HR 5483 IH1S
collected by the Western Area Power Administration pur-
suant to the Flood Control Act of 1944 and the Reclama-
tion Project Act of 1939 to recover purchase power and
wheeling expenses shall be credited to this account as off-
setting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures as follows: for fiscal year 2001, up to
$65,224,000; for fiscal year 2002, up to $33,500,000; for
fiscal year 2003, up to $30,000,000; and for fiscal year
2004, up to $20,000,000.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $2,670,000, to remain available until expended,
and to be derived from the Falcon and Amistad Operating
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign
Relations 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,
HR 5483 IH1S
the hire of passenger motor vehicles, and official reception
and representation expenses (not to exceed $3,000),
$175,200,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $175,200,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 2001 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 2001 so as to result
in a final fiscal year 2001 appropriation from the General
Fund estimated at not more than $0.
RESCISSIONS
DEFENSE NUCLEAR WASTE DISPOSAL
(RESCISSION)
Of the funds appropriated in Public Law 104–46 for
interim storage of nuclear waste, $75,000,000 are trans-
ferred to this heading and are hereby rescinded.
DEFENSE ENVIRONMENTAL MANAGEMENT
PRIVATIZATION
(RESCISSION)
Of the funds appropriated in Public Law 106–60 and
prior Energy and Water Development Acts for the Tank
Waste Remediation System at Richland, Washington,
HR 5483 IH1S
$97,000,000 of unexpended balances of prior appropria-
tions are rescinded.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a) None of the funds appropriated by this
Act may be used to award a management and operating
contract 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) 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. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
HR 5483 IH1S
(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. 303. None of the funds appropriated by this Act
may be used to augment the $24,500,000 made available
for obligation by this Act for severance payments and
other benefits and community assistance grants under sec-
tion 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644;
42 U.S.C. 7274h) unless the Department of Energy sub-
mits a reprogramming request subject to approval by the
appropriate Congressional committees.
SEC. 304. 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.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. 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-
HR 5483 IH1S
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 306. Of the funds in this Act provided to gov-
ernment-owned, contractor-operated laboratories, not to
exceed 6 percent shall be available to be used for Labora-
tory Directed Research and Development.
SEC. 307. (a) Of the funds appropriated by this title
to 
the 
Department 
of 
Energy, 
not 
more 
than
$185,000,000 shall be available for reimbursement of
management and operating contractor travel expenses, of
which $10,000,000 is available for use by the Chief Finan-
cial Officer of the Department of Energy for emergency
travel expenses.
(b) Funds appropriated by this title to the Depart-
ment of Energy may be used to reimburse a Department
of Energy management and operating contractor for travel
costs of its employees under the contract only to the extent
that the contractor applies to its employees the same rates
and amounts as those that apply to Federal employees
under subchapter I of chapter 57 of title 5, United States
Code, or rates and amounts established by the Secretary
of Energy. The Secretary of Energy may provide excep-
tions to the reimbursement requirements of this section
as the Secretary considers appropriate.
HR 5483 IH1S
(c) The limitation in subsection (a) shall not apply
to reimbursement of management and operating con-
tractor travel expenses within the Laboratory Directed Re-
search and Development program.
SEC. 308. No funds are provided in this Act or any
other Act for the Administrator of the Bonneville Power
Administration to enter into any agreement to perform en-
ergy efficiency services outside the legally defined Bonne-
ville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies that
such services are not available from private sector busi-
nesses.
SEC. 309. None of the funds in this Act may be used
to dispose of transuranic waste in the Waste Isolation
Pilot Plant which contains concentrations of plutonium in
excess of 20 percent by weight for the aggregate of any
material category on the date of enactment of this Act,
or is generated after such date. For the purposes of this
section, the material categories of transuranic waste at the
Rocky Flats Environmental Technology Site include: (1)
ash residues; (2) salt residues; (3) wet residues; (4) direct
repackage residues; and (5) scrub alloy as referenced in
the ‘‘Final Environmental Impact Statement on Manage-
ment of Certain Plutonium Residues and Scrub Alloy
HR 5483 IH1S
Stored at the Rocky Flats Environmental Technology
Site’’.
SEC. 310. The Administrator of the National Nuclear
Security Administration may authorize the plant manager
of a covered nuclear weapons production plant to engage
in research, development, and demonstration activities
with respect to the engineering and manufacturing capa-
bilities at such plant in order to maintain and enhance
such capabilities at such plant: Provided, That of the
amount allocated to a covered nuclear weapons production
plant each fiscal year from amounts available to the De-
partment of Energy for such fiscal year for national secu-
rity programs, not more than an amount equal to 2 per-
cent of such amount may be used for these activities: Pro-
vided further, That for purposes of this section, the term
‘‘covered nuclear weapons production plant’’ means the
following:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
SEC. 311. Notwithstanding any other law, and with-
out fiscal year limitation, each Federal Power Marketing
Administration is authorized to engage in activities and
HR 5483 IH1S
solicit, undertake and review studies and proposals relat-
ing to the formation and operation of a regional trans-
mission organization.
SEC. 312. Not more than $10,000,000 of funds pre-
viously appropriated for interim waste storage activities
for Defense Nuclear Waste Disposal in Public Law 104–
46, the Energy and Water Development Appropriations
Act, 1996, may be made available to the Department of
Energy upon written certification by the Secretary of En-
ergy to the House and Senate Committees on Appropria-
tions that the Site Recommendation Report cannot be
completed on time without additional funding.
SEC. 313. TERM OF OFFICE OF PERSON FIRST AP-
POINTED AS UNDER SECRETARY FOR NUCLEAR SECU-
RITY OF THE DEPARTMENT OF ENERGY. (a) LENGTH OF
TERM.—The term of office as Under Secretary for Nu-
clear Security of the Department of Energy of the first
person appointed to that position shall be 3 years.
(b) EXCLUSIVE REASONS FOR REMOVAL.—The ex-
clusive reasons for removal from office as Under Secretary
for Nuclear Security of the person described in subsection
(a) shall be inefficiency, neglect of duty, or malfeasance
in office.
(c) POSITION DESCRIBED.—The position of Under
Secretary for Nuclear Security of the Department of En-
HR 5483 IH1S
ergy referred to in this section is the position established
by subsection (c) of section 202 of the Department of En-
ergy Organization Act (42 U.S.C. 7132), as added by sec-
tion 3202 of the National Nuclear Security Administration
Act (title XXXII of Public Law 106–65; 113 Stat. 954).
SEC. 314. SCOPE OF AUTHORITY OF SECRETARY OF
ENERGY TO MODIFY ORGANIZATION OF NATIONAL NU-
CLEAR SECURITY ADMINISTRATION. (a) SCOPE OF AU-
THORITY.—Subtitle A of the National Nuclear Security
Administration Act (title XXXII of Public Law 106–65;
113 Stat. 957; 50 U.S.C. 2401 et seq.) is amended by
adding at the end the following new section:
‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN-
ERGY TO MODIFY ORGANIZATION OF ADMIN-
ISTRATION.
‘‘Notwithstanding the authority granted by section
643 of the Department of Energy Organization Act (42
U.S.C. 7253) or any other provision of law, the Secretary
of Energy may not establish, abolish, alter, consolidate,
or discontinue any organizational unit or component, or
transfer any function, of the Administration, except as au-
thorized by subsection (b) or (c) of section 3291.’’.
(b) CONFORMING AMENDMENTS.—Section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253)
is amended—
HR 5483 IH1S
(1) by striking ‘‘The Secretary’’ and inserting
‘‘(a) Subject to subsection (b), the Secretary’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) The authority of the Secretary to establish, abol-
ish, alter, consolidate, or discontinue any organizational
unit or component of the National Nuclear Security Ad-
ministration is governed by the provisions of section 3219
of the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65).’’.
SEC. 315. PROHIBITION ON PAY OF PERSONNEL EN-
GAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND
OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. Subtitle C of the National Nuclear Security Admin-
istration Act (title XXXII of Public Law 106–65; 50
U.S.C. 2441 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL EN-
GAGED IN CONCURRENT SERVICE OR DUTIES
INSIDE AND OUTSIDE ADMINISTRATION.
‘‘(a) Except as otherwise expressly provided by stat-
ute, no funds authorized to be appropriated or otherwise
made available for the Department of Energy may be obli-
gated or utilized to pay the basic pay of an officer or em-
ployee of the Department of Energy who—
HR 5483 IH1S
‘‘(1) serves concurrently in a position in the Ad-
ministration and a position outside the Administra-
tion; or
‘‘(2) performs concurrently the duties of a posi-
tion in the Administration and the duties of a posi-
tion outside the Administration.
‘‘(b) The provision of this section shall take effect 60
days after the date of enactment of this section.’’.
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, for necessary expenses for the Federal
Co-Chairman and the alternate on the Appalachian Re-
gional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including
services as authorized by 5 U.S.C. 3109, and hire of pas-
senger motor vehicles, $66,400,000, 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
HR 5483 IH1S
Law 100–456, section 1441, $18,500,000, to remain
available until expended.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to establish the Delta Re-
gional Authority and to carry out its activities,
$20,000,000, to remain available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $30,000,000,
to remain available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in car-
rying 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 $15,000), $481,900,000, to remain avail-
able until expended: Provided, That of the amount appro-
priated herein, $21,600,000 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 $447,958,000 in fiscal year 2001
shall be retained and used for necessary salaries and ex-
HR 5483 IH1S
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 assistance to other Federal
agencies and States shall be excluded from license fee rev-
enues, notwithstanding 42 U.S.C. 2214: Provided further,
That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2001 so
as to result in a final fiscal year 2001 appropriation esti-
mated at not more than $33,942,000.
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, $5,500,000, to remain
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and
collections estimated at $5,390,000 in fiscal year 2001
shall be retained and be available until expended, for nec-
essary salaries and expenses in this account notwith-
standing 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2001 so as to result in
a final fiscal year 2001 appropriation estimated at not
more than $110,000.
HR 5483 IH1S
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, $2,900,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
TITLE V
FISCAL YEAR 2001 EMERGENCY
APPROPRIATIONS
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
CERRO GRANDE FIRE ACTIVITIES
For necessary expenses to remediate damaged De-
partment of Energy facilities and for other expenses asso-
ciated with the Cerro Grande fire, $203,460,000, to re-
main available until expended, of which $2,000,000 shall
be made available to the United States Army Corps of En-
gineers to undertake immediate measures to provide ero-
sion control and sediment protection to sewage lines,
trails, and bridges in Pueblo and Los Alamos Canyons
downstream of Diamond Drive in New Mexico: Provided,
That the entire amount shall be available only to the ex-
tent an official budget request for $203,460,000, that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
HR 5483 IH1S
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For necessary expenses to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, $11,000,000, to remain available until
expended, which shall be available only to the extent an
official budget request for $11,000,000, that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided,
That the entire amount is designated by the Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
TITLE VI
GENERAL PROVISIONS
SEC. 601. None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence
HR 5483 IH1S
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. 602. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
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 enti-
ty 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 statement
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-
HR 5483 IH1S
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 603. (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
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 detri-
mental 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
HR 5483 IH1S
such service or studies pursuant to Federal Reclamation
law.
SEC. 604. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto,
Japan at the Third Conference of the Parties to the
United Nations Framework Convention on Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of the Protocol.
SEC. 605. FUNDING OF THE COASTAL WETLANDS
PLANNING, PROTECTION AND RESTORATION ACT. Section
4(a) of the Act of August 9, 1950 (16 U.S.C. 777c(a)),
is amended in the second sentence by striking ‘‘2000’’ and
inserting ‘‘2009’’.
SEC. 606. REDESIGNATION OF INTERSTATE SANITA-
TION COMMISSION AND DISTRICT. (a) INTERSTATE SANI-
TATION COMMISSION.—
(1) IN GENERAL.—The district known as the
‘‘Interstate Sanitation Commission’’, established by
article III of the Tri-State Compact described in the