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H.R.4733
Energy and Water Development Appropriations Act, 2001 (Public
Print)
`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
Administration.'
`(b) The provision of this section shall take effect 60 days after the
date of enactment of this section.'.
SEC. 316. The Administrator of the National Nuclear Security
Administration may authorize the plant manager of a covered nuclear weapons
production plant to engage in research, development, and demonstration
activities with respect to the engineering and manufacturing 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 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.
SEC. 317. LIMITING THE INCLUSION OF COSTS OF PROTECTION OF, MITIGATION
OF DAMAGE TO, AND ENHANCEMENT OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY
THE BONNEVILLE POWER ADMINISTRATION, TO THE RATE PERIOD IN WHICH THE COSTS ARE
INCURRED. Section 7 of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839e) is amended by adding at the end the
following:
`(n) LIMITING THE INCLUSION OF COSTS OF PROTECTION OF, MITIGATION OF
DAMAGE TO, AND ENHANCEMENT OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY THE
BONNEVILLE POWER ADMINISTRATION, TO THE RATE PERIOD IN WHICH THE COSTS ARE
INCURRED- Notwithstanding any other provision of this section, rates
established by the Administrator, under this section shall recover costs for
protection, mitigation and enhancement of fish and wildlife, whether under the
Pacific Northwest Electric Power Planning and Conservation Act or any other
Act, not to exceed such amounts the Administrator forecasts will be expended
during the fiscal year 2002-2006 rate period, while preserving the
Administrator's ability to establish appropriate reserves and maintain a high
Treasury payment probability for the subsequent rate period.'.
SEC. 318. 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. 319. (a) LIMITATION ON TOTAL COST OF CONSTRUCTION OF NATIONAL
IGNITION FACILITY- Notwithstanding any other provision of law, the total
amount that may be expended for purposes of construction of the National
Ignition Facility, including conceptual and construction design associated
with the Facility, may not exceed $74,100,000.
(b) INDEPENDENT REVIEW OF NATIONAL IGNITION FACILITY- (1) The
Administrator of the National Nuclear Security Administration shall provide
for an independent review of the National Ignition Facility and the Inertial
Confinement Fusion Program. The review shall be conducted by the National
Academy of Sciences.
(2) The review under paragraph (1) shall address the
following:
(A) Whether or not the National Ignition Facility is required in
order to maintain the safety and reliability of the current nuclear weapons
stockpile.
(B) Whether or not alternatives to the National Ignition Facility
could achieve the objective of maintaining the safety and reliability of the
current nuclear weapons stockpile.
(C) Any current technical problems with the National Ignition
Facility, including the effects of such problems on the cost, schedule, or
likely success of the National Ignition Facility project.
(D) The likely cost of the construction of the National Ignition
facility, including any conceptual and construction design and manufacture
associated with construction of the Facility.
(E) The potential effects of cost overruns in the construction of
the National Ignition Facility on the stockpile stewardship
program.
(F) The cost and advisability of scaling back the number of proposed
beamlines at the National Ignition Facility.
(3) Not later than September 1, 2001, the Administrator shall submit
to Congress a report on the review conducted under this subsection. The report
shall include the results of the review and such comments and recommendations
regarding the results of the review as the Administrator considers
appropriate.
Sec. 320. (a) FINDING- Congress finds that the Department of Energy is
seeking innovative technologies for the demilitarization of weapons components
and the treatment of mixed waste resulting from the demilitarization of such
components.
(b) EVALUATION OF ADAMS PROCESS- The Secretary of Energy shall conduct
an evaluation of the so-called `Adams process' currently being tested by the
Department of Energy at its Diagnostic Instrumentation and Analysis Laboratory
using funds of the Department of Defense.
(c) REPORT- Not later than September 30, 2001, the Secretary of Energy
shall submit to Congress a report on the evaluation conducted under subsection
(b).
Sec. 321. Report on National Energy Policy. (a) FINDINGS- Congress
finds that--
(A) diesel prices have increased nearly 40 percent;
(B) liquid petroleum prices have increased approximately 55
percent; and
(C) gasoline prices have increased approximately 50
percent;
(2)(A) natural gas is the heating fuel for most homes and commercial
buildings; and
(B) the price of natural gas increased 7.8 percent during June 2000
and has doubled since 1999;
(3) strong demand for gasoline and diesel fuel has resulted in
inventories of home heating oil that are down 39 percent from a year
ago;
(4) rising oil and natural gas prices are a significant factor in
the 0.6 percent increase in the Consumer Price Index for June 2000 and the
3.7 percent increase over the past 12 months;
(5) demand for diesel fuel, liquid petroleum, and gasoline has
continued to increase while supplies have decreased;
(6) the current energy crisis facing the United States has had and
will continue to have a detrimental impact on the economy;
(7) the price of energy greatly affects the input costs of farmers,
truckers, and small businesses; and
(8) on July 21, 2000, in testimony before the Committee on
Agriculture, Nutrition, and Forestry of the Senate, the Secretary of Energy
stated that the Administration had developed and was in the process of
finalizing a plan to address potential home heating oil and natural gas
shortages.
(b) REPORT- Not later than September 30, 2000, the Secretary of Energy
shall submit to Congress a report detailing the Department of Energy's plan to
address the high cost of home heating oil and natural gas.
Sec. 322. (a) FINDINGS- The Senate makes the following
findings:
(1) The closure or downsizing of a Department of Energy facility can
have serious economic impacts on communities that have been built around and
in support of the facility.
(2) To mitigate the devastating impacts of the closure of Department
of Energy facilities on surrounding communities, section 3161 of the
National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h)
provides a mechanism for the provision of financial assistance to such
communities for redevelopment and to assist employees of such facilities in
transferring to other employment.
(3) Limitations on the capacity of the Department of Energy to seek
reprogramming of funds for worker and community assistance programs in
response to the closure or downsizing of Department facilities undermines
the capability of the Department to respond appropriately to unforeseen
contingencies.
(b) SENSE OF SENATE- It is the sense of the Senate that, in agreeing
to the conference report to accompany the bill H.R. 4733 of the 106th
Congress, the conferees on the part of the Senate should not recede to
provisions or language proposed by the House of Representatives that would
limit the capacity of the Department of Energy to augment funds available for
worker and community assistance grants under section 3161 of the National
Defense Authorization for Fiscal Year 1993 or under the provisions of the USEC
Privatization Act (subchapter A of chapter 1 of title III of Public Law
104-134; 42 U.S.C. 2297h et seq.).
Sec. 323. Report on Impacts of a State-Imposed Limit on the Quantity
of Spent Nuclear Fuel That May Be Stored Onsite. (a) SECRETARY OF ENERGY- Not
later than 90 days after the date of enactment of this Act, the Secretary of
Energy shall submit to Congress a report containing a description of all
alternatives that are available to the Northern States Power Company and the
Federal Government to allow the Company to continue to operate the Prairie
Island Nuclear Generating Plant until the end of the term of the license
issued to the Company by the Nuclear Regulatory Commission, in view of a law
of the State of Minnesota that limits the quantity of spent nuclear fuel that
may be stored at the Plant, assuming that existing Federal and State laws
remain unchanged.
Sec. 324. Limitation on Use of Funds To Promote or Advertise Public
Tours. (a) IN GENERAL- Notwithstanding any other provision of law, no funds
made available under this title shall be used to promote or advertise any
public tour of the Yucca Mountain facility of the Department of
Energy.
(b) APPLICABILITY- Subsection (a) does not apply to a public notice
that is required by statute or regulation.
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 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, $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.
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,
subject to enactment of authorization by law.
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 $457,100,000 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 regulatory
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 $24,800,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in carrying
out the provisions of the Inspector General Act of 1978, as amended,
$5,500,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services and
collections estimated at $5,500,000 in fiscal year 2001 shall be retained and
be available until expended, for necessary salaries and expenses in this
account: 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
$0.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Nuclear Waste Technical Review Board, as
authorized by Public Law 100-203, section 5051, $3,000,000, to be derived from
the Nuclear Waste Fund, and to remain available until expended.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. Presidential Energy Commission. (a) FINDINGS- Congress finds
that--
(1) crude oil and natural gas account for two-thirds of America's
energy consumption;
(2) in May 2000, United States natural gas stocks totaled 1,450
billion cubic feet, 36 percent below the normal natural gas inventory of
2,281 billion cubic feet;
(3) in July 2000, United States crude oil inventories totaled
298,000,000 barrels, 11 percent below the 24-year average of 334,000,000
barrels;
(4) in June 2000, distillate fuel (heating oil and diesel fuel)
inventories totaled 103,700,000 barrels, 26 percent below the 24-year
average of 140,000,000 barrels;
(5) combined shortages in inventories of natural gas, crude oil, and
distillate stocks, coupled with steady or increased demand, could cause
supply and price shocks that would likely have a severe impact on consumers
and the economy; and
(6) energy supply is a critical national security issue.
(b) PRESIDENTIAL ENERGY COMMISSION-
(A) IN GENERAL- The President shall establish, from among a group
of not fewer than 30 persons recommended jointly by the Speaker and
Minority Leader of the House of Representatives and the Majority Leader
and Minority Leader of the Senate, a Presidential Energy Commission
(referred to in this section as the `Commission'), which shall consist of
between 15 and 21 representatives from among the following
categories:
(i) Oil and natural gas producing States.
(ii) States with no oil or natural gas
production.
(iii) Oil and natural gas industries.
(iv) Consumer groups focused on energy issues.
(v) Environmental groups.
(vi) Experts and analysts familiar with the supply and demand
characteristics of all energy sectors.
(vii) The Energy Information Administration.
(B) TIMING- The appointments of the members of the Commission
shall be made not later than 30 days after the date of enactment of this
Act.
(C) PERIOD OF APPOINTMENT- Members shall be appointed for the life
of the Commission. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(D) CHAIRPERSON- The members of the Commission shall appoint 1 of
the members to serve as Chairperson of the Commission.
(E) INITIAL MEETING- Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(F) MEETINGS- The Commission shall meet at the call of the
Chairperson.
(A) IN GENERAL- The Commission shall--
(i) conduct a study, focusing primarily on the oil and natural
gas industries, of--
(I) the status of inventories of natural gas, crude oil, and
distillate fuel in the United States, including trends and projections
for those inventories;
(II) the causes for and consequences of energy supply
disruptions and energy product shortages nationwide and in particular
regions;
(III) ways in which the United States can become less
dependent on foreign oil supplies;
(IV) ways in which the United States can better manage and
utilize its domestic energy resources;
(V) ways in which alternative energy supplies can be used to
reduce demand on traditional energy sectors;
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