IB 

Union Calendar No. 322 

108TH CONGRESS 

2D SESSION H. R. 4614 

[Report No. 108–554] 

Making appropriations for energy and water development for the fiscal year 

ending September 30, 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2004 

Mr. HOBSON, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

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 

4 money in the Treasury not otherwise appropriated, for the 

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

6 water development, and for other purposes, namely: 
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1 TITLE I 

2 DEPARTMENT OF DEFENSE—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended 

6 under the direction of the Secretary of the Army and the 

7 supervision of the Chief of Engineers for authorized civil 

8 functions of the Department of the Army pertaining to 

9 rivers and harbors, flood control, shore protection, aquat10 ic ecosystem restoration, and related purposes. 

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study 

13 of basic information pertaining to rivers and harbors, 

14 flood control, shore protection, storm damage reduction, 

15 and related projects, restudy of authorized projects, mis16 cellaneous investigations, and, when authorized by law, 

17 surveys and detailed studies and plans and specifications 

18 of projects prior to construction, $149,000,000, to re19 main available until expended: Provided, That for the 

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

21 planning and design undertaken by non-Federal interests 

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

23 design costs: Provided further, That in conducting the 

24 Southwest Valley Flood Damage Reduction Study, Albu25 querque, New Mexico, the Secretary of the Army, acting 
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1 through the Chief of Engineers, shall include an evalua2 tion of flood damage reduction measures that would oth3 erwise be excluded from the feasibility analysis based on 

4 policies regarding the frequency of flooding, the drainage 

5 areas, and the amount of runoff. 

6 CONSTRUCTION, GENERAL

7 For expenses necessary for the prosecution of river 

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

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

10 conducting detailed studies, and plans and specifications, 

11 of such projects (including those for development with 

12 participation or under consideration for participation by 

13 States, local governments, or private groups) authorized 

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

15 studies, and plans and specifications, shall not constitute 

16 a commitment of the Government to construction); 

17 $1,876,680,000, to remain available until expended, of 

18 which such sums as are necessary to cover the Federal 

19 share of construction costs for facilities under the 

20 Dredged Material Disposal Facilities program shall be 

21 derived from the Harbor Maintenance Trust Fund as au22 thorized by Public Law 104–303; and of which such 

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

24 shall be derived from the Inland Waterways Trust Fund 

25 for one-half of the costs of construction and rehabilitation 
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1 of inland waterways projects (including the rehabilitation 

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

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

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

5 Lock and Dam 3, Mississippi River, Minnesota): Pro6 vided, That using $10,000,000 of the funds appropriated 

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

8 Chief of Engineers, is directed to continue construction 

9 of the Dallas Floodway Extension, Texas, project, includ10 ing the Cadillac Heights feature, generally in accordance 

11 with the Chief of Engineers report dated December 7, 

12 1999: Provided further, That the Secretary of the Army 

13 is directed to accept advance funds, pursuant to section 

14 11 of the River and Harbor Act of 1925, from the non15 Federal sponsor of the Los Angeles Harbor, California, 

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

17 106–541: Provided further, That the Secretary of the 

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

19 to proceed with the construction of the New York and 

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

21 upon execution of the Project Cooperation Agreement: 

22 Provided further, That no funds made available under 

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

24 by the Secretary of the Army to carry out the construc25 tion of the Port Jersey element of the New York and 
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1 New Jersey Harbor or reimbursement to the Local Spon2 sor for the construction of the Port Jersey element until 

3 commitments for construction of container handling fa4 cilities are obtained from the non-Federal sponsor for a 

5 second user along the Port Jersey element: Provided fur6 ther, That the Secretary of the Army, acting through the 

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

8 funds appropriated herein to proceed with planning, engi9 neering, design or construction of the Grundy, Buchanan 

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

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

12 Cumberland River Project: Provided further, That the 

13 Secretary of the Army, acting through the Chief of Engi14 neers, is directed to use funds appropriated for the navi15 gation project, Tampa Harbor, Florida, to carry out, as 

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

17 area approximately 3.5 miles long, centered on Tampa 

18 Bay Cut B, if the Secretary determines that such con19 struction is technically sound, environmentally acceptable, 

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

21 of the funds appropriated herein, the Secretary of the 

22 Army, acting through the Chief of Engineers, is author23 ized and directed to plan, design, and initiate reconstruc24 tion of the Cape Girardeau, Missouri, project, originally 

25 authorized by the Flood Control Act of 1950, at an esti-
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1 mated total cost of $9,000,000, with cost sharing on the 

2 same basis as cost sharing for the project as originally 

3 authorized, if the Secretary determines that the recon4 struction is technically sound and environmentally accept5 able: Provided further, That the planned reconstruction 

6 shall be based on the most cost-effective engineering solu7 tion and shall require no further economic justification: 

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

9 through the Chief of Engineers, is directed to proceed 

10 without further delay with work on the permanent bridge 

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

12 as authorized by the Energy and Water Development Ap13 propriations Act, 2004 (Public Law 108–137), and, of 

14 the $8,000,000 available for the American River Water15 shed (Folsom Dam Mini-Raise), California, project, up to 

16 $5,000,000 of those funds be directed for the permanent 

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

18 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU19 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUI20 SIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

21 For expenses necessary for the flood damage reduc22 tion program for the Mississippi River alluvial valley 

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

24 $325,000,000, to remain available until expended. 
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1 OPERATION AND MAINTENANCE, GENERAL

2 For expenses necessary for the operation, mainte3 nance, and care of existing river and harbor, flood and 

4 storm damage reduction, aquatic ecosystem restoration, 

5 and related projects; for providing security for infrastruc6 ture owned and operated by, or on behalf of, the United 

7 States Army Corps of Engineers, including administra8 tive buildings and facilities, laboratories, and the Wash9 ington Aqueduct; for the maintenance of harbor channels 

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

11 that serve essential navigation needs of general com12 merce, where authorized by law; and for surveys and 

13 charting of northern and northwestern lakes and con14 necting waters, clearing and straightening channels, and 

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

16 remain available until expended, of which such sums as 

17 become available in the Harbor Maintenance Trust Fund, 

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

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

20 the special account for the United States Army Corps of 

21 Engineers established by the Land and Water Conserva22 tion Act of 1965, as amended (16 U.S.C. 460l–6a(i)), 

23 may be derived from that account for resource protection, 

24 research, interpretation, and maintenance activities re25 lated to resource protection in the areas at which outdoor 
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1 recreation is available; and of which such sums as become 

2 available under section 217 of the Water Resources De3 velopment Act of 1996, Public Law 104–303, shall be 

4 used to cover the cost of operation and maintenance of 

5 the dredged material disposal facilities for which fees 

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

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

8 to use funds appropriated herein to rehabilitate the exist9 ing dredged material disposal site for the project for 

10 navigation, Bodega Bay Harbor, California, and to con11 tinue maintenance dredging of the Federal channel: Pro12 vided further, That the Secretary shall make suitable ma13 terial excavated from the site as part of the rehabilitation 

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

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

16 sponsor in the development of public facilities. 

17 REGULATORY PROGRAM

18 For expenses necessary for administration of laws 

19 pertaining to regulation of navigable waters and wet20 lands, $140,000,000, to remain available until expended. 

21 FORMERLY UTILIZED SITES REMEDIAL ACTION

22 PROGRAM

23 For expenses necessary to clean up contamination at 

24 sites in the United States resulting from work performed 
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1 as part of the Nation’s early atomic energy program, 

2 $190,000,000, to remain available until expended. 

3 GENERAL EXPENSES

4 For expenses necessary for general administration 

5 and related civil works functions in the headquarters of 

6 the United States Army Corps of Engineers, the offices 

7 of the Division Engineers, the Humphreys Engineer Cen8 ter Support Activity, the Institute for Water Resources, 

9 the United States Army Engineer Research and Develop10 ment Center, and the United States Army Corps of Engi11 neers Finance Center, $167,000,000, to remain available 

12 until expended: Provided, That no part of any other ap13 propriation provided in title I of this Act shall be avail14 able to fund the activities of the Office of the Chief of 

15 Engineers or the executive direction and management ac16 tivities of the division offices: Provided further, That none 

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

18 congressional affairs within the executive office of the 

19 Chief of Engineers. 

20 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

21 WORKS) 

22 For expenses necessary for the Office of Assistant 

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

24 U.S.C. 3016(b)(3), $2,600,000. 
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations in this title shall be available for offi3 cial reception and representation expenses (not to exceed 

4 $5,000); and during the current fiscal year the Revolving 

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

6 (not to exceed 100 for replacement only) and hire of pas7 senger motor vehicles. 

8 GENERAL PROVISIONS 

9 CORPS OF ENGINEERS—CIVIL

10 SEC. 101. Agreements proposed for execution by the 

11 Assistant Secretary of the Army for Civil Works or the 

12 United States Army Corps of Engineers after the date of 

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

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

15 11 of the River and Harbor Act of 1925 (P.L. 68–585); 

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

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

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

19 the Water Resources Development Act of 1986, as 

20 amended (P.L. 99–662); section 206 of the Water Re21 sources Development Act of 1992, as amended (P.L. 

22 102–580); section 211 of the Water Resources Develop23 ment Act of 1996 (P.L. 104–303); and any other specific 

24 project authority, shall be limited to credits and reim25 bursements per project not to exceed $10,000,000 in 
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1 each fiscal year, and total credits and reimbursements for 

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

3 fiscal year. 

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

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

6 Corps of Engineers to support activities related to the 

7 proposed Ridge Landfill in Tuscarawas County, Ohio. 

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

9 any other Act shall be used to demonstrate or implement 

10 any plans divesting or transferring any Civil Works mis11 sions, functions, or responsibilities of the United States 

12 Army Corps of Engineers to other government agencies 

13 without specific direction in a subsequent Act of Con14 gress. 

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

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

17 Corps of Engineers to support activities related to the 

18 proposed Indian Run Sanitary Landfill in Sandy Town19 ship, Stark County, Ohio. 

20 SEC. 105. ALAMOGORDO, NEW MEXICO. The project 

21 for flood protection at Alamogordo, New Mexico, author22 ized by the Flood Control Act of 1962 (P.L. 87–874), is 

23 modified to authorize and direct the Secretary to con24 struct a flood detention basin to protect the north side 

25 of the City of Alamogordo, New Mexico, from flooding. 
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1 The flood detention basin shall be constructed to provide 

2 protection from a 100-year flood event. The project cost 

3 share for the flood detention basin shall be consistent 

4 with section 103(a) of the Water Resources Development 

5 Act of 1986, notwithstanding section 202(a) of the Water 

6 Resources Development Act of 1996. 

7 SEC. 106. Section 214(a) of Public Law 106–541 is 

8 amended by striking ‘‘2003’’ and inserting ‘‘2007’’. 

9 SEC. 107. FLOOD DAMAGE REDUCTION, MILL

10 CREEK, CINCINNATI, OHIO. The Secretary of the Army 

11 is directed to complete the General Reevaluation Report 

12 on the Mill Creek, Ohio, project not later than March 1, 

13 2005, at 100 percent Federal cost. The report shall pro14 vide plans for flood damage reduction throughout the 

15 basin equivalent to and commensurate with that afforded 

16 by the authorized, partially implemented, Mill Creek, 

17 Ohio, Flood Damage Reduction Project, as authorized in 

18 section 201 of the Flood Control Act of 1970 (P.L. 91– 

19 611). 

20 SEC. 108. The Secretary shall provide credit to the 

21 non-Federal sponsor for preconstruction engineering and 

22 design work performed by the non-Federal sponsor for 

23 the environmental dredging project at Ashtabula River, 

24 Ohio, prior to execution of a Project Cooperation Agree25 ment. 
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1 SEC. 109. The Secretary of the Army, acting 

2 through the Chief of Engineers, is directed to design the 

3 Central Riverfront Park project on the Ohio Riverfront 

4 in Cincinnati, Ohio, as described in the Central River5 front Park Master Plan performed by the City of Cin6 cinnati, dated December 1999, and the Section 905(b) 

7 analysis, performed by the Louisville District of the 

8 Corps of Engineers, dated August 2002. The cost of 

9 project work undertaken by the non-Federal interests, in10 cluding but not limited to prior and current planning and 

11 design, shall be credited toward the non-Federal share of 

12 design costs. 

13 SEC. 110. Amounts in the revolving fund may not be 

14 used for the Dredge MCFARLAND overhaul, the replace15 ment of the side-casting propulsion system of the Dredge 

16 MERRITT, the pontoon pipeline replacement of the 

17 Dredge JADWIN, the bow discharge replacement and 

18 repowering for the Dredge ESSAYONS, the repowering 

19 of the Dredge YAQUINA, or the floating pipeline replace20 ment for the Dredge POTTER. 
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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

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

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

8 deposited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission. 

11 In addition, for necessary expenses incurred in car12 rying out related responsibilities of the Secretary of the 

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

14 BUREAU OF RECLAMATION

15 The following appropriations shall be expended to 

16 execute authorized functions of the Bureau of Reclama17 tion: 

18 WATER AND RELATED RESOURCES

19 (INCLUDING TRANSFER OF FUNDS)

20 For management, development, and restoration of 

21 water and related natural resources and for related ac22 tivities, including the operation, maintenance, and reha23 bilitation of reclamation and other facilities, participation 

24 in fulfilling related Federal responsibilities to Native 

25 Americans, and related grants to, and cooperative and 
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1 other agreements with, State and local governments, In2 dian tribes, and others, $860,000,000, to remain avail3 able until expended, of which $53,299,000 shall be avail4 able for transfer to the Upper Colorado River Basin 

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

6 the Lower Colorado River Basin Development Fund; of 

7 which such amounts as may be necessary may be ad8 vanced to the Colorado River Dam Fund; and of which 

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

10 which shall be carried out by the Youth Conservation 

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

12 such transfers may be increased or decreased within the 

13 overall appropriation under this heading: Provided fur14 ther, That of the total appropriated, the amount for pro15 gram activities can be financed by the Reclamation Fund 

16 or the Bureau of Reclamation special fee account estab17 lished by 16 U.S.C. 460l–6a(i) shall be derived from that 

18 Fund or account: Provided further, That funds contrib19 uted under 43 U.S.C. 395 are available until expended 

20 for the purposes for which contributed: Provided further, 

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

22 credited to this account and are available until expended 

23 for the same purposes as the sums appropriated under 

24 this heading: Provided further, That funds available for 

25 expenditure for the Departmental Irrigation Drainage 
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1 Program may be expended by the Bureau of Reclamation 

2 for site remediation on a non-reimbursable basis: Pro3 vided further, That section 301 of Public Law 102–250, 

4 the Reclamation States Emergency Drought Relief Act of 

5 1991, as amended, is amended further by inserting 

6 ‘‘2004, and 2005’’ in lieu of ‘‘and 2004’’. 

7 CENTRAL VALLEY PROJECT RESTORATION FUND

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

9 habitat restoration, improvement, and acquisition provi10 sions of the Central Valley Project Improvement Act, 

11 $54,695,000, to be derived from such sums as may be 

12 collected in the Central Valley Project Restoration Fund 

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

14 3406(c)(1) of Public Law 102–575, to remain available 

15 until expended: Provided, That the Bureau of Reclama16 tion is directed to assess and collect the full amount of 

17 the additional mitigation and restoration payments au18 thorized by section 3407(d) of Public Law 102–575: Pro19 vided further, That none of the funds made available 

20 under this heading may be used for the acquisition or 

21 leasing of water for in-stream purposes if the water is al22 ready committed to in-stream purposes by a court-adopt23 ed decree or order. 
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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, 

3 and related functions in the office of the Commissioner, 

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

5 Bureau of Reclamation, to remain available until ex6 pended, $58,153,000, to be derived from the Reclamation 

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

8 377: Provided, That no part of any other appropriation 

9 in this Act shall be available for activities or functions 

10 budgeted as policy and administration expenses. 

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall 

13 be available for purchase of not to exceed 14 passenger 

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

15 GENERAL PROVISIONS 

16 DEPARTMENT OF THE INTERIOR

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

18 otherwise made available by this Act may be used to de19 termine the final point of discharge for the interceptor 

20 drain for the San Luis Unit until development by the 

21 Secretary of the Interior and the State of California of 

22 a plan, which shall conform to the water quality stand23 ards of the State of California as approved by the Admin24 istrator of the Environmental Protection Agency, to mini-
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1 mize any detrimental effect of the San Luis drainage wa2 ters. 

3 (b) The costs of the Kesterson Reservoir Cleanup 

4 Program and the costs of the San Joaquin Valley Drain5 age Program shall be classified by the Secretary of the 

6 Interior as reimbursable or nonreimbursable and collected 

7 until fully repaid pursuant to the ‘‘Cleanup Program-Al8 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

9 Repayment Plan’’ described in the report entitled ‘‘Re10 payment Report, Kesterson Reservoir Cleanup Program 

11 and San Joaquin Valley Drainage Program, February 

12 1995’’, prepared by the Department of the Interior, Bu13 reau of Reclamation. Any future obligations of funds by 

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

15 service or drainage studies for the San Luis Unit shall 

16 be fully reimbursable by San Luis Unit beneficiaries of 

17 such service or studies pursuant to Federal reclamation 

18 law. 

19 SEC. 202. None of the funds appropriated or other20 wise made available by this or any other Act may be used 

21 to pay the salaries and expenses of personnel to purchase 

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

23 Projects in New Mexico unless said purchase or lease is 

24 in compliance with the purchase requirements of section 

25 202 of Public Law 106–60. 
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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY SUPPLY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for energy 

8 supply activities in carrying out the purposes of the De9 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

11 real property or any facility or for plant or facility acqui12 sition, construction, or expansion, and the purchase of 

13 not to exceed 9 passenger motor vehicles for replacement 

14 only, and one ambulance, $817,126,000, to remain avail15 able until expended. 

16 NON-DEFENSE SITE ACCELERATION COMPLETION

17 For Department of Energy expenses, including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other expenses necessary for non-de20 fense environmental management site acceleration com21 pletion activities in carrying out the purposes of the De22 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

24 real property or any facility or for plant or facility acqui-
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1 sition, construction, or expansion, $151,850,000, to re2 main available until expended. 

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

5 For necessary expenses in carrying out uranium en6 richment facility decontamination and decommissioning, 

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

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

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

10 $500,200,000, to be derived from the Fund, to remain 

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

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

13 Energy Policy Act of 1992. 

14 NON-DEFENSE ENVIRONMENTAL SERVICES

15 For Department of Energy expenses necessary for 

16 non-defense environmental services activities that indi17 rectly support the accelerated cleanup and closure mis18 sion at environmental management sites, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other necessary expenses, 

21 $291,296,000, to remain available until expended. 

22 SCIENCE

23 For Department of Energy expenses including the 

24 purchase, construction and acquisition of plant and cap25 ital equipment, and other expenses necessary for science 
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1 activities in carrying out the purposes of the Department 

2 of Energy Organization Act (42 U.S.C. 7101 et seq.), in3 cluding the acquisition or condemnation of any real prop4 erty or facility or for plant or facility acquisition, con5 struction, or expansion, and purchase of not to exceed 

6 four passenger motor vehicles for replacement only, in7 cluding one ambulance, $3,599,964,000, to remain avail8 able until expended. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of En11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Or13 ganization Act (42 U.S.C. 7101 et seq.), including the 

14 hire of passenger motor vehicles and official reception 

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

16 $243,876,000, to remain available until expended, plus 

17 such additional amounts as necessary to cover increases 

18 in the estimated amount of cost of work for others not19 withstanding the provisions of the Anti-Deficiency Act 

20 (31 U.S.C. 1511 et seq.): Provided, That such increases 

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

22 same or greater amount, to remain available until ex23 pended: Provided further, That moneys received by the 

24 Department for miscellaneous revenues estimated to total 

25 $122,000,000 in fiscal year 2005 may be retained and 
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1 used for operating expenses within this account, and may 

2 remain available until expended, as authorized by section 

3 201 of Public Law 95–238, notwithstanding the provi4 sions of 31 U.S.C. 3302: Provided further, That the sum 

5 herein appropriated shall be reduced by the amount of 

6 miscellaneous revenues received during fiscal year 2005, 

7 and any related unappropriated receipt account balances 

8 remaining from prior years’ miscellaneous revenues, so as 

9 to result in a final fiscal year 2005 appropriation from 

10 the general fund estimated at not more than 

11 $121,876,000. 

12 OFFICE OF THE INSPECTOR GENERAL

13 For necessary expenses of the Office of the Inspec14 tor General in carrying out the provisions of the Inspec15 tor General Act of 1978, as amended, $41,508,000, to 

16 remain available until expended. 

17 ATOMIC ENERGY DEFENSE ACTIVITIES 

18 NATIONAL NUCLEAR SECURITY ADMINISTRATION

19 WEAPONS ACTIVITIES

20 For Department of Energy expenses, including the 

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

23 for atomic energy defense weapons activities in carrying 

24 out the purposes of the Department of Energy Organiza25 tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
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1 tion or condemnation of any real property or any facility 

2 or for plant or facility acquisition, construction, or expan3 sion; and the purchase of not to exceed 19 passenger 

4 motor vehicles, for replacement only, including not to ex5 ceed two buses; $6,514,424,000 to remain available until 

6 expended. 

7 DEFENSE NUCLEAR NONPROLIFERATION

8 For Department of Energy expenses, including the 

9 purchase, construction and acquisition of plant and cap10 ital equipment and other incidental expenses necessary 

11 for atomic energy defense, defense nuclear nonprolifera12 tion activities, in carrying out the purposes of the De13 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

15 real property or any facility or for plant or facility acqui16 sition, construction, or expansion, $1,348,647,000, to re17 main available until expended. 

18 NAVAL REACTORS

19 For Department of Energy expenses necessary for 

20 naval reactors activities to carry out the Department of 

21 Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition (by purchase, condemnation, con23 struction, or otherwise) of real property, plant, and cap24 ital equipment, facilities, and facility expansion, 

25 $807,900,000, to remain available until expended. 
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1 OFFICE OF THE ADMINISTRATOR

2 For necessary expenses of the Office of the Adminis3 trator in the National Nuclear Security Administration, 

4 including official reception and representation expenses 

5 (not to exceed $12,000), $356,200,000, to remain avail6 able until expended. 

7 ENVIRONMENTAL AND OTHER DEFENSE 

8 ACTIVITIES 

9 DEFENSE SITE ACCELERATION COMPLETION

10 For Department of Energy expenses, including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment and other expenses necessary for atomic 

13 energy defense site acceleration completion activities in 

14 carrying out the purposes of the Department of Energy 

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

16 acquisition or condemnation of any real property or any 

17 facility or for plant or facility acquisition, construction, 

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

19 expended. 

20 DEFENSE ENVIRONMENTAL SERVICES

21 For Department of Energy expenses necessary for 

22 defense-related environmental services activities that indi23 rectly support the accelerated cleanup and closure mis24 sion at environmental management sites, including the 

25 purchase, construction, and acquisition of plant and cap-
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1 ital equipment and other necessary expenses, and the 

2 purchase of not to exceed three ambulances for replace3 ment only, $957,976,000, to remain available until ex4 pended. 

5 OTHER DEFENSE ACTIVITIES

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses, necessary for atomic 

9 energy defense, other defense activities, and classified ac10 tivities, in carrying out the purposes of the Department 

11 of Energy Organization Act (42 U.S.C. 7101 et seq.), in12 cluding the acquisition or condemnation of any real prop13 erty or any facility or for plant or facility acquisition, 

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

15 available until expended. 

16 DEFENSE NUCLEAR WASTE DISPOSAL

17 For nuclear waste disposal activities to carry out the 

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

19 the acquisition of real property or facility construction or 

20 expansion, $131,000,000, to remain available until ex21 pended. 

22 POWER MARKETING ADMINISTRATIONS 

23 BONNEVILLE POWER ADMINISTRATION FUND

24 Expenditures from the Bonneville Power Adminis25 tration Fund, established pursuant to Public Law 93– 
26 

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1 454, are approved for official reception and representa2 tion expenses in an amount not to exceed $1,500. During 

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

4 made. 

5 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

6 ADMINISTRATION

7 For necessary expenses of operation and mainte8 nance of power transmission facilities and of marketing 

9 electric power and energy, including transmission wheel10 ing and ancillary services, pursuant to the provisions of 

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

12 825s), as applied to the southeastern power area, 

13 $5,200,000, to remain available until expended: Provided, 

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

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

16 Administration pursuant to the Flood Control Act of 

17 1944 to recover purchase power and wheeling expenses 

18 shall be credited to this account as offsetting collections, 

19 to remain available until expended for the sole purpose 

20 of making purchase power and wheeling expenditures. 

21 OPERATION AND MAINTENANCE, SOUTHWESTERN

22 POWER ADMINISTRATION

23 For necessary expenses of operation and mainte24 nance of power transmission facilities and of marketing 

25 electric power and energy, for construction and acquisi-
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1 tion of transmission lines, substations and appurtenant 

2 facilities, and for administrative expenses, including offi3 cial reception and representation expenses in an amount 

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

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

6 825s), as applied to the southwestern power area, 

7 $29,352,000, to remain available until expended: Pro8 vided, That, notwithstanding the provisions of 31 U.S.C. 

9 3302, up to $1,800,000 collected by the Southwestern 

10 Power Administration pursuant to the Flood Control Act 

11 of 1944 to recover purchase power and wheeling expenses 

12 shall be credited to this account as offsetting collections, 

13 to remain available until expended for the sole purpose 

14 of making purchase power and wheeling expenditures. 

15 CONSTRUCTION, REHABILITATION, OPERATION AND

16 MAINTENANCE, WESTERN AREA POWER ADMINIS17 TRATION

18 For carrying out the functions authorized by title 

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

20 (42 U.S.C. 7152), and other related activities including 

21 conservation and renewable resources programs as au22 thorized, including official reception and representation 

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

24 $173,100,000, to remain available until expended, of 

25 which $170,756,000 shall be derived from the Depart-
28 

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1 ment of the Interior Reclamation Fund: Provided, That, 

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

3 $186,000,000 collected by the Western Area Power Ad4 ministration pursuant to the Flood Control Act of 1944 

5 and the Reclamation Project Act of 1939 to recover pur6 chase power and wheeling expenses shall be credited to 

7 this account as offsetting collections, to remain available 

8 until expended for the sole purpose of making purchase 

9 power and wheeling expenditures. 

10 FALCON AND AMISTAD OPERATING AND MAINTENANCE

11 FUND

12 For operation, maintenance, and emergency costs 

13 for the hydroelectric facilities at the Falcon and Amistad 

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

15 and to be derived from the Falcon and Amistad Oper16 ating and Maintenance Fund of the Western Area Power 

17 Administration, as provided in section 423 of the Foreign 

18 Relations Authorization Act, Fiscal Years 1994 and 

19 1995. 

20 FEDERAL ENERGY REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Energy Regu23 latory Commission to carry out the provisions of the De24 partment of Energy Organization Act (42 U.S.C. 7101 et 

25 seq.), including services as authorized by 5 U.S.C. 3109, 
29 

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1 the hire of passenger motor vehicles, and official recep2 tion and representation expenses (not to exceed $3,000), 

3 $210,000,000, to remain available until expended: Pro4 vided, That, notwithstanding any other provision of law, 

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

6 annual charges, and other services and collections in fis7 cal year 2005 shall be retained and used for necessary 

8 expenses in this account, and shall remain available until 

9 expended: Provided further, That the sum herein appro10 priated from the general fund shall be reduced as reve11 nues are received during fiscal year 2005 so as to result 

12 in a final fiscal year 2005 appropriation from the general 

13 fund estimated at not more than $0. 

14 GENERAL PROVISIONS 

15 DEPARTMENT OF ENERGY 

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

17 other appropriations Act for fiscal year 2005 or any pre18 vious fiscal year may be used to make payments for a 

19 noncompetitive management and operating contract un20 less the Secretary of Energy has published in the Federal 

21 Register and submitted to the Committees on Appropria22 tions of the House of Representatives and the Senate a 

23 written notification, with respect to each such contract, 

24 of the Secretary’s decision to use competitive procedures 
30 

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1 for the award of the contract, or to not renew the con2 tract, when the term of the contract expires. 

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

4 up to two years of a noncompetitive management and op5 erating contract, if the extension is for purposes of allow6 ing time to award competitively a new contract, to pro7 vide continuity of service between contracts, or to com8 plete a contract that will not be renewed. 

9 (b) In this section: 

10 (1) The term ‘‘noncompetitive management and 

11 operating contract’’ means a contract that was 

12 awarded more than 50 years ago without competi13 tion for the management and operation of Ames 

14 Laboratory, Argonne National Laboratory, Lawrence 

15 Berkeley National Laboratory, Lawrence Livermore 

16 National Laboratory, and Los Alamos National Lab17 oratory. 

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

19 meaning provided in section 4 of the Office of Fed20 eral Procurement Policy Act (41 U.S.C. 403) and 

21 includes procedures described in section 303 of the 

22 Federal Property and Administrative Services Act of 

23 1949 (41 U.S.C. 253) other than a procedure that 

24 solicits a proposal from only one source. 
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1 (c) For all management and operating contracts 

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

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

4 management and operating contract, or award a signifi5 cant extension or expansion to an existing management 

6 and operating contract, unless such contract is awarded 

7 using competitive procedures or the Secretary of Energy 

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

9 a deviation. The Secretary may not delegate the authority 

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

11 award for which the Secretary intends to grant such a 

12 waiver, the Secretary shall submit to the Committees on 

13 Appropriations of the House of Representatives and the 

14 Senate a report notifying the Committees of the waiver 

15 and setting forth, in specificity, the substantive reasons 

16 why the Secretary believes the requirement for competition 

17 should be waived for this particular award. 

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

19 Act may be used to— 

20 (1) develop or implement a workforce restruc21 turing plan that covers employees of the Department 

22 of Energy; or 

23 (2) provide enhanced severance payments or 

24 other benefits for employees of the Department of 

25 Energy under section 3161 of the National Defense 
32 

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

2 484; 42 U.S.C. 7274h). 

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

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

5 obligation by this Act or any other appropriations Act for 

6 fiscal year 2005 or any previous fiscal year for severance 

7 payments and other benefits and community assistance 

8 grants under section 3161 of the National Defense Au9 thorization Act for Fiscal Year 1993 (P.L. 102–484; 42 

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

11 a reprogramming request subject to approval by the ap12 propriate congressional committees. 

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

14 Act may be used to prepare or initiate Requests For Pro15 posals (RFPs) for a program if the program has not been 

16 funded by Congress. 

17 (TRANSFERS OF UNEXPENDED BALANCES)

18 SEC. 305. The unexpended balances of prior appro19 priations provided for activities in this Act may be trans20 ferred to appropriation accounts for such activities estab21 lished pursuant to this title. Balances so transferred may 

22 be merged with funds in the applicable established ac23 counts and thereafter may be accounted for as one fund 

24 for the same time period as originally enacted. 

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

26 for the Administrator of the Bonneville Power Adminis-
33 

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1 tration may be used to enter into any agreement to per2 form energy efficiency services outside the legally defined 

3 Bonneville service territory, with the exception of services 

4 provided internationally, including services provided on a 

5 reimbursable basis, unless the Administrator certifies in 

6 advance that such services are not available from private 

7 sector businesses. 

8 SEC. 307. When the Department of Energy makes 

9 a user facility available to universities or other potential 

10 users, or seeks input from universities or other potential 

11 users regarding significant characteristics or equipment 

12 in a user facility or a proposed user facility, the Depart13 ment shall ensure broad public notice of such availability 

14 or such need for input to universities and other potential 

15 users. When the Department of Energy considers the 

16 participation of a university or other potential user as a 

17 formal partner in the establishment or operation of a 

18 user facility, the Department shall employ full and open 

19 competition in selecting such a partner. For purposes of 

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

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

22 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

23 13503(a)(2)); (2) a National Nuclear Security Adminis24 tration Defense Programs Technology Deployment Cen-
34 

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1 ter/User Facility; and (3) any other Departmental facility 

2 designated by the Department as a user facility. 

3 SEC. 308. The Administrator of the National Nu4 clear Security Administration may authorize the manager 

5 of a covered nuclear weapons research, development, test6 ing or production facility to engage in research, develop7 ment, and demonstration activities with respect to the en8 gineering and manufacturing capabilities at such facility 

9 in order to maintain and enhance such capabilities at 

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

11 a covered nuclear weapons facility each fiscal year from 

12 amounts available to the Department of Energy for such 

13 fiscal year for national security programs, not more than 

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

15 used for these activities: Provided further, That for pur16 poses of this section, the term ‘‘covered nuclear weapons 

17 facility’’ means the following: 

18 (1) the Kansas City Plant, Kansas City, Mis19 souri; 

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

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

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

23 and 

24 (5) the Nevada Test Site. 
35 

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

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

3 Act, for intelligence activities are deemed to be specifically 

4 authorized by the Congress for purposes of section 504 

5 of the National Security Act of 1947 (50 U.S.C. 414) dur6 ing fiscal year 2005 until the enactment of the Intelligence 

7 Authorization Act for fiscal year 2005. 

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

9 or any other appropriations Act for fiscal year 2005 or 

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

11 a Modern Pit Facility during fiscal year 2005. 

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

13 Act for fiscal year 2005 or any previous fiscal year may 

14 be used to finance laboratory directed research and devel15 opment activities at Department of Energy laboratories on 

16 behalf of other Federal agencies. 

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

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

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

20 retransfer, whether directly or indirectly, of nuclear mate21 rials and equipment or sensitive nuclear technology, in22 cluding items and assistance authorized by section 57 b. 

23 of the Atomic Energy Act of 1954 and regulated under 

24 part 810 of title 10, Code of Federal Regulations, and nu25 clear-related items on the Commerce Control List main-
36 

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1 tained under part 774 of title 15 of the Code of Federal 

2 Regulations, to any country whose government has been 

3 identified by the Secretary of State as engaged in state 

4 sponsorship of terrorist activities (specifically including 

5 any country the government of which has been determined 

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

7 Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), sec8 tion 6(j)(1) of the Export Administration Act of 1979 (50 

9 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Ex10 port Control Act (22 U.S.C. 2780(d)) to have repeatedly 

11 provided support for acts of international terrorism). 

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

13 transfers, or retransfers of radiation monitoring tech14 nologies, surveillance equipment, seals, cameras, tamper15 indication devices, nuclear detectors, monitoring systems, 

16 or equipment necessary to safely store, transport, or re17 move hazardous materials, whether such items, services, 

18 or information are regulated by the Department of En19 ergy, the Department of Commerce, or the Nuclear Regu20 latory Commission, except to the extent that such tech21 nologies, equipment, seals, cameras, devices, detectors, or 

22 systems are available for use in the design or construction 

23 of nuclear reactors or nuclear weapons. 

24 (c) The President may waive the application of sub25 section (a) to a country if the President determines and 
37 

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

2 increased risk that the country receiving the waiver will 

3 acquire nuclear weapons, nuclear reactors, or any mate4 rials or components of nuclear weapons and— 

5 (1) the government of such country has not 

6 within the preceding 12-month period willfully aided 

7 or abetted the international proliferation of nuclear 

8 explosive devices to individuals or groups or willfully 

9 aided and abetted an individual or groups in acquir10 ing unsafeguarded nuclear materials; 

11 (2) in the judgment of the President, the gov12 ernment of such country has provided adequate, 

13 verifiable assurances that it will cease its support for 

14 acts of international terrorism; 

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

16 national security interest of the United States; or 

17 (4) such a waiver is essential to prevent or re18 spond to a serious radiological hazard in the country 

19 receiving the waiver that may or does threaten pub20 lic health and safety. 

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

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

23 enactment of this Act but have not yet been transferred 

24 as of that date. 
38 

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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs 

5 authorized by the Appalachian Regional Development Act 

6 of 1965, as amended, for necessary expenses for the Fed7 eral Co-Chairman and the alternate on the Appalachian 

8 Regional Commission, for payment of the Federal share 

9 of the administrative expenses of the Commission, includ10 ing services as authorized by 5 U.S.C. 3109 and hire of 

11 passenger motor vehicles, $38,500,000, to remain avail12 able until expended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For necessary expenses of the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized 

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

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

19 available until expended. 

20 DELTA REGIONAL AUTHORITY

21 SALARIES AND EXPENSES

22 For necessary expenses of the Delta Regional Au23 thority and to carry out its activities, as authorized by 

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

25 notwithstanding sections 382C(b)(2), 382F(d), and 
39 

HR 4614 RH 

1 382M(b) of said Act, $2,096,000, to remain available 

2 until expended. 

3 NUCLEAR REGULATORY COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Commission in car6 rying out the purposes of the Energy Reorganization Act 

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

8 1954, as amended, including official representation ex9 penses (not to exceed $15,000), and purchase of pro10 motional items for use in the recruitment of individuals 

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

12 expended: Provided, That of the amount appropriated 

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

14 Waste Fund: Provided further, That revenues from licens15 ing fees, inspection services, and other services and col16 lections estimated at $534,354,300 in fiscal year 2005 

17 shall be retained and used for necessary salaries and ex18 penses in this account, notwithstanding 31 U.S.C. 3302, 

19 and shall remain available until expended: Provided fur20 ther, That the sum herein appropriated shall be reduced 

21 by the amount of revenues received during fiscal year 

22 2005 so as to result in a final fiscal year 2005 appropria23 tion estimated at not more than $128,422,700: Provided 

24 further, that none of the funds made available in this Act 

25 or any other appropriations Act for fiscal year 2005, or 
40 

HR 4614 RH 

1 for any previous fiscal year, may be used by the Commis2 sion to issue a license during fiscal year 2005 to con3 struct or operate a new commercial nuclear power plant 

4 in the United States. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

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

9 available until expended: Provided, That revenues from li10 censing fees, inspection services, and other services and 

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

12 shall be retained and be available until expended, for nec13 essary salaries and expenses in this account, notwith14 standing 31 U.S.C. 3302: Provided further, That the sum 

15 herein appropriated shall be reduced by the amount of 

16 revenues received during fiscal year 2005 so as to result 

17 in a final fiscal year 2005 appropriation estimated at not 

18 more than $751,800. 

19 NUCLEAR WASTE TECHNICAL REVIEW BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses of the Nuclear Waste Tech22 nical Review Board, as authorized by Public Law 100– 

23 203, section 5051, $3,177,000, to be derived from the 

24 Nuclear Waste Fund, and to remain available until ex25 pended. 
41 

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1 TITLE V 

2 GENERAL PROVISIONS 

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

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

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

9 SEC. 502. (a) PURCHASE OF AMERICAN-MADE

10 EQUIPMENT AND PRODUCTS.—It is the sense of the Con11 gress that, to the greatest extent practicable, all equip12 ment and products purchased with funds made available 

13 in this Act should be American-made. 

14 (b) NOTICE REQUIREMENT.—In providing financial 

15 assistance to, or entering into any contract with, any enti16 ty using funds made available in this Act, the head of each 

17 Federal agency, to the greatest extent practicable, shall 

18 provide to such entity a notice describing the statement 

19 made in subsection (a) by the Congress. 

20 (c) PROHIBITION OF CONTRACTS WITH PERSONS

21 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.— 

22 If it has been finally determined by a court or Federal 

23 agency that any person intentionally affixed a label bear24 ing a ‘‘Made in America’’ inscription, or any inscription 

25 with the same meaning, to any product sold in or shipped 
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1 to the United States that is not made in the United 

2 States, the person shall be ineligible to receive any con3 tract or subcontract made with funds made available in 

4 this Act, pursuant to the debarment, suspension, and ineli5 gibility procedures described in sections 9.400 through 

6 9.409 of title 48, Code of Federal Regulations. 

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

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except 

10 pursuant to a transfer made by, or transfer authority pro11 vided in, this Act or any other appropriation Act. 

12 This Act may be cited as the ‘‘Energy and Water De13 velopment Appropriations Act, 2005’’. 

Union Calendar No. 322 

108TH CONGRESS 

2D SESSION H. R. 4614 

[Report No. 108–554] 

A BILL 

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

JUNE 18, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed