H. R. 4060—9
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $7,996,000, 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 $38,000,000.
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 appro-
priated, 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, $33,130,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion 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 ECOSYSTEM RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of the Interior and
other participating Federal agencies in carrying out the California
Bay-Delta Environmental Enhancement and Water Security Act,
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 such amounts as may be nec-
essary to conform with such plans shall be transferred to appro-
priate accounts of such Federal agencies: Provided, That such funds
may be obligated only as non-Federal sources provide their share
in accordance with the cost-sharing agreement required under sec-
tion 102(d) of such Act: Provided further, That such funds may
be obligated prior to the completion of a final programmatic environ-
mental 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, $47,000,000, 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.
H. R. 4060—10
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 6 passenger motor vehicles for replace-
ment only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For expenses of the Department of Energy activities 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 pur-
poses 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 22
passenger motor vehicles for replacement only, $727,091,000, of
which not to exceed $3,000 may be used for official reception and
representation expenses for transparency activities.
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 manage-
ment 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,
$431,200,000, 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, $220,200,000,
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 expenses of the Department of Energy activities 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 condemna-
tion of any real property or facility or for plant or facility acquisition,
H. R. 4060—11
construction, or expansion, and purchase of not to exceed 5 pas-
senger motor vehicles for replacement only, $2,682,860,000, to
remain available until expended: Provided, That $7,600,000 of the
unobligated balances originally available for Superconducting Super
Collider termination activities shall be made available for other
activities under this heading.
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, of which $165,000,000 is to
be derived from the Nuclear Waste Fund; and of which not to
exceed $250,000 may be provided to the Department of Energy
to reimburse the State of Nevada solely for expenditures, other
than salaries and expenses of State employees, to conduct scientific
oversight responsibilities pursuant to the Nuclear Waste Policy
Act of 1982, and not to exceed $5,540,000 may be provided to
affected local governments, as defined in Public Law 97–425, to
conduct appropriate activities pursuant to the Act: Provided, That
the distribution of the funds to the units of local government shall
be determined by the Department of Energy: Provided further,
That the funds shall be made available to the units of local govern-
ment by direct payment: Provided further, That within 90 days
of the completion of each Federal fiscal year, each local entity
shall provide certification to the Department of Energy, that all
funds expended from such payments have been expended for activi-
ties as defined in Public Law 97–425. Failure to provide such
certification shall cause such entity to be prohibited from any fur-
ther funding provided for similar activities: Provided further, That
none of the funds herein appropriated may be: (1) used directly
or indirectly to influence legislative action on any matter pending
before Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or
(3) used to support multi-state efforts or other coalition building
activities inconsistent with the restrictions contained in this Act.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary 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),
$200,475,000, to remain available until expended, plus such addi-
tional 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 $136,530,000 in fiscal
year 1999 may be retained and used for operating expenses within
this account, and may remain available until expended, as author-
ized by section 201 of Public Law 95–238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
H. R. 4060—12
appropriated shall be reduced by the amount of miscellaneous reve-
nues received during fiscal year 1999 so as to result in a final
fiscal year 1999 appropriation from the General Fund estimated
at not more than $63,945,000.
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, $29,000,000, 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 weap-
ons 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; the
purchase of not to exceed 1 fixed wing aircraft; and the purchase
of passenger motor vehicles (not to exceed 32 for replacement only,
and 1 bus), $4,400,000,000, to remain available until expended:
Provided, That funding for any ballistic missile defense program
undertaken by the Department of Energy for the Department of
Defense shall be provided by the Department of Defense according
to procedures established for Work for Others by the Department
of Energy.
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 passenger motor
vehicles (not to exceed 3 new sedans and 6 for replacement only,
of which 3 are sedans, 2 are buses, and 1 is an ambulance),
$4,310,227,000, 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 equip-
ment and other necessary expenses, $1,038,240,000, to remain avail-
able 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
H. R. 4060—13
Act (42 U.S.C. 7101 et seq.), $228,357,000, 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, $1,696,676,000,
to remain available until expended.
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, $189,000,000,
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 official
reception and representation expenses in an amount not to exceed
$1,500.
During fiscal year 1999, no new direct loan obligations may
be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy
pursuant to the provisions of section 5 of the Flood Control Act
of 1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $7,500,000, to remain available until expended; in addition,
notwithstanding 31 U.S.C. 3302, not to exceed $28,000,000 in
reimbursements, of which $20,000,000 is for transmission wheeling
and ancillary services and $8,000,000 is for power purchases at
the Richard B. Russell Project, to remain available until expended.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
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, sub-
stations 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, $26,000,000, to remain
H. R. 4060—14
available until expended; in addition, notwithstanding the provi-
sions 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,
$203,000,000, to remain available until expended, of which
$193,787,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $5,036,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $1,010,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the West-
ern 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), $167,500,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$167,500,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 1999 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 1999 so as to result in a final
fiscal year 1999 appropriation from the General Fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a) None of the funds appropriated by this Act or
any prior appropriations 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.
H. R. 4060—15
(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 or
any prior appropriations 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 or any
prior appropriations 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 or any
prior appropriations Act may be used to augment the $29,900,000
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 or any
prior appropriations 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 appropria-
tion 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
multi-year contracts for the acquisition of property or services with-
out 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
H. R. 4060—16
(3) funds appropriated for those payments.
SEC. 308. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of enactment
of this Act, or is generated after such date.
SEC. 309. CHANGE
OF NAME
OF
THE OFFICE
OF ENERGY
RESEARCH. (a) IN GENERAL.—Section 209 of the Department of
Energy Organization Act (42 U.S.C. 7139) is amended—
(1) in the section heading, by striking ‘‘ENERGY RESEARCH’’
and inserting ‘‘SCIENCE’’; and
(2) in subsection (a), by striking ‘‘Energy Research’’ and
inserting ‘‘Science’’.
(b) CONFORMING AMENDMENTS.—
(1) TABLE OF CONTENTS.—The table of contents in the first
section of the Department of Energy Organization Act (42
U.S.C. prec. 7101) is amended by striking the item relating
to section 209 and inserting the following:
‘‘Section 209. Office of Science.’’.
(2) REFERENCES IN OTHER LAW.—Each of the following is
amended by striking ‘‘Energy Research’’ and inserting ‘‘Science’’:
(A) The item relating to the Director, Office of Energy
Research, Department of Energy in section 5315 of title
5, United States Code.
(B) Section 2902(b)(6) of title 10, United States Code.
(C) Section 406(h)(2)(A)(v) of the Public Health Service
Act (42 U.S.C. 284a(h)(2)(A)(v)).
(D) Sections 3167(3) and 3168 of the Department of
Energy Science Education Enhancement Act (42 U.S.C.
7381d(3), 7381e).
(E) Paragraphs (1) and (2) of section 224(b) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10204(b)).
(F) Section 2203(b)(3)(A)(i) of the Energy Policy Act
of 1992 (42 U.S.C. 13503(b)(3)(A)(i)).
SEC. 310. MAINTENANCE
OF
SECURITY
AT
DOE URANIUM
ENRICHMENT PLANTS.—Section 3107(h) of the USEC Privatization
Act (42 U.S.C. 2297h–5(h)) is amended in paragraph (1), by striking
‘‘an adequate number of security guards’’ and inserting ‘‘all security
police officers’’; and by inserting the following paragraph:
‘‘(2) FUNDING.—
‘‘(A) The costs of arming and providing arrest authority
to the security police officers required under paragraph
(1) shall be paid as follows:
‘‘(i) the Department of Energy (the ‘‘Department’’)
shall pay the percentage of the costs equal to the
percentage of the total number of employees at the
gaseous diffusion plant who are: (I) employees of the
Department or the contractor or subcontractors of the
Department; or (II) employees of the private entity
leasing the gaseous diffusion plant who perform work
on behalf of the Department (including employees of
a contractor or subcontractor of the private entity);
and
‘‘(ii) the private entity leasing the gaseous diffusion
plant shall pay the percentage of the costs equal to
the percentage of the total number of employees at
H. R. 4060—17
the gaseous diffusion plant who are employees of the
private entity (including employees of a contractor or
subcontractor) other than those employees who perform
work for the Department.
‘‘(B) Neither the private entity leasing the gaseous
diffusion plant nor the Department shall reduce its pay-
ments under any contract or lease or take other action
to offset its share of the costs referred to in subparagraph
(A), and the Department shall not reimburse the private
entity for the entity’s share of these costs.
‘‘(C) Nothing in this subsection shall alter the Depart-
ment’s responsibilities to pay the safety, safeguards and
security costs associated with the Department’s highly
enriched uranium activities.’’.
SEC. 311. None of the funds in this Act may be used by
the Department of Energy to conduct pilot projects simulating exter-
nal regulation unless the Nuclear Regulatory Commission, the
Occupational Safety and Health Administration, and the appro-
priate State and local regulatory entities are included in the pilot
projects.
SEC. 312. Of the amounts provided in this title under the
heading, ‘‘Atomic Energy Defense Activities, Weapons Activities’’,
$57,000,000 shall not be available for obligation until September
30, 1999.
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,
notwithstanding section 405 of said Act, 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,
$66,400,000, to remain available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $20,000,000, to remain available
until expended, subject to enactment of authorization by law.
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.