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users regarding significant characteristics or equipment 
in a user facility or a proposed user facility, the Depart-
ment 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 
competition 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 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 Nu-
clear Security Administration may authorize the manager 
of a covered nuclear weapons research, development, test-
ing or production facility to engage in research, develop-
ment, and demonstration activities with respect to the en-
gineering 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
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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 pur-
poses 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 2005 until the enactment of the Intelligence 
Authorization Act for fiscal year 2005. 
SEC. 310. None of the funds made available in this 
or any other appropriations Act for fiscal year 2005 or 
any previous fiscal year may be used to select a site for 
a Modern Pit Facility during fiscal year 2005.
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SEC. 311. None of the funds made available in this 
Act may be used to finance laboratory directed research 
and development activities at Department of Energy lab-
oratories on behalf of other Federal agencies. 
SEC. 312. (a) None of the funds made available by 
this Act may be used to issue any license, approval, or 
authorization for the export or reexport, or transfer, or 
retransfer, whether directly or indirectly, of nuclear mate-
rials and equipment or sensitive nuclear technology, in-
cluding items and assistance authorized by section 57 b. 
of the Atomic Energy Act of 1954 and regulated under 
part 810 of title 10, Code of Federal Regulations, and nu-
clear-related items on the Commerce Control List main-
tained under part 774 of title 15 of the Code of Federal 
Regulations, to any country whose government has been 
identified by the Secretary of State as engaged in state 
sponsorship of terrorist activities (specifically including 
any country the government of which has been determined 
by the Secretary of State under section 620A(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), sec-
tion 6(j)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Ex-
port Control Act (22 U.S.C. 2780(d)) to have repeatedly 
provided support for acts of international terrorism).
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(b) This section shall not apply to exports, reexports, 
transfers, or retransfers of radiation monitoring tech-
nologies, surveillance equipment, seals, cameras, tamper- 
indication devices, nuclear detectors, monitoring systems, 
or equipment necessary to safely store, transport, or re-
move hazardous materials, whether such items, services, 
or information are regulated by the Department of En-
ergy, the Department of Commerce, or the Nuclear Regu-
latory Commission, except to the extent that such tech-
nologies, equipment, seals, cameras, devices, detectors, or 
systems are available for use in the design or construction 
of nuclear reactors or nuclear weapons. 
(c) The President may waive the application of sub-
section (a) to a country if the President determines and 
certifies to Congress that the waiver will not result in any 
increased risk that the country receiving the waiver will 
acquire nuclear weapons, nuclear reactors, or any mate-
rials or components of nuclear weapons and— 
(1) the government of such country has not 
within the preceding 12-month period willfully aided 
or abetted the international proliferation of nuclear 
explosive devices to individuals or groups or willfully 
aided and abetted an individual or groups in acquir-
ing unsafeguarded nuclear materials;
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(2) in the judgment of the President, the gov-
ernment of such country has provided adequate, 
verifiable assurances that it will cease its support for 
acts of international terrorism; 
(3) the waiver of that subsection is in the vital 
national security interest of the United States; or 
(4) such a waiver is essential to prevent or re-
spond to a serious radiological hazard in the country 
receiving the waiver that may or does threaten pub-
lic health and safety. 
(d) This section shall apply with respect to exports 
that have been approved for transfer as of the date of the 
enactment of this Act but have not yet been transferred 
as of that date. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs 
authorized by the Appalachian Regional Development Act 
of 1965, as amended, for necessary expenses for the Fed-
eral Co-Chairman and the alternate on the Appalachian 
Regional Commission, for payment of the Federal share 
of the administrative expenses of the Commission, includ-
ing services as authorized by 5 U.S.C. 3109 and hire of
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passenger motor vehicles, $38,500,000, to remain avail-
able 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, $20,268,000, to remain 
available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Au-
thority and to carry out its activities, as authorized by 
the Delta Regional Authority Act of 2000, as amended, 
notwithstanding sections 382C(b)(2), 382F(d), and 
382M(b) of said Act, $2,096,000, 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 ex-
penses (not to exceed $15,000), and purchase of pro-
motional items for use in the recruitment of individuals
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for employment, $662,777,000, to remain available until 
expended: Provided, That of the amount appropriated 
herein, $69,050,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licens-
ing fees, inspection services, and other services and col-
lections estimated at $534,354,300 in fiscal year 2005 
shall be retained and used for necessary salaries and ex-
penses 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 
2005 so as to result in a final fiscal year 2005 appropria-
tion estimated at not more than $128,422,700. 
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, $7,518,000, to remain 
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and 
collections estimated at $6,766,200 in fiscal year 2005 
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 
revenues received during fiscal year 2005 so as to result
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in a final fiscal year 2005 appropriation estimated at not 
more than $751,800. 
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, $3,177,000, to be derived from the 
Nuclear Waste Fund, and to remain available until ex-
pended. 
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 in this 
Act may be used to deny requests for the public release 
of documents or evidence obtained through or in the West-
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ern Energy Markets: Enron Investigation (Docket No. 
PA02-2), the California Refund case (Docket No. EL00- 
95), the Anomalous Bidding Investigation (Docket No. 
IN03-10), or the Physical Withholding Investigation. 
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2005’’. 
Passed the House of Representatives June 25, 2004. 
Attest: 
GERASIMOS C. VANS, 
Deputy Clerk.