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H.R.4733
Energy and Water Development Appropriations Act, 2001 (Public
Print)
(RESCISSION)
Of the funds appropriated in Public Law 104-46 for interim storage of
nuclear waste, $85,000,000 are transferred to this heading and are hereby
rescinded.
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
communicate to Members of Congress as described in section 1913 of title 18,
United States Code.
SEC. 702. (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 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 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 Regulations.
SEC. 703. (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 Administrator 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
entitled `Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 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 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 further amended by striking `September 30, 2000' and inserting
`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 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. 706. (a) Sections 5105, 5106 and 5109 of Division B of an Act
making appropriations for military construction, family housing, and base
realignment and closure for the Department of Defense for the fiscal year
ending September 30, 2001, and for other purposes (Public Law 106-246), are
repealed.
(b) Subsection (a) shall take effect on the date of enactment of this
Act.
SEC. 707. SALE OF MINERAL RIGHTS BY THE TENNESSEE VALLEY AUTHORITY.
The Tennessee Valley Authority shall not proceed with the proposed sale of
approximately 40,000 acres of mineral rights in land within the Daniel Boone
National Forest, Kentucky, until after the Tennessee Valley Authority
completes an environmental impact 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 energy
crisis;
(2) rolling power outages are a serious possibility;
(3) wholesale electricity prices have soared, resulting 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 particularly suffering;
(5) the crisis is so severe that the County of San Diego recently
declared a financial state of emergency; and
(6) the staff of the Federal Energy Regulatory Commission (referred
to in this section as the `Commission') is currently investigating the
crisis and is compiling a report to be presented to the Commission not later
than November 1, 2000.
(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, submit to Congress a report
on the results of the investigation.
(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;
(E) a determination whether manipulation of prices has occurred at
the wholesale level; and
(F) a determination of the remedies, including legislation or
regulations, that are necessary to correct the problem and prevent similar
incidents 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 inserting
`2009'.
SEC. 710. REDESIGNATION OF INTERSTATE SANITATION COMMISSION 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 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. 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 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
(A) in paragraph (1), by inserting `or certificate holder' after
`licensee'; and
(B) by striking paragraph (2) and inserting the
following:
`(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 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 DECOMMISSIONING FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is
amended--
(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 restrictions governing the
control, maintenance, use, and disbursement by any former licensee under
this Act that has control over any fund for the decommissioning 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, prescribe and collect from any other Government
agency any fee, charge, or price that the Commission may require in
accordance with section 9701 of title 31, United States Code, or any other
law'.
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 Commission 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:
`(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
license 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:
`(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 pending 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).
`(b) CONSIDERATIONS- The criteria under subsection (a) shall take into
consideration whether the acceptance of the gift would compromise the
integrity of, or the appearance of the integrity of, the Commission or any
officer or employee of the Commission.'.
(2) 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) is amended by adding at the end the following:
`Sec. 170C. Criteria for acceptance of gifts.'.
SEC. 915. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
(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 employees, such of the employees of
its contractors and subcontractors (at any tier) engaged in the protection of
property under the jurisdiction of the United States located at facilities
owned by or contracted to the United States or being transported to or from
such facilities, and such of the employees of persons licensed or certified by
the Commission (including employees of contractors of licensees or certificate
holders) engaged in the protection of facilities owned or operated 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
licensee 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
duties, 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 reasonable ground to
believe that the individual has committed or is committing such a
felony.
`(2) LIMITATION- An employee of a contractor or subcontractor or of
a Commission licensee or certificate holder (or a contractor of a licensee
or certificate holder) authorized to make an arrest under paragraph (1) may
make an arrest only--
`(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 Department of Energy, the Nuclear Regulatory Commission,
or a contractor of the Department of Energy or Nuclear Regulatory
Commission or a licensee or certificate holder 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 security that is in the custody of a licensee or
certificate holder or a contractor of a licensee or certificate holder
of the Commission; or
`(iv) any provision of this Act that subjects an offender to a
fine, imprisonment, or both.
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