123STA T .6 2 5PUBLIC LA W 111 –8—M A R .11 , 2 0 0 9FED E RALEN ER GYR EG U LA TO RY C O M M IS SION SALARIES AND E XP ENSES F ornec e s s a r y e xp enses o fth eFe d era l Ener g y Reg u latory Co m m i ssion to carry out the pro v isions of the D epartment of Energy O rgani z ation A ct (42U.S .C. 710 1etse q . ), including services as authorized b y 5 U.S.C. 3 10 9 , the hire of passenger motor vehicles, and official reception and representation expenses not to exceed $ 3,000, $273,400,000, to remain available until expended
- Provide
d, T hat not w ithstanding any other provision of law, not to exceed $273,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2009 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided fu r th er, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2009 so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $0. G E N ERA LP RO VI SIONS — DEPART M ENT OF ENERG Y SE C . 301. CONTRACT COMPETITION. (a) None of the funds in this or any other appropriations Act for fiscal year 2009 or any previous fiscal year may be used to ma k e payments for a non - competitive management and operating contract, or a contract for environmental remediation or waste management in excess of $100,000,000 in annual funding at a current or former management and operating contract site or facility, or to award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless such contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver. (b) W ithin 30 days of formally notifying an incumbent con- tractor that 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 H ouse of Representatives and the Senate a report notifying the Subcommit- tees of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition should be waived for this particular award. (c) In this section the term ‘ ‘competitive procedures ’ ’ has the meaning provided in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) and includes procedures described in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that solicits a proposal from only one source. SEC. 302. UN F UNDED RE Q UESTS FOR PROPOSALS. 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. SEC. 303. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILI- TIES WOR K FORCE RESTRUCTURING. None of the funds appropriated by this Act may be used— (1) to augment the funds made available for obligation by this Act for severance payments and other benefits and Deadlin e .Not i f i c ation. R e p o r t s . W ai v era u t h orit y . 42USC71 71 note.
