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‘‘Title III—Department of Energy’’ in the report of the 
Committee on Appropriations accompanying this Act. 
(e) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and 
the Department shall notify the Committees on Appropria-
tions of the House of Representatives and the Senate at 
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. 
(f) 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. 
(g)(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 
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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 the House of Representatives 
and the Senate of any waiver under paragraph (1) as soon 
as practicable, but not later than 3 days after the date 
of the activity to which a requirement or restriction would 
otherwise have applied. Such notice shall include an expla-
nation 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for the same time period as originally enacted.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 2014 until the enactment of the Intelligence 
Authorization Act for fiscal year 2014. 
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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. 
SEC. 305. None of the funds made available in this 
title may be used to approve critical decision-2 or critical 
decision-3 under Department of Energy Order 413.3B, or 
any successive departmental guidance, for construction 
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. Section 20320 of the Continuing Appro-
priations Resolution, 2007, Public Law 109–289, division 
B, as amended by the Revised Continuing Appropriations 
Resolution, 2007, Public Law 110–5, is amended by strik-
ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’ 
and inserting in lieu thereof ‘‘a review every three years’’. 
SEC. 307. None of the funds made available by this 
or any subsequent Act for fiscal year 2014 or any fiscal 
year hereafter may be used to pay the salaries of Depart-
ment of Energy employees to carry out the amendments 
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made by section 407 of division A of the American Recov-
ery and Reinvestment Act of 2009. 
SEC. 308. Notwithstanding section 307 of Public Law 
111–85, of the funds made available by the Department 
of Energy for activities at Government-owned, contractor- 
operated laboratories funded in this or any subsequent 
Energy and Water Development appropriation Act for any 
fiscal year, the Secretary may authorize a specific amount, 
not to exceed 4.5 percent of such funds, to be used by 
such laboratories for laboratory directed research and de-
velopment. 
SEC. 309. Notwithstanding section 301(c) of this Act, 
none of the funds made available under the heading ‘‘De-
partment of Energy—Energy Programs—Science’’ may 
be used for a multiyear contract, grant, cooperative agree-
ment, or Other Transaction Agreement of $1,500,000 or 
less unless the contract, grant, cooperative agreement, or 
Other Transaction Agreement is funded for the full period 
of performance as anticipated at the time of award. 
SEC. 310. Not later than June 30, 2014, the Sec-
retary shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a tritium 
and enriched uranium management plan that provides— 
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(1) an assessment of the national security de-
mand for tritium and low and highly enriched ura-
nium through 2060; 
(2) a description of the Department of Energy’s 
plan to provide adequate amounts of tritium and en-
riched uranium for national security purposes 
through 2060; and 
(3) an analysis of planned and alternative tech-
nologies which are available to meet the supply 
needs for tritium and enriched uranium for national 
security purposes, including weapons dismantlement 
and down-blending. 
SEC. 311. The Secretary of Energy shall submit to 
the congressional defense committees (as defined in 10 
U.S.C. 101(a)(16)) not later than December 1, 2013, a 
report that provides an analysis of alternatives for each 
major warhead refurbishment program that reaches Phase 
6.3, including— 
(1) a summary of the overall cost, scope, and 
schedule planning assumptions for the major refur-
bishment activity; 
(2) a full description of alternatives considered 
prior to the award of Phase 6.3; 
(3) a comparison of the costs and benefits of 
each of those alternatives, to include an analysis of 
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