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and representation expenses (not to exceed $3,000),
$192,000,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $192,000,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 2003 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
expended: Provided further, That the sum herein appro-
priated from the General Fund shall be reduced as reve-
nues are received during fiscal year 2003 so as to result
in a final fiscal year 2003 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 may be used to award a management and operating
contract, or a contract for environmental remediation or
waste management in excess of $100 million in annual
funding at a current or former management and operating
contract site or facility, or award a significant extension
or expansion to an existing management and operating
contract, or other contract covered by this section, unless
such contract is awarded using competitive procedures or
the Secretary of Energy grants, on a case-by-case basis,
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a waiver to allow for such a deviation. The Secretary may
not delegate the authority to grant such a waiver.
(b) At least 60 days before a contract award for
which the Secretary intends to grant such a waiver, the
Secretary shall submit to the Subcommittees on Energy
and Water Development of the Committees on Appropria-
tions of the House of Representatives and the Senate a
report notifying the Subcommittees of the waiver and set-
ting forth, in specificity, the substantive reasons why the
Secretary believes the requirement for competition should
be waived for this particular award.
SEC. 302. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing 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; 42 U.S.C.
7274h).
SEC. 303. None of the funds appropriated by this Act
may be used to augment the $20,000,000 made available
for obligation by this Act for severance payments and
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other benefits and community assistance grants under sec-
tion 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 42 U.S.C.
7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appro-
priate Congressional committees.
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 appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 306. None of the funds in this or any other Act
for the Administrator of the Bonneville Power Administra-
tion may be used to enter into any agreement to perform
energy efficiency services outside the legally defined Bon-
neville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies in ad-
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vance that such services are not available from private sec-
tor businesses.
SEC. 307. When the Department of Energy makes
a user facility available to universities and other potential
users, or seeks input from universities and other potential
users regarding significant characteristics or equipment in
a user facility or a proposed user facility, the Department
shall ensure broad public notice of such availability or
such need for input to universities and other potential
users. When the Department of Energy considers the par-
ticipation of a university or other potential user as a for-
mal partner in the establishment or operation of a user
facility, the Department shall employ full and open com-
petition in selecting such a partner. For purposes of this
section, the term ‘‘user facility’’ includes, but is not lim-
ited to: (1) a user facility as described in section
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility
designated by the Department as a user facility.
SEC. 308. 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
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with respect to the engineering and manufacturing capa-
bilities 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 De-
partment of Energy for such fiscal year for national secu-
rity programs, not more than an amount equal to 2 per-
cent of such amount may be used for these activities: Pro-
vided further, That for purposes of this section, the term
‘‘covered nuclear weapons production plant’’ means the
following:
(1) the Kansas City Plant, Kansas City, Mis-
souri;
(2) the Y–12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; and
(4) the Savannah River Plant, South Carolina.
SEC. 309. The Administrator of the National Nuclear
Security Administration may authorize the manager of the
Nevada Operations Office to engage in research, develop-
ment, and demonstration activities with respect to the de-
velopment, test, and evaluation capabilities necessary for
operations and readiness of the Nevada Test Site: Pro-
vided, That of the amount allocated to the Nevada Oper-
ations Office each fiscal year from amounts available to
the Department of Energy for such fiscal year for national
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security programs at the Nevada Test Site, not more than
an amount equal to 2 percent of such amount may be used
for these activities.
SEC. 310. Section 310 of the Energy and Water De-
velopment Appropriations Act, 2000 (Public Law 106–
60), is hereby repealed.
SEC. 311. Funds appropriated by this or any other
Act, or made available by the transfer of funds in this
Act, for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) dur-
ing fiscal year 2003 until the enactment of the Intelligence
Authorization Act for fiscal year 2003.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, and, for necessary expenses for the
Federal Co-Chairman and the alternate on the Appa-
lachian Regional Commission, for payment of the Federal
share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and
hire of passenger motor vehicles, $71,290,000, to remain
available until expended.
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DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
by the Atomic Energy Act of 1954, as amended by Public
Law 100–456, section 1441, $19,000,000, to remain
available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
as amended, including official representation expenses
(not to exceed $15,000), and purchase of promotional
items for use in the recruitment of individuals for employ-
ment, $578,184,000, to remain available until expended:
Provided, That of the amount appropriated herein,
$24,900,000 shall be derived from the Nuclear Waste
Fund: Provided further, That revenues from licensing fees,
inspection services, and other services and collections esti-
mated at $520,087,000 in fiscal year 2003 shall be re-
tained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall re-
main available until expended: Provided further, That the
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sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2003 so as to result
in a final fiscal year 2003 appropriation estimated at not
more than $58,097,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $6,800,000, to remain
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and
collections estimated at $6,392,000 in fiscal year 2003
shall be retained and be available until expended, for nec-
essary salaries and expenses in this account notwith-
standing 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2003 so as to result in
a final fiscal year 2003 appropriation estimated at not
more than $408,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $3,102,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
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TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C.
1913.
SEC. 502. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment 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 enti-
ty 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 bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
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to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 503. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act.
SEC. 504. No funds appropriated in this Act may be
used by the Federal Energy Regulatory Commission to
grant any public utility the authority to use market-based
rates until the Commission has issued a final order in all
market-based rate cases that have been pending before the
commission for more than 18 months.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2003’’.
Union Calendar No. 423
107TH CONGRESS
2D SESSION
H. R. 5431
[Report No. 107–681]
A BILL
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30,
2003, and for other purposes.
SEPTEMBER 24, 2002
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed