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nues are received during fiscal year 2004 so as to result 
in a final fiscal year 2004 appropriation from the General 
Fund estimated at not more than $0. 
GENERAL PROVISIONS 
DEPARTMENT OF ENERGY 
SEC. 301. (a) Notwithstanding any other provision 
of law, including section 303(c)(1) of title III of the Fed-
eral Property and Administrative Services Act of 1949 (41 
U.S.C. 253(c)(3)), none of the funds in this or any other 
appropriations Act for fiscal year 2004 or any previous 
fiscal year may be used to make payments for any man-
agement and operating contract of the Department of En-
ergy unless that contract was awarded using competitive 
procedures within the past fifty fiscal years or unless the 
Secretary of Energy, not later than sixty days after the 
date of enactment of this Act, publishes in the Federal 
Register and submits to the Committees on Appropria-
tions of the House of Representatives and the Senate a 
notification of intent to use competitive procedures for the 
procurement of each management and operating contract 
when the current term of each such contract expires. 
(b) The Secretary may not impose any conditions on 
the competition of a management and operating contract 
that is funded under this or any other appropriations Act 
that may have the effect of biasing the competition in
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favor of the incumbent contractor or otherwise providing 
for anything less than full and open competition of such 
contracts. 
(c) For purposes of this section, the term ‘‘manage-
ment and operating contract’’ means a contract for the 
management and operation of a Department of Energy 
laboratory, facility, site, or plant as used in subpart 
17.601 of the Federal Acquisition Regulation. 
(d) For purposes of this section, the terms ‘‘competi-
tive procedures’’ and ‘‘full and open competition’’ have the 
meanings provided in section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403). 
(e) The provisions of subsection (a) in this section 
apply to contracts awarded for a term of one year or more, 
not to interim extensions of less than one year used to 
extend contract performance until a long-term contract is 
placed or to provide continuity of service between con-
tracts. 
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
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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 $15,000,000 made available 
for obligation by this Act for severance payments and 
other benefits and community assistance grants under sec-
tion 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 re-
programming request subject to approval by the appro-
priate 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-
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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 and other potential 
users, or seeks input from universities and 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-
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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.
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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 2004 until the enactment of the Intelligence 
Authorization Act for fiscal year 2004. 
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, $33,145,000, 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