[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 5325 Reported in House (RH)]
Union Calendar No. 323
112th CONGRESS
2d Session
H. R. 5325
[Report No. 112-462]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2013, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2012
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, 2013, 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, 2013, 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, $102,000,000, 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);
$1,477,284,000, 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: Provided, That the limitation concerning total
project costs in section 902 of the Water Resources Development Act of
1986, as amended (33 U.S.C. 2280), shall not apply during fiscal year
2013 to any project that receives funds provided in this title.
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, $224,000,000, 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, $2,507,409,000, 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, $190,000,000, to remain
available until September 30, 2014.
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,
$27,000,000, 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, $177,500,000, to remain available until September 30, 2014, 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 title I
of this Act 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, 2014.
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. Within 120 days of 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 (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. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $4,300,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 107. None of the funds appropriated in this Act shall be
available for use by the Chicago District of the United States Army
Corps of Engineers to fund any travel that is outside of the District's
area of operation unless such travel is directly project-related or is
specifically requested by a Member of Congress.
Sec. 108. Of the funds provided for ``Olmsted Locks and Dam, Ohio
River, IL & KY'' in the table under the heading ``Corps of Engineers-
Civil--Construction'' in the report of the Committee on Appropriations
accompanying this Act, not more than 50 percent may be available for
obligation until--
(1) the Corps of Engineers completes a review of the
project, including method of construction;
(2) the Corps of Engineers develops a plan for the
expeditious completion of project construction;
(3) the findings of the review and the project completion
plan have been communicated to the appropriate committees of
the Congress.
Sec. 109. Amounts made available by this Act for the
``Investigations'', ``Construction'', and ``Operation and Maintenance''
accounts of the Corps of Engineers may not be used as provided under
the heading ``Additional Funding for Ongoing Work'' in the matter
relating to each such account in the report of the Committee on
Appropriations to accompany this Act until the report required under
such heading is submitted.
Sec. 110. None of the funds made available by this Act or any
subsequent Act making appropriations for Energy and Water Development
may be used by the Corps of Engineers to develop, adopt, implement,
administer, or enforce a change or supplement to the rule dated
November 13, 1986, or guidance documents dated January 15, 2003, and
December 2, 2008, pertaining to the definition of waters under the
jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
Sec. 111. 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, $19,700,000, to remain available until expended, of
which $1,200,000 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.
For fiscal year 2013, 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, $833,635,000, to remain available until expended, of which
$29,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $6,985,000 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 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, $39,883,000, 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, $36,000,000, 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
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to
the approval of the Secretary of the Interior: 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, 2014, $57,000,000, 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.
TITLE III--DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
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 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, $1,450,960,000 to
remain available until expended: Provided, That of such amount,
$115,000,000 shall be available until September 30, 2014, for program
direction: Provided further, That for the purposes of allocating
weatherization assistance funds to States and tribes during fiscal year
2013, the Secretary of Energy may waive the allocation formula
established pursuant to section 414(a) of the Energy Conservation and
Production Act (42 U.S.C. 6864(a)): Provided further, That of the
unobligated balances from prior year appropriations available under
this heading, $69,667,000 is hereby permanently 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 Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for 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, $123,000,000, to
remain available until expended: Provided, That of such amount,
$27,600,000 shall be available until September 30, 2014, for program
direction.
Nuclear Energy
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, $765,391,000, to remain
available until expended, of which $10,000,000 shall be derived from
the Nuclear Waste Fund established in section 302 (c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(c)), to be made available
only to support the high-level waste geologic repository at Yucca
Mountain: Provided, That, of the amount made available under this
heading, $90,015,000 shall be available until September 30, 2014, for
program direction.
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), $554,000,000, to remain available
until expended: Provided, That of such amount, $115,753,000 shall be
available until September 30, 2014, for program direction: Provided
further, That for all programs funded under Fossil Energy
appropriations in this Act or any other Act, the Secretary of Energy
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.
Elk Hills School Lands Fund
For necessary expenses in fulfilling the final payment under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $15,579,815, for payment to the State of California for
the State Teachers' Retirement Fund, of which $15,579,815 shall be
derived from the Elk Hills School Lands Fund.
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 of 1975, as amended (42
U.S.C. 6201 et seq.), $195,609,000, to remain available until expended.
Northeast Home Heating Oil Reserve
(including rescission of funds)
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $10,119,000, to remain available until
expended: Provided, That of the unobligated balances from prior year
appropriations available under this heading, $6,000,000 is hereby
permanently 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 Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
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, $198,506,000, 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, $425,493,000 to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
(including rescission of funds)
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 ambulance and one bus,
$4,824,931,000, to remain available until expended: Provided, That of
such amount, $185,000,000 shall be available until September 30, 2014,
for program direction: Provided further, That of the unobligated
balances from appropriations available under this heading, $23,500,000
is hereby permanently 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 Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities authorized by
section 5012 of the America COMPETES Act (Public Law 110-69), as
amended, $200,000,000, to remain available until expended: Provided,
That of such amount, $20,000,000 shall be available until September 30,
2014, for program direction.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended
(the ``NWPA''), $25,000,000, to remain available until expended, and to
be derived from the Nuclear Waste Fund established in section 302(c) of
such Act (42 U.S.C. 10222(c)), to be made available only to support the
Yucca Mountain license application: Provided, That not less than
$5,000,000 of funds made available under this heading shall be made
available only for assistance to affected units of local government
which have given formal consent to the Secretary of Energy to host a
high-level waste repository as authorized by the NWPA.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b)(2) 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, $38,000,000 is appropriated, to remain available until
September 30, 2014: Provided further, That $38,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act of 2005
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 2013 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.
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, 2014.
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, $230,783,000, to
remain available until September 30, 2014, 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, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$108,188,000 in fiscal year 2013 may be retained and used for operating
expenses within this account, and may remain available until expended,
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 by the amount of miscellaneous revenues
received during 2013, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2013 appropriation from the general fund
estimated at not more than $122,595,000.
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, as
amended, $43,468,000, to remain available until September 30, 2014.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including rescission of funds)
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, $7,577,341,000, to remain available until
expended: Provided, That of the unobligated balances from prior year
appropriations available under this heading, $65,000,000 is hereby
permanently 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 Resolution on the
Budget or the Balanced Budget and Emergency 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 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, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$2,283,024,000, to remain available until expended: Provided, That of
the unobligated balances from prior year appropriations available under
this heading, $7,000,000 is hereby permanently 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 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.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,086,635,000,
to remain available until expended: Provided, That of such amount,
$43,212,000 shall be available until September 30, 2014, 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, $400,000,000, to
remain available until September 30, 2014.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including rescission of funds)
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 ambulance and one fire truck for replacement only,
$4,930,078,000, to remain available until expended: Provided, That of
such amount, $315,607,000 shall be available until September 30, 2014,
for program direction: Provided further, That of the unobligated
balances from prior year appropriations available under this heading,
$10,000,000 is hereby permanently 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
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
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, $813,364,000, to remain available until expended: Provided,
That of such amount, $114,858,000 shall be available until September
30, 2014, 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 $7,000: Provided,
That during fiscal year 2013, 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, $8,732,000,
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
$8,732,000 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 2013 appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to $87,696,000
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, $44,200,000, 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 $32,308,000 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 2013 appropriation
estimated at not more than $11,892,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $41,000,000 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; $291,920,000, to remain
available until expended, of which $281,702,000 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 $195,790,000 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 2013 appropriation
estimated at not more than $96,130,000, of which $85,912,000 is derived
from the Reclamation Fund: Provided further, That of the amount herein
appropriated, not more than $3,375,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding 31 U.S.C. 3302, up to
$242,858,000 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, $5,555,000, 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) as amended: Provided, That notwithstanding the
provisions of that Act and of 31 U.S.C. 3302, up to $5,335,000
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 2013 appropriation estimated at not more
than $220,000: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred.
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 2013 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 2013 so as to result in a final fiscal year 2013 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) 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 multi-year contract, award a multi-year grant, or enter
into a multi-year 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 Committee on Appropriations of the House
of Representatives and the Senate at least 14 days in advance.
(c) Except as provided in subsections (d), (e), and (f), the
amounts made available by this title shall be expended as authorized by
law for the 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.
(d) 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.
(e) 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.
(f)(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 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 2013 until the enactment of the Intelligence
Authorization Act for fiscal year 2013.
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 a 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. 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, totaling in excess of $1,000,000, or to
announce publicly the intention to make such an allocation, award, or
Agreement, or to issue such a letter, including a contract covered by
the Federal Acquisition Regulation, unless the Secretary of Energy
notifies the Committees on Appropriations 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 letter:
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
notify 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:
Provided further, That the notification shall include the recipient of
the award, the amount of the award, the fiscal year for which the funds
for the award were appropriated, and the account and program 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.
Sec. 307. None of the funds made available by this or any
subsequent Act for fiscal year 2013 or any fiscal year hereafter may be
used to pay the salaries of Department of Energy employees to carry out
section 407 of division A of the American Recovery and Reinvestment Act
of 2009.
Sec. 308. Section 20320(c) of division B of Public Law 109-289, as
added by Public Law 110-5, is amended by striking ``an annual review''
and inserting ``a review every 3 years''.
Sec. 309. Not later than June 30, 2013, the Secretary shall submit
to the House and Senate Committees on Appropriations a tritium and
enriched uranium management plan that provides:
(a) An assessment of the national security demand for tritium
through 2060;
(b) An assessment of the national security demand for low and
highly enriched uranium through 2060;
(c) A description of the Department of Energy's plan to provide
adequate amounts of tritium for national security purposes through
2060, including the derivation of adequate supplies of enriched uranium
and its use;
(d) An analysis of planned and alternative tritium production
technologies, including weapons dismantlement;
(e) An analysis of planned and alternative enriched uranium
production technologies, including down-blending, which are available
to meet the supply needs for national security programs through 2060.
Sec. 310. None of the funds made available in this Act may be used
for uranium transactions that do not conform to the excess uranium
inventory management plan submitted pursuant to the Consolidated
Appropriations Act, 2012.
Sec. 311. No funds within this Act shall be expended to promulgate
the final rule pursuant to Section 433 of the Energy Independence and
Security Act of 2007, Pub. L. No. 110 - 140 (Dec. 19, 2007) (codified
at 42 U.S.C. Sec. 6834) and no funds shall be used to implement any
final rule implementing Section 433 of the Energy Independence and
Security Act of 2007, Pub. L. No. 110 - 140 (Dec. 19, 2007) (codified
at 42 U.S.C. Sec. 6834).
Sec. 312. None of the funds made available in this title or funds
available in the Bonneville Power Administration Fund may be used by
the Department of Energy for any new program, project, or activity
required by or otherwise proposed in the memorandum from Steven Chu,
Secretary of Energy, to the Power Marketing Administrators with the
subject line ``Power Marketing Administrations' Role'' and dated March
16, 2012.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
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, $75,317,000, 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, $29,415,000, to
remain available until September 30, 2014.
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, as amended, notwithstanding sections 382C(b)(2), 382F(d),
382M, and 382N of said Act, $11,677,000, 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, $10,679,000, 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, $1,425,000, 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, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $25,000), $1,038,800,000, 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, 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
$911,772,000 in fiscal year 2013 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 2013 so as to result in
a final fiscal year 2013 appropriation estimated at not more than
$127,028,000: 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,
$11,020,000, to remain available until September 30, 2014: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $9,918,000 in fiscal year 2013
shall be retained and be available until September 30, 2014, 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 2013 so as to result in a final fiscal year
2013 appropriation estimated at not more than $1,102,000.
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 established in section 302(c) of
such Act (42 U.S.C. 10222(c)) 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, $1,000,000: Provided, That any fees,
charges, or commissions received pursuant to section 802 of Public Law
110-140 in fiscal year 2013 in excess of $2,000,000 shall not be
available for obligation until appropriated in a subsequent Act of
Congress.
GENERAL PROVISIONS, INDEPENDENT AGENCIES
Sec. 401. (a) None of the funds provided for ``Nuclear Regulatory
Commission--Salaries and Expenses'' in this Act or prior Acts shall be
available for obligation or expenditure through a reprogramming of
funds that--
(1) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(2) 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 Commission may not
terminate any program, project, or activity without the approval of a
majority vote of the Commissioners of the Nuclear Regulatory Commission
approving such action.
(c) The Nuclear Regulatory Commission may waive the restriction on
reprogramming under subsection (a) on a case-by-case basis by
certifying to the Committees on Appropriations of the House of
Representatives and the Senate that such action is required to address
national security or imminent risks to public safety. Each such waiver
certification shall include a letter from the Chairman of the
Commission that a majority of Commissioners of the Nuclear Regulatory
Commission have voted and approved the reprogramming waiver
certification.
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
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 in 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.
Sec. 503. 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. 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 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, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent, and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 505. 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 made a determination that this further
action is not necessary to protect the interests of the Government.
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. No funds made available by this Act may be used to pay
for mitigation associated with the removal of Federal Energy Regulatory
Commission Project number 2342.
Sec. 508. 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.
spending reduction account
Sec. 509. 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, 2013''.
Union Calendar No. 323
112th CONGRESS
2d Session
H. R. 5325
[Report No. 112-462]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2013, and for other
purposes.
_______________________________________________________________________
May 2, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed