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area, $5,723,000, to remain available until expended: Pro-
vided, That, notwithstanding 31 U.S.C. 3302, up to 
$34,392,000 collected by the Southeastern Power Adminis-
tration 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 southwestern 
power administration, $31,539,000, to remain available 
until expended: Provided, That, notwithstanding 31 U.S.C. 
3302, up to $40,600,000 collected by the Southwestern 
Power Administration pursuant to the Flood Control Act 
to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain
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available until expended for the sole purpose of making pur-
chase power and wheeling expenditures. 
CONSTRUCTION, REHABILITATION, OPERATION AND 
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION 
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 conservation 
and renewable resources programs as authorized, including 
official reception and representation expenses in an amount 
not to exceed $1,500; $212,213,000, to remain available 
until expended, of which $208,776,000 shall be derived from 
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $6,892,000 
is for deposit into the Utah Reclamation Mitigation and 
Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 
U.S.C. 3302, up to $274,852,000 collected by the Western 
Area Power Administration pursuant to the Flood Control 
Act of 1944 and the Reclamation Project Act of 1939 to 
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase 
power and wheeling expenditures.
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FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,500,000, to remain available until expended, and 
to be derived from the Falcon and Amistad Operating and 
Maintenance Fund of the Western Area Power Administra-
tion, 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, 
$230,800,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not 
to exceed $230,800,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 
2007 shall be retained and used for necessary expenses in 
this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated from 
the general fund shall be reduced as revenues are received
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during fiscal year 2007 so as to result in a final fiscal year 
2007 appropriation from the general fund estimated at not 
more than $0. 
GENERAL PROVISIONS, DEPARTMENT OF 
ENERGY 
SEC. 301. CONTRACT COMPETITION. (a)(1) None of the 
funds in this or any other appropriations Act for fiscal year 
2007 or any previous fiscal year may be used to make pay-
ments for a noncompetitive management and operating 
contract unless the Secretary 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 notification, with respect to each such con-
tract, of the Secretary’s decision to use competitive proce-
dures 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 
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
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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 
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
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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. 302. WORKFORCE RESTRUCTURING. 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 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. 303. SECTION 3161 ASSISTANCE. None of the 
funds appropriated by this Act may be used to augment 
the funds made available for obligation by this Act for sever-
ance payments and other benefits and community assist-
ance grants under section 3161 of the National Defense Au-
thorization 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.
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SEC. 304. UNFUNDED REQUESTS FOR PROPOSALS. 
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. 
SEC. 305. UNEXPEND BALANCES. The unexpended bal-
ances of prior appropriations provided for activities in this 
Act may be available to the same appropriation accounts 
for such activities established pursuant to this title. Avail-
able balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for 
as one fund for the same time period as originally enacted. 
SEC. 306. BONNEVILLE POWER AUTHORITY SERVICE 
TERRITORY. None of the funds in this or any other Act for 
the Administrator of the Bonneville Power Administration 
may be used to enter into any agreement to perform energy 
efficiency services outside the legally defined Bonneville 
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. 307. USER FACILITIES. 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
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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 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 limited 
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 Administration Defense Pro-
grams Technology Deployment Center/User Facility; and 
(3) any other Departmental facility designated by the De-
partment as a user facility. 
SEC. 308. INTELLIGENCE ACTIVITIES. Funds appro-
priated 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 pur-
poses of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2007 until the enactment 
of the Intelligence Authorization Act for fiscal year 2007. 
SEC. 309. LABORATORY DIRECTED RESEARCH AND 
DEVELOPMENT. Of the funds made available by the Depart-
ment of Energy for activities at government-owned, con-
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tractor-operator operated laboratories funded in this Act or 
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: Provided 
further, That notwithstanding Department of Energy order 
413.2A, dated January 8, 2001, beginning in fiscal year 
2006 and thereafter, all DOE laboratories may be eligible 
for laboratory directed research and development funding. 
SEC. 310. For fiscal year 2007 and each year there-
after, for the cost of guaranteed loans as authorized by sec-
tion 1702(b)(2) of the Energy Policy Act of 2005, such sums 
as are hereafter derived from amounts received from bor-
rowers pursuant to section 1702(b)(2) of that Act, to remain 
available until expended: Provided, That the source of such 
payments received from borrowers is not a loan or other 
debt obligation that is guaranteed by the Federal Govern-
ment. In addition, for administrative expenses to carry out 
the guaranteed loan program, such sums as are hereafter 
derived from loan fees collected under section 1702(h) of the
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Energy Policy Act of 2006, which shall be transferred to 
and merged with the appropriation for ‘‘Departmental Ad-
ministration’’, to be used only for the costs of administering 
the loan guarantee program authorized under that Act, and 
to remain available until expended. 
SEC. 311. To the extent the Secretary of Energy deems 
necessary to implement research and development activities 
at a site to establish and evaluate the technical feasibility 
of advanced recycling technologies, the Secretary of Energy 
may take title to spent fuel from civilian nuclear power 
reactors and transport such spent fuel to and store it at 
the site; provided that the Secretary shall remove from the 
site such spent fuel or any high-level radioactive waste re-
sulting from processing the spent fuel not later than one 
year after the completion of the research and development 
activities. 
SEC. 312. For fiscal year 2007, except as otherwise 
provided by law in effect as of the date of this Act or unless 
a rate is specifically set by an Act of Congress thereafter, 
the Administrators of the Southeastern Power Administra-
tion, the Southwestern Power Administration, and the 
Western Area Power Administration, shall use the ‘‘yield’’ 
rate in computing interest during construction and interest 
on the unpaid balance of the costs of Federal power facili-
ties. The yield rate shall be defined as the average yield
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during the preceding fiscal year on interest-bearing market-
able securities of the United States which, at the time the 
computation is made, have terms of 15 years or more re-
maining to maturity. 
SEC. 313. CONSOLIDATION AND PREPARATION FACILI-
TIES. (a) DEFINITIONS.— 
(1) ACCEPT, ACCEPTANCE.—The terms ‘‘accept’’ 
and ‘‘acceptance’’ mean the Secretary’s act of taking 
possession of, and title to, spent nuclear fuel or high- 
level radioactive waste. 
(2) CIVILIAN NUCLEAR POWER REACTOR.—The 
term ‘‘civilian nuclear power reactor’’ shall have the 
same meaning as provided in the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10101 et seq.). 
(3) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Nuclear Regulatory Commission. 
(4) CONSOLIDATION
AND
PREPARATION
FACIL-
ITY.—The term ‘‘consolidation and preparation facil-
ity’’ means a facility designed and constructed for the 
receipt, handling, possession, safeguarding, and stor-
age of spent nuclear fuel and high-level radioactive 
waste in accordance with this section. 
(5) CONTRACTS.—The term ‘‘contracts’’ means 
the contracts executed under section 302(a) of the Nu-
clear Waste Policy Act of 1982, by the Secretary and
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any person who generates or holds title to spent nu-
clear fuel or high-level radioactive waste of domestic 
origin for acceptance of such waste or fuel by the Sec-
retary and the payment of fees to offset the Sec-
retary’s expenditures. 
(6) CONTRACT
HOLDERS.—The term ‘‘contract 
holders’’ means parties (other than the Secretary) to 
contracts. 
(7) DISPOSAL.—The term ‘‘disposal’’ shall have 
the same meaning as provided in the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10101 et seq.). 
(8) REPOSITORY.—The term ‘‘repository’’ shall 
have the same meaning as provided in the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.). 
(9) SECRETARY.—The term ‘‘Secretary’’ shall 
mean the Secretary of Energy. 
(10) STORAGE.—The term ‘‘storage’’ shall have 
the same meaning as provided in the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10101 et seq.). 
(b) ACCEPTANCE.— 
(1) ACCEPTANCE FOR SHUT DOWN REACTORS.— 
If a civilian nuclear power reactor has reached the 
end of its useful life or has been shut down perma-
nently for whatever reason, the Secretary, at the re-
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quest of the contract holder or the successor thereto, 
shall assume— 
(A) the title to the high-level nuclear waste 
and spent nuclear fuel remaining at the site of 
the shutdown facility; and 
(B) responsibility for the storage of the 
high-level radioactive waste and spent nuclear 
fuel at the site of the shutdown facility until 
such time as the high-level radioactive waste or 
spent nuclear fuel can be moved to another site 
for storage or disposal. 
(2) ACCEPTANCE FOR STORAGE AT CONSOLIDA-
TION AND PREPARATION FACILITIES.— 
(A) ACCEPTANCE.—The Secretary shall ac-
cept spent nuclear fuel and high-level radioactive 
waste at facilities designated by contract holders 
pursuant to the contracts, for storage at consoli-
dation and preparation facilities constructed 
pursuant to this section. 
(B) PRIORITY.—After receipt of a license to 
construct and operate an consolidation and 
preparation facility under this section, the Sec-
retary shall, to the greatest extent practicable, 
accept fuel eligible to be moved to that consolida-
tion and preparation facility based upon the Ac-