108TH CONGRESS 

2D SESSION H. R. 4614 

AN ACT 

Making appropriations for energy and water devel2005, and for other purposes. opment for the fiscal year ending September 30, 


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108TH CONGRESS 

2D SESSION H. R. 4614 

AN ACT 

Making appropriations for energy and water development 

for the fiscal year ending September 30, 2005, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 


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1 money in the Treasury not otherwise appropriated, for the 

2 fiscal year ending September 30, 2005, for energy and 

3 water development, and for other purposes, namely: 

4 TITLE I 

5 DEPARTMENT OF DEFENSE—CIVIL 

6 DEPARTMENT OF THE ARMY 

7 CORPS OF ENGINEERS—CIVIL

8 The following appropriations shall be expended 

9 under the direction of the Secretary of the Army and the 

10 supervision of the Chief of Engineers for authorized civil 

11 functions of the Department of the Army pertaining to 

12 rivers and harbors, flood control, shore protection, aquat13 ic ecosystem restoration, and related purposes. 

14 GENERAL INVESTIGATIONS

15 For expenses necessary for the collection and study 

16 of basic information pertaining to rivers and harbors, 

17 flood control, shore protection, storm damage reduction, 

18 and related projects, restudy of authorized projects, mis19 cellaneous investigations, and, when authorized by law, 

20 surveys and detailed studies and plans and specifications 

21 of projects prior to construction, $149,000,000, to re22 main available until expended: Provided, That for the 

23 Ohio Riverfront, Cincinnati, Ohio, project, the cost of 

24 planning and design undertaken by non-Federal interests 


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1 shall be credited toward the non-Federal share of project 

2 design costs. 

3 CONSTRUCTION, GENERAL

4 For expenses necessary for the prosecution of river 

5 and harbor, flood control, shore protection, storm damage 

6 reduction, and related projects authorized by law; and for 

7 conducting detailed studies, and plans and specifications, 

8 of such projects (including those for development with 

9 participation or under consideration for participation by 

10 States, local governments, or private groups) authorized 

11 or made eligible for selection by law (but such detailed 

12 studies, and plans and specifications, shall not constitute 

13 a commitment of the Government to construction); 

14 $1,876,680,000, to remain available until expended, of 

15 which such sums as are necessary to cover the Federal 

16 share of construction costs for facilities under the 

17 Dredged Material Disposal Facilities program shall be 

18 derived from the Harbor Maintenance Trust Fund as au19 thorized by Public Law 104–303; and of which such 

20 sums as are necessary pursuant to Public Law 99–662 

21 shall be derived from the Inland Waterways Trust Fund 

22 for one-half of the costs of construction and rehabilitation 

23 of inland waterways projects (including the rehabilitation 

24 costs for Lock and Dam 11, Mississippi River, Iowa; 

25 Lock and Dam 19, Mississippi River, Iowa; Lock and 


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1 Dam 24, Mississippi River, Illinois and Missouri; and 

2 Lock and Dam 3, Mississippi River, Minnesota): Pro3 vided, That using $10,000,000 of the funds appropriated 

4 herein, the Secretary of the Army, acting through the 

5 Chief of Engineers, is directed to continue construction 

6 of the Dallas Floodway Extension, Texas, project, includ7 ing the Cadillac Heights feature, generally in accordance 

8 with the Chief of Engineers report dated December 7, 

9 1999: Provided further, That the Secretary of the Army 

10 is directed to accept advance funds, pursuant to section 

11 11 of the River and Harbor Act of 1925, from the non12 Federal sponsor of the Los Angeles Harbor, California, 

13 project authorized by section 101(b)(5) of Public Law 

14 106–541: Provided further, That the Secretary of the 

15 Army, acting through the Chief of Engineers, is directed 

16 to proceed with the construction of the New York and 

17 New Jersey Harbor project, 50-foot deepening element, 

18 upon execution of the Project Cooperation Agreement: 

19 Provided further, That no funds made available under 

20 this Act or any other Act for any fiscal year may be used 

21 by the Secretary of the Army to carry out the construc22 tion of the Port Jersey element of the New York and 

23 New Jersey Harbor or reimbursement to the Local Spon24 sor for the construction of the Port Jersey element until 

25 commitments for construction of container handling faVerDate Aug 31 2005 10:22 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\PICKUP\H4614.EH H4614

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1 cilities are obtained from the non-Federal sponsor for a 

2 second user along the Port Jersey element: Provided fur3 ther, That the Secretary of the Army, acting through the 

4 Chief of Engineers, is directed to use $6,000,000 of the 

5 funds appropriated herein to proceed with planning, engi6 neering, design or construction of the Grundy, Buchanan 

7 County, and Dickenson County, Virginia, elements of the 

8 Levisa and Tug Forks of the Big Sandy River and Upper 

9 Cumberland River Project: Provided further, That the 

10 Secretary of the Army, acting through the Chief of Engi11 neers, is directed to use funds appropriated for the navi12 gation project, Tampa Harbor, Florida, to carry out, as 

13 part of the project, construction of passing lanes in an 

14 area approximately 3.5 miles long, centered on Tampa 

15 Bay Cut B, if the Secretary determines that such con16 struction is technically sound, environmentally acceptable, 

17 and cost effective: Provided further, That using $500,000 

18 of the funds appropriated herein, the Secretary of the 

19 Army, acting through the Chief of Engineers, is author20 ized and directed to plan, design, and initiate reconstruc21 tion of the Cape Girardeau, Missouri, project, originally 

22 authorized by the Flood Control Act of 1950, at an esti23 mated total cost of $9,000,000, with cost sharing on the 

24 same basis as cost sharing for the project as originally 

25 authorized, if the Secretary determines that the reconVerDate Aug 31 2005 10:22 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\PICKUP\H4614.EH H4614

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1 struction is technically sound and environmentally accept2 able: Provided further, That the planned reconstruction 

3 shall be based on the most cost-effective engineering solu4 tion and shall require no further economic justification: 

5 Provided further, That the Secretary of the Army, acting 

6 through the Chief of Engineers, is directed to proceed 

7 without further delay with work on the permanent bridge 

8 to replace Folsom Bridge Dam Road, Folsom, California, 

9 as authorized by the Energy and Water Development Ap10 propriations Act, 2004 (Public Law 108–137), and, of 

11 the $8,000,000 available for the American River Water12 shed (Folsom Dam Mini-Raise), California, project, up to 

13 $5,000,000 of those funds be directed for the permanent 

14 bridge, with all remaining devoted to the Mini-Raise. 

15 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU16 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU17 ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

18 For expenses necessary for the flood damage reduc19 tion program for the Mississippi River alluvial valley 

20 below Cape Girardeau, Missouri, as authorized by law, 

21 $325,000,000, to remain available until expended. 

22 OPERATION AND MAINTENANCE, GENERAL

23 For expenses necessary for the operation, mainte24 nance, and care of existing river and harbor, flood and 

25 storm damage reduction, aquatic ecosystem restoration, 


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1 and related projects; for providing security for infrastruc2 ture owned and operated by, or on behalf of, the United 

3 States Army Corps of Engineers, including administra4 tive buildings and facilities, laboratories, and the Wash5 ington Aqueduct; for the maintenance of harbor channels 

6 provided by a State, municipality, or other public agency 

7 that serve essential navigation needs of general com8 merce, where authorized by law; and for surveys and 

9 charting of northern and northwestern lakes and con10 necting waters, clearing and straightening channels, and 

11 removal of obstructions to navigation; $1,982,000,000, to 

12 remain available until expended, of which such sums as 

13 become available in the Harbor Maintenance Trust Fund, 

14 pursuant to Public Law 99–662, may be derived from 

15 that fund; of which such sums as become available from 

16 the special account for the United States Army Corps of 

17 Engineers established by the Land and Water Conserva18 tion Act of 1965, as amended (16 U.S.C. 460l–6a(i)), 

19 may be derived from that account for resource protection, 

20 research, interpretation, and maintenance activities re21 lated to resource protection in the areas at which outdoor 

22 recreation is available; and of which such sums as become 

23 available under section 217 of the Water Resources De24 velopment Act of 1996, Public Law 104–303, shall be 

25 used to cover the cost of operation and maintenance of 


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1 the dredged material disposal facilities for which fees 

2 have been collected: Provided, That the Secretary of the 

3 Army, acting through the Chief of Engineers, is directed 

4 to use funds appropriated herein to rehabilitate the exist5 ing dredged material disposal site for the project for 

6 navigation, Bodega Bay Harbor, California, and to con7 tinue maintenance dredging of the Federal channel: Pro8 vided further, That the Secretary shall make suitable ma9 terial excavated from the site as part of the rehabilitation 

10 effort available to the non-Federal sponsor, at no cost to 

11 the Federal Government, for use by the non-Federal 

12 sponsor in the development of public facilities. 

13 REGULATORY PROGRAM

14 For expenses necessary for administration of laws 

15 pertaining to regulation of navigable waters and wet16 lands, $140,000,000, to remain available until expended. 

17 FORMERLY UTILIZED SITES REMEDIAL ACTION

18 PROGRAM

19 For expenses necessary to clean up contamination at 

20 sites in the United States resulting from work performed 

21 as part of the Nation’s early atomic energy program, 

22 $190,000,000, to remain available until expended. 

23 GENERAL EXPENSES

24 For expenses necessary for general administration 

25 and related civil works functions in the headquarters of 


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1 the United States Army Corps of Engineers, the offices 

2 of the Division Engineers, the Humphreys Engineer Cen3 ter Support Activity, the Institute for Water Resources, 

4 the United States Army Engineer Research and Develop5 ment Center, and the United States Army Corps of Engi6 neers Finance Center, $167,000,000, to remain available 

7 until expended: Provided, That no part of any other ap8 propriation provided in title I of this Act shall be avail9 able to fund the activities of the Office of the Chief of 

10 Engineers or the executive direction and management ac11 tivities of the division offices: Provided further, That none 

12 of these funds shall be available to support an office of 

13 congressional affairs within the executive office of the 

14 Chief of Engineers. 

15 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

16 WORKS) 

17 For expenses necessary for the Office of Assistant 

18 Secretary of the Army (Civil Works), as authorized by 10 

19 U.S.C. 3016(b)(3), $2,600,000. 

20 ADMINISTRATIVE PROVISIONS

21 Appropriations in this title shall be available for offi22 cial reception and representation expenses (not to exceed 

23 $5,000); and during the current fiscal year the Revolving 

24 Fund, Corps of Engineers, shall be available for purchase 


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1 (not to exceed 100 for replacement only) and hire of pas2 senger motor vehicles. 

3 GENERAL PROVISIONS 

4 CORPS OF ENGINEERS—CIVIL

5 SEC. 101. Agreements proposed for execution by the 

6 Assistant Secretary of the Army for Civil Works or the 

7 United States Army Corps of Engineers after the date of 

8 the enactment of this Act pursuant to section 4 of the 

9 Rivers and Harbor Act of 1915 (P.L. 64–291); section 

10 11 of the River and Harbor Act of 1925 (P.L. 68–585); 

11 the Civil Functions Appropriations Act, 1936 (P.L. 75– 

12 208); section 215 of the Flood Control, Act of 1968, as 

13 amended (P.L. 90–483); sections 104, 203, and 204 of 

14 the Water Resources Development Act of 1986, as 

15 amended (P.L. 99–662); section 206 of the Water Re16 sources Development Act of 1992, as amended (P.L. 

17 102–580); section 211 of the Water Resources Develop18 ment Act of 1996 (P.L. 104–303); and any other specific 

19 project authority, shall be limited to credits and reim20 bursements per project not to exceed $10,000,000 in 

21 each fiscal year, and total credits and reimbursements for 

22 all applicable projects not to exceed $50,000,000 in each 

23 fiscal year. 

24 SEC. 102. None of the funds appropriated in this or 

25 any other Act may be used by the United States Army 


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1 Corps of Engineers to support activities related to the 

2 proposed Ridge Landfill in Tuscarawas County, Ohio. 

3 SEC. 103. None of the funds appropriated in this or 

4 any other Act shall be used to demonstrate or implement 

5 any plans divesting or transferring any Civil Works mis6 sions, functions, or responsibilities of the United States 

7 Army Corps of Engineers to other government agencies 

8 without specific direction in a subsequent Act of Con9 gress. 

10 SEC. 104. None of the funds appropriated in this or 

11 any other Act may be used by the United States Army 

12 Corps of Engineers to support activities related to the 

13 proposed Indian Run Sanitary Landfill in Sandy Town14 ship, Stark County, Ohio. 

15 TITLE II 

16 DEPARTMENT OF THE INTERIOR 

17 CENTRAL UTAH PROJECT

18 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

19 For carrying out activities authorized by the Central 

20 Utah Project Completion Act, $48,009,000 to remain 

21 available until expended, of which $15,469,000 shall be 

22 deposited into the Utah Reclamation Mitigation and Con23 servation Account for use by the Utah Reclamation Miti24 gation and Conservation Commission. 


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1 In addition, for necessary expenses incurred in car2 rying out related responsibilities of the Secretary of the 

3 Interior, $1,734,000, to remain available until expended. 

4 BUREAU OF RECLAMATION

5 The following appropriations shall be expended to 

6 execute authorized functions of the Bureau of Reclama7 tion: 

8 WATER AND RELATED RESOURCES

9 (INCLUDING TRANSFER OF FUNDS)

10 For management, development, and restoration of 

11 water and related natural resources and for related ac12 tivities, including the operation, maintenance, and reha13 bilitation of reclamation and other facilities, participation 

14 in fulfilling related Federal responsibilities to Native 

15 Americans, and related grants to, and cooperative and 

16 other agreements with, State and local governments, In17 dian tribes, and others, $860,000,000, to remain avail18 able until expended, of which $53,299,000 shall be avail19 able for transfer to the Upper Colorado River Basin 

20 Fund and $33,794,000 shall be available for transfer to 

21 the Lower Colorado River Basin Development Fund; of 

22 which such amounts as may be necessary may be ad23 vanced to the Colorado River Dam Fund; and of which 

24 not more than $500,000 is for high priority projects 

25 which shall be carried out by the Youth Conservation 


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1 Corps, as authorized by 16 U.S.C. 1706: Provided, That 

2 such transfers may be increased or decreased within the 

3 overall appropriation under this heading: Provided fur4 ther, That of the total appropriated, the amount for pro5 gram activities can be financed by the Reclamation Fund 

6 or the Bureau of Reclamation special fee account estab7 lished by 16 U.S.C. 460l–6a(i) shall be derived from that 

8 Fund or account: Provided further, That funds contrib9 uted under 43 U.S.C. 395 are available until expended 

10 for the purposes for which contributed: Provided further, 

11 That funds advanced under 43 U.S.C. 397a shall be 

12 credited to this account and are available until expended 

13 for the same purposes as the sums appropriated under 

14 this heading: Provided further, That funds available for 

15 expenditure for the Departmental Irrigation Drainage 

16 Program may be expended by the Bureau of Reclamation 

17 for site remediation on a non-reimbursable basis: Pro18 vided further, That section 301 of Public Law 102–250, 

19 the Reclamation States Emergency Drought Relief Act of 

20 1991, as amended, is amended further by inserting 

21 ‘‘2004, and 2005’’ in lieu of ‘‘and 2004’’. 

22 CENTRAL VALLEY PROJECT RESTORATION FUND

23 For carrying out the programs, projects, plans, and 

24 habitat restoration, improvement, and acquisition provi25 sions of the Central Valley Project Improvement Act, 


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1 $54,695,000, to be derived from such sums as may be 

2 collected in the Central Valley Project Restoration Fund 

3 pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 

4 3406(c)(1) of Public Law 102–575, to remain available 

5 until expended: Provided, That the Bureau of Reclama6 tion is directed to assess and collect the full amount of 

7 the additional mitigation and restoration payments au8 thorized by section 3407(d) of Public Law 102–575: Pro9 vided further, That none of the funds made available 

10 under this heading may be used for the acquisition or 

11 leasing of water for in-stream purposes if the water is al12 ready committed to in-stream purposes by a court-adopt13 ed decree or order. 

14 POLICY AND ADMINISTRATION

15 For necessary expenses of policy, administration, 

16 and related functions in the office of the Commissioner, 

17 the Denver office, and offices in the five regions of the 

18 Bureau of Reclamation, to remain available until ex19 pended, $58,153,000, to be derived from the Reclamation 

20 Fund and be nonreimbursable as provided in 43 U.S.C. 

21 377: Provided, That no part of any other appropriation 

22 in this Act shall be available for activities or functions 

23 budgeted as policy and administration expenses. 


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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed 14 passenger 

4 motor vehicles, of which 11 are for replacement only. 

5 GENERAL PROVISIONS 

6 DEPARTMENT OF THE INTERIOR

7 SEC. 201. (a) None of the funds appropriated or 

8 otherwise made available by this Act may be used to de9 termine the final point of discharge for the interceptor 

10 drain for the San Luis Unit until development by the 

11 Secretary of the Interior and the State of California of 

12 a plan, which shall conform to the water quality stand13 ards of the State of California as approved by the Admin14 istrator of the Environmental Protection Agency, to mini15 mize any detrimental effect of the San Luis drainage wa16 ters. 

17 (b) The costs of the Kesterson Reservoir Cleanup 

18 Program and the costs of the San Joaquin Valley Drain19 age Program shall be classified by the Secretary of the 

20 Interior as reimbursable or nonreimbursable and collected 

21 until fully repaid pursuant to the ‘‘Cleanup Program-Al22 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

23 Repayment Plan’’ described in the report entitled ‘‘Re24 payment Report, Kesterson Reservoir Cleanup Program 

25 and San Joaquin Valley Drainage Program, February 


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1 1995’’, prepared by the Department of the Interior, Bu2 reau of Reclamation. Any future obligations of funds by 

3 the United States relating to, or providing for, drainage 

4 service or drainage studies for the San Luis Unit shall 

5 be fully reimbursable by San Luis Unit beneficiaries of 

6 such service or studies pursuant to Federal reclamation 

7 law. 

8 SEC. 202. None of the funds appropriated or other9 wise made available by this or any other Act may be used 

10 to pay the salaries and expenses of personnel to purchase 

11 or lease water in the Middle Rio Grande or the Carlsbad 

12 Projects in New Mexico unless said purchase or lease is 

13 in compliance with the purchase requirements of section 

14 202 of Public Law 106–60. 

15 TITLE III 

16 DEPARTMENT OF ENERGY 

17 ENERGY PROGRAMS 

18 ENERGY SUPPLY

19 For Department of Energy expenses including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment, and other expenses necessary for energy 

22 supply activities in carrying out the purposes of the De23 partment of Energy Organization Act (42 U.S.C. 7101 et 

24 seq.), including the acquisition or condemnation of any 

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1 sition, construction, or expansion, and the purchase of 

2 not to exceed 9 passenger motor vehicles for replacement 

3 only, and one ambulance, $817,126,000, to remain avail4 able until expended. 

5 NON-DEFENSE SITE ACCELERATION COMPLETION

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses necessary for non-de9 fense environmental management site acceleration com10 pletion activities in carrying out the purposes of the De11 partment of Energy Organization Act (42 U.S.C. 7101 et 

12 seq.), including the acquisition or condemnation of any 

13 real property or any facility or for plant or facility acqui14 sition, construction, or expansion, $151,850,000, to re15 main available until expended. 

16 URANIUM ENRICHMENT DECONTAMINATION AND

17 DECOMMISSIONING FUND

18 For necessary expenses in carrying out uranium en19 richment facility decontamination and decommissioning, 

20 remedial actions, and other activities of title II of the 

21 Atomic Energy Act of 1954, as amended, and title X, 

22 subtitle A, of the Energy Policy Act of 1992, 

23 $500,200,000, to be derived from the Fund, to remain 

24 available until expended, of which $100,614,000 shall be 


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1 available in accordance with title X, subtitle A, of the 

2 Energy Policy Act of 1992. 

3 NON-DEFENSE ENVIRONMENTAL SERVICES

4 For Department of Energy expenses necessary for 

5 non-defense environmental services activities that indi6 rectly support the accelerated cleanup and closure mis7 sion at environmental management sites, including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment and other necessary expenses, 

10 $291,296,000, to remain available until expended. 

11 SCIENCE

12 For Department of Energy expenses including the 

13 purchase, construction and acquisition of plant and cap14 ital equipment, and other expenses necessary for science 

15 activities in carrying out the purposes of the Department 

16 of Energy Organization Act (42 U.S.C. 7101 et seq.), in17 cluding the acquisition or condemnation of any real prop18 erty or facility or for plant or facility acquisition, con19 struction, or expansion, and purchase of not to exceed 

20 four passenger motor vehicles for replacement only, in21 cluding one ambulance, $3,599,964,000, to remain avail22 able until expended. 

23 DEPARTMENTAL ADMINISTRATION

24 For salaries and expenses of the Department of En25 ergy necessary for departmental administration in carVerDate Aug 31 2005 10:22 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\PICKUP\H4614.EH H4614

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1 rying out the purposes of the Department of Energy Or2 ganization Act (42 U.S.C. 7101 et seq.), including the 

3 hire of passenger motor vehicles and official reception 

4 and representation expenses (not to exceed $35,000), 

5 $243,876,000, to remain available until expended, plus 

6 such additional amounts as necessary to cover increases 

7 in the estimated amount of cost of work for others not8 withstanding the provisions of the Anti-Deficiency Act 

9 (31 U.S.C. 1511 et seq.): Provided, That such increases 

10 in cost of work are offset by revenue increases of the 

11 same or greater amount, to remain available until ex12 pended: Provided further, That moneys received by the 

13 Department for miscellaneous revenues estimated to total 

14 $122,000,000 in fiscal year 2005 may be retained and 

15 used for operating expenses within this account, and may 

16 remain available until expended, as authorized by section 

17 201 of Public Law 95–238, notwithstanding the provi18 sions of 31 U.S.C. 3302: Provided further, That the sum 

19 herein appropriated shall be reduced by the amount of 

20 miscellaneous revenues received during fiscal year 2005, 

21 and any related unappropriated receipt account balances 

22 remaining from prior years’ miscellaneous revenues, so as 

23 to result in a final fiscal year 2005 appropriation from 

24 the general fund estimated at not more than 

25 $121,876,000. 


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1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of the Inspec3 tor General in carrying out the provisions of the Inspec4 tor General Act of 1978, as amended, $41,508,000, to 

5 remain available until expended. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY ADMINISTRATION

8 WEAPONS ACTIVITIES

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other incidental expenses necessary 

12 for atomic energy defense weapons activities in carrying 

13 out the purposes of the Department of Energy Organiza14 tion Act (42 U.S.C. 7101 et seq.), including the acquisi15 tion or condemnation of any real property or any facility 

16 or for plant or facility acquisition, construction, or expan17 sion; and the purchase of not to exceed 19 passenger 

18 motor vehicles, for replacement only, including not to ex19 ceed two buses; $6,514,424,000 to remain available until 

20 expended. 

21 DEFENSE NUCLEAR NONPROLIFERATION

22 For Department of Energy expenses, including the 

23 purchase, construction and acquisition of plant and cap24 ital equipment and other incidental expenses necessary 

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1 tion activities, in carrying out the purposes of the De2 partment of Energy Organization Act (42 U.S.C. 7101 et 

3 seq.), including the acquisition or condemnation of any 

4 real property or any facility or for plant or facility acqui5 sition, construction, or expansion, $1,348,647,000, to re6 main available until expended. 

7 NAVAL REACTORS

8 For Department of Energy expenses necessary for 

9 naval reactors activities to carry out the Department of 

10 Energy Organization Act (42 U.S.C. 7101 et seq.), in11 cluding the acquisition (by purchase, condemnation, con12 struction, or otherwise) of real property, plant, and cap13 ital equipment, facilities, and facility expansion, 

14 $807,900,000, to remain available until expended. 

15 OFFICE OF THE ADMINISTRATOR

16 For necessary expenses of the Office of the Adminis17 trator in the National Nuclear Security Administration, 

18 including official reception and representation expenses 

19 (not to exceed $12,000), $356,200,000, to remain avail20 able until expended. 

21 ENVIRONMENTAL AND OTHER DEFENSE 

22 ACTIVITIES 

23 DEFENSE SITE ACCELERATION COMPLETION

24 For Department of Energy expenses, including the 

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1 ital equipment and other expenses necessary for atomic 

2 energy defense site acceleration completion activities in 

3 carrying out the purposes of the Department of Energy 

4 Organization Act (42 U.S.C. 7101 et seq.), including the 

5 acquisition or condemnation of any real property or any 

6 facility or for plant or facility acquisition, construction, 

7 or expansion, $5,930,837,000, to remain available until 

8 expended. 

9 DEFENSE ENVIRONMENTAL SERVICES

10 For Department of Energy expenses necessary for 

11 defense-related environmental services activities that indi12 rectly support the accelerated cleanup and closure mis13 sion at environmental management sites, including the 

14 purchase, construction, and acquisition of plant and cap15 ital equipment and other necessary expenses, and the 

16 purchase of not to exceed three ambulances for replace17 ment only, $957,976,000, to remain available until ex18 pended. 

19 OTHER DEFENSE ACTIVITIES

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses, necessary for atomic 

23 energy defense, other defense activities, and classified ac24 tivities, in carrying out the purposes of the Department 

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), inVerDate Aug 31 2005 10:22 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\PICKUP\H4614.EH H4614

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1 cluding the acquisition or condemnation of any real prop2 erty or any facility or for plant or facility acquisition, 

3 construction, or expansion, $697,059,000, to remain 

4 available until expended. 

5 DEFENSE NUCLEAR WASTE DISPOSAL

6 For nuclear waste disposal activities to carry out the 

7 purposes of Public Law 97–425, as amended, including 

8 the acquisition of real property or facility construction or 

9 expansion, $131,000,000, to remain available until ex10 pended. 

11 POWER MARKETING ADMINISTRATIONS 

12 BONNEVILLE POWER ADMINISTRATION FUND

13 Expenditures from the Bonneville Power Adminis14 tration Fund, established pursuant to Public Law 93– 

15 454, are approved for official reception and representa16 tion expenses in an amount not to exceed $1,500. During 

17 fiscal year 2005, no new direct loan obligations may be 

18 made. 

19 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

20 ADMINISTRATION

21 For necessary expenses of operation and mainte22 nance of power transmission facilities and of marketing 

23 electric power and energy, including transmission wheel24 ing and ancillary services, pursuant to the provisions of 

25 section 5 of the Flood Control Act of 1944 (16 U.S.C. 


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1 825s), as applied to the southeastern power area, 

2 $5,200,000, to remain available until expended: Provided, 

3 That, notwithstanding the provisions of 31 U.S.C. 3302, 

4 up to $34,000,000 collected by the Southeastern Power 

5 Administration pursuant to the Flood Control Act of 

6 1944 to recover purchase power and wheeling expenses 

7 shall be credited to this account as offsetting collections, 

8 to remain available until expended for the sole purpose 

9 of making purchase power and wheeling expenditures. 

10 OPERATION AND MAINTENANCE, SOUTHWESTERN

11 POWER ADMINISTRATION

12 For necessary expenses of operation and mainte13 nance of power transmission facilities and of marketing 

14 electric power and energy, for construction and acquisi15 tion of transmission lines, substations and appurtenant 

16 facilities, and for administrative expenses, including offi17 cial reception and representation expenses in an amount 

18 not to exceed $1,500 in carrying out the provisions of 

19 section 5 of the Flood Control Act of 1944 (16 U.S.C. 

20 825s), as applied to the southwestern power area, 

21 $29,352,000, to remain available until expended: Pro22 vided, That, notwithstanding the provisions of 31 U.S.C. 

23 3302, up to $1,800,000 collected by the Southwestern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 


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1 shall be credited to this account as offsetting collections, 

2 to remain available until expended for the sole purpose 

3 of making purchase power and wheeling expenditures. 

4 CONSTRUCTION, REHABILITATION, OPERATION AND

5 MAINTENANCE, WESTERN AREA POWER ADMINIS6 TRATION

7 For carrying out the functions authorized by title 

8 III, section 302(a)(1)(E) of the Act of August 4, 1977 

9 (42 U.S.C. 7152), and other related activities including 

10 conservation and renewable resources programs as au11 thorized, including official reception and representation 

12 expenses in an amount not to exceed $1,500, 

13 $173,100,000, to remain available until expended, of 

14 which $170,756,000 shall be derived from the Depart15 ment of the Interior Reclamation Fund: Provided, That, 

16 notwithstanding the provisions of 31 U.S.C. 3302, up to 

17 $186,000,000 collected by the Western Area Power Ad18 ministration pursuant to the Flood Control Act of 1944 

19 and the Reclamation Project Act of 1939 to recover pur20 chase power and wheeling expenses shall be credited to 

21 this account as offsetting collections, to remain available 

22 until expended for the sole purpose of making purchase 

23 power and wheeling expenditures. 


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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs 

4 for the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,827,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Oper7 ating and Maintenance Fund of the Western Area Power 

8 Administration, as provided in section 423 of the Foreign 

9 Relations Authorization Act, Fiscal Years 1994 and 

10 1995. 

11 FEDERAL ENERGY REGULATORY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Energy Regu14 latory Commission to carry out the provisions of the De15 partment of Energy Organization Act (42 U.S.C. 7101 et 

16 seq.), including services as authorized by 5 U.S.C. 3109, 

17 the hire of passenger motor vehicles, and official recep18 tion and representation expenses (not to exceed $3,000), 

19 $210,000,000, to remain available until expended: Pro20 vided, That, notwithstanding any other provision of law, 

21 not to exceed $210,000,000 of revenues from fees and 

22 annual charges, and other services and collections in fis23 cal year 2005 shall be retained and used for necessary 

24 expenses in this account, and shall remain available until 

25 expended: Provided further, That the sum herein approVerDate Aug 31 2005 10:22 Apr 26, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\PICKUP\H4614.EH H4614

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1 priated from the general fund shall be reduced as reve2 nues are received during fiscal year 2005 so as to result 

3 in a final fiscal year 2005 appropriation from the general 

4 fund estimated at not more than $0. 

5 GENERAL PROVISIONS 

6 DEPARTMENT OF ENERGY 

7 SEC. 301. (a)(1) None of the funds in this or any 

8 other appropriations Act for fiscal year 2005 or any pre9 vious fiscal year may be used to make payments for a 

10 noncompetitive management and operating contract un11 less the Secretary of Energy has published in the Federal 

12 Register and submitted to the Committees on Appropria13 tions of the House of Representatives and the Senate a 

14 written notification, with respect to each such contract, 

15 of the Secretary’s decision to use competitive procedures 

16 for the award of the contract, or to not renew the con17 tract, when the term of the contract expires. 

18 (2) Paragraph (1) does not apply to an extension for 

19 up to two years of a noncompetitive management and op20 erating contract, if the extension is for purposes of allow21 ing time to award competitively a new contract, to pro22 vide continuity of service between contracts, or to com23 plete a contract that will not be renewed. 

24 (b) In this section: 


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1 (1) The term ‘‘noncompetitive management and 

2 operating contract’’ means a contract that was 

3 awarded more than 50 years ago without competi4 tion for the management and operation of Ames 

5 Laboratory, Argonne National Laboratory, Lawrence 

6 Berkeley National Laboratory, Lawrence Livermore 

7 National Laboratory, and Los Alamos National Lab8 oratory. 

9 (2) The term ‘‘competitive procedures’’ has the 

10 meaning provided in section 4 of the Office of Fed11 eral Procurement Policy Act (41 U.S.C. 403) and 

12 includes procedures described in section 303 of the 

13 Federal Property and Administrative Services Act of 

14 1949 (41 U.S.C. 253) other than a procedure that 

15 solicits a proposal from only one source. 

16 (c) For all management and operating contracts 

17 other than those listed in subsection (b)(1), none of the 

18 funds appropriated by this Act may be used to award a 

19 management and operating contract, or award a signifi20 cant extension or expansion to an existing management 

21 and operating contract, unless such contract is awarded 

22 using competitive procedures or the Secretary of Energy 

23 grants, on a case-by-case basis, a waiver to allow for such 

24 a deviation. The Secretary may not delegate the authority 

25 to grant such a waiver. At least 60 days before a contract 


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1 award for which the Secretary intends to grant such a 

2 waiver, the Secretary shall submit to the Committees on 

3 Appropriations of the House of Representatives and the 

4 Senate a report notifying the Committees of the waiver 

5 and setting forth, in specificity, the substantive reasons 

6 why the Secretary believes the requirement for competition 

7 should be waived for this particular award. 

8 SEC. 302. None of the funds appropriated by this 

9 Act may be used to— 

10 (1) develop or implement a workforce restruc11 turing plan that covers employees of the Department 

12 of Energy; or 

13 (2) provide enhanced severance payments or 

14 other benefits for employees of the Department of 

15 Energy under section 3161 of the National Defense 

16 Authorization Act for Fiscal Year 1993 (P.L. 102– 

17 484; 42 U.S.C. 7274h). 

18 SEC. 303. None of the funds appropriated by this 

19 Act may be used to augment the funds made available for 

20 obligation by this Act or any other appropriations Act for 

21 fiscal year 2005 or any previous fiscal year for severance 

22 payments and other benefits and community assistance 

23 grants under section 3161 of the National Defense Au24 thorization Act for Fiscal Year 1993 (P.L. 102–484; 42 

25 U.S.C. 7274h) unless the Department of Energy submits 


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1 a reprogramming request subject to approval by the ap2 propriate congressional committees. 

3 SEC. 304. None of the funds appropriated by this 

4 Act may be used to prepare or initiate Requests For Pro5 posals (RFPs) for a program if the program has not been 

6 funded by Congress. 

7 (TRANSFERS OF UNEXPENDED BALANCES)

8 SEC. 305. The unexpended balances of prior appro9 priations provided for activities in this Act may be trans10 ferred to appropriation accounts for such activities estab11 lished pursuant to this title. Balances so transferred may 

12 be merged with funds in the applicable established ac13 counts and thereafter may be accounted for as one fund 

14 for the same time period as originally enacted. 

15 SEC. 306. None of the funds in this or any other Act 

16 for the Administrator of the Bonneville Power Adminis17 tration may be used to enter into any agreement to per18 form energy efficiency services outside the legally defined 

19 Bonneville service territory, with the exception of services 

20 provided internationally, including services provided on a 

21 reimbursable basis, unless the Administrator certifies in 

22 advance that such services are not available from private 

23 sector businesses. 

24 SEC. 307. When the Department of Energy makes 

25 a user facility available to universities or other potential 

26 users, or seeks input from universities or other potential 


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1 users regarding significant characteristics or equipment 

2 in a user facility or a proposed user facility, the Depart3 ment shall ensure broad public notice of such availability 

4 or such need for input to universities and other potential 

5 users. When the Department of Energy considers the 

6 participation of a university or other potential user as a 

7 formal partner in the establishment or operation of a 

8 user facility, the Department shall employ full and open 

9 competition in selecting such a partner. For purposes of 

10 this section, the term ‘‘user facility’’ includes, but is not 

11 limited to: (1) a user facility as described in section 

12 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

13 13503(a)(2)); (2) a National Nuclear Security Adminis14 tration Defense Programs Technology Deployment Cen15 ter/User Facility; and (3) any other Departmental facility 

16 designated by the Department as a user facility. 

17 SEC. 308. The Administrator of the National Nu18 clear Security Administration may authorize the manager 

19 of a covered nuclear weapons research, development, test20 ing or production facility to engage in research, develop21 ment, and demonstration activities with respect to the en22 gineering and manufacturing capabilities at such facility 

23 in order to maintain and enhance such capabilities at 

24 such facility: Provided, That of the amount allocated to 

25 a covered nuclear weapons facility each fiscal year from 


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1 amounts available to the Department of Energy for such 

2 fiscal year for national security programs, not more than 

3 an amount equal to 2 percent of such amount may be 

4 used for these activities: Provided further, That for pur5 poses of this section, the term ‘‘covered nuclear weapons 

6 facility’’ means the following: 

7 (1) the Kansas City Plant, Kansas City, Mis8 souri; 

9 (2) the Y–12 Plant, Oak Ridge, Tennessee; 

10 (3) the Pantex Plant, Amarillo, Texas; 

11 (4) the Savannah River Plant, South Carolina; 

12 and 

13 (5) the Nevada Test Site. 

14 SEC. 309. Funds appropriated by this or any other 

15 Act, or made available by the transfer of funds in this 

16 Act, for intelligence activities are deemed to be specifically 

17 authorized by the Congress for purposes of section 504 

18 of the National Security Act of 1947 (50 U.S.C. 414) dur19 ing fiscal year 2005 until the enactment of the Intelligence 

20 Authorization Act for fiscal year 2005. 

21 SEC. 310. None of the funds made available in this 

22 or any other appropriations Act for fiscal year 2005 or 

23 any previous fiscal year may be used to select a site for 

24 a Modern Pit Facility during fiscal year 2005. 


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1 SEC. 311. None of the funds made available in this 

2 Act may be used to finance laboratory directed research 

3 and development activities at Department of Energy lab4 oratories on behalf of other Federal agencies. 

5 SEC. 312. (a) None of the funds made available by 

6 this Act may be used to issue any license, approval, or 

7 authorization for the export or reexport, or transfer, or 

8 retransfer, whether directly or indirectly, of nuclear mate9 rials and equipment or sensitive nuclear technology, in10 cluding items and assistance authorized by section 57 b. 

11 of the Atomic Energy Act of 1954 and regulated under 

12 part 810 of title 10, Code of Federal Regulations, and nu13 clear-related items on the Commerce Control List main14 tained under part 774 of title 15 of the Code of Federal 

15 Regulations, to any country whose government has been 

16 identified by the Secretary of State as engaged in state 

17 sponsorship of terrorist activities (specifically including 

18 any country the government of which has been determined 

19 by the Secretary of State under section 620A(a) of the 

20 Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), sec21 tion 6(j)(1) of the Export Administration Act of 1979 (50 

22 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Ex23 port Control Act (22 U.S.C. 2780(d)) to have repeatedly 

24 provided support for acts of international terrorism). 


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1 (b) This section shall not apply to exports, reexports, 

2 transfers, or retransfers of radiation monitoring tech3 nologies, surveillance equipment, seals, cameras, tamper4 indication devices, nuclear detectors, monitoring systems, 

5 or equipment necessary to safely store, transport, or re6 move hazardous materials, whether such items, services, 

7 or information are regulated by the Department of En8 ergy, the Department of Commerce, or the Nuclear Regu9 latory Commission, except to the extent that such tech10 nologies, equipment, seals, cameras, devices, detectors, or 

11 systems are available for use in the design or construction 

12 of nuclear reactors or nuclear weapons. 

13 (c) The President may waive the application of sub14 section (a) to a country if the President determines and 

15 certifies to Congress that the waiver will not result in any 

16 increased risk that the country receiving the waiver will 

17 acquire nuclear weapons, nuclear reactors, or any mate18 rials or components of nuclear weapons and— 

19 (1) the government of such country has not 

20 within the preceding 12-month period willfully aided 

21 or abetted the international proliferation of nuclear 

22 explosive devices to individuals or groups or willfully 

23 aided and abetted an individual or groups in acquir24 ing unsafeguarded nuclear materials; 


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•HR 4614 EH 

1 (2) in the judgment of the President, the gov2 ernment of such country has provided adequate, 

3 verifiable assurances that it will cease its support for 

4 acts of international terrorism; 

5 (3) the waiver of that subsection is in the vital 

6 national security interest of the United States; or 

7 (4) such a waiver is essential to prevent or re8 spond to a serious radiological hazard in the country 

9 receiving the waiver that may or does threaten pub10 lic health and safety. 

11 (d) This section shall apply with respect to exports 

12 that have been approved for transfer as of the date of the 

13 enactment of this Act but have not yet been transferred 

14 as of that date. 

15 TITLE IV 

16 INDEPENDENT AGENCIES 

17 APPALACHIAN REGIONAL COMMISSION

18 For expenses necessary to carry out the programs 

19 authorized by the Appalachian Regional Development Act 

20 of 1965, as amended, for necessary expenses for the Fed21 eral Co-Chairman and the alternate on the Appalachian 

22 Regional Commission, for payment of the Federal share 

23 of the administrative expenses of the Commission, includ24 ing services as authorized by 5 U.S.C. 3109 and hire of 


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1 passenger motor vehicles, $38,500,000, to remain avail2 able until expended. 

3 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Defense Nuclear Fa6 cilities Safety Board in carrying out activities authorized 

7 by the Atomic Energy Act of 1954, as amended by Public 

8 Law 100–456, section 1441, $20,268,000, to remain 

9 available until expended. 

10 DELTA REGIONAL AUTHORITY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Delta Regional Au13 thority and to carry out its activities, as authorized by 

14 the Delta Regional Authority Act of 2000, as amended, 

15 notwithstanding sections 382C(b)(2), 382F(d), and 

16 382M(b) of said Act, $2,096,000, to remain available 

17 until expended. 

18 NUCLEAR REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission in car21 rying out the purposes of the Energy Reorganization Act 

22 of 1974, as amended, and the Atomic Energy Act of 

23 1954, as amended, including official representation ex24 penses (not to exceed $15,000), and purchase of pro25 motional items for use in the recruitment of individuals 


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1 for employment, $662,777,000, to remain available until 

2 expended: Provided, That of the amount appropriated 

3 herein, $69,050,000 shall be derived from the Nuclear 

4 Waste Fund: Provided further, That revenues from licens5 ing fees, inspection services, and other services and col6 lections estimated at $534,354,300 in fiscal year 2005 

7 shall be retained and used for necessary salaries and ex8 penses in this account, notwithstanding 31 U.S.C. 3302, 

9 and shall remain available until expended: Provided fur10 ther, That the sum herein appropriated shall be reduced 

11 by the amount of revenues received during fiscal year 

12 2005 so as to result in a final fiscal year 2005 appropria13 tion estimated at not more than $128,422,700. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978, as amended, $7,518,000, to remain 

18 available until expended: Provided, That revenues from li19 censing fees, inspection services, and other services and 

20 collections estimated at $6,766,200 in fiscal year 2005 

21 shall be retained and be available until expended, for nec22 essary salaries and expenses in this account, notwith23 standing 31 U.S.C. 3302: Provided further, That the sum 

24 herein appropriated shall be reduced by the amount of 

25 revenues received during fiscal year 2005 so as to result 


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1 in a final fiscal year 2005 appropriation estimated at not 

2 more than $751,800. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Nuclear Waste Tech6 nical Review Board, as authorized by Public Law 100– 

7 203, section 5051, $3,177,000, to be derived from the 

8 Nuclear Waste Fund, and to remain available until ex9 pended. 

10 TITLE V 

11 GENERAL PROVISIONS 

12 SEC. 501. None of the funds appropriated by this Act 

13 may be used in any way, directly or indirectly, to influence 

14 congressional action on any legislation or appropriation 

15 matters pending before Congress, other than to commu16 nicate to Members of Congress as described in 18 U.S.C. 

17 1913. 

18 SEC. 502. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government, except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriation Act. 

23 SEC. 503. None of the funds made available in this 

24 Act may be used to deny requests for the public release 

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1 ern Energy Markets: Enron Investigation (Docket No. 

2 PA02-2), the California Refund case (Docket No. EL00- 

3 95), the Anomalous Bidding Investigation (Docket No. 

4 IN03-10), or the Physical Withholding Investigation. 

5 This Act may be cited as the ‘‘Energy and Water De6 velopment Appropriations Act, 2005’’. 

Passed the House of Representatives June 25, 2004. 

Attest: 

Clerk. 


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