lished pursuant to this title. Balances so transferred may 
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund 
for the same time period as originally enacted. 
SEC. 306. None of the funds in this or any other Act 
for the Administrator of the Bonneville Power Administra-
tion may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bon-
neville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies in ad-
vance that such services are not available from private sec-
tor businesses. 
SEC. 307. When the Department of Energy makes 
a user facility available to universities or other potential 
users, or seeks input from universities or other potential 
users regarding significant characteristics or equipment in 
a user facility or a proposed user facility, the Department 
shall ensure broad public notice of such availability or 
such need for input to universities and other potential 
users. When the Department of Energy considers the par-
ticipation of a university or other potential user as a for-
mal partner in the establishment or operation of a user 
facility, the Department shall employ full and open com-
petition in selecting such a partner. For purposes of this
section, the term ‘‘user facility’’ includes, but is not lim-
ited to: (1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 308. The Administrator of the National Nuclear 
Security Administration may authorize the manager of a 
covered nuclear weapons research, development, testing or 
production facility to engage in research, development, 
and demonstration activities with respect to the engineer-
ing and manufacturing capabilities at such facility in 
order to maintain and enhance such capabilities at such 
facility: Provided, That of the amount allocated to a cov-
ered nuclear weapons facility each fiscal year from 
amounts available to the Department of Energy for such 
fiscal year for national security programs, not more than 
an amount equal to 2 percent of such amount may be used 
for these activities: Provided further, That for purposes of 
this section, the term ‘‘covered nuclear weapons facility’’ 
means the following: 
(1) the Kansas City Plant, Kansas City, Mis-
souri; 
(2) the Y–12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; 
(4) the Savannah River Plant, South Carolina; 
and 
(5) the Nevada Test Site. 
SEC. 309. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) dur-
ing fiscal year 2006 until the enactment of the Intelligence 
Authorization Act for fiscal year 2006. 
SEC. 310. None of the funds made available in this 
Act may be used to select a site for the Modern Pit Facil-
ity during fiscal year 2006. 
SEC. 311. None of the funds made available in title 
III of this Act shall be for the Department of Energy na-
tional laboratories and production plants for Laboratory 
Directed Research and Development (LDRD), Plant Di-
rected Research and Development (PDRD), and Site Di-
rected Research and Development (SDRD) activities in 
excess of $250,000,000. 
SEC. 312. None of the funds made available in title 
III of this Act shall be for Department of Energy Labora-
tory Directed Research and Development (LDRD), Plant 
Directed Research and Development (PDRD), and Site
Directed Research and Development (SDRD) activities for 
project costs incurred as Indirect Costs by Major Facility 
Operating Contractors. 
SEC. 313. None of the funds made available in title 
III of this Act may be used to finance laboratory directed 
research and development activities at Department of En-
ergy laboratories on behalf of other Federal agencies. 
SEC. 314. None of the funds made available to the 
Department of Energy under this Act shall be used to im-
plement or finance authorized price support or loan guar-
antee programs unless specific provision is made for such 
programs in an appropriations Act. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, as amended, for necessary expenses for the Federal 
Co-Chairman and the alternate on the Appalachian Re-
gional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including 
services as authorized by 5 U.S.C. 3109, and hire of pas-
senger motor vehicles, $38,500,000, to remain available 
until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by the Atomic Energy Act of 1954, as amended by Public 
Law 100–456, section 1441, $22,032,000, to remain 
available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), and 382M(b) 
of said Act, $6,000,000, to remain available until ex-
pended. 
DENALI COMMISSION 
For expenses of the Denali Commission, $2,562,000, 
to remain available until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act 
of 1974, as amended, and the Atomic Energy Act of 1954, 
as amended, including official representation expenses 
(not to exceed $15,000), and purchase of promotional
items for use in the recruitment of individuals for employ-
ment, $714,376,000, to remain available until expended: 
Provided, That of the amount appropriated herein, 
$66,717,000 shall be derived from the Nuclear Waste 
Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections esti-
mated at $580,643,000 in fiscal year 2006 shall be re-
tained and used for necessary salaries and expenses in this 
account, notwithstanding 31 U.S.C. 3302, and shall re-
main available until expended: Provided further, That the 
sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2006 so as to result 
in a final fiscal year 2006 appropriation estimated at not 
more than $133,732,600: Provided further, That section 
6101 of the Omnibus Budget Reconciliation Act of 1990 
is amended by inserting before the period in subsection 
(c)(2)(B)(v) the words ‘‘and fiscal year 2006’’. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $8,316,000, to remain 
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and 
collections estimated at $7,485,000 in fiscal year 2006 
shall be retained and be available until expended, for nec-
essary salaries and expenses in this account, notwith-
standing 31 U.S.C. 3302: Provided further, That the sum 
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2006 so as to result in 
a final fiscal year 2006 appropriation estimated at not 
more than $831,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $3,608,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
TITLE V 
GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 502. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in this Act or any other appropriation Act.
SEC. 503. None of the funds made available by this 
Act shall be used by the Nuclear Regulatory Commission 
to contract with or reimburse any Nuclear Regulatory 
Commission licensee or the Nuclear Energy Institute with 
respect to matters relating to the security of production 
facilities or utilization facilities (within the meaning of the 
Atomic Energy Act of 1954). 
SEC. 504. None of the funds made available by this 
Act may be used before March 1, 2006, to enter into an 
agreement obligating the United States to contribute 
funds to ITER, the international burning plasma fusion 
research project in which the President announced United 
States participation on January 30, 2003. 
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2006’’.
Passed the House of Representatives May 24, 2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 2419
AN ACT 
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30, 
2006, and for other purposes.