[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[Senate]
[Pages 16983-16995]
[From the U.S. Government Publishing Office, www.gpo.gov]



         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2001

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the bill.
  The bill clerk read the title as follows:

       A bill (H.R. 4733) making appropriations for energy and 
     water development for the fiscal year ending September 30, 
     2001, and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Appropriations, with an amendment as follows:

       Strike all after the enacting clause and insert the part 
     printed in italic.
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2001, for energy and water development, 
     and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood control, beach erosion, and related purposes.


                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     $139,219,000, to remain available until expended.


                         Construction, General

       For the prosecution of river and harbor, flood control, 
     shore protection, and related projects authorized by laws; 
     and detailed studies, and plans and specifications, of 
     projects (including those for development with participation 
     or under consideration for participation by States, local 
     governments, or private groups) authorized or made eligible 
     for selection by law (but such studies shall not constitute a 
     commitment of the Government to construction), 
     $1,361,449,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredged Material 
     Disposal Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund, as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, for one-half of the costs of construction and 
     rehabilitation of inland waterways projects, including 
     rehabilitation costs for the Lock and Dam 24, Mississippi 
     River, Illinois and Missouri; Lock and Dam 3, Mississippi 
     River, Minnesota; London Locks and Dam; Kanawha River, West 
     Virginia; and Lock and Dam 12, Mississippi River, Iowa 
     projects; and of which funds are provided for the following 
     projects in the amounts specified:
       Indianapolis Central Waterfront, Indiana, $4,000,000;
       Jackson County, Mississippi, $2,000,000; and
       Upper Mingo County (including Mingo County Tributaries), 
     Lower Mingo County (Kermit), Wayne County, and McDowell 
     County, elements of the Levisa and Tug Forks of the Big Sandy 
     River and Upper Cumberland River project in West Virginia, 
     $4,100,000:

     Provided, That no part of any appropriation contained in this 
     Act shall be expended or obligated to begin Phase II on the 
     John Day Drawdown study or to initiate a study of the 
     drawdown of McNary Dam unless authorized by law: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed hereafter to use available 
     Construction, General funds in addition to funding provided 
     to Public Law 104-206 to complete design and construction of 
     the Red River Regional Visitors Center in the vicinity of 
     Shreveport, Louisiana at an estimated cost of $6,000,000: 
     Provided further, That section 101(b)(4) of the Water 
     Resources Development Act of 1996, is amended by striking 
     ``total cost of $8,600,000'' and inserting in lieu thereof, 
     ``total cost of $15,000,000'': Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $3,000,000 of the funds appropriated 
     herein for additional emergency bank stabilization measures 
     at Galena, Alaska under the same terms and conditions as 
     previous emergency bank stabilization work undertaken at 
     Galena, Alaska pursuant to Section 116 of Public Law 99-190: 
     Provided further, That with $4,200,000 of the funds 
     appropriated herein, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to continue 
     construction of the Brunswick County Beaches, North Carolina-
     Ocean Isle Beach portion in accordance with the General 
     Reevaluation Report approved by the Chief of Engineers on May 
     15, 1998: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to use not 
     to exceed $300,000 of funds appropriated herein to reimburse 
     the City of Renton, Washington, at full Federal expense, for 
     mitigation expenses incurred for the flood control project 
     constructed pursuant to 33 U.S.C. 701s at Cedar River, City 
     of Renton, Washington, as a result of over-dredging by the 
     Army Corps of Engineers: Provided further, That the Secretary 
     of the Army, acting through the Chief of Engineers, may use 
     Construction, General funding as directed in Public Law 105-
     62 and Public Law 105-245 to initiate construction of an 
     emergency outlet from Devils Lake, North Dakota, to the 
     Sheyenne River, except that the funds shall not become 
     available unless the Secretary of the Army determines that an 
     emergency (as defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)) exists with respect to the emergency need for 
     the outlet and reports to Congress that the construction is 
     technically sound, economically justified, and 
     environmentally acceptable, and in compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.): Provided further, That the economic justification for 
     the emergency outlet shall be prepared in accordance with the 
     principles and guidelines for economic evaluation as required 
     by regulations and procedures of the Army Corps of Engineers 
     for all flood control projects, and that the economic 
     justification be fully described, including the analysis of 
     the benefits and costs, in the project plan documents: 
     Provided further, That the plans for the emergency outlet 
     shall be reviewed and, to be effective, shall contain 
     assurances provided by the Secretary of State, after 
     consultation with the International Joint Commission, that 
     the project will not violate the requirements or intent of 
     the Treaty Between the United States and Great Britain 
     Relating to Boundary Waters Between the United States and 
     Canada, signed at Washington January 11, 1909 (36 Stat. 2448; 
     TS 548) (commonly known as the ``Boundary Waters Treaty of 
     1909''): Provided further, That the Secretary of the Army

[[Page 16984]]

     shall submit the final plans and other documents for the 
     emergency outlet to Congress: Provided further, That no funds 
     made available under this Act or any other Act for any fiscal 
     year may be used by the Secretary of the Army to carry out 
     the portion of the feasibility study of the Devils Lake 
     Basin, North Dakota, authorized under the Energy and Water 
     Development Appropriations Act, 1993 (Public Law 102-377), 
     that addresses the needs of the area for stabilized lake 
     levels through inlet controls, or to otherwise study any 
     facility or carry out any activity that would permit the 
     transfer of water from the Missouri River Basin into Devils 
     Lake.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For expenses necessary for prosecuting work of flood 
     control, and rescue work, repair, restoration, or maintenance 
     of flood control projects threatened or destroyed by flood, 
     as authorized by law (33 U.S.C. 702a and 702g-1), 
     $324,450,000, to remain available until expended: Provided, 
     That the Secretary of the Army is directed to complete his 
     analysis and determination of Federal maintenance of the 
     Greenville Inner Harbor, Mississippi navigation project in 
     accordance with Section 509 of the Water Resources 
     Development Act of 1996.


                   Operation and Maintenance, General

       For expenses necessary for the preservation, operation, 
     maintenance, and care of existing river and harbor, flood 
     control, and related works, including such sums as may be 
     necessary for the maintenance of harbor channels provided by 
     a State, municipality or other public agency, outside of 
     harbor lines, and serving essential needs of general commerce 
     and navigation; surveys and charting of northern and 
     northwestern lakes and connecting waters; clearing and 
     straightening channels; and removal of obstructions to 
     navigation, $1,862,471,000, to remain available until 
     expended, of which such sums as become available in the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, 
     may be derived from that Fund; and of which such sums as 
     become available from the special account established by the 
     Land and Water Conservation Act of 1965, as amended (16 
     U.S.C. 460l), may be derived from that account for 
     construction, operation, and maintenance of outdoor 
     recreation facilities: Provided, That the Secretary of the 
     Army, acting through the Chief of Engineers, from the funds 
     provided herein for the operation and maintenance of New York 
     Harbor, New York, is directed to prepare the necessary 
     documentation and initiate removal of submerged obstructions 
     and debris in the area previously marked by the Ambrose Light 
     Tower in the interest of safe navigation.


                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $120,000,000, to remain available until expended: Provided, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use funds appropriated herein to: 
     (1) by March 1, 2001, supplement the report, Cost Analysis 
     For the 1999 Proposal to Issue and Modify Nationwide Permits, 
     to reflect the Nationwide Permits actually issued on March 9, 
     2000, including changes in the acreage limits, 
     preconstruction notification requirements and general 
     conditions between the rule proposed on July 21, 1999, and 
     the rule promulgated and published in the Federal Register; 
     (2) after consideration of the cost analysis for the 1999 
     proposal to issue and modify nationwide permits and the 
     supplement prepared pursuant to this Act and by September 30, 
     2001, prepare, submit to Congress and publish in the Federal 
     Register a Permit Processing Management Plan by which the 
     Corps of Engineers will handle the additional work associated 
     with all projected increases in the number of individual 
     permit applications and preconstruction notifications related 
     to the new and replacement permits and general conditions. 
     The Permit Processing Management Plan shall include specific 
     objective goals and criteria by which the Corps of Engineers' 
     progress towards reducing any permit backlog can be measured; 
     (3) beginning on December 31, 2001, and on a biannual basis 
     thereafter, report to Congress and publish in the Federal 
     Register, an analysis of the performance of its program as 
     measured against the criteria set out in the Permit 
     Processing Management Plan; (4) implement a 1-year pilot 
     program to publish quarterly on the U.S. Army Corps of 
     Engineer's Regulatory Program website all Regulatory Analysis 
     and Management Systems (RAMS) data for the South Pacific 
     Division and North Atlantic Division beginning within 30 days 
     of the enactment of this Act; and (5) publish in Division 
     Office websites all findings, rulings, and decisions rendered 
     under the administrative appeals process for the Corps of 
     Engineers Regulatory Program as established in Public Law 
     106-60: Provided further, That, through the period ending on 
     September 30, 2003, the Corps of Engineers shall allow any 
     appellant to keep a verbatim record of the proceedings of the 
     appeals conference under the aforementioned administrative 
     appeals process: Provided further, That within 30 days of the 
     enactment of this Act, the Secretary of the Army, acting 
     through the Chief of Engineers, shall require all U.S. Army 
     Corps of Engineers Divisions and Districts to record the date 
     on which a Section 404 individual permit application or 
     nationwide permit notification is filed with the Corps of 
     Engineers: Provided further, That the Corps of Engineers, 
     when reporting permit processing times, shall track both the 
     date a permit application is first received and the date the 
     application is considered complete, as well as the reason 
     that the application is not considered complete upon first 
     submission.


            Formerly Utilized Sites Remedial Action Program

       For expenses necessary to clean up contamination from sites 
     throughout the United States resulting from work performed as 
     part of the Nation's early atomic energy program, 
     $140,000,000, to remain available until expended.


                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Water Resources Support Center, and 
     headquarters support functions at the USACE Finance Center, 
     $152,000,000, to remain available until expended: Provided, 
     That no part of any other appropriation provided in title I 
     of this Act shall be available to fund the activities of the 
     Office of the Chief of Engineers or the executive direction 
     and management activities of the division offices: Provided 
     further, That none of these funds shall be available to 
     support an office of congressional affairs within the 
     executive office of the Chief of Engineers.


                             Revolving Fund

       Amounts in the Revolving fund are available for the costs 
     of relocating the U.S. Army Corps of Engineers headquarters 
     to office space in the General Accounting Office headquarters 
     building in Washington, D.C.


                       Administrative Provisions

       Appropriations in this title shall be available for 
     official reception and representation expenses (not to exceed 
     $5,000); and during the current fiscal year the Revolving 
     Fund, Corps of Engineers, shall be available for purchase 
     (not to exceed 100 for replacement only) and hire of 
     passenger motor vehicles.


             GENERAL PROVISIONS--Corps of Engineers--Civil

       Sec. 101. Notwithstanding any other provisions of law, no 
     fully allocated funding policy shall be applied to projects 
     for which funds are identified in the Committee reports 
     accompanying this Act under the Construction, General; 
     Operation and Maintenance, General; and Flood Control, 
     Mississippi River and Tributaries, appropriation accounts: 
     Provided, That the Secretary of the Army, acting through the 
     Chief of Engineers, is directed to undertake these projects 
     using continuing contracts, as authorized in section 10 of 
     the Rivers and Harbors Act of September 22, 1922 (33 U.S.C. 
     621).
       Sec. 102. Agreements proposed for execution by the 
     Assistant Secretary of the Army for Civil Works or the United 
     States Army Corps of Engineers after the date of the 
     enactment of this Act pursuant to section 4 of the Rivers and 
     Harbor Act of 1915, Public Law 64-291; section 11 of the 
     River and Harbor Act of 1925, Public Law 68-585; the Civil 
     Functions Appropriations Act, 1936, Public Law 75-208; 
     section 215 of the Flood Control Act of 1968, as amended, 
     Public Law 90-483; sections 104, 203, and 204 of the Water 
     Resources Development Act of 1986, as amended (Public Law 99-
     662); section 206 of the Water Resources Development Act of 
     1992, as amended, Public Law 102-580; section 211 of the 
     Water Resources Development Act of 1996, Public Law 104-303, 
     and any other specific project authority, shall be limited to 
     credits and reimbursements per project not to exceed 
     $10,000,000 in each fiscal year, and total credits and 
     reimbursements for all applicable projects not to exceed 
     $50,000,000 in each fiscal year.
       Sec. 103. None of the funds made available in this Act may 
     be used to revise the Missouri River Master Water Control 
     Manual when it is made known to the Federal entity or 
     official to which the funds are made available that such 
     revision provides for an increase in the springtime water 
     release program during the spring heavy rainfall and snow 
     melt period in States that have rivers draining into the 
     Missouri River below the Gavins Point Dam.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $38,724,000, to remain available 
     until expended, of which $19,158,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account: 
     Provided, That of the amounts deposited into that account, 
     $5,000,000 shall be considered the Federal contribution 
     authorized by paragraph 402(b)(2) of the Central Utah Project 
     Completion Act and $14,158,000 shall be available to the Utah 
     Reclamation Mitigation and Conservation Commission to carry 
     out activities authorized under that Act.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,216,000, to remain available until expended.

                         Bureau of Reclamation

       For carrying out the functions of the Bureau of Reclamation 
     as provided in the Federal reclamation laws (Act of June 17, 
     1902, 32 Stat. 388, and Acts amendatory thereof or 
     supplementary thereto) and other Acts applicable to that 
     Bureau as follows:


                      water and related resources

                     (including transfer of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation,

[[Page 16985]]

     maintenance and rehabilitation of reclamation and other 
     facilities, participation in fulfilling related Federal 
     responsibilities to Native Americans, and related grants to, 
     and cooperative and other agreements with, State and local 
     governments, Indian tribes, and others, $655,192,000, to 
     remain available until expended, of which $1,916,000 shall be 
     available for transfer to the Upper Colorado River Basin Fund 
     and $38,667,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund; of which $16,000,000 shall be for on-reservation water 
     development, feasibility studies, and related administrative 
     costs under Public Law 106-163; of which not more than 25 
     percent of the amount provided for drought emergency 
     assistance may be used for financial assistance for the 
     preparation of cooperative drought contingency plans under 
     Title II of Public Law 102-250; and of which not more than 
     $500,000 is for high priority projects which shall be carried 
     out by the Youth Conservation Corps, as authorized by 16 
     U.S.C. 1706: Provided, That such transfers may be increased 
     or decreased within the overall appropriation under this 
     heading: Provided further, That of the total appropriated, 
     the amount for program activities that can be financed by the 
     Reclamation Fund or the Bureau of Reclamation special fee 
     account established by 16 U.S.C. 460l-6a(i) shall be derived 
     from that Fund or account: Provided further, That funds 
     contributed under 43 U.S.C. 395 are available until expended 
     for the purposes for which contributed: Provided further, 
     That funds advanced under 43 U.S.C. 397a shall be credited to 
     this account and are available until expended for the same 
     purposes as the sums appropriated under this heading: 
     Provided further, That funds available for expenditure for 
     the Departmental Irrigation Drainage Program may be expended 
     by the Bureau of Reclamation for site remediation on a non-
     reimbursable basis: Provided further, That section 301 of 
     Public Law 102-250, Reclamation States Emergency Drought 
     Relief Act of 1991, as amended, is amended further by 
     inserting ``2000, and 2001'' in lieu of ``and 2000'': 
     Provided further, That the amount authorized for Indian 
     municipal, rural, and industrial water features by section 10 
     of Public Law 89-108, as amended by section 8 of Public Law 
     99-294, section 1701(b) of Public Law 102-575, Public Law 
     105-245, and Public Law 106-60 is increased by $2,000,000 
     (October 1998 prices): Provided further, That the amount 
     authorized for Minidoka Project North Side Pumping Division, 
     Idaho, by section 5 of Public Law 81-864, is increased by 
     $2,805,000: Provided further, That the Reclamation Safety of 
     Dams Act of 1978 (43 U.S.C. 509) is amended as follows: (1) 
     by inserting in Section 4(c) after ``1984,'' and before 
     ``costs'' the following: ``and the additional $95,000,000 
     further authorized to be appropriated by amendments to that 
     Act in 2000,''; (2) by inserting in Section 5 after 
     ``levels),'' and before ``plus'' the following: ``and, 
     effective October 1, 2000, not to exceed an additional 
     $95,000,000 (October 1, 2000, price levels),''; and (3) by 
     striking ``sixty days (which'' and all that follows through 
     ``day certain)'' and inserting in lieu thereof ``30 calendar 
     days''.


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $8,944,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l): Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974, as amended: 
     Provided further, That these funds are available to subsidize 
     gross obligations for the principal amount of direct loans 
     not to exceed $27,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $425,000, to 
     remain available until expended: Provided, That of the total 
     sums appropriated, the amount of program activities that can 
     be financed by the Reclamation Fund shall be derived from 
     that Fund.


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $38,382,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
     remain available until expended: Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575.


                       policy and administration

       For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $50,224,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                       administrative provisions

       Sec. 201. Appropriations for the Bureau of Reclamation 
     shall be available for purchase of not to exceed four 
     passenger motor vehicles for replacement only.
       Sec. 202. Funds under this title for Drought Emergency 
     Assistance shall be made available primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors, in compliance with existing State laws and 
     administered under State water priority allocation. Such 
     leases may be entered into with an option to purchase: 
     Provided, That such purchase is approved by the State in 
     which the purchase takes place and the purchase does not 
     cause economic harm within the State in which the purchase is 
     made.


                           GENERAL PROVISION

       Sec. 203. (a) For fiscal year 2001 and each fiscal year 
     thereafter, the Secretary of the Interior shall continue the 
     funding of monitoring and research, as authorized by section 
     1807 of the Grand Canyon Protection Act of 1992 (106 Stat. 
     4672), at not more than $7,687,000, adjusted to reflect 
     changes in the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.
       (b) The activities to be funded as provided under 
     subsection (a) include activities required to meet the 
     requirements of subsections (a) and (b) of section 1805 of 
     the Grand Canyon Protection Act of 1992 (106 Stat. 4672), 
     including the requirements of the Biological Opinion on the 
     Operation of Glen Canyon Dam and activities required by the 
     Programmatic Agreement on Cultural and Historic Properties.
       (c) To the extent that funding under subsection (a) is 
     insufficient to pay the costs of the monitoring and research, 
     the Secretary of the Interior may use funds appropriated to 
     carry out section 8 of the Act of April 11, 1956 (commonly 
     known as the ``Colorado River Storage Project Act'') (43 
     U.S.C. 620g), to pay those costs.
       Sec. 204. Effective for fiscal year 2000, and each 
     subsequent fiscal year, notwithstanding any other provision 
     of law, no funds appropriated in this or any other act shall 
     be expended to implement the policies articulated in the 
     memorandum dated June 19, 2000, concerning the Middle Rio 
     Grande Project, written by the Solicitor of the Department of 
     the Interior to the Commissioner of the Bureau of Reclamation 
     and the Director of the Fish and Wildlife Service, and the 
     legal analysis referenced in the memorandum or any subsequent 
     recommendations, directives or other correspondence including 
     a letter referenced ALB-105 ENV-4.00, dated July 6, 2000, to 
     the Chief Executive Officer of the Middle Rio Grande 
     Conservancy District from the Albuquerque Area Manager of the 
     Bureau of Reclamation addressing the issues raised by this 
     Solicitor's memorandum except as may be provided in an 
     agreement entered into by all affected holders of water 
     rights within the Middle Rio Grande Conservancy District and 
     which agreement has been approved by the New Mexico State 
     Engineer, or as may be required by a final non-appealable 
     court order.
       Effective for fiscal year 2000, and each subsequent fiscal 
     year, notwithstanding any other provision of law, no funds 
     appropriated in this or any other Act shall be expended to 
     implement the policies, recommendations and directives 
     articulated in a letter referenced ENV-4.00, ALB-105, dated 
     June 29, 2000, to the Chairman of the Board of Directors for 
     the Fort Sumner Irrigation District from the Albuquerque Area 
     Manager of the Bureau of Reclamation regarding the Fort 
     Sumner Diversion Dam Water Operations except as may be 
     provided in an agreement entered into by all affected holders 
     of water rights within the Fort Sumner Irrigation District 
     and which agreement has been approved by the New Mexico State 
     Engineer, or as may be required by a final non-appealable 
     court order.
       Sec. 205. Section 202 of Division B, Title I, Chapter 2 of 
     Public Law 106-246 is amended by adding at the end the 
     following: ``This section shall be effective through 
     September 30, 2001.''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply


                     (including transfer of funds)

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply, and uranium 
     supply and enrichment 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 17 passenger motor vehicles for replacement 
     only, $691,520,000 to remain available until September 30, 
     2002, of which $12,000,000 shall be derived by transfer from 
     the United States Enrichment Corporation Fund: Provided, 
     That, in addition, royalties received to compensate the 
     Department of Energy for its participation in the First-Of-A-
     Kind-Engineering program shall be credited to this account to 
     be available until September 30, 2002 for the purposes of 
     Nuclear Energy, Science and Technology activities.


                  Non-Defense Environmental Management

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     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, $309,141,000, to 
     remain available until expended.

[[Page 16986]]




      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions and other activities of title II of the Atomic Energy 
     Act of 1954 and title X, subtitle A of the Energy Policy Act 
     of 1992, $297,778,000, to be derived from the Fund, to remain 
     available until expended: Provided, That $30,000,000 of 
     amounts derived from the Fund for such expenses shall be 
     available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.


                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science 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 facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed 58 passenger motor 
     vehicles for replacement only, $2,870,112,000, to remain 
     available until expended: Provided, That notwithstanding any 
     other provision of law, not to exceed $51,163,000 of the 
     funds appropriated herein may be obligated for the Small 
     Business Innovation Research program and not to exceed 
     $3,069,000 of the funds appropriated herein may be obligated 
     for the Small Business Technology Transfer program.


                         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, $59,175,000, to remain available until expended 
     and to be derived from the Nuclear Waste Fund: Provided, That 
     not to exceed $2,500,000 may be provided to the State of 
     Nevada solely for expenditures, other than salaries and 
     expenses of State employees, to conduct scientific oversight 
     responsibilities pursuant to the Nuclear Waste Policy Act of 
     1982, (Public Law 97-425) as amended: Provided further, That 
     not to exceed $5,887,000 may be provided to affected units of 
     local governments, as defined in Public Law 97-425, to 
     conduct appropriate activities pursuant to the Act: Provided 
     further, That the distribution 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 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 Environmental 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. Failure to 
     provide such certification shall cause such entity to be 
     prohibited from any further funding provided for similar 
     activities: Provided, 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 available without 
     further appropriation and shall remain available until 
     expended.


                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary 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), $210,128,000, to remain available 
     until expended, plus such additional 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 $128,762,000 in 
     fiscal year 2001 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized 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 revenues 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 $81,366,000.


                    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, $28,988,000, to remain 
     available until expended.

                    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), $4,883,289,000, 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 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, $908,967,000, to remain available until 
     expended: Provided, That not to exceed $5,000 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, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense, Naval Reactor 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, 
     $694,600,000, 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 
     $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 67 passenger motor vehicles 
     for replacement only, $4,635,763,000, to remain available 
     until expended: Provided, That any amounts appropriated under 
     this heading that are used to provide economic assistance 
     under section 15 of the Waste Isolation Pilot Plant Land 
     Withdrawal Act (Public Law 102-579) shall be utilized to the 
     extent necessary to reimburse costs of financial assurances 
     required of a contractor by any permit or license of the 
     Waste Isolation Pilot Plant issued by the State of New 
     Mexico.

                  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 equipment and other necessary expenses, 
     $1,082,297,000, to remain available 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.), $324,000,000, 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, $579,463,000, 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, $292,000,000, 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 
     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 
     Appropriations Act, 1997 (Public Law 104-206), is amended by 
     striking the last sentence and inserting, ``This authority 
     shall expire September 30, 2005.''.

[[Page 16987]]




      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, notwithstanding the provisions 
     of 31 U.S.C. 3302, amounts collected by the Southeastern 
     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 $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

                     (including transfer of funds)

       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, substations 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 provisions 
     of 31 U.S.C. 3302, not to exceed $4,200,000 in 
     reimbursements, to remain available until expended: Provided, 
     That amounts 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 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.


 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, $164,916,000, 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 appropriated, $5,950,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation 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 
     $42,500,000; 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 
     hydroelectric 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 2001 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.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

       Sec. 301. (a) None of the funds appropriated by this Act 
     for Department of Energy programs may be used to award, 
     amend, or modify a contract in a manner that deviates from 
     the Federal Acquisition Regulation unless, on a case-by-case 
     basis, a waiver to allow for such a deviation is granted.
       (b) The Administrator of the National Nuclear Security 
     Administration shall have the exclusive waiver authority for 
     activities under ``Atomic Energy Defense Activities, National 
     Nuclear Security Administration'' and may not delegate the 
     authority to grant such a waiver. The Secretary of Energy 
     shall have the exclusive waiver authority for all other 
     activities which may not be delegated.
       (c) At least 60 days before a contract award, amendment, or 
     modification for which the Secretary intends to grant such a 
     waiver as provided for in subsection (b), 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 the reasons for 
     the waiver.
       (d) At least 60 days before a contract award, amendment, or 
     modification for which the Administrator of the National 
     Nuclear Security Administration intends to grant such a 
     waiver as provided in subsection (b), the Administrator 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 the reasons for 
     the waiver.
       Sec. 302. (a) None of the funds appropriated by this Act 
     under ``Atomic Energy Defense Activities, National Nuclear 
     Security Administration'' may be used to award, amend, or 
     modify a contract in a manner that deviates from the Federal 
     Acquisition Regulation, unless the Administrator of the 
     National Nuclear Security Administration grants, on a case-
     by-case basis, a waiver to allow for such a deviation. The 
     Administrator may not delegate the authority to grant such a 
     waiver.
       (b) At least 60 days before a contract award, amendment, or 
     modification for which the Administrator intends to grant 
     such a waiver, the Administrator 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 the reasons for the waiver.
       Sec. 303. 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 benefits 
     for employees of the Department of Energy, under section 3161 
     of the National Defense Authorization Act for Fiscal Year 
     1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
       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 
     appropriation 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. Notwithstanding 41 U.S.C. 254c(a), the Secretary 
     of Energy may use funds appropriated by this Act to enter 
     into or continue multi-year contracts for the acquisition of 
     property or services under the head, ``Energy Supply'' 
     without obligating the estimated costs associated with any 
     necessary cancellation or termination of the contract. The 
     Secretary of Energy may pay costs of termination or 
     cancellation from--
       (1) appropriations originally available for the performance 
     of the contract concerned;
       (2) appropriations currently available for procurement of 
     the type of property or services concerned, and not otherwise 
     obligated; or
       (3) funds appropriated for those payments.
       Sec. 307. Of the funds in this Act provided to government-
     owned, contractor-operated laboratories, up to 6 percent 
     shall be available to be used for Laboratory Directed 
     Research and Development: Provided, That the funds in the 
     Environmental Management programs of the Department of Energy 
     are available for Laboratory Directed Research and 
     Development.
       Sec. 308. (a) Of the funds appropriated by this title to 
     the Department of Energy, not more than $200,000,000 shall be 
     available for reimbursement of management and operating 
     contractor travel expenses.
       (b) Funds appropriated by this title to the Department of 
     Energy may be used to reimburse a Department of Energy 
     management 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 exceptions to the 
     reimbursement requirements of this section as the Secretary 
     considers appropriate.
       Sec. 309. (a) None of the funds in this Act or any future 
     Energy and Water Development Appropriations Act may be 
     expended after December 31 of each year under a covered 
     contract unless the funds are expended in accordance with a 
     Laboratory Funding Plan that has been approved by the 
     Administrator of the National Nuclear Security 
     Administration. At the beginning

[[Page 16988]]

     of each fiscal year, the Administrator shall issue directions 
     to the laboratories for the programs, projects, and 
     activities to be conducted in that fiscal year. The 
     Administrator and the Laboratories shall devise a Laboratory 
     Funding Plan that identifies the resources needed to carry 
     out these programs, projects, and activities. Funds shall be 
     released to the Laboratories only after the Administrator has 
     approved the Laboratory Funding Plan. The Administrator of 
     the National Nuclear Security Administration may provide 
     exceptions to this requirement as the Secretary considers 
     appropriate.
       (b) For purposes of this section, ``covered contract'' 
     means a contract for the management and operation of the 
     following laboratories: Lawrence Livermore National 
     Laboratory, Los Alamos National Laboratory, and Sandia 
     National Laboratories.
       Sec. 310. Section 310(b) of Public Law 106-60 (113 Stat. 
     496) is amended by striking ``Lawrence Livermore National 
     Laboratory, Los Alamos National Laboratory, Oak Ridge 
     National Laboratory, Pacific Northwest National Laboratory, 
     and Sandia National Laboratories.'' in paragraph (b), and 
     inserting ``Oak Ridge National Laboratory, and Pacific 
     Northwest National Laboratory.''.
       Sec. 311. None of the funds provided in this Act may be 
     used to establish or maintain independent centers at a 
     Department of Energy laboratory or facility unless such funds 
     have been specifically identified in the budget submission.
       Sec. 312. None of the funds made available in this or any 
     other Act may be used to restart the High Flux Beam Reactor.
       Sec. 313. None of the funds in this Act may be used to 
     dispose of transuranic waste in the Waste Isolation Pilot 
     Plant which contains concentrations of plutonium in excess of 
     20 percent by weight for the aggregate of any material 
     category on the date of the enactment of this Act, or is 
     generated after such date.
       Sec. 314. 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 three 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 Administration Act (title XXXII of Public 
     Law 106-65; 113 Stat. 954)).
       Sec. 315. 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--
       (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. 316. 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 
     Administration.''
       ``(b) The provision of this section shall take effect 60 
     days after the date of enactment of this section.''.
       Sec. 317. 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. 318. 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. 319. 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.

                                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

[[Page 16989]]

     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.

                                TITLE V

              FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES


                      Cerro Grande Fire Activities

       For necessary expenses for fiscal year 2000 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 and to become available 
     upon enactment: Provided, That the entire amount shall be 
     available only to the extent an official budget request for 
     $204,000,000, 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 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.

                                TITLE VI

                               RESCISSION

                          DEPARTMENT OF ENERGY

                     Defense Nuclear Waste Disposal


                              (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.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2001''.

  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, I ask unanimous consent--and this has 
been approved by the other side--that the committee amendment to H.R. 
4733 be adopted and that the bill as amended be considered as original 
text for the purpose of further amendments, provided that no points of 
order are waived by this request.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, the Committee on Appropriations 
favorably reported H.R. 4733 by a vote of 28 to 0 on Tuesday, July 18.
  Senator Reid and I have worked very hard this year to put together a 
fair bill under extremely difficult circumstances. As reported by the 
committee, the recommendation would provide $22.470 billion in new 
budget authority for fiscal year 2001. That total is broken out between 
a defense allocation that is pretty good, and a non-defense allocation 
that is extremely limited.
  The Defense BA allocation is $13.484 billion. That is $400 million 
over the President's request and $1.384 billion over last year. The 
committee requested the additional money to address some very serious 
needs in the nuclear weapons complex, defense environmental clean-up, 
and in ongoing international nonproliferation programs.
  However, the BA allocation on the non-defense side of the bill is 
much more difficult--it provides $8.986 billion, which is $603 million 
below the President's request and $73 million below the current year 
level.
  In order to accommodate some serious shortfalls in the President's 
request, and some very legitimate requests from Members, we have had to 
cut a significant amount more than the $603 million we are short from 
the request.
  The allocation has also forced the committee to make very difficult 
choices, and we have tried to do that on as fair a basis as possible. 
We have followed certain criteria. In the water accounts for example:
  No. 1, we have tried to focus available funding, to the greatest 
extent possible, to ongoing studies and construction projects.
  No. 2, we have included no new construction starts or new initiatives 
in fiscal year 2001, and only a very limited number of new studies or 
planning projects.
  No. 3, we have not included unauthorized projects or water and sewer 
infrastructure projects contained in the Water Resources Development 
Act of 1999.
  No. 4, numerous projects budgeted at or near the Corps' capability 
have been reduced in order to pick-up funds for congressional 
priorities and to restore funding not requested by the administration 
for flood control and inland navigation projects.
  No. 5, given these constraints, we have been limited to accommodating 
only the highest priority requests of Members where possible.
  Having said that, the recommendation for the U.S. Army Corps of 
Engineers totals $4.104 billion. This is $41 million above the budget 
request and $22 million below the FY 2000 enacted level. The following 
is a highlight of the recommendation of the Corps Budget for FY 2000:
  General Investigations totals $139 million, down $23 million below 
the current year.

[[Page 16990]]

  Construction General totals $1.361 billion, down $24 million below 
the current year.
  Operation and Maintenance totals $1.862 billion which is $8 million 
over the current year.
  Moving on to the Bureau of Reclamation, the recommendation before the 
committee totals $753 million. This is $48 million below the budget 
request and $13 million below the current year level. The 
recommendation includes:
  Six hundred and fifty-five million dollars for Water and Related 
Resources which includes both construction and operation and 
maintenance of Bureau projects. This is $50 million over the current 
year level.
  None of the $60 million requested for the California Bay-Delta 
Restoration program is provided in the bill, as the authorization for 
this program expires in fiscal year 2000.
  Thirty-eight million dollars for the Central Valley Project 
Restoration Fund a reduction of $4 million from the current year.
  For the Department of Energy's non-defense accounts, we have proposed 
some substantial reductions from the President's request. However, in 
many cases, those reductions appear large only because the President 
proposed large increases we will not be able to accommodate, given our 
non-defense allocation.
  In other accounts such as Nuclear Energy R&D, the administration 
request was 4 percent below current year. Therefore, the committee has 
tried to balance the Department's research efforts by providing 
reasonable increases to these important research efforts.
  For the Science programs at the Department of Energy, the committee 
recommends $2.870 billion, an increase of $82 million over last year, 
but still $292 million below the request.
  Over half of the total proposed increase to Science was in one 
construction project, the Spallation Neutron Source in Tennessee. The 
committee strongly supports this project and has provided $240 million, 
an increase of $140 million over current year.
  The allocation forced the committee into some very difficult 
decisions regarding many otherwise outstanding programs and initiatives 
under the Office of Science. For example, although the committee has 
traditionally provided strong support to High Energy Physics, Nuclear 
Physics and Fusion Energy, all are funded at below last year's level.
  Within the defense allocation, we have been able to add significant 
funds to some very pressing problems.
  Within Weapons Activities, the committee has provided $4.883 billion, 
an increase of $244 million over the budget request. The committee is 
very concerned about the state of the science based Stockpile 
Stewardship Program. As it is now, the program is not on schedule, 
given the current budget, to develop the tools, technologies and skill-
base to refurbish our weapons and certify them for the stockpile. For 
example, we are behind schedule and over cost on the production of both 
pits and secondaries for our nuclear weapons. The committee has 
provided significant increases to these areas.
  Furthermore, DOE has failed to keep good modern facilities and our 
production complex is in a terrible state of disrepair. To address 
these problems, the mark provides an increase of over $100 million for 
the production plants in Texas, Missouri, Tennessee, and South 
Carolina.
  But it is not just the physical infrastructure that is deteriorating 
within the weapons complex, morale among the scientists at the three 
weapons laboratories is at an all-time low. For example, the last two 
years at Los Alamos have witnessed security problems that greatly 
damaged the trust relationship between the government and its 
scientists. Additionally, research funds have been cut and punitive 
restrictions on travel imposed.
  As a result, the labs are having great difficulty recruiting and 
retaining America's greatest scientists. To help address this problem, 
the bill has increased the travel cap from $150 million to $200 
million, and increased Laboratory Directed Research and Development. 
And I intend to offer additional amendments to increase LDRD and 
travel.
  For security, the committee recommends $336 million for the 
Department's security office, an increase of $213 million over last 
year. This is in addition to the $45 million for increased Cyber 
Security that was just enacted as part of the fiscal year 2000 
Supplemental. In addition, the committee has made sure General Gordon, 
as the new head of the NNSA, will have the resources and the authority 
to take care of security throughout the weapons complex.
  The Department has experienced tremendous difficulty in constructing 
its special experimental and computational facilities within budget and 
within schedule. The National Ignition Facility is only the most recent 
example, and on that issue, Senator Reid and I have agreed to recommend 
at this time only the $74 million requested by the administration, 
recognizing that much more money will be required this year if this 
project is to continue.
  Regarding accelerator production of tritium, the committee has 
combined that with other programs to begin an exciting new program 
called Advanced Accelerator Applications. The committee recommendation 
includes $60 million to continue the important work on a back-up 
tritium source for defense purposes, but will also fund important work 
on accelerator transumutation of waste and other accelerator 
applications.
  The committee continues its strong tradition of support for nuclear 
nonproliferation issues. We recommend $909 million, an increase of $43 
million over the request, and $180 million more than last year.
  For Defense Environmental Management, the committee recommends $6.042 
billion, a $326 million increase over last year. To the extent 
possible, we have tried to address the needs of Members with 
environmental management sites. We have provided increases at Savannah 
River and the Hanford site, and provided additional funds for 
environmental science and technology research at Idaho and other labs.
  In summary, the recommendation before you is for $22.47 billion, a 
reduction of $225 million from the request. Within that amount, non-
defense programs are reduced $603 million while defense accounts 
increase $400 million. This is going to be a difficult year, but I look 
forward to consideration by the full Senate.
  It is our intention to work hard over the next few evenings to 
complete work on the bill. It is my intention to seek a unanimous 
consent that all amendments be filed by noon on Wednesday. We will be 
here all evening, and I urge my colleagues to bring any amendments they 
may have to the floor so we can consider them. It is my intention, 
shortly after all amendments have been filed, to act on a package of 
managers amendments.
  Before I yield back, I would like to thank Chairman Stevens for the 
strong support he has given to the energy and water bill, particularly 
on the defense funding side. I would also like to thank my ranking 
member, senator Reid, for all the effort he has put forth in working 
together on this bill.
  Mr. JEFFORDS. Mr. President, I wonder if the Senator from New Mexico 
will allow me to add a glowing statement about the bill he is about to 
speak to?
  Mr. DOMENICI. I would be pleased to do that even if it were not 
glowing but, since it is, I am delighted.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I rise today to praise the managers of 
this bill for their commitment to renewable energy. I particularly want 
to thank Senator Harry Reid for his leadership in bringing additional 
funding to advance the cause of clean energy in this nation.
  Earlier this year the Senate renewable energy caucus, led by Senators 
Roth, Bingaman, Allard and myself, sent a letter to the bill managers 
asking that they put the U.S. Senate on record in support of wind, 
solar, biomass, geothermal and other renewable energy resources.
  Mr. President, 54 of our colleagues signed that letter and they 
should know that the bill before us today

[[Page 16991]]

boosts funding for renewable energy by $87 million over last years 
levels. This is a great achievement. And unlike in past years, I come 
to the Senate floor without the annual renewable energy funding 
amendment but with what will hopefully be an annual effort praising the 
managers of this bill.
  We thank you Senator Reid for your vision and commitment to reducing 
this nation's reliance on foreign oil and advancing our investment in 
clean, domestic energy resources.
  This increase puts our country back onto the path of a sustainable 
energy policy.
  In recent years, the U.S. trade deficit has soared. The number one 
contributor to the trade deficit is imported foreign oil--and its 
contribution has reached record levels.
  Since the oil embargo of 1973-74, imports of foreign oil have risen 
from a little over 30 percent to 55 percent, and will hit 65 percent in 
a decade. By then, most of the world's oil will come from potentially 
unstable Persian Gulf nations.
  These imports account for over $60 billion. That is more than 36 
percent of the U.S. trade deficit. These are U.S. dollars being shipped 
overseas to the Middle East when they could be put to better use here 
at home.
  In 1976, myself and a number of freshmen Members of the House of 
Representatives proposed such a provision and nearly passed it to the 
exact same 10 percent. Unfortunately, that failed. But at that time we, 
a number of us working together, did start the wind energy program, 
which is now blossoming, with Vermont being the leader in that field, 
and also, with a very good amendment I was able to get on, we started, 
really, the solar voltaic program at that particular time. During the 
period since that time, a couple of times we have come very close to 
putting into a mandatory situation where we would decrease the 
consumption of oil by 10 percent through renewables.
  Now we are on our way, finally. Hopefully, this bill will pass.
  We are lowering our balance of payments.
  We are providing an invaluable insurance policy to enhance our 
national security.
  And we are protecting our environmental and reducing air pollution.
  Federal support for renewable energy research and development has 
been a major success story in the United States. Costs have declined, 
reliability has improved, and a growing domestic industry has been 
born.
  Through this boost in the renewables budget, we are building upon our 
successes. We are helping to develop industries which reduce our trade 
deficit and boost national security. We are helping farmers, ranchers, 
rural communities, and small businesses.
  The 54 Senators who signed this letter--and in particular--Senator 
Reid, deserve a great deal of credit for protecting the environment, 
promoting job growth, and advancing America's future.
  Again, I thank the two sponsors of the bill, Senators Reid and 
Domenici. I praise them for their efforts and helping in any way 
possible. I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, if I can respond before the Senator from 
Vermont leaves the floor, this has been a very difficult issue for 
Senator Domenici and me for a number of years. We acknowledge the 
leadership of the Senator from Vermont on this issue. But for him, we 
probably would not be in the position we are now. I appreciate his nice 
words and recognize his leadership on this issue over the many years.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. I thank the distinguished Senator from Nevada, Mr. 
Reid, for what he has said, and I echo the compliments. I think the 
Senator from Vermont understands the delicate position we are in this 
year in that the nondefense portion of this appropriations bill is 
inadequate to cover the nondefense research and water projects we ought 
to be covering in the bill.
  I believe when we were able to almost match the Senator's and his 
cosponsors' request on solar and wind, they understand we are hopeful 
when we get to conference of getting some additional money from the 
budget and the appropriators for the nondefense portion of this bill 
which will make it easier for us to keep this and hold it all the way 
through. I have been sure and careful to explain that to the Senator 
from Vermont. I am sure he is aware of it. I wanted to put it in the 
Record.
  Mr. JEFFORDS. Mr. President, if the Senator will yield, I agree with 
him 100 percent, and I am going to do all I can to assist him.
  Mr. DOMENICI. Mr. President, while Senators are going to talk about 
projects, programs, activities, and amendments to add $5 million here 
or $7 million there, I want to break this appropriations bill into two 
parts--I wish I had it on a chart, and maybe I will have it the next 
time we are on this bill--so that when anybody offers an amendment that 
costs money, if it is in the nondefense part, whatever it is for, maybe 
some science research, maybe a water project that we did not fund, 
maybe operation and maintenance for some part of the Mississippi, a 
levy system, we are going to try to show you where we are really 
hurting for money is the nondefense part of this budget, the water 
projects and the nondefense science.
  As a matter of fact, the allocation is about $604 million below the 
President's request in the nondefense part of this appropriations bill. 
That is $73 million less than last year's appropriations. It is not a 
question only of not being able to meet the President's request. We 
are, in essence, below last year's appropriated number, which many 
people say isn't realistic unless you are prepared to take some 
programs out of the Department--and we can hardly do that. That is a 
negative $73 million.
  Fortunately, on the defense side, we have talked our way through all 
these different hurdles of how much defense money is available, and I 
am very appreciative of the fact that through the efforts of our 
chairman of the Appropriations Committee, the appropriators who spend 
defense money--that is the big defense bill, the smaller bill on 
military construction and a very small bill on Commerce that spends 
some money on defense--they have left, as part of the increase, 
sufficient money to cover the defense in this bill, which is $13.5 
billion.
  I regret to say the problem we have is when we go to the House, we 
have to raise the House's number because they are about $600 million 
below us on the defense side of their bill. It is a difficult problem.
  I do believe the allocation that both chairmen of the House and 
Senate Appropriations Committees are going to ultimately come up with 
will make us whole at the Senate level on defense. I just explained 
why. The money is there, and I hope before this is over, we will 
convince everyone we are in an area where we have to be very concerned 
how much money we are spending on the defense side because the morale 
and capability of our National Laboratories to maintain our nuclear 
weapons activities is getting very close as to whether it can continue 
in a manner we have expected over the years.
  When somebody says it is only $7 million and I need it for a levy and 
I need to start a program even though we said no new starts, I want to 
keep in front of everybody that we are $604 million below the President 
on nondefense, and the House is $600 million below ours on defense, and 
we are $500 million higher than the President's on defense. Those will 
be put up here for everybody to see.
  If anybody wants an interpretation of what is in this bill, I tried 
very hard in a nonpartisan way to explain it in my earlier statement. I 
have given full credit to the magic of bipartisanship when it comes to 
writing a bill like this. We have to try to work together. Maintaining 
our nuclear capacity through science and research and nonproliferation 
should not be a partisan issue. Thanks to Senator Reid, it is not. 
There are a few disagreements he and I have. We will iron them out on 
the floor.
  I want to make sure everybody understands that right now, this day, 5 
weeks before the new fiscal year, the

[[Page 16992]]

nuclear defense laboratories, which essentially are made up of a piece 
of the National Laboratory in Tennessee called Oak Ridge, called Y-12, 
plus Los Alamos National Laboratory, Sandia National Laboratories in 
Albuquerque and Livermore, and Lawrence Livermore National Laboratory, 
are the laboratories that maintain our nuclear weapons activities that 
measure the performance and ability of our nuclear weapons, and their 
safety and reliability.
  Right now, they are fragile because the morale is low. Throughout 
this short debate, I will keep mentioning to Senators that we better be 
careful with reference to the scientists who have done the big defense 
work who we must retain at these laboratories to perfect our Stockpile 
Stewardship Program, which allows no weapons testing while we are still 
going to protect the reliability of our weapons. We need to retain the 
old heads who have done this work for so long. At Los Alamos there are 
about 40 of them who are in the X division, including NEST or the 
Nuclear Emergency Search Team.
  Their morale is very low because, my colleagues will recall, that is 
the area where that hard drive was found behind a machine, and they did 
not know how it got there. They have now been under investigation for 
14 weeks. Fourteen weeks is a long time to have the very best 
scientists in the world who have maintained our nuclear capacity, some 
of them for 30 years, some for 25, some more 40, under investigation. 
We do not want them to leave the laboratories, and we want to attract 
the best new scientists to follow in their footsteps and have them 
educated by the other scientists. We are not succeeding at either.
  The new recruits of the very best scientists are at an all-time low, 
and that is measurable. In other words, we know how many scientists we 
invited to work and how many accepted. I will put that in the Record. 
It is very low compared to 5 years ago. We also know how many are 
planning to leave, and it is very high compared to other years.
  Everybody knows I have a parochial interest. At least they would 
assume that. If one of my colleagues had a laboratory like Los Alamos 
in his or her State, I say to any Senator, I assume they would be 
concerned about it. If they had a Sandia National Laboratory, which is 
the engineering laboratory for nuclear weapons, I assume they would be 
concerned.
  I am concerned, and I have to try to convince the Senate that we have 
to put back some money in terms of morale builders, and we have to 
start telling those great scientists that they have done a wonderful 
job for America.
  So something got messed up. If you can't prove there is spying or 
espionage, pretty soon you ought to get off their backs and you ought 
to say to them: We are going to fix this administratively.
  I could go on tonight and tell you how we are going to do that 
because we have a new administrative approach to running the nuclear 
weapons activities of America. We have a great man, General Gordon, 
heading it. Give him a chance. Give him a chance to restructure. At the 
same time, let somebody who knows their problems lead this effort. He 
is about as knowledgeable as anyone we could get to head the NNSA, the 
National Nuclear Security Administration. It is hard to remember that 
name, but it will not be hard in a couple years because this general is 
going to make sure we know about it.
  He is already showing some real leadership in terms of our 
understanding what NNSA is. It is the entire package of activities for 
our nuclear safety as far as our weapons and nonproliferation. We know 
he is going to fix this morale issue if we give him a chance.
  For now we have to be very careful. For instance, the House limits 
their travel again, even lower than the President recommends. Does it 
ever occur to anyone that the great scientists travel? Was that ever an 
astonishing conclusion? If you did not know it, let me tell you: Great 
scientists travel. They love to go to conventions and conferences to 
share ideas. And if you say to a young crop of the best scientists in 
America: Come and work at Los Alamos, but you had better remember that 
you can only make one trip a year--well, what they are telling us 
already is: Hey, I have a company that doesn't limit me. They are 
offering me some stock options. They want me to come.
  Pay isn't a problem. We pay our scientists pretty well at these 
laboratories, as a matter of fact. I must tell you, if they like their 
work they will stay there.
  So my concern is a very serious one. We could not do what I think we 
must do and live with the House number on defense in this bill. We are 
$600 million higher than the House. We tell the Senate that with much 
pride because you have to give these laboratories what they need.
  Let me give you just one area. The National Laboratory structure, 
with reference to nuclear weapons, is in need of an entire new, let's 
say, 10-year plan for rebuilding ancient buildings. I use the word 
``ancient'' because some of them are so old that if you could apply the 
historic preservation statutes in the State of New Mexico, some of them 
would be untouchable because they are too old. That is how old they 
are. I do not want to tell you how old. But it is not very old to be 
labeled ``old'' anymore if you are a building.
  But we started a plan. We started an approach for $100 million in 
this bill, to start some of that--for lack of a better word, we will 
call it infrastructure. But it is buildings; it is equipment. We must 
go on beyond that for a few years and get the nuclear weapons complex, 
so to speak, built up or decide we are going to have an inferior one. 
We would not be able to tell Americans the best people work there.
  The best brainpower of America is devoted to making sure our nuclear 
weapons are right and safe. As we lower the numbers--which we are going 
to be doing; that, we can all say--even with lower numbers, we know 
what we are doing. We do not have to have tests because we know they 
are safe.
  If we do not, I am going to support people who come to the floor and 
say: Let's start testing again. Have no doubt about it. We voted in the 
Mark Hatfield amendment to start a moratorium. We are doing it 
unilaterally. They are saying: Why don't we sign the treaty? We are not 
doing any testing by statute right now.
  So these great scientists have to substitute brainpower and equipment 
for what underground testing used to give them, with information about 
the adequacy, the safety, the reliability.
  Now we have to do it by computers, by new machines, new, fantastic x-
ray machines that look inside bombs. We had better have the very best 
people in America working there, wouldn't you think? I would.
  My distinguished friend from Nevada wants to speak.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. It is my understanding the Senator from Maine wishes to 
make a relatively short statement. I do not want to impose upon her 
time because we have to be here anyway.
  I believe the Senator from New Mexico wishes to be recognized.
  Mr. DOMENICI. I had indicated I wanted to send an amendment to the 
desk so we have one pending.


                           Amendment No. 4032

  Mr. DOMENICI. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Domenici] proposes an 
     amendment numbered 4032.

  Mr. DOMENICI. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Starting on page 64, line 24, strike all through page 66, 
     line 7.

  Mr. DOMENICI. The amendment removes from the bill an environmental 
provision that I had put in there prior to a successful discussion of 
the issues and termination of the issues temporarily in the State of 
New Mexico. So I

[[Page 16993]]

do not need the amendment. Senator Reid knows about it. That is what 
this amendment is.
  Mr. REID. The amendment is pending; is that right?
  The PRESIDING OFFICER. The amendment is pending.
  Mr. REID. Mr. President, I ask unanimous consent that the amendment 
be set aside so the Senator from Maine can speak.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Maine.
  Mr. SCHUMER addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.


                           Amendment No. 4033

  Mr. SCHUMER. Mr. President, I thank the Senator from New Mexico, the 
Senator from Nevada, and most particularly, the Senator from Maine for 
helping arrange time so she and I can discuss the amendment that we are 
about to send to the desk. I request its immediate consideration.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Without objection, it is so ordered. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New York [Mr. Schumer], for himself and 
     Ms. Collins, proposes an amendment numbered 4033.

  Mr. SCHUMER. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 93, between lines 7 and 8, insert the following:

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

     SEC. 4__. 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.--
       (1) Establishment.--
       (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.
       (2) Duties.--
       (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;
       (VI) ways in which the United States can reduce energy 
     consumption;
       (VII) the status of, problems with, and ways to improve--

       (aa) transportation and delivery systems of energy 
     resources to locations throughout the United States;
       (bb) refinery capacity and utilization in the United 
     States; and
       (cc) natural gas, crude oil, distillate fuel, and other 
     energy-related petroleum product storage in the United 
     States; and

       (VIII) any other energy-related topic that the Commission 
     considers pertinent; and

       (ii) not later than 180 days after the date of enactment of 
     this Act, submit to the President and Congress a report that 
     contains--

       (I) a detailed statement of the findings and conclusions of 
     the Commission; and
       (II) the recommendations of the Commission for such 
     legislation and administrative actions as the Commission 
     considers appropriate.

       (B) Time period.--The findings made, analyses conducted, 
     conclusions reached, and recommendations developed by the 
     Commission in connection with the study under subparagraph 
     (A) shall cover a period extending 10 years beyond the date 
     of the report.
       (c) Use of Funds.--The Secretary of Energy shall use 
     $500,000 of funds appropriated to the Department of Energy to 
     fund the Commission.
       (d) Termination of Commission.--The Commission shall 
     terminate on the date that is 90 days after the date on which 
     the Commission submits its report under subsection 
     (b)(2)(A)(ii).

  Mr. SCHUMER. Mr. President, I thank my colleagues from New Mexico and 
Nevada for making time. I am proud to join with Ms. Collins, the 
Senator from Maine, in offering this amendment.
  The amendment is a very simple one. It calls for a Presidential 
commission to study and propose, hopefully, consensus recommendations 
on how to deal with the impending crisis we have in energy.
  The crisis is easy to document. U.S. inventories of natural gas, 
crude oil, heating oil, and diesel fuel are all at or near 25-year 
historic lows. Motorists in my State of New York and throughout the 
country are paying gasoline prices that are hovering near record highs 
in absolute terms and are increasing at record levels.
  The current price of heating oil is higher than consumers typically 
pay in the dead of winter. Natural gas prices are at twice their 
typical price and are the highest in history at a time when warm 
weather keeps demand for natural gas low.
  We are on the precipice of the most serious, most expensive, and most 
economically devastating energy crisis since spiraling prices sent our 
economy into a tailspin in 1976, and, of course, in terms of 
electricity as well. We have real problems with greater and greater 
demand and not enough supply.
  Alan Greenspan said last July that the high price of oil has been 
putting inflationary pressure on our economy and that any further 
market impact ``would pose a risk to America's economic outlook.''
  With crude oil selling for more than $33 a barrel and natural gas 
selling for a record nearly $5 per billion cubic feet, we are at the 
point that Chairman Greenspan warned about.
  This is on top of a very expensive energy season where American 
consumers spent more than $75 billion on energy costs over the previous 
year.
  Everyone has their own solution to the energy crisis. I have listened 
to the chairman of the Energy Committee and some on that side who say 
we should simply pump more oil. And, in the opinion of others, we 
should do that despite what we do to the environment.
  I have heard many on this side say we have to do many things to 
reduce demand, such as raise CAFE standards and include SUVs and 
minivans under the designation of automobiles and raise the average 
miles per gallon.
  I have heard others talk about new types of energy sources and how we 
need to explore them. Probably every

[[Page 16994]]

one of the 100 Members in this Chamber, particularly after the last 6 
months, has an idea. There is one problem. Our ideas are so fractured 
and so lacking consensus that we have done nothing. This is not blame 
on the Democrats or Republicans, on the White House or the Congress. 
Basically, there is enough blame to go around so that everybody can 
point a finger.
  The bottom line is simple: Our demand for energy is increasing. Our 
supply of energy, particularly domestic supply, is decreasing. Unless 
we come to some kind of national consensus, the problems we faced last 
winter with home heating oil and this early summer with gasoline will 
cause new problems.
  I have a great deal of respect for the Secretary of Energy. I think 
he has done a very good job under trying circumstances. I don't blame 
him. I don't blame the President. I don't blame the majority leader. I 
don't blame the chairman of the energy committee. But we have a 
problem. Thus far, we have been unable to deal with it.
  The amendment Senator Collins and I have offered to the energy and 
water appropriations bill will create a national energy commission. The 
energy commission will be established jointly by the President and the 
majority and minority leaders of the House and Senate and will bring 
together representatives from the energy producing States, energy 
consuming States, oil and natural gas industries, consumer groups, 
environmental groups, and experts and analysts in the energy field. It 
is just the kind of group needed to bring about the consensus we so 
sorely lack. There may not be a consensus, but I believe we ought to 
try.
  I, for one, am dubious of many commissions. In this case it is needed 
because of the paralysis in Washington in terms of addressing this 
issue, because of the lack of consensus throughout the land in how to 
deal with something that at the very least is going to cost Americans a 
lot more money and at its worst could take our fine economic recovery 
and send it into a tailspin.
  The commission was designed by the Senator from Maine and myself to 
have a broad consensus of parties, branches of government and views and 
constituencies. It will conduct a study and provide a report to us on 
the following: the status of inventories of our energy sources; the 
cause for and consequences of energy supply disruption and energy 
product shortages nationwide and in particular regions; ways in which 
the United States can become less dependent on foreign oil supplies; 
ways in which alternate energy sources can be used to reduce demand on 
traditional energy sectors; ways in which the U.S. can reduce energy 
consumption; and ways to improve refinery capacity, utilization, and 
storage in the United States of natural gas, crude oil, and distillate 
fuel.
  The commission shall provide a report within 6 months of enactment 
that shall include an assessment of our problems and recommendations on 
how to solve them.
  In conclusion, last year New Yorkers and New Englanders paid more 
than $2 a gallon for heating oil. Home owners paid up to $1,000 more to 
heat their homes in my State, not because of weather but because of 
shortages. Motorists, people going on vacation, people driving cars and 
trucks for a living also paid hundreds if not thousands of dollars more 
out of their pockets this year.
  As Chairman Greenspan warned, this is one of the few things that 
looms on the near horizon that could throw our economy off kilter.
  Let us not get caught unprepared again. This amendment is the start 
of an energy policy that will protect consumers and protect our 
economy.
  I thank the Chair and my colleagues from New Mexico and Nevada for 
their generosity and most particularly the Senator from Maine who is 
always a pleasure to work with on these and other issues.
  The PRESIDING OFFICER (Mr. Allard). The Senator from Maine.
  Ms. COLLINS. Mr. President, I first want to thank the managers of 
this bill, Senator Domenici and Senator Reid, for bringing this 
appropriations bill to the floor in a bipartisan fashion and for making 
this time available to us tonight.
  I am very pleased to join with my good friend and colleague from the 
State of New York, Senator Schumer, in offering this important 
amendment to the Energy and Water Appropriations bill. As my colleague 
has explained, this amendment is straightforward. It would establish a 
Presidential commission to help us develop a comprehensive, sustainable 
energy policy. The time is long overdue for this Nation to have an 
energy policy. Unfortunately, the current administration has failed to 
develop one.
  Last year when the home heating oil crisis gripped the Northeast, the 
Energy Secretary, Bill Richardson, was very forthright. He admitted 
that the Federal Government had been caught napping and said that we 
simply were not prepared.
  Due largely to OPEC's anticompetitive manipulation of our oil 
markets, we have been experiencing dramatic price increases that have 
rippled throughout the four corners of this Nation. This year consumers 
have paid 47 percent more for gasoline. Truckers have paid 46 percent 
more for diesel fuel. And Northeasterners have paid 81 percent more for 
home heating oil than they did just one year earlier.
  In my home State of Maine, this problem is reaching crisis 
proportions. Seventy-five percent of all Maine households use home 
heating oil, consuming an average of 800 gallons per year. Last year, 
the average Maine household spent $320 more than it did the previous 
year simply to heat with oil. Of course, heating with natural gas 
provided little relief as natural gas prices have also soared. And the 
outlook for this year is even worse.
  Meanwhile, although OPEC countries sold 5 percent less oil in 1999, 
their profits were up by 38 percent.
  Today, as a year ago, we find ourselves turning the corner toward 
cooler weather and another looming home heating oil price crisis. All 
signs indicate that this one will be even worse than last year's. 
Consider that crude oil closed Friday at $33 per barrel, up from $22 a 
year ago. Last week heating oil futures hit their highest level since 
October of 1990. At the same time, as my colleague has pointed out, 
home heating oil and natural gas inventories are down. Indeed, 
distillate stocks are roughly 10 million barrels lower than the 
administration predicted just last month. In fact, stocks of crude oil, 
gasoline and heating oil in the United States have not been at levels 
this low since the mid-1970s, when our economy was thrown into turmoil 
due in large measure to a volatile oil market. Compounding the problem, 
the demand for distillate fuel is predicted to increase significantly 
this winter.
  In short, the fast approaching winter looks bleak. And judging from 
the most recent comments of OPEC officials, it is clear that we cannot 
expect any real relief from the cartel.
  As my colleague has pointed out, there is no consensus in the 
Congress or in the administration about what approach we should take in 
developing a national energy policy. Policymakers differ on what can be 
done to provide relief to American consumers.
  My friend from New York and I have been advocating for some time that 
the administration implement a responsible plan to swap oil from our 
well-stocked Strategic Petroleum Reserve to satisfy market demand and 
provide some price relief to American consumers. Others in this Chamber 
advocate different approaches. But I believe we can all find common 
ground with the notion that, in the long term, we need to conduct a 
comprehensive study of our oil and natural gas industries in order to 
develop a strategy to stabilize fuel prices, to explore alternative 
energy sources, and to reduce our reliance on foreign oil supplies. Our 
amendment would take an important first step in accomplishing these 
goals through the creation of a bipartisan energy commission.
  I very much appreciate the fact that the managers have been working 
with us on this legislation, which I hope they will accept. With that, 
I yield the floor.

[[Page 16995]]


  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, on behalf of myself and with the 
concurrence of the minority leader, I ask unanimous consent that during 
the consideration of the energy and water appropriations bill on 
Wednesday, it be in order for the minority leader, or his designee, to 
offer an amendment to strike relating to the Missouri River. I further 
ask consent that there be 3 hours for debate equally divided in the 
usual form on that amendment, and further, no amendments be in order to 
the language proposed to be stricken by a vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, as soon as there is a unanimous consent 
agreement, it is my understanding that what we are going to try to do--
there appear to be no more amendments tonight. 
As soon as there is something from the staff putting us out tonight, I 
will withhold.
  Mr. DOMENICI. The Senator is correct.

                          ____________________