[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2605 Received in Senate (RDS)]
1st Session
H. R. 2605
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 1999
Received
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development for the fiscal
year ending September 30, 2000, 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 the fiscal year ending
September 30, 2000, for energy and water development, and for other
purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--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 rivers and harbors, flood control, beach erosion, and
related purposes.
General Investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $158,993,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use the remaining unobligated funds
appropriated in Public Law 102-377 for the Red River Waterway,
Shreveport, Louisiana, to Daingerfield, Texas, project for the
feasibility phase of the Red River Navigation, Southwest Arkansas,
study.
Construction, General
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $1,412,591,000, to
remain available until expended, of which such sums as are necessary
for 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 pursuant to Public Law 99-662 shall
be derived from the Inland Waterways Trust Fund, for one-half of the
costs of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 25, Mississippi
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa;
Lock and Dam 24, Mississippi River, Illinois and Missouri; and Lock and
Dam 3, Mississippi River, Minnesota; London Locks and Dam; Kanawha
River, West Virginia; and Lock and Dam 12, Mississippi River, Iowa,
projects; and of which funds are provided for the following projects in
the amounts specified:
Indianapolis Central Waterfront, Indiana, $10,991,000;
Harlan/Clover Fork, Pike County, Middlesboro, Martin
County, Pike County Tug Forks Tributaries, Bell County, Harlan
County, and Town of Martin elements of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River project in
Kentucky, $14,050,000; and
Passaic River Streambank Restoration, New Jersey,
$8,000,000.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a and 702g-1), $313,324,000, to remain available until
expended.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,888,481,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that Fund, and of which such
sums as become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l),
may be derived from that account for construction, operation, and
maintenance of outdoor recreation facilities.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $117,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $5,000,000 of
funds appropriated herein to fully implement an administrative appeals
process for the Corps of Engineers Regulatory Program, which
administrative appeals process shall provide for a single-level appeal
of jurisdictional determinations, the results of which shall be
considered final agency action under the Administrative Procedures Act:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, shall, using funds provided herein, prepare studies
and analyses of the impacts on Regulatory Branch workload and on cost
of compliance by the regulated community of proposed replacement
permits for the nationwide permit 26 under section 404 of the Clean
Water Act: Provided further, That none of the funds made available
under this Act may be used by the Secretary of the Army to promulgate
or implement such replacement permits unless and until 30 days prior to
the final publication of the proposed replacement permits for the
nationwide permit 26 under section 404 of the Clean Water Act the
Secretary of the Army, acting through the Chief of Engineers, has
submitted the aforementioned studies and analyses not later than
December 30, 1999 to the Committees on Appropriations of the House and
Senate, the Transportation and Infrastructure Committee of the House,
and the Committee on Environment and Public Works of the Senate:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, shall not terminate the current nationwide permit
26 unless and until the aforementioned report has been submitted to the
Committees on Appropriations of the House and Senate, the
Transportation and Infrastructure Committee of the House, and the
Committee on Environment and Public Works of the Senate.
Formerly Utilized Sites Remedial Action Program
(including transfer of funds)
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as part of
the Nation's early atomic energy program, $150,000,000.
General Expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Water
Resources Support Center, and headquarters support functions at the
USACE Finance Center, $148,000,000, to remain available until expended:
Provided, That no part of any other appropriation provided in title I
of this Act shall be available to fund the activities of the Office of
the Chief of Engineers or the executive direction and management
activities of the division offices: Provided further, That none of
these funds shall be available to support an office of congressional
affairs within the executive office of the Chief of Engineers: Provided
further, That none of these funds shall be used to support more than
one regional office in each Corps of Engineers division, which office
shall serve as divisional headquarters.
Administrative Provision
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and
during the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
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, and for activities related to the Uintah and Upalco
Units authorized by 43 U.S.C. 620, $35,907,000, to remain available
until expended, of which $15,476,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account: Provided, That of the
amounts deposited into that account, $5,000,000 shall be considered the
Federal contribution authorized by paragraph 402(b)(2) of the Central
Utah Project Completion Act and $10,476,000 shall be available to the
Utah Reclamation Mitigation and Conservation Commission to carry out
activities authorized under that Act.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,283,000,
to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfer 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, Indian Tribes, and others,
$604,910,000, to remain available until expended, of which $2,247,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $24,089,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund, and 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. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided further,
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $12,000,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $43,000,000.
In addition, for administrative expenses necessary to carry out
the program for direct loans and/or grants, $425,000, to remain
available until expended: Provided, That of the total sums
appropriated, the amount of program activities that can be financed by
the Reclamation Fund shall be derived from that Fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $47,346,000, 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), 3405(f), and 3406(c)(1) 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.
california bay-delta restoration
(including transfer of funds)
For necessary expenses of the Department of the Interior and other
participating Federal agencies in carrying out ecosystem restoration
activities pursuant to the California Bay-Delta Environmental
Enhancement Act and other activities that are in accord with the CALFED
Bay-Delta Program, including projects to improve water use efficiency,
water quality, groundwater storage, surface storage, levees,
conveyance, and watershed management, consistent with plans to be
approved by the Secretary of the Interior, in consultation with such
Federal agencies, $75,000,000, to remain available until expended, of
which $45,000,000 shall be used for ecosystem restoration activities
and $30,000,000 shall be used for such other activities, and of which
such amounts as may be necessary to conform with such plans shall be
transferred to appropriate accounts of such Federal agencies: Provided,
That no more than $7,000,000 of the funds appropriated herein may be
used for planning and management activities associated with developing
the overall CALFED Bay-Delta Program and coordinating its staged
implementation: Provided further, That funds for ecosystem restoration
activities may be obligated only as non-Federal sources provide their
share in accordance with the cost-sharing agreement required under
section 1101(d) of such Act, and that funds for such other activities
may be obligated only as non-Federal sources provide their share in a
manner consistent with such cost-sharing agreement: Provided further,
That such funds may be obligated prior to the completion of a final
programmatic environmental impact statement only if: (1) consistent
with 40 CFR 1506.1(c); and (2) used for purposes that the Secretary
finds are of sufficiently high priority to warrant such an expenditure.
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 expended, $45,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed six passenger motor vehicles for replacement
only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for energy supply, and uranium supply and enrichment
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$583,399,953 (increased by $30,000,000), of which $820,953 shall be
derived by transfer from the Geothermal Resources Development Fund, and
of which $5,000,000 shall be derived by transfer from the United States
Enrichment Corporation Fund.
Non-Defense Environmental Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management 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, $327,223,000, 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, $240,198,000, to be
derived from the Fund, to remain available until expended: Provided,
That $30,000,000 of amounts derived from the Fund for such expenses
shall be available in accordance with title X, subtitle A, of the
Energy Policy Act of 1992.
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 to exceed six passenger motor vehicles
for replacement only, $2,718,647,000, to remain available until
expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $169,000,000, to remain
available until expended, to be derived from the Nuclear Waste Fund:
Provided, That none of the funds provided therein shall be distributed
to the State of Nevada or affected units of local government (as
defined by Public Law 97-425) by direct payment, grant, or other means,
for financial assistance under section 116 of the Nuclear Waste Policy
Act of 1982, as amended: Provided further, That the foregoing proviso
shall not apply to payments in lieu of taxes under section 116(c)(3)(A)
of the Nuclear Waste Policy Act of 1982, 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.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $193,769,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$106,887,000 in fiscal year 2000 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during fiscal year 2000 so as to result in a final fiscal year
2000 appropriation from the General Fund estimated at not more than
$86,882,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
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
passenger motor vehicles (not to exceed three for replacement only),
$4,000,000,000 (reduced by $37,500,000), to remain available until
expended: Provided, That, of this amount, $1,000,000,000 shall not be
available for obligation or expenditure until after June 30, 2000, and
until legislation has been enacted restructuring the national security
programs of the Department of Energy or establishing an independent
agency for national security programs.
Defense Environmental Restoration and Waste Management
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 restoration
and waste management 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 35 passenger motor vehicles for
replacement only, $4,157,758,000, to remain available until expended.
Defense Facilities Closure Projects
For expenses of the Department of Energy to accelerate the closure
of defense environmental management sites, including the purchase,
construction and acquisition of plant and capital equipment and other
necessary expenses, $1,054,492,000, to remain available until expended.
Defense Environmental Management Privatization
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management activities
authorized by the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $228,000,000, to remain available until expended.
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,
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, $1,651,809,000, to remain
available until expended: Provided, That not to exceed $5,000 may be
used for official reception and representation expenses for national
security and nonproliferation activities.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $112,000,000, to remain
available until expended.
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
Northeast Oregon Hatchery Master Plan, and for official reception and
representation expenses in an amount not to exceed $1,500.
During fiscal year 2000, no new direct loan obligations may be
made.
Operation and Maintenance, Southwestern Power Administration
(including transfer of funds)
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
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 the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $27,940,000, to remain available until expended, of which
$773,000 shall be derived by transfer from unobligated balances in
``Operation and Maintenance, Southeastern Power Administration''; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $4,200,000 in reimbursements, to remain available until
expended.
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, $171,471,000, to remain
available until expended, of which $160,286,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,036,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $1,309,000, 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 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
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),
$174,950,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $174,950,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2000 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 2000 so as to result in a final fiscal year 2000 appropriation
from the General Fund estimated at not more than $0.
GENERAL PROVISIONS
Sec. 301. (a) None of the funds appropriated by this Act may be
used to award a management and operating contract unless such contract
is awarded using competitive procedures or the Secretary of Energy
grants, on a case-by-case basis, a waiver to allow for such a
deviation. The Secretary may not delegate the authority to grant such a
waiver.
(b) At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.
Sec. 302. (a) None of the funds appropriated by this Act may be
used to award, amend, or modify a contract in a manner that deviates
from the Federal Acquisition Regulation, unless the Secretary of Energy
grants, on a case-by-case basis, a waiver to allow for such a
deviation. The Secretary may not delegate the authority to grant such a
waiver.
(b) At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.
Sec. 303. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
Sec. 304. None of the funds appropriated by this Act may be used to
augment the $20,000,000 made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
Sec. 305. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 306. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred 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. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary of
Energy may use funds appropriated by this Act to enter into or continue
multi-year contracts for the acquisition of property or services under
the head, ``Energy Supply'' without obligating the estimated costs
associated with any necessary cancellation or termination of the
contract. The Secretary of Energy may pay costs of termination or
cancellation from--
(1) appropriations originally available for the performance
of the contract concerned;
(2) appropriations currently available for procurement of
the type of property or services concerned, and not otherwise
obligated; or
(3) funds appropriated for those payments.
Sec. 308. None of the funds in this Act may be used for Laboratory
Directed Research and Development or Director's Discretionary Research
and Development.
Sec. 309. Of the funds appropriated by this title to the Department
of Energy, not more than $125,000,000 shall be available for
reimbursement of contractor travel expenses.
Sec. 310. (a) None of the funds in this Act or any future Energy
and Water Development Appropriations Act may be expended under a
covered contract unless the funds are expended in accordance with a
Laboratory Funding Plan that has been approved by the Secretary of
Energy. The Plan shall be submitted on a quarterly basis, or at such
intervals as may be prescribed by the Secretary. The Secretary's
approval of the Plan may include adjusting or deleting particular items
or categories of items proposed in the Plan.
(b) For purposes of this section, ``covered contract'' means a
contract for the management and operation of the Los Alamos National
Laboratory, Lawrence Livermore National Laboratory, or Sandia National
Laboratories.
Sec. 311. As part of the Department of Energy's approval of
laboratory funding for Los Alamos National Laboratory, Lawrence
Livermore National Laboratory, and Sandia National Laboratories, the
Secretary shall review and approve the incentive structure for
contractor fees, the amounts of award fees to be made available for the
next year, the salaries of first and second tier laboratory management,
and the overhead costs.
Sec. 312. None of the funds provided in this Act may be used to
establish or maintain independent centers at a Department of Energy
laboratory or facility unless such funds have been specifically
identified in the budget submission.
Sec. 313. None of the funds provided in this Act may be used to
waive overhead or added factor charges for work performed for other
Federal agencies or for other Department of Energy programs.
Sec. 314. Sec. 505 of Public Law 102-377, the Fiscal Year 1993
Energy and Water Development Appropriations Act, and section 208 of
Public Law 99-349, the Urgent Supplemental Appropriations Act, 1986,
are repealed.
Sec. 315. None of the funds made available in this or any other Act
may be used to restart the High Flux Beam Reactor.
Sec. 316. None of the funds provided in this or any other Act may
be used by the Federal power marketing administrations for
construction, expansion or upgrades of fiber optic telecommunication
lines, associated facilities or purchase of equipment directly related
to such efforts, except for fiber optic cable that is necessary for the
foreseeable future for internal management of programs of the Federal
power marketing administrations. Federal power marketing
administrations shall apply any reduction in spending resulting from
the restrictions in the section to the reduction of debt of the Federal
power marketing administration.
Sec. 317. None of the funds provided in this or any other Act may
be used by the Federal power marketing administrations to:
(1) rent or sell construction equipment;
(2) provide construction, equipment, operation, maintenance
or repair services;
(3) perform contract construction work;
(4) provide a construction engineering service; or
(5) provide financing or leasing services for construction,
maintenance, operational or engineering services to any private
utility, wholesale or retail customer (other than those
existing retail customers served by the Federal power marketing
administration prior to the date of the enactment of this
provision), publicly-owned utility, Federal agency, or state or
local government entity. The Federal power marketing
administrations may provide equipment or a service to a private
contractor that is engaged in electrical work on an electrical
utility project of the Federal power marketing administration.
As used in this section, the term ``used construction
equipment'' means construction equipment that has been in
service for more than 2,500 hours. Any Federal power marketing
administration may dispose of used construction equipment by
means of a public auction conducted by a private entity that is
independent of the Federal power marketing administration.
Federal power marketing administrations shall apply all
proceeds of a disposition of used construction equipment to the
reduction of debt of the Federal power marketing
administration.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, 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,
$60,000,000, 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, $16,500,000, to
remain available until expended.
DENALI COMMISSION
(rescission)
Of the funds made available under this heading in Public Law 105-
245, $18,000,000 is rescinded.
NUCLEAR REGULATORY COMMISSION
Salaries and Expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), $455,400,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $19,150,000 shall be derived from the Nuclear
Waste Fund: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$432,400,000 in fiscal year 2000 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 $3,850,000 of the funds herein appropriated for
regulatory reviews and other assistance provided to the Department of
Energy and other Federal agencies shall be excluded from license fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2000 so as to result in a final fiscal year
2000 appropriation estimated at not more than $23,000,000.
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, as
amended, $6,000,000, to remain available until expended: Provided, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2000 so as to result in a final fiscal year
2000 appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by section 5051 of Public Law 100-203, $2,600,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V--GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in section 1913
of title 18, United States Code.
Sec. 502. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 503. (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.
Sec. 504. Section 6101(a)(3) of the Omnibus Budget Reconciliation
Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) is amended by striking
``September 30, 1999'' and inserting ``September 30, 2000''.
Sec. 505. Title VI, division C, of Public Law 105-277, Making
Omnibus Consolidated and Emergency Supplemental Appropriations for
Fiscal Year 1999, is repealed.
Sec. 506. Section 211(e)(2)(A) of the Water Resources Development
Act of 1996 (Public Law 104-303, 110 Stat. 3682) is amended by striking
``in advance in appropriations Acts''.
Sec. 507. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the
Senate for advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2000''.
Passed the House of Representatives July 27, 1999.
Attest:
JEFF TRANDAHL,
Clerk.