H. R. 4818—146
total estimated cost does not exceed the minor construction
threshold and for purposes of section 3623 of Public Law 107–
314 as a construction project with a current estimated cost of
less than the minor construction threshold.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
defense nuclear nonproliferation activities, in carrying out the pur-
poses of the Department of Energy 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,
construction, or expansion, $1,420,397,000, to remain available until
expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion,
$807,900,000, to remain available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator in
the National Nuclear Security Administration, including official
reception and representation expenses (not to exceed $12,000),
$356,200,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE SITE ACCELERATION COMPLETION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense site acceleration
completion activities in carrying out the purposes of the Department
of Energy 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, construction, or expansion,
$6,096,429,000, to remain available until expended.
DEFENSE ENVIRONMENTAL SERVICES
For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly support
the accelerated cleanup and closure mission at environmental
management sites, including the purchase, construction, and
acquisition of plant and capital equipment and other necessary
expenses, and the purchase of not to exceed three ambulances
for replacement only, $937,976,000, to remain available until
expended.
H. R. 4818—147
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy 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, $692,691,000, 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, $231,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration 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 2005, 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 marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$5,200,000, to remain available until expended: Provided, That
notwithstanding the provisions of 31 U.S.C. 3302, up to $34,000,000
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 reception and representation expenses in an
amount not to exceed $1,500 in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $29,352,000, to remain
H. R. 4818—148
available until expended: Provided, That, notwithstanding the provi-
sions of 31 U.S.C. 3302, up to $2,900,000 collected by the South-
western 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 available until
expended for the sole purpose of making purchase power and
wheeling expenditures; in addition, notwithstanding 31 U.S.C. 3302,
beginning in fiscal year 2005 and thereafter, such funds as are
received by the Southwestern Power Administration from any State,
municipality, corporation, association, firm, district, or individual
as advance payment for work that is associated with Southwestern’s
transmission facilities, consistent with that authorized in section
5 of the Flood Control Act, shall be credited to this account and
be available until expended.
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;
$173,100,000, to remain available until expended, of which
$167,236,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $10,000,000 shall be available until expended on a non-
reimbursable basis to the Western Area Power Administration to
design, construct, operate and maintain transmission facilities and
services for the Animas-LaPlata Project as authorized by section
301(b)(10) of Public Law 106–554: Provided further, That of the
amount herein appropriated, $6,200,000 is for deposit into the Utah
Reclamation 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 notwith-
standing the provision of 31 U.S.C. 3302, up to $227,600,000 col-
lected 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 avail-
able 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 hydro-
electric facilities at the Falcon and Amistad Dams, $2,827,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 423
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995.
H. R. 4818—149
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department 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), $210,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$210,000,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2005 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 during fiscal year 2005 so as to result in a final
fiscal year 2005 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a)(1) None of the funds in this or any other appropria-
tions Act for fiscal year 2005 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 Appro-
priations of the House of Representatives and the Senate a written
notification, 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 operating contract,
if the extension is for purposes of allowing time to award competi-
tively 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 competition for the management and oper-
ation of Ames Laboratory, Argonne National Laboratory, Law-
rence Berkeley National Laboratory, Lawrence Livermore
National Laboratory, and Los Alamos National Laboratory.
(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 Serv-
ices 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 appropriated
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