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energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
ten passenger motor vehicles for replacement only, 
$720,788,000, 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 
expansion, $388,080,000, to remain available until ex-
pended. 
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 ex-
penses in an amount not to exceed $1,500. During fiscal 
year 2007, no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of electric power and 
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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, $5,723,000, to remain available until ex-
pended: Provided, That, notwithstanding 31 U.S.C. 3302, 
up to $48,003,000 collected by the Southeastern Power 
Administration 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 south-
western power administration, $31,539,000, to remain 
available until expended: Provided, That, notwithstanding 
31 U.S.C. 3302, up to $13,600,000 collected by the 
Southwestern Power Administration pursuant to the 
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Flood Control Act to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting col-
lections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures. 
CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
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 con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses 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 Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $6,893,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That of the 
amount herein appropriated, $6,000,000 shall be available 
until expended on a nonreimbursable basis to the Western 
Area Power Administration for Topock-Davis-Mead 
Transmission Line Upgrades: Provided further, That of 
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the amount herin appropriated, $500,000 shall be avail-
able until expended on a nonreimbursable basis to the Dy-
namic Engineering Studies on the TOT–3 and Wyoming 
West Transmission projects: Provided further, That not-
withstanding the provision of 31 U.S.C. 3302, up to 
$472,593,000 collected by the Western Area Power Ad-
ministration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 to recover pur-
chase 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. 
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 Ad-
ministration, 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-
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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 an-
nual charges, and other services and collections in fiscal 
year 2007 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received 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 
payments 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 
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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 
continuity of service between contracts, or to complete a 
contract 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 competi-
tion for the management and operation of Ames 
Laboratory, Argonne National Laboratory, and Law-
rence Livermore National Laboratory. 
(2) The term ‘‘competitive procedures’’ has the 
meaning provided in section 4 of the Office of Fed-
eral 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 
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funds appropriated by this Act may be used to award a 
management and operating contract, or award a signifi-
cant 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 specificity, the substantive reasons 
why the Secretary believes the requirement for competition 
should be waived for this particular 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 
Energy, under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 
102–484; 42 U.S.C. 7274h). 
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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 sev-
erance payments and other benefits and community assist-
ance 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 Department of Energy 
submits a reprogramming request to the appropriate con-
gressional committees. 
SEC. 
304. 
UNFUNDED
REQUESTS
FOR
PRO-
POSALS.—None of the funds appropriated by this Act may 
be used to prepare or initiate Requests For Proposals 
(RFPs) or other solicitations for a program if the program 
has not been funded by Congress. 
SEC. 305. UNEXPENDED BALANCES.—The unex-
pended balances of prior appropriations provided for ac-
tivities in this Act may be available to the same appropria-
tion accounts for such activities established pursuant to 
this title. Available 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 ADMINISTRATION 
SERVICE TERRITORY.—None of the funds in this or any 
other Act for the Administrator of the Bonneville Power 
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Administration may be used to enter into any agreement 
to perform energy efficiency services outside the legally de-
fined Bonneville service territory, with the exception of 
services provided internationally, including services pro-
vided on a reimbursable basis, unless the Administrator 
certifies in advance that such services are not available 
from private sector businesses. 
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 characteris-
tics or equipment in a user facility or a proposed user fa-
cility, 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 poten-
tial user as a formal partner in the establishment or oper-
ation of a user facility, the Department shall employ full 
and open competition in selecting such a partner. For pur-
poses 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-
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ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 308. INTELLIGENCE ACTIVITIES.—Funds ap-
propriated 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) 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 De-
partment of Energy for activities at government-owned, 
contractor-operator operated laboratories funded in this 
Act, the Secretary may authorize a specific amount, not 
to exceed 8 percent of such funds, to be used by such lab-
oratories for laboratory-directed research and develop-
ment: Provided, That the Secretary may also authorize a 
specific amount not to exceed 3 percent of such funds, 
to be used by the plant manager of a covered nuclear 
weapons production plant or the manager of the Nevada 
Site Office for plant or site-directed research and develop-
ment. 
SEC. 
310. 
TECHNOLOGY
COMMERCIALIZATION 
FUND.—None of the funds made available by this Act may 
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be used for technology commercialization activities funded 
via a tax on applied energy research, development, dem-
onstration, and commercial application activities by the 
Department of Energy as authorized by section 1001(e) 
of title X of the Energy Policy Act of 2005. 
SEC. 311. CONTRACTOR PENSION BENEFITS.—None 
of the funds made available in title III of this Act shall 
be used for implementation of the Department of Energy 
Order N 351.1 modifying contractor employee pension and 
medical benefits policy. 
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, not withstanding 40 U.S.C. 14704, 
and, for necessary expenses for the Federal Co-Chairman 
and the alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $35,472,000, to remain available until expended. 
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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, $22,260,000, to remain 
available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), and 382M(b) 
of said Act, $5,940,000, to remain available until ex-
pended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $7,536,000, 
to remain available until expended, nothwithstanding the 
limitations contained in section 306(g) of the Denali Com-
mission Act of 1998. 
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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 expenses not 
to exceed $19,000, $808,410,000, to remain available 
until expended: Provided, That of the amount appro-
priated herein, $40,981,840 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $656,328,000 in fiscal year 2007 
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 
2007 so as to result in a final fiscal year 2007 appropria-
tion estimated at not more than $152,082,000. 
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, $8,144,000, to remain 
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and 
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collections estimated at $7,330,000 in fiscal year 2007 
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 rev-
enues received during fiscal year 2007 so as to result in 
a final fiscal year 2007 appropriation estimated at not 
more than $814,000. 
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, $3,670,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended. 
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 
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pursuant to a transfer made by, or transfer authority pro-
vided in this Act or any other appropriation Act. 
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2007’’. 
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Union Calendar No. 262 
109TH CONGRESS 
2D SESSION 
H. R. 5427 
[Report No. 109–474] 
A BILL 
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30, 
2007, and for other purposes. 
MAY 19, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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