of its Phase 6.2a design definition and cost study: Pro-
vided further, That of the unobligated balances available 
under this heading, $40,332,000 are hereby rescinded: 
Provided further, That no amounts may be rescinded from 
amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Reso-
lution on the Budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
DEFENSE NUCLEAR NONPROLIFERATION 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
and the purchase of not to exceed one passenger motor 
vehicle for replacement only, $2,086,770,000, to remain 
available until expended: Provided, That of the unobli-
gated balances available under this heading, $30,000,000 
are hereby rescinded; Provided further, That no amounts 
may be rescinded from amounts that were designated by 
the Congress as an emergency requirement pursuant to 
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emcdonald on DSK2BSOYB1PROD with BILLS
the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment, 
facilities, 
and 
facility 
expansion, 
$1,030,600,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
not to exceed $12,000, $420,000,000, to remain available 
until expended. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
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emcdonald on DSK2BSOYB1PROD with BILLS
sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, and the purchase of not to exceed one ambulance 
and one fire truck for replacement only, $4,937,619,000, 
to remain available until expended. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
10 passenger motor vehicles for replacement only, 
$814,000,000, to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for the Kootenai River Native Fish Con-
servation Aquaculture Program, Lolo Creek Permanent 
Weir Facility, and Improving Anadromous Fish produc-
tion on the Warm Springs Reservation, and, in addition, 
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emcdonald on DSK2BSOYB1PROD with BILLS
for official reception and representation expenses in an 
amount not to exceed $3,000. During fiscal year 2012, 
no new direct loan obligations may be made from such 
Fund. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, including transmission wheeling and 
ancillary services pursuant to section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
eastern power area, $8,428,000, to remain available until 
expended: Provided, That notwithstanding 31 U.S.C. 3302 
and section 5 of the Flood Control Act of 1944, up to 
$8,428,000 collected by the Southeastern Power Adminis-
tration from the sale of power and related services shall 
be credited to this account as discretionary offsetting col-
lections, to remain available until expended for the sole 
purpose of funding the annual expenses of the South-
eastern Power Administration: Provided further, That the 
sum herein appropriated for annual expenses shall be re-
duced as collections are received during the fiscal year so 
as to result in a final fiscal year 2012 appropriation esti-
mated at not more than $0: Provided further, That not-
withstanding 31 U.S.C. 3302, up to $100,162,000 col-
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lected by the Southeastern Power Administration pursu-
ant to the Flood Control Act of 1944 to recover purchase 
power and wheeling expenses shall be credited to this ac-
count as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power 
and wheeling expenditures: Provided further, That for pur-
poses of this appropriation, annual expenses means ex-
penditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the South-
western Power Administration, $45,010,000, to remain 
available until expended: Provided, That notwithstanding 
31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), up to $33,118,000 collected 
by the Southwestern Power Administration from the sale 
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emcdonald on DSK2BSOYB1PROD with BILLS
of power and related services shall be credited to this ac-
count as discretionary offsetting collections, to remain 
available until expended, for the sole purpose of funding 
the annual expenses of the Southwestern Power Adminis-
tration: Provided further, That the sum herein appro-
priated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final 
fiscal year 2012 appropriation estimated at not more than 
$11,892,000: Provided further, That, notwithstanding 31 
U.S.C. 3302, up to $40,000,000 collected by the South-
western Power Administration pursuant to the Flood Con-
trol Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting col-
lections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are 
generally recovered in the same year that they are in-
curred (excluding purchase power and wheeling expenses). 
CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
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emcdonald on DSK2BSOYB1PROD with BILLS
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500; $285,900,000, 
to remain available until expended, of which $278,856,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That notwithstanding 31 U.S.C. 
3302, section 5 of the Flood Control Act of 1944 (16 
U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to 
$189,932,000 collected by the Western Area Power Ad-
ministration from the sale of power and related services 
shall be credited to this account as discretionary offsetting 
collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western 
Area Power Administration: Provided further, That the 
sum herein appropriated for annual expenses shall be re-
duced as collections are received during the fiscal year so 
as to result in a final fiscal year 2012 appropriation esti-
mated at not more than $95,968,000, of which 
$88,924,000 is derived from the Reclamation Fund: Pro-
vided further, That of the amount herein appropriated, not 
more than $3,375,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That notwith-
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standing 31 U.S.C. 3302, up to $306,541,000 collected 
by the Western Area Power Administration pursuant to 
the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheel-
ing expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are 
generally recovered in the same year that they are in-
curred (excluding purchase power and wheeling expenses). 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $4,169,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 2 of the Act of June 
18, 1954 (68 Stat. 255) as amended: Provided, That not-
withstanding the provisions of that Act and of 31 U.S.C. 
3302, up to $3,949,000 collected by the Western Area 
Power Administration from the sale of power and related 
services from the Falcon and Amistad Dams shall be cred-
ited to this account as discretionary offsetting collections, 
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emcdonald on DSK2BSOYB1PROD with BILLS
to remain available until expended for the sole purpose 
of funding the annual expenses of the hydroelectric facili-
ties of these Dams and associated Western Area Power 
Administration activities: Provided further, That the sum 
herein appropriated for annual expenses shall be reduced 
as collections are received during the fiscal year so as to 
result in a final fiscal year 2012 appropriation estimated 
at not more than $220,000: Provided further, That for 
purposes of this appropriation, annual expenses means ex-
penditures that are generally recovered in the same year 
that they are incurred. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
the hire of passenger motor vehicles, and official reception 
and representation expenses not to exceed $3,000, 
$304,600,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $304,600,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2012 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
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emcdonald on DSK2BSOYB1PROD with BILLS
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received during fiscal year 2012 so as to result in a 
final fiscal year 2012 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS, DEPARTMENT OF 
ENERGY 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 301. (a) No appropriation, funds, or authority 
made available in this title for the Department of Energy 
shall be used to initiate or resume any program, project, 
or activity or to prepare or initiate Requests For Proposals 
or 
similar 
arrangements 
(including 
Requests 
for 
Quotations, Requests for Information, and Funding Op-
portunity Announcements) for a program, project, or ac-
tivity if the program, project, or activity has not been 
funded by Congress. 
(b)(1) Except as provided in paragraph (2), the De-
partment of Energy may not, with respect to any program, 
project, or activity that uses budget authority made avail-
able in this title under the heading ″Department of En-
ergy—Energy Programs″, enter into a contract, award a 
grant, or enter into a cooperative agreement that obligates 
the Government in excess of the budget authority available 
under such heading for such purpose, or that is properly 
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chargeable to budget authority of a future fiscal year be-
fore such budget authority is available, regardless of 
whether the contract, grant, or cooperative agreement in-
cludes a clause conditioning the Government’s obligation 
on the availability of such budget authority. 
(2) Paragraph (1) shall not apply with respect to 
major capital projects. 
(c) Except as provided in this section, the amounts 
made available by this Act for the Department of Energy 
shall be expended as authorized by law for the projects 
and activities specified in the text and the ‘‘Bill’’ column 
in 
the 
‘‘Comparative 
Statement 
of 
New 
Budget 
(Obligational) Authority for 2011 and Budget Requests 
and Amounts Recommended in the Bill for 2012’’ included 
under the heading ‘‘Title III—Department of Energy’’ in 
the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act. 
(d) None of the funds provided in this title shall be 
available for obligation or expenditure through a re-
programming of funds that— 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
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(3) increases funds or personnel for any pro-
gram, project, or activity for which funds are denied 
or restricted by this Act; 
(4) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act; 
(5) increases funds for any program, project, or 
activity by more than $2,000,000 or 10 percent, 
whichever is less; or 
(6) reduces funds for any program, project, or 
activity by more than $2,000,000 or 10 percent, 
whichever is less. 
(e) The Secretary of Energy and the Administrator 
for Nuclear Security may jointly waive the restrictions 
under subsection (a) and subsection (d) on a case-by-case 
basis by certifying to the Committees on Appropriations 
of the House of Representatives and the Senate that it 
is in the national security interest to do so. 
SEC. 302. None of the funds made available in this 
title may be used— 
(1) to augment the funds made available for ob-
ligation by this Act for severance payments and 
other benefits and community assistance grants 
under section 4604 of the Atomic Energy Defense 
Act (50 U.S.C. 2704) unless the Department of En-
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emcdonald on DSK2BSOYB1PROD with BILLS
ergy submits a reprogramming request to the appro-
priate congressional committees; or 
(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under section 4604; or 
(3) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy. 
SEC. 303. 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. 304. None of the funds in this or any other Act 
for the Administrator of the Bonneville Power Administra-
tion may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bon-
neville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies in ad-
vance that such services are not available from private sec-
tor businesses. 
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SEC. 305. When the Department of Energy makes 
a user facility available to universities or other potential 
users, or seeks input from universities or other potential 
users regarding significant characteristics or equipment in 
a user facility or a proposed user facility, the Department 
shall ensure broad public notice of such availability or 
such need for input to universities and other potential 
users. When the Department of Energy considers the par-
ticipation of a university or other potential user as a for-
mal partner in the establishment or operation of a user 
facility, the Department shall employ full and open com-
petition in selecting such a partner. For purposes of this 
section, the term ‘‘user facility’’ includes, but is not lim-
ited to: (1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 306. 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-
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emcdonald on DSK2BSOYB1PROD with BILLS
ing fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2012. 
SEC. 307. (a) In any fiscal year in which the Sec-
retary of Energy determines that additional funds are 
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 
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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 
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-
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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 
$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 
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emcdonald on DSK2BSOYB1PROD with BILLS
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-
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 
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emcdonald on DSK2BSOYB1PROD with BILLS
initiate, administer, promulgate, or enforce any ‘‘signifi-
cant regulatory action’’ as defined by Executive Order 
12866 unless the Committee on Appropriations has been 
notified not later than 30 days before the issuance of such 
action. 
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. 
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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. 
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. 
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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. 
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, to remain available 
until expended: Provided, That of the amount appro-
priated herein, not more than $7,500,000 may be made 
available for salaries and other support costs for the Office 
of the Commission: Provided, That of the amount appro-
priated herein, $10,000,000 shall be used to continue the 
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Yucca Mountain license application, to be derived 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 necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302, 
and shall remain available until expended: Provided fur-
ther, That the sum herein appropriated shall be reduced 
by the amount of revenues received during fiscal year 
2012 so as to result in a final fiscal year 2012 appropria-
tion estimated at not more than $136,527,000: Provided 
further, That of the amounts appropriated under this 
heading, $10,000,000 shall be for university research and 
development in areas relevant to their respective organiza-
tion’s mission, and $5,000,000 shall be for a Nuclear 
Science and Engineering Grant Program that will support 
multiyear projects that do not align with programmatic 
missions but are critical to maintaining 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 
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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 
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. 
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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 –— 
(1) creates or initiates a new program, project, or ac-
tivity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, 
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 
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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. 
(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-
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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. 
(3) 
‘‘Operation 
and 
Maintenance’’, 
$204,927,000. 
(4) ‘‘Flood Control and Coastal Emergencies’’, 
$233,876,400. 
(b) With respect to each amount transferred in sub-
section (a), the Chief of Engineers, acting through the As-
sistant Secretary of the Army for Civil Works, shall pro-
vide, at a minimum, a weekly report to the Committees 
on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of such 
amount, beginning not later than one week after the date 
of the enactment of this Act. 
(c) Each amount transferred in subsection (a) is des-
ignated as an emergency pursuant to section 3(c)(1) of 
H. Res. 5 (112th Congress). 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to commu-
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nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 602. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided, in this Act or any other appropriation Act. 
SEC. 603. None of the funds appropriated or other-
wise made available by this Act may be obligated by any 
covered executive agency in contravention of the certifi-
cation requirement of section 6(b) of the Iran Sanctions 
Act of 1996, as included in the revisions to the Federal 
Acquisition Regulation pursuant to such section. 
SEC. 604. None of the funds made available in this 
Act may be used to conduct closure of adjudicatory func-
tions, technical review, or support activities associated 
with the Yucca Mountain geologic repository license appli-
cation until the Nuclear Regulatory Commission reverses 
ASLB decision LBP-10-11, or for actions that irrevocably 
remove the possibility that Yucca Mountain may be a re-
pository option in the future. 
SEC. 605. None of the funds made available under 
this Act may be expended for any new hire by any Federal 
agency funded in this Act that is not verified through the 
E-Verify Program established under section 403(a) of the 
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Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note). 
SEC. 606. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted (or had an officer or agent 
of such corporation acting on behalf of the corporation 
convicted) of a felony criminal violation under any Federal 
law within the preceding 24 months. 
SEC. 607. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability. 
SPENDING REDUCTION ACCOUNT 
SEC. 608. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
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tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is $0. 
This Act may be cited as the ‘‘Energy and Water De-
velopment and Related Agencies Appropriations Act, 
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 devel-
opment and related agencies for the fiscal year 
ending September 30, 2012, and for other pur-
poses. 
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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