241 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,959,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, 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 Regu-
latory Commission to carry out the provisions of the De-
partment 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, 
$273,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $273,400,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2009 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
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are received during fiscal year 2009 so as to result in a 
final fiscal year 2009 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
SEC. 301. CONTRACT COMPETITION. (a) None of the 
funds in this or any other appropriations Act for fiscal 
year 2009 or any previous fiscal year may be used to make 
payments for a noncompetitive management and operating 
contract, or a contract for environmental remediation or 
waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating 
contract site or facility, or to award a significant extension 
or expansion to an existing management and operating 
contract, or other contract covered by this section, 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) Within 30 days of formally notifying an incum-
bent contractor that 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 
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and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition 
should be waived for this particular award. 
(c) In this section the term ‘‘competitive procedures’’ 
has the meaning provided in section 4 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403) and includes 
procedures described in section 303 of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
253) other than a procedure that solicits a proposal from 
only one source. 
SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. 
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 Con-
gress. 
SEC. 303. DEPARTMENT OF ENERGY DEFENSE NU-
CLEAR FACILITIES WORKFORCE RESTRUCTURING. None 
of the funds appropriated by this Act may be used— 
(1) to augment the funds made available for ob-
ligation by this Act for severance payments and 
other benefits and community assistance grants 
under section 4604 of the Atomic Energy Defense 
Act (50 U.S.C. 2704) unless the Department of En-
ergy submits a reprogramming request to the appro-
priate congressional committees; or 
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(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under such section; or 
(3) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy. 
SEC. 304. UNEXPENDED BALANCES. The unex-
pended balances of prior appropriations provided for ac-
tivities in this Act may be available to the same appropria-
tion accounts for such activities established pursuant to 
this title. Available balances 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. 305. BONNEVILLE POWER AUTHORITY SERV-
ICE TERRITORY. None of the funds in this or any other 
Act for the Administrator of the Bonneville Power Admin-
istration may be used to enter into any agreement to per-
form energy efficiency services outside the legally defined 
Bonneville service territory, with the exception of services 
provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in 
advance that such services are not available from private 
sector businesses. 
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