HR 1 PP 
(2) ‘‘Research, Development, Test and Evalua-
tion, Navy’’, $87,500,000. 
(3) ‘‘Research, Development, Test and Evalua-
tion, Air Force’’, $87,500,000. 
(4) ‘‘Research, Development, Test and Evalua-
tion, Defense-Wide’’, $87,500,000 
TITLE V—ENERGY AND WATER 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
For
an
additional
amount
for
‘‘Construction’’, 
$2,000,000,000: Provided, That section 102 of Public 
Law 109–103 (33 U.S.C. 2221) shall not apply to funds 
provided in this paragraph: Provided further, That not-
withstanding any other provision of law, funds provided 
in this paragraph shall not be cost shared with the Inland 
Waterways Trust Fund as authorized in Public Law 99– 
662: Provided further, That funds provided in this para-
graph may only be used for programs, projects or activities 
previously funded: Provided further, That the Corps of En-
gineers is directed to prioritize funding for activities based 
on the ability to accelerate existing contracts or fully fund 
project elements and contracts for such elements in a time 
period of 2 years after the date of enactment of this Act 
giving preference to projects and activities that are labor 
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intensive: Provided further, That funds provided in this 
paragraph shall be used for elements of projects, programs 
or activities that can be completed using funds provided 
herein: Provided further, That funds appropriated in this 
paragraph may be used by the Secretary of the Army, act-
ing through the Chief of Engineers, to undertake work au-
thorized to be carried out in accordance with one or more 
of section 14 of the Flood Control Act of 1946 (33 U.S.C. 
701r), section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s), section 206 of the Water Resources Devel-
opment Act of 1996 (33 U.S.C. 2330), and section 1135 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a), notwithstanding the program cost limita-
tions set forth in those sections: Provided further, That 
the limitation concerning total project costs in section 902 
of the Water Resources Development Act of 1986, as 
amended (33 U.S.C. 2280), shall not apply during fiscal 
year 2009 to any project that received funds provided in 
this title: Provided further, That for projects that are 
being completed with funds appropriated in this Act that 
are otherwise expired or lapsed for obligation, expired or 
lapsed funds appropriated in this Act may be used to pay 
the cost of associated supervision, inspection, overhead, 
engineering and design on those projects and on subse-
quent claims, if any: Provided further, That the Secretary 
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of the Army shall submit a quarterly report to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate detailing the allocation, obligation and ex-
penditures of these funds, beginning not later than 45 
days after enactment of this Act. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and 
Tributaries’’, $250,000,000: Provided, That funds pro-
vided in this paragraph may only be used for programs, 
projects, or activities previously funded: Provided further, 
That the Corps of Engineers is directed to prioritize fund-
ing for activities based on the ability to accelerate existing 
contracts or fully fund project elements and contracts for 
such elements in a time period of 2 years after the date 
of enactment of this Act giving preference to projects and 
activities that are labor intensive: Provided further, That 
funds provided in this paragraph shall be used for ele-
ments of projects, programs, or activities that can be com-
pleted using funds provided herein: Provided further, That 
for projects that are being completed with funds appro-
priated in this Act that are otherwise expired or lapsed 
for obligation, expired or lapsed funds appropriated in this 
Act may be used to pay the cost of associated supervision, 
inspection, overhead, engineering and design on those 
projects and on subsequent claims, if any: Provided fur-
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ther, That the Secretary of the Army shall submit a quar-
terly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the al-
location, obligation and expenditures of these funds, begin-
ning not later than 45 days after enactment of this Act. 
OPERATION AND MAINTENANCE 
For an additional amount for ‘‘Operation and Main-
tenance’’, $2,225,000,000: Provided, That the Corps of 
Engineers is directed to prioritize funding for activities 
based on the ability to accelerate existing contracts or fully 
fund project elements and contracts for such elements in 
a time period of 2 years after the date of enactment of 
this Act giving preference to projects and activities that 
are labor intensive: Provided further, That funds provided 
in this paragraph shall be used for elements of projects, 
programs, or activities that can be completed using funds 
provided herein: Provided further, That for projects that 
are being completed with funds appropriated in this Act 
that are otherwise expired or lapsed for obligation, expired 
or lapsed funds appropriated in this Act may be used to 
pay the cost of associated supervision, inspection, over-
head, engineering and design on those projects and on 
subsequent claims, if any: Provided further, That the Sec-
retary of the Army shall submit a quarterly report to the 
Committees on Appropriations of the House of Represent-
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atives and the Senate detailing the allocation, obligation 
and expenditures of these funds, beginning not later than 
45 days after enactment of this Act. 
REGULATORY PROGRAM 
For an additional amount for ‘‘Regulatory Program’’, 
$25,000,000. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
For an additional amount for ‘‘Water and Related 
Resources’’, $500,000,000: Provided, That of the amount 
appropriated
under
this
heading,
not
less
than 
$126,000,000 shall be used for water reclamation and 
reuse projects authorized under title XVI of Public Law 
102–575: Provided further, That of the amount appro-
priated under this heading, not less than $80,000,000 
shall be used for rural water projects and these funds shall 
be expended primarily on water intake and treatment fa-
cilities of such projects: Provided further, That the costs 
of reimbursable activities, other than for maintenance and 
rehabilitation, carried out with funds made available under 
this heading shall be repaid pursuant to existing authori-
ties and agreements: Provided further, That the costs of 
maintenance and rehabilitation activities carried out with 
funds provided in this Act shall be repaid pursuant to ex-
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isting authority, except the length of repayment period 
shall be determined on needs-based criteria to be estab-
lished and adopted by the Commissioner of the Bureau 
of Reclamation, but in no case shall the repayment period 
exceed 25 years. 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For an additional amount for ‘‘Energy Efficiency and 
Renewable Energy’’, $18,500,000,000, which shall be used 
as follows: 
(1) $2,000,000,000 shall be for expenses nec-
essary for energy efficiency and renewable energy re-
search, development, demonstration and deployment 
activities, to accelerate the development of tech-
nologies, to include advanced batteries, of which not 
less
than
$800,000,000
is
for
biomass
and 
$400,000,000 is for geothermal technologies. 
(2) $500,000,000 shall be for expenses nec-
essary to implement the programs authorized under 
part E of title III of the Energy Policy and Con-
servation Act (42 U.S.C. 6341 et seq.). 
(3) $1,000,000,000 shall be for the cost of 
grants to institutional entities for energy sustain-
ability and efficiency under section 399A of the En-
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HR 1 PP 
section 721 of the Energy Policy Act of 2005 (42 
U.S.C. 16071). 
(10) $1,000,000,000 shall be for expenses nec-
essary for the manufacturing of advanced batteries 
authorized under section 136(b)(1)(B) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17013(b)(1)(B)): 
Provided, That notwithstanding section 3304 of title 5, 
United States Code, and without regard to the provisions 
of sections 3309 through 3318 of such title 5, the Sec-
retary of Energy may, upon a determination that there 
is a severe shortage of candidates or a critical hiring need 
for particular positions, recruit and directly appoint highly 
qualified individuals into the competitive service: Provided 
further, That such authority shall not apply to positions 
in the Excepted Service or the Senior Executive Service: 
Provided further, That any action authorized herein shall 
be consistent with the merit principles of section 2301 of 
such title 5, and the Department shall comply with the 
public notice requirements of section 3327 of such title 
5. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For an additional amount for ‘‘Electricity Delivery 
and Energy Reliability,’’ $4,500,000,000: Provided, That 
funds shall be available for expenses necessary for elec-
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HR 1 PP 
tricity delivery and energy reliability activities to mod-
ernize the electric grid, enhance security and reliability of 
the energy infrastructure, energy storage research, devel-
opment, demonstration and deployment, and facilitate re-
covery from disruptions to the energy supply, and for im-
plementation of programs authorized under title XIII of 
the Energy Independence and Security Act of 2007 (42 
U.S.C. 17381 et seq.): Provided further, That of such 
amounts, $100,000,000 shall be for worker training: Pro-
vided further, That the Secretary of Energy may use or 
transfer amounts provided under this heading to carry out 
new authority for transmission improvements, if such au-
thority is enacted in any subsequent Act, consistent with 
existing fiscal management practices and procedures. 
ADVANCED BATTERY LOAN GUARANTEE PROGRAM 
For the cost of guaranteed loans as authorized by 
section 135 of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17012), $1,000,000,000, to remain 
available until expended: Provided, That of such amount, 
$10,000,000 shall be used for administrative expenses in 
carrying out the guaranteed loan program, and shall be 
in lieu of the amount set aside under section 1106 of this 
Act: Provided further, That the cost of such loans, includ-
ing the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
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100 
HR 1 PP 
INSTITUTIONAL LOAN GUARANTEE PROGRAM 
For the cost of guaranteed loans as authorized by 
section 399A of the Energy Policy and Conservation Act 
(42 U.S.C. 6371h–1), $500,000,000: Provided, That of 
such amount, $10,000,000 shall be used for administra-
tive expenses in carrying out the guaranteed loan pro-
gram, and shall be in lieu of the amount set aside under 
section 1106 of this Act: Provided further, That the cost 
of such loans, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional 
Budget Act of 1974. 
INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM 
For an additional amount for ‘‘Innovative Technology 
Loan Guarantee Program’’ for the cost of guaranteed 
loans authorized by section 1705 of the Energy Policy Act 
of 2005, $8,000,000,000: Provided, That of such amount, 
$25,000,000 shall be used for administrative expenses in 
carrying out the guaranteed loan program, and shall be 
in lieu of the amount set aside under section 1106 of this 
Act: Provided further, That the cost of such loans, includ-
ing the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
FOSSIL ENERGY 
For an additional amount for ‘‘Fossil Energy’’, 
$2,400,000,000 for necessary expenses to demonstrate 
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101 
HR 1 PP 
carbon capture and sequestration technologies as author-
ized under section 702 of the Energy Independence and 
Security Act of 2007. 
SCIENCE 
For
an
additional
amount
for
‘‘Science’’, 
$2,000,000,000: Provided, That of such amounts, not less 
than $400,000,000 shall be used for the Advanced Re-
search Projects Agency—Energy authorized under section 
5012 of the America COMPETES Act (42 U.S.C. 16538): 
Provided further, That of such amounts, not less than 
$100,000,000 shall be used for advanced scientific com-
puting. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For an additional amount for ‘‘Defense Environ-
mental Cleanup,’’ $500,000,000: Provided, That such 
amounts shall be used for elements of projects, programs, 
or activities that can be completed using funds provided 
herein. 
GENERAL PROVISIONS, THIS TITLE 
SEC. 5001. WESTERN AREA POWER ADMINISTRATION BOR-
ROWING AUTHORITY. 
The Hoover Power Plant Act of 1984 (Public Law 
98–381) is amended by adding at the end the following: 
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102 
HR 1 PP 
‘‘TITLE III—BORROWING 
AUTHORITY 
‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR-
ROWING AUTHORITY. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1)
ADMINISTRATOR.—The
term
‘Adminis-
trator’ means the Administrator of the Western 
Area Power Administration. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury. 
‘‘(b) AUTHORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, subject to paragraphs (2) through 
(5)— 
‘‘(A) the Western Area Power Administra-
tion may borrow funds from the Treasury; and 
‘‘(B) the Secretary shall, without further 
appropriation and without fiscal year limitation, 
loan to the Western Area Power Administra-
tion, on such terms as may be fixed by the Ad-
ministrator and the Secretary, such sums (not 
to exceed, in the aggregate (including deferred 
interest), $3,250,000,000 in outstanding repay-
able balances at any 1 time) as, in the judg-
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103 
HR 1 PP 
ment of the Administrator, are from time to 
time required for the purpose of— 
‘‘(i)
constructing,
financing,
facili-
tating, or studying construction of new or 
upgraded electric power transmission lines 
and related facilities with at least 1 ter-
minus within the area served by the West-
ern Area Power Administration; and 
‘‘(ii) delivering or facilitating the de-
livery of power generated by renewable en-
ergy resources constructed or reasonably 
expected to be constructed after the date 
of enactment of this section. 
‘‘(2) INTEREST.—The rate of interest to be 
charged in connection with any loan made pursuant 
to this subsection shall be fixed by the Secretary, 
taking into consideration market yields on out-
standing marketable obligations of the United States 
of comparable maturities as of the date of the loan. 
‘‘(3) REFINANCING.—The Western Area Power 
Administration may refinance loans taken pursuant 
to this section within the Treasury. 
‘‘(4) PARTICIPATION.—The Administrator may 
permit other entities to participate in projects fi-
nanced under this section. 
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‘‘(5) CONGRESSIONAL
REVIEW
OF
DISBURSE-
MENT.—Effective upon the date of enactment of this 
section, the Administrator shall have the authority 
to have utilized $1,750,000,000 at any one time. If 
the Administrator seeks to borrow funds above 
$1,750,000,000, the funds will be disbursed unless 
there is enacted, within 90 calendar days of the first 
such request, a joint resolution that rescinds the re-
mainder of the balance of the borrowing authority 
provided in this section. 
‘‘(c) TRANSMISSION LINE AND RELATED FACILITY 
PROJECTS.— 
‘‘(1) IN GENERAL.—For repayment purposes, 
each transmission line and related facility project in 
which the Western Area Power Administration par-
ticipates pursuant to this section shall be treated as 
separate and distinct from— 
‘‘(A) each other such project; and 
‘‘(B) all other Western Area Power Admin-
istration power and transmission facilities. 
‘‘(2) PROCEEDS.—The Western Area Power 
Administration shall apply the proceeds from the use 
of the transmission capacity from an individual 
project under this section to the repayment of the 
principal and interest of the loan from the Treasury 
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HR 1 PP 
attributable to that project, after reserving such 
funds as the Western Area Power Administration 
determines are necessary— 
‘‘(A) to pay for any ancillary services that 
are provided; and 
‘‘(B) to meet the costs of operating and 
maintaining the new project from which the 
revenues are derived. 
‘‘(3) SOURCE OF REVENUE.—Revenue from the 
use of projects under this section shall be the only 
source of revenue for— 
‘‘(A) repayment of the associated loan for 
the project; and 
‘‘(B) payment of expenses for ancillary 
services and operation and maintenance. 
‘‘(4) LIMITATION ON AUTHORITY.—Nothing in 
this section confers on the Administrator any obliga-
tion to provide ancillary services to users of trans-
mission facilities developed under this section. 
‘‘(d) CERTIFICATION.— 
‘‘(1) IN GENERAL.—For each project in which 
the Western Area Power Administration participates 
pursuant to this section, the Administrator shall cer-
tify, prior to committing funds for any such project, 
that— 
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106 
HR 1 PP 
‘‘(A) the project is in the public interest; 
‘‘(B) the project will not adversely impact 
system reliability or operations, or other statu-
tory obligations; and 
‘‘(C) it is reasonable to expect that the 
proceeds from the project shall be adequate to 
make repayment of the loan. 
‘‘(2) FORGIVENESS OF BALANCES.— 
‘‘(A) IN GENERAL.—If, at the end of the 
useful life of a project, there is a remaining bal-
ance owed to the Treasury under this section, 
the balance shall be forgiven. 
‘‘(B) UNCONSTRUCTED PROJECTS.—Funds 
expended to study projects that are considered 
pursuant to this section but that are not con-
structed shall be forgiven. 
‘‘(C) NOTIFICATION.—The Administrator 
shall notify the Secretary of such amounts as 
are to be forgiven under this paragraph. 
‘‘(e) PUBLIC PROCESSES.— 
‘‘(1) POLICIES AND PRACTICES.—Prior to re-
questing any loans under this section, the Adminis-
trator shall use a public process to develop practices 
and policies that implement the authority granted by 
this section. 
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HR 1 PP 
‘‘(2)
REQUESTS
FOR
INTERESTS.—In
the 
course of selecting potential projects to be funded 
under this section, the Administrator shall seek re-
quests for interest from entities interested in identi-
fying potential projects through one or more notices 
published in the Federal Register.’’. 
SEC. 5002. BONNEVILLE POWER ADMINISTRATION. 
For the purposes of providing funds to assist in fi-
nancing the construction, acquisition, and replacement of 
the transmission system of the Bonneville Power Adminis-
tration and to implement the authority of the Adminis-
trator under the Pacific Northwest Electric Power Plan-
ning and Conservation Act (16 U.S.C. 839 et seq.), an 
additional $3,250,000,000 in borrowing authority is made 
available under the Federal Columbia River Transmission 
System Act (16 U.S.C. 838 et seq.), to remain outstanding 
at any time. 
SEC. 5003. APPROPRIATIONS TRANSFER AUTHORITY. 
Not to exceed 20 percent of the amounts made avail-
able in this Act to the Department of Energy for ‘‘Energy 
Efficiency and Renewable Energy’’, ‘‘Electricity Delivery 
and Energy Reliability’’, and ‘‘Advanced Battery Loan 
Guarantee Program’’ may be transferred within and be-
tween such accounts, except that no amount specified 
under any such heading may be increased or decreased 
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HR 1 PP 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL CENTER FOR RESEARCH RESOURCES 
For an additional amount for ‘‘National Center for 
Research Resources’’, $1,500,000,000 for grants or con-
tracts under section 481A of the Public Health Service 
Act to renovate or repair existing non-Federal research fa-
cilities: Provided, That sections 481A(c)(1)(B)(ii), para-
graphs (1), (3), and (4) of section 481A(e), and section 
481B of such Act shall not apply to the use of such funds: 
Provided further, That the references to ‘‘20 years’’ in sub-
sections (c)(1)(B)(i) and (f) of section 481A of such Act 
are deemed to be references to ‘‘10 years’’ for purposes 
of using such funds: Provided further, That the National 
Center for Research Resources may also use such funds 
to provide, under the authority of section 301 and title 
IV of such Act, shared instrumentation and other capital 
research equipment to recipients of grants and contracts 
under section 481A of such Act and other appropriate en-
tities: Provided further, That the Director of the Center 
shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate an annual report 
indicating the number of institutions receiving awards of 
a grant or contract under section 481A of such Act, the 
proposed use of the funding, the average award size, a 
list of grant or contract recipients, and the amount of each 
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