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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. 
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 
conservation and renewable resources programs as au-
thorized, including official reception and representation 
expenses 
in 
an 
amount 
not 
to 
exceed 
$1,500, 
$173,100,000, to remain available until expended, of 
which $170,756,000 shall be derived from the Depart-
ment of the Interior Reclamation Fund: Provided, That, 
notwithstanding the provisions of 31 U.S.C. 3302, up to 
$186,000,000 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.
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FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs 
for the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,827,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Oper-
ating 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. 
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 recep-
tion and representation expenses (not to exceed $3,000), 
$210,000,000, to remain available until expended: Pro-
vided, 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 fis-
cal 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 appro-
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priated from the general fund shall be reduced as reve-
nues 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 appropriations Act for fiscal year 2005 or any pre-
vious fiscal year may be used to make payments for a 
noncompetitive management and operating contract un-
less the Secretary of Energy has published in the Federal 
Register and submitted to the Committees on Appropria-
tions 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 con-
tract, when the term of the contract expires. 
(2) Paragraph (1) does not apply to an extension for 
up to two years of a noncompetitive management and op-
erating contract, if the extension is for purposes of allow-
ing time to award competitively a new contract, to pro-
vide continuity of service between contracts, or to com-
plete a contract that will not be renewed. 
(b) In this section:
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(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, Lawrence 
Berkeley National Laboratory, Lawrence Livermore 
National Laboratory, and Los Alamos National Lab-
oratory. 
(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 
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
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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. 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 (P.L. 102– 
484; 42 U.S.C. 7274h). 
SEC. 303. None of the funds appropriated by this 
Act may be used to augment the funds made available for 
obligation by this Act or any other appropriations Act for 
fiscal year 2005 or any previous fiscal year for severance 
payments and other benefits and community assistance 
grants under section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1993 (P.L. 102–484; 42 
U.S.C. 7274h) unless the Department of Energy submits
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a reprogramming request subject to approval by the ap-
propriate congressional committees. 
SEC. 304. None of the funds appropriated by this 
Act may be used to prepare or initiate Requests For Pro-
posals (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 Adminis-
tration may be used to enter into any agreement to per-
form energy efficiency services outside the legally defined 
Bonneville service territory, with the exception of services 
provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in 
advance that such services are not available from private 
sector businesses. 
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