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. 7101 et seq.), and other related activities including
conservation and renewable resources programs as author-
ized, including the replacement of not more than two heli-
copters through transfers, exchanges, or sale, and official
reception and representation expenses in an amount not
to exceed $1,500, $189,043,000, to remain available until
expended, of which $182,806,000 shall be derived from
the Department of the Interior Reclamation Fund: Pro-
vided, 
That 
of 
the 
amount 
herein 
appropriated,
$5,432,000 is for deposit into the Utah Reclamation Miti-
gation 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, $970,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Adminis-
tration, as provided in section 423 of the Foreign Rela-
tions 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),
$162,141,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $162,141,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 1998 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 reve-
nues are received during fiscal year 1998 so as to result
in a final fiscal year 1998 appropriation from the General
Fund estimated at not more than $0.
DEPARTMENT OF ENERGY
GENERAL PROVISIONS
SEC. 301. 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. The preceding
sentence does not apply to a management and operating
contract for research and development activities performed
at a federally funded research and development center.
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 Sec-
retary of Energy grants, on a case-by-case basis, a waiver
to allow for such a deviation. The Secretary may not dele-
gate the authority to grant such a waiver.
(b) At least 60 days before a contract award, amend-
ment, 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 Represent-
atives and the Senate a report notifying the subcommit-
tees 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 award,
amend, or modify any contract for support services unless
a cost comparison conducted under the procedures and re-
quirements of Office of Management and Budget Circular
A–76 shows that the cost of performing the support serv-
ices by contractor personnel is lower than the cost of per-
forming such services by Department of Energy personnel.
SEC. 304. None of the funds appropriated by this Act
or any prior appropriations Act may be used to make pay-
ments under a management and operating contract for
providing products or services for use by Department of
Energy employees.
SEC. 305. None of the funds appropriated by this Act
or any prior appropriations Act may be used to—
(1) develop or implement a workforce restruc-
turing 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 of Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2644; 42 U.S.C. 7274h).
SEC. 306. None of the funds appropriated by this Act
or any prior appropriations Act may be used to augment
the $56,000,000 made available for obligation by this Act
for severance payments and other benefits and community
assistance grants under section 3161 of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2644; 42 U.S.C. 7274h).
SEC. 307. None of the funds appropriated by this Act
to initiate new construction projects in fiscal year 1998
by the Department of Energy may be obligated for such
a construction project until the Secretary of the Army,
acting through the Chief of Engineers—
(1) performs an independent assessment of the
cost, scope, and schedule of the construction project
and validates the accuracy of the Department of En-
ergy’s estimates for the cost, scope, and schedule for
the project; and
(2) submits to the Subcommittees on Energy
and Water Development of the Committees on Ap-
propriations of the House of Representatives and the
Senate a report on such assessment.
SEC. 308. None of the funds appropriated by this Act
or any prior appropriations Act may be used to prepare
or initiate requests for proposals for a program if the pro-
gram has not been funded by Congress.
SEC. 309. None of the funds appropriated by this Act
(including funds appropriated for salaries of employees of
the Department of Energy) may be used in any way, di-
rectly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before
Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 310. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said
Act, and for necessary expenses for the Federal Co-Chair-
man and the alternate on the Appalachian Regional Com-
mission and for payment of the Federal share of the ad-
ministrative expenses of the Commission, including serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $160,000,000, to remain available until ex-
pended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized