 

9 Maintenance Fund, and such funds shall be available for 

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

11 sums had been specifically appropriated for such purpose: 

12 Provided further, That any such funds shall be available 

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

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

20 and the power customers. 

21 FEDERAL ENERGY REGULATORY COMMISSION

22 SALARIES AND EXPENSES

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


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

2 the hire of passenger motor vehicles, and official reception 

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

4 $304,389,000, to remain available until expended: Pro5 vided, That of the amount appropriated herein, not more 

6 than $5,400,000 may be made available for salaries, trav7 el, and other support costs for the offices of the Commis8 sioners: Provided further, That notwithstanding any other 

9 provision of law, not to exceed $304,389,000 of revenues 

10 from fees and annual charges, and other services and col11 lections in fiscal year 2015 shall be retained and used for 

12 necessary expenses in this account, and shall remain avail13 able until expended: Provided further, That the sum herein 

14 appropriated from the general fund shall be reduced as 

15 revenues are received during fiscal year 2015 so as to re16 sult in a final fiscal year 2015 appropriation from the gen17 eral fund estimated at not more than $0. 

18 GENERAL PROVISIONS—DEPARTMENT OF 

19 ENERGY 

20 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

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

22 made available by this title for the Department of Energy 

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

24 or activity or to prepare or initiate Requests For Proposals 

25 or similar arrangements (including Requests for 


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1 Quotations, Requests for Information, and Funding Op2 portunity Announcements) for a program, project, or ac3 tivity if the program, project, or activity has not been 

4 funded by Congress. 

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

6 Committees on Appropriations of the House of Represent7 atives and the Senate at least 3 full business days in ad8 vance, none of the funds made available in this title may 

9 be used to— 

10 (A) make a grant allocation or discretionary 

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

12 (B) make a discretionary contract award or 

13 Other Transaction Agreement totaling $1,000,000 

14 or more, including a contract covered by the Federal 

15 Acquisition Regulation; 

16 (C) issue a letter of intent to make an alloca17 tion, award, or Agreement in excess of the limits in 

18 subparagraph (A) or (B); or 

19 (D) announce publicly the intention to make an 

20 allocation, award, or Agreement in excess of the lim21 its in subparagraph (A) or (B). 

22 (2) The Secretary of Energy shall submit to the Com23 mittees on Appropriations of the House of Representatives 

24 and the Senate within 15 days of the conclusion of each 

25 quarter a report detailing each grant allocation or discreVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 tionary grant award totaling less than $1,000,000 pro2 vided during the previous quarter. 

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

4 the report required by paragraph (2) shall include the re5 cipient of the award, the amount of the award, the fiscal 

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

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

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

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

10 made. 

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

12 to any program, project, or activity that uses budget au13 thority made available in this title under the heading ‘‘De14 partment of Energy—Energy Programs’’, enter into a 

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

16 a multiyear cooperative agreement unless— 

17 (1) the contract, grant, or cooperative agree18 ment is funded for the full period of performance as 

19 anticipated at the time of award; or 

20 (2) the contract, grant, or cooperative agree21 ment includes a clause conditioning the Federal Gov22 ernment’s obligation on the availability of future 

23 year budget authority and the Secretary notifies the 

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1 resentatives and the Senate at least 3 days in ad2 vance. 

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

4 the amounts made available by this title shall be expended 

5 as authorized by law for the programs, projects, and ac6 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

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

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

9 on Appropriations accompanying this Act. 

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

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

12 the Department shall notify the Committees on Appropria13 tions of the House of Representatives and the Senate at 

14 least 30 days prior to the use of any proposed reprogram15 ming which would cause any program, project, or activity 

16 funding level to increase or decrease by more than 

17 $5,000,000 or 10 percent, whichever is less, during the 

18 time period covered by this Act. 

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

20 available for obligation or expenditure through a re21 programming of funds that— 

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

23 project, or activity; 


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1 (2) increases funds or personnel for any pro2 gram, project, or activity for which funds are denied 

3 or restricted by this Act; or 

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

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

6 Act. 

7 (g)(1) The Secretary of Energy may waive any re8 quirement or restriction in this section that applies to the 

9 use of funds made available for the Department of Energy 

10 if compliance with such requirement or restriction would 

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

12 welfare, or national security. 

13 (2) The Secretary of Energy shall notify the Commit14 tees on Appropriations of the House of Representatives 

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

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

17 of the activity to which a requirement or restriction would 

18 otherwise have applied. Such notice shall include an expla19 nation of the substantial risk under paragraph (1) that 

20 permitted such waiver. 

21 SEC. 302. The unexpended balances of prior appro22 priations provided for activities in this Act may be avail23 able to the same appropriation accounts for such activities 

24 established pursuant to this title. Available balances may 

25 be merged with funds in the applicable established acVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 counts and thereafter may be accounted for as one fund 

2 for the same time period as originally enacted. 

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

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

5 Act, for intelligence activities are deemed to be specifically 

6 authorized by the Congress for purposes of section 504 

7 of the National Security Act of 1947 (50 U.S.C. 414) dur8 ing fiscal year 2015 until the enactment of the Intelligence 

9 Authorization Act for fiscal year 2015. 

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

11 title shall be used for the construction of facilities classi12 fied as high-hazard nuclear facilities under 10 CFR Part 

13 830 unless independent oversight is conducted by the Of14 fice of Independent Enterprise Assessments to ensure the 

15 project is in compliance with nuclear safety requirements. 

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

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

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

19 any successive departmental guidance, for construction 

20 projects where the total project cost exceeds 

21 $100,000,000, until a separate independent cost estimate 

22 has been developed for the project for that critical deci23 sion. 

24 SEC. 306. (a) Any determination (including a deter25 mination made prior to the date of enactment of this Act) 


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

2 USEC Privatization Act (42 U.S.C. 2297h–10(d)(2)(B)), 

3 as amended, shall be valid for not more than 2 calendar 

4 years subsequent to such determination. 

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

6 uranium in any form the Secretary of Energy shall notify 

7 the Committees on Appropriations of the House of Rep8 resentatives and the Senate of— 

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

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

11 fair market value of the uranium on the expected 

12 date of the provision of the uranium; 

13 (3) the expected date of the provision of the 

14 uranium; 

15 (4) the recipient of the uranium; and 

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

17 exchange for the uranium, including any adjust18 ments to the gross fair market value of the uranium. 

19 (c) If on the expected date of provision, the estimated 

20 gross fair market value of the uranium hexafluoride 

21 (UF6), comprising of uranium and conversion, is more 

22 than 10 percent lower than the gross fair market value 

23 on the date the most recent determination was signed by 

24 the Secretary, the Secretary shall issue a new determina25 tion pursuant to section 3112(d)(2)(B) of the USEC PriVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 vatization Act (42 U.S.C. 2297h–10(d)(2)(B)) before the 

2 provision can be processed. 

3 SEC. 307. Notwithstanding section 301(c) of this Act, 

4 none of the funds made available under the heading ‘‘De5 partment of Energy—Energy Programs—Science’’ may 

6 be used for a multiyear contract, grant, cooperative agree7 ment, or Other Transaction Agreement of $1,000,000 or 

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

9 Other Transaction Agreement is funded for the full period 

10 of performance as anticipated at the time of award. 

11 SEC. 308. In fiscal year 2015 and subsequent fiscal 

12 years, the Secretary of Energy shall submit to the congres13 sional defense committees (as defined in U.S.C. 

14 101(a)(16)) a report, on each major warhead refurbish15 ment program that reaches the Phase 6.3 milestone, that 

16 provides an analysis of alternatives. Such report shall in17 clude— 

18 (1) a full description of alternatives considered 

19 prior to the award of Phase 6.3; 

20 (2) a comparison of the costs and benefits of 

21 each of those alternatives, to include an analysis of 

22 trade-offs among cost, schedule, and performance 

23 objectives against each alternative considered; 

24 (3) identification of the cost and risk of critical 

25 technology elements associated with each alternative, 


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1 including technology maturity, integration risk, man2 ufacturing feasibility, and demonstration needs; 

3 (4) identification of the cost and risk of addi4 tional capital asset and infrastructure capabilities 

5 required to support production and certification of 

6 each alternative; 

7 (5) a comparative analysis of the risks, costs, 

8 and scheduling needs for any military requirement 

9 intended to enhance warhead safety, security, or 

10 maintainability, including any requirement to con11 solidate and/or integrate warhead systems or mods 

12 as compared to at least one other feasible refurbish13 ment alternative the Nuclear Weapons Council con14 siders appropriate; and 

15 (6) a life-cycle cost estimate for the alternative 

16 selected that details the overall cost, scope, and 

17 schedule planning assumptions. 

18 SEC. 309. (a) Unobligated balances available from 

19 prior year appropriations are hereby permanently re20 scinded from the following accounts of the Department of 

21 Energy in the specified amounts: 

22 (1) ‘‘Energy Programs—Energy Efficiency and Re23 newable Energy’’, $18,111,000. 

24 (2) ‘‘Energy Programs—Electricity Delivery and En25 ergy Reliability’’, $4,809,000. 


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1 (3) ‘‘Energy Programs—Nuclear Energy’’, 

2 $1,046,000. 

3 (4) ‘‘Energy Programs—Fossil Energy Research and 

4 Development’’, $8,243,000. 

5 (5) ‘‘Energy Programs—Science’’, $5,257,000. 

6 (6) ‘‘Energy Programs—Advanced Research Projects 

7 Agency—Energy’’, $619,000. 

8 (7) ‘‘Power Marketing Administrations—Construc9 tion, Rehabilitation, Operation and Maintenance, Western 

10 Area Power Administration’’, $1,720,000. 

11 (b) No amounts may be rescinded by this section 

12 from amounts that were designated by the Congress as 

13 an emergency requirement pursuant to a concurrent reso14 lution on the budget or the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 

16 SEC. 310. From funds made available by this Act for 

17 pension plan payments in excess of legal requirements, up 

18 to $90,000,000 under ‘‘Weapons Activities’’ and up to 

19 $30,000,000 under ‘‘Defense Nuclear Nonproliferation’’ 

20 may be transferred to ‘‘Defense Environmental Cleanup’’ 

21 to support decontamination and other requirements at the 

22 Waste Isolation Pilot Plant. 

23 SEC. 311. (a) None of the funds made available in 

24 this or any prior Act under the heading ‘‘Defense Nuclear 


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1 Nonproliferation’’ may be made available for contracts 

2 with, or Federal assistance to, the Russian Federation. 

3 (b) The Secretary of Energy may waive the prohibi4 tion in subsection (a) if the Secretary determines that 

5 such activity is in the national security interests of the 

6 United States. This waiver authority may not be dele7 gated. 

8 (c) A waiver under subsection (b) shall not be effec9 tive until 30 days after the date on which the Secretary 

10 submits to the Committees on Appropriations of the 

11 House of Representatives and the Senate, in classified 

12 form if necessary, a report on the justification for the 

13 waiver. 

14 SEC. 312. All balances under ‘‘United States Enrich15 ment Corporation Fund’’ are hereby permanently re16 scinded. No amounts may be rescinded from amounts that 

17 were designated by the Congress as an emergency require18 ment pursuant to a concurrent resolution on the budget 

19 or the Balanced Budget and Emergency Deficit Control 

20 Act of 1985. 

21 SEC. 313. (a) None of the funds made available by 

22 this or any other Act making appropriations for Energy 

23 and Water Development for any fiscal year or funds avail24 able in the SPR Petroleum Account in this and subsequent 

25 fiscal years may be used to carry out a test drawdown 


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1 and sale or exchange of petroleum products from the Stra2 tegic Petroleum Reserve as authorized by section 161(g) 

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

4 6241(g)) unless the Secretary of Energy submits to the 

5 Committees on Appropriations of the House of Represent6 atives and the Senate not less than 30 full calendar days 

7 in advance of such test— 

8 (1) notification of intent to conduct a test; 

9 (2) an explanation of why such a test is necessary 

10 or what is expected to be learned; 

11 (3) the amount of crude oil or refined petroleum 

12 product to be offered for sale or exchange; 

13 (4) an estimate of revenues expected from such test; 

14 and 

15 (5) a plan for refilling the Reserve, including whether 

16 the acquisition will be of the same or of a different petro17 leum product. 

18 (b) None of the funds made available by this or any 

19 prior Act or funds available in the SPR Petroleum Ac20 count may be used to acquire any petroleum product other 

21 than crude oil. 

22 SEC. 314. Of the funds authorized by the Secretary 

23 of Energy for laboratory directed research and develop24 ment, no individual program, project, or activity funded 

25 by this or any subsequent Energy and Water Development 


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1 appropriations Act for any fiscal year may be charged 

2 more than the statutory maximum authorized for such ac3 tivities. 

4 SEC. 315. None of the funds made available by this 

5 Act may be used by the Department of Energy to finalize, 

6 implement, or enforce the proposed rule entitled ‘‘Stand7 ards Ceiling Fans and Ceiling Fan Light Kits’’ and identi8 fied by regulation identification number 1904–AC87. 

9 TITLE IV—INDEPENDENT AGENCIES 

10 APPALACHIAN REGIONAL COMMISSION

11 For expenses necessary to carry out the programs au12 thorized by the Appalachian Regional Development Act of 

13 1965, notwithstanding 40 U.S.C. 14704, and for nec14 essary expenses for the Federal Co-Chairman and the Al15 ternate on the Appalachian Regional Commission, for pay16 ment of the Federal share of the administrative expenses 

17 of the Commission, including services as authorized by 5 

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

19 $80,317,000, to remain available until expended. 

20 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses of the Defense Nuclear Fa23 cilities Safety Board in carrying out activities authorized 

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


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1 Law 100–456, section 1441, $29,150,000, to remain 

2 available until September 30, 2016. 

3 DELTA REGIONAL AUTHORITY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Delta Regional Author6 ity and to carry out its activities, as authorized by the 

7 Delta Regional Authority Act of 2000, notwithstanding 

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

9 Act, $12,000,000, to remain available until expended. 

10 DENALI COMMISSION

11 For expenses of the Denali Commission including the 

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

14 $10,000,000, to remain available until expended, notwith15 standing the limitations contained in section 306(g) of the 

16 Denali Commission Act of 1998: Provided, That funds 

17 shall be available for construction projects in an amount 

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

19 communities, as defined by section 307 of the Denali Com20 mission Act of 1998 (division C, title III, Public Law 105– 

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

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

23 amount not to exceed 50 percent for non-distressed com24 munities. 


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1 NORTHERN BORDER REGIONAL COMMISSION

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

4 subtitle V of title 40, United States Code, $3,000,000, to 

5 remain available until expended: Provided, That such 

6 amounts shall be available for administrative expenses, 

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

8 States Code. 

9 SOUTHEAST CRESCENT REGIONAL COMMISSION

10 For necessary expenses of the Southeast Crescent Re11 gional Commission in carrying out activities authorized by 

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

13 remain available until expended. 

14 NUCLEAR REGULATORY COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Commission in car17 rying out the purposes of the Energy Reorganization Act 

18 of 1974 and the Atomic Energy Act of 1954, including 

19 official representation expenses not to exceed $25,000, 

20 $1,052,433,000, to remain available until expended, of 

21 which $55,000,000 shall be derived from the Nuclear 

22 Waste Fund: Provided, That of the amount appropriated 

23 herein, not more than $9,500,000 may be made available 

24 for salaries, travel, and other support costs for the Office 

25 of the Commission, to remain available until September 


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1 30, 2016, of which, notwithstanding section 201(a)(2)(c) 

2 of the Energy Reorganization Act of 1974 (42 U.S.C. 

3 5841(a)(2)(c)), the use and expenditure shall only be ap4 proved by a majority vote of the Commission: Provided 

5 further, That revenues from licensing fees, inspection serv6 ices, and other services and collections estimated at 

7 $880,155,000 in fiscal year 2015 shall be retained and 

8 used for necessary salaries and expenses in this account, 

9 notwithstanding 31 U.S.C. 3302, and shall remain avail10 able until expended: Provided further, That the sum herein 

11 appropriated shall be reduced by the amount of revenues 

12 received during fiscal year 2015 so as to result in a final 

13 fiscal year 2015 appropriation estimated at not more than 

14 $172,278,000: Provided further, That of the amounts ap15 propriated under this heading, $10,000,000 shall be for 

16 university research and development in areas relevant to 

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

18 shall be for a Nuclear Science and Engineering Grant Pro19 gram that will support multiyear projects that do not align 

20 with programmatic missions but are critical to maintain21 ing the discipline of nuclear science and engineering. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

25 General Act of 1978, $12,071,000, to remain available 


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1 until September 30, 2016: Provided, That revenues from 

2 licensing fees, inspection services, and other services and 

3 collections estimated at $10,099,000 in fiscal year 2015 

4 shall be retained and be available until September 30, 

5 2016, for necessary salaries and expenses in this account, 

6 notwithstanding section 3302 of title 31, United States 

7 Code: Provided further, That the sum herein appropriated 

8 shall be reduced by the amount of revenues received dur9 ing fiscal year 2015 so as to result in a final fiscal year 

10 2015 appropriation estimated at not more than 

11 $1,972,000: Provided further, That, of the amounts appro12 priated under this heading, $850,000 shall be for Inspec13 tor General services for the Defense Nuclear Facilities 

14 Safety Board, which shall not be available from fee reve15 nues. 

16 NUCLEAR WASTE TECHNICAL REVIEW BOARD

17 SALARIES AND EXPENSES

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

20 203, section 5051, $3,400,000, to be derived from the Nu21 clear Waste Fund, to remain available until September 30, 

22 2016. 


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1 GENERAL PROVISIONS—INDEPENDENT 

2 AGENCIES 

3 SEC. 401. The Chairman of the Nuclear Regulatory 

4 Commission shall notify the other members of the Com5 mission, the Committees on Appropriations of the House 

6 of Representatives and the Senate, the Committee on En7 ergy and Commerce of the House of Representatives, and 

8 the Committee on Environment and Public Works of the 

9 Senate, not later than 1 day after the Chairman begins 

10 performing functions under the authority of section 3 of 

11 Reorganization Plan No. 1 of 1980, or after a member 

12 of the Commission who is delegated emergency functions 

13 under subsection (b) of that section begins performing 

14 those functions. Such notification shall include an expla15 nation of the circumstances warranting the exercise of 

16 such authority. The Chairman shall report to the Commit17 tees, not less frequently than once each week, on the ac18 tions taken by the Chairman, or a delegated member of 

19 the Commission, under such authority, until the authority 

20 is relinquished. The Chairman shall notify the Committees 

21 not later than 1 day after such authority is relinquished. 

22 The Chairman shall submit the report required by section 

23 3(d) of the Reorganization Plan No. 1 of 1980 to the 

24 Committees not later than 1 day after it was submitted 


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1 to the Commission. This section shall be in effect in fiscal 

2 year 2015 and each subsequent fiscal year. 

3 SEC. 402. The Nuclear Regulatory Commission shall 

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

5 its Internal Commission Procedures when responding to 

6 Congressional requests for information until those Proce7 dures are changed or waived by a majority of the Commis8 sion, in accordance with Commission practice. 

9 TITLE V—GENERAL PROVISIONS 

10 (INCLUDING TRANSFERS OF FUNDS)

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

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

13 congressional action on any legislation or appropriation 

14 matters pending before Congress, other than to commu15 nicate to Members of Congress as described in 18 U.S.C. 

16 1913. 

17 SEC. 502. None of the funds made available by this 

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

19 of understanding, or cooperative agreement with, make a 

20 grant to, or provide a loan or loan guarantee to any cor21 poration that was convicted of a felony criminal violation 

22 under any Federal law within the preceding 24 months, 

23 where the awarding agency is aware of the conviction, un24 less the agency has considered suspension or debarment 

25 of the corporation and has made a determination that this 


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1 further action is not necessary to protect the interests of 

2 the Government. 

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

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

5 of understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that has any unpaid Federal tax liability that has 

8 been assessed, for which all judicial and administrative 

9 remedies have been exhausted or have lapsed, and that 

10 is not being paid in a timely manner pursuant to an agree11 ment with the authority responsible for collecting the tax 

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

13 tax liability, unless the agency has considered suspension 

14 or debarment of the corporation and has made a deter15 mination that this further action is not necessary to pro16 tect the interests of the Government. 

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

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

19 agency, or instrumentality of the United States Govern20 ment, except pursuant to a transfer made by or transfer 

21 authority provided in this Act or any other appropriations 

22 Act for any fiscal year, transfer authority referenced in 

23 the report of the Committee on Appropriations accom24 panying this Act, or any authority whereby a department, 

25 agency, or instrumentality of the United States GovernVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 ment may provide goods or services to another depart2 ment, agency, or instrumentality. 

3 (b) None of the funds made available for any depart4 ment, agency, or instrumentality of the United States 

5 Government may be transferred to accounts funded in title 

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

7 transfer authority provided in this Act or any other appro8 priations Act for any fiscal year, transfer authority ref9 erenced in the report of the Committee on Appropriations 

10 accompanying this Act, or any authority whereby a de11 partment, agency, or instrumentality of the United States 

12 Government may provide goods or services to another de13 partment, agency, or instrumentality. 

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

15 funded in this Act utilizing any transfer authority shall 

16 submit to the Committees on Appropriations of the House 

17 of Representatives and the Senate a semiannual report de18 tailing the transfer authorities, except for any authority 

19 whereby a department, agency, or instrumentality of the 

20 United States Government may provide goods or services 

21 to another department, agency, or instrumentality, used 

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

23 report shall include the amounts transferred and the pur24 poses for which they were transferred, and shall not reVerDate Mar 15 2010 20:59 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RH H4923

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1 place or modify existing notification requirements for each 

2 authority. 

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

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

5 12898 of February 11, 1994 (‘‘Federal Actions to Address 

6 Environmental Justice in Minority Populations and Low7 Income Populations’’). 

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

9 Act may be used to conduct closure of adjudicatory func10 tions, technical review, or support activities associated 

11 with the Yucca Mountain geologic repository license appli12 cation, or for actions that irrevocably remove the possi13 bility that Yucca Mountain may be a repository option in 

14 the future. 

15 SPENDING REDUCTION ACCOUNT

16 SEC. 507. The amount by which the applicable alloca17 tion of new budget authority made by the Committee on 

18 Appropriations of the House of Representatives under sec19 tion 302(b) of the Congressional Budget Act of 1974 ex20 ceeds the amount of proposed new budget authority is $0. 

21 This Act may be cited as the ‘‘Energy and Water De22 velopment and Related Agencies Appropriations Act, 

23 2015’’. 


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Union Calendar No. 362 

113TH CONGRESS 

2D SESSION H. R. 4923 

[Report No. 113–486] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2015, and for other pur- opment and related agencies for the fiscal year 

JUNE 20, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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