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TITLE VII
GENERAL PROVISIONS
SEC. 701. 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 commu-
nicate to Members of Congress as described in section 1913
of title 18, United States Code.
SEC. 702. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 pro-
vide 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 agen-
cy 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
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the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 703. (a) None of the funds appropriated or other-
wise 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 Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram 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 Repay-
ment Plan’’ described in the report entitled ‘‘Repayment
Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
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lamation. 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 reim-
bursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal Reclamation law.
SEC. 704. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990, as amended (42 U.S.C.
2214(a)(3)) and Public Law 106–60 (113 Stat. 501), is fur-
ther amended by striking ‘‘September 30, 2000’’ and insert-
ing ‘‘September 30, 2001’’.
SEC. 705. 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 prepara-
tion 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 rati-
fication 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. 706. (a) Sections 5105, 5106 and 5109 of Divi-
sion B of an Act making appropriations for military con-
struction, family housing, and base realignment and closure
for the Department of Defense for the fiscal year ending
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September 30, 2001, and for other purposes (Public Law
106–246), are repealed.
(b) Subsection (a) shall take effect on the date of enact-
ment of this Act.
SEC. 707. SALE OF MINERAL RIGHTS BY THE TEN-
NESSEE VALLEY AUTHORITY. The Tennessee Valley Author-
ity shall not proceed with the proposed sale of approxi-
mately 40,000 acres of mineral rights in land within the
Daniel Boone National Forest, Kentucky, until after the
Tennessee Valley Authority completes an environmental im-
pact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 708. REPORT TO CONGRESS ON ELECTRICITY
PRICES. (a) FINDINGS.—Congress finds that—
(1) California is currently experiencing an en-
ergy crisis;
(2) rolling power outages are a serious possi-
bility;
(3) wholesale electricity prices have soared, re-
sulting in electrical bills that have increased as much
as 300 percent in the San Diego area;
(4) small business owners and people on small or
fixed incomes, especially senior citizens, are particu-
larly suffering;
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(5) the crisis is so severe that the County of San
Diego recently declared a financial state of emer-
gency; and
(6) the staff of the Federal Energy Regulatory
Commission (referred to in this section as the ‘‘Com-
mission’’) is currently investigating the crisis and is
compiling a report to be presented to the Commission
not later than November 1, 2000.
(b) REPORT.—
(1) IN GENERAL.—The Commission shall—
(A) continue the investigation into the cause
of the summer price spike described in subsection
(a); and
(B) not later than December 1, 2000, sub-
mit to Congress a report on the results of the in-
vestigation.
(2) CONTENTS.—The report shall include—
(A) data obtained from a hearing held by
the Commission in San Diego;
(B) identification of the causes of the San
Diego price increases;
(C) a determination whether California
wholesale electricity markets are competitive;
(D) a recommendation whether a regional
price cap should be set in the Western States;
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(E) a determination whether manipulation
of prices has occurred at the wholesale level; and
(F) a determination of the remedies, includ-
ing legislation or regulations, that are necessary
to correct the problem and prevent similar inci-
dents in California or anywhere else in the
United States.
SEC. 709. 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 in-
serting ‘‘2009’’.
SEC. 710. REDESIGNATION OF INTERSTATE SANITA-
TION COMMISSION AND DISTRICT. (a) INTERSTATE SANITA-
TION 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 Com-
mission’’, approved August 27, 1935 (49 Stat. 933),
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is redesignated as the ‘‘Interstate Environmental
Commission’’.
(2) REFERENCES.—Any reference in a law, regu-
lation, map, document, paper, or other record of the
United States to the Interstate Sanitation Commis-
sion 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 Resolu-
tion entitled, ‘‘A Joint Resolution granting the con-
sent of Congress to the States of New York, New Jer-
sey, and Connecticut to enter into a compact for the
creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commis-
sion’’, approved August 27, 1935 (49 Stat. 932), is re-
designated as the ‘‘Interstate Environmental Dis-
trict’’.
(2) REFERENCES.—Any reference in a law, regu-
lation, 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 En-
vironmental District.
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TITLE VIII
DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC DEBT
SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 2001
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.
TITLE IX—NUCLEAR
REGULATORY COMMISSION
Subtitle A—Funding
SEC. 901. NUCLEAR REGULATORY COMMISSION ANNUAL
CHARGES.
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 cer-
tificate holder’’ after ‘‘licensee’’; and
(B) by striking paragraph (2) and inserting
the following:
‘‘(2) AGGREGATE AMOUNT OF CHARGES.—
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‘‘(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 percent-
ages 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 re-
ferred to in subparagraph (A) are—
‘‘(i) 98 percent for fiscal year 2002;
‘‘(ii) 96 percent for fiscal year 2003;
‘‘(iii) 94 percent for fiscal year 2004;
‘‘(iv) 92 percent for fiscal year 2005;
and
‘‘(v) 88 percent for fiscal year 2006.’’.
SEC. 902. NUCLEAR REGULATORY COMMISSION AUTHORITY
OVER FORMER LICENSEES FOR DECOMMIS-
SIONING FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(i)) is amended—
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(1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, and (4) to ensure that sufficient
funds will be available for the decommissioning of
any production or utilization facility licensed under
section 103 or 104b., including standards and restric-
tions governing the control, maintenance, use, and
disbursement by any former licensee under this Act
that has control over any fund for the decommis-
sioning of the facility’’.
SEC. 903. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161w. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(w)) is amended—
(1) by striking ‘‘, or which operates any facility
regulated or certified under section 1701 or 1702,’’;
(2) by striking ‘‘483a’’ and inserting ‘‘9701’’;
and
(3) by inserting before the period at the end the
following: ‘‘, and, commencing October 1, 2000, pre-
scribe and collect from any other Government agency
any fee, charge, or price that the Commission may re-
quire in accordance with section 9701 of title 31,
United States Code, or any other law’’.
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Subtitle B—Other Provisions
SEC. 911. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42
U.S.C. 2033) is amended by striking ‘‘; however, the Com-
mission shall maintain an office for the service of process
and papers within the District of Columbia’’.
SEC. 912. LICENSE PERIOD.
Section 103c. of the Atomic Energy Act of 1954 (42
U.S.C. 2133(c)) is amended—
(1) by striking ‘‘c. Each such’’ and inserting the
following:
‘‘c. LICENSE PERIOD.—
‘‘(1) IN GENERAL.—Each such’’; and
(2) by adding at the end the following:
‘‘(2) COMBINED
LICENSES.—In the case of a
combined construction and operating license issued
under section 185(b), the initial duration of the li-
cense may not exceed 40 years from the date on which
the Commission finds, before operation of the facility,
that the acceptance criteria required by section 185(b)
are met.’’.
SEC. 913. ELIMINATION OF NRC ANTITRUST REVIEWS.
Section 105 of the Atomic Energy Act of 1954 (42
U.S.C. 2135) is amended by adding at the end the following:
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‘‘(d) APPLICABILITY.—Subsection (c) shall not apply
to an application for a license to construct or operate a
utilization facility under section 103 or 104(b) that is pend-
ing on or that is filed on or after the date of enactment
of this subsection.’’.
SEC. 914. GIFT ACCEPTANCE AUTHORITY.
(a) IN GENERAL.—Section 161g. of the Atomic Energy
Act of 1954 (42 U.S.C. 2201(g)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’;
(2) by striking ‘‘this Act;’’ and inserting ‘‘this
Act; or’’; and
(3) by adding at the end the following:
‘‘(2) accept, hold, utilize, and administer gifts of
real and personal property (not including money) for
the purpose of aiding or facilitating the work of the
Nuclear Regulatory Commission.’’.
(b) CRITERIA FOR ACCEPTANCE OF GIFTS.—
(1) IN GENERAL.—Chapter 14 of title I of the
Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.)
is amended by adding at the end the following:
‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.
‘‘(a) IN GENERAL.—The Commission shall establish
written criteria for determining whether to accept gifts
under section 161g.(2).
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‘‘(b) CONSIDERATIONS.—The criteria under subsection
(a) shall take into consideration whether the acceptance of
the gift would compromise the integrity of, or the appear-
ance of the integrity of, the Commission or any officer or
employee of the Commission.’’.
(2) 
CONFORMING
AND
TECHNICAL
AMEND-
MENTS.—The table of contents of chapter 14 of title
I of the Atomic Energy Act of 1954 (42 U.S.C. prec.
2011) is amended by adding at the end the following:
‘‘Sec. 170C. Criteria for acceptance of gifts.’’.
SEC. 915. CARRYING OF FIREARMS BY LICENSEE EMPLOY-
EES.
(a) IN GENERAL.—Chapter 14 of title I of the Atomic
Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended
by section 914(b)(1)) is amended—
(1) in section 161, by striking subsection k. and
inserting the following:
‘‘(k) authorize to carry a firearm in the performance
of official duties such of its members, officers, and employ-
ees, such of the employees of its contractors and subcontrac-
tors (at any tier) engaged in the protection of property
under the jurisdiction of the United States located at facili-
ties owned by or contracted to the United States or being
transported to or from such facilities, and such of the em-
ployees of persons licensed or certified by the Commission
(including employees of contractors of licensees or certificate
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holders) engaged in the protection of facilities owned or op-
erated by a Commission licensee or certificate holder that
are designated by the Commission or in the protection of
property of significance to the common defense and security
located at facilities owned or operated by a Commission li-
censee or certificate holder or being transported to or from
such facilities, as the Commission considers necessary in the
interest of the common defense and security;’’ and
(2) by adding at the end the following:
‘‘SEC. 170D. CARRYING OF FIREARMS.
‘‘(a) AUTHORITY TO MAKE ARREST.—
‘‘(1) IN GENERAL.—A person authorized under
section 161k. to carry a firearm may, while in the
performance of, and in connection with, official du-
ties, arrest an individual without a warrant for any
offense against the United States committed in the
presence of the person or for any felony under the
laws of the United States if the person has a reason-
able ground to believe that the individual has com-
mitted or is committing such a felony.
‘‘(2) LIMITATION.—An employee of a contractor
or subcontractor or of a Commission licensee or cer-
tificate holder (or a contractor of a licensee or certifi-
cate holder) authorized to make an arrest under para-
graph (1) may make an arrest only—
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‘‘(A) when the individual is within, or is in
flight directly from, the area in which the offense
was committed; and
‘‘(B) in the enforcement of—
‘‘(i) a law regarding the property of
the United States in the custody of the De-
partment of Energy, the Nuclear Regulatory
Commission, or a contractor of the Depart-
ment of Energy or Nuclear Regulatory
Commission or a licensee or certificate hold-
er of the Commission;
‘‘(ii) a law applicable to facilities
owned or operated by a Commission licensee
or certificate holder that are designated by
the Commission under section 161k.;
‘‘(iii) a law applicable to property of
significance to the common defense and se-
curity that is in the custody of a licensee or
certificate holder or a contractor of a li-
censee or certificate holder of the Commis-
sion; or
‘‘(iv) any provision of this Act that
subjects an offender to a fine, imprison-
ment, or both.
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‘‘(3) OTHER AUTHORITY.—The arrest authority
conferred by this section is in addition to any arrest
authority under other law.
‘‘(4) GUIDELINES.—The Secretary and the Com-
mission, with the approval of the Attorney General,
shall issue guidelines to implement section 161k. and
this subsection.’’.
(b) CONFORMING
AND TECHNICAL AMENDMENTS.—
The table of contents of chapter 14 of title I of the Atomic
Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended
by section 914(b)(2)) is amended by adding at the end the
following:
‘‘Sec. 170D. Carrying of firearms.’’.
SEC. 916. UNAUTHORIZED INTRODUCTION OF DANGEROUS
WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42
U.S.C. 2278a(a)) is amended in the first sentence by insert-
ing ‘‘or subject to the licensing authority of the Commission
or to certification by the Commission under this Act or any
other Act’’ before the period at the end.
SEC. 917. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42
U.S.C. 2284(a)) is amended—
(1) in paragraph (2), by striking ‘‘storage facil-
ity’’ and inserting ‘‘storage, treatment, or disposal fa-
cility’’;
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(2) in paragraph (3)—
(A) by striking ‘‘such a utilization facility’’
and inserting ‘‘a utilization facility licensed
under this Act’’; and
(B) by striking ‘‘or’’ at the end;
(3) in paragraph (4)—
(A) by striking ‘‘facility licensed’’ and in-
serting ‘‘or nuclear fuel fabrication facility li-
censed or certified’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(5) any production, utilization, waste storage,
waste treatment, waste disposal, uranium enrichment,
or nuclear fuel fabrication facility subject to licensing
or certification under this Act during construction of
the facility, if the person knows or reasonably should
know that there is a significant possibility that the
destruction or damage caused or attempted to be
caused could adversely affect public health and safety
during the operation of the facility.’’.
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This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2001’’.
Passed the House of Representatives June 28 (legis-
lative day, June 27), 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate September 7, 2000.
Attest:
GARY SISCO,
Secretary.