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SEC. 209. (a) NORTH LAS VEGAS WATER REUSE
PROJECT.—
(1) AUTHORIZATION.—The Secretary of the Inte-
rior, in cooperation with the appropriate local au-
thorities, may participate in the design, planning,
and construction of the North Las Vegas Water Reuse
Project (hereinafter referred to as the ‘‘Project’’) to re-
claim and reuse water in the service area of the North
Las Vegas Utility Division Service Area of the city
North Las Vegas and county of Clark, Nevada.
(2) COST SHARE.—The Federal share of the cost
of the Project shall not exceed 25 percent of the total
cost.
(3) LIMITATION.—Funds provided by the Sec-
retary shall not be used for the operation or mainte-
nance of the Project.
(4) FUNDING.—Funds appropriated pursuant to
section 1631 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.
390h–13) may be used for the Project.
(b) RECLAMATION WASTEWATER AND GROUNDWATER
STUDY AND FACILITIES ACT.—Design, planning, and con-
struction of the Project authorized by this Act shall be in
accordance with, and subject to the limitations contained
in, the Reclamation Wastewater and Groundwater Study
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and Facilities Act (106 Stat. 4663–4669, 43 U.S.C. 390h
et seq.), as amended.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the pur-
chase, 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,
$815,306,000, to remain available until expended.
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 en-
vironmental 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 con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$176,000,000, to remain available until expended.
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URANIUM FACILITIES MAINTENANCE AND REMEDIATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium processing
facilities, $471,154,000, of which $334,523,000 shall be de-
rived from the Uranium Enrichment Decontamination and
Decommissioning Fund, all of which shall remain available
until expended.
SCIENCE
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy 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 25 passenger
motor vehicles for replacement only, $3,329,456,000, to re-
main available until expended.
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 ex-
pansion, $56,000,000, to remain available until expended
and to be derived from the Nuclear Waste Fund: Provided,
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That $2,500,000 shall be provided to the State of Nevada
solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibil-
ities and participate in licensing activities pursuant to the
Nuclear Waste Policy Act of 1982, Public Law 97–425, as
amended: Provided further, That $6,000,000 shall be pro-
vided to affected units of local governments, as defined in
Public Law 97–425, to conduct appropriate activities pur-
suant 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 available solely to the Nevada Division of Emergency
Management by direct payment and units of local govern-
ment by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Ne-
vada Division of Emergency Management and the Governor
of the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds ex-
pended from such payments have been expended for activi-
ties authorized by Public Law 97–425 and this Act. Failure
to provide such certification shall cause such entity to be
prohibited from any further funding provided for similar
activities: Provided further, That none of the funds herein
appropriated may be: (1) used directly or indirectly to in-
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fluence legislative action on any matter pending before Con-
gress or a State legislature or for lobbying activity as pro-
vided 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 con-
tained in this Act: Provided further, That all proceeds and
recoveries by the Secretary in carrying out activities au-
thorized 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 ex-
pended.
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 ex-
penses (not to exceed $35,000), $235,000,000, 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 avail-
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able until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to
total $137,524,000 in fiscal year 2003 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 miscella-
neous revenues 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 $97,476,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $37,671,000, to remain avail-
able 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 con-
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demnation 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 one for
replacement only), $6,108,959,000, to remain available
until expended: Provided, That $16,000,000 is authorized
to be appropriated for Project 03–D–103, LANL adminis-
tration building, Los Alamos National Laboratory, Los Al-
amos, New Mexico: Provided further, That $123,000,000 is
authorized to be appropriated for Project 01–D–108, Micro-
systems and engineering sciences applications (MESA),
Sandia National Laboratories, Albuquerque, New Mexico.
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 ac-
tivities, in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construc-
tion, or expansion, $1,115,630,000, to remain available
until expended.
NAVAL REACTORS
For Department of Energy expenses necessary for
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
305
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the acquisition (by purchase, condemnation, construction,
or otherwise) of real property, plant, and capital equip-
ment, facilities, and facility expansion, $706,790,000, to re-
main available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Adminis-
trator of the National Nuclear Security Administration, in-
cluding official reception and representation expenses (not
to exceed $12,000), $335,929,000, 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.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of 24 passenger
motor vehicles for replacement only, $5,370,532,000, to re-
main available until expended.
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DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate
the closure of defense environmental management sites, in-
cluding the purchase, construction and acquisition of plant
and capital equipment and other necessary expenses,
$1,125,314,000, 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.),
$158,399,000, 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 pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction, 
or 
expansion,
$537,664,000, to remain available until expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including the
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acquisition of real property or facility construction or ex-
pansion, $280,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are
approved for official reception and representation expenses
in an amount not to exceed $1,500. During fiscal year 2003,
no new direct loan obligations may be made.
For the purposes of providing funds to assist in financ-
ing the construction, acquisition, and replacement of the
transmission system of the Bonneville Power Administra-
tion and to implement the authority of the Administrator
under the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et seq.), an additional
$700,000,000 in borrowing authority is made available
under the Federal Columbia River Transmission System
Act (16 U.S.C. 838 et seq.), to remain outstanding at any
time: Provided, That the Bonneville Power Administration
shall not use more than $531,000,000 of its permanent bor-
rowing authority in fiscal year 2003.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
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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 ap-
plied to the southeastern power area, $4,534,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, up to $14,463,000 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 collec-
tions, to remain available until expended for the sole pur-
pose of making purchase power and wheeling expenditures.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
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 recep-
tion and representation expenses in an amount not to ex-
ceed $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, $27,378,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, not to exceed $16,455,000 in
reimbursements, to remain available until expended: Pro-
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vided, That up to $1,912,000 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 pur-
chase power and wheeling expenditures.
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, $168,858,000, to remain available
until expended, of which $156,124,000 shall be derived from
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $6,100,000
is for deposit into the Utah Reclamation Mitigation and
Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992:
Provided further, That up to $186,124,000 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 re-
main available until expended for the sole purpose of mak-
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ing purchase power and wheeling expenditures: Provided
further, That, of the amounts appropriated, not less than
$400,000 to be spent as described in House Report 107–
258 under this heading shall be nonreimbursable: Provided
further, That, of the amount appropriated for corridor re-
view and environmental review required for the construc-
tion of a 230 kv transmission line between Belfield and
Hettinger, not less than $200,000 shall be provided for cor-
ridor review and environmental review for the construction
of a high voltage line in Western North Dakota that would
facilitate the upgrade of the Miles City DC tie.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $2,734,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administra-
tion, 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 Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et
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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),
$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 annual
charges, and other services and collections in fiscal year
2003 shall be retained and used for necessary 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 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 unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-
by-case basis, 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, amend-
ment, or modification for which the Secretary intends to
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grant such a waiver, the Secretary shall submit to the Sub-
committees on Energy and Water Development of the Com-
mittees 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. 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 En-
ergy,
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. 303. None of the funds appropriated by this Act
may be used to augment the $22,965,000 made available
for obligation by this Act for severance payments and other
benefits and community assistance grants 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) unless the Department of Energy submits a re-
programming request subject to approval by the appro-
priate Congressional committees.
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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 accounts
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 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 enactment of this Act, or is generated
after such date. For the purposes of this section, the mate-
rial categories of transuranic waste at the Rocky Flats En-
vironmental Technology Site include: (1) ash residues; (2)
salt residues; (3) wet residues; (4) direct repackage residues;
and (5) scrub alloy as referenced in the ‘‘Final Environ-
mental Impact Statement on Management of Certain Pluto-
nium Residues and Scrub Alloy Stored at the Rocky Flats
Environmental Technology Site’’.
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SEC. 307. 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 capa-
bilities at such plant: Provided, That of the amount allo-
cated 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, Mis-
souri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
SEC. 308. 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: Provided,
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That of the amount allocated to the Nevada Operations Of-
fice each fiscal year from amounts available to the Depart-
ment of Energy for such fiscal year for national 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. 309. Funds appropriated in Public Law 107–066
for the Kachemak Bay submarine cable project may be
available to reimburse the local sponsor for the federal share
of the project costs assumed by the local sponsor prior to
final passage of that Act.
SEC. 310. STAY AND REINSTATEMENT OF FERC LI-
CENSE NO. 11393. (a) Upon the request of the licensee for
FERC Project No. 11393, the Federal Energy Regulatory
Commission shall issue an order staying the license.
(b) Upon the request of the licensee for FERC Project
No. 11393, but not later than 6 years after the date that
the Federal Energy Regulatory Commission receives written
notice that construction of the Swan-Tyee transmission line
is completed, the Federal Energy Regulatory Commission
shall issue an order lifting the stay and make the effective
date of the license the date on which the stay is lifted.
(c) Upon request of the licensee for FERC Project No.
11393 and notwithstanding the time period specified in sec-
tion 13 of the Federal Power Act for the commencement of
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merce Committee on the results of the study conducted
under subsection (a).
SEC. 314. None of the funds appropriated by this or
any other Act may be used to defer, deobligate, withdraw
to headquarters, reserve for contemplated future rescissions,
or otherwise adversely affect the planned and continuing
expenditure of funds previously made available for Cerro
Grande Fire Activities in Public Law 106–246 and Public
Law 106–377.
SEC. 315. Notwithstanding any other provision of law,
the National Nuclear Security Administration is prohibited
from taking any actions adversely affecting employment at
its Nevada Operations Office for a period of not less than
365 days.
SEC. 316. The Secretary of the Interior, and the heads
of other participating Federal agencies, may participate in
the CALFED Bay-Delta Authority established by the Cali-
fornia Bay-Delta Act (2002 Cal. Stat. Chap. 812), to the
extent not inconsistent with other law. The Secretary of the
Interior, in carrying out CALFED activities, may under-
take feasibility studies for Sites Reservoir, Los Vaqueros
Enlargement, In-Delta Storage, and Upper San Joaquin
Storage projects. These storage studies should be pursued
along with on-going environmental and other projects in
a balanced manner.
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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, notwithstanding section 405 of said Act
and for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administrative
expenses of the Commission, including services as author-
ized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$74,400,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facili-
ties 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.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority
and to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding section
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382N of said Act, $15,000,000, to remain available until
expended.
DENALI COMMISSION
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $50,000,000, 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 amend-
ed, including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $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 reve-
nues from licensing fees, inspection services, and other serv-
ices and collections estimated at $520,087,000 in fiscal year
2003 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 fur-
ther, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2003 so
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as to result in a final fiscal year 2003 appropriation esti-
mated at not more than $58,097,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral 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 licensing fees,
inspection services, and other services and collections esti-
mated at $6,392,000 in fiscal year 2003 shall be retained
and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302:
Provided further, That the 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 appro-
priation estimated at not more than $408,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,200,000, to be derived from the Nuclear Waste
Fund, and to remain available until expended.
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
322
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congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in section 1913
of title 18, United States Code.
SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 pro-
vide 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 agen-
cy 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 sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
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dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 503. Section 309 of Title III—Denali Commis-
sion of Division C—Other Matters of Public Law 105–277,
as amended, is further amended by striking ‘‘2003’’ and
inserting in lieu thereof ‘‘thereafter’’.
This division may be cited as the ‘‘Energy and Water
Development Appropriations Act, 2003’’.
DIVISION E—FOREIGN OPERATIONS, EXPORT FI-
NANCING, AND RELATED PROGRAMS APPRO-
PRIATIONS, 2003
Making appropriations for foreign operations, export fi-
nancing, and related programs for the fiscal year end-
ing September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2003, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
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tations, as provided by section 104 of the Government Cor-
poration Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the cur-
rent fiscal year may be used to make expenditures, con-
tracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons eligible to receive
economic or military assistance under this Act, that has
detonated a nuclear explosive after the date of the enactment
of this Act: Provided further, That notwithstanding section
1(c) of Public Law 103–428, as amended, sections 1(a) and
(b) of Public Law 103–428 shall remain in effect through
September 30, 2003.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Ex-
port-Import Bank Act of 1945, as amended, $541,400,000,
to remain available until September 30, 2006: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That such sums shall re-
main available until September 30, 2021 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2003, 2004, 2005, and
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2006: Provided further, That none of the funds appro-
priated by this Act or any prior Act appropriating funds
for foreign operations, export financing, and related pro-
grams for tied-aid credits or grants may be used for any
other purpose except through the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Im-
port Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country,
any Baltic State or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs, including
hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $30,000 for official
reception and representation expenses for members of the
Board of Directors, $68,300,000: Provided, That the Ex-
port-Import Bank may accept, and use, payment or services
provided by transaction participants for legal, financial,
or technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That, not-
withstanding subsection (b) of section 117 of the Export En-
hancement Act of 1992, subsection (a) thereof shall remain
in effect until October 1, 2003.
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OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That
the amount available for administrative expenses to carry
out the credit and insurance programs (including an
amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed
$39,885,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for
the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$24,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961, to be derived by transfer from the
Overseas Private Investment Corporation Non-Credit Ac-
count: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
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such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 2003 and 2004: Provided further, That such sums
shall remain available through fiscal year 2011 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 2003, and through fiscal year 2012 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year
2004.
In addition, such sums as may be necessary for admin-
istrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the Over-
seas Private Investment Corporation Noncredit Account
and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$44,696,000, to remain available until September 30, 2004.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry
out the provisions of the Foreign Assistance Act of 1961,
and for other purposes, to remain available until September
30, 2003, unless otherwise specified herein, as follows:
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UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds other-
wise available for such purposes, $1,790,000,000, to remain
available until expended: Provided, That this amount shall
be made available for such activities as: (1) immunization
programs; (2) oral rehydration programs; (3) health, nutri-
tion, water and sanitation programs which directly address
the needs of mothers and children, and related education
programs; (4) assistance for displaced and orphaned chil-
dren; (5) programs for the prevention, treatment, and con-
trol of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family plan-
ning/reproductive health: Provided further, That none of the
funds appropriated under this heading may be made avail-
able for nonproject assistance, except that funds may be
made available for such assistance for ongoing health activi-
ties: Provided further, That of the funds appropriated under
this heading, not to exceed $125,000, in addition to funds
otherwise available for such purposes, may be used to mon-
itor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
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programs: Provided further, That the following amounts
should be allocated as follows: $350,000,000 for child sur-
vival and maternal health; $25,000,000 for vulnerable chil-
dren; $541,500,000 for HIV/AIDS including not less than
$18,000,000 which shall be made available to support the
development of microbicides as a means for combating HIV/
AIDS; $185,000,000 for other infectious diseases, of which
not less than $65,000,000 should be made available for the
prevention, treatment, and control of, and research on, tu-
berculosis, and of which not less than $75,000,000 should
be made available to combat malaria; $385,000,000 for
family planning/reproductive health, including in areas
where population growth threatens biodiversity or endan-
gered species; and $120,000,000 for UNICEF: Provided fur-
ther, That of the funds appropriated under this heading,
and in addition to funds allocated under the previous pro-
viso, $200,000,000 shall be made available, notwithstanding
any other provision of law, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Ma-
laria, and shall be expended at the minimum rate necessary
to make timely payment for projects and activities: Pro-
vided further, That of the funds appropriated under this
heading that are available for HIV/AIDS programs and ac-
tivities, up to $60,000,000 should be made available for a
United States contribution to The Vaccine Fund, up to
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placed and orphaned children and victims of war, not to
exceed $32,500, in addition to funds otherwise available for
such purposes, may be used to monitor and provide over-
sight of such programs: Provided further, That of the aggre-
gate amount of the funds appropriated by this Act that are
made available for agriculture and rural development pro-
grams, $35,000,000 should be made available for plant bio-
technology research and development: Provided further,
That not less than $2,300,000 should be made available for
core support for the International Fertilizer Development
Center: Provided further, That of the funds appropriated
under this heading, not less than $1,000,000 shall be made
available for support of the United States Telecommuni-
cations Training Institute: Provided further, That of the
funds appropriated under this heading, not less than
$19,000,000 should be made available for the American
Schools and Hospitals Abroad program: Provided further,
That of the funds appropriated by this Act, $450,000,000
should be made available for water-related assistance pro-
grams, of which $100,000,000 shall be made available for
drinking water supply projects: Provided further, That
funds made available under this heading should be made
available for programs to provide alternative livelihoods for
Vietnamese coffee growers.