[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2445 Referred in Senate (RFS)]
103d CONGRESS
1st Session
H. R. 2445
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29 (legislative day, June 22), 1993
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development for the fiscal
year ending September 30, 1994, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1994, for energy
and water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, beach erosion, and
related purposes.
General Investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $207,540,000, to remain available until expended, of
which funds are provided for the following projects in the amounts
specified:
Central Basin Groundwater Project, California, $750,000;
Los Angeles County Water Conservation, California,
$100,000;
Los Angeles River Watercourse Improvement, California,
$300,000;
Norco Bluffs, California, $150,000;
Rancho Palos Verdes, California, $80,000;
Biscayne Bay, Florida, $700,000;
Tampa Harbor, Alafia River and Big Bend, Florida, $250,000;
Indianapolis, White River, Central Waterfront, Indiana,
$4,000,000;
Lake George, Hobart, Indiana, $200,000;
Little Calumet River Basin (Cady Marsh Ditch), Indiana,
$310,000;
Ohio River Shoreline Flood Protection, Indiana, $400,000;
Hazard, Kentucky, $250,000;
Brockton, Massachusetts, $350,000;
Passaic River Mainstem, New Jersey, $17,000,000;
Broad Top Region, Pennsylvania, $400,000;
Juniata River Basin, Pennsylvania, $450,000;
Lackawanna River Basin Greenway Corridor, Pennsylvania,
$300,000;
Pocotaligo River and Swamp, South Carolina, $400,000;
Jennings Randolph Lake, West Virginia, $400,000;
Monongahela River Comprehensive, West Virginia, $600,000;
and
West Virginia Comprehensive, West Virginia, $500,000.
Construction, General
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $1,389,138,000, to
remain available until expended, of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, for one-half of the costs of construction and
rehabilitation of inland waterways projects, including rehabilitation
costs for the Lock and Dam 25, Mississippi River, Illinois and
Missouri, and GIWW-Brazos River Floodgates, Texas, projects, and of
which funds are provided for the following projects in the amounts
specified:
Rillito River, Arizona, $4,200,000;
Red River Emergency Bank Protection, Arkansas, $3,500,000;
Coyote and Berryessa Creeks, California, $4,000,000;
Sacramento River Flood Control Project (Glenn-Colusa
Irrigation District), California, $400,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$12,000,000;
Sonoma Baylands Wetland Demonstration Project, California,
$4,000,000;
Central and Southern Florida, Florida, $17,850,000;
Kissimmee River, Florida, $5,000,000;
Melaleuca Quarantine Facility, Florida, $1,000,000;
Casino Beach, Illinois, $820,000;
McCook and Thornton Reservoirs, Illinois, $13,000,000;
O'Hare Reservoir, Illinois, $5,000,000;
Des Moines Recreational River and Greenbelt, Iowa,
$2,700,000;
Barbourville (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $3,868,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $15,432,000;
Pike County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $5,000,000;
Salyersville, Kentucky, $1,000,000;
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $700,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $24,119,000;
Lake Pontchartrain and Vicinity (Jefferson Parish),
Louisiana, $200,000;
Red River Waterway, Mississippi River to Shreveport,
Louisiana, $65,000,000;
Anacostia River, Maryland and District of Columbia,
$700,000;
Clinton River Spillway, Michigan, $2,000,000;
Silver Bay Harbor, Minnesota, $2,600,000;
Stillwater, Minnesota, $2,400,000;
Sowashee Creek, Mississippi, $3,240,000;
Molly Ann's Brook, New Jersey, $1,000,000;
New York Harbor Collection and Removal of Drift, New York
and New Jersey, $3,900,000;
Rochester Harbor, New York, $4,000,000;
Wilmington Harbor Ocean Bar, North Carolina, $5,266,000;
West Columbus, Ohio, $5,000,000;
Lackawanna River Greenway Corridor, Pennsylvania,
$2,000,000;
South Central Pennsylvania Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, Pennsylvania, $10,000,000;
Fort Point, Galveston, Texas, $1,500,000;
Lake O' The Pines-Big Cypress Bayou, Texas, $300,000;
Red River Basin Chloride Control, Texas and Oklahoma,
$4,000,000;
Wallisville Lake, Texas, $1,000,000;
Richmond Filtration Plant, Virginia, $1,000,000;
Southern West Virginia Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, West Virginia, $3,500,000; and
State Road and Ebner Coulees, LaCrosse and Shelby,
Wisconsin, $1,467,000.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a, 702g-1), $352,475,000, to remain available until expended,
of which $2,400,000 is provided for the Eastern Arkansas Region,
Arkansas, project.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,691,350,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that fund, and of which
$18,000,000 shall be for construction, operation, and maintenance of
outdoor recreation facilities, to be derived from the special account
established by the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l), and of which funds are provided for the following
projects in the amounts specified:
Tucson Diversion Channel, Arizona, $550,000;
Los Angeles River (Sepulveda Basin to Arroyo Seco),
California, $400,000;
Oceanside Experimental Sand Bypass, California, $4,000,000;
Los Angeles County Drainage Area (Hansen Dam), California,
$2,790,000;
Flint River Flood Control, Michigan, $2,500,000;
Sauk Lake, Minnesota, $40,000; and
New Madrid County Harbor, Missouri, $250,000:
Provided, That not to exceed $7,000,000 shall be available for
obligation for national emergency preparedness programs.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $92,000,000, to remain
available until expended.
Flood Control and Coastal Emergencies
For expenses necessary for emergency flood control, hurricane, and
shore protection activities, as authorized by section 5 of the Flood
Control Act approved August 18, 1941, as amended, $20,000,000, to
remain available until expended.
Oil Spill Research
For expenses necessary to carry out the purposes of the Oil Spill
Liability Trust Fund, pursuant to Title VII of the Oil Pollution Act of
1990, $350,000, to be derived from the Fund and to remain available
until expended.
General Expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, and the Water
Resources Support Center, $148,500,000, to remain available until
expended: Provided, That not to exceed $54,855,000 of the funds
provided in this Act shall be available for general administration and
related functions in the Office of the Chief of Engineers: Provided
further, That no part of any other appropriation provided in Title I of
this Act shall be available to fund the activities of the Office of the
Chief of Engineers.
Administrative Provisions
During the current fiscal year the revolving fund, Corps of
Engineers, shall be available for purchase (not to exceed 100 for
replacement only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. None of the funds provided in this Act may be used to
close any Corps of Engineers District Office.
Sec. 102. None of the funds provided in this Act may be used to
transfer any functions of any Corps of Engineers District Office.
Sec. 103. None of the funds provided in this Act may be used to
fund the activities of the Office of the Assistant Secretary of the
Army for Civil Works.
Sec. 104. Any funds heretofore appropriated and made available in
Public Law 100-202 to carry out the provisions for the harbor
modifications of the Cleveland Harbor, Ohio, project contained in
Public Law 99-662; and in Public Law 102-104 for the development of
Gateway Park at the Lower Granite Lock and Dam Project, Washington, may
be utilized by the Secretary of the Army in carrying out projects and
activities funded by this Act.
Sec. 105. None of the funds provided in this Act shall be used to
implement Defense Management Review Decision No. 918, dated September
15, 1992, to transfer from the Corps of Engineers property
accountability of automated data processing equipment and software
acquired with funds from the revolving fund established by the Act of
July 27, 1953, chapter 245, 33 U.S.C. 576.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project Completion Account
For the purpose of carrying out provisions of the Central Utah
Project Completion Act, Public Law 102-575 (106 Stat. 4605),
$25,770,000, to remain available until expended, of which $15,920,000
shall be to carry out the activities authorized under title II of the
Act, and of which $9,850,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account: Provided, That of the
amounts deposited into the Account, $5,000,000 shall be considered the
Federal Contribution authorized by paragraph 402(b)(2) of the Act and
$4,850,000 shall be available to the Utah Reclamation Mitigation and
Conservation Commission to carry out the activities authorized under
title III of the Act: Provided further, That, notwithstanding any other
provision of law, of the amounts available for activities authorized
under title II of the Act, not to exceed $500,000 shall be available
for necessary expenses incurred in carrying out the responsibilities of
the Secretary of the Interior under the Act.
Bureau of Reclamation
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32
Stat. 388, and Acts amendatory thereof or supplementary thereto) and
other Acts applicable to that Bureau as follows:
general investigations
For engineering and economic investigations of proposed Federal
reclamation projects and studies of water conservation and development
plans and activities preliminary to the reconstruction, rehabilitation
and betterment, financial adjustment, or extension of existing
projects, to remain available until expended, $13,109,000: Provided,
That, of the total appropriated, the amount for program activities
which can be financed by the reclamation fund shall be derived from
that fund: Provided further, That funds contributed by non-Federal
entities for purposes similar to this appropriation shall be available
for expenditure for the purposes for which contributed as though
specifically appropriated for said purposes, and such amounts shall
remain available until expended.
construction program
(including transfer of funds)
For construction and rehabilitation of projects and parts thereof
(including power transmission facilities for Bureau of Reclamation use)
and for other related activities as authorized by law, to remain
available until expended, $464,423,000 of which $46,507,000 shall be
available for transfer to the Upper Colorado River Basin Fund
authorized by section 5 of the Act of April 11, 1956 (43 U.S.C. 620d),
and $160,470,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund authorized by section 403 of the Act of
September 30, 1968 (43 U.S.C. 1543), and such amounts as may be
necessary shall be considered as though advanced to the Colorado River
Dam Fund for the Boulder Canyon Project as authorized by the Act of
December 21, 1928, as amended: Provided, That of the total
appropriated, the amount for program activities which can be financed
by the reclamation fund shall be derived from that fund: Provided
further, That transfers to the Upper Colorado River Basin Fund and
Lower Colorado River Basin Development Fund may be increased or
decreased by transfers within the overall appropriation under this
heading: Provided further, That funds contributed by non-Federal
entities for purposes similar to this appropriation shall be available
for expenditure for the purposes for which contributed as though
specifically appropriated for said purposes, and such funds shall
remain available until expended: Provided further, That no part of the
funds herein approved shall be available for construction or operation
of facilities to prevent waters of Lake Powell from entering any
national monument: Provided further, That all costs of the safety of
dams modification work at Coolidge Dam, San Carlos Irrigation Project,
Arizona, performed under the authority of the Reclamation Safety of
Dams Act of 1978 (43 U.S.C. 506), as amended, are in addition to the
amount authorized in section 5 of said Act.
operation and maintenance
For operation and maintenance of reclamation projects or parts
thereof and other facilities, as authorized by law; and for a soil and
moisture conservation program on lands under the jurisdiction of the
Bureau of Reclamation, pursuant to law, to remain available until
expended, $282,898,000: Provided, That of the total appropriated, the
amount for program activities which can be financed by the reclamation
fund shall be derived from that fund, and the amount for program
activities which can be derived from the special fee account
established pursuant to the Act of December 22, 1987 (16 U.S.C. 460l-
6a, as amended), may be derived from that fund: Provided further, That
of the total appropriated, such amounts as may be required for
replacement work on the Boulder Canyon Project which would require
readvances to the Colorado River Dam Fund shall be readvanced to the
Colorado River Dam Fund pursuant to section 5 of the Boulder Canyon
Project Adjustment Act of July 19, 1940 (43 U.S.C. 618d), and such
readvances since October 1, 1984, and in the future shall bear interest
at the rate determined pursuant to section 104(a)(5) of Public Law 98-
381: Provided further, That funds advanced by water users for operation
and maintenance of reclamation projects or parts thereof shall be
deposited to the credit of this appropriation and may be expended for
the same purpose and in the same manner as sums appropriated herein may
be expended, and such advances shall remain available until expended:
Provided further, That revenues in the Upper Colorado River Basin Fund
shall be available for performing examination of existing structures on
participating projects of the Colorado River Storage Project.
In addition, to remain available until expended, such sums as may
be necessary to cover the cost of work associated with rebuilding the
Minidoka Powerplant, Minidoka Project, Idaho, to be offset by funds
provided by the Bonneville Power Administrator as authorized by section
2406 of Public Law 102-486. Such offset will result in a final
appropriation estimated at no more than $282,898,000.
bureau of reclamation loans program account
For the cost, as defined in section 13201 of the Budget Enforcement
Act of 1990, of direct loans and/or grants, $11,563,000, 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: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $18,726,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $600,000: Provided, That of the
total sums appropriated, the amount of program activities which can be
financed by the reclamation fund shall be derived from the 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, to remain available until expended,
such sums as may be assessed and collected in the Central Valley
Project Restoration Fund in fiscal year 1993 and such sums as become
available in, and may be derived from, the Central Valley Project
Restoration Fund in fiscal year 1994, pursuant to sections 3407(d),
3404(c)(3), 3405(f) and 3406(c)(1) of Public Law 102-575: Provided,
That the Bureau of Reclamation is directed to levy additional
mitigation and restoration payments totaling $30,000,000 (October 1992
price levels), as authorized by section 3407(d) of Public Law 102-575:
Provided further, That the Bureau of Reclamation is directed to assess
and collect payments, revenues and surcharges in the amounts and manner
authorized by sections 3404(c)(3), 3405(f) and 3406(c)(1) of Public Law
102-575, respectively.
general administrative expenses
For necessary expenses of general administration and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, $54,034,000,
of which $1,171,000 shall remain available until expended, the total
amount to be derived from the reclamation fund and to be
nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377):
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted for the current fiscal
year as general administrative expenses.
emergency fund
For an additional amount for the ``Emergency fund'', as authorized
by the Act of June 26, 1948 (43 U.S.C. 502), as amended, to remain
available until expended for the purposes specified in said Act,
$1,000,000, to be derived from the reclamation fund.
special funds
(transfer of funds)
Sums herein referred to as being derived from the reclamation fund
or special fee account are appropriated from the special funds in the
Treasury created by the Act of June 17, 1902 (43 U.S.C. 391) or the Act
of December 22, 1987 (16 U.S.C. 460l-6a, as amended), respectively.
Such sums shall be transferred, upon request of the Secretary, to be
merged with and expended under the heads herein specified; and the
unexpended balances of sums transferred for expenditure under the head
``General Administrative Expenses'' shall revert and be credited to the
reclamation fund.
administrative provisions
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 13 passenger motor vehicles for replacement
only.
TITLE III
DEPARTMENT OF ENERGY
Energy Supply, Research and Development Activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for energy supply,
research and development activities, and other 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; purchase of passenger motor vehicles (not
to exceed 24, of which 18 are for replacement only), $3,167,634,000 to
remain available until expended, of which $10,000,000 shall be for
hydrogen research and development.
Uranium Supply and Enrichment Activities
For expenses of the uranium program, including payment to the
Tennessee Valley Authority under the settlement agreement filed with
the United States Claims Court on December 18, 1987, $160,000,000, to
remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
(including transfer of funds)
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, $286,320,000 to be derived
from the fund, to remain available until expended; and in addition,
$49,679,000 in unexpended balances, consisting of $6,267,000 of
unobligated balances and $43,412,000 of obligated balances, are
transferred from the Uranium Supply and Enrichment Activities account,
to be available for such expenses.
General Science and Research Activities
For expenses of the Department of Energy activities including the
purchase, construction and acquisition of plant and capital equipment
and other expenses incidental thereto necessary for general science and
research 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 facility or for
plant or facility acquisition, construction, or expansion; purchase of
passenger motor vehicles (not to exceed 15 for replacement only),
$1,194,114,000, to remain available until expended: Provided, That no
funds may be obligated for construction of a B-factory until
completion, by October 31, 1993, of a technical review of the Cornell
and Stanford linear accelerator proposals by the Department of Energy
and the National Science Foundation: Provided further, That none of the
funds made available under this section for Department of Energy
facilities may be obligated or expended for food, beverages,
receptions, parties, country club fees, plants or flowers pursuant to
any cost-reimbursible contract.
Nuclear Waste Disposal Fund
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, $260,000,000, to remain
available until expended, to be derived from the Nuclear Waste Fund. To
the extent that balances in the fund are not sufficient to cover
amounts available for obligation in the account, the Secretary shall
exercise her authority pursuant to section 302(e)(5) of said Act to
issue obligations to the Secretary of the Treasury: Provided, That of
the amount herein appropriated, within available funds, not to exceed
$5,500,000 may be provided to the State of Nevada, for the sole purpose
in the conduct of its oversight responsibilities pursuant to the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended:
Provided further, That of the amount herein appropriated, not more than
$7,000,000 may be provided to affected local governments, as defined in
the Act, to conduct appropriate activities pursuant to the Act.
Isotope Production and Distribution Program Fund
For Department of Energy expenses for isotope production and
distribution activities, $3,910,000, 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 weapons
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
passenger motor vehicles (not to exceed 109 for replacement only,
including one police-type vehicle), and the purchase of one rotary-wing
aircraft, $3,572,198,000, to remain available until expended.
defense environmental restoration and waste management
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 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 125 of which 122 are for replacement only
including 9 police-type vehicles), $5,185,877,000, to remain available
until expended.
materials support and other defense programs
(including transfer of funds)
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 materials
support, and 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; and the purchase of passenger motor vehicles (not to exceed
45 for replacement only), $2,046,592,000, to remain available until
expended: Provided, That the New Production Reactor Appropriation
Account shall be merged with and the balances made available to this
appropriation.
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, $120,000,000, to remain
available until expended, all of which shall be used in accordance with
the terms and conditions of the Nuclear Waste Fund appropriation of the
Department of Energy contained in this title.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
Departmental Administration and other activities 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),
$401,238,000 to remain available until expended, plus such additional
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 $239,209,000 in fiscal year 1994 may be retained and used for
operating expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of section 3302 of title 31, United
States Code: Provided further, That the sum herein appropriated shall
be reduced by the amount of miscellaneous revenues received during
fiscal year 1994 so as to result in a final fiscal year 1994
appropriation estimated at not more than $162,029,000.
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, $31,757,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Operation and Maintenance, Alaska Power Administration
For necessary expenses of operation and maintenance of projects in
Alaska and of marketing electric power and energy, $4,010,000, to
remain available until expended.
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
$3,000.
During fiscal year 1994, 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,
$29,742,000, 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, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 connected therewith, 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, $33,587,000, to remain available until
expended; in addition, notwithstanding the provisions of 31 U.S.C.
3302, not to exceed $5,583,000 in reimbursements, to remain available
until expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including transfer of funds)
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 authorized, including official reception and
representation expenses in an amount not to exceed $1,500, the
purchase, maintenance, and operation of one fixed-wing aircraft for
replacement only, $287,956,000, to remain available until expended, of
which $275,400,000 shall be derived from the Department of the Interior
Reclamation fund; in addition, $5,000,000 is appropriated for deposit
into the Utah Reclamation Mitigation and Conservation Account pursuant
to Title IV of the Reclamation Projects Authorization and Adjustment
Act of 1992: Provided further, That the Secretary of the Treasury is
authorized to transfer from the Colorado River Dam Fund to the Western
Area Power Administration $7,168,000, to carry out the power marketing
and transmission activities of the Boulder Canyon project as provided
in section 104(a)(4) of the Hoover Power Plant Act of 1984, to remain
available until expended.
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, including the hire of passenger motor vehicles; official
reception and representation expenses (not to exceed $3,000);
$165,375,000 to remain available until expended: Provided, That
hereafter and notwithstanding any other provision of law, not to exceed
$165,375,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 1994, shall be retained and
used for necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein appropriated
shall be reduced as revenues are received during fiscal year 1994, so
as to result in a final fiscal year 1994 appropriation estimated at not
more than $0.
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, and for necessary expenses for
the Federal Cochairman and the alternate on the Appalachian Regional
Commission and for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by section
3109 of title 5, United States Code, and hire of passenger motor
vehicles, to remain available until expended, $189,000,000.
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, $15,060,000, to
remain available until expended.
DELAWARE RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Delaware River Basin Commission, as authorized by
law (75 Stat. 716), $333,000.
Contribution to Delaware River Basin Commission
For payment of the United States share of the current expenses of
the Delaware River Basin Commission, as authorized by law (75 Stat.
706, 707), $488,000.
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
Contribution to Interstate Commission on the Potomac River Basin
To enable the Secretary of the Treasury to pay in advance to the
Interstate Commission on the Potomac River Basin the Federal
contribution toward the expenses of the Commission during the current
fiscal year in the administration of its business in the conservancy
district established pursuant to the Act of July 11, 1940 (54 Stat.
748), as amended by the Act of September 25, 1970 (Public Law 91-407),
$498,000.
NUCLEAR REGULATORY COMMISSION
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including the employment of
aliens; services authorized by section 3109 of title 5, United States
Code; publication and dissemination of atomic information; purchase,
repair, and cleaning of uniforms, official representation expenses (not
to exceed $20,000); reimbursements to the General Services
Administration for security guard services; hire of passenger motor
vehicles and aircraft, $542,900,000, to remain available until
expended, of which $22,000,000 shall be derived from the Nuclear Waste
Fund: Provided, That from this appropriation, transfer of sums may be
made to other agencies of the Government for the performance of the
work for which this appropriation is made, and in such cases the sums
so transferred may be merged with the appropriation to which
transferred: Provided further, That moneys received by the Commission
for the cooperative nuclear safety research program, services rendered
to foreign governments and international organizations, and the
material and information access authorization programs, including
criminal history checks under section 149 of the Atomic Energy Act of
1954, as amended, may be retained and used for salaries and expenses
associated with those activities, notwithstanding the provisions of
section 3302 of title 31, United States Code, and shall remain
available until expended: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $520,900,000 in fiscal year 1994 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding the provisions of section 3302 of title 31, United
States Code, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 1994 from licensing
fees, inspection services and other services and collections, excluding
those moneys received for the cooperative nuclear safety research
program, services rendered to foreign governments and international
organizations, and the material and information access authorization
programs, so as to result in a final fiscal year 1994 appropriation
estimated at not more than $22,000,000.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, including services authorized by section 3109 of title 5,
United States Code, $4,800,000 to remain available until expended; and
in addition, an amount not to exceed 5 percent of this sum may be
transferred from Salaries and Expenses, Nuclear Regulatory Commission:
Provided, That notice of such transfers shall be given to the
Committees on Appropriations of the House and Senate: Provided further,
That from this appropriation, transfers of sums may be made to other
agencies of the Government for the performance of the work for which
this appropriation is made, and in such cases the sums so transferred
may be merged with the appropriation to which transferred: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections shall be retained and used for necessary
salaries and expenses in this account, notwithstanding the provisions
of section 3302 of title 31, United States Code, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 1994 from licensing fees, inspection services, and other
services and collections, so as to result in a final fiscal year 1994
appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Salaries and Expenses
(including transfer of funds)
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,160,000, to be
transferred from the Nuclear Waste Fund and to remain available until
expended.
OFFICE OF THE NUCLEAR WASTE NEGOTIATOR
Salaries and Expenses
For necessary expenses of the office of the Nuclear Waste
Negotiator in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, as amended by Public Law 102-486, section 802,
$1,000,000 to remain available until expended.
SUSQUEHANNA RIVER BASIN COMMISSION
Salaries and Expenses
For expenses necessary to carry out the functions of the United
States member of the Susquehanna River Basin Commission as authorized
by law (84 Stat. 1541), $308,000.
Contribution to Susquehanna River Basin Commission
For payment of the United States share of the current expenses of
the Susquehanna River Basin Commission, as authorized by law (84 Stat.
1530, 1531), $298,000.
TENNESSEE VALLEY AUTHORITY
Tennessee Valley Authority Fund
For the purpose of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including
purchase, hire, maintenance, and operation of aircraft, and purchase
and hire of passenger motor vehicles, $138,973,000, to remain available
until expended.
TITLE V--GENERAL PROVISION
MINORITY PARTICIPATION IN THE SUPERCONDUCTING SUPER COLLIDER
Sec. 501. (a) Program Improvements.--Section 304 of the Energy and
Water Development Appropriations Act, 1993 (Public Law 102-377; 106
Stat. 1339) is amended--
(1) in subsection (a)--
(A) by striking ``owned or controlled'' and
inserting ``that (1) are owned and controlled'';
(B) by inserting after ``Native Americans'' the
following: ``; or (2) are small business concerns that
are at least 51 percent owned by 1 or more women and
whose management and daily business operations are
controlled by 1 or more women''; and
(C) by striking the last sentence;
(2) by inserting ``and (d)'' after ``(6)'' each place it
appears; and
(3) by adding at the end the following new subsection:
``(c) Administration of Program.--
``(1) Certification requirement.--A business concern or
other organization shall be eligible for participation under
this section only if it has been certified as meeting the
requirements specified in subsection (a) by the Small Business
Administration, or by a State, local, regional, or other
organization designated by the Small Business Administration.
``(2) Records and reports.--The Secretary of Energy, with
respect to the Superconducting Super Collider project, shall--
``(A) submit to the Congress copies of--
``(i) each subcontracting report for
individual contracts (SF294) required under the
Federal Acquisition Regulation (48 CFR chapter
1) to be submitted by a contractor or
subcontractor with respect to the project; and
``(ii) each summary subcontract report
(SF295) required under the Federal Acquisition
Regulation (48 CFR chapter 1) to be submitted
by a contractor or subcontractor with respect
to the project; and
``(B) maintain accurate information and data on the
amount and type of subcontracts awarded by each
contractor or subcontractor under the project and the
extent of participation in the subcontracts by socially
and economically disadvantaged individuals and
economically disadvantaged women referred to in
subsection (b).
``(3) Categories of work to be included.--The Secretary of
Energy shall, to the fullest extent possible, ensure that the
categories of work performed under contracts entered into
pursuant to this section are representative of all categories
of work performed under contract for the Superconducting Super
Collider project.
``(4) Audits.--The Secretary of Energy shall conduct
periodic audits to verify the continuing compliance of prime
contractors and subcontractors with the requirements of this
section. For such purpose, the Secretary shall have access to
such reports and records of prime contractors and
subcontractors as the Secretary determines to be necessary.''.
(b) Effective Date.--The amendments made by this section shall
apply to fiscal year 1994 and thereafter.
SEC. 502. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 503. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice To Recipients of Assistance.--In providing financial
assistance under this Act, the head of each Federal agency shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 504. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing 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, such person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1994''.
Passed the House of Representatives June 23, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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