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(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 En-
ergy, under section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law
102–484; 42 U.S.C. 7274h).
SEC. 302. 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 benefits
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 Depart-
ment of Energy submits a reprogramming request to the
appropriate congressional committees.
SEC. 303. 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. 304. 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 accounts
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and thereafter may be accounted for as one fund for the
same time period as originally enacted.
SEC. 305. 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 Bonne-
ville service territory, with the exception of services provided
internationally, including services provided on a reimburs-
able basis, unless the Administrator certifies in advance
that such services are not available from private sector busi-
nesses.
SEC. 306. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2006 or any previous fis-
cal year may be used to make payments for a noncompeti-
tive management and operating contract unless the Sec-
retary of Energy has published in the Federal Register and
submitted to the Committees on Appropriations of the
House of Representatives and the Senate a written notifica-
tion, with respect to each such contract, of the Secretary’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-
ating contract, if the extension is for purposes of allowing
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time to award competitively a new contract, to provide con-
tinuity of service between contracts, or to complete a con-
tract 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 competition
for the management and operation of Ames Labora-
tory, Argonne National Laboratory, Lawrence Berke-
ley National Laboratory, Lawrence Livermore Na-
tional Laboratory, and Los Alamos National Labora-
tory.
(2) The term ‘‘competitive procedures’’ has the
meaning provided in section 4 of the Office of Federal
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 ap-
propriated by this Act may be used to award a management
and operating contract, or award a significant extension
or expansion to an existing management and operating
contract, unless such contract is awarded using competitive
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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 speci-
ficity, the substantive reasons why the Secretary believes the
requirement for competition should be waived for this par-
ticular award.
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 participation
of a university or other potential user as a formal partner
in the establishment or operation of a user facility, the De-
partment shall employ full and open competition in select-
ing such a partner. For purposes of this section, the term
‘‘user facility’’ includes, but is not limited to: (1) a user
facility as described in section 2203(a)(2) of the Energy
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Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/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 engineering 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 covered nuclear
weapons facility each fiscal year from amounts available
to the Department of Energy for such fiscal year for na-
tional security programs, not more than an amount equal
to 4 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
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(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 au-
thorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2006 until the enactment of the Intelligence Authoriza-
tion Act for fiscal year 2006.
SEC. 310. None of the funds in this Act may be used
to dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess
of 20 percent by weight for the aggregate of any material
category on the date of enactment of this Act, or is generated
after such date. For the purpose of this section, the material
categories of transuranic waste at the Rocky Flats Environ-
mental Technology Site include: (1) ash residues; (2) salt
residue; (3) wet residues; (4) direct repackage residues; and
(5) scrub alloy as referenced in the ‘‘Final Environmental
Impact Statement on Management of Certain Plutonium
Residues and Scrub Alloy Stored at the Rocky Flats Envi-
ronmental Technology Site’’.
SEC. 311. ADVANCED SIMULATION COMPUTING. None
of the funds appropriated by this Act for the National Nu-
clear Security Administration (NNSA) Advanced Simula-
tion and Computing program may be used to fund any
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project that does not directly support the stockpile steward-
ship mission of NNSA unless the NNSA Administrator de-
termines that all Advanced Simulation and Computing
stockpile stewardship responsibilities for fiscal year 2006
have been satisfied.
SEC. 312. RENO HYDROGEN FUEL PROJECT FUNDING.
(a) The non-Federal share of project costs shall be 20 per-
cent.
(b) The cost of project vehicles, related facilities, and
other activities funded from the Federal Transit Adminis-
tration Sections 5307, 5308, 5309, and 5314 program, in-
cluding the non-Federal share for the FTA funds, is an eli-
gible component of the non-Federal share for this project.
(c) Contribution of the non-Federal share of project
costs for all grants made for this project may be deferred
until the entire project is completed.
(d) All operations and maintenance costs associated
with vehicles, equipment, and facilities utilized for this
project are eligible project costs.
(e) This section applies to project appropriations be-
ginning in fiscal year 2004.
SEC. 313. LABORATORY DIRECTED RESEARCH AND
DEVELOPMENT. Of the funds made available by the Depart-
ment of Energy for activities at government-owned, con-
tractor-operator operated laboratories funded in this Act or
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subsequent Energy and Water Development Appropriations
Acts, the Secretary may authorize a specific amount, not
to exceed 8 percent of such funds, to be used by such labora-
tories for laboratory-directed research and development:
Provided, That the Secretary may also authorize a specific
amount not to exceed 4 percent of such funds, to be used
by the plant manager of a covered nuclear weapons produc-
tion plant or the manager of the Nevada Site Office for
plant or site-directed research and development.
SEC. 314. LDRD ELIGIBILITY. Funds made available
in Title III of this Act shall be available to pay expenses
for all Lab Directed Research and Development (LDRD),
Plant Directed Research and Development (PDRD) and
Site Directed Research and Development (SDRD) project
costs incurred by DOE Major Facility Operating Contrac-
tors.
SEC. 315. LDRD COSTS. Funds made available in
Title III of this Act shall be available to finance all direct
and indirect costs of research performed on behalf of other
Federal agencies, including laboratory directed research
and development costs.
SEC. 316. NNSA COMPLEX REVIEW IMPLEMENTATION.
No funds provided in this Act shall be available to imple-
ment reforms identified in Secretary of Energy’s Advisory
Board NNSA Nuclear Weapons Complex Infrastructure
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Study that had not been requested within the fiscal year
2006 budget request.
SEC. 317. That the Committee directs the Government
Accountability Office to undertake a study of the Office of
Science Fusion Energy program in order to define the roles
of the major domestic facilities, DIIID, Alcator C-Mod, and
NSTX in the support of the International Thermoelectric
Reactor program, including making recommendations that
may include the possible shutdown or consolidation of oper-
ations or focus of these facilities to maximize their value
to the International Thermoelectric Reactor program: Pro-
vided, That given the major international commitment to
International Thermoelectric Reactor and the tokamak con-
cept, the GAO shall consider any other magnetic fusion con-
finement system as a possible fusion demonstration facility
that will follow International Thermoelectric Reactor and
given the major National Nuclear Security Administration
investment in the physics of Inertial Confinement Fusion,
the GAO shall evaluate the opportunities for the Office of
Science to develop the appropriate science and technology
to leverage the National Nuclear Security Administration
investment as an alternative to the tokamak concept.
SEC. 318. Of amounts appropriated to the Secretary
of Energy for the Rocky Flats Environmental Technology
Site for fiscal year 2006, the Secretary may provide no
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more than $10,000,000 for the purchase of mineral rights
at the Rocky Flats Environmental Technology Site.
SEC. 319. Of amounts appropriated to the Secretary
of Energy for the Rocky Flats Environmental Technology
Site for fiscal year 2006, the Secretary may provide not
more than $15,000,000 to provide regular and early retire-
ment benefits to workers at the Rocky Flats Environmental
Technology Site.
SEC. 320. Notwithstanding Department of Energy
order 413.2A, dated January 8, 2001, beginning in fiscal
year 2006 and thereafter, the Savannah River National
Laboratory may be eligible for laboratory directed research
and development funding.
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 serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $65,482,000, to remain available until ex-
pended.
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facili-
ties 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 Authority
and to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwith-
standing sections 382C(b)(2), 382F(d), and 382M(b) of said
Act, $12,000,000, to remain available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $67,000,000
nothwithstanding the limitations contained in section
306(g) of the Denali Commission Act of 1998, $2,562,000,
to remain available until expended: Provided, That of the
amounts provided to the Denali Commission, $5,000,000 is
for community showers and washeteria in villages with
homes with no running water; $13,000,000 is for the Ju-
neau/Green’s Creek/Hoonah Intertie project; $3,000,000 for
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the Fire Island Transmission line; $1,000,000 for the
Humpback Creek Hydroelectric project; $2,000,000 for the
Falls Creek Hydroelectric project; $5,000,000 is for multi-
purpose community facilities including the Bering Straits
Region, Dillingham, Moose Pass, Sterling, Funny River,
Eclutna, and Anchor Point; $10,000,000 is for teacher hous-
ing in remote villages such as Savoogna, Allakakaet,
Hughes, Huslia, Minto, Nulato, and Ruby where there is
limited housing available for teachers; $7,000,000 is for fa-
cilities serving Native elders and senior citizens; and
$5,000,000 is for: (1) the Rural Communications service to
provide broadcast facilities in communities with no tele-
vision or radio station; (2) the Public Broadcasting Digital
Distribution Network to link rural broadcasting facilities
together to improve economies of scale, share programming,
and reduce operating costs; and (3) rural public broad-
casting facilities and equipment upgrades.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying
out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amend-
ed, including official representation expenses (not to exceed
$15,000), purchase of promotional items for use in the re-
cruitment of individuals for employment, $734,376,000, to
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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 reve-
nues from licensing fees, inspection services, and other serv-
ices and collections estimated at $598,643,000 in fiscal year
2006 shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, 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 esti-
mated at not more than $135,733,000: 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 Gen-
eral 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 licensing fees,
inspection services, and other services and collections esti-
mated at $7,485,000 in fiscal year 2006 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal
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year 2006 so as to result in a final fiscal year 2006 appro-
priation estimated at not more than $831,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,608,000, to be derived from the Nuclear Waste
Fund, and to remain available until expended.
TITLE V—GENERAL PROVISION
SEC. 501. 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 pur-
suant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
SEC. 502. None of the funds made available by this
or a prior Act shall be used to award a fully-funded con-
tinuing contract, in a case in which continuing contract
authority is applicable, unless the Chief of Engineers cer-
tifies that—
(1) the contract can be awarded and completed
in the same fiscal year;
(2) the contract can be completed shortly after
the end of the fiscal year in which the contract was
awarded, but only if the amount necessary to fully
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fund the contract is identified as surplus, or excess,
to the program needs of that fiscal year; or
(3) future funding for the project is uncertain.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2006’’.
Attest:
Secretary.