least 30 days prior to the use of any proposed reprogram-
ming which would cause any program, project, or activity 
funding level to increase or decrease by more than 
$5,000,000 or 10 percent, whichever is less, during the 
time period covered by this Act. 
(e) None of the funds provided in this title shall be 
available for obligation or expenditure through a re-
programming of funds that— 
(1) creates, initiates, or eliminates a program, 
project, or activity; 
(2) increases funds or personnel for any pro-
gram, project, or activity for which funds are denied 
or restricted by this Act; or 
(3) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act. 
(f)(1) The Secretary of Energy may waive any re-
quirement or restriction in this section that applies to the 
use of funds made available for the Department of Energy 
if compliance with such requirement or restriction would 
pose a substantial risk to human health, the environment, 
welfare, or national security. 
(2) The Secretary of Energy shall notify the Commit-
tees on Appropriations of any waiver under paragraph (1) 
as soon as practicable, but not later than 3 days after the 
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date of the activity to which a requirement or restriction 
would otherwise have applied. Such notice shall include an 
explanation of the substantial risk under paragraph (1) 
that permitted such waiver. 
SEC. 302. The unexpended balances of prior appro-
priations provided for activities in this Act may be avail-
able to the same appropriation accounts for such activities 
established pursuant to this title. Available balances may 
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund 
for the same time period as originally enacted. 
SEC. 303. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) dur-
ing fiscal year 2013 until the enactment of the Intelligence 
Authorization Act for fiscal year 2013. 
SEC. 304. None of the funds made available in this 
title shall be used for the construction of facilities classi-
fied as high-hazard nuclear facilities under 10 CFR Part 
830 unless independent oversight is conducted by the Of-
fice of Health, Safety, and Security to ensure the project 
is in compliance with nuclear safety requirements. 
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SEC. 305. None of the funds made available in this 
title may be used to approve a Critical Decision-2 or Crit-
ical Decision-3 under Department of Energy Order 
413.3B, or any successive departmental guidance, for con-
struction projects where the total project cost exceeds 
$100,000,000, until a separate independent cost estimate 
has been developed for the project for that critical deci-
sion. 
SEC. 306. None of the funds made available in this 
title may be used to make a grant allocation, discretionary 
grant award, discretionary contract award, or Other 
Transaction Agreement, or to issue a letter of intent, to-
taling in excess of $1,000,000, or to announce publicly the 
intention to make such an allocation, award, or Agree-
ment, or to issue such a letter, including a contract cov-
ered by the Federal Acquisition Regulation, unless the 
Secretary of Energy notifies the Committees on Appro-
priations of the Senate and the House of Representatives 
at least 3 full business days in advance of making such 
an allocation, award, or Agreement, or issuing such a let-
ter: Provided, That if the Secretary of Energy determines 
that compliance with this section would pose a substantial 
risk to human life, health, or safety, an allocation, award, 
or Agreement may be made, or a letter may be issued, 
without advance notification, and the Secretary shall no-
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tify the Committees on Appropriations of the Senate and 
the House of Representatives not later than 5 full business 
days after the date on which such an allocation, award, 
or Agreement is made or letter issued: Provided further, 
That the notification shall include the recipient of the 
award, the amount of the award, the fiscal year for which 
the funds for the award were appropriated, and the ac-
count and program from which the funds are being drawn, 
the title of the award, and a brief description of the activ-
ity for which the award is made. 
SEC. 307. None of the funds made available by this 
or any subsequent Act for fiscal year 2013 or any fiscal 
year hereafter may be used to pay the salaries of Depart-
ment of Energy employees to carry out section 407 of divi-
sion A of the American Recovery and Reinvestment Act 
of 2009. 
SEC. 308. Section 20320(c) of division B of Public 
Law 109–289, as added by Public Law 110–5, is amended 
by striking ‘‘an annual review’’ and inserting ‘‘a review 
every 3 years’’. 
SEC. 309. Not later than June 30, 2013, the Sec-
retary shall submit to the House and Senate Committees 
on Appropriations a tritium and enriched uranium man-
agement plan that provides: 
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(a) An assessment of the national security demand 
for tritium through 2060; 
(b) An assessment of the national security demand 
for low and highly enriched uranium through 2060; 
(c) A description of the Department of Energy’s plan 
to provide adequate amounts of tritium for national secu-
rity purposes through 2060, including the derivation of 
adequate supplies of enriched uranium and its use; 
(d) An analysis of planned and alternative tritium 
production technologies, including weapons dismantle-
ment; 
(e) An analysis of planned and alternative enriched 
uranium production technologies, including down-blend-
ing, which are available to meet the supply needs for na-
tional security programs through 2060. 
SEC. 310. None of the funds made available in this 
Act may be used for uranium transactions that do not con-
form to the excess uranium inventory management plan 
submitted pursuant to the Consolidated Appropriations 
Act, 2012. 
SEC. 311. No funds within this Act shall be expended 
to promulgate the final rule pursuant to Section 433 of 
the Energy Independence and Security Act of 2007, Pub. 
L. No. 110 – 140 (Dec. 19, 2007) (codified at 42 U.S.C. 
§ 6834) and no funds shall be used to implement any final 
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