[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2609 Reported in House (RH)]

                                                  Union Calendar No. 97
113th CONGRESS
  1st Session
                                H. R. 2609

                          [Report No. 113-135]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2014, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 2, 2013

 Mr. Frelinghuysen, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2014, and for other 
                               purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2014, and for other purposes, 
namely:

                   TITLE I--CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration, 
projects and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies, and plans and 
specifications of projects prior to construction, $90,000,000, to 
remain available until expended.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction), 
$1,343,000,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary to cover 
one-half of the costs of construction, replacement, rehabilitation, and 
expansion of inland waterways projects shall be derived from the Inland 
Waterways Trust Fund.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $249,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,682,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land and 
Water Conservation Fund Act of 1965 shall be derived from that account 
for resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; and of which such sums as become available 
from fees collected under section 217 of Public Law 104-303 shall be 
used to cover the cost of operation and maintenance of the dredged 
material disposal facilities for which such fees have been collected: 
Provided, That 1 percent of the total amount of funds provided for each 
of the programs, projects or activities funded under this heading shall 
not be allocated to a field operating activity prior to the beginning 
of the fourth quarter of the fiscal year and shall be available for use 
by the Chief of Engineers to fund such emergency activities as the 
Chief of Engineers determines to be necessary and appropriate, and that 
the Chief of Engineers shall allocate during the fourth quarter any 
remaining funds which have not been used for emergency activities 
proportionally in accordance with the amounts provided for the 
programs, projects, or activities.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $193,000,000, to remain 
available until September 30, 2015.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $104,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$28,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the United States 
Army Engineer Research and Development Center, and the United States 
Army Corps of Engineers Finance Center allocable to the civil works 
program, $182,000,000, to remain available until September 30, 2015, of 
which not to exceed $5,000 may be used for official reception and 
representation purposes and only during the current fiscal year: 
Provided, That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of the 
Office of the Chief of Engineers or the civil works executive direction 
and management activities of the division offices: Provided further, 
That any Flood Control and Coastal Emergencies appropriation may be 
used to fund the supervision and general administration of emergency 
operations, repairs, and other activities in response to any flood, 
hurricane, or other natural disaster.

     office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2015.

                        administrative provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.

             GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

    Sec. 101. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (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;
            (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.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Development Act of 1996, or 
section 204 of the Water Resources Development Act of 1992.
    (c) The Corps of Engineers shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 102.  None of the funds made available in this title may be 
used to award or modify any contract that commits funds beyond the 
amounts appropriated for that program, project, or activity that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming pursuant to section 101.
    Sec. 103.  None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
award any continuing contract that commits additional funding from the 
Inland Waterways Trust Fund unless or until such time that a long-term 
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986 
(Public Law 99-662) is enacted.
    Sec. 104.  Not later than 120 days after the date of the Chief of 
Engineers Report on a water resource matter, the Assistant Secretary of 
the Army (Civil Works) shall submit the report to the appropriate 
authorizing and appropriating committees of the Congress.
    Sec. 105.  During the fiscal year period covered by this Act, the 
Secretary of the Army is authorized to implement measures recommended 
in the efficacy study authorized under section 3061 of the Water 
Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1121) 
or in interim reports, with such modifications or emergency measures as 
the Secretary of the Army determines to be appropriate, to prevent 
aquatic nuisance species from dispersing into the Great Lakes by way of 
any hydrologic connection between the Great Lakes and the Mississippi 
River Basin.
    Sec. 106.  As of the date of enactment of this Act and each fiscal 
year hereafter, the Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, such funds as the Secretary and the Director of the Fish and 
Wildlife Service determine to be necessary to mitigate for fisheries 
lost due to Corps of Engineers projects, except that in no event may 
the amount of funds transferred pursuant to this section during any 
fiscal year exceed the amount identified for such purpose in the report 
accompanying the appropriations for that fiscal year.
    Sec. 107.  None of the funds made available in this Act or any 
other Act making appropriations for Energy and Water Development may be 
used by the Corps of Engineers to develop, adopt, implement, 
administer, or enforce any change to the regulations and guidance in 
effect on October 1, 2012, pertaining to the definition of waters under 
the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.), including the provisions of the rules dated November 13, 
1986, and August 25, 1993, relating to such jurisdiction, and the 
guidance documents dated January 15, 2003, and December 2, 2008, 
relating to such jurisdiction.
    Sec. 108.  Section 3(a)(6) of the Water Resources Development Act 
of 1988 (Public Law 100-676; 102 Stat. 4013) is amended by striking 
``$775,000,000'' each place it appears and inserting 
``$2,918,000,000''.
    Sec. 109. (a) Section 1001(17)(A) of the Water Resources 
Development Act of 2007 (Public Law 110-114; 121 Stat. 1052) is 
amended--
            (1) by striking ``$125,270,000'' and inserting 
        ``$152,510,000'';
            (2) by striking ``$75,140,000'' and inserting 
        ``$92,007,000''; and
            (3) by striking ``$50,130,000'' and inserting 
        ``$60,503,000''.
    (b) The amendments made by subsection (a) shall take effect as of 
November 8, 2007.
    Sec. 110.  The authorization under the heading ``Little Calumet 
River Basin (Cady Marsh Ditch), Indiana'', in section 401(a) of the 
Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 
4115), as modified by section 127 of Public Law 109-103 (119 Stat. 
2259), is further modified to authorize completion of the project at a 
total cost of $269,988,000 with an estimated Federal cost of 
$202,800,000 and an estimated non-Federal cost of $67,188,000.
    Sec. 111.  During fiscal year 2014, the limitation relating to 
total project costs in section 902 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2280) shall not apply with respect to any 
project that receives funds made available by this title.
    Sec. 112.  None of the funds made available in this or any other 
Act making appropriations for Energy and Water Development for any 
fiscal year may be used by the Corps of Engineers to develop, adopt, 
implement, administer, or enforce any change to the regulations in 
effect on October 1, 2012, pertaining to the definitions of the terms 
``fill material'' or ``discharge of fill material'' for the purposes of 
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    Sec. 113.  As of the date of enactment of this Act and thereafter, 
the Secretary of the Army shall not promulgate or enforce any 
regulation that prohibits an individual from possessing a firearm, 
including an assembled or functional firearm, at a water resources 
development project covered under section 327.0 of title 36, Code of 
Federal Regulations (as in effect on the date of enactment of this 
Act), if (1) the individual is not otherwise prohibited by law from 
possessing the firearm; and (2) the possession of the firearm is in 
compliance with the law of the State in which the water resources 
development project is located.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $7,425,000, to remain available until expended, of 
which $1,000,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission. In addition, for necessary 
expenses incurred in carrying out related responsibilities of the 
Secretary of the Interior, $1,300,000, to remain available until 
September 30, 2015.
    For fiscal year 2014, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $812,744,000, to remain available until expended, of which 
$28,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $8,401,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 6806 shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which the funds were 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That of the amounts provided herein, funds may be used for 
high priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $53,288,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575: Provided further, That none of the funds 
made available under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $30,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until September 30, 2015, $60,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed five passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in this title shall be 
available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act;
            (4) restarts or resumes any program, project or activity 
        for which funds are not provided in this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate;
            (5) transfers funds in excess of the following limits:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category; or
            (7) transfers, when necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 203.  Notwithstanding any other provision of law, until the 
pipeline reliability study required in the Consolidated Appropriations 
Act, 2012, is completed, and any necessary changes are made to 
Technical Memorandum No. 8140-CC-2004-1, the Bureau of Reclamation 
shall not deny approval, funding, or assistance to any project, nor 
disqualify any material from use, based, in whole or in part, on the 
corrosion control used, if the corrosion control meets the requirements 
of a published national or international standard promulgated by the 
American Water Works Association (``AWWA''), ASTM International, the 
American National Standards Institute (``ANSI''), NACE International 
(``NACE'') or the American Society for Testing and Materials 
(``ASTM''). The Bureau shall allow any project initiated during the 
study to use any corrosion control meeting the above standards.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

          Renewable Energy, Energy Reliability, and Efficiency

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities, and electricity delivery and energy reliability 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, $982,637,000, to remain 
available until expended: Provided, That of the amount provided under 
this heading, $76,926,000 shall be available until September 30, 2015, 
for program direction.

                             Nuclear Energy

                     (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy 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 more than 10 buses 
and 2 ambulances, all for replacement only, $656,389,000, to remain 
available until expended, of which such sums as may be necessary shall 
be derived from the Nuclear Waste Fund, to be made available only to 
support the high-level waste geological repository at Yucca Mountain: 
Provided, That of the amount provided under this heading, $87,500,000 
shall be available until September 30, 2015, for program direction: 
Provided further, That of the amount provided under this heading, 
$5,000,000 shall be made available to affected units of local 
government, as defined in section 2(31) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10101(31)), to support the Yucca Mountain high-level 
waste geological repository, as authorized by such Act: Provided 
further, That funds derived from the Nuclear Waste Fund may be 
transferred to ``Independent Agencies--Nuclear Regulatory Commission--
Salaries and Expenses'' to support the Yucca Mountain high-level waste 
geological repository license application.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $450,000,000, to remain available 
until expended: Provided, That $115,753,000 shall be available until 
September 30, 2015, for program direction: Provided further, That for 
all programs funded under Fossil Energy appropriations in this Act or 
any other Act, the Secretary may vest fee title or other property 
interests acquired under projects in any entity, including the United 
States.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $14,909,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), 
$189,400,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act (42 U.S.C. 6201 et seq.), $8,000,000, to 
remain available until expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $100,000,000, to remain available until 
expended.

                   Non-defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup 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, $194,000,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, and title X, 
subtitle A, of the Energy Policy Act of 1992, $545,000,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended.

                                Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science 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 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 25 passenger motor vehicles 
for replacement only, including one law enforcement vehicle, one 
ambulance, and one bus, $4,653,000,000, to remain available until 
expended: Provided, That $174,862,000 shall be available until 
September 30, 2015, for program direction.

               Advanced Research Projects Agency--Energy

    For necessary expenses in carrying out the activities authorized by 
section 5012 of the America COMPETES Act (42 U.S.C. 16538), 
$50,000,000, to remain available until expended.

         Title 17 Innovative Technology Loan Guarantee Program

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b)(1)(B) of the Energy Policy Act of 2005 
under this heading in prior Acts, shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974: Provided, That, 
for necessary administrative expenses to carry out this Loan Guarantee 
program, $22,000,000 is appropriated, to remain available until 
September 30, 2015: Provided further, That $22,000,000 of the fees 
collected pursuant to section 1702(h) of the Energy Policy Act of 2005 
(42 U.S.C. 16512(h)) shall be credited as offsetting collections to 
this account to cover administrative expenses and shall remain 
available until expended, so as to result in a final fiscal year 2014 
appropriation from the general fund estimated at not more than $0: 
Provided further, That fees collected under section 1702(h) in excess 
of the amount appropriated for administrative expenses shall not be 
available until appropriated: Provided further, That the Department of 
Energy shall not subordinate any loan obligation to other financing in 
violation of section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
16512) or subordinate any Guaranteed Obligation to any loan or other 
debt obligations in violation of section 609.10 of title 10, Code of 
Federal Regulations.

        Advanced Technology Vehicles Manufacturing Loan Program

    For administrative expenses in carrying out the Advanced Technology 
Vehicles Manufacturing Loan Program, $6,000,000, to remain available 
until September 30, 2015.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $187,863,000, to 
remain available until September 30, 2015, plus such additional amounts 
as necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount: Provided 
further, That moneys received by the Department for miscellaneous 
revenues estimated to total $108,188,000 in fiscal year 2014 may be 
retained and used for operating expenses within this account, as 
authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2014 appropriation 
from the general fund estimated at not more than $79,675,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$42,000,000, to remain available until September 30, 2015.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
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 ambulance, $7,675,000,000, to remain available until 
expended.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital 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, $2,100,000,000, to 
remain available until expended: Provided, That the Secretary of Energy 
may make available from funds provided under this heading in this Act 
not more than $48,000,000 for the purpose of carrying out domestic 
uranium enrichment research, development, and demonstration activities.

                             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.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,109,000,000, 
to remain available until expended: Provided, That $43,212,000 shall be 
available until September 30, 2015, for program direction.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $382,000,000, to 
remain available until September 30, 2015.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
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 sport utility vehicle, three lube trucks, and one 
fire truck for replacement only, $4,750,000,000, to remain available 
until expended: Provided, That $280,784,000 shall be available until 
September 30, 2015, for program direction.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified 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, $830,000,000, to remain available until expended: Provided, 
That of such amount, $122,734,000 shall be available until September 
30, 2015 for program direction.

                     POWER MARKETING ADMINISTRATION

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
construction of, or participating in the construction of, a high 
voltage line from Bonneville's high voltage system to the service areas 
of requirements customers located within Bonneville's service area in 
southern Idaho, southern Montana, and western Wyoming; and such line 
may extend to, and interconnect in, the Pacific Northwest with lines 
between the Pacific Northwest and the Pacific Southwest, and for John 
Day Reprogramming and Construction, the Columbia River Basin White 
Sturgeon Hatchery, and Kelt Reconditioning and Reproductive Success 
Evaluation Research, and, in addition, for official reception and 
representation expenses in an amount not to exceed $5,000: Provided, 
That during fiscal year 2014, no new direct loan obligations may be 
made.

      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 Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, and including official reception and 
representation expenses in an amount not to exceed $1,500, $7,750,000, 
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 
$7,750,000 collected by the Southeastern Power Administration 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 
Southeastern Power Administration: 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 2014 appropriation estimated at not more than $0: Provided 
further, That, notwithstanding 31 U.S.C. 3302, up to $78,081,000 
collected by the Southeastern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and wheeling 
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 expenditures: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures 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 reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $45,456,000, 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 $33,564,000 collected 
by the Southwestern Power Administration 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 Southwestern Power 
Administration: 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 2014 appropriation 
estimated at not more than $11,892,000: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $42,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling 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 
expenditures: Provided further, That, for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    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 conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $299,919,000, to remain 
available until expended, of which $292,019,000 shall be derived from 
the Department of the Interior Reclamation 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 $203,989,000 collected 
by the Western Area Power Administration 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 reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2014 appropriation 
estimated at not more than $95,930,000, of which $88,030,000 is derived 
from the Reclamation Fund: Provided further, That notwithstanding 31 
U.S.C. 3302, up to $230,738,000 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 wheeling 
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 expenditures: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(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, $5,330,671, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255): Provided, That notwithstanding the provisions of that 
Act and of 31 U.S.C. 3302, up to $4,910,671 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams 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 
hydroelectric facilities 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 
2014 appropriation estimated at not more than $420,000: Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they 
are incurred: Provided further, That for fiscal year 2014, the 
Administrator of the Western Area Power Administration may accept up to 
$865,000 in funds contributed by United States power customers of the 
Falcon and Amistad Dams for deposit into the Falcon and Amistad 
Operating and Maintenance Fund, and such funds shall be available for 
the purpose for which contributed in like manner as if said sums had 
been specifically appropriated for such purpose: Provided further, That 
any such funds shall be available without further appropriation and 
without fiscal year limitation for use by the Commissioner of the 
United States Section of the International Boundary and Water 
Commission for the sole purpose of operating, maintaining, repairing, 
rehabilitating, replacing, or upgrading the hydroelectric facilities at 
these Dams in accordance with agreements reached between the 
Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department 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: Provided, That 
notwithstanding any other provision of law, not to exceed $304,600,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2014 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2014 so as to result in a final fiscal year 2014 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

                     (including transfer of funds)

    Sec. 301. (a) No appropriation, funds, or authority made available 
by 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 Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) Unless the Secretary of Energy notifies the Committees on 
Appropriations of the House of Representatives and the Senate at least 
3 full business days in advance, none of the funds made available in 
this title may be used to--
            (A) make a grant allocation or discretionary grant award 
        totaling $1,000,000 or more;
            (B) make a discretionary contract award or Other 
        Transaction Agreement totaling in excess of $1,000,000, 
        including a contract covered by the Federal Acquisition 
        Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or 
        (B); or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).
    (2) The Secretary of Energy shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
first business day of each quarter a report detailing each grant 
allocation or discretionary grant award totaling less than $1,000,000 
provided during the previous quarter.
    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) The Department of Energy may not, with respect to any program, 
project, or activity that uses budget authority made available in this 
title under the heading ``Department of Energy--Energy Programs'', 
enter into a multiyear contract, award a multiyear grant, or enter into 
a multiyear cooperative agreement unless--
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time 
        of award; or
            (2) the contract, grant, or cooperative agreement includes 
        a clause conditioning the Federal Government's obligation on 
        the availability of future year budget authority and the 
        Secretary notifies the Committees on Appropriations of the 
        House of Representatives and the Senate at least 3 days in 
        advance.
    (d) Except as provided in subsections (e), (f), and (g), the 
amounts made available by this title shall be expended as authorized by 
law for the programs, projects, and activities specified in the 
``Bill'' column in the ``Department of Energy'' table or the text 
included under the heading ``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 Appropriations of the House of Representatives and 
the Senate at least 30 days prior to the use of any proposed 
reprogramming 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 reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, 
        or activity;
            (2) increases funds or personnel for any program, 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 requirement 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 Committees 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 
explanation of the substantial risk under paragraph (1) that permitted 
such waiver.
    Sec. 302.  The unexpended balances of prior appropriations provided 
for activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts 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) during fiscal year 2014 until the enactment of the Intelligence 
Authorization Act for fiscal year 2014.
    Sec. 304.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight 
is conducted by the Office 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 decision.
    Sec. 306.  Section 20320 of the Continuing Appropriations 
Resolution, 2007, Public Law 109-289, division B, as amended by the 
Revised Continuing Appropriations Resolution, 2007, Public Law 110-5, 
is amended by striking 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 Department of Energy employees to carry out 
the amendments made by section 407 of division A of the American 
Recovery 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 development.
    Sec. 309.  Notwithstanding section 301(c) of this Act, none of the 
funds made available under the heading ``Department of Energy--Energy 
Programs--Science'' may be used for a multiyear contract, grant, 
cooperative agreement, 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 Secretary shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate a tritium and enriched uranium management plan that 
provides--
     (a) an assessment of the national security demand for tritium and 
low and highly enriched uranium through 2060;
    (b) a description of the Department of Energy's plan to provide 
adequate amounts of tritium and enriched uranium for national security 
purposes through 2060; and
    (c) an analysis of planned and alternative technologies 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. (a) The Secretary of Energy shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate not later than December 1, 2013, a report which 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 refurbishment 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 trade-offs among cost, 
        schedule, and performance objectives against each alternative 
        considered;
            (4) An assessment of the risks, costs, and scheduling needs 
        for each military requirement established by the Department of 
        Defense and/or any requirement established to enhance safety, 
        security, or maintainability;
            (5) Identification of the cost and risk of critical 
        technology elements associated with each refurbishment 
        alternative, including technology maturity, integration risk, 
        manufacturing feasibility, and demonstration needs; and
            (6) Identification of the cost and risk of capital asset 
        and infrastructure capabilities required to support production 
        and certification of each refurbishment alternative.
    (b) The Secretary of Energy or the Secretary's designee shall 
certify to the Committees on Appropriations of the House of 
Representatives and the Senate that--
            (1) No less than three feasible and distinct alternatives 
        are considered prior to the award of milestone Phase 6.3 for 
        any major warhead refurbishment program; and
            (2) Appropriate trade-offs among cost, schedule, and 
        performance objectives have been made to ensure that the 
        program is affordable when considering the per unit cost and 
        the total acquisition cost in the context of the total 
        resources available during the period covered by the most 
        recent stockpile stewardship and management plan and the 
        future-years nuclear security plan submitted during the fiscal 
        year in which the certification is made.
    (c) In this section, the term ``major warhead refurbishment 
program'' includes all nuclear weapons life extension programs, 
alterations, and modifications carried out for the life cycle 
management of the nuclear weapons stockpile, and all non-routine 
nuclear weapons stockpile activities that are estimated to cost over 
$1,000,000,000.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 
14704, and for necessary expenses for the Federal Co-Chairman and the 
Alternate on the Appalachian Regional Commission, for payment of the 
Federal share of the administrative expenses of the Commission, 
including services as authorized by 5 U.S.C. 3109, and hire of 
passenger motor vehicles, $70,317,000, to remain available until 
expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $29,915,000, to 
remain available until September 30, 2015: Provided, That of the amount 
provided under this heading, $850,000 shall be made available to 
procure Inspector General services from the Inspector General of the 
Nuclear Regulatory Commission.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N 
of said Act, $11,319,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $7,396,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998: Provided, That funds shall be 
available for construction projects in an amount not to exceed 80 
percent of total project cost for distressed communities, as defined by 
section 307 of the Denali Commission Act of 1998 (division C, title 
III, Public Law 105-277), as amended by section 701 of appendix D, 
title VII, 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 Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $1,355,000, 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 Regional 
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 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), $1,043,937,000, to remain available until expended: Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2015, 
of which, notwithstanding section 201(a)(2)(c) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and 
expenditure shall only be approved by a majority vote of the 
Commission: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$920,721,000 in fiscal year 2014 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 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2014 so as to result in 
a final fiscal year 2014 appropriation estimated at not more than 
$123,216,000: 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 organization'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, 
$11,105,000, to remain available until September 30, 2015: Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $9,994,000 in fiscal year 2014 
shall be retained and be available until September 30, 2015, for 
necessary salaries 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 2014 so as to result in a final fiscal year 
2014 appropriation estimated at not more than $1,111,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,400,000, to be 
derived from the Nuclear Waste Fund, to remain available until 
September 30, 2015.

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, $1,000,000, to remain available until 
September 30, 2015: Provided, That any fees, charges, or commissions 
received pursuant to section 106(h) of the Alaska Natural Gas Pipeline 
Act (15 U.S.C. 720d(h)) in fiscal year 2014 in excess of $2,402,000 
shall not be available for obligation until appropriated in a 
subsequent Act of Congress.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401.  The Chairman of the Nuclear Regulatory Commission may 
not terminate any program, project, or activity without a majority vote 
of the Commissioners of the Nuclear Regulatory Commission approving 
such action.
    Sec. 402.  The Chairman of the Nuclear Regulatory Commission shall 
notify the Committees on Appropriations of the House of Representatives 
and the Senate not later than 1 day after the Chairman begins 
performing functions under the authority of section 3 of Reorganization 
Plan No. 1 of 1980, or after a member of the Commission who was 
delegated emergency functions under subsection (b) of that section 
begins performing those functions. Such notification shall include an 
explanation of the circumstances warranting the exercise of such 
authority. The Chairman shall report to the Committees, not less 
frequently than once each week, on the actions taken by the Chairman, 
or a delegated member of the Commission, under such authority, until 
the authority is relinquished. The Chairman shall notify the Committees 
not later than 1 day after such authority is relinquished. The Chairman 
shall submit the report required by section 3(d) of the Reorganization 
Plan No. 1 of 1980 to the Committees not later than 1 day after it was 
submitted to the Commission.

                      TITLE V--GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  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 communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 502.  None of the funds made available by this Act may be used 
to eliminate or reduce funding for a program, project, or activity as 
proposed in a President's budget request for a fiscal year until such 
proposed change is subsequently enacted in an appropriations Act, or 
unless such change is made pursuant to the reprogramming and transfer 
provisions of this Act.
    Sec. 503.  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 corporation that was convicted of a felony criminal violation under 
any Federal law within the preceding 24 months, where the awarding 
agency is aware of the conviction, unless the agency has considered 
suspension or debarment of the corporation and has made a determination 
that this further action is not necessary to protect the interests of 
the Government.
    Sec. 504.  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 corporation that has 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 agreement with the authority responsible for 
collecting the tax liability, where the awarding agency is aware of the 
unpaid tax liability, unless the agency has considered suspension or 
debarment of the corporation and has made a determination that this 
further action is not necessary to protect the interests of the 
Government.
    Sec. 505. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriation Act 
for any fiscal year, transfer authority referenced in the report of the 
Committee on Appropriations accompanying this Act, or any authority 
whereby a department, agency, or instrumentality of the United States 
Government may provide goods or services to another department, agency, 
or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriation Act for any fiscal year, transfer authority referenced in 
the report of the Committees on Appropriations accompanying this Act, 
or any authority whereby a department, agency, or instrumentality of 
the United States Government may provide goods or services to another 
department, agency, or instrumentality.
    (c) The head of any relevant department or agency funded in this 
Act utilizing any transfer authority shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
semiannual report detailing the transfer authorities, except for any 
authority whereby a department, agency, or instrumentality of the 
United States Government may provide goods or services to another 
department, agency, or instrumentality, used in the previous 6 months 
and in the year-to-date. This report shall include the amounts 
transferred and the purposes for which they were transferred, and shall 
not replace or modify existing notification requirements for each 
authority.
    Sec. 506.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'').
    Sec. 507.  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 as described in section 
403(a) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note).
    Sec. 508. (a) Of the unobligated balances available from prior year 
appropriations for the following accounts, the following amounts are 
hereby permanently rescinded:
            (1) Under the heading ``Corps of Engineers-Civil--
        Department of the Army'', $200,000,000, to be derived by the 
        Secretary of the Army from funds made available for 
        ``Construction, General'', ``Flood Control, Mississippi River 
        and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, 
        Mississippi, Missouri, and Tennessee'', ``General 
        Investigations'', ``Construction'', ``Investigations'', and 
        ``Mississippi River and Tributaries''.
            (2) ``Department of Energy--Energy Programs--Energy 
        Efficiency and Renewable Energy'', $157,000,000.
            (3) ``Department of Energy--Atomic Energy Defense 
        Activities--National Nuclear Security Administration--Weapons 
        Activities'', $142,000,000.
            (4) ``Department of Energy--Atomic Energy Defense 
        Activities--National Nuclear Security Administration--Defense 
        Nuclear Nonproliferation'', $20,000,000.
    (b) No amounts may be rescinded under this section from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985.
    Sec. 509.  None of the funds made available in this Act may be used 
to conduct closure of adjudicatory functions, technical review, or 
support activities associated with the Yucca Mountain geologic 
repository license application, or for actions that irrevocably remove 
the possibility that Yucca Mountain may be a repository option in the 
future.
    Sec. 510.  The Commissioner of the Bureau of Reclamation and the 
Assistant Secretary of the Army (Civil Works) shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate, at the time that the President's budget proposal for fiscal 
year 2015 is submitted pursuant to section 1105(a) of title 31, United 
States Code, a comprehensive report compiled in conjunction with the 
Government Accountability Office that details updated missions, goals, 
strategies, and priorities, and performance metrics that are 
measurable, repeatable, and directly linked to requests for funding.
    Sec. 511.  It is the sense of the Congress that the Congress should 
not pass any legislation that authorizes spending cuts that would 
increase poverty in the United States.

                       spending reduction account

    Sec. 512.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2014''.
                                                  Union Calendar No. 97

113th CONGRESS

  1st Session

                               H. R. 2609

                          [Report No. 113-135]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2014, and for other 
                               purposes.

_______________________________________________________________________

                              July 2, 2013

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed