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ber 1, 2004, and the Secretary shall ensure that any such 
agreement or agreements include provisions setting forth: 
(1) the responsibilities of the parties to the agreement for 
design and construction; (2) the locations of the remaining 
wells, discharge pipelines, and power transmission lines; 
(3) the remaining design capacity of up to 5,000 acre-feet 
per year which is the authorized capacity less the design 
capacity of the first stage constructed; (4) the procedures 
and requirements for approval and acceptance by the Sec-
retary of the remaining stages, including approval of the 
quality of construction, measures to protect the public 
health and safety, and procedures for protection of such 
stages; (5) the rights, responsibilities, and liabilities of 
each party to the agreement; and (6) the term of the 
agreement.’’. 
(b) Section 2(b) of the Lower Colorado Water Supply 
Act (Public Law 99–655) is amended by adding at the 
end the following: ‘‘Subject to the demand of such users 
along or adjacent to the Colorado River for Project water, 
the Secretary is further authorized to contract with addi-
tional persons or entities who hold Boulder Canyon 
Project Act section 5 contracts for municipal and indus-
trial uses within the State of California for the use or ben-
efit of Project water under such terms as the Secretary
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determines will benefit the interest of Project users along 
the Colorado River.’’. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY AND CONSERVATION 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
supply and energy conservation activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$1,762,888,000 (increased by $1,000,000), to remain 
available until expended. 
CLEAN COAL TECHNOLOGY 
(DEFERRAL) 
Of the funds made available under this heading for 
obligation in prior years, $257,000,000 shall not be avail-
able until October 1, 2006: Provided, That funds made 
available in previous appropriations Acts shall be made 
available for any ongoing project regardless of the sepa-
rate request for proposal under which the project was se-
lected.
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FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
For necessary expenses in carrying out fossil energy 
research and development activities, under the authority 
of the Department of Energy Organization Act (Public 
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property 
or any facility or for plant or facility acquisition or expan-
sion, the hire of passenger motor vehicles, the hire, main-
tenance, and operation of aircraft, the purchase, repair, 
and cleaning of uniforms, the reimbursement to the Gen-
eral Services Administration for security guard services, 
and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, 
and disposal of mineral substances without objectionable 
social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $502,467,000, to remain available until expended, 
of which $18,000,000 is to continue a multi-year project 
coordinated with the private sector for FutureGen, with-
out regard to the terms and conditions applicable to clean 
coal technological projects: Provided, That the initial plan-
ning and research stages of the FutureGen project shall 
include a matching requirement from non-Federal sources 
of at least 20 percent of the costs: Provided further, That 
any demonstration component of such project shall require 
a matching requirement from non-Federal sources of at
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least 50 percent of the costs of the component: Provided 
further, That of the amounts provided, $50,000,000 is 
available, after coordination with the private sector, for 
a request for proposals for a Clean Coal Power Initiative 
providing for competitively-awarded research, develop-
ment, and demonstration projects to reduce the barriers 
to continued and expanded coal use: Provided further, 
That no project may be selected for which sufficient fund-
ing is not available to provide for the total project: Pro-
vided further, That funds shall be expended in accordance 
with the provisions governing the use of funds contained 
under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 
5903d as well as those contained under the heading 
‘‘Clean Coal Technology’’ in prior appropriations: Pro-
vided further, That the Department may include provisions 
for repayment of Government contributions to individual 
projects in an amount up to the Government contribution 
to the project on terms and conditions that are acceptable 
to the Department including repayments from sale and li-
censing of technologies from both domestic and foreign 
transactions: Provided further, That such repayments shall 
be retained by the Department for future coal-related re-
search, development and demonstration projects: Provided 
further, That any technology selected under this program 
shall be considered a Clean Coal Technology, and any
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project selected under this program shall be considered a 
Clean Coal Technology Project, for the purposes of 42 
U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 
of the Code of Federal Regulations: Provided further, That 
no part of the sum herein made available shall be used 
for the field testing of nuclear explosives in the recovery 
of oil and gas: Provided further, That up to 4 percent of 
program direction funds available to the National Energy 
Technology Laboratory may be used to support Depart-
ment of Energy activities not included in this account: 
Provided further, That the Secretary of Energy is author-
ized to accept fees and contributions from public and pri-
vate sources, to be deposited in a contributed funds ac-
count, and prosecute projects using such fees and con-
tributions in cooperation with other Federal, State, or pri-
vate agencies or concerns: Provided further, That revenues 
and other moneys received by or for the account of the 
Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department 
appropriated under the Fossil Energy Research and De-
velopment account may be retained by the Secretary of 
Energy, to be available until expended, and used only for 
plant construction, operation, costs, and payments to cost- 
sharing entities as provided in appropriate cost-sharing 
contracts or agreements.
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NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, including the hire of pas-
senger motor vehicles, $18,500,000, to remain available 
until expended: Provided, That, notwithstanding any other 
provision of law, unobligated funds remaining from prior 
years shall be available for all naval petroleum and oil 
shale reserve activities. 
ELK HILLS SCHOOL LANDS FUND 
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by 
the United States and the State of California on October 
11, 1996, as authorized by section 3415 of Public Law 
104–106, $48,000,000, for payment to the State of Cali-
fornia for the State Teachers’ Retirement Fund, of which 
$46,000,000 will be derived from the Elk Hills School 
Lands Fund. 
STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program 
management activities pursuant to the Energy Policy and 
Conservation Act of 1975, as amended (42 U.S.C. 6201 
et seq.), including the hire of passenger motor vehicles, 
the hire, maintenance, and operation of aircraft, the pur-
chase, repair, and cleaning of uniforms, the reimburse-
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ment to the General Services Administration for security 
guard services, $166,000,000, to remain available until ex-
pended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $86,426,000, 
to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental cleanup activities in carrying out the 
purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, and the 
purchase of not to exceed six passenger motor vehicles, 
of which five shall be for replacement only, $319,934,000, 
to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the 
Atomic Energy Act of 1954, as amended, and title X, sub-
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title A, of the Energy Policy Act of 1992, $591,498,000, 
to be derived from the Fund, to remain available until ex-
pended, of which $20,000,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act 
of 1992. 
SCIENCE 
For Department of Energy expenses including the 
purchase, construction and acquisition of plant and capital 
equipment, and other expenses necessary for science ac-
tivities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed forty- 
seven passenger motor vehicles for replacement only, in-
cluding not to exceed one ambulance and two buses, 
$3,666,055,000, to remain available until expended. 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982, Public 
Law 97–425, as amended (the ‘‘Act’’), including the ac-
quisition of real property or facility construction or expan-
sion, $310,000,000, to remain available until expended 
and to be derived from the Nuclear Waste Fund: Provided, 
That of the funds made available in this Act for Nuclear
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Waste Disposal, $3,500,000 shall be provided to the State 
of Nevada solely for expenditures, other than salaries and 
expenses of State employees, to conduct scientific over-
sight responsibilities and participate in licensing activities 
pursuant to the Act: Provided further, That $7,000,000 
shall be provided to affected units of local governments, 
as defined in the Act, to conduct appropriate activities and 
participate in licensing activities: Provided further, That 
the distribution of the funds as determined by the units 
of local government shall be approved by the Department 
of Energy: Provided further, That the funds for the State 
of Nevada shall be made available solely to the Nevada 
Division of Emergency Management by direct payment 
and units of local government by direct payment: Provided 
further, That within 90 days of the completion of each 
Federal fiscal year, the Nevada Division of Emergency 
Management and the Governor of the State of Nevada and 
each local entity shall provide certification to the Depart-
ment of Energy that all funds expended from such pay-
ments have been expended for activities authorized by the 
Act and this Act: Provided further, That failure to provide 
such certification shall cause such entity to be prohibited 
from any further funding provided for similar activities: 
Provided further, That none of the funds herein appro-
priated may be: (1) used directly or indirectly to influence
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legislative action on any matter pending before Congress 
or a State legislature or for lobbying activity as provided 
in 18 U.S.C. 1913; (2) used for litigation expenses; or (3) 
used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions con-
tained in this Act: Provided further, That all proceeds and 
recoveries realized by the Secretary in carrying out activi-
ties authorized by the Act, including but not limited to, 
any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available 
until expended. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation expenses not to exceed $35,000, $253,909,000 
(reduced by $1,000,000), to remain available until ex-
pended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Defi-
ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 
increases in cost of work are offset by revenue increases
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of the same or greater amount, to remain available until 
expended: Provided further, That moneys received by the 
Department for miscellaneous revenues estimated to total 
$123,000,000 in fiscal year 2006 may be retained and 
used for operating expenses within this account, and may 
remain available until expended, as authorized by section 
201 of Public Law 95–238, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscella-
neous revenues received during fiscal year 2006, and any 
related unappropriated receipt account balances remaining 
from prior years’ miscellaneous revenues, so as to result 
in a final fiscal year 2006 appropriation from the general 
fund estimated at not more than $130,909,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $43,000,000, to remain 
available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
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ital equipment and other incidental expenses necessary for 
atomic energy defense weapons activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; 
and the purchase of not to exceed 40 passenger motor ve-
hicles, for replacement only, including not to exceed two 
buses; $6,181,121,000, to remain available until ex-
pended. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense, defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, $1,500,959,000, to remain avail-
able until expended. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
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ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment,
facilities,
and
facility
expansion, 
$799,500,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
not to exceed $12,000, $366,869,000, to remain available 
until expended. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, $6,468,336,000, to remain available until expended. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
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ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
ten passenger motor vehicles for replacement only, includ-
ing not to exceed two buses; $702,498,000, to remain 
available until expended. 
DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of Public Law 97–425, as amended, including 
the acquisition of real property or facility construction or 
expansion, $351,447,000, to remain available until ex-
pended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for official reception and representation ex-
penses in an amount not to exceed $1,500. During fiscal 
year 2006, no new direct loan obligations may be made.
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OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of electric power and 
energy, including transmission wheeling and ancillary 
services pursuant to section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), as applied to the southeastern 
power area, $5,600,000, to remain available until ex-
pended: Provided, That, notwithstanding 31 U.S.C. 3302, 
up to $32,713,000 collected by the Southeastern Power 
Administration pursuant to the Flood Control Act of 1944 
to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making 
purchase power and wheeling expenditures. 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the south-
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western power administration, $31,401,000, to remain 
available until expended: Provided, That, notwithstanding 
31 U.S.C. 3302, up to $1,235,000 collected by the South-
western Power Administration pursuant to the Flood Con-
trol Act to recover purchase power and wheeling expenses 
shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose 
of making purchase power and wheeling expenditures. 
CONSTRUCTION,
REHABILITATION,
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500; $226,992,000, 
to remain available until expended, of which $222,830,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $6,000,000 shall be available until expended 
on a nonreimbursable basis to the Western Area Power 
Administration
for
Topock-Davis-Mead
Transmission 
Line Upgrades: Provided further, That notwithstanding 
the provision of 31 U.S.C. 3302, up to $148,500,000 col-
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lected by the Western Area Power Administration pursu-
ant to the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheel-
ing expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures. 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,692,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
the hire of passenger motor vehicles, and official reception 
and
representation
expenses
not
to
exceed
$3,000, 
$220,400,000, to remain available until expended: Pro-
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vided, That notwithstanding any other provision of law, 
not to exceed $220,400,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2006 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received during fiscal year 2006 so as to result in a 
final fiscal year 2006 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS 
DEPARTMENT OF ENERGY 
SEC. 301. (a)(1) None of the funds in this or any 
other appropriations Act for fiscal year 2006 or any pre-
vious fiscal year may be used to make payments for a non-
competitive management and operating contract unless 
the Secretary of Energy has published in the Federal Reg-
ister and submitted to the Committees on Appropriations 
of the House of Representatives and the Senate a written 
notification, with respect to each such contract, of the Sec-
retary’s decision to use competitive procedures for the 
award of the contract, or to not renew the contract, when 
the term of the contract expires. 
(2) Paragraph (1) does not apply to an extension for 
up to 2 years of a noncompetitive management and oper-
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ating contract, if the extension is for purposes of allowing 
time to award competitively a new contract, to provide 
continuity of service between contracts, or to complete a 
contract that will not be renewed. 
(b) In this section: 
(1) The term ‘‘noncompetitive management and 
operating contract’’ means a contract that was 
awarded more than 50 years ago without competi-
tion for the management and operation of Ames 
Laboratory, Argonne National Laboratory, Lawrence 
Berkeley National Laboratory, Lawrence Livermore 
National Laboratory, and Los Alamos National Lab-
oratory. 
(2) The term ‘‘competitive procedures’’ has the 
meaning provided in section 4 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403) and 
includes procedures described in section 303 of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253) other than a procedure that 
solicits a proposal from only one source. 
(c) For all management and operating contracts 
other than those listed in subsection (b)(1), none of the 
funds appropriated by this Act may be used to award a 
management and operating contract, or award a signifi-
cant extension or expansion to an existing management
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and operating contract, unless such contract is awarded 
using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such 
a deviation. The Secretary may not delegate the authority 
to grant such a waiver. At least 60 days before a contract 
award for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Committees on 
Appropriations of the House of Representatives and the 
Senate a report notifying the Committees of the waiver 
and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition 
should be waived for this particular award. 
SEC. 302. None of the funds appropriated by this Act 
may be used to— 
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy; or 
(2) provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy, under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 
102–484; 42 U.S.C. 7274h). 
SEC. 303. None of the funds appropriated by this Act 
may be used to augment the funds made available for obli-
gation by this Act for severance payments and other bene-
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fits and community assistance grants under section 3161 
of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102–484; 42 U.S.C. 7274h) unless the 
Department of Energy submits a reprogramming request 
to the appropriate congressional committees. 
SEC. 304. None of the funds appropriated by this Act 
may be used to prepare or initiate Requests For Proposals 
(RFPs) for a program if the program has not been funded 
by Congress. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 305. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may 
be merged with funds in the applicable established 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.
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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
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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.
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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-
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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