---
kind: "diff"
citation: "H.R. 2609"
bill: "113-hr-2609"
heading: "Energy and Water Development and Related Agencies Appropriations Act, 2014"
from: "rh"
from_label: "Reported in House"
to: "eh"
to_label: "Engrossed in House"
sections_amended: 2
sections_added: 22
sections_removed: 0
url: "https://uscodex.org/bills/113/hr/2609/changes/eh"
---

# H.R. 2609 — what changed

H.R. 2609, Energy and Water Development and Related Agencies Appropriations Act, 2014 — 2 sections amended and 22 added between Reported in House and Engrossed in House.

Edits are marked `<del>struck</del>` and `<ins>inserted</ins>`.

## Sec. 113 (unnamed section)

- 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), <del>if </del><ins>if: </ins>(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.

## Sec. 311 (unnamed section)

- <ins>The Secretary of Energy shall submit to the congressional defense committees (as defined in 10 U.S.C. 101(a)(16)) not later than December 1, 2013, a report that provides an analysis of alternatives for each major warhead refurbishment program that reaches Phase 6.3, including—</ins>
- (a) <del>The Secretary of Energy shall submit to the Committees on Appropriations of the House of Representatives and the Senate not later than December 1, 2013, a report which provides an analysis of alternatives for each major warhead refurbishment program that reaches Phase 6.3, including—</del>
  - (1) <del>A summary of the overall cost, scope, and schedule planning assumptions for the major refurbishment activity;</del>
  - (2) <del>A full description of alternatives considered prior to the award of Phase 6.3;</del>
  - (3) <del>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;</del>
  - (4) <del>An assessment of the risks, costs, and scheduling needs for each military requirement established by the Department of Defense and/or any requirement established to enhance safety, security, or maintainability;</del>
  - (5) <del>Identification of the cost and risk of critical technology elements associated with each refurbishment alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs; and</del>
  - (6) <del>Identification of the cost and risk of capital asset and infrastructure capabilities required to support production and certification of each refurbishment alternative.</del>
- (1) <del>The Secretary of Energy or the Secretary’s designee shall certify to the Committees on Appropriations </del><ins>a summary </ins>of the <del>House of Representatives </del><ins>overall cost, scope, </ins>and <ins>schedule planning assumptions for </ins>the <del>Senate that—</del><ins>major refurbishment activity;</ins>
  - (1) <del>No less than three feasible and distinct alternatives are considered prior to the award of milestone Phase 6.3 for any major warhead refurbishment program; and</del>
  - (2) <del>Appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total acquisition cost in the context of the total resources available during the period covered by the most recent stockpile stewardship and management plan and the future-years nuclear security plan submitted during the fiscal year in which the certification is made.</del>
- (2) <del>In this section, the term “major warhead refurbishment program” includes all nuclear weapons life extension programs, alterations, and modifications carried out for the life cycle management </del><ins>a full description </ins>of <del>the nuclear weapons stockpile, and all non-routine nuclear weapons stockpile activities that are estimated </del><ins>alternatives considered prior </ins>to <del>cost over $1,000,000,000.</del><ins>the award of Phase 6.3;</ins>
- (3) <ins>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;</ins>
- (4) <ins>an assessment of the risks, costs, and scheduling needs for each military requirement established by the Department of Defense or any requirement established to enhance safety, security, or maintainability;</ins>
- (5) <ins>identification of the cost and risk of critical technology elements associated with each refurbishment alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs; and</ins>
- (6) <ins>identification of the cost and risk of capital asset and infrastructure capabilities required to support production and certification of each refurbishment alternative.</ins>

## Sec. 513 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used—</ins>
- (1) <ins>to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or</ins>
- (2) <ins>to implement or enforce the standards established by the tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps.</ins>

## Sec. 514 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to pay the salary of individuals appointed to their current position through, or to otherwise carry out, paragraphs (1), (2), and (3) of section 5503(a) of title 5, United States Code.</ins>

## Sec. 515 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used within the borders of the State of Louisiana by the Mississippi Valley Division or the Southwestern Division of the Army Corps of Engineers or any district of the Corps within such divisions to implement or enforce the mitigation methodology, referred to as the “Modified Charleston Method”.</ins>

## Sec. 516 (unnamed section) — added

- <ins>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 “Energy Conservation Standards Ceiling Fans and Ceiling Fan Light Kits” and identified by regulation identification number 1904–AC87.</ins>

## Sec. 517 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used to relocate or consolidate general and administrative functions, personnel, or resources of the Buffalo and Chicago Districts of the Corps of Engineers Great Lakes and Ohio River Division.</ins>

## Sec. 518 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to carry out section 801 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17281).</ins>

## Sec. 519 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals—</ins>
- (1) <ins>within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or (B) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;</ins>
- (2) <ins>are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or</ins>
- (3) <ins>within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.</ins>

## Sec. 520 (unnamed section) — added

- <ins>The amounts otherwise provided by this Act are revised by reducing the amount made available for “Department of Energy––Energy Programs––Department Administration”, and increasing the amount made available for “Corps of Engineers-Civil––Department of the Army––Corps of Engineers––Construction”, by $2,000,000.</ins>

## Sec. 521 (unnamed section) — added

- <ins>The amounts otherwise provided by this Act are revised by reducing the amount made available for “Department of Energy—Energy Programs—Fossil Energy Research and Development”, and increasing the amount made available for “Corps of Engineers-Civil—Department of the Army—Corps of Engineers-Civil—Construction”, by $20,000,000.</ins>

## Sec. 522 (unnamed section) — added

- <ins>None of the funds made available in this Act or funds available in the Bonneville Power Administration Fund may be used by the Department of Energy for any 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.</ins>

## Sec. 523 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to reduce the active and inactive nuclear weapons stockpiles of the United States in contravention of section 303(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)).</ins>

## Sec. 524 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.</ins>

## Sec. 525 (unnamed section) — added

- <ins>The amounts otherwise provided by this Act are revised by reducing the amount made available for “Corps of Engineers-Civil—Expenses”, and by increasing the amount made available for “Corps of Engineers-Civil—Construction”, by $1,000,000.</ins>

## Sec. 526 (unnamed section) — added

- <ins>None the funds made available by this Act may be used for the study of the Missouri River Projects authorized in section 108 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (division C of Public Law 111–8).</ins>

## Sec. 527 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used to continue the study conducted by the Army Corps of Engineers pursuant to section 5018(a)(1) of the Water Resources Development Act of 2007.</ins>

## Sec. 528 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used to issue rules or regulations to establish a fee for surplus water from Missouri River reservoirs.</ins>

## Sec. 529 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used to develop or submit a proposal to expand the authorized uses of the Harbor Maintenance Trust Fund described in section 9505(c) of the Internal Revenue Code of 1986.</ins>

## Sec. 530 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to regulate activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A), (C)).</ins>

## Sec. 531 (unnamed section) — added

- <ins>None of the funds made available in this Act to the United States Army Corps of Engineers may be used for sediment or soil dumping into the Missouri River.</ins>

## Sec. 532 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to implement, administer, or enforce the National Ocean Policy developed under Executive Order No. 13547 of July 19, 2010 (75 Fed. Reg. 43023, relating to the stewardship of oceans, coasts, and the Great Lakes).</ins>

## Sec. 533 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to implement, administer, or enforce section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142).</ins>

## Sec. 534 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to pay the salary of any officer or employee to carry out section 301 of the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a; added by section 402 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5)).</ins>
