THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents
H.R.2605
Energy and Water Development Appropriations Act, 2000 (Engrossed in
House )
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.
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Doc Contents