H. J. Res. 2—146
the good faith, due diligence, and public interest requirements
of that section, extend the time period during which licensee is
required to commence the construction of the project for not more
than one 2-year time period.
SEC. 315. (a) None of the funds made available under the
accounts ‘‘non-defense environmental management’’, ‘‘uranium
facilities maintenance and remediation’’, ‘‘defense environmental
restoration and waste management’’, or ‘‘defense facilities closure
projects’’ may be obligated at a Department of Energy site or
laboratory, or in association with a site or laboratory, if the effect
of such would result in the Department of Energy exceeding for
that site or laboratory the comparable current-year level of funding,
or the amount of the fiscal year 2003 budget request, whichever
is greater.
(b) The limitation of subsection (a) will not apply to a site
or laboratory after such time that the Department has entered
into a site performance management plan for that site or laboratory
consistent with the intent of the Department’s environmental
management acceleration and reform initiative.
SEC. 316. Notwithstanding any other provision of law, the
National Nuclear Security Administration is prohibited from taking
any actions adversely affecting employment at the Nevada Oper-
ations Office for a period of not less than 365 days, unless the
Administrator seeks and is granted a waiver, in writing, from
the House and Senate Committees on Appropriations.
SEC. 317. Notwithstanding the provisions of any other law,
using funds appropriated in this title, the Secretary of Energy
shall proceed with planning and analyses for external regulation
of the Department’s laboratories under the Office of Science as
directed in the statement of managers accompanying this bill.
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,
and, 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 Commis-
sion, including services as authorized by 5 U.S.C. 3109, and hire
of passenger motor vehicles, $71,290,000, 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,
$19,000,000, to remain available until expended.
H. J. Res. 2—147
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 382N of said Act,
$8,000,000, 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, $48,000,000, 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), and purchase of
promotional items for use in the recruitment of individuals for
employment, $578,184,000, to remain available until expended: Pro-
vided, 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 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 avail-
able until expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received during
fiscal year 2003 so as to result in a final fiscal year 2003 appropria-
tion 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: Pro-
vided, That revenues from licensing 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
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 appropriation
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, section 5051,
$3,200,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
H. J. Res. 2—148
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 communicate 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 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 inten-
tionally 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 Regula-
tions.
SEC. 503. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
SEC. 504. Section 309 of title III—Denali Commission of division
C—Other Matters of Public Law 105–277, as amended, is further
amended by striking ‘‘2003’’ and inserting ‘‘2008’’.
SEC. 505. EXTENSION OF PROHIBITION OF OIL AND GAS DRILLING
IN THE GREAT LAKES. Section 503 of the Energy and Water Develop-
ment Appropriations Act, 2002 (115 Stat. 512), is amended by
striking ‘‘2002 and 2003’’ and inserting ‘‘2002 through 2005’’.
SEC. 506. CLARIFICATION
OF INDEMNIFICATION
TO PROMOTE
ECONOMIC DEVELOPMENT. Title 42 U.S.C. 7274g is amended in
subsection (b)(2), by adding the following new subparagraph:
‘‘(D) Any successor, assignee, transferee, lender or les-
see of a person or entity described in subparagraphs (A)
through (C).’’.
SEC. 507. The Director of the Office of Management and Budget
shall transmit to the Congress by April 1, 2003, a cross-cut budget
displaying, by fiscal year, all CALFED Bay-Delta Program related
expenditures by the Federal Government, actual and projected,
for fiscal years 1996 through 2004.
This division may be cited as the ‘‘Energy and Water Develop-
ment Appropriations Act, 2003’’.
H. J. Res. 2—149
DIVISION E—FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS APPROPRIATIONS, 2003
JOINT RESOLUTION
Making appropriations for foreign operations, export financing, and related programs
for the fiscal year ending 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 purposes, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation 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 current
fiscal year may be used to make expenditures, contracts, or commit-
ments 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 Export-Import
Bank Act of 1945, as amended, $512,900,000, 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 Budget Act of 1974: Provided further,
That such sums shall remain available until September 30, 2021
for the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2003, 2004, 2005,
and 2006: Provided further, That none of the funds appropriated
by this Act or any prior Act appropriating funds for foreign oper-
ations, export financing, and related programs for tied-aid credits
or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropria-
tions: Provided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the Export-
Import 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.
H. J. Res. 2—150
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran-
teed 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: Pro-
vided, That the Export-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, notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2003.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments 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 pro-
grams (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 transaction
costs, including direct and indirect costs incurred in claims settle-
ments, 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 Account: 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: Provided
further, That 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 disbursement of direct
and guaranteed loans obligated in fiscal year 2003, and through
fiscal year 2012 for the disbursement of direct and guaranteed
loans obligated in fiscal year 2004.
In addition, such sums as may be necessary for administrative
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 Overseas Private Investment
Corporation Noncredit Account and merged with said account.
H. J. Res. 2—151
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, $44,512,000, to remain
available until September 30, 2004.
In addition, for an additional amount for ‘‘Trade and Develop-
ment Agency’’ for trade capacity building assistance, $2,500,000,
to remain available until September 30, 2003: Provided, That any
funds made available by this paragraph shall be made available
subject to the regular notification procedures of the Committees
on Appropriations.
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:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
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 otherwise available for such purposes,
$1,836,500,000, to remain available until September 30, 2005: Pro-
vided, That this amount shall be made available for such activities
as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for displaced and orphaned children; (5)
programs for the prevention, treatment, and control of, and research
on, HIV/AIDS, tuberculosis, malaria, polio and other infectious dis-
eases; and (6) family planning/reproductive health: Provided further,
That none of the funds appropriated under this heading may be
made available for nonproject assistance, except that funds may
be made available for such assistance for ongoing health activities:
Provided further, That of the funds appropriated under this heading,
not to exceed $150,000, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight
of child survival, maternal and family planning/reproductive health,
and infectious disease programs: Provided further, That the fol-
lowing amounts should be allocated as follows: $324,000,000 for
child survival and maternal health; $27,000,000 for vulnerable chil-
dren; $591,500,000 for HIV/AIDS including not less than
$18,000,000 which should be made available to support the develop-
ment of microbicides as a means for combating HIV/AIDS;
$155,500,000 for other infectious diseases; $368,500,000 for family
planning/reproductive health, including in areas where population
growth 
threatens 
biodiversity 
or 
endangered 
species; 
and
$120,000,000 for UNICEF: Provided further, That of the funds
H. J. Res. 2—152
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $250,000,000 shall be
made available, notwithstanding any other provision of law, for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That the cumulative amount of United States
contributions to the Global Fund may not exceed the total resources
provided by other donors and available for use by the Global Fund:
Provided further, That of the funds appropriated under this heading
that are available for HIV/AIDS programs and activities, up to
$10,500,000 should be made available for the International AIDS
Vaccine Initiative, and up to $100,000,000 should be made available
for the International Mother and Child HIV Prevention Initiative:
Provided further, That of the funds appropriated under this heading,
up to $60,000,000 may be made available for a United States
contribution to The Vaccine Fund, and up to $6,000,000 may be
transferred to and merged with funds appropriated by this Act
under the heading ‘‘Operating Expenses of the United States Agency
for International Development’’ for costs directly related to inter-
national health, but funds made available for such costs may not
be derived from amounts made available for contribution under
the preceding provisos: Provided further, That notwithstanding any
other provision of this Act, funds appropriated under this heading
that are available for child survival and health programs shall
be apportioned to the United States Agency for International
Development, and the authority of sections 632(a) or 632(b) of
the Foreign Assistance Act of 1961, or any comparable provision
of law, may not be used to transfer or allocate any part of such
funds to the Department of Health and Human Services including
any office of that agency, except that the authority of those sections
may be used to transfer or allocate up to $25,000,000 of such
funds to the Centers for Disease Control and Prevention: Provided
further, That of the funds appropriated under this heading,
$5,000,000 shall be made available to continue to support the provi-
sion of wheelchairs for needy persons in developing countries: Pro-
vided further, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations may be
made available to any organization or program which, as deter-
mined by the President of the United States, supports or partici-
pates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the funds
made available under this Act may be used to pay for the perform-
ance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions: Provided further, That
none of the funds made available under this Act may be used
to lobby for or against abortion: Provided further, That in order
to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access
to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in
the project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use
H. J. Res. 2—153
of quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate
in any program of general welfare or the right of access to health
care, as a consequence of any individual’s decision not to accept
family planning services; (4) the project shall provide family plan-
ning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those adverse
side effects known to be consequent to the use of the method;
and (5) the project shall ensure that experimental contraceptive
drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after
the date on which the Administrator of the United States Agency
for International Development determines that there has been a
violation of the requirements contained in paragraph (1), (2), (3),
or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in awarding
grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against
because of such applicant’s religious or conscientious commitment
to offer only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous pro-
viso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ‘‘motivate’’, as it relates
to family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That nothing in
this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That the funds under
this heading that are available for the treatment and prevention
of HIV/AIDS should also include programs and activities that are
designed to maintain and preserve the families of those persons
living with HIV/AIDS and to reduce the numbers of orphans created
by HIV/AIDS.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, and 131, and chapter 10 of part I of the Foreign
Assistance Act of 1961, $1,389,000,000, to remain available until
September 30, 2004: Provided, That none of the funds appropriated
under title II of this Act that are managed by or allocated to
the United States Agency for International Development’s Global
Development Secretariat, may be made available except through
the regular notification procedures of the Committees on Appropria-
tions: Provided further, That $159,000,000 should be allocated for
H. J. Res. 2—154
trade capacity building: Provided further, That $218,000,000 should
be allocated for basic education, of which $20,000,000 should be
made available only for programs to increase the professional com-
petence of national and regional education administrators: Provided
further, That none of the funds appropriated under this heading
may be made available for any activity which is in contravention
to the Convention on International Trade in Endangered Species
of Flora and Fauna: Provided further, That of the funds appro-
priated under this heading that are made available for assistance
programs for displaced 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 oversight
of such programs: Provided further, That of the aggregate amount
of the funds appropriated by this Act that are made available
for agriculture and rural development programs, $25,000,000 should
be made available for plant biotechnology research and develop-
ment: 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 appro-
priated under this heading, not less than $18,000,000 should be
made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated by this
Act, $100,000,000 shall be made available for drinking water supply
projects and related activities.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section
491 of the Foreign Assistance Act of 1961, as amended,
$230,000,000, to remain available until expended.
In addition, for assistance for Afghanistan, $60,000,000 to
remain available until expended: Provided, That these funds shall
be used for humanitarian and reconstruction assistance for the
Afghan people including health and education programs, housing,
to improve the status of women, infrastructure, and assistance
for victims of war and displaced persons.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve demo-
cratic institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided further, That
the United States Agency for International Development shall
submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, as authorized
by sections 108 and 635 of the Foreign Assistance Act of 1961,
funds may be derived by transfer from funds appropriated by this