Supplemental Appropriations Act, 2009/Title IV

TITLE IV—DEPARTMENT OF DEFENSE-CIVIL, DEPARTMENT OF ENERGY

DEPARTMENT OF THE ARMY

Corps of Engineers—Civil

Operation and Maintenance

For an additional amount for “Operation and Maintenance” to dredge navigation channels and repair damage to Corps projects nationwide related to natural disasters, $42,875,000, to remain available until expended:

Provided, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

Flood Control and Coastal Emergencies

For an additional amount for “Flood Control and Coastal Emergencies”, as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses relating to the consequences of natural disasters as authorized by law, $754,290,000, to remain available until expended:

Provided, That the Secretary of the Army is directed to use $315,290,000 of the funds appropriated under this heading to support emergency operations, to repair eligible projects nationwide, and for other activities in response to natural disasters:

Provided further, That the Secretary of the Army is directed to use $439,000,000 of the amount provided under this heading for barrier island restoration and ecosystem restoration to restore historic levels of storm damage reduction to the Mississippi Gulf Coast:

Provided further, That this work shall be carried out at full Federal expense:

Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act.

DEPARTMENT OF ENERGY

Energy Programs

Strategic Petroleum Reserve ^[1]

For an additional amount for `Strategic Petroleum Reserve', $21,585,723, to remain available until expended, to be derived by transfer from the `SPR Petroleum Account' for site maintenance activities.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Weapons Activities

For an additional amount for “Weapons Activities”, $30,000,000, to remain available until expended, to be divided among the three national security laboratories of Livermore, Sandia and Los Alamos and other entities to fund a sustainable capability to analyze nuclear and biological weapons intelligence:

Provided, That the Secretary of Energy, in cooperation with the Director of National Intelligence, shall provide a written report to the Appropriations Committees of the House of Representatives and the Senate, the Armed Services Committees of the House of Representatives and the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate within 90 days of enactment of this Act on how the Department of Energy will invest these resources to sustain technical and core analytical capabilities.

Defense Nuclear Nonproliferation

For an additional amount for “Defense Nuclear Nonproliferation”, $55,000,000, to remain available until expended.

GENERAL PROVISIONS—THIS TITLE

SEC. 401. LIMITED TRANSFER AUTHORITY.

Section 403 of title IV of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking all of the text and inserting the following:

“SEC. 403. LIMITED TRANSFER AUTHORITY.

“The Secretary of Energy may transfer up to 0.5 percent from each amount appropriated to the Department of Energy in this title to any other appropriate account within the Department of Energy, to be used for management and oversight activities: Provided, That the Secretary shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate 15 days prior to any transfer: Provided further, That any funds so transferred under this section shall remain available for obligation until September 30, 2012.”.

SEC. 402. WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS.

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)(1)) is amended by striking “September 30, 2008” and inserting “September 30, 2009”.

SEC. 403. CORPS OF ENGINEERS TECHNICAL FIX.

(a) IN GENERAL.—

Section 3181 of the Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1158) is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (4) through (11) as paragraphs (5), (6), (8), (9), (10), (11), (12), and (13), respectively;

(B) by inserting after paragraph (3) the following:

“(4) Northeast Harbor, Maine.—The project for navigation, Northeast Harbor, Maine, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 12).”; and

(C) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following:

“(7) Tenants Harbor, Maine.—The project for navigation, Tenants Harbor, Maine, authorized by the first section of the Act of March 2, 1919 (40 Stat. 1275).”; and

(2) in subsection (h)—

(A) by striking paragraphs (15) and (16); and

(B) by redesignating paragraphs (17) through (29) as paragraphs (15) through (27), respectively.

(b) EFFECTIVE DATE.—

The amendments made by subsection (a) shall take effect as if included in the Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1041).

SEC. 404. CORPS OF ENGINEERS REPROGRAMMING AUTHORITY.

Unlimited reprogramming authority is granted to the Secretary of the Army for funds provided in title IV—Energy and Water Development of Public Law 111-5 under the heading “Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil”.

SEC. 405. BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY.

Unlimited reprogramming authority is granted to the Secretary of the Interior for funds provided in title IV—Energy and Water Development of Public Law 111-5 under the heading “Bureau of Reclamation, Water and Related Resources”.

SEC. 406. COST ANALYSIS OF TRITIUM PROGRAM CHANGES.

No funds in this Act, or other previous Acts, shall be provided to fund activities related to the mission relocation of either the design authority for the gas transfer systems or tritium research and development facilities during the current fiscal year and until the Department can provide the Senate Appropriations Committee an independent technical mission review and cost analysis by the JASON’s as proposed in the Complex Transformation Site-Wide Programmatic Environmental Impact Statement.

SEC. 407. CORPS OF ENGINEERS PROJECT COST CEILING INCREASE.

The project for ecosystem restoration, Upper Newport Bay, California, authorized by section 101(b)(9) of the Water Resources Development Act of 2000 (114 Stat. 2577), is modified to authorize the Secretary to construct the project at a total cost of $50,659,000, with an estimated Federal cost of $32,928,000 and a non-Federal cost of $17,731,000.

SEC. 408. TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM.

The matter under the heading “Title 17 Innovative Technology Loan Guarantee Program” of Title III of Division C of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 619) is amended in the ninth proviso—

(1) by striking “or (d)” and inserting “(d)”; and

(2) by striking “the guarantee” and inserting “the guarantee; (e) contracts, leases or other agreements entered into prior to May 1, 2009 for front-end nuclear fuel cycle projects, where such project licenses technology from the Department of Energy, and pays royalties to the federal government for such license and the amount of such royalties will exceed the amount of federal spending, if any, under such contracts, leases or agreements; or (f) grants or cooperative agreements, to the extent that obligations of such grants or cooperative agreements have been recorded in accordance with section 1501(a)(5) of title 31, United States Code, on or before May 1, 2009”.

Notes

1. (Including Transfer of Funds}