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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),
$166,500,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $166,500,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 1999 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
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expended: Provided further, That the sum herein appro-
priated from the General Fund shall be reduced as reve-
nues 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 con-
tract is awarded using competitive procedures or 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. 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
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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—
(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 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 $29,800,000 made available for obligation by this Act
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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. 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.
SEC. 306. (a) Except as provided in subsection (b),
none of the funds appropriated by this Act or any prior
appropriations Act may be used by any program, project,
or activity of the Department of Energy to produce or pro-
vide articles or services for the purpose of selling the arti-
cles or services to a person outside the Federal Govern-
ment, unless the Secretary of Energy determines that the
articles or services are not available from a commercial
source in the United States.
(b) Subsection (a) does not apply to the transmission
and sale of electricity by any Federal power marketing ad-
ministration.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 307. 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-
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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, for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $65,900,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities 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.
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NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carry-
ing 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 $5,000); $462,700,000, to remain available
until expended: Provided, That of the amount appro-
priated herein, $14,800,000 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $444,700,000 in fiscal year 1999
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That $3,200,000 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 ap-
propriated shall be reduced by the amount of revenues re-
ceived during fiscal year 1999 so as to result in a final
fiscal year 1999 appropriation estimated at not more than
$18,000,000.
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OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,800,000, to remain
available until expended: Provided, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 1999 so as to result in a final
fiscal year 1999 appropriation estimated at not more than
$0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $2,600,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
TITLE V—GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in section
1913 of title 18, United States Code.
SEC. 502. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
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ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 503. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain
for the San Luis Unit until development by the Secretary
of the Interior and the State of California of a plan, which
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shall conform to the water quality standards of the State
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detrimen-
tal effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the
Interior as reimbursable or nonreimbursable and collected
until fully repaid pursuant to the ‘‘Cleanup Program—
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-
native Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 1995’’, prepared by the Department of the Interior,
Bureau of Reclamation. Any future obligations of funds
by the United States relating to, or providing for, drainage
service or drainage studies for the San Luis Unit shall
be fully reimbursable by San Luis Unit beneficiaries of
such service or studies pursuant to Federal Reclamation
law.
SEC. 504. None of the funds made available in this
or any other Act may be used to restart the High Flux
Beam Reactor.
SEC. 505. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990, as amended, (42 U.S.C.
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2214(a)(3)) is amended by striking ‘‘September 30, 1998’’
and inserting ‘‘September 30, 1999’’.
SEC. 506. (a) Funds appropriated for ‘‘Nuclear Reg-
ulatory Commission—Salaries and Expenses’’ shall be
available to the Commission for the following additional
purposes:
(1) Employment of aliens.
(2) Services authorized by section 3109 of title
5, United States Code.
(3) Publication and dissemination of atomic in-
formation.
(4) Purchase, repair, and cleaning of uniforms.
(5) Reimbursements to the General Services
Administration for security guard services.
(6) Hire of passenger motor vehicles and air-
craft.
(7) Transfers of funds to other agencies of the
Federal Government for the performance of the
work for which such funds are appropriated, and
such transferred funds may be merged with the ap-
propriations to which they are transferred.
(8) Transfers to the Office of Inspector General
of the Commission, not to exceed an additional
amount equal to 5 percent of the amount otherwise
appropriated to the Office for the fiscal year. Notice
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of such transfers shall be submitted to the Commit-
tees on Appropriations.
(b) Funds appropriated for ‘‘Nuclear Regulatory
Commission—Office of Inspector General’’ shall be avail-
able to the Office for the additional purposes described
in paragraphs (2) and (7) of subsection (a).
(c) Moneys received by the Commission for the coop-
erative nuclear research program, services rendered to
State governments, foreign governments, and inter-
national organizations, and the material and information
access authorization programs, including criminal history
checks under section 149 of the Atomic Energy Act of
1954 (42 U.S.C. 2169) may be retained and used for sala-
ries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302, and shall remain available until
expended.
(d) This section shall apply to fiscal year 1999 and
each succeeding fiscal year.
SEC. 507. Sec. 505 of Public Law 102–377, the Fis-
cal Year 1993 Energy and Water Development Appropria-
tions Act, and section 208 of Public Law 99–349, the Ur-
gent Supplemental Appropriations Act, 1986, are re-
pealed.
IMPLEMENTATION OF EXTERNAL REGULATION
SEC. 508. (a) TRANSFER OF AUTHORITY.—Notwith-
standing any other provision of law, no later than March
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31, 1999, the Department of Energy shall not implement
and enforce its own regulatory system, through rules, reg-
ulations, orders, or standards, with regard to the Ernest
Orlando Lawrence Berkeley National Laboratory for envi-
ronment, safety, and health, but shall be regulated by the
appropriate Federal, State, and local agencies as provided
by the applicable Federal, State, and local laws and regu-
lations: Provided, That for this facility, the Department
shall be deemed to be a ‘‘person’’ under the Atomic En-
ergy Act of 1954, as amended.
(b) DEPARTMENT OF ENERGY REPORTING REQUIRE-
MENT.—By October 31, 1998, the Secretary of Energy
shall transmit to the Congress a plan for termination of
its authority to regulate its contractors and to self-regu-
late its own operations in the areas of environment, safety,
and health at the facility named in section (a). The report
shall include—
(1) A detailed transition plan, giving the sched-
ule for termination of self-regulation authority as
outlined in section (a), including the activities to be
coordinated with the Nuclear Regulatory Commis-
sion (NRC) and the Occupational Safety and Health
Administration (OSHA);
(2) A description of any issues remaining to be
resolved with the NRC and OSHA or other external
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active material, and ionizing radiation generating ma-
chines at Department of Energy facilities. The report
shall:
(1) Recommend what statutory changes, if any,
would be needed to provide the Commission with the
authority to regulate accelerator use at Department
of Energy facilities;
(2) Identify what additional Commission re-
sources would be needed to accomplish such regula-
tion; and
(3) Identify any existing technical or regulatory
obstacles to the Commission regulation of accelera-
tor use.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1999’’.
Calendar No. 327
105TH CONGRESS
2D SESSION
H. R. 4060
[Report No. 105–581]
A BILL
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30,
1999, and for other purposes.
JUNE 16, 1998
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed