H. R. 4733—15
activities pursuant to the Act: Provided further, That the distribu-
tion of the funds as determined by the units of local government
shall be approved by the Department of Energy: Provided further,
That the funds for the State of Nevada shall be made available
solely to the Nevada Division of Emergency Management by direct
payment and units of local government by direct payment: Provided
further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and
the Governor of the State of Nevada and each local entity shall
provide certification to the Department of Energy that all funds
expended from such payments have been expended for activities
authorized by Public Law 97–425 and this Act. Failure to provide
such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That none of the funds herein appropriated may be: (1) used directly
or indirectly to influence legislative action on any matter pending
before Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or
(3) used to support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries by the Secretary
in carrying out activities authorized by the Nuclear Waste Policy
Act of 1982 in Public Law 97–425, as amended, including but
not limited to, any proceeds from the sale of assets, shall be avail-
able without further appropriation and shall remain available until
expended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration 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),
$226,107,000, to remain available until expended, plus such addi-
tional 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 $151,000,000 in fiscal
year 2001 may be retained and used for operating expenses within
this account, and may remain available until expended, as author-
ized by section 201 of Public Law 95–238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous reve-
nues 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 $75,107,000.
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, $31,500,000, to remain available until expended.
H. R. 4733—16
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
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; and
the purchase of passenger motor vehicles (not to exceed 12 for
replacement only), $5,015,186,000, to remain available until
expended: Provided, That, $130,000,000 shall be immediately avail-
able for Project 96–D–111, the National Ignition Facility at Law-
rence Livermore National Laboratory: Provided further, That
$69,100,000 shall be available only upon a certification by the
Administrator of the National Nuclear Security Administration to
the Congress after March 31, 2001, that: (a) includes a recommenda-
tion on an appropriate path forward for the project; (b) certifies
all established project and scientific milestones have been met
on schedule and on cost; (c) certifies the first and second quarter
project reviews in fiscal year 2001 determined the project to be
on schedule and cost; (d) includes a study of requirements for
and alternatives to a 192 beam ignition facility for maintaining
the safety and reliability of the current nuclear weapons stockpile;
(e) certifies an integrated cost-schedule earned-value project control
system has been fully implemented; and (f ) includes a 5-year budget
plan for the stockpile stewardship program.
DEFENSE NUCLEAR NONPROLIFERATION
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,
Defense Nuclear Nonproliferation 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, $874,196,000, to remain available until
expended: Provided, That not to exceed $7,000 may be used for
official reception and representation expenses for national security
and nonproliferation (including transparency) activities in fiscal
year 2001.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion,
$690,163,000, to remain available until expended.
H. R. 4733—17
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator of
the National Nuclear Security Administration, including official
reception and representation expenses (not to exceed $5,000),
$10,000,000, to remain available until expended.
OTHER DEFENSE RELATED ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other 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 30 passenger motor
vehicles for replacement only, $4,974,476,000, to remain available
until expended.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including the
purchase, construction and acquisition of plant and capital equip-
ment and other necessary expenses, $1,082,714,000, to remain avail-
able until expended.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management
activities authorized by the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), $65,000,000, to remain available until
expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense, 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, $585,755,000, to
remain available until expended, of which $17,000,000 shall be
for the Department of Energy Employees Compensation Initiative
upon enactment of authorization legislation into law.
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, $200,000,000,
to remain available until expended.
H. R. 4733—18
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
Nez Perce Tribe Resident Fish Substitution Program, the Cour
D’Alene Tribe Trout Production facility, and for official reception
and representation expenses in an amount not to exceed $1,500.
During fiscal year 2001, no new direct loan obligations may
be made. Section 511 of the Energy and Water Development Appro-
priations Act, 1997 (Public Law 104–206), is amended by striking
the last sentence and inserting ‘‘This authority shall expire January
1, 2003.’’.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, 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,
$3,900,000, to remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, amounts collected by
the Southeastern Power Administration pursuant to the Flood Con-
trol Act to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power
and wheeling expenditures as follows: for fiscal year 2001, up to
$34,463,000; for fiscal year 2002, up to $26,463,000; for fiscal year
2003, up to $20,000,000; and for fiscal year 2004, up to $15,000,000.
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, sub-
stations and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 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, $28,100,000, to remain
available until expended; in addition, notwithstanding the provi-
sions of 31 U.S.C. 3302, not to exceed $4,200,000 in reimbursements,
to remain available until expended: Provided, That amounts col-
lected by the Southwestern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting 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 $288,000; for fiscal year 2002, up to $288,000; for fiscal
year 2003, up to $288,000; and for fiscal year 2004, up to $288,000.
H. R. 4733—19
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
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. 7152), 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,
$165,830,000, to remain available until expended, of which
$154,616,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $5,950,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: Provided
further, That amounts collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as offsetting
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 hydro-
electric 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 Administration, 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 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, 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: Provided,
That notwithstanding any other provision of law, not to exceed
$175,200,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2001 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as revenues
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.
H. R. 4733—21
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts 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 government-
owned, contractor-operated laboratories, not to exceed 6 percent
shall be available to be used for Laboratory 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 avail-
able for reimbursement of management and operating contractor
travel expenses, of which $10,000,000 is available for use by the
Chief Financial Officer of the Department of Energy for emergency
travel expenses.
(b) Funds appropriated by this title to the Department of
Energy may be used to reimburse a Department of Energy manage-
ment 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.
(c) The limitation in subsection (a) shall not apply to reimburse-
ment of management and operating contractor travel expenses
within the Laboratory Directed Research and Development pro-
gram.
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 energy efficiency services
outside the legally defined Bonneville service territory, with the
exception of services provided internationally, including services
provided on a reimbursable basis, unless the Administrator certifies
that such services are not available from private sector businesses.
SEC. 309. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains 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 Environ-
mental Impact Statement on Management of Certain Plutonium
Residues and Scrub Alloy 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, develop-
ment, and demonstration activities with respect to the engineering
and manufacturing capabilities at such plant in order to maintain
and enhance such capabilities at such plant: Provided, That of
H. R. 4733—22
the amount allocated to a covered nuclear weapons production
plant each fiscal year from amounts available to the Department
of Energy for such fiscal year for national security programs, not
more than an amount equal to 2 percent of such amount may
be used for these activities: Provided further, That for purposes
of this section, the term ‘‘covered nuclear weapons production plant’’
means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(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 without fiscal
year limitation, each Federal Power Marketing Administration is
authorized to engage in activities and solicit, undertake and review
studies and proposals relating to the formation and operation of
a regional transmission organization.
SEC. 312. Not more than $10,000,000 of funds previously appro-
priated 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 Sec-
retary of Energy 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 APPOINTED AS
UNDER SECRETARY FOR NUCLEAR SECURITY OF THE DEPARTMENT
OF ENERGY. (a) LENGTH OF TERM.—The term of office as Under
Secretary for Nuclear Security of the Department of Energy of
the first person appointed to that position shall be 3 years.
(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclusive 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 Energy referred to in this
section is the position established by subsection (c) of section 202
of the Department of Energy Organization Act (42 U.S.C. 7132),
as added by section 3202 of the National Nuclear Security Adminis-
tration 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
NUCLEAR
SECURITY
ADMINISTRATION. (a) SCOPE
OF AUTHORITY.—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 ENERGY TO
MODIFY ORGANIZATION OF ADMINISTRATION.
‘‘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 authorized 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—
H. R. 4733—23
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) Subject
to subsection (b), the Secretary’’; and
(2) by adding at the end the following new subsection:
‘‘(b) The authority of the Secretary to establish, abolish, alter,
consolidate, or discontinue any organizational unit or component
of the National Nuclear Security Administration 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 ENGAGED IN
CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL
NUCLEAR SECURITY ADMINISTRATION. Subtitle C of the National
Nuclear Security Administration 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 ENGAGED IN
CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE
ADMINISTRATION.
‘‘(a) Except as otherwise expressly provided by statute, no funds
authorized to be appropriated or otherwise made available for the
Department of Energy may be obligated or utilized to pay the
basic pay of an officer or employee of the Department of Energy
who—
‘‘(1) serves concurrently in a position in the Administration
and a position outside the Administration; or
‘‘(2) performs concurrently the duties of a position in the
Administration and the duties of a position outside the Adminis-
tration.
‘‘(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 authorized
by the Appalachian Regional Development Act of 1965, as amended,
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional 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
passenger 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 Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$18,500,000, to remain available until expended.
H. R. 4733—24
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to establish the Delta Regional
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 carrying 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 available until expended: Provided, That of the amount
appropriated herein, $21,600,000 shall be derived from the Nuclear
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 expenses in this account, notwithstanding
31 U.S.C. 3302, and shall remain available until expended: Provided
further, That $3,200,000 of the funds herein appropriated for regu-
latory reviews and assistance to other Federal agencies and States
shall be excluded from license fee revenues, 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
estimated 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: Pro-
vided, That revenues from licensing 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
necessary salaries and expenses in this account notwithstanding
31 U.S.C. 3302: 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
estimated at not more than $110,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
H. R. 4733—25
$2,900,000, to be derived from the Nuclear 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 Department of
Energy facilities and for other expenses associated with the Cerro
Grande fire, $203,460,000, to remain available until expended, of
which $2,000,000 shall be made available to the United States
Army Corps of Engineers to undertake immediate measures to
provide erosion 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 extent an official budget request
for $203,460,000, that includes designation of the entire amount
of the request as an emergency 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
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 Emergency Deficit Control Act of 1985,
as amended.
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For necessary expenses to carry out the programs authorized
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 designation of the entire amount of the
request as an emergency 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 congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate 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 Congress that, to the greatest
H. R. 4733—26
extent practicable, all equipment 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 entity 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 inten-
tionally 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, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 603. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine 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 Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage 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—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared 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. 604. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, 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 Cli-
mate 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. (a) IN GENERAL.—None of the funds made available
in this Act may be used to pay any basic pay of an individual
who simultaneously holds or carries out the responsibilities of—
(1) a position within the National Nuclear Security
Administration; and
(2) a position within the Department of Energy not within
the Administration.
H. R. 4733—27
(b) EXCEPTIONS FOR ADMINISTRATOR FOR NUCLEAR SECURITY
AND DEPUTY ADMINISTRATOR FOR NAVAL REACTORS.—The limitation
in subsection (a) shall not apply to the following cases:
(1) The Under Secretary of Energy for Nuclear Security
serving as the Administrator for Nuclear Security, as provided
in section 3212(a)(2) of the National Nuclear Security Adminis-
tration Act (50 U.S.C. 2402(a)(2)).
(2) The director of the Naval Nuclear Propulsion Program
provided for under the Naval Nuclear Propulsion Executive
Order serving as the Deputy Administrator for Naval Reactors,
as provided in section 3216(a)(1) of such Act (50 U.S.C.
2406(a)(1)).
SEC. 606. 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. 607. REDESIGNATION OF INTERSTATE SANITATION COMMIS-
SION AND DISTRICT. (a) INTERSTATE SANITATION COMMISSION.—
(1) IN GENERAL.—The district known as the ‘‘Interstate
Sanitation Commission’’, established by article III of the Tri-
State Compact described in the Resolution entitled, ‘‘A Joint
Resolution granting the consent of Congress to the States of
New York, New Jersey, and Connecticut to enter into a compact
for the creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commission’’,
approved August 27, 1935 (49 Stat. 933), is redesignated as
the ‘‘Interstate Environmental Commission’’.
(2) REFERENCES.—Any reference in a law, regulation, map,
document, paper, or other record of the United States to the
Interstate Sanitation Commission shall be deemed to be a
reference to the Interstate Environmental Commission.
(b) INTERSTATE SANITATION DISTRICT.—
(1) IN GENERAL.—The district known as the ‘‘Interstate
Sanitation District’’, established by article II of the Tri-State
Compact described in the Resolution entitled, ‘‘A Joint Resolu-
tion granting the consent of Congress to the States of New
York, New Jersey, and Connecticut to enter into a compact
for the creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commission’’,
approved August 27, 1935 (49 Stat. 932), is redesignated as
the ‘‘Interstate Environmental District’’.
(2) REFERENCES.—Any reference in a law, regulation, map,
document, paper, or other record of the United States to the
Interstate Sanitation District shall be deemed to be a reference
to the Interstate Environmental District.
TITLE VII
DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC DEBT
GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT
For deposit of an additional amount for fiscal year 2001 into
the account established under section 3113(d) of title 31, United
States Code, to reduce the public debt, $5,000,000,000.
H. R. 4733—28
TITLE VIII
NUCLEAR REGULATORY COMMISSION
Section 6101 of the Omnibus Budget Reconciliation Act of 1990
(42 U.S.C. 2214) is amended—
(1) in subsection (a)(3), by striking ‘‘September 30, 1999’’
and inserting ‘‘September 20, 2005’’; and
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘or certificate holder’’
after ‘‘licensee’’; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) AGGREGATE AMOUNT OF CHARGES.—
‘‘(A) IN GENERAL.—The aggregate amount of the annual
charges collected from all licensees and certificate holders
in a fiscal year shall equal an amount that approximates
the percentages of the budget authority of the Commission
for the fiscal year stated in subparagraph (B), less—
‘‘(i) amounts collected under subsection (b) during
the fiscal year; and
‘‘(ii) amounts appropriated to the Commission from
the Nuclear Waste Fund for the fiscal year.
‘‘(B) PERCENTAGES.—The percentages referred to in
subparagraph (A) are—
‘‘(i) 98 percent for fiscal year 2001;
‘‘(ii) 96 percent for fiscal year 2002;
‘‘(iii) 94 percent for fiscal year 2003;
‘‘(iv) 92 percent for fiscal year 2004; and
‘‘(v) 90 percent for fiscal year 2005.’’.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 2001’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.