H. R. 2311—19
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 realized by the
Secretary in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, including
but not limited to, any proceeds from the sale of assets, shall
be available without further appropriation and shall remain avail-
able until expended.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
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),
$210,853,000, 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 $137,810,000 in fiscal
year 2002 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 2002 so as to result in a final
fiscal year 2002 appropriation from the General Fund estimated
at not more than $73,043,000.
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, $32,430,000, to remain available until expended.
H. R. 2311—20
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 not to exceed 11 passenger motor vehicles for
replacement only, $5,429,238,000, to remain available until
expended.
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 pur-
poses 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, $803,586,000, to remain available until
expended.
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,
$688,045,000, to remain available until expended.
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 $12,000),
$312,596,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE 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 not to exceed 30
H. R. 2311—21
passenger motor vehicles, of which 27 shall be for replacement
only, $5,234,576,000, 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, $1,092,878,000, 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.), $153,537,000, 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, $544,044,000, to
remain available until expended.
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, $280,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500.
During fiscal year 2002, no new direct loan obligations may
be made.
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,
$4,891,000, to remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, up to $8,000,000 collected
by the Southeastern Power Administration pursuant to the Flood
H. R. 2311—22
Control 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.
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, $28,038,000, to remain
available until expended; in addition, notwithstanding the provi-
sions of 31 U.S.C. 3302, not to exceed $5,200,000 in reimbursements,
to remain available until expended: Provided, That up to $1,512,000
collected 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.
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,
$171,938,000, to remain available until expended, of which
$166,651,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $6,000,000 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 up to $152,624,000 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.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $2,663,000,
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.
H. R. 2311—23
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), $184,155,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$184,155,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2002 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 2002 so as to result in a final
fiscal year 2002 appropriation from the General Fund estimated
at not more than $0: Provided further, That the Commission is
authorized an additional 5 senior executive service positions.
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, or award
a significant extension or expansion to an existing 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 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 Representatives and
the Senate a report notifying the Subcommittees 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.
SEC. 302. None of the funds appropriated by this Act may
be used to—
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other bene-
fits for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the $20,000,000 made available for obligation
by this Act for severance payments and other benefits and commu-
nity assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42
U.S.C. 7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appropriate
Congressional committees.
H. R. 2311—24
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 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. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used 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 in advance that such services are not available from private
sector businesses.
SEC. 307. When the Department of Energy makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation
of a university or other potential user as a formal partner in
the establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a partner.
For purposes of this section, the term ‘‘user facility’’ includes, but
is not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. 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. 309. 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
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
H. R. 2311—25
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; and
(4) the Savannah River Plant, South Carolina.
SEC. 310. The Administrator of the National Nuclear Security
Administration may authorize the manager of the Nevada Oper-
ations Office to engage in research, development, and demonstration
activities with respect to the development, test, and evaluation
capabilities necessary for operations and readiness of the Nevada
Test Site: Provided, That of the amount allocated to the Nevada
Operations Office each fiscal year from amounts available to the
Department of Energy for such fiscal year for national security
programs at the Nevada Test Site, not more than an amount
equal to 2 percent of such amount may be used for these activities.
SEC. 311. DEPLETED URANIUM HEXAFLUORIDE. Section 1 of
Public Law 105–204 is amended in subsection (b)—
(1) by inserting ‘‘except as provided in subsection (c),’’ after
‘‘1321–349),’’; and
(2) by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year
2005’’.
SEC. 312. PROHIBITION OF OIL AND GAS DRILLING IN THE FINGER
LAKES NATIONAL FOREST, NEW YORK. No Federal permit or lease
shall be issued for oil or gas drilling in the Finger Lakes National
Forest, New York, during fiscal year 2002.
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,
notwithstanding section 405 of said Act, and, for necessary expenses
for the Federal Co-Chairman and the alternate 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,
$71,290,000, 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.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
H. R. 2311—26
Authority Act of 2000, $10,000,000, 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, $38,000,000, 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), and purchase of
promotional items for use in the recruitment of individuals for
employment, $516,900,000, to remain available until expended: Pro-
vided, That of the amount appropriated herein, $23,650,000 shall
be derived from the Nuclear Waste Fund: Provided further, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $473,520,000 in fiscal year 2002 shall
be retained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received during
fiscal year 2002 so as to result in a final fiscal year 2002 appropria-
tion estimated at not more than $43,380,000: Provided further,
That, notwithstanding any other provision of law, no funds made
available under this or any other Act may be expended by the
Commission to implement or enforce any part of 10 CFR part
35, as adopted by the Commission on October 23, 2000, with respect
to diagnostic nuclear medicine, except those parts which establish
training and experience requirements for persons seeking licensing
as authorized users, until such time as the Commission has reexam-
ined 10 CFR part 35 and provided a report to the Congress which
explains why the burden imposed by 10 CFR part 35 could not
be further reduced.
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, $6,180,000, to remain available until expended: Pro-
vided, That revenues from licensing fees, inspection services, and
other services and collections estimated at $5,933,000 in fiscal
year 2002 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 2002 so as to result in a final fiscal year 2002 appropriation
estimated at not more than $247,000.
H. R. 2311—27
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,
$3,100,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
TITLE V
GENERAL PROVISIONS
SEC. 501. 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 18 U.S.C. 1913.
SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
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. 503. The Secretary of the Army shall conduct and submit
to Congress a study that examines the known and potential environ-
mental effects of oil and gas drilling activity in the Great Lakes
(including effects on the shorelines and water of the Great Lakes):
Provided, That during the fiscal years 2002 and 2003, no Federal
or State permit or lease shall be issued for new oil and gas slant,
directional, or offshore drilling in or under one or more of the
Great Lakes.
H. R. 2311—28
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 2002’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.