IB 

Union Calendar No. 68 

112TH CONGRESS 

1ST SESSION H. R. 2354 

[Report No. 112–118] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2011 

Mr. FRELINGHUYSEN, 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, 2012, 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, 2012, 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 rivers 

15 and harbors, flood and storm damage reduction, shore 

16 protection, aquatic ecosystem restoration, and related ef17 forts. 

18 INVESTIGATIONS

19 For expenses necessary when authorized by law for 

20 the collection and study of basic information pertaining 

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

22 shore protection, aquatic ecosystem restoration, and re23 lated needs; for surveys and detailed studies and plans and 

24 specifications of proposed river and harbor, flood and 

25 storm damage reduction, shore protection, and aquatic 


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1 ecosystem restoration projects and related efforts prior to 

2 construction; for restudy of authorized projects; and for 

3 miscellaneous investigations and, when authorized by law, 

4 surveys and detailed studies and plans and specifications 

5 of projects prior to construction, $104,000,000, to remain 

6 available until expended: Provided, That except as pro7 vided in section 101, the amounts made available under 

8 this paragraph shall be expended as authorized by law for 

9 the programs, projects and activities specified in the text 

10 and table under this heading in the report of the Com11 mittee on Appropriations of the House of Representatives 

12 to accompany this Act. 

13 CONSTRUCTION

14 (INCLUDING RESCISSION OF FUNDS)

15 For expenses necessary for the construction of river 

16 and harbor, flood and storm damage reduction, shore pro17 tection, aquatic ecosystem restoration, and related 

18 projects authorized by law; for conducting detailed studies 

19 and plans and specifications of such projects (including 

20 those involving participation by States, local governments, 

21 or private groups) authorized or made eligible for selection 

22 by law (but such detailed studies and plans and specifica23 tions shall not constitute a commitment of the Govern24 ment to construction), $1,615,941,000, to remain avail25 able until expended; of which such sums as are necessary 


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1 to cover the Federal share of construction costs for facili2 ties under the Dredged Material Disposal Facilities pro3 gram shall be derived from the Harbor Maintenance Trust 

4 Fund as authorized by the Water Resources Development 

5 Act of 1996 (Public Law 104–303); and of which such 

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

7 construction, replacement, rehabilitation, and expansion of 

8 inland waterways projects (including only Olmsted Lock 

9 and Dam, Ohio River, Illinois and Kentucky; Emsworth 

10 Locks and Dam, Ohio River, Pennsylvania; Lock and 

11 Dams 2, 3, and 4, Monongahela River, Pennsylvania; and 

12 Lock and Dam 27, Mississippi River, Illinois) shall be de13 rived from the Inland Waterways Trust Fund: Provided, 

14 That of the unobligated balances from prior year appro15 priations available under this heading, $50,000,000 is re16 scinded: Provided further, That no amounts may be re17 scinded from amounts that were designated by the Con18 gress as an emergency requirement pursuant to the Con19 current Resolution on the Budget or the Balanced Budget 

20 and Emergency Deficit Control Act of 1985, as amended: 

21 Provided further, That except as provided in section 101, 

22 the amounts made available under this paragraph shall be 

23 expended as authorized by law for the programs, projects, 

24 and activities specified in the text and table under this 


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1 heading in the report of the Committee on Appropriations 

2 of the House of Representatives to accompany this Act. 

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, $210,000,000, 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: Provided, That except as provided in 

12 section 101, the amounts made available under this para13 graph shall be expended as authorized by law for the pro14 grams, projects, and activities specified in the text and 

15 table under this heading in the report of the Committee 

16 on Appropriations of the House of Representatives to ac17 company this Act. 

18 OPERATION AND MAINTENANCE

19 For expenses necessary for the operation, mainte20 nance, and care of existing river and harbor, flood and 

21 storm damage reduction, aquatic ecosystem restoration, 

22 and related projects authorized by law; providing security 

23 for infrastructure owned or operated by the Corps of Engi24 neers, including administrative buildings and laboratories; 

25 maintaining harbor channels provided by a State, municiVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 pality, or other public agency that serve essential naviga2 tion needs of general commerce, when authorized by law; 

3 surveying and charting northern and northwestern lakes 

4 and connecting waters; clearing and straightening chan5 nels; and removing obstructions to navigation, 

6 $2,366,465,000, to remain available until expended, of 

7 which such sums as are necessary to cover the Federal 

8 share of eligible operation and maintenance costs for 

9 coastal harbors and channels and for inland harbors shall 

10 be derived from the Harbor Maintenance Trust Fund; of 

11 which such sums as become available from the special ac12 count for the Corps of Engineers established by the Land 

13 and Water Conservation Fund Act of 1965 (16 U.S.C. 

14 460l–6a(i)) shall be derived from that account for resource 

15 protection, research, interpretation, and maintenance ac16 tivities related to resource protection in the areas at which 

17 outdoor recreation is available; and of which such sums 

18 as become available from fees collected under section 217 

19 of the Water Resources Development Act of 1996 (Public 

20 Law 104–303) shall be used to cover the cost of operation 

21 and maintenance of the dredged material disposal facilities 

22 for which such fees have been collected: Provided, That 

23 1 percent of the total amount of funds provided for each 

24 of the programs, projects or activities funded under this 

25 heading shall not be allocated to a field operating activity 


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1 prior to the beginning of the fourth quarter of the fiscal 

2 year and shall be available for use by the Chief of Engi3 neers to fund such emergency activities as the Chief of 

4 Engineers determines to be necessary and appropriate, 

5 and that the Chief of Engineers shall allocate during the 

6 fourth quarter any remaining funds which have not been 

7 used for emergency activities proportionally in accordance 

8 with the amounts provided for the programs, projects or 

9 activities: Provided further, That except as provided in sec10 tion 101, the amounts made available under this para11 graph shall be expended as authorized by law for the pro12 grams, projects, and activities specified in the text and 

13 table under this heading in the report of the Committee 

14 on Appropriations of the House of Representatives to ac15 company this Act. 

16 REGULATORY PROGRAM

17 For expenses necessary for administration of laws 

18 pertaining to regulation of navigable waters and wetlands, 

19 $196,000,000, to remain available until expended. 

20 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

21 For expenses necessary to clean up contamination 

22 from sites in the United States resulting from work per23 formed as part of the Nation’s early atomic energy pro24 gram, $109,000,000, to remain available until expended. 


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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary to prepare for floods, hurri3 canes, and other natural disasters and support emergency 

4 operations, repairs, and other activities in response to 

5 such disasters as authorized by law, $27,000,000, to re6 main available until expended. 

7 EXPENSES

8 For expenses necessary for the supervision and gen9 eral administration of the civil works program in the head10 quarters of the Corps of Engineers and the offices of the 

11 Division Engineers; and for costs of management and op12 eration of the Humphreys Engineer Center Support Activ13 ity, the Institute for Water Resources, the United States 

14 Army Engineer Research and Development Center, and 

15 the United States Army Corps of Engineers Finance Cen16 ter allocable to the civil works program, $185,000,000, to 

17 remain available until expended, of which not to exceed 

18 $5,000 may be used for official reception and representa19 tion purposes and only during the current fiscal year: Pro20 vided, That no part of any other appropriation in this title 

21 shall be available to fund the civil works activities of the 

22 Office of the Chief of Engineers or the civil works execu23 tive direction and management activities of the division 

24 offices: Provided further, That any Flood Control and 

25 Coastal Emergencies appropriation may be used to fund 


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1 the supervision and general administration of emergency 

2 operations, repairs, and other activities in response to any 

3 flood, hurricane, or other natural disaster. 

4 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

5 FOR CIVIL WORKS

6 For the Office of the Assistant Secretary of the Army 

7 for Civil Works as authorized by section 3016(b)(3) of 

8 title 10, United States Code, $5,000,000, to remain avail9 able until expended. 

10 ADMINISTRATIVE PROVISION

11 The Revolving Fund, Corps of Engineers, shall be 

12 available during the current fiscal year for purchase (not 

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

14 motor vehicles for the civil works program. 

15 GENERAL PROVISIONS, CORPS OF 

16 ENGINEERS—CIVIL 

17 (INCLUDING TRANSFERS OF FUNDS)

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

19 shall be available for obligation or expenditure through a 

20 reprogramming of funds that— 

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

22 or activity; 

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


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

3 or restricted by this Act; 

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

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

6 Act; 

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

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

9 whichever is less; or 

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

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

12 whichever is less. 

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

14 or activity authorized under section 205 of the Flood Con15 trol Act of 1948, section 14 of the Flood Control Act of 

16 1946, section 208 of the Flood Control Act of 1954, sec17 tion 107 of the River and Harbor Act of 1960, section 

18 103 of the River and Harbor Act of 1962, section 111 

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

20 Water Resources Development Act of 1986, section 206 

21 of the Water Resources Development Act of 1996, or sec22 tion 204 of the Water Resources Development Act of 

23 1992. 

24 (c) This section shall not apply to additional flood 

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1 gram funds provided under ‘‘Remaining Items’’ in the ta2 bles under the headings ‘‘Corps of Engineers-Civil—Con3 struction’’ and ‘‘Corps of Engineers-Civil—Operation and 

4 Maintenance’’ or to additional investigations funding 

5 under ‘‘National Programs’’ under the heading ‘‘Corps of 

6 Engineers-Civil—Investigations’’ in the report of the Com7 mittee on Appropriations of the House of Representatives 

8 to accompany this Act. 

9 (d) The Corps of Engineers shall submit reports on 

10 a quarterly basis to the Committees on Appropriations of 

11 the House of Representatives and the Senate detailing all 

12 the funds reprogrammed between programs, projects, ac13 tivities, or categories of funding. The first quarterly report 

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

15 of enactment of this Act. 

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

17 Acts, making funds available for Energy and Water Devel18 opment, shall be used to implement any pending or future 

19 competitive sourcing actions under OMB Circular A-76 or 

20 High Performing Organizations for the Army Corps of 

21 Engineers. 

22 SEC. 103. 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 

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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. 104. 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. 105. Not later than 90 days after the date of 

14 the Chief of Engineers Report on a water resource matter, 

15 the Assistant Secretary of the Army for Civil Works shall 

16 submit the report to the appropriate authorizing and ap17 propriating committees of the Congress. 

18 SEC. 106. During the 1-year period beginning on the 

19 date of enactment of this Act, the Secretary of the Army 

20 is authorized to implement measures recommended in the 

21 efficacy study authorized under section 3061 of the Water 

22 Resources Development Act of 2007 (121 Stat. 1121) or 

23 in interim reports, with such modifications or emergency 

24 measures as the Secretary of the Army determines to be 

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1 persing into the Great Lakes by way of any hydrologic 

2 connection between the Great Lakes and the Mississippi 

3 River Basin. 

4 SEC. 107. The Secretary is authorized to transfer to 

5 ‘‘Corps of Engineers-Civil—Construction’’ up to 

6 $100,000,000 of the funds provided for reinforcing or re7 placing flood walls under the heading ‘‘Corps of Engi8 neers-Civil—Flood Control and Coastal Emergencies’’ in 

9 Public Law 109–234 and Public Law 110–252 and up to 

10 $75,000,000 of the funds provided for projects and meas11 ures for the West Bank and Vicinity and Lake 

12 Ponchartrain and Vicinity projects under the heading 

13 ‘‘Corps of Engineers-Civil—Flood Control and Coastal 

14 Emergencies’’ in Public Law 110–28, to be used with 

15 funds provided for the West Bank and Vicinity project 

16 under the heading ‘‘Corps of Engineers-Civil—Construc17 tion’’ in Public Law 110–252 and Public Law 110–329, 

18 consistent with 65 percent Federal and 35 percent non19 Federal cost share and the financing of, and payment 

20 terms for, the non-Federal cash contribution associated 

21 with the West Bank and Vicinity project. 

22 SEC. 108. The Secretary of the Army may transfer 

23 to the Fish and Wildlife Service, and the Fish and Wildlife 

24 Service may accept and expend, up to $3,800,000 of funds 

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


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

2 of Engineers projects. 

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

4 Act or any subsequent Act making appropriations for En5 ergy and Water Development may be used by the Corps 

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

7 enforce a change or supplement to the rule dated Novem8 ber 13, 1986, or guidance documents dated January 15, 

9 2003, and December 2, 2008, pertaining to the definition 

10 of waters under the jurisdiction of the Federal Water Pol11 lution Control Act (33 U.S.C. 1251 et seq.). 

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

13 Act may be used by the Corps of Engineers to relocate, 

14 or study the relocation of, any regional division head15 quarters of the Corps located at a military installation or 

16 any permanent employees of such headquarters. 

17 SEC. 111. (a) Section 5 of the Act entitled ‘‘An Act 

18 authorizing the construction of certain public works on 

19 rivers and harbors for flood control, and for other pur20 poses,’’ approved June 22, 1936, (33 U.S.C. 701h), is 

21 amended by— 

22 (1) inserting ‘‘for work, which includes planning 

23 and design,’’ before ‘‘to be expended’’; 


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1 (2) striking ‘‘flood control or environmental res2 toration work’’ and inserting ‘‘water resources devel3 opment study or project’’; and 

4 (3) inserting ‘‘: Provided further, That the term 

5 ‘States’ means the several States, the District of Co6 lumbia, the commonwealths, territories, and posses7 sions of the United States, and Federally recognized 

8 Indian tribes’’ before the period. 

9 (b) The Secretary shall notify the appropriate com10 mittees of Congress prior to initiation of negotiations for 

11 accepting contributed funds under 33 U.S.C. 701h. 

12 TITLE II—DEPARTMENT OF THE INTERIOR 

13 CENTRAL UTAH PROJECT

14 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

15 For carrying out activities authorized by the Central 

16 Utah Project Completion Act, $27,154,000, to remain 

17 available until expended, of which $2,000,000 shall be de18 posited into the Utah Reclamation Mitigation and Con19 servation Account for use by the Utah Reclamation Miti20 gation and Conservation Commission. In addition, for nec21 essary expenses incurred in carrying out related respon22 sibilities of the Secretary of the Interior, $1,550,000. For 

23 fiscal year 2012, the Commission may use an amount not 

24 to exceed $1,500,000 for administrative expenses. 


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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, $822,300,000, to re15 main available until expended, of which $10,698,000 shall 

16 be available for transfer to the Upper Colorado River 

17 Basin Fund and $6,136,000 shall be available for transfer 

18 to the Lower Colorado River Basin Development Fund; 

19 of which such amounts as may be necessary may be ad20 vanced to the Colorado River Dam Fund; of which not 

21 more than $500,000 is for high priority projects which 

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

23 authorized by 16 U.S.C. 1706: Provided, That such trans24 fers may be increased or decreased within the overall ap25 propriation under this heading: Provided further, That of 


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1 the total appropriated, the amount for program activities 

2 that can be financed by the Reclamation Fund or the Bu3 reau of Reclamation special fee account established by 16 

4 U.S.C. 460l-6a(i) shall be derived from that Fund or ac5 count: Provided further, That funds contributed under 43 

6 U.S.C. 395 are available until expended for the purposes 

7 for which contributed: Provided further, That funds ad8 vanced under 43 U.S.C. 397a shall be credited to this ac9 count and are available until expended for the same pur10 poses as the sums appropriated under this heading: Pro11 vided further, That except as provided in section 201, the 

12 amounts made available under this paragraph shall be ex13 pended as authorized by law for the programs, projects, 

14 and activities specified in the text and table under this 

15 heading in the report of the Committee on Appropriations 

16 of the House of Representatives to accompany this Act. 

17 CENTRAL VALLEY PROJECT RESTORATION FUND

18 For carrying out the programs, projects, plans, habi19 tat restoration, improvement, and acquisition provisions of 

20 the Central Valley Project Improvement Act, $53,068,000, 

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

22 Central Valley Project Restoration Fund pursuant to sec23 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

24 102–575, to remain available until expended: Provided, 

25 That the Bureau of Reclamation is directed to assess and 


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1 collect the full amount of the additional mitigation and 

2 restoration payments authorized by section 3407(d) of 

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

4 funds made available under this heading may be used for 

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

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

7 by a court adopted decree or order. 

8 CALIFORNIA BAY-DELTA RESTORATION

9 (INCLUDING TRANSFERS OF FUNDS)

10 For carrying out activities authorized by the Water 

11 Supply, Reliability, and Environmental Improvement Act, 

12 consistent with plans to be approved by the Secretary of 

13 the Interior, $35,928,000, to remain available until ex14 pended, of which such amounts as may be necessary to 

15 carry out such activities may be transferred to appropriate 

16 accounts of other participating Federal agencies to carry 

17 out authorized purposes: Provided, That funds appro18 priated herein may be used for the Federal share of the 

19 costs of CALFED Program management: Provided fur20 ther, That the use of any funds provided to the California 

21 Bay-Delta Authority for program-wide management and 

22 oversight activities shall be subject to the approval of the 

23 Secretary of the Interior: Provided further, That CALFED 

24 implementation shall be carried out in a balanced manner 

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1 rent progress in achieving the goals and objectives of the 

2 Program. 

3 POLICY AND ADMINISTRATION

4 For necessary expenses of policy, administration, and 

5 related functions in the Office of the Commissioner, the 

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

7 of Reclamation, to remain available until expended, 

8 $60,000,000, to be derived from the Reclamation Fund 

9 and be nonreimbursable as provided in 43 U.S.C. 377: 

10 Provided, That no part of any other appropriation in this 

11 Act shall be available for activities or functions budgeted 

12 as policy and administration expenses. 

13 ADMINISTRATIVE PROVISION

14 Appropriations for the Bureau of Reclamation shall 

15 be available for purchase of not to exceed five passenger 

16 motor vehicles, which are for replacement only. 

17 GENERAL PROVISIONS, DEPARTMENT OF THE 

18 INTERIOR 

19 (INCLUDING RESCISSION OF FUNDS)

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

21 shall be available for obligation or expenditure through a 

22 reprogramming of funds that— 

23 (1) creates or initiates a new program, project, or ac24 tivity; 

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


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1 (3) increases funds for any program, project, or activ2 ity for which funds have been denied or restricted by this 

3 Act; 

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

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

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

7 (A) 15 percent for any program, project, or ac8 tivity for which $2,000,000 or more is available at 

9 the beginning of the fiscal year; or 

10 (B) $300,000 for any program, project, or ac11 tivity for which less than $2,000,000 is available at 

12 the beginning of the fiscal year; 

13 (6) transfers more than $500,000 from either the Fa14 cilities Operation, Maintenance, and Rehabilitation cat15 egory or the Resources Management and Development 

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

17 category; or 

18 (7) transfers, when necessary to discharge legal obli19 gations of the Bureau of Reclamation, more than 

20 $5,000,000 to provide adequate funds for settled con21 tractor claims, increased contractor earnings due to accel22 erated rates of operations, and real estate deficiency judg23 ments. 


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

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

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

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

6 project, or activity. 

7 (d) The Bureau of Reclamation shall submit reports 

8 on a quarterly basis to the Committees on Appropriations 

9 of the House of Representatives and the Senate detailing 

10 all the funds reprogrammed between programs, projects, 

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

13 date of enactment of this Act. 

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

17 for the San Luis Unit until development by the Secretary 

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

19 shall conform to the water quality standards of the State 

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

23 (b) The costs of the Kesterson Reservoir Cleanup 

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


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1 Interior as reimbursable or nonreimbursable and collected 

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

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

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

7 prepared by the Department of the Interior, Bureau of 

8 Reclamation. Any future obligations of funds by the 

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

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

13 SEC. 203. Of the funds deposited in the San Joaquin 

14 River Restoration Fund in accordance with subparagraphs 

15 (A), (B) and (C) of section 10009(c)(1) of Public Law 

16 111-11, all unobligated balances remaining from prior fis17 cal years are hereby permanently rescinded. 

18 TITLE III—DEPARTMENT OF ENERGY 

19 ENERGY PROGRAMS 

20 ENERGY EFFICIENCY AND RENEWABLE ENERGY

21 For Department of Energy expenses including the 

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

24 efficiency and renewable energy activities in carrying out 

25 the purposes of the Department of Energy Organization 


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

2 condemnation of any real property or any facility or for 

3 plant or facility acquisition, construction, or expansion, 

4 $1,304,636,000, to remain available until expended: Pro5 vided, That for the purposes of allocating weatherization 

6 assistance funds appropriated by this Act to States and 

7 tribes, the Secretary of Energy may waive the allocation 

8 formula established pursuant to section 414(a) of the En9 ergy Conservation and Production Act (42 U.S.C. 

10 6864(a)). 

11 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

12 For Department of Energy expenses including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment, and other expenses necessary for elec15 tricity delivery and energy reliability activities in carrying 

16 out the purposes of the Department of Energy Organiza17 tion Act (42 U.S.C. 7101 et seq.), including the acquisi18 tion or condemnation of any real property or any facility 

19 or for plant or facility acquisition, construction, or expan20 sion, $139,496,000, to remain available until expended. 

21 NUCLEAR ENERGY

22 For Department of Energy expenses including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment, and other expenses necessary for nuclear 

25 energy activities in carrying out the purposes of the DeVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

3 real property or any facility or for plant or facility acquisi4 tion, construction, or expansion, and the purchase of not 

5 more than 10 buses, all for replacement only, 

6 $733,633,000, to remain available until expended. 

7 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

8 For necessary expenses in carrying out fossil energy 

9 research and development activities, under the authority 

10 of the Department of Energy Organization Act (Public 

11 Law 95–91), including the acquisition of interest, includ12 ing defeasible and equitable interests in any real property 

13 or any facility or for plant or facility acquisition or expan14 sion, and for conducting inquiries, technological investiga15 tions and research concerning the extraction, processing, 

16 use, and disposal of mineral substances without objection17 able social and environmental costs (30 U.S.C. 3, 1602, 

18 and 1603), $476,993,000, to remain available until ex19 pended: Provided, That for all programs funded under 

20 Fossil Energy appropriations in this Act or any other Act, 

21 the Secretary may vest fee title or other property interests 

22 acquired under projects in any entity, including the United 

23 States. 


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1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For expenses necessary to carry out naval petroleum 

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

4 available until expended: Provided, That, notwithstanding 

5 any other provision of law, unobligated funds remaining 

6 from prior years shall be available for all naval petroleum 

7 and oil shale reserve activities. 

8 STRATEGIC PETROLEUM RESERVE

9 For necessary expenses for Strategic Petroleum Re10 serve facility development and operations and program 

11 management activities pursuant to the Energy Policy and 

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

13 et seq.), $192,704,000, to remain available until expended. 

14 SPR PETROLEUM ACCOUNT

15 Notwithstanding sections 161 and 167 of the Energy 

16 Policy and Conservation Act (42 U.S.C. 6241, 6247), the 

17 Secretary of Energy shall sell $500,000,000 in petroleum 

18 products from the Reserve not later than March 1, 2012, 

19 and shall deposit any proceeds from such sales in the Gen20 eral Fund of the Treasury: Provided, That during fiscal 

21 year 2012 and hereafter, the quantity of petroleum prod22 ucts sold from the Reserve under the authority of this Act 

23 may only be replaced using the authority provided in para24 graph (a)(1) or (3) of section 160 of the Energy Policy 

25 and Conservation Act (42 U.S.C. 6240(a)(1) or (3)): ProVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 vided further, That unobligated balances in this account 

2 shall be available to cover the costs of any sale under this 

3 Act. 

4 NORTHEAST HOME HEATING OIL RESERVE

5 (INCLUDING RESCISSION OF FUNDS)

6 For necessary expenses for Northeast Home Heating 

7 Oil Reserve storage, operation, and management activities 

8 pursuant to the Energy Policy and Conservation Act, 

9 $10,119,000, to remain available until expended: Pro10 vided, That amounts net of the purchase of 1 million bar11 rels of petroleum distillates in fiscal year 2011; costs re12 lated to transportation, delivery, and storage; and sales 

13 of petroleum distillate from the Reserve under section 182 

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

15 6250a) are hereby permanently rescinded: Provided fur16 ther, That notwithstanding section 181 of the Energy Pol17 icy and Conservation Act (42 U.S.C. 6250) , for fiscal year 

18 2012 and hereafter, the Reserve shall contain no more 

19 than 1 million barrels of petroleum distillate. 

20 ENERGY INFORMATION ADMINISTRATION

21 For necessary expenses in carrying out the activities 

22 of the Energy Information Administration, $105,000,000, 

23 to remain available until expended. 


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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-de5 fense environmental cleanup activities in carrying out the 

6 purposes of the Department of Energy Organization Act 

7 (42 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant 

9 or facility acquisition, construction, or expansion, 

10 $213,121,000, to remain available until expended. 

11 URANIUM ENRICHMENT DECONTAMINATION AND

12 DECOMMISSIONING FUND

13 For necessary expenses in carrying out uranium en14 richment facility decontamination and decommissioning, 

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

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

17 the Energy Policy Act of 1992, $449,000,000, to be de18 rived from the Uranium Enrichment Decontamination and 

19 Decommissioning Fund, and not more than $150,000,000, 

20 to be derived from the barter, transfer, or sale of uranium 

21 authorized under section 3112 of the USEC Privatization 

22 Act (42 U.S.C. 2297h-10) or section 314 of the Energy 

23 and Water Development Appropriations Act, 2006 (Public 

24 Law 109-103), to remain available until expended: Pro25 vided, That proceeds from such barter, transfer, or sale 


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1 of uranium in excess of such amount shall not be available 

2 until appropriated. 

3 SCIENCE

4 For Department of Energy expenses including the 

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

7 activities in carrying out the purposes of the Department 

8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not more than 49 pas12 senger motor vehicles for replacement only, including one 

13 ambulance and one bus, $4,800,000,000, to remain avail14 able until expended. 

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), $25,000,000, to remain available until ex19 pended, and to be derived from the Nuclear Waste Fund. 

20 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

21 For necessary expenses in carrying out the activities 

22 authorized by section 5012 of the America COMPETES 

23 Act (42 U.S.C. 16538), $100,000,000, to remain available 

24 until expended. 


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1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 Subject to section 502 of the Congressional Budget 

4 Act of 1974, for the cost of loan guarantees for renewable 

5 energy or efficient end-use energy technologies under sec6 tion 1703 of the Energy Policy Act of 2005, 

7 $160,000,000, to remain available until expended: Pro8 vided, That the amounts provided in this section are in 

9 addition to those provided in any other Act: Provided fur10 ther, That, notwithstanding section 1703(a)(2) of the En11 ergy Policy Act of 2005, funds appropriated for the cost 

12 of loan guarantees are also available for projects for which 

13 an application has been submitted to the Department of 

14 Energy prior to February 24, 2011, in whole or in part, 

15 for a loan guarantee under 1705 of the Energy Policy Act 

16 of 2005: Provided further, That an additional amount for 

17 necessary administrative expenses to carry out this Loan 

18 Guarantee program, $38,000,000 is appropriated, to re19 main available until expended: Provided further, That 

20 $38,000,000 of the fees collected pursuant to section 

21 1702(h) of the Energy Policy Act of 2005 shall be credited 

22 as offsetting collections to this account to cover adminis23 trative expenses and shall remain available until expended, 

24 so as to result in a final fiscal year 2012 appropriations 

25 from the general fund estimated at not more than $0: ProVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 vided further, That fees collected under section 1702(h) 

2 in excess of the amount appropriated for administrative 

3 expenses shall not be available until appropriated: Pro4 vided further, That for amounts collected pursuant to sec5 tion 1702(b)(2) of the Energy Policy Act of 2005, the 

6 source of such payment received from borrowers is not a 

7 loan or other debt obligation that is guaranteed by the 

8 Federal Government: Provided further, That none of the 

9 loan guarantee authority made available in this paragraph 

10 shall be available for commitments to guarantee loans for 

11 any projects where funds, personnel, or property (tangible 

12 or intangible) of any Federal agency, instrumentality, per13 sonnel or affiliated entity are expected to be used (directly 

14 or indirectly) through acquisitions, contracts, demonstra15 tions, exchanges, grants, incentives, leases, procurements, 

16 sales, other transaction authority, or other arrangements, 

17 to support the project or to obtain goods or services from 

18 the project: Provided further, That the previous proviso 

19 shall not be interpreted as precluding the use of the loan 

20 guarantee authority in this paragraph for commitments 

21 to guarantee loans for projects as a result of such projects 

22 benefiting from (1) otherwise allowable Federal income 

23 tax benefits; (2) being located on Federal land pursuant 

24 to a lease or right-of-way agreement for which all consider25 ation for all uses is (A) paid exclusively in cash, (B) deposVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 ited in the Treasury as offsetting receipts, and (C) equal 

2 to the fair market value as determined by the head of the 

3 relevant Federal agency; (3) Federal insurance programs, 

4 including under section 170 of the Atomic Energy Act of 

5 1954 (42 U.S.C. 2210; commonly known as the ‘‘Price6 Anderson Act’’); or (4) for electric generation projects, use 

7 of transmission facilities owned or operated by a Federal 

8 Power Marketing Administration or the Tennessee Valley 

9 Authority that have been authorized, approved, and fi10 nanced independent of the project receiving the guarantee: 

11 Provided further, That none of the loan guarantee author12 ity made available in this paragraph shall be available for 

13 any project unless the Director of the Office of Manage14 ment and Budget has certified in advance in writing that 

15 the loan guarantee and the project comply with the provi16 sions under this paragraph. 

17 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

18 LOAN PROGRAM

19 For administrative expenses in carrying out the Ad20 vanced Technology Vehicles Manufacturing Loan Pro21 gram, $6,000,000, to remain available until expended. 

22 DEPARTMENTAL ADMINISTRATION

23 For salaries and expenses of the Department of En24 ergy necessary for departmental administration in car25 rying out the purposes of the Department of Energy OrgaVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 nization Act (42 U.S.C. 7101 et seq.), including the hire 

2 of passenger motor vehicles and official reception and rep3 resentation expenses not to exceed $30,000, 

4 $221,514,000, to remain available until expended, plus 

5 such additional amounts as necessary to cover increases 

6 in the estimated amount of cost of work for others not7 withstanding the provisions of the Anti-Deficiency Act (31 

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

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

10 or greater amount, to remain available until expended: 

11 Provided further, That moneys received by the Department 

12 for miscellaneous revenues estimated to total 

13 $111,883,000 in fiscal year 2012 may be retained and 

14 used for operating expenses within this account, and may 

15 remain available until expended, as authorized by section 

16 201 of Public Law 95–238, notwithstanding the provisions 

17 of 31 U.S.C. 3302: Provided further, That the sum herein 

18 appropriated shall be reduced by the amount of miscella19 neous revenues received during 2012, and any related ap20 propriated receipt account balances remaining from prior 

21 years’ miscellaneous revenues, so as to result in a final 

22 fiscal year 2012 appropriation from the general fund esti23 mated at not more than $109,631,000. 


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1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of the Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, as amended, $41,774,000, to remain 

5 available until expended. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY 

8 ADMINISTRATION 

9 WEAPONS ACTIVITIES

10 (INCLUDING RESCISSION OF FUNDS)

11 For Department of Energy expenses, including the 

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

14 atomic energy defense weapons activities in carrying out 

15 the purposes of the Department of Energy Organization 

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

17 condemnation of any real property or any facility or for 

18 plant or facility acquisition, construction, or expansion, 

19 the purchase of not to exceed one ambulance and one air20 craft; $7,131,993,000, to remain available until expended: 

21 Provided, That of such amount not more than 

22 $139,281,000 may be made available for the B-61 Life 

23 Extension Program until the Administrator for Nuclear 

24 Security submits to the Committees on Appropriations of 

25 the House of Representatives and the Senate the outcome 


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1 of its Phase 6.2a design definition and cost study: Pro2 vided further, That of the unobligated balances available 

3 under this heading, $40,332,000 are hereby rescinded: 

4 Provided further, That no amounts may be rescinded from 

5 amounts that were designated by the Congress as an 

6 emergency requirement pursuant to the Concurrent Reso7 lution on the Budget or the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 

9 DEFENSE NUCLEAR NONPROLIFERATION

10 (INCLUDING RESCISSION OF FUNDS)

11 For Department of Energy expenses, including the 

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

14 defense nuclear nonproliferation activities, in carrying out 

15 the purposes of the Department of Energy Organization 

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

17 condemnation of any real property or any facility or for 

18 plant or facility acquisition, construction, or expansion, 

19 and the purchase of not to exceed one passenger motor 

20 vehicle for replacement only, $2,086,770,000, to remain 

21 available until expended: Provided, That of the unobli22 gated balances available under this heading, $30,000,000 

23 are hereby rescinded; Provided further, That no amounts 

24 may be rescinded from amounts that were designated by 

25 the Congress as an emergency requirement pursuant to 


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1 the Concurrent Resolution on the Budget or the Balanced 

2 Budget and Emergency 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 $1,030,600,000, to remain available until expended. 

11 OFFICE OF THE ADMINISTRATOR

12 For necessary expenses of the Office of the Adminis13 trator in the National Nuclear Security Administration, 

14 including official reception and representation expenses 

15 not to exceed $12,000, $420,000,000, to remain available 

16 until expended. 

17 ENVIRONMENTAL AND OTHER DEFENSE 

18 ACTIVITIES 

19 DEFENSE ENVIRONMENTAL CLEANUP

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 environmental cleanup activities in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the acquiVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 sition or condemnation of any real property or any facility 

2 or for plant or facility acquisition, construction, or expan3 sion, and the purchase of not to exceed one ambulance 

4 and one fire truck for replacement only, $4,937,619,000, 

5 to remain available until expended. 

6 OTHER DEFENSE ACTIVITIES

7 For Department of Energy expenses, including the 

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

10 energy defense, other defense activities, and classified ac11 tivities, in carrying out the purposes of the Department 

12 of Energy Organization Act (42 U.S.C. 7101 et seq.), in13 cluding the acquisition or condemnation of any real prop14 erty or any facility or for plant or facility acquisition, con15 struction, or expansion, and the purchase of not to exceed 

16 10 passenger motor vehicles for replacement only, 

17 $814,000,000, to remain available until expended. 

18 POWER MARKETING ADMINISTRATIONS 

19 BONNEVILLE POWER ADMINISTRATION FUND

20 Expenditures from the Bonneville Power Administra21 tion Fund, established pursuant to Public Law 93–454, 

22 are approved for the Kootenai River Native Fish Con23 servation Aquaculture Program, Lolo Creek Permanent 

24 Weir Facility, and Improving Anadromous Fish produc25 tion on the Warm Springs Reservation, and, in addition, 


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1 for official reception and representation expenses in an 

2 amount not to exceed $3,000. During fiscal year 2012, 

3 no new direct loan obligations may be made from such 

4 Fund. 

5 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

6 ADMINISTRATION

7 For necessary expenses of operation and maintenance 

8 of power transmission facilities and of marketing electric 

9 power and energy, including transmission wheeling and 

10 ancillary services pursuant to section 5 of the Flood Con11 trol Act of 1944 (16 U.S.C. 825s), as applied to the south12 eastern power area, $8,428,000, to remain available until 

13 expended: Provided, That notwithstanding 31 U.S.C. 3302 

14 and section 5 of the Flood Control Act of 1944, up to 

15 $8,428,000 collected by the Southeastern Power Adminis16 tration from the sale of power and related services shall 

17 be credited to this account as discretionary offsetting col18 lections, to remain available until expended for the sole 

19 purpose of funding the annual expenses of the South20 eastern Power Administration: Provided further, That the 

21 sum herein appropriated for annual expenses shall be re22 duced as collections are received during the fiscal year so 

23 as to result in a final fiscal year 2012 appropriation esti24 mated at not more than $0: Provided further, That not25 withstanding 31 U.S.C. 3302, up to $100,162,000 colVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 lected by the Southeastern Power Administration pursu2 ant to the Flood Control Act of 1944 to recover purchase 

3 power and wheeling expenses shall be credited to this ac4 count as offsetting collections, to remain available until 

5 expended for the sole purpose of making purchase power 

6 and wheeling expenditures: Provided further, That for pur7 poses of this appropriation, annual expenses means ex8 penditures that are generally recovered in the same year 

9 that they are incurred (excluding purchase power and 

10 wheeling expenses). 

11 OPERATION AND MAINTENANCE, SOUTHWESTERN

12 POWER ADMINISTRATION

13 For necessary expenses of operation and maintenance 

14 of power transmission facilities and of marketing electric 

15 power and energy, for construction and acquisition of 

16 transmission lines, substations and appurtenant facilities, 

17 and for administrative expenses, including official recep18 tion and representation expenses in an amount not to ex19 ceed $1,500 in carrying out section 5 of the Flood Control 

20 Act of 1944 (16 U.S.C. 825s), as applied to the South21 western Power Administration, $45,010,000, to remain 

22 available until expended: Provided, That notwithstanding 

23 31 U.S.C. 3302 and section 5 of the Flood Control Act 

24 of 1944 (16 U.S.C. 825s), up to $33,118,000 collected 

25 by the Southwestern Power Administration from the sale 


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•HR 2354 RH

1 of power and related services shall be credited to this ac2 count as discretionary offsetting collections, to remain 

3 available until expended, for the sole purpose of funding 

4 the annual expenses of the Southwestern Power Adminis5 tration: Provided further, That the sum herein appro6 priated for annual expenses shall be reduced as collections 

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

8 fiscal year 2012 appropriation estimated at not more than 

9 $11,892,000: Provided further, That, notwithstanding 31 

10 U.S.C. 3302, up to $40,000,000 collected by the South11 western Power Administration pursuant to the Flood Con12 trol Act of 1944 to recover purchase power and wheeling 

13 expenses shall be credited to this account as offsetting col14 lections, to remain available until expended for the sole 

15 purpose of making purchase power and wheeling expendi16 tures: Provided further, That for purposes of this appro17 priation, annual expenses means expenditures that are 

18 generally recovered in the same year that they are in19 curred (excluding purchase power and wheeling expenses). 

20 CONSTRUCTION, REHABILITATION, OPERATION AND

21 MAINTENANCE, WESTERN AREA POWER ADMINIS22 TRATION

23 For carrying out the functions authorized by title III, 

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

25 U.S.C. 7152), and other related activities including conVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 servation and renewable resources programs as author2 ized, including official reception and representation ex3 penses in an amount not to exceed $1,500; $285,900,000, 

4 to remain available until expended, of which $278,856,000 

5 shall be derived from the Department of the Interior Rec6 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

7 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

10 $189,932,000 collected by the Western Area Power Ad11 ministration from the sale of power and related services 

12 shall be credited to this account as discretionary offsetting 

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

14 purpose of funding the annual expenses of the Western 

15 Area Power Administration: Provided further, That the 

16 sum herein appropriated for annual expenses shall be re17 duced as collections are received during the fiscal year so 

18 as to result in a final fiscal year 2012 appropriation esti19 mated at not more than $95,968,000, of which 

20 $88,924,000 is derived from the Reclamation Fund: Pro21 vided further, That of the amount herein appropriated, not 

22 more than $3,375,000 is for deposit into the Utah Rec23 lamation Mitigation and Conservation Account pursuant 

24 to title IV of the Reclamation Projects Authorization and 

25 Adjustment Act of 1992: Provided further, That notwithVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 standing 31 U.S.C. 3302, up to $306,541,000 collected 

2 by the Western Area Power Administration pursuant to 

3 the Flood Control Act of 1944 and the Reclamation 

4 Project Act of 1939 to recover purchase power and wheel5 ing expenses shall be credited to this account as offsetting 

6 collections, to remain available until expended for the sole 

7 purpose of making purchase power and wheeling expendi8 tures: Provided further, That for purposes of this appro9 priation, annual expenses means expenditures that are 

10 generally recovered in the same year that they are in11 curred (excluding purchase power and wheeling expenses). 

12 FALCON AND AMISTAD OPERATING AND MAINTENANCE

13 FUND

14 For operation, maintenance, and emergency costs for 

15 the hydroelectric facilities at the Falcon and Amistad 

16 Dams, $4,169,000, to remain available until expended, 

17 and to be derived from the Falcon and Amistad Operating 

18 and Maintenance Fund of the Western Area Power Ad19 ministration, as provided in section 2 of the Act of June 

20 18, 1954 (68 Stat. 255) as amended: Provided, That not21 withstanding the provisions of that Act and of 31 U.S.C. 

22 3302, up to $3,949,000 collected by the Western Area 

23 Power Administration from the sale of power and related 

24 services from the Falcon and Amistad Dams shall be cred25 ited to this account as discretionary offsetting collections, 


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1 to remain available until expended for the sole purpose 

2 of funding the annual expenses of the hydroelectric facili3 ties of these Dams and associated Western Area Power 

4 Administration activities: Provided further, That the sum 

5 herein appropriated for annual expenses shall be reduced 

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

7 result in a final fiscal year 2012 appropriation estimated 

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

9 purposes of this appropriation, annual expenses means ex10 penditures that are generally recovered in the same year 

11 that they are incurred. 

12 FEDERAL ENERGY REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Energy Regu15 latory Commission to carry out the provisions of the De16 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

18 the hire of passenger motor vehicles, and official reception 

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

20 $304,600,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 not to exceed $304,600,000 of revenues from fees and an23 nual charges, and other services and collections in fiscal 

24 year 2012 shall be retained and used for necessary ex25 penses in this account, and shall remain available until 


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1 expended: Provided further, That the sum herein appro2 priated from the general fund shall be reduced as revenues 

3 are received during fiscal year 2012 so as to result in a 

4 final fiscal year 2012 appropriation from the general fund 

5 estimated at not more than $0. 

6 GENERAL PROVISIONS, DEPARTMENT OF 

7 ENERGY 

8 (INCLUDING TRANSFERS OF FUNDS)

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

10 made available in this title for the Department of Energy 

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

12 or activity or to prepare or initiate Requests For Proposals 

13 or similar arrangements (including Requests for 

14 Quotations, Requests for Information, and Funding Op15 portunity Announcements) for a program, project, or ac16 tivity if the program, project, or activity has not been 

17 funded by Congress. 

18 (b)(1) Except as provided in paragraph (2), the De19 partment of Energy may not, with respect to any program, 

20 project, or activity that uses budget authority made avail21 able in this title under the heading ′′Department of En22 ergy—Energy Programs′′, enter into a contract, award a 

23 grant, or enter into a cooperative agreement that obligates 

24 the Government in excess of the budget authority available 

25 under such heading for such purpose, or that is properly 


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1 chargeable to budget authority of a future fiscal year be2 fore such budget authority is available, regardless of 

3 whether the contract, grant, or cooperative agreement in4 cludes a clause conditioning the Government’s obligation 

5 on the availability of such budget authority. 

6 (2) Paragraph (1) shall not apply with respect to 

7 major capital projects. 

8 (c) Except as provided in this section, the amounts 

9 made available by this Act for the Department of Energy 

10 shall be expended as authorized by law for the projects 

11 and activities specified in the text and the ‘‘Bill’’ column 

12 in the ‘‘Comparative Statement of New Budget 

13 (Obligational) Authority for 2011 and Budget Requests 

14 and Amounts Recommended in the Bill for 2012’’ included 

15 under the heading ‘‘Title III—Department of Energy’’ in 

16 the report of the Committee on Appropriations of the 

17 House of Representatives to accompany this Act. 

18 (d) None of the funds provided in this title shall be 

19 available for obligation or expenditure through a re20 programming of funds that— 

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

22 or activity; 

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


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

3 or restricted by this Act; 

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

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

6 Act; 

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

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

9 whichever is less; or 

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

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

12 whichever is less. 

13 (e) The Secretary of Energy and the Administrator 

14 for Nuclear Security may jointly waive the restrictions 

15 under subsection (a) and subsection (d) on a case-by-case 

16 basis by certifying to the Committees on Appropriations 

17 of the House of Representatives and the Senate that it 

18 is in the national security interest to do so. 

19 SEC. 302. None of the funds made available in this 

20 title may be used— 

21 (1) to augment the funds made available for ob22 ligation by this Act for severance payments and 

23 other benefits and community assistance grants 

24 under section 4604 of the Atomic Energy Defense 

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1 ergy submits a reprogramming request to the appro2 priate congressional committees; or 

3 (2) to provide enhanced severance payments or 

4 other benefits for employees of the Department of 

5 Energy under section 4604; or 

6 (3) develop or implement a workforce restruc7 turing plan that covers employees of the Department 

8 of Energy. 

9 SEC. 303. The unexpended balances of prior appro10 priations provided for activities in this Act may be avail11 able to the same appropriation accounts for such activities 

12 established pursuant to this title. Available balances may 

13 be merged with funds in the applicable established ac14 counts and thereafter may be accounted for as one fund 

15 for the same time period as originally enacted. 

16 SEC. 304. None of the funds in this or any other Act 

17 for the Administrator of the Bonneville Power Administra18 tion may be used to enter into any agreement to perform 

19 energy efficiency services outside the legally defined Bon20 neville service territory, with the exception of services pro21 vided internationally, including services provided on a re22 imbursable basis, unless the Administrator certifies in ad23 vance that such services are not available from private sec24 tor businesses. 


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1 SEC. 305. When the Department of Energy makes 

2 a user facility available to universities or other potential 

3 users, or seeks input from universities or other potential 

4 users regarding significant characteristics or equipment in 

5 a user facility or a proposed user facility, the Department 

6 shall ensure broad public notice of such availability or 

7 such need for input to universities and other potential 

8 users. When the Department of Energy considers the par9 ticipation of a university or other potential user as a for10 mal partner in the establishment or operation of a user 

11 facility, the Department shall employ full and open com12 petition in selecting such a partner. For purposes of this 

13 section, the term ‘‘user facility’’ includes, but is not lim14 ited to: (1) a user facility as described in section 

15 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

16 13503(a)(2)); (2) a National Nuclear Security Adminis17 tration Defense Programs Technology Deployment Cen18 ter/User Facility; and (3) any other Departmental facility 

19 designated by the Department as a user facility. 

20 SEC. 306. Funds appropriated by this or any other 

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

22 Act, for intelligence activities are deemed to be specifically 

23 authorized by the Congress for purposes of section 504 

24 of the National Security Act of 1947 (50 U.S.C. 414) durVerDate Mar 15 2010 22:14 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2354.RH H2354

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1 ing fiscal year 2012 until the enactment of the Intelligence 

2 Authorization Act for Fiscal Year 2012. 

3 SEC. 307. (a) In any fiscal year in which the Sec4 retary of Energy determines that additional funds are 

5 needed to reimburse the costs of defined benefit pension 

6 plans for contractor employees, the Secretary may transfer 

7 not more than 1 percent of an appropriation made avail8 able in this or any subsequent Energy and Water Develop9 ment Appropriations Act to any other appropriation made 

10 available to the Secretary by such Act for such reimburse11 ment. 

12 (b) Where the Secretary recovers the costs of defined 

13 benefit pension plans for contractor employees through 

14 charges for the indirect costs of research and activities at 

15 facilities of the Department of Energy, if the indirect costs 

16 attributable to defined benefit pension plan costs in a fis17 cal year are more than charges in fiscal year 2008, the 

18 Secretary shall carry out a transfer of funds under this 

19 section. 

20 (c) In carrying out a transfer under this section, the 

21 Secretary shall use each appropriation made available to 

22 the Department in that fiscal year as a source for the 

23 transfer, and shall reduce each appropriation by an equal 

24 percentage, except that appropriations for which the Sec25 retary determines there exists a need for additional funds 


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1 for pension plan costs in that fiscal year, as well as appro2 priations made available for the Power Marketing Admin3 istrations, the loan guarantee program under title XVII 

4 of the Energy Policy Act of 2005, and the Federal Energy 

5 Regulatory Commission, shall not be subject to this re6 quirement. 

7 (d) Each January, the Secretary shall report to the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate on the state of defined benefit pen10 sion plan liabilities in the Department for the preceding 

11 year. 

12 (e) This transfer authority does not apply to supple13 mental appropriations, and is in addition to any other 

14 transfer authority provided in this or any other Act. The 

15 authority provided under this section shall expire on Sep16 tember 30, 2015. 

17 (f) The Secretary shall notify the Committees on Ap18 propriations of the House of Representatives and the Sen19 ate in writing not less than 30 days in advance of each 

20 transfer authorized by this section. 

21 SEC. 308. None of the funds made available in this 

22 title shall be used for the construction of facilities classi23 fied as high-hazard nuclear facilities under 10 CFR Part 

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1 fice of Health, Safety, and Security to ensure the project 

2 is in compliance with nuclear safety requirements. 

3 SEC. 309. Plant or construction projects for which 

4 amounts are made available under this and subsequent ap5 propriation Acts with an estimated cost of less than 

6 $10,000,000 are considered for purposes of section 4703 

7 of the Atomic Energy Defense Act (50 U.S.C. 2743) as 

8 a plant project for which the approved total estimated cost 

9 does not exceed the minor construction threshold and for 

10 purposes of section 4704(d) of such Act (50 U.S.C. 

11 2744(d)) as a construction project with an estimated cost 

12 of less than a minor construction threshold. 

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

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

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

16 any successive departmental guidance, for construction 

17 projects where the total project cost exceeds 

18 $100,000,000, until a separate independent cost estimate 

19 has been developed for the project for that critical deci20 sion. 

21 SEC. 311. None of the funds made available in this 

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

23 grant award, discretionary contract award, or Other 

24 Transaction Agreement, or to issue a letter of intent, to25 taling in excess of $1,000,000, or to announce publicly the 


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1 intention to make such an allocation, award, or Agree2 ment, or to issue such a letter, including a contract cov3 ered by the Federal Acquisition Regulation, unless the 

4 Secretary of Energy notifies the Committees on Appro5 priations of the Senate and the House of Representatives 

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

7 an allocation, award, or Agreement, or issuing such a let8 ter: Provided, That if the Secretary of Energy determines 

9 that compliance with this section would pose a substantial 

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

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

12 without advance notification, and the Secretary shall no13 tify the Committees on Appropriations of the Senate and 

14 the House of Representatives not later than 5 full business 

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

16 or Agreement is made or letter issued. 

17 SEC. 312. None of the funds made available by this 

18 title may be used to make a final or conditional loan guar19 antee award unless the Secretary of Energy provides noti20 fication of the award, including the proposed subsidy cost, 

21 to the Committees on Appropriations of the Senate and 

22 the House of Representatives at least three full business 

23 days in advance of such award. 

24 SEC. 313. None of the funds included in this title 

25 for the Department of Energy shall be made available to 


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1 initiate, administer, promulgate, or enforce any ‘‘signifi2 cant regulatory action’’ as defined by Executive Order 

3 12866 unless the Committee on Appropriations has been 

4 notified not later than 30 days before the issuance of such 

5 action. 

6 TITLE IV—INDEPENDENT AGENCIES 

7 APPALACHIAN REGIONAL COMMISSION

8 For expenses necessary to carry out the programs au9 thorized by the Appalachian Regional Development Act of 

10 1965, for necessary expenses for the Federal Co-Chairman 

11 and the Alternate on the Appalachian Regional Commis12 sion, for payment of the Federal share of the administra13 tive expenses of the Commission, including services as au14 thorized by 5 U.S.C. 3109, and hire of passenger motor 

15 vehicles, $68,400,000, to remain available until expended. 

16 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

17 SALARIES AND EXPENSES

18 For necessary expenses of the Defense Nuclear Fa19 cilities Safety Board in carrying out activities authorized 

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

21 Law 100–456, section 1441, $29,130,000, to remain 

22 available until expended. 


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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

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

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

7 382N of said Act, $11,700,000, to remain available until 

8 expended. 

9 DENALI COMMISSION

10 For expenses of the Denali Commission including the 

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

13 $10,700,000, to remain available until expended, notwith14 standing the limitations contained in section 306(g) of the 

15 Denali Commission Act of 1998 (title III of division C of 

16 Public Law 105-277): Provided, That funds shall be avail17 able for construction projects in an amount not to exceed 

18 80 percent of total project cost for distressed communities, 

19 as defined in the subsection (c) added to section 307 of 

20 such Act by section 701 of Title VII of the provisions of 

21 H.R. 3424 (106th Congress) enacted into law in section 

22 1000(a)(4) of Public Law 106–113 (113 STAT. 1501A23 280), and an amount not to exceed 50 percent for non24 distressed communities. 


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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, $1,350,000, 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 Nuclear Regulatory 

17 Commission in carrying out the purposes of the Energy 

18 Reorganization Act of 1974 and the Atomic Energy Act 

19 of 1954, including official representation expenses (not to 

20 exceed $25,000), $1,027,240,000, to remain available 

21 until expended: Provided, That of the amount appro22 priated herein, not more than $7,500,000 may be made 

23 available for salaries and other support costs for the Office 

24 of the Commission: Provided, That of the amount appro25 priated herein, $10,000,000 shall be used to continue the 


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1 Yucca Mountain license application, to be derived from the 

2 Nuclear Waste Fund: Provided further, That revenues 

3 from licensing fees, inspection services, and other services 

4 and collections estimated at $890,713,000 in fiscal year 

5 2012 shall be retained and used for necessary salaries and 

6 expenses in this account, notwithstanding 31 U.S.C. 3302, 

7 and shall remain available until expended: Provided fur8 ther, That the sum herein appropriated shall be reduced 

9 by the amount of revenues received during fiscal year 

10 2012 so as to result in a final fiscal year 2012 appropria11 tion estimated at not more than $136,527,000: Provided 

12 further, That of the amounts appropriated under this 

13 heading, $10,000,000 shall be for university research and 

14 development in areas relevant to their respective organiza15 tion’s mission, and $5,000,000 shall be for a Nuclear 

16 Science and Engineering Grant Program that will support 

17 multiyear projects that do not align with programmatic 

18 missions but are critical to maintaining the discipline of 

19 nuclear science and engineering. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, $10,860,000, to remain available 

24 until expended: Provided, That revenues from licensing 

25 fees, inspection services, and other services and collections 


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1 estimated at $9,774,000 in fiscal year 2012 shall be re2 tained and be available until expended, for necessary sala3 ries and expenses in this account, notwithstanding section 

4 3302 of title 31, United States Code: Provided further, 

5 That the sum herein appropriated shall be reduced by the 

6 amount of revenues received during fiscal year 2012 so 

7 as to result in a final fiscal year 2012 appropriation esti8 mated at not more than $1,086,000. 

9 NUCLEAR WASTE TECHNICAL REVIEW BOARD

10 SALARIES AND EXPENSES

11 For necessary expenses of the Nuclear Waste Tech12 nical Review Board, as authorized by section 5051 of Pub13 lic Law 100–203, $3,400,000 to be derived from the Nu14 clear Waste Fund, and to remain available until expended. 

15 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

16 NATURAL GAS TRANSPORTATION PROJECTS

17 For necessary expenses for the Office of the Federal 

18 Coordinator for Alaska Natural Gas Transportation 

19 Projects pursuant to the Alaska Natural Gas Pipeline Act 

20 of 2004, $4,032,000: Provided, That any fees, charges, or 

21 commissions received pursuant to section 802 of Public 

22 Law 110–140 in fiscal year 2012 in excess of $4,683,000 

23 shall not be available for obligation until appropriated in 

24 a subsequent Act of Congress. 


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1 GENERAL PROVISION, INDEPENDENT 

2 AGENCIES 

3 SEC. 401. (a) None of the funds provided in this title 

4 for ‘‘Nuclear Regulatory Commission—Salaries and Ex5 penses’’ shall be available for obligation or expenditure 

6 through a 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; or 

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

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

15 (b) The Chairman of the Nuclear Regulatory Com16 mission may not terminate any project, program, or activ17 ity without the approval of a majority vote of the Commis18 sioners of the Nuclear Regulatory Commission approving 

19 such action. 

20 (c) The Nuclear Regulatory Commission may waive 

21 the restriction on reprogramming under subsection (a) on 

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

23 Appropriations of the House of Representatives and the 

24 Senate that such action is required to address national 

25 security or imminent risks to public safety. Each such 


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1 waiver certification shall include a letter from the Chair2 man of the Commission that a majority of Commissioners 

3 of the Nuclear Regulatory Commission have voted and ap4 proved the reprogramming waiver certification. 

5 (d) Except as provided in this section, the amounts 

6 made available for ‘‘Nuclear Regulatory Commission— 

7 Salaries and Expenses’’ shall be expended as authorized 

8 by law for the projects and activities specified in the text 

9 and table under that heading in the report of the Com10 mittee on Appropriations of the House of Representatives 

11 to accompany this Act. 

12 TITLE V—EMERGENCY SUPPLEMENTAL 

13 FUNDING FOR DISASTER RELIEF 

14 (INCLUDING RESCISSION AND TRANSFERS OF FUNDS)

15 SEC. 501. (a) Effective on the date of enactment of 

16 this Act, the unobligated balance of funds in excess of 

17 $1,028,684,400 made available for ‘‘Department of 

18 Transportation—Federal Railroad Administration—Cap19 ital Assistance for High Speed Rail Corridors and Inter20 city Passenger Rail Service’’ by title XII of Public Law 

21 111–5 is hereby rescinded, and the remaining amount is 

22 hereby transferred to and merged with the following ac23 counts of the Corps of Engineers—Civil in the following 

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1 pended, for emergency expenses for repair of damage 

2 caused by the storm and flood events occurring in 2011: 

3 (1) ‘‘Construction’’, $376,000. 

4 (2) ‘‘Mississippi River and Tributaries’’, 

5 $589,505,000. 

6 (3) ‘‘Operation and Maintenance’’, 

7 $204,927,000. 

8 (4) ‘‘Flood Control and Coastal Emergencies’’, 

9 $233,876,400. 

10 (b) With respect to each amount transferred in sub11 section (a), the Chief of Engineers, acting through the As12 sistant Secretary of the Army for Civil Works, shall pro13 vide, at a minimum, a weekly report to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate detailing the allocation and obligation of such 

16 amount, beginning not later than one week after the date 

17 of the enactment of this Act. 

18 (c) Each amount transferred in subsection (a) is des19 ignated as an emergency pursuant to section 3(c)(1) of 

20 H. Res. 5 (112th Congress). 

21 TITLE VI—GENERAL PROVISIONS 

22 SEC. 601. None of the funds appropriated by this Act 

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

24 congressional action on any legislation or appropriation 

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1 nicate to Members of Congress as described in 18 U.S.C. 

2 1913. 

3 SEC. 602. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except 

6 pursuant to a transfer made by, or transfer authority pro7 vided, in this Act or any other appropriation Act. 

8 SEC. 603. None of the funds appropriated or other9 wise made available by this Act may be obligated by any 

10 covered executive agency in contravention of the certifi11 cation requirement of section 6(b) of the Iran Sanctions 

12 Act of 1996, as included in the revisions to the Federal 

13 Acquisition Regulation pursuant to such section. 

14 SEC. 604. None of the funds made available in this 

15 Act may be used to conduct closure of adjudicatory func16 tions, technical review, or support activities associated 

17 with the Yucca Mountain geologic repository license appli18 cation until the Nuclear Regulatory Commission reverses 

19 ASLB decision LBP-10-11, or for actions that irrevocably 

20 remove the possibility that Yucca Mountain may be a re21 pository option in the future. 

22 SEC. 605. None of the funds made available under 

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

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

25 E-Verify Program established under section 403(a) of the 


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1 Illegal Immigration Reform and Immigrant Responsibility 

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

3 SEC. 606. 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 was convicted (or had an officer or agent 

8 of such corporation acting on behalf of the corporation 

9 convicted) of a felony criminal violation under any Federal 

10 law within the preceding 24 months. 

11 SEC. 607. None of the funds made available by this 

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

13 of understanding, or cooperative agreement with, make a 

14 grant to, or provide a loan or loan guarantee to, any cor15 poration that any unpaid Federal tax liability that has 

16 been assessed, for which all judicial and administrative 

17 remedies have been exhausted or have lapsed, and that 

18 is not being paid in a timely manner pursuant to an agree19 ment with the authority responsible for collecting the tax 

20 liability. 

21 SPENDING REDUCTION ACCOUNT

22 SEC. 608. The amount by which the applicable alloca23 tion of new budget authority made by the Committee on 

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1 tion 302(b) of the Congressional Budget Act of 1974 ex2 ceeds the amount of proposed new budget authority is $0. 

3 This Act may be cited as the ‘‘Energy and Water De4 velopment and Related Agencies Appropriations Act, 

5 2012’’. 


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Union Calendar No. 68 

112TH CONGRESS 

1ST SESSION H. R. 2354 

[Report No. 112–118] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2012, and for other pur- opment and related agencies for the fiscal year 

JUNE 24, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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