Energy and Water Development Appropriations Act, 1998
For actions pursuant to the Line Item Veto Act (P.L. 104-130), see House Document 105-157.
Congressional Research Service
Official summary
Version 48 · Conference report filed in House · Sep 26, 1997
TABLE OF CONTENTS: Title I: Department of Defense--Civil Title II: Department of the Interior Title III: Department of Energy Title IV: Independent Agencies Title V: General Provisions Energy and Water Development Appropriations Act, 1998 - Title I: Department of Defense - Civil - Makes appropriations to the Department of the Army and its Corps of Engineers for FY 1998 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects; (4) certain flood control projects on the Mississippi River and its tributaries; (5) water development projects operation and maintenance; (6) the navigable waters and wetlands regulatory program; (7) flood control and coastal emergencies; (8) Formerly Utilized Sites Remedial Action Program; and (9) general expenses. Authorizes use of the Revolving Fund to construct an addition to the United States Army Corps of Engineers Alaska District main office building on Elmendorf Air Force Base. (Sec. 101) Prescribes guidelines under which the Secretary of the Army shall provide planning, design and construction assistance to non-Federal interests in implementing water-related environmental infrastructure and environmental resources development projects in Alaska. (Sec. 102) Prohibits the Secretary of the Army from using any funds to carry out any plan for, or otherwise construct, the Oak Way or the Sky Top detention structures in Berkeley Heights, New Jersey, as part of the flood control project, Green Brook Sub-basin, Raritan River Basin, New Jersey. Title II: Department of the Interior - Makes FY 1998 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation; (3) water and related resources; (4) Bureau of Reclamation Loan Program Account; (5) the Central Valley Project Restoration Fund; (6) California Bay-Delta Ecosystem Restoration; and (7) general administrative expenses. Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 1998 for: (1) energy supply and uranium supply and enrichment activities; (2) non-defense environmental management; (3) the Uranium Enrichment Decontamination and Decommissioning Fund; (4) science activities; (5) the Nuclear Waste Disposal Fund; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense environmental restoration and waste management; (10) defense facilities closure projects; (11) other DOE defense activities; (12) defense nuclear waste disposal; (13) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams under the Western Area Power Administration); and (14) the Federal Energy Regulatory Commission. (Sec. 301) Prohibits the use of appropriations under this Act or any other Act to: (1) award a management and operating contract unless the contract award uses competitive procedures; or (2) award or modify a contract in an manner that deviates from the Federal Acquisition Regulation, unless the Secretary of Energy grants a waiver on a case- by-case basis. (Sec. 303) Prohibits the use of appropriations under this Act or any other Act to: (1) develop or implement a workforce restructuring plan that covers DOE employees, or provides enhanced severance payments or other benefits for such employees pursuant to specified statute; or (2) prepare or initiate Requests for Proposals for a program that has not been funded by the Congress. (Sec. 306) Permits the transfer of unexpended balances from prior appropriations for activities in this Act to appropriation accounts established under this Act. Permits such transfers to be: (1) merged with funds in established accounts; and (2) accounted for thereafter as one fund for the same period as originally enacted. Title IV: Independent Agencies - Makes appropriations for FY 1998 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Nuclear Regulatory Commission (NRC); (4) the NRC Office of the Inspector General; (5) the Nuclear Waste Technical Review Board; and (6) the Tennessee Valley Authority. Title V: General Provisions - Prohibits the use of appropriations under this Act in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress, other than for specified communications. (Sec. 502) Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Prohibits contracts with persons falsely labeling products as "Made in America." (Sec. 503) Prohibits the use of appropriations under this this Act for: (1) contracts or grants to any institution of higher education that is currently ineligible for contracts and grants under specified law; (2) any contract with a contractor who has not submitted the most recent mandatory report under specified law; or (3) the Animas-La Plata Project in Colorado and New Mexico, except for specified activities. (Sec. 506) Amends the Reclamation Wastewater and Groundwater Act to authorize the Secretary of the Interior to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project, including the reclamation and use of nonpotable surface water. (Sec. 507) Amends the Yavapai-Prescott Indian Treaty Settlement Act of 1994 to increase authorizations for construction determined at 1997 prices. (Sec. 508) Grants the State of West Virginia credit towards a specified contractual contribution for the cost of recreational facilities (except golf course development) to be constructed by a joint venture of the State in cooperation with private interests for recreation development at Stonewall Jackson Lake. Directs the Corps of Engineers to revise both the 1977 recreation cost-sharing agreement and a specified lease to remove the requirement that such recreation facilities are to be owned by the Government at the time of their completion. (Sec. 509) Mandates that funds transferred by the United States Enrichment Corporation (USEC) to the Department of Energy be specifically retained and used for research and demonstration of Atomic Vapor Laser Isotope Separation (AVLIS) technology for uranium enrichment. (Sec. 510) Prohibits the use of any funds under this Act to determine the final discharge point for the San Luis Unit interceptor drain until development by the Secretary of the Interior and the State of California of a plan which complies with federally approved State water quality standards. Mandates repayment of the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program pursuant to specified Repayment Plans prepared by the Department of the Interior, Bureau of Reclamation. (Sec. 511) Amends the USEC Privatization Act to provide that statutory guidelines governing the authority of DOE contractors to carry firearms and make arrests in providing security at Federal installations shall also require the presence of an adequate number of security guards carrying sidearms at all times at the Gaseous Diffusion Plants in Paducah, Kentucky, and Portsmouth, Ohio. (Sec. 512) Prohibits the use of funds under this Act to restart the High Flux Beam Reactor.
Motion to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 404 - 17 (Roll no. 468).(consideration: CR H8173-8183)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the conference report.
Mr. McDade brought up conference report H. Rept. 105-271 for consideration under the provisions of H. Res. 254.
Rule H. Res. 254 passed House.
Rules Committee Resolution H. Res. 254 Reported to House. Rule provides for consideration of the conference report to H.R. 2203. Waiving all points of order against the conference report to accompany the bill. The conference report shall be considered as read.
Conference report H. Rept. 105-271 filed. (text of conference report: CR H7917-8003)
Conference report filed: Conference report H. Rept. 105-271 filed.(text of conference report: CR H7917-8003)
Mr. Rogers asked unanimous consent that managers on the part of the House have until midnight on Sept. 25 to file a conference report on H.R. 2203. Agreed to without objection.
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
The Speaker appointed conferees: McDade, Rogers, Knollenberg, Frelinghuysen, Parker, Callahan, Dickey, Livingston, Fazio, Visclosky, Edwards, Pastor, and Obey.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H6726)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees on the part of the House to recede to the Senate position relating to funding for nuclear non-proliferation activies.
Mr. Fazio moved that the House instruct conferees.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR H6725)
Mr. McDade asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference.
Senate appointed conferee Inouye by unanimous consent.
Message on Senate action sent to the House.
Senate insists on its amendment asks for a conference, appoints conferees Domenici; Cochran; Gorton; McConnell; Bennett; Burns; Craig; Stevens; Reid; Byrd; Hollings; Murray; Kohl; Dorgan. (consideration: CR S8175)
Passed Senate with an amendment by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Senate struck all after the Enacting Clause and substituted the language of S. 1004 amended.
Measure laid before Senate by unanimous consent. (consideration: CR S8175)
Received in the Senate, read twice.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 418 - 7 (Roll no. 329). (consideration: CR H5772-5775)
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2203.
RESUMPTION OF UNFINISHED BUSINESS - The Committee of the Whole proceeded to resume consideration of amendments left pending when the Committee rose previously. Votes will occur on the following amendments: Klug of Wisconsin; Markey of Massachusetts; Fazio of California substitute for Petri of Wisconsin; Petri of Wisconsin as amended or not.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H5793-5798)
Committee of the Whole House on the state of the Union rises leaving H.R. 2203 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. McDade moved that the Committee rise.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Fazio substitute to the Petri amendment, the Chair put the question on the Fazio amendment and Mr. Petri demanded a recorded vote. Pursuant to the provisions of H. Res. 194, further proceedings were postponed until later in the legislative day.
VOTE POSTPONED - At the conclusion of debate on the Markey amendment, the Chair put the question on the amendment and Mr. Markey demanded a recorded vote. Pursuant to the provisions of H. Res. 194, the Chair postponed further proceedings until Friday, July 25, 1997.
At the conclusion of debate, the Chair put the question on agreeing to the Klug amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Klug demanded a recorded vote. Further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with 20 minutes of debate on the Klug amendment.
Mr. McDade asked unanimous consent that the time for debate on the Klug amendment, and all amendments thereto, be limited to not to exceed 20 minutes. Agreed to without objection.
DEBATE - The Committee of the Whole resumed general debate.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business.
Committee of the Whole House on the state of the Union rises leaving H.R. 2203 as unfinished business.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Michael G. Oxley to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 194 and Rule XXIII.
Rule provides for consideration of H.R. 2203 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments.
Considered under the provisions of rule H. Res. 194. (consideration: CR H5745-5772)
Rule H. Res. 194 passed House.
Rules Committee Resolution H. Res. 194 Reported to House. Rule provides for consideration of H.R. 2203 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by paragraph. Bill is open to amendments.
Placed on the Union Calendar, Calendar No. 116.
The House Committee on Appropriations reported an original measure, H. Rept. 105-190, by Mr. McDade.
The House Committee on Appropriations reported an original measure, H. Rept. 105-190, by Mr. McDade.
Introduced in House
Ordered to be Reported.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee.
Final Day of Subcommittee Mark-Up.
First Day of Subcommittee Mark-Up.
Final Day of Subcommittee Hearings.
First Day of Subcommittee Hearings.
Referred to the House Committee on Appropriations.
Referred to the Subcommittee on Energy and Water Development.
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