H. R. 4818—150
grants, on a case-by-case basis, a waiver to allow for such a devi-
ation. The Secretary may not delegate the authority to grant such
a waiver. At least 60 days before a contract award for which
the Secretary intends to grant such a waiver, the Secretary shall
submit to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report notifying the Committees
of the waiver and setting forth, in specificity, the substantive rea-
sons why the Secretary believes the requirement for competition
should be waived for this particular award.
SEC. 302. 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; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the funds 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; 42
U.S.C. 7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appropriate
congressional committees.
SEC. 304. 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. 305. 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fund for the same time period as originally enacted.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. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform 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.
SEC. 307. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input
from universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation
of a university or other potential user as a formal partner in
the establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a partner.
For purposes of this section, the term ‘‘user facility’’ includes, but
is not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
H. R. 4818—151
National Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear
weapons research, development, testing or production facility to
engage in research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities at such
facility in order to maintain and enhance such capabilities at such
facility: Provided, That of the amount allocated to a covered nuclear
weapons facility each fiscal year from amounts available to the
Department of Energy for such fiscal year for national security
programs, not more than an amount equal to 2 percent of such
amount may be used for these activities: Provided further, That
for purposes of this section, the term ‘‘covered nuclear weapons
facility’’ means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
(5) The Nevada Test Site.
SEC. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2005 until the enactment of
the Intelligence Authorization Act for fiscal year 2005.
SEC. 310. (a) The Secretary of Energy was directed to file
a permit modification to the Waste Analysis Plan (WAP) and associ-
ated provisions contained in the Hazardous Waste Facility Permit
for the Waste Isolation Pilot Plant (WIPP). For purposes of deter-
mining hereafter compliance of the modifications to the WAP with
the hazardous waste analysis requirements of the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), or other applicable laws
waste confirmation for all waste received for storage and disposal
shall be limited to: (1) confirmation that the waste contains no
ignitable, corrosive, or reactive waste through the use of either
radiography or visual examination of a statistically representative
subpopulation of the waste; and (2) review of the Waste Stream
Profile Form to verify that the waste contains no ignitable, corrosive,
or reactive waste and that assigned Environmental Protection
Agency hazardous waste numbers are allowed for storage and dis-
posal by the WIPP Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards
of the WAP hereafter shall be demonstrated exclusively by moni-
toring airborne volatile organic compounds in underground disposal
rooms in which waste has been emplaced until panel closure.
SEC. 311. Section 3113 of Public Law 102–486 (42 U.S.C.
2297h–11) is amended by adding a new paragraph (4) to subsection
(a), as follows:
‘‘(4) In the event that a licensee requests the Secretary
to accept for disposal depleted uranium pursuant to this sub-
section, the Secretary shall be required to take title to and
possession of such depleted uranium at an existing DUF6 stor-
age facility.’’.
SEC. 312. The Department of Energy may use the funds appro-
priated by this Act to undertake any procurement action necessary
H. R. 4818—152
to achieve its small business contracting goals set forth in subsection
(g) of the Small Business Act, 15 U.S.C. 644(g): Provided, That,
none of the funds appropriated by this Act may be used by the
Department of Energy for procurement actions resulting from the
break-out of requirements from current facility management and
operating contracts unless, consistent with requirements of Subpart
19.4 of the Federal Acquisition Regulation, the Secretary of Energy
or his duly authorized designee formally requests, considers, and
renders an appropriate decision on the views of the Small Business
Administration Breakout Procurement Center Representative or
the Representative’s duly authorized designee concerning cost
effectiveness, mission performance, security, safety, small business
participation, and other legitimate acquisition objectives of procure-
ment actions at issue. No later than April 1, 2005, the Secretary
of Energy shall submit a report to the Comptroller General and
to Congress discussing the Secretary’s plans required by section
15(h) of the Small Business Act, 15 U.S.C. 644(h), for meeting
the Department’s statutory small business contracting goals while
taking into account other legitimate acquisition objectives. In pre-
paring the report, the Secretary shall request and consider the
views of the Administrator of the Small Business Administration
and the Director of the Office of Small and Disadvantaged Business
Utilization of the Department of Energy. The report shall discuss
the Department’s policies and activities concerning break-outs of
procurement requirements from current management and operating
contracts, consistent with requirements of this Act, section 15(h)
of the Small Business Act, and Subpart 19.4 of the Federal Acquisi-
tion Regulations.
SEC. 313. None of the funds appropriated by this Act may
be used by the Department of Energy to require its management
and operating contractors to perform contract management, over-
sight, or administration functions prohibited by section 7.503 of
the Federal Acquisition Regulation in connection with any small
business prime contract awarded by the Department of Energy.
SEC. 314. 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. For the purpose of
this section, the material categories of transuranic waste at the
Rocky Flats Environmental Technology Site include: (1) ash resi-
dues; (2) salt residue; (3) wet residues; (4) direct repackage residues;
and (5) scrub alloy as referenced in the ‘‘Final Environmental
Impact Statement on Management of Certain Plutonium Residues
and Scrub Alloy Stored at the Rocky Flats Environmental Tech-
nology Site’’.
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 alter-
nate on the Appalachian Regional Commission, for payment of