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needed to reimburse the costs of defined benefit pension 
plans for contractor employees, the Secretary may transfer 
not more than 1 percent of an appropriation made avail-
able in this or any subsequent Energy and Water Develop-
ment Appropriations Act to any other appropriation made 
available to the Secretary by such Act for such reimburse-
ment. 
(b) Where the Secretary recovers the costs of defined 
benefit pension plans for contractor employees through 
charges for the indirect costs of research and activities at 
facilities of the Department of Energy, if the indirect costs 
attributable to defined benefit pension plan costs in a fis-
cal year are more than charges in fiscal year 2008, the 
Secretary shall carry out a transfer of funds under this 
section. 
(c) In carrying out a transfer under this section, the 
Secretary shall use each appropriation made available to 
the Department in that fiscal year as a source for the 
transfer, and shall reduce each appropriation by an equal 
percentage, except that appropriations for which the Sec-
retary determines there exists a need for additional funds 
for pension plan costs in that fiscal year, as well as appro-
priations made available for the Power Marketing Admin-
istrations, the loan guarantee program under title XVII 
of the Energy Policy Act of 2005, and the Federal Energy 
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Regulatory Commission, shall not be subject to this re-
quirement. 
(d) Each January, the Secretary shall report to the 
Committees on Appropriations of the House of Represent-
atives and the Senate on the state of defined benefit pen-
sion plan liabilities in the Department for the preceding 
year. 
(e) This transfer authority does not apply to supple-
mental appropriations, and is in addition to any other 
transfer authority provided in this or any other Act. The 
authority provided under this section shall expire on Sep-
tember 30, 2015. 
(f) The Secretary shall notify the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate in writing not less than 30 days in advance of each 
transfer authorized by this section. 
SEC. 308. 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. 309. Plant or construction projects for which 
amounts are made available under this and subsequent ap-
propriation Acts with an estimated cost of less than 
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$10,000,000 are considered for purposes of section 4703 
of the Atomic Energy Defense Act (50 U.S.C. 2743) as 
a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for 
purposes of section 4704(d) of such Act (50 U.S.C. 
2744(d)) as a construction project with an estimated cost 
of less than a minor construction threshold. 
SEC. 310. 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. 311. 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 
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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-
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. 
SEC. 312. None of the funds made available by this 
title may be used to make a final or conditional loan guar-
antee award unless the Secretary of Energy provides noti-
fication of the award, including the proposed subsidy cost, 
to the Committees on Appropriations of the Senate and 
the House of Representatives at least three full business 
days in advance of such award. 
SEC. 313. None of the funds included in this title 
for the Department of Energy shall be made available to 
initiate, administer, promulgate, or enforce any ‘‘signifi-
cant regulatory action’’ as defined by Executive Order No. 
12866 unless the Committee on Appropriations has been 
notified not later than 30 days before the issuance of such 
action. 
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TITLE IV—INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, for necessary expenses for the Federal Co-Chairman 
and the Alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $68,400,000, to remain available until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by the Atomic Energy Act of 1954, as amended by Public 
Law 100–456, section 1441, $29,130,000, to remain 
available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), 382M, and 
382N of said Act, $11,700,000, to remain available until 
expended. 
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DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction, and acquisition of plant and cap-
ital equipment as necessary and other expenses, 
$10,700,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998 (title III of division C of 
Public Law 105–277): Provided, That funds shall be avail-
able for construction projects in an amount not to exceed 
80 percent of total project cost for distressed communities, 
as defined in the subsection (c) added to section 307 of 
such Act by section 701 of title VII of the provisions of 
H.R. 3424 (106th Congress) enacted into law in section 
1000(a)(4) of Public Law 106–113 (113 Stat. 1501A– 
280), and an amount not to exceed 50 percent for non- 
distressed communities. 
NORTHERN BORDER REGIONAL COMMISSION 
For necessary expenses of the Northern Border Re-
gional Commission in carrying out activities authorized by 
subtitle V of title 40, United States Code, $1,350,000, to 
remain available until expended: Provided, That such 
amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United 
States Code. 
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SOUTHEAST CRESCENT REGIONAL COMMISSION 
For necessary expenses of the Southeast Crescent Re-
gional Commission in carrying out activities authorized by 
subtitle V of title 40, United States Code, $250,000, to 
remain available until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Regulatory 
Commission in carrying out the purposes of the Energy 
Reorganization Act of 1974 and the Atomic Energy Act 
of 1954, including official representation expenses (not to 
exceed 
$25,000), 
$1,027,240,000 
(increased 
by 
$10,000,000), to remain available until expended: Pro-
vided, That of the amount appropriated herein, not more 
than $7,500,000 may be made available for salaries and 
other support costs for the Office of the Commission: Pro-
vided, 
That 
of 
the 
amount 
appropriated 
herein, 
$10,000,000 (increased by $10,000,000) shall be used to 
continue the Yucca Mountain license application, to be de-
rived from the Nuclear Waste Fund: Provided further, 
That revenues from licensing fees, inspection services, and 
other services and collections estimated at $890,713,000 
in fiscal year 2012 shall be retained and used for nec-
essary salaries and expenses in this account, notwith-
standing 31 U.S.C. 3302, and shall remain available until 
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expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues re-
ceived during fiscal year 2012 so as to result in a final 
fiscal year 2012 appropriation estimated at not more than 
$136,527,000: Provided further, That of the amounts ap-
propriated under this heading, $10,000,000 shall be for 
university research and development in areas relevant to 
their respective organization’s mission, and $5,000,000 
shall be for a Nuclear Science and Engineering Grant Pro-
gram that will support multiyear projects that do not align 
with programmatic missions but are critical to maintain-
ing the discipline of nuclear science and engineering. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $10,860,000, to remain available 
until expended: Provided, That revenues from licensing 
fees, inspection services, and other services and collections 
estimated at $9,774,000 in fiscal year 2012 shall be re-
tained and be available until expended, for necessary sala-
ries and expenses in this account, notwithstanding section 
3302 of title 31, United States Code: Provided further, 
That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2012 so 
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as to result in a final fiscal year 2012 appropriation esti-
mated at not more than $1,086,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by section 5051 of Pub-
lic Law 100–203, $3,400,000 to be derived from the Nu-
clear Waste Fund, and to remain available until expended. 
OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA 
NATURAL GAS TRANSPORTATION PROJECTS 
For necessary expenses for the Office of the Federal 
Coordinator for Alaska Natural Gas Transportation 
Projects pursuant to the Alaska Natural Gas Pipeline Act 
of 2004, $4,032,000: Provided, That any fees, charges, or 
commissions received pursuant to section 802 of Public 
Law 110–140 in fiscal year 2012 in excess of $4,683,000 
shall not be available for obligation until appropriated in 
a subsequent Act of Congress. 
GENERAL PROVISION, INDEPENDENT 
AGENCIES 
SEC. 401. (a) None of the funds provided in this title 
for ‘‘Nuclear Regulatory Commission—Salaries and Ex-
penses’’ shall be available for obligation or expenditure 
through a reprogramming of funds that— 
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(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds are denied 
or restricted by this Act; or 
(4) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act. 
(b) The Chairman of the Nuclear Regulatory Com-
mission may not terminate any project, program, or activ-
ity without the approval of a majority vote of the Commis-
sioners of the Nuclear Regulatory Commission approving 
such action. 
(c) The Nuclear Regulatory Commission may waive 
the restriction on reprogramming under subsection (a) on 
a case-by-case basis by certifying to the Committees on 
Appropriations of the House of Representatives and the 
Senate that such action is required to address national 
security or imminent risks to public safety. Each such 
waiver certification shall include a letter from the Chair-
man of the Commission that a majority of Commissioners 
of the Nuclear Regulatory Commission have voted and ap-
proved the reprogramming waiver certification. 
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(d) Except as provided in this section, the amounts 
made available for ‘‘Nuclear Regulatory Commission— 
Salaries and Expenses’’ shall be expended as authorized 
by law for the projects and activities specified in the text 
and table under that heading in the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this Act. 
TITLE V—EMERGENCY SUPPLEMENTAL 
FUNDING FOR DISASTER RELIEF 
(INCLUDING RESCISSION AND TRANSFERS OF FUNDS) 
SEC. 501. (a) Effective on the date of enactment of 
this Act, the unobligated balance of funds in excess of 
$1,028,684,400 made available for ‘‘Department of 
Transportation—Federal Railroad Administration—Cap-
ital Assistance for High Speed Rail Corridors and Inter-
city Passenger Rail Service’’ by title XII of Public Law 
111–5 is hereby rescinded, and the remaining amount is 
hereby transferred to and merged with the following ac-
counts of the Corps of Engineers—Civil in the following 
amounts for fiscal year 2011, to remain available until ex-
pended, for emergency expenses for repair of damage 
caused by the storm and flood events occurring in 2011: 
(1) ‘‘Construction’’, $376,000. 
(2) 
‘‘Mississippi 
River 
and 
Tributaries’’, 
$589,505,000. 
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