> **Subject: Implementation of Fiscal Year (FY) 2004 Legislative
> Provisions**
>
> **What is the Purpose of this Financial Assistance Letter (FAL)?**
>
> This FAL provides Contracting Officers and grants personnel guidance
> for the implementation of certain provisions contained in the Energy
> and Water Development Appropriations Act, 2004 (Energy & Water Act),
> Pub. L. 108-137, enacted December 1, 2003 and the Department of
> Interior and Related Agencies Appropriations Act, 2004 (Interior Act),
> Pub. L. 108-108, enacted November 10, 2003.
>
> **How will this Change My Work Processes?**
>
> The statutory provisions addressed in this FAL are the same as those
> enacted for Fiscal Year 2003. There are no changes to any work
> process.
>
> **When is this FAL Effective?**
>
> The statutory provisions addressed in this FAL are effective on the
> date of enactment of the Act containing the provision. This FAL
> supersedes and cancels FAL 2003-02 "Implementation of Fiscal Year (FY)
> 2003 Legislative Provisions".
>
> **When Does This FAL Expire?**
>
> This FAL remains in effect until superseded or canceled.
>
> **Who is the Point of Contact?**
>
> Contact Jackie Kniskern of the Office of Procurement and Assistance
> Policy by telephone at (202) 586-8189 or by email at
> [jacqueline.kniskern@hq.doe.gov](mailto:jacqueline.kniskern@pr.doe.gov).
>
> Page 1 of 5
>
> **What is the Background?**
>
> The guidance provided in this FAL is the same as the guidance provided
> in FAL 2003-02 and results from the following statutory requirements:
>
> [Lobbying Restrictions (Energy and Water Act §501/Interior Act
> §302)]{.underline}
>
> The Energy and Water Act prohibits the use of funds appropriated,
> either directly or indirectly, to influence congressional action on
> any legislation or appropriations matters pending before Congress,
> other than to communicate to Members of Congress as described in
> section 1913 of Title 18, United States Code. The Interior Act
> prohibits the use of funds appropriated under the Act for any activity
> or the publication of literature that in any way tends to promote
> public support or opposition to any legislative proposal on which
> Congressional action is not complete.
>
> [Purchase of American-Made Equipment and Products---Sense of Congress
> (Energy and Water Act §502(a) and (b)) )/FY 2000 Interior Act 307(b)
> and (d)]{.underline}. This provision was made permanent in the FY 2000
> Interior Act.
>
> This provision provides that it is the sense of Congress that to the
> greatest extent practicable, all equipment and products purchased with
> funds made available from the Energy and Water Act should be
> American-made and requires the Department to notify awardees of this
> statement.
>
> [Compliance with Buy American Act (FY 2000 Interior Act §307(a) and
> (d)).]{.underline} This provision was made permanent in the FY 2000
> Interior Act.
>
> This provision provides that none of the funds made available under
> the Interior Act may be expended by an entity unless the entity agrees
> that in expending the funds the entity will comply with sections 2
> through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; popularly
> known as the \"Buy American Act\").
>
> Page 2 of 5
>
> **What is the Guidance Included in the FAL?**

I.  **Lobbying Restrictions 4**

II. **Purchase of American-Made Equipment and Products - Sense of
    Congress 5**

III. **Compliance with Buy American Act 5**

> \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \*
> \* \* \* \* \* \* \* \* \* \* \*
>
> Page 3 of 5
>
> **I. Lobbying Restrictions**

A.  **Lobbying Restriction (Energy and Water Act 2004)**

> Contracting Officers must incorporate the following clause into
> existing and new financial assistance awards, when funds made
> available under the FY 2004 Energy and Water Development
> Appropriations Act are obligated on the award:
>
> *LOBBYING RESTRICTION (ENERGY AND WATER ACT FY 2004)*
>
> *The awardee agrees that none of the funds obligated on this award
> shall be expended, directly or indirectly, to influence congressional
> action on any legislation or appropriation matters pending before
> Congress, other than to communicate to Members of Congress as
> described in 18 U.S. C. 1913. This restriction is in addition to those
> prescribed elsewhere in statute and regulation.*
>
> *(End of Clause)*

B.  **Lobbying Restriction (Interior Act, 2004)**

> Contracting Officers must incorporate the following clause into
> existing and new financial assistance awards, when funds made
> available under the FY 2004 Interior and Related Agencies
> Appropriation Act are obligated on the award:
>
> *LOBBYING RESTRICTION (INTERIOR ACT FY 2004)*
>
> *The awardee agrees that none of the funds obligated on this award
> shall be made available for any activity or the publication or
> distribution of literature that in any way tends to promote public
> support or opposition to any legislative proposal on which
> Congressional action is not complete. This restriction is in addition
> to those prescribed elsewhere in statute and regulation.*
>
> *(End of Clause)*
>
> Page 4 of 5

I.  **Purchase of American-made Equipment and Products-Sense of
    Congress**

> Contracting Officers must incorporate the following notice into
> existing or new financial assistance awards, when funds made available
> under the FY 2004 Energy and Water Development Appropriations Act or
> any Interior or Related Agencies Appropriation Act after FY 2000:
>
> *NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
> PRODUCTS-SENSE OF CONGRESS*
>
> *It is the sense of the Congress that, to the greatest extent
> practicable, all equipment and products purchased with funds made
> available under this award should be American- made.*
>
> *(End of Notice)*

II. **Compliance with Buy American Act**

> Contracting Officers must incorporate the following clause into
> existing and new financial assistance awards, when funds made
> available under any Interior Act, after fiscal year 2000, are
> obligated on the award:
>
> *COMPLIANCE WITH BUY AMERICAN ACT*
>
> *In accepting this award, the recipient agrees to comply with sections
> 2 through 4 of the Act of March 3, 1933 (41 U.S.C. lOa - 10c,
> popularly known as the \"Buy American Act"). The recipient should
> review the provisions of the Act to ensure that expenditures made
> under this award are in accordance with it.*
>
> *(End of Clause)*

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