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H.R. 4923 — what changed

Energy and Water Development and Related Agencies Appropriations Act, 2015

From Reported in House to Engrossed in House. 1 section amended and 25 added between Reported in House and Engrossed in House.

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)
changed transfers funds in excess of the following limits: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. 508

added

added None of the funds made available by this Act may be used in contravention of section 3112(d)(2)(B) of the USEC Privatization Act (42 U.S.C. 2297h–10(d)(2)(B)) and all public notice and comment requirements under chapter 6 of title 5, United States Code, that are applicable to carrying out such section.

Sec. 509

added

added None of the funds made available by this Act may be used in contravention of section 4712 of title 41, United States Code.

Sec. 510

added

added None of the funds made available by this Act may be used to enter into any contract with an incorporated entity if such entity’s sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity’s sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

Sec. 511

added

added None of the funds made available by this Act may be used to prepare, propose, or promulgate any regulation or guidance that references or relies on the analysis contained in “Technical Support Document: - Social Cost of Carbon for Regulatory Impact Analysis - Under Executive Order 12866” issued by the Interagency Working Group on Social Cost of Carbon, United States Government (February 2010), “Technical Support Document: - Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis - Under Executive Order 12866” issued by the Interagency Working Group on Social Cost of Carbon, United States Government (May 2013), “Technical Support Document - Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis - Under Executive Order 12866” issued by the Interagency Working Group on Social Cost of Carbon, United States Government (revised November 2013), or “Technical Support Document - Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis - Under Executive Order No. 12866”, published at 78 Fed. Reg. 228 (November 26, 2013).

Sec. 512

added

added None of the funds made available by this Act may be used by the Department of Energy to apply the report entitled “Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States”, published in the Federal Register on June 4, 2014 (79 Fed. Reg. 32260), in any public interest determination under section 3 of the Natural Gas Act (15 U.S.C. 717b).

Sec. 513

added

added 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.

Sec. 514

added

added None of the funds made available in this Act may be used to enter into a contract with any person whose disclosures of a proceeding with a disposition listed in section 2313(c)(1) of title 41, United States Code, in the Federal Awardee Performance and Integrity Information System include the term “Fair Labor Standards Act.”.

Sec. 515

added

added 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—

(1)
added within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: 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 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;
(2)
added 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
(3)
added 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.

Sec. 516

added

added None of 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).

Sec. 517

added

added None of the funds made available by 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 (Public Law 110–114).

Sec. 518

added

added None of the funds made available by this Act may be used to implement, administer, or enforce the order entitled “Order Accepting Proposed Tariff Revisions and Establishing a Technical Conference” issued by the Federal Energy Regulatory Commission on August 13, 2013 (Docket No. ER13–1380–000).

Sec. 519

added

added 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”.

Sec. 520

added

added None of the funds made available by this Act may be used for “DE–FOA0000697: Sustainable Cities: Urban Energy Planning for Smart Growth in China and India”.

Sec. 521

added

added 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)).

Sec. 522

added

added 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).

Sec. 523

added

added None of the funds made available by this Act may be used to transform the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consolidate or close the National Energy Technology Laboratory.

Sec. 524

added

added None of the funds made available by this Act may be used for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts, Nantucket Sound.

Sec. 525

added

added None of the funds made available by this Act may be used to implement, administer, or enforce Executive Order No. 13547 (75 Fed. Reg. 43023, relating to the stewardship of oceans, coasts, and the Great Lakes), including the National Ocean Policy developed under such Executive order.

Sec. 526

added

added None of the funds made available by this Act may be used to award grants or provide funding for high-efficiency toilets or indoor water-efficient toilets.

Sec. 527

added

added None of the funds made available by this Act may be used in contravention of section 210(d)(1)(B)(ii) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(d)(1)(B)(ii)).

Sec. 528

added

added None of the funds made available in this Act may be used—

(1)
added to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or
(2)
added 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.

Sec. 529

added

added 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)) or to limit the exemption in section 404(f)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)(1)(A)) to established or ongoing operations.

Sec. 530

added
added Offshore Drilling Permit— No funds made available by this Act may be used by the Department of Energy to block approval of offshore drilling permits.

Sec. 531

added

added None of the funds made available by this Act may be used to design, implement, administer, or carry out the United States Global Climate Research Program National Climate Assessment, the Intergovernmental Panel on Climate Change’s Fifth Assessment Report, the United Nation’s Agenda 21 sustainable development plan, the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866, or the July 2014 Sustainable Development Solutions Network and Institute for Sustainable Development and International Relations’ pathways to deep decarbonization report.

Sec. 532

added

added None of the funds made available by this Act may be used for the Department of Energy’s Climate Model Development and Validation program.