[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4923 Reported in House (RH)]
Union Calendar No. 362
113th CONGRESS
2d Session
H. R. 4923
[Report No. 113-486]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2015, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2014
Mr. Simpson, 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, 2015, 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, 2015, 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, $115,000,000, 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);
$1,704,499,000, 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, except as otherwise specifically provided for in
law.
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, $260,000,000, 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, $2,905,000,000, 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, $200,000,000, to remain
available until September 30, 2016.
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, $100,000,000, 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, $178,000,000, to remain available until September 30, 2016, 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), $2,000,000, to remain
available until September 30, 2016.
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. 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 $4,700,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. 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. 106. 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 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. 107. As of the date of enactment of this Act and each fiscal
year 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, $9,874,000, 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: Provided, That of the amount
provided under this heading, $1,300,000 shall be available until
September 30, 2016, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2015, of the amount made available to the
Commission under this Act or any other Act, 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, $856,351,000, to remain available until expended, of which
$25,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $6,840,000 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, $56,995,000, 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, $37,000,000, 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, 2016, $53,849,000, 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.
bureau of reclamation loan program account
(including rescission of funds)
Of the unobligated balances available under this heading, $500,000
is hereby permanently rescinded.
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
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, $1,789,000,000, to
remain available until expended: Provided, That of such amount,
$150,000,000 shall be available until September 30, 2016, for program
direction.
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, $160,000,000, to
remain available until expended: Provided, That of such amount,
$27,500,000 shall be available until September 30, 2016, 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, $899,000,000, to remain available until
expended: Provided, That of such amount, $73,000,000 shall be available
until September 30, 2016, for program direction including official
reception and representation expenses not to exceed $10,000.
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 (42 U.S.C. 7101 et seq.), 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), $593,000,000, to remain available
until expended: Provided, That of such amount, $120,000,000 shall be
available until September 30, 2016, for program direction.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $19,950,000, 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 (10 U.S.C. 7420 Note), $15,579,815, for payment to the
State of California for the Teachers' Retirement Fund of the State, 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 (42 U.S.C. 6201 et seq.),
$205,000,000, 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 (42 U.S.C. 6201 et seq.), $7,600,000, 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 a 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, $120,000,000, 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, $241,174,000, 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, $585,976,000, 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 17 passenger motor vehicles
for replacement only, including two buses, $5,071,000,000, to remain
available until expended: Provided, That of such amount, $180,000,000
shall be available until September 30, 2016, for program direction:
Provided further, That no funding may be made available for U.S. cash
contributions to the International Thermonuclear Experimental Reactor
project until its governing Council implements the recommendations of
the Third Biennial International Organization Management Assessment
Report: Provided further, That the Secretary of Energy may waive this
requirement upon submission to the Committees on Appropriations of the
House of Representatives and the Senate a determination that the
Council is making satisfactory progress towards implementation of such
recommendations.
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), including the
acquisition of real property or facility construction or expansion,
$150,000,000, to remain available until expended, and to be derived
from the Nuclear Waste Fund.
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),
$280,000,000, to remain available until expended: Provided, That of
such amount, $28,000,000 shall be available until September 30, 2016,
for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C.
16512(b)) 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, $42,000,000 is appropriated, to remain
available until September 30, 2016: Provided further, That $25,000,000
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 2015 appropriation
from the general fund estimated at not more than $17,000,000: 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 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, $4,000,000, to remain available
until September 30, 2016.
Clean Coal Technology
(including rescission of funds)
Of the unobligated balances from prior year appropriations under
this heading, $6,600,000 is hereby permanently rescinded: Provided,
That no amounts may be rescinded 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, as amended.
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.),
$255,171,000, to remain available until September 30, 2016, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, 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 $119,171,000 in fiscal year
2015 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
2015 appropriation from the general fund estimated at not more than
$136,000,000.
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,
$42,120,000, to remain available until September 30, 2016.
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 4 passenger vehicles, $8,204,209,000, to remain available
until expended: Provided, That of such amount, $97,118,000 shall be
available until September 30, 2016, for program direction.
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, $1,592,156,000, to
remain available until expended: Provided, That funds provided by this
Act for Project 99-D-143, Mixed Oxide Fuel Fabrication Facility, and by
prior Acts that remain unobligated for such Project, may be made
available only for construction and program support activities for such
Project: Provided further, That of the unobligated balances from prior
year appropriations available under this heading, $37,000,000 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 a 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, $1,215,342,000,
to remain available until expended: Provided, That of such amount,
$41,500,000 shall be available until September 30, 2016, for program
direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, $386,863,000, to remain
available until September 30, 2016, including official reception and
representation expenses not to exceed $12,000.
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, one heavy duty truck, two
ambulances, and one ladder fire truck for replacement only,
$4,801,280,000, to remain available until expended: Provided, That of
such amount, $280,784,000 shall be available until September 30, 2016,
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, $754,000,000, to remain available until expended: Provided,
That of such amount, $249,378,000 shall be available until September
30, 2016, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the Black
Canyon Trout Hatchery and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000: Provided,
That during fiscal year 2015, 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, $7,220,000,
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
$7,220,000 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 2015 appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to $73,579,000
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, $46,240,000, 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 $34,840,000 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 2015 appropriation
estimated at not more than $11,400,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $53,000,000 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, $304,402,000, to remain
available until expended, of which $296,321,000 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 $211,030,000 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 2015 appropriation
estimated at not more than $93,372,000, of which $85,291,000 is derived
from the Reclamation Fund: Provided further, That, notwithstanding 31
U.S.C. 3302, up to $260,510,000 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, $4,727,000, 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): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $4,499,000 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
2015 appropriation estimated at not more than $228,000: 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 2015, the
Administrator of the Western Area Power Administration may accept up to
$802,000 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,
$304,389,000, to remain available until expended: Provided, That of the
amount appropriated herein, not more than $5,400,000 may be made
available for salaries, travel, and other support costs for the offices
of the Commissioners: Provided further, That notwithstanding any other
provision of law, not to exceed $304,389,000 of revenues from fees and
annual charges, and other services and collections in fiscal year 2015
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 2015 so as to result in a final fiscal
year 2015 appropriation from the general fund estimated at not more
than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions 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 $1,000,000 or more, 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 within 15
days of the conclusion 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 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 2015 until the enactment of the Intelligence
Authorization Act for fiscal year 2015.
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 Independent Enterprise Assessments 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. (a) Any determination (including a determination made
prior to the date of enactment of this Act) by the Secretary pursuant
to section 3112(d)(2)(B) of the USEC Privatization Act (42 U.S.C.
2297h-10(d)(2)(B)), as amended, shall be valid for not more than 2
calendar years subsequent to such determination.
(b) Not less than 30 days prior to the provision of uranium in any
form the Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate of--
(1) the amount of uranium to be provided;
(2) an estimate by the Secretary of the gross fair market
value of the uranium on the expected date of the provision of
the uranium;
(3) the expected date of the provision of the uranium;
(4) the recipient of the uranium; and
(5) the value the Secretary expects to receive in exchange
for the uranium, including any adjustments to the gross fair
market value of the uranium.
(c) If on the expected date of provision, the estimated gross fair
market value of the uranium hexafluoride (UF6), comprising of uranium
and conversion, is more than 10 percent lower than the gross fair
market value on the date the most recent determination was signed by
the Secretary, the Secretary shall issue a new determination pursuant
to section 3112(d)(2)(B) of the USEC Privatization Act (42 U.S.C.
2297h-10(d)(2)(B)) before the provision can be processed.
Sec. 307. 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 $1,000,000 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. 308. In fiscal year 2015 and subsequent fiscal years, the
Secretary of Energy shall submit to the congressional defense
committees (as defined in U.S.C. 101(a)(16)) a report, on each major
warhead refurbishment program that reaches the Phase 6.3 milestone,
that provides an analysis of alternatives. Such report shall include--
(1) a full description of alternatives considered prior to
the award of Phase 6.3;
(2) 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;
(3) identification of the cost and risk of critical
technology elements associated with each alternative, including
technology maturity, integration risk, manufacturing
feasibility, and demonstration needs;
(4) identification of the cost and risk of additional
capital asset and infrastructure capabilities required to
support production and certification of each alternative;
(5) a comparative analysis of the risks, costs, and
scheduling needs for any military requirement intended to
enhance warhead safety, security, or maintainability, including
any requirement to consolidate and/or integrate warhead systems
or mods as compared to at least one other feasible
refurbishment alternative the Nuclear Weapons Council considers
appropriate; and
(6) a life-cycle cost estimate for the alternative selected
that details the overall cost, scope, and schedule planning
assumptions.
Sec. 309. (a) Unobligated balances available from prior year
appropriations are hereby permanently rescinded from the following
accounts of the Department of Energy in the specified amounts:
(1) ``Energy Programs--Energy Efficiency and Renewable Energy'',
$18,111,000.
(2) ``Energy Programs--Electricity Delivery and Energy
Reliability'', $4,809,000.
(3) ``Energy Programs--Nuclear Energy'', $1,046,000.
(4) ``Energy Programs--Fossil Energy Research and Development'',
$8,243,000.
(5) ``Energy Programs--Science'', $5,257,000.
(6) ``Energy Programs--Advanced Research Projects Agency--Energy'',
$619,000.
(7) ``Power Marketing Administrations--Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration'', $1,720,000.
(b) No amounts may be rescinded by 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. 310. From funds made available by this Act for pension plan
payments in excess of legal requirements, up to $90,000,000 under
``Weapons Activities'' and up to $30,000,000 under ``Defense Nuclear
Nonproliferation'' may be transferred to ``Defense Environmental
Cleanup'' to support decontamination and other requirements at the
Waste Isolation Pilot Plant.
Sec. 311. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available for contracts with, or Federal assistance to, the Russian
Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 30
days after the date on which the Secretary submits to the Committees on
Appropriations of the House of Representatives and the Senate, in
classified form if necessary, a report on the justification for the
waiver.
Sec. 312. All balances under ``United States Enrichment
Corporation Fund'' are hereby permanently rescinded. No amounts may be
rescinded 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. 313. (a) None of the funds made available by this or any other
Act making appropriations for Energy and Water Development for any
fiscal year or funds available in the SPR Petroleum Account in this and
subsequent fiscal years may be used to carry out a test drawdown and
sale or exchange of petroleum products from the Strategic Petroleum
Reserve as authorized by section 161(g) of the Energy Policy and
Conservation Act (42 U.S.C. 6241(g)) unless the Secretary of Energy
submits to the Committees on Appropriations of the House of
Representatives and the Senate not less than 30 full calendar days in
advance of such test--
(1) notification of intent to conduct a test;
(2) an explanation of why such a test is necessary or what is
expected to be learned;
(3) the amount of crude oil or refined petroleum product to be
offered for sale or exchange;
(4) an estimate of revenues expected from such test; and
(5) a plan for refilling the Reserve, including whether the
acquisition will be of the same or of a different petroleum product.
(b) None of the funds made available by this or any prior Act or
funds available in the SPR Petroleum Account may be used to acquire any
petroleum product other than crude oil.
Sec. 314. Of the funds authorized by the Secretary of Energy for
laboratory directed research and development, no individual program,
project, or activity funded by this or any subsequent Energy and Water
Development appropriations Act for any fiscal year may be charged more
than the statutory maximum authorized for such activities.
Sec. 315. None of the funds made available by this Act may be used
by the Department of Energy to finalize, implement, or enforce the
proposed rule entitled ``Standards Ceiling Fans and Ceiling Fan Light
Kits'' and identified by regulation identification number 1904-AC87.
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, $80,317,000, 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, $29,150,000, to
remain available until September 30, 2016.
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, $12,000,000, 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, $10,000,000, 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, $3,000,000, 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, $1,052,433,000, to remain available until expended, of which
$55,000,000 shall be derived from the Nuclear Waste Fund: 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, 2016,
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
$880,155,000 in fiscal year 2015 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 2015 so as to result in
a final fiscal year 2015 appropriation estimated at not more than
$172,278,000: 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,
$12,071,000, to remain available until September 30, 2016: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,099,000 in fiscal year 2015
shall be retained and be available until September 30, 2016, 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 2015 so as to result in a final fiscal year
2015 appropriation estimated at not more than $1,972,000: Provided
further, That, of the amounts appropriated under this heading, $850,000
shall be for Inspector General services for the Defense Nuclear
Facilities Safety Board, which shall not be available from fee
revenues.
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, 2016.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Chairman of the Nuclear Regulatory Commission shall
notify the other members of the Commission, the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works of 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 is 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. This section
shall be in effect in fiscal year 2015 and each subsequent fiscal year.
Sec. 402. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information
until those Procedures are changed or waived by a majority of the
Commission, in accordance with Commission practice.
TITLE V--GENERAL PROVISIONS
(including transfers 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 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. 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 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. 504. (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 appropriations 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
appropriations 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.
(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. 505. 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. 506. None of the funds made available by 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. 507. 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, 2015''.
Union Calendar No. 362
113th CONGRESS
2d Session
H. R. 4923
[Report No. 113-486]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2015, and for other
purposes.
_______________________________________________________________________
June 20, 2014
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed