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ital equipment and other expenses, necessary for atomic en-
ergy defense, other defense activities, and classified activi-
ties, in carrying out the purposes of the Department of En-
ergy 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, construc-
tion, or expansion, and the purchase of not to exceed ten 
passenger motor vehicles for replacement only, including 
not to exceed two buses; $645,001,000, 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 ex-
pansion, $277,000,000, to remain available until expended. 
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 expenses 
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 expended: Pro-
vided, That, notwithstanding 31 U.S.C. 3302, up to 
$32,713,000 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
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power administration, $30,166,000, to remain available 
until expended: Provided, That, notwithstanding 31 U.S.C. 
3302, up to $3,000,000 collected by the Southwestern Power 
Administration pursuant to the Flood Control Act to re-
cover 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. 
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; $240,757,000, to remain available 
until expended, of which $236,596,000 shall be derived from 
the Department of the Interior Reclamation Fund: Pro-
vided, That notwithstanding the provision of 31 U.S.C. 
3302, up to $279,000,000 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 credited to 
this account as offsetting collections, to remain available
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until expended for the sole purpose of making purchase 
power and wheeling expenditures. 
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 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, 
$220,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not 
to exceed $220,400,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 
2006 shall be retained and used for necessary expenses in 
this account, and shall remain available until expended:
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Provided further, That the sum herein appropriated 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. 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. 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.
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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 
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
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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 
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
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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 
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
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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 
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
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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 
(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
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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 
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.
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(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 
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.
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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 
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
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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 
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.
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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. 
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.
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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 
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
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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 
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
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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 
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-
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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 
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’’.
Passed the House of Representatives May 24, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate July 1 (legislative day, June 30), 
2005. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.