[Congressional Record Volume 151, Number 90 (Thursday, June 30, 2005)]
[Senate]
[Pages S7766-S7786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2006

  Mr. FRIST. Mr. President, at this juncture, I ask unanimous consent 
that the Senate proceed to the immediate consideration of calendar No. 
130, H.R. 2419, the Energy and Water appropriations bill. I further ask 
that the committee substitute amendment be agreed to and considered as 
original text for the purpose of further amendment, with no points of 
order waived by this agreement.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2419) making appropriations for energy and water 
     development for the fiscal year ending September 30, 2006, 
     and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Appropriations, with an amendment.
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                               H.R. 2419

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     [That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2006, for energy and water 
     development, and for other purposes, namely:

                                [TITLE I

                       [CORPS OF ENGINEERS--CIVIL

                        [DEPARTMENT OF THE ARMY

                       [Corps of Engineers--Civil

       [The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood and storm damage reduction, aquatic ecosystem 
     restoration, and related purposes.

                        [General Investigations

       [For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood and 
     storm damage reduction, aquatic ecosystem restoration, and 
     related projects, restudy of authorized projects, 
     miscellaneous investigations, and, when authorized by law, 
     surveys and detailed studies and plans and specifications of 
     projects prior to construction, $100,000,000 to remain 
     available until expended: Provided, That, except as provided 
     in section 101 of this Act, the amounts made available under 
     this paragraph shall be expended as authorized in law for the 
     projects and activities specified in the report accompanying 
     this Act.

                             [Construction

       [For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, aquatic ecosystem 
     restoration, and related projects authorized by law; for 
     conducting detailed studies, and plans and specifications, of 
     such projects (including those involving participation by 
     States, local governments, or private groups) authorized or 
     made eligible for selection by law (but such detailed 
     studies, and plans and specifications, shall not constitute a 
     commitment of the Government to construction); and for the 
     benefit of federally listed species to address the effects of 
     civil works projects owned or operated by the United States 
     Army Corps of Engineers, $1,763,000,000, to remain available 
     until expended; of which such sums as are necessary to cover 
     the Federal share of construction costs for facilities under 
     the Dredged Material Disposal Facilities program shall be 
     derived from the Harbor Maintenance Trust Fund as authorized 
     by Public Law 104-303; and of which $182,668,000, pursuant to 
     Public Law 99-662, shall be derived from the Inland Waterways 
     Trust Fund, to cover one-half of the costs of construction 
     and rehabilitation of inland waterways projects; and of which 
     $4,000,000 shall be exclusively for projects and activities 
     authorized under section 107 of the River and Harbor Act of 
     1960; and of which $500,000 shall be exclusively for projects 
     and activities authorized under section 111 of the River and 
     Harbor Act of 1968; and of which $1,000,000 shall be 
     exclusively for projects and activities authorized under 
     section 103 of the River and Harbor Act of 1962; and of which 
     $25,000,000 shall be exclusively available for projects and 
     activities authorized under section 205 of the Flood Control 
     Act of 1948; and of which $8,000,000 shall be exclusively for 
     projects and activities authorized under section 14 of the 
     Flood Control Act of 1946; and of which $400,000 shall be 
     exclusively for projects and activities authorized under 
     section 208 of the Flood Control Act of 1954; and of which 
     $17,400,000 shall be exclusively for projects and activities 
     authorized under section 1135 of the Water Resources 
     Development Act of 1986; and of which $18,000,000 shall be 
     exclusively for projects and activities authorized under 
     section 206 of the Water Resources Act of 1996; and of which 
     $4,000,000 shall be exclusively for projects and activities 
     authorized under section 204 of the Water Resources Act of 
     1992: Provided, That, except as provided in section 101 of 
     this Act, the amounts made available under this paragraph 
     shall be expended as authorized in law for the projects and 
     activities specified in the report accompanying this Act.
       [In addition, $137,000,000 shall be available for projects 
     and activities authorized under 16 U.S.C. 410-r-8 and section 
     601 of Public Law 106-541.

[Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       [For expenses necessary for the flood damage reduction 
     program for the Mississippi River alluvial valley below Cape 
     Girardeau, Missouri, as authorized by law, $290,000,000 to 
     remain available until expended, of which such sums as are 
     necessary to cover the Federal share of operation and 
     maintenance costs for inland harbors shall be derived from 
     the Harbor Maintenance Trust Fund: Provided, That, except as 
     provided in section 101 of this Act, the amounts made 
     available under this paragraph shall be expended as 
     authorized in law for the projects and activities specified 
     in the report accompanying this Act.

                       [Operation and Maintenance

       [For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; for the benefit of federally 
     listed species to address the effects of civil works projects 
     owned or operated by the United States Army Corps of 
     Engineers (the ``Corps''); for providing security for 
     infrastructure owned and operated by, or on behalf of, the 
     Corps, including administrative buildings and facilities, 
     laboratories, and the Washington Aqueduct; for the 
     maintenance of harbor channels provided by a

[[Page S7767]]

     State, municipality, or other public agency that serve 
     essential navigation needs of general commerce, where 
     authorized by law; and for surveys and charting of northern 
     and northwestern lakes and connecting waters, clearing and 
     straightening channels, and removal of obstructions to 
     navigation, $2,000,000,000 to remain available until 
     expended, of which such sums to cover the Federal share of 
     operation and maintenance costs for coastal harbors and 
     channels, and inland harbors shall be derived from the Harbor 
     Maintenance Trust Fund, pursuant to Public Law 99-662 may be 
     derived from that fund; of which such sums as become 
     available from the special account for the Corps established 
     by the Land and Water Conservation Act of 1965, as amended 
     (16 U.S.C. 460l-6a(i)), may be derived from that account for 
     resource protection, research, interpretation, and 
     maintenance activities related to resource protection in the 
     areas at which outdoor recreation is available; and of which 
     such sums as become available under section 217 of the Water 
     Resources Development Act of 1996, Public Law 104-303, shall 
     be used to cover the cost of operation and maintenance of the 
     dredged material disposal facilities for which fees have been 
     collected: Provided, That, except as provided in section 101 
     of this Act, the amounts made available under this paragraph 
     shall be expended as authorized in law for the projects and 
     activities specified in the report accompanying this Act.

                          [Regulatory Program

       [For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $160,000,000, to remain available until expended.

            [Formerly Utilized Sites Remedial Action Program

       [For expenses necessary to clean up contamination from 
     sites in the United States resulting from work performed as 
     part of the Nation's early atomic energy program, 
     $140,000,000, to remain available until expended.

                           [General Expenses

       [For expenses necessary for general administration and 
     related civil works functions in the headquarters of the 
     United States Army Corps of Engineers, the offices of the 
     Division Engineers, the Humphreys Engineer Center Support 
     Activity, the Institute for Water Resources, the United 
     States Army Engineer Research and Development Center, and the 
     United States Army Corps of Engineers Finance Center, 
     $152,021,000 to remain available until expended: Provided, 
     That no part of any other appropriation provided in this Act 
     shall be available to fund the civil works activities of the 
     Office of the Chief of Engineers or the civil works executive 
     direction and management activities of the division offices.

        [Office of Assistant Secretary of the Army (Civil Works)

       [For expenses necessary for the Office of Assistant 
     Secretary of the Army (Civil Works), as authorized by 10 
     U.S.C. 3016(b)(3), $4,000,000.

                       [Administrative Provision

       [Appropriations in this title shall be available for 
     official reception and representation expenses not to exceed 
     $5,000; and during the current fiscal year the Revolving 
     Fund, Corps of Engineers, shall be available for purchase not 
     to exceed 100 for replacement only and hire of passenger 
     motor vehicles.

                          [GENERAL PROVISIONS

                       [Corps of Engineers--Civil

       [Sec. 101. (a) None of the funds provided in title I of 
     this Act shall be available for obligation or expenditure 
     through a reprogramming of funds that--
       [(1) creates or initiates a new program, project, or 
     activity;
       [(2) eliminates a program, project, or activity;
       [(3) increases funds or personnel for any program, project, 
     or activity for which funds are denied or restricted by this 
     Act;
       [(4) reduces funds that are directed to be used for a 
     specific program, project, or activity by this Act;
       [(5) increases funds for any program, project, or activity 
     by more than $2,000,000 or 10 percent, whichever is less; or
       [(6) reduces funds for any program, project, or activity by 
     more than $2,000,000 or 10 percent, whichever is less.
       [(b) Subsection (a)(1) shall not apply to any project or 
     activity authorized under section 205 of the Flood Control 
     Act of 1948, section 14 of the Flood Control Act of 1946, 
     section 208 of the Flood Control Act of 1954, section 107 of 
     the River and Harbor Act of 1960, section 103 of the River 
     and Harbor Act of 1962, section 111 of the River and Harbor 
     Act of 1968, section 1135 of the Water Resources Development 
     Act of 1986, section 206 of the Water Resources Act of 1996, 
     or section 204 of the Water Resources Act of 1992.
       [Sec. 102. None of the funds appropriated in this Act may 
     be used by the United States Army Corps of Engineers to 
     support activities related to the proposed Ridge Landfill in 
     Tuscarawas County, Ohio.
       [Sec. 103. None of the funds appropriated in this Act may 
     be used by the United States Army Corps of Engineers to 
     support activities related to the proposed Indian Run 
     Sanitary Landfill in Sandy Township, Stark County, Ohio.
       [Sec. 104. After February 6, 2006, none of the funds made 
     available in title I of this Act may be used to award any 
     continuing contract or to make modifications to any existing 
     continuing contract that obligates the United States 
     Government during fiscal year 2007 to make payment under such 
     contract for any project that is proposed for deferral or 
     suspension in fiscal year 2007 in the materials prepared by 
     the Assistant Secretary of the Army (Civil Works) for that 
     fiscal year pursuant to provisions of chapter 11 of title 31, 
     United States Code.
       [Sec. 105. None of the funds made available in title I of 
     this Act may be used to award any continuing contract or to 
     make modifications to any existing continuing contract that 
     reserves an amount for a project in excess of the amount 
     appropriated for such project pursuant to this Act.
       [Sec. 106. None of the funds in title I of this Act shall 
     be available for the rehabilitation and lead and asbestos 
     abatement of the dredge McFarland: Provided, That amounts 
     provided in title I of this Act are hereby reduced by 
     $18,630,000.
       [Sec. 107. None of the funds in this Act may be expended by 
     the Secretary of the Army to construct the Port Jersey 
     element of the New York and New Jersey Harbor or to reimburse 
     the local sponsor for the construction of the Port Jersey 
     element until commitments for construction of container 
     handling facilities are obtained from the non-Federal sponsor 
     for a second user along the Port Jersey element.

                               [TITLE II

                      [DEPARTMENT OF THE INTERIOR


                         [CENTRAL UTAH PROJECT

                [Central Utah Project Completion Account

       [For carrying out activities authorized by the Central Utah 
     Project Completion Act, $32,614,000, to remain available 
     until expended, of which $946,000 shall be deposited into the 
     Utah Reclamation Mitigation and Conservation Account for use 
     by the Utah Reclamation Mitigation and Conservation 
     Commission.
       [In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,736,000, to remain available until expended.

                         [Bureau of Reclamation

                      [Water and Related Resources


                     [(INCLUDING TRANSFER OF FUNDS)

       [For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $832,000,000, to remain available until expended, of which 
     $55,544,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $21,998,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund; of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund; of which not more 
     than $500,000 is for high priority projects which shall be 
     carried out by the Youth Conservation Corps, as authorized by 
     16 U.S.C. 1706: Provided, That such transfers may be 
     increased or decreased within the overall appropriation under 
     this heading: Provided further, That of the total 
     appropriated, the amount for program activities that can be 
     financed by the Reclamation Fund or the Bureau of Reclamation 
     special fee account established by 16 U.S.C. 460l-6a(i) shall 
     be derived from that Fund or account: Provided further, That 
     funds contributed under 43 U.S.C. 395 are available until 
     expended for the purposes for which contributed: Provided 
     further, That funds advanced under 43 U.S.C. 397a shall be 
     credited to this account and are available until expended for 
     the same purposes as the sums appropriated under this 
     heading: Provided further, That funds available for 
     expenditure for the Departmental Irrigation Drainage Program 
     may be expended by the Bureau of Reclamation for site 
     remediation on a non-reimbursable basis.

                [Central Valley Project Restoration Fund

       [For carrying out the programs, projects, plans, and 
     habitat restoration, improvement, and acquisition provisions 
     of the Central Valley Project Improvement Act, $52,219,000, 
     to be derived from such sums as may be collected in the 
     Central Valley Project Restoration Fund pursuant to sections 
     3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 
     102-575, to remain available until expended: Provided, That 
     the Bureau of Reclamation is directed to assess and collect 
     the full amount of the additional mitigation and restoration 
     payments authorized by section 3407(d) of Public Law 102-575: 
     Provided further, That none of the funds made available under 
     this heading may be used for the acquisition or leasing of 
     water for in-stream purposes if the water is already 
     committed to in-stream purposes by a court adopted decree or 
     order.

                   [California Bay-Delta Restoration


                     [(including transfer of funds)

       [For carrying out activities authorized by the Calfed Bay 
     Delta Authorization Act, consistent with plans to be approved 
     by the Secretary of the Interior, $35,000,000, to remain 
     available until expended, of which such amounts as may be 
     necessary to carry out

[[Page S7768]]

     such activities may be transferred to appropriate accounts of 
     other participating Federal agencies to carry out authorized 
     purposes: Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management: Provided further, That the use of any funds 
     provided to the California Bay-Delta Authority for program-
     wide management and oversight activities shall be subject to 
     the approval of the Secretary of the Interior: Provided 
     further, That CALFED implementation shall be carried out in a 
     balanced manner with clear performance measures demonstrating 
     concurrent progress in achieving the goals and objectives of 
     the Program.

                       [Policy and Administration

       [For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $57,917,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.

                       [Administrative Provision

       [Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed 14 passenger motor 
     vehicles, of which 11 are for replacement only.

                          [GENERAL PROVISIONS

                      [Department of the Interior

       [Sec. 201. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       [(b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan'' 
     described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       [Sec. 202. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to pay the 
     salaries and expenses of personnel to purchase or lease water 
     in the Middle Rio Grande or the Carlsbad Projects in New 
     Mexico unless said purchase or lease is in compliance with 
     the purchase requirements of section 202 of Public Law 106-
     60.
       [Sec. 203. (a) Section 1(a) of the Lower Colorado Water 
     Supply Act (Public Law 99-655) is amended by adding at the 
     end the following: ``The Secretary is authorized to enter 
     into an agreement or agreements with the city of Needles or 
     the Imperial Irrigation District for the design and 
     construction of the remaining stages of the Lower Colorado 
     Water Supply Project on or after November 1, 2004, and the 
     Secretary shall ensure that any such agreement or agreements 
     include provisions setting forth: (1) the responsibilities of 
     the parties to the agreement for design and construction; (2) 
     the locations of the remaining wells, discharge pipelines, 
     and power transmission lines; (3) the remaining design 
     capacity of up to 5,000 acre-feet per year which is the 
     authorized capacity less the design capacity of the first 
     stage constructed; (4) the procedures and requirements for 
     approval and acceptance by the Secretary of the remaining 
     stages, including approval of the quality of construction, 
     measures to protect the public health and safety, and 
     procedures for protection of such stages; (5) the rights, 
     responsibilities, and liabilities of each party to the 
     agreement; and (6) the term of the agreement.''.
       [(b) Section 2(b) of the Lower Colorado Water Supply Act 
     (Public Law 99-655) is amended by adding at the end the 
     following: ``Subject to the demand of such users along or 
     adjacent to the Colorado River for Project water, the 
     Secretary is further authorized to contract with additional 
     persons or entities who hold Boulder Canyon Project Act 
     section 5 contracts for municipal and industrial uses within 
     the State of California for the use or benefit of Project 
     water under such terms as the Secretary determines will 
     benefit the interest of Project users along the Colorado 
     River.''.

                               [TITLE III

                         [DEPARTMENT OF ENERGY

                            [ENERGY PROGRAMS

                    [Energy Supply and Conservation

       [For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply and energy 
     conservation 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, $1,762,888,000 
     (increased by $1,000,000), to remain available until 
     expended.

                         [Clean Coal Technology


                              [(deferral)

       [Of the funds made available under this heading for 
     obligation in prior years, $257,000,000 shall not be 
     available until October 1, 2006: Provided, That funds made 
     available in previous appropriations Acts shall be made 
     available for any ongoing project regardless of the separate 
     request for proposal under which the project was selected.

                [Fossil Energy Research and Development

       [For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, the hire 
     of passenger motor vehicles, the hire, maintenance, and 
     operation of aircraft, the purchase, repair, and cleaning of 
     uniforms, the reimbursement to the General Services 
     Administration for security guard services, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $502,467,000, to remain available until expended, of which 
     $18,000,000 is to continue a multi-year project coordinated 
     with the private sector for FutureGen, without regard to the 
     terms and conditions applicable to clean coal technological 
     projects: Provided, That the initial planning and research 
     stages of the FutureGen project shall include a matching 
     requirement from non-Federal sources of at least 20 percent 
     of the costs: Provided further, That any demonstration 
     component of such project shall require a matching 
     requirement from non-Federal sources of at least 50 percent 
     of the costs of the component: Provided further, That of the 
     amounts provided, $50,000,000 is available, after 
     coordination with the private sector, for a request for 
     proposals for a Clean Coal Power Initiative providing for 
     competitively-awarded research, development, and 
     demonstration projects to reduce the barriers to continued 
     and expanded coal use: Provided further, That no project may 
     be selected for which sufficient funding is not available to 
     provide for the total project: Provided further, That funds 
     shall be expended in accordance with the provisions governing 
     the use of funds contained under the heading ``Clean Coal 
     Technology'' in 42 U.S.C. 5903d as well as those contained 
     under the heading ``Clean Coal Technology'' in prior 
     appropriations: Provided further, That the Department may 
     include provisions for repayment of Government contributions 
     to individual projects in an amount up to the Government 
     contribution to the project on terms and conditions that are 
     acceptable to the Department including repayments from sale 
     and licensing of technologies from both domestic and foreign 
     transactions: Provided further, That such repayments shall be 
     retained by the Department for future coal-related research, 
     development and demonstration projects: Provided further, 
     That any technology selected under this program shall be 
     considered a Clean Coal Technology, and any project selected 
     under this program shall be considered a Clean Coal 
     Technology Project, for the purposes of 42 U.S.C. 7651n, and 
     chapters 51, 52, and 60 of title 40 of the Code of Federal 
     Regulations: Provided further, That no part of the sum herein 
     made available shall be used for the field testing of nuclear 
     explosives in the recovery of oil and gas: Provided further, 
     That up to 4 percent of program direction funds available to 
     the National Energy Technology Laboratory may be used to 
     support Department of Energy activities not included in this 
     account: Provided further,  That the Secretary of Energy is 
     authorized to accept fees and contributions from public and 
     private sources, to be deposited in a contributed funds 
     account, and prosecute projects using such fees and 
     contributions in cooperation with other Federal, State, or 
     private agencies or concerns: Provided further, That revenues 
     and other moneys received by or for the account of the 
     Department of Energy or otherwise generated by sale of 
     products in connection with projects of the Department 
     appropriated under the Fossil Energy Research and Development 
     account may be retained by the Secretary of Energy, to be 
     available until expended, and used only for plant 
     construction, operation, costs, and payments to cost-sharing 
     entities as provided in appropriate cost-sharing contracts or 
     agreements.

                [Naval Petroleum and Oil Shale Reserves

       [For expenses necessary to carry out naval petroleum and 
     oil shale reserve activities, including the hire of passenger 
     motor vehicles, $18,500,000, to remain available until 
     expended: Provided, That, notwithstanding any other provision 
     of law, unobligated funds remaining from prior years shall be 
     available for all naval petroleum and oil shale reserve 
     activities.

                      [Elk Hills School Lands Fund

       [For necessary expenses in fulfilling installment payments 
     under the Settlement

[[Page S7769]]

     Agreement entered into by the United States and the State of 
     California on October 11, 1996, as authorized by section 3415 
     of Public Law 104-106, $48,000,000, for payment to the State 
     of California for the State Teachers' Retirement Fund, of 
     which $46,000,000 will be derived from the Elk Hills School 
     Lands Fund.

                      [Strategic Petroleum Reserve

       [For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), including the 
     hire of passenger motor vehicles, the hire, maintenance, and 
     operation of aircraft, the purchase, repair, and cleaning of 
     uniforms, the reimbursement to the General Services 
     Administration for security guard services, $166,000,000, to 
     remain available until expended.

                   [Energy Information Administration

       [For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $86,426,000, to remain 
     available until expended.

                   [Non-Defense Environmental Cleanup

       [For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup 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, and the purchase of 
     not to exceed six passenger motor vehicles, of which five 
     shall be for replacement only, $319,934,000, to remain 
     available until expended.

      [Uranium Enrichment Decontamination and Decommissioning Fund

       [For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, as amended, and title X, subtitle A, of 
     the Energy Policy Act of 1992, $591,498,000, to be derived 
     from the Fund, to remain available until expended, of which 
     $20,000,000 shall be available in accordance with title X, 
     subtitle A, of the Energy Policy Act of 1992.

                                [Science

       [For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science 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 facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed forty-seven 
     passenger motor vehicles for replacement only, including not 
     to exceed one ambulance and two buses, $3,666,055,000, to 
     remain available until expended.

                        [Nuclear Waste Disposal

       [For nuclear waste disposal activities to carry out the 
     purposes of the Nuclear Waste Policy Act of 1982, Public Law 
     97-425, as amended (the ``Act''), including the acquisition 
     of real property or facility construction or expansion, 
     $310,000,000, to remain available until expended and to be 
     derived from the Nuclear Waste Fund: Provided, That of the 
     funds made available in this Act for Nuclear Waste Disposal, 
     $3,500,000 shall be provided to the State of Nevada solely 
     for expenditures, other than salaries and expenses of State 
     employees, to conduct scientific oversight responsibilities 
     and participate in licensing activities pursuant to the Act: 
     Provided further, That $7,000,000 shall be provided to 
     affected units of local governments, as defined in the Act, 
     to conduct appropriate activities and participate in 
     licensing activities: Provided further, That the distribution 
     of the funds as determined by the units of local government 
     shall be approved by the Department of Energy: Provided 
     further, That the funds for the State of Nevada shall be made 
     available solely to the Nevada Division of Emergency 
     Management by direct payment and units of local government by 
     direct payment: Provided further, That within 90 days of the 
     completion of each Federal fiscal year, the Nevada Division 
     of Emergency Management and the Governor of the State of 
     Nevada and each local entity shall provide certification to 
     the Department of Energy that all funds expended from such 
     payments have been expended for activities authorized by the 
     Act and this Act: Provided further, That failure to provide 
     such certification shall cause such entity to be prohibited 
     from any further funding provided for similar activities: 
     Provided further, That none of the funds herein appropriated 
     may be: (1) used directly or indirectly to influence 
     legislative action on any matter pending before Congress or a 
     State legislature or for lobbying activity as provided in 18 
     U.S.C. 1913; (2) used for litigation expenses; or (3) used to 
     support multi-State efforts or other coalition building 
     activities inconsistent with the restrictions contained in 
     this Act: Provided further, That all proceeds and recoveries 
     realized by the Secretary in carrying out activities 
     authorized by the Act, including but not limited to, any 
     proceeds from the sale of assets, shall be available without 
     further appropriation and shall remain available until 
     expended.

                      [Departmental Administration


                     [(including transfer of funds)

       [For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $35,000, $253,909,000 (reduced by $1,000,000), 
     to remain available until expended, plus such additional 
     amounts as necessary to cover increases in the estimated 
     amount of cost of work for others notwithstanding the 
     provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et 
     seq.): Provided, That such increases in cost of work are 
     offset by revenue increases of the same or greater amount, to 
     remain available until expended: Provided further, That 
     moneys received by the Department for miscellaneous revenues 
     estimated to total $123,000,000 in fiscal year 2006 may be 
     retained and used for operating expenses within this account, 
     and may remain available until expended, as authorized by 
     section 201 of Public Law 95-238, notwithstanding the 
     provisions of 31 U.S.C. 3302: Provided further, That the sum 
     herein appropriated shall be reduced by the amount of 
     miscellaneous revenues received during fiscal year 2006, and 
     any related unappropriated receipt account balances remaining 
     from prior years' miscellaneous revenues, so as to result in 
     a final fiscal year 2006 appropriation from the general fund 
     estimated at not more than $130,909,000.

                    [Office of the Inspector General

       [For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $43,000,000, to remain 
     available until expended.

                   [ATOMIC ENERGY DEFENSE ACTIVITIES

               [National Nuclear Security Administration

                          [Weapons Activities


                     [(including transfer of funds)

       [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 weapons 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; and the purchase of 
     not to exceed 40 passenger motor vehicles, for replacement 
     only, including not to exceed two buses; $6,181,121,000, to 
     remain available until expended.

                   [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 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, $1,500,959,000, to remain available until 
     expended.

                            [Naval Reactors

       [For Department of Energy expenses necessary for naval 
     reactors 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, $799,500,000, 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, $366,869,000, to remain available until expended.

              [ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     [Defense Environmental Cleanup

       [For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup 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, $6,468,336,000, to 
     remain available until expended.

                       [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, construction, 
     or expansion, and the purchase of not to exceed ten passenger 
     motor vehicles for replacement only, including not to exceed 
     two buses; $702,498,000, to remain available until expended.

                    [Defense Nuclear Waste Disposal

       [For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425,

[[Page S7770]]

     as amended, including the acquisition of real property or 
     facility construction or expansion, $351,447,000, 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 2006, 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 
     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: 
     Provided, That, notwithstanding 31 U.S.C. 3302, up to 
     $32,713,000 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 section 5 of the Flood Control Act of 1944 (16 
     U.S.C. 825s), as applied to the southwestern power 
     administration, $31,401,000, to remain available until 
     expended: Provided, That, notwithstanding 31 U.S.C. 3302, up 
     to $1,235,000 collected by the Southwestern 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.

[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; $226,992,000, to remain available until 
     expended, of which $222,830,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, 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 
     notwithstanding the provision of 31 U.S.C. 3302, up to 
     $148,500,000 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 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 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 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, $220,400,000, 
     to remain available until expended: Provided, 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: 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. (a)(1) None of the funds in this or any other 
     appropriations Act for fiscal year 2006 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 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 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 competition for the management and 
     operation of Ames Laboratory, Argonne National Laboratory, 
     Lawrence 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 
     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 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 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 restructuring 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).
       [Sec. 303. None of the funds appropriated by this Act may 
     be used to augment the funds made available for obligation 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 Department 
     of Energy submits a reprogramming request to the appropriate 
     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 appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     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. 306. None of the funds in this or any other Act for 
     the Administrator of the Bonneville Power Administration may 
     be used to enter into any agreement to perform 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 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 participation of a 
     university or other potential user as a formal partner in the 
     establishment or operation of a user facility, the Department 
     shall employ full and open competition in selecting 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 Technology 
     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

[[Page S7771]]

     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 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, Missouri;
       [(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 
     authorized 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 
     Authorization Act for fiscal year 2006.
       [Sec. 310. None of the funds made available in this Act may 
     be used to select a site for the Modern Pit Facility during 
     fiscal year 2006.
       [Sec. 311. None of the funds made available in title III of 
     this Act shall be for the Department of Energy national 
     laboratories and production plants for Laboratory Directed 
     Research and Development (LDRD), Plant Directed Research and 
     Development (PDRD), and Site Directed Research and 
     Development (SDRD) activities in excess of $250,000,000.
       [Sec. 312. None of the funds made available in title III of 
     this Act shall be for Department of Energy Laboratory 
     Directed Research and Development (LDRD), Plant Directed 
     Research and Development (PDRD), and Site Directed Research 
     and Development (SDRD) activities for project costs incurred 
     as Indirect Costs by Major Facility Operating Contractors.
       [Sec. 313. None of the funds made available in title III of 
     this Act may be used to finance laboratory directed research 
     and development activities at Department of Energy 
     laboratories on behalf of other Federal agencies.
       [Sec. 314. None of the funds made available to the 
     Department of Energy under this Act shall be used to 
     implement or finance authorized price support or loan 
     guarantee programs unless specific provision is made for such 
     programs in an appropriations Act.

                               [TITLE IV

                         [INDEPENDENT AGENCIES

                    [Appalachian Regional Commission

       [For expenses necessary to carry out the programs 
     authorized by the Appalachian Regional Development Act of 
     1965, as amended, for necessary expenses for the Federal Co-
     Chairman and the alternate on the Appalachian Regional 
     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 passenger motor 
     vehicles, $38,500,000, to remain available until expended.

                [Defense Nuclear Facilities Safety Board


                         [Salaries and Expenses

       [For necessary expenses of the Defense Nuclear Facilities 
     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, notwithstanding 
     sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
     $6,000,000, to remain available until expended.

                           [Denali Commission

       [For expenses of the Denali Commission, $2,562,000, to 
     remain available until expended.

                     [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 amended, 
     including official representation expenses (not to exceed 
     $15,000), and purchase of promotional items for use in the 
     recruitment of individuals for employment, $714,376,000, 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 revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $580,643,000 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 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 appropriation estimated at not more 
     than $133,732,600: Provided further, That section 6101 of the 
     Omnibus Budget Reconciliation 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 General 
     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 
     estimated 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 
     appropriation 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, section 
     5051, $3,608,000, to be derived from the Nuclear 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 communicate 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 instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in this Act 
     or any other appropriation Act.
       [Sec. 503. None of the funds made available by this Act 
     shall be used by the Nuclear Regulatory Commission to 
     contract with or reimburse any Nuclear Regulatory Commission 
     licensee or the Nuclear Energy Institute with respect to 
     matters relating to the security of production facilities or 
     utilization facilities (within the meaning of the Atomic 
     Energy Act of 1954).
       [Sec. 504. None of the funds made available by this Act may 
     be used before March 1, 2006, to enter into an agreement 
     obligating the United States to contribute funds to ITER, the 
     international burning plasma fusion research project in which 
     the President announced United States participation on 
     January 30, 2003.
       [This Act may be cited as the ``Energy and Water 
     Development Appropriations Act, 2006''.]
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2006, for energy and water development 
     and for other purposes, namely:

                 TITLE I--DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Chief of Engineers and the supervision of 
     the Director of Civil Works for authorized civil functions of 
     the Department of the Army pertaining to rivers and harbors, 
     flood control, shore protection and storm damage reduction, 
     aquatic ecosystem restoration, and related purposes.


                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection and storm damage reduction, aquatic 
     ecosystem restoration, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by law, surveys and detailed studies and plans and 
     specifications of projects prior to construction, 
     $180,000,000, to remain available until expended.


                         Construction, General

       For expenses necessary for the construction of river and 
     harbor, flood control, shore protection and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; for conducting detailed studies, 
     and plans and specifications, of such projects (including 
     those for development with participation or under 
     consideration for participation by States, local governments, 
     or private groups) authorized or made eligible for selection 
     by law (but such detailed studies, and plans and 
     specifications, shall not constitute a commitment of the 
     Government to construction); $2,086,664,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of construction costs for 
     facilities under the Dredged Material Disposal Facilities 
     program shall be derived from the Harbor Maintenance Trust 
     Fund as authorized by Public Law 104-303; and of which such 
     sums as are necessary pursuant to Public Law 99-662 shall be 
     derived from the Inland Waterways Trust Fund, to cover one-
     half of the costs of construction and rehabilitation of 
     inland waterways projects, (including the rehabilitation 
     costs for Lock and Dam 11, Mississippi River, Iowa; Lock and 
     Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 
     River, Illinois and Missouri; Lock 27, Mississippi River, 
     Illinois; and Lock and Dam 3, Mississippi River, Minnesota) 
     shall be derived from the Inland Waterways Trust Fund: 
     Provided, That using $15,000,000 of the funds appropriated 
     herein, the Chief of Engineers is directed to continue 
     construction of the Dallas

[[Page S7772]]

     Floodway Extension, Texas, project, including the Cadillac 
     Heights feature, generally in accordance with the Chief of 
     Engineers report dated December 7, 1999: Provided further, 
     That the Chief of Engineers is directed to use $2,000,000 of 
     the funds provided herein to continue construction of the 
     Hawaii Water Management Project: Provided further, That the 
     Chief of Engineers is directed to use $13,000,000 of the 
     funds appropriated herein to continue construction of the 
     navigation project at Kaumalapau Harbor, Hawaii: Provided 
     further, That the Chief of Engineers is directed to use 
     $4,000,000 of the funds provided herein for the Dam Safety 
     and Seepage/Stability Correction Program to complete 
     construction of seepage control features and repairs to the 
     tainter gates at Waterbury Dam, Vermont: Provided further, 
     That the Chief of Engineers is directed to use $9,500,000 of 
     the funds appropriated herein to proceed with planning, 
     engineering, design or construction of the Grundy, Buchanan 
     County, and Dickenson County, Virginia, elements of the 
     Levisa and Tug Forks of the Big Sandy River and Upper 
     Cumberland River Project: Provided further, That the Chief of 
     Engineers is directed to use $4,600,000 of the funds 
     appropriated herein to continue with the planning, 
     engineering, design or construction of the Lower Mingo 
     County, Upper Mingo County, Wayne County, McDowell County, 
     West Virginia, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River Project: Provided 
     further, That the Chief of Engineers is directed to continue 
     the Dickenson County Detailed Project Report as generally 
     defined in Plan 4 of the Huntington District Engineer's Draft 
     Supplement to the section 202 General Plan for Flood Damage 
     Reduction dated April 1997, including all Russell Fork 
     tributary streams within the County and special 
     considerations as may be appropriate to address the unique 
     relocations and resettlement needs for the flood prone 
     communities within the County: Provided further, That the 
     Chief of Engineers is directed to proceed with work on the 
     permanent bridge to replace Folsom Bridge Dam Road, Folsom, 
     California, as authorized by the Energy and Water Development 
     Appropriations Act, 2004 (Public Law 108-137), and, of the 
     $12,000,000 available for the American River Watershed 
     (Folsom Dam Mini-Raise), California, project, up to 
     $7,000,000 of those funds be directed for the permanent 
     bridge, with all remaining devoted to the Mini-Raise: 
     Provided further, That $300,000 is provided for the Chief of 
     Engineers to conduct a General Reevaluation Study on the 
     Mount St. Helens project to determine if ecosystem 
     restoration actions are prudent in the Cowlitz and Toutle 
     watersheds for species that have been listed as being of 
     economic importance and threatened or endangered.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For expenses necessary for the flood damage reduction 
     program for the Mississippi River alluvial valley below Cape 
     Girardeau, Missouri, as authorized by law, $433,336,000, to 
     remain available until expended, of which such sums as are 
     necessary to cover the Federal share of operation and 
     maintenance costs for inland harbors shall be derived from 
     the harbor maintenance trust fund: Provided, That the Chief 
     of Engineers, using $25,000,000 of the funds provided herein, 
     is directed to continue design and real estate activities and 
     to initiate the pump supply contract for the Yazoo Basin, 
     Yazoo Backwater Pumping Plant, Mississippi: Provided further, 
     That the pump supply contract shall be performed by awarding 
     continuing contracts in accordance with 33 U.S.C. 621: 
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers is directed, with $10,000,000 
     appropriated herein, to continue construction of water 
     withdrawal features of the Grand Prairie, Arkansas, project, 
     of which such sums as are necessary to cover the Federal 
     share of operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund.


                   Operation and Maintenance, General

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; for providing security for 
     infrastructure owned and operated by, or on behalf of, the 
     United States Army Corps of Engineers, including 
     administrative buildings and facilities, laboratories, and 
     the Washington Aqueduct; for the maintenance of harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; and for surveys and 
     charting of northern and northwestern lakes and connecting 
     waters, clearing and straightening channels, and removal of 
     obstructions to navigation, $2,100,000,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of operation and maintenance costs 
     for coastal harbors and channels, shall be derived from the 
     Harbor Maintenance Trust Fund, pursuant to Public Law 99-662 
     may be derived from that fund; of which such sums as become 
     available from the special account for the United States Army 
     Corps of Engineers established by the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), 
     may be derived from that account for resource protection, 
     research, interpretation, and maintenance activities related 
     to resource protection in the areas at which outdoor 
     recreation is available; and of which such sums as become 
     available under section 217 of the Water Resources 
     Development Act of 1996, Public Law 104-303, shall be used to 
     cover the cost of operation and maintenance of the dredged 
     material disposal facilities for which fees have been 
     collected: Provided, That utilizing funds appropriated 
     herein, for the Intracoastal Waterway, Delaware River to 
     Chesapeake Bay, Delaware and Maryland, the Chief of 
     Engineers, is directed to reimburse the State of Delaware for 
     normal operation and maintenance costs incurred by the State 
     of Delaware for the SR1 Bridge from station 58+00 to station 
     293+00 between October 1, 2005, and September 30, 2006: 
     Provided further, That the Chief of Engineers is authorized 
     to undertake, at full Federal expense, a detailed evaluation 
     of the Albuquerque levees for purposes of determining 
     structural integrity, impacts of vegetative growth, and 
     performance under current hydrological conditions: Provided 
     further, That using $275,000 provided herein, the Chief of 
     Engineers is authorized to remove the sunken vessel State of 
     Pennsylvania from the Christina River in Delaware.


                 Flood Control and Coastal Emergencies

       For expenses necessary to prepare for flood, hurricane, and 
     other natural disasters and support emergency operations, 
     repairs, and other activities in response to flood and 
     hurricane emergencies, as authorized by law, $43,000,000, to 
     remain available until expended.


                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $150,000,000, to remain available until expended.


            Formerly Utilized Sites Remedial Action Program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $140,000,000, to 
     remain available until expended.


                            General Expenses

       For expenses necessary for general administration and 
     related civil works functions in the headquarters of the 
     United States Army Corps of Engineers, the offices of the 
     Division Engineers, the Humphreys Engineer Center Support 
     Activity, the Institute for Water Resources, the United 
     States Army Engineer Research and Development Center, and the 
     United States Army Corps of Engineers Finance Center, 
     $165,000,000, to remain available until expended: Provided, 
     That no part of any other appropriation provided in title I 
     of this Act shall be available to fund the civil works 
     activities of the Office of the Chief of Engineers or the 
     civil works executive direction and management activities of 
     the division offices.


                        Administrative Provision

       Appropriations in this title shall be available for 
     official reception and representation expenses (not to exceed 
     $5,000); and during the current fiscal year the Revolving 
     Fund, Corps of Engineers, shall be available for purchase 
     (not to exceed 100 for replacement only) and hire of 
     passenger motor vehicles.


             GENERAL PROVISIONS, Corps of Engineers--Civil

       Sec. 101. Beginning in fiscal year 2005 and thereafter, 
     agreements proposed for execution by the Assistant Secretary 
     of the Army for Civil Works or the United States Army Corps 
     of Engineers after the date of the enactment of this Act 
     pursuant to section 4 of the Rivers and Harbor Act of 1915, 
     Public Law 64-291; section 11 of the River and Harbor Act of 
     1925, Public Law 68-585; the Civil Functions Appropriations 
     Act, 1936, Public Law 75-208; section 215 of the Flood 
     Control, Act of 1968, as amended, Public Law 90-483; sections 
     104, 203, and 204 of the Water Resources Development Act of 
     1986, as amended, Public Law 99-662; section 206 of the Water 
     Resources Development Act of 1992, as amended, Public Law 
     102-580; section 211 of the Water Resources Development Act 
     of 1996, Public Law 104-303; and any other specific project 
     authority, shall be limited to total credits and 
     reimbursements for all applicable projects not to exceed 
     $100,000,000 in each fiscal year.
       Sec. 102. None of the funds appropriated in this or any 
     other Act shall be used to demonstrate or implement any plans 
     divesting or transferring any Civil Works missions, 
     functions, or responsibilities of the United States Army 
     Corps of Engineers to other government agencies without 
     specific direction in a subsequent Act of Congress.
       Sec. 103. St. Georges Bridge, Delaware. None of the funds 
     made available in this Act may be used to carry out any 
     activity relating to closure or removal of the St. Georges 
     Bridge across the Intracoastal Waterway, Delaware River to 
     Chesapeake Bay, Delaware and Maryland, including a hearing or 
     any other activity relating to preparation of an 
     environmental impact statement concerning the closure or 
     removal.
       Sec. 104. Within 75 days of the date of the Chief of 
     Engineers Report on a water resource matter, the Assistant 
     Secretary of the Army (Civil Works) shall submit the report 
     to the appropriate authorizing and appropriating committees 
     of the Congress.
       Sec. 105. Within 90 days of the date of enactment of this 
     Act, the Assistant Secretary of the Army (Civil Works) shall 
     transmit to Congress his report on any water resources matter 
     on which the Chief of Engineers has reported.
       Sec. 106. Section 123 of Public Law 108-137 (117 Stat. 
     1837) is amended by striking ``in accordance with the 
     Baltimore Metropolitan Water Resources-Gwynns Falls Watershed 
     Feasibility Report'' and all that follows and inserting the 
     following language in lieu thereof: ``in accordance with the 
     `Baltimore Metropolitan Water Resources-Gwynns Falls 
     Watershed Study' report prepared by the Corps of Engineers 
     and the City of Baltimore, Maryland, dated September 2002.''.
       Sec. 107. Marmet Lock, Kanawha River, West Virginia. 
     Section 101(a)(31) of the Water Resources Development Act of 
     1996 (110 Stat.

[[Page S7773]]

     3666), is amended by striking ``$229,581,000'' and inserting 
     ``$358,000,000''.
       Sec. 108. Lower Mud River, Milton, West Virginia. The 
     project for flood control at Milton, West Virginia, 
     authorized by section 580 of the Water Resources Development 
     Act of 1996 (110 Stat. 3790), as modified by section 340 of 
     the Water Resources Development Act of 2000 (114 Stat. 2612), 
     is modified to authorize the Chief of Engineers to construct 
     the project substantially in accordance with the draft report 
     of the Corps of Engineers dated May 2004, at an estimated 
     total cost of $45,500,000, with an estimated Federal cost of 
     $34,125,000 and an estimated non-Federal cost of $11,375,000.
       Sec. 109. Water Reallocation, Lake Cumberland, Kentucky. 
     (a) In General.--Subject to subsection (b), none of the funds 
     made available by this Act may be used to carry out any water 
     reallocation project or component under the Wolf Creek 
     Project, Lake Cumberland, Kentucky, authorized under the Act 
     of June 28, 1938 (52 Stat. 1215, chapter 795) and the Act of 
     July 24, 1946 (60 Stat. 636, chapter 595).
       (b) Existing Reallocations.--Subsection (a) shall not apply 
     to any water reallocation for Lake Cumberland, Kentucky, that 
     is carried out subject to an agreement or payment schedule in 
     effect on the date of enactment of this Act.
       Sec. 110. Section 529(b)(3) of Public Law 106-541 is 
     amended by striking ``$10,000,000'' and inserting 
     ``$20,000,000'' in lieu thereof.
       Sec. 111. Yazoo Basin, Upper Yazoo Projects, Mississippi. 
     The Yazoo Basin Headwater Improvement, Mississippi, project 
     authorized by the Flood Control Act of 1928 (45 Stat. 534), 
     as amended and modified, is further modified to include the 
     design and construction at full Federal expense of such 
     measures as determined by the Chief of Engineers to be 
     advisable for the control of bank erosion along the Yazoo 
     River and including, but not limited to, the following 
     tributaries and watersheds of the Yazoo River: Tallahatchie 
     River, Coldwater River (below Arkabutla Dam), Bear Creek 
     Diversion, Yalobusha River (below Grenada Dam), Little 
     Tallahatchie River (below Sardis Dam), Yocona River (below 
     Enid Dam), Tchula Lake, Cassidy Bayou, Bobo Bayou Area, 
     Arkabutla Canal, Ascalmore-Tippo Creek, David-Burrell Bayou, 
     McKinney Bayou, Lake Cormorant Area, Hurricane Bayou, Opossum 
     Bayou, Chicopa Creek, Hillside Floodway, Bear Creek, 
     Alligator-Catfish Bayou, Rocky Bayou, Whiteoak Bayou, 
     Potacocowa Creek, Tillatoba Creek, Teoc Creek, Big Sand 
     Creek, Chicopa Creek, and miscellaneous ditches.
       Sec. 112. Lower Mississippi River Museum and Riverfront 
     Interpretive Site, Mississippi. The Water Resources 
     Development Act of 1992 (106 Stat. 4811) is amended by--
       (1) in section 103(c)(2) by striking ``property currently 
     held by the Resolution Trust Corporation in the vicinity of 
     the Mississippi River Bridge'' and inserting ``riverfront 
     property''; and
       (2) in section 103(c)(7)--
       (A) by striking ``There is'' and inserting the following: 
     ``(A) In general.--There is''; and
       (B) by striking ``$2,000,000'' and all that follows and 
     inserting the following: ``$15,000,000 to plan, design, and 
     construct generally in accordance with the conceptual plan to 
     be prepared by the Corps of Engineers.
       ``(B) Funding.--The planning, design, and construction of 
     the Lower Mississippi River Museum and Riverfront 
     Interpretive Site shall be carried out using funds 
     appropriated as part of the Mississippi River Levees feature 
     of the Mississippi River and Tributaries Project, authorized 
     by the Act of May 15, 1928 (45 Stat. 534, chapter 569).''.
       Sec. 113. Public Law 106-53. Section 593(h) (113 Stat. 381) 
     is modified by striking ``$25,000,000'' and inserting 
     ``$50,000,000''.
       Sec. 114. The project for navigation, Los Angeles Harbor, 
     California, authorized by section 101(b)(5) of the Water 
     Resources Development Act of 2000 (114 Stat. 2577) is 
     modified to authorize the Chief of Engineers to carry out the 
     project at a total cost of $222,000,000.
       Sec. 115. Missouri and Middle Mississippi Rivers 
     Enhancement Project. (a) Section 514 of the Water Resources 
     Development Act of 1999 is amended by inserting after 
     subsection (e):
       ``(f) Nonprofit Entities.--Notwithstanding section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project undertaken under this section, a non-Federal 
     interest may include a Regional or National nonprofit entity 
     with the consent of the affected local government.
       ``(g) Cost Limitation.--Not more than $5,000,000 in Federal 
     funds may be allotted under this section for a project at any 
     single locality.''; and
       (b) renumbering the succeeding subsections accordingly.
       Sec. 116. Section 514(f)(1) of the Water Resources 
     Development Act of 1999 (Public Law 106-53) is amended by 
     adding at the end of the sentence before the period ``which 
     may be in cash, by the provision of lands, easements, rights-
     of-way, relocations or disposal areas, by in-kind services to 
     implement the project, or by any combination of the 
     foregoing. Land needed for a project under this authority may 
     remain in private ownership subject to easements satisfactory 
     to the Secretary necessary to assure achievement of the 
     project purposes''.
       Sec. 117. Section 514(g) of the Water Resources Development 
     Act of 1999 (Public Law 106-53) is amended by striking the 
     words ``for the period of fiscal years 2000 and 2001'' and 
     inserting in lieu thereof ``per year, and such authority 
     shall extend until Federal fiscal year 2015''.
       Sec. 118. Missouri River Levee System, Unit L-15 Levee, 
     Missouri. The portion of the L-15 levee system which is under 
     the jurisdiction of the Consolidated North County Levee 
     District and which is situated along the right descending 
     bank of the Mississippi River from its confluence with the 
     Missouri River and running upstream approximately 14 miles 
     shall be considered to be a Federal levee for purposes of 
     cost sharing under 33 U.S.C. 701n.
       Sec. 119. Section 219(f) of the Water Resources Development 
     Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended 
     by section 502(b) of the Water Resources Development Act of 
     1999 (Public Law 106-53) and section 108(d) of title I of 
     division B of the Miscellaneous Appropriations Act, 2001 (as 
     enacted by Public Law 106-554; 114 Stat. 2763A-220), is 
     further amended by adding at the end the following:
       ``(72) Alpine, california.--$10,000,000 is authorized for a 
     water transmission main, Alpine, CA.''.
       Sec. 120. Section 214(a) of Public Law 106-541 is amended 
     by striking ``2005'' and inserting ``2006''.
       Sec. 121. Middle Rio Grande Endangered Species 
     Collaborative Program, New Mexico. The Secretary of the Army 
     may carry out projects that comply with the Reasonable and 
     Prudent Alternative of the 2003 Biological Opinion required 
     by section 205(b) of Public Law 108-447 (118 Stat. 2949) 
     referring to the Biological and Conference Opinions on the 
     Effects of Actions Associated with the Programmatic 
     Biological Assessment of Bureau of Reclamation's Water and 
     River Maintenance Operations, Army Corps of Engineers' Flood 
     Control Operation, and Related Non-Federal Actions on the 
     Middle Rio Grande, New Mexico and other recovery measures for 
     the Rio Grande Silvery Minnow or the Southwest Willow 
     Flycatcher, including recommendations provided by the 
     Endangered Species Act Collaborative Program as established 
     in Public Law 108-137 section 209(b) (117 Stat. 1850). All 
     project undertaken under this subsection shall be subject to 
     a 75 percent Federal/25 percent non-Federal cost share. The 
     non-Federal cost share for all projects carried out under 
     this program may be provided through in-kind services or 
     direct cash contributions and shall include provision of 
     necessary land, easements, relocations and disposal sites. 
     Non-Federal cost share shall be credited on a programmatic 
     basis instead of on a project-by-project basis with 
     reconciliation of total project costs and total non-Federal 
     cost share on a 3 year incremental basis. Over contribution 
     of non-Federal cost share shall be credited to subsequent 
     years. In lieu of individual Project Cooperation Agreements, 
     the Secretary shall enter into Memoranda of Agreement with 
     participants in the Middle Rio Grande Endangered Species 
     Collaborative Program in order to establish relative 
     contribution of non-Federal cost share by each participant, 
     implement projects, and streamline administrative procedures.
       Sec. 122. Bluestone, West Virginia. Section 547 of the 
     Water Resources Development Act of 2000 (114 Stat. 2676) is 
     amended--
       (1) in subsection (b)(1)(A) by striking ``4 years'' and 
     inserting ``5 years'';
       (2) in subsection (b)(1)(B)(iii) by striking ``if all'' and 
     all that follows through ``facility'' and inserting 
     ``assurance project'';
       (3) in subsection (b)(1)(C) by striking ``and 
     construction'' and inserting ``, construction, and operation 
     and maintenance'';
       (4) by adding at the end of subsection (b) the following:
       ``(3) Operation and ownership.--The Tri-Cities Power 
     Authority shall be the owner and operator of the hydropower 
     facilities referred to in subsection (a).'';
       (5) in subsection (c)(1)--
       (A) by striking ``No'' and inserting ``Unless otherwise 
     provided, no'';
       (B) by inserting ``planning,'' before ``design''; and
       (C) by striking ``prior to'' and all that follows through 
     ``subsection (d)'';
       (6) in subsection (c)(2) by striking ``design'' and 
     inserting ``planning, design,'';
       (7) in subsection (d)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) Approval.--The Secretary shall review the design and 
     construction activities for all features of the hydroelectric 
     project that pertain to and affect stability of the dam and 
     control the release of water from Bluestone Dam to ensure 
     that the quality of construction of those features meets all 
     standards established for similar facilities constructed by 
     the Secretary.'';
       (B) by redesignating paragraph (3) as paragraph (2);
       (C) by striking the period at the end of paragraph (2) (as 
     so redesignated) and inserting ``, except that hydroelectric 
     power is no longer a project purpose of the facility so long 
     as Tri-Cities Power Authority continues to exercise its 
     responsibilities as the builder, owner, and operator of the 
     hydropower facilities at Bluestone Dam. Water flow releases 
     and flood control from the hydropower facilities shall be 
     determined and directed by the Corps of Engineers.''; and
       (D) by adding at the end the following:
       ``(3) Coordination.--Construction of the hydroelectric 
     generating facilities shall be coordinated with the dam 
     safety assurance project currently in the design and 
     construction phases.'';
       (8) in subsection (e) by striking ``in accordance'' and all 
     that follows through ``58 Stat. 890)'';
       (9) in subsection (f)--
       (A) by striking ``facility of the interconnected systems of 
     reservoirs operated by the Secretary'' each place it appears 
     and inserting ``facilities under construction under such 
     agreements''; and
       (B) by striking ``design'' and inserting ``planning, 
     design'';
       (10) in subsection (f)(2)--
       (A) by ``Secretary'' each place it appears and inserting 
     ``Tri-Cities Power Authority''; and
       (B) by striking ``facilities referred to in subsection 
     (a)'' and inserting ``such facilities'';

[[Page S7774]]

       (11) by striking paragraph (1) of subsection (g) and 
     inserting the following:
       ``(1) to arrange for the transmission of power to the 
     market or to construct such transmission facilities as 
     necessary to market the power produced at the facilities 
     referred to in subsection (a) with funds contributed by the 
     Tri-Cities Power Authority; and'';
       (12) in subsection (g)(2) by striking ``such facilities'' 
     and all that follows through ``the Secretary'' and inserting 
     ``the generating facility''; and
       (13) by adding at the end the following:
       ``(i) Tri-Cities Power Authority Defined.--In this section, 
     the `Tri-Cities Power Authority' refers to the entity 
     established by the City of Hinton, West Virginia, the City of 
     White Sulphur Springs, West Virginia, and the City of 
     Philippi, West Virginia, pursuant to a document entitled 
     `Second Amended and Restated Intergovernmental Agreement' 
     approved by the Attorney General of West Virginia on February 
     14, 2002.''.
       Sec. 123. The portion of the project for navigation, City 
     Waterway, Tacoma, Washington authorized by the first section 
     of the Act of June 13, 1902 (32 Stat. 347), consisting of the 
     last 1,000 linear feet of the inner portion of the Waterway 
     beginning at Station 70+00 and ending at Station 80+00, is 
     not authorized.
       Sec. 124. The Chief of Engineers shall define the repairs 
     made at Fern Ridge Dam as a dam safety project and costs 
     shall be recovered in accordance with Section 1203 of the 
     Water Resources Development Act of 1986: Provided, That costs 
     assigned to irrigation will be recovered by the Secretary of 
     the Interior in accordance with Public Law 98-404.
       Sec. 125. The Chief of Engineers is directed to fully 
     utilize the Federal dredging fleet in support of all Army 
     Corps of Engineers missions and no restrictions shall be 
     placed on the use or maintenance of any dredge in the Federal 
     Fleet.
       Sec. 126. The Chief of Engineers is directed to maintain 
     the Federal dredging fleet to technologically modern and 
     efficient standards.
       Sec. 127. Lake Champlain Canal Dispersal Barrier, Vermont 
     and New York. The Chief of Engineers shall determine, at full 
     Federal expense, the feasibility of a dispersal barrier 
     project at the Lake Champlain Canal: Provided, That if the 
     Chief determines that the project is feasible, the Chief 
     shall construct, maintain, and operate a dispersal barrier at 
     the Lake Champlain Canal at full Federal expense.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                Central Utah Project Completion Account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $32,614,000, to remain available 
     until expended, of which $946,000 shall be deposited into the 
     Utah Reclamation Mitigation and Conservation Account for use 
     by the Utah Reclamation Mitigation and Conservation 
     Commission.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,736,000, to remain available until expended.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:


                      Water and Related Resources

                     (INCLUDING TRANSFER OF FUNDS)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $899,569,000, to remain available until expended, of which 
     $63,544,000 shall be available for transfer to the Upper 
     Colorado River Basin Fund and $21,998,000 shall be available 
     for transfer to the Lower Colorado River Basin Development 
     Fund; of which such amounts as may be necessary may be 
     advanced to the Colorado River Dam Fund; of which not more 
     than $500,000 is for high priority projects which shall be 
     carried out by the Youth Conservation Corps, as authorized by 
     16 U.S.C. 1706: Provided further, That such transfers may be 
     increased or decreased within the overall appropriation under 
     this heading: Provided further, That of the total 
     appropriated, the amount for program activities that can be 
     financed by the Reclamation Fund or the Bureau of Reclamation 
     special fee account established by 16 U.S.C. 460l-6a(i) shall 
     be derived from that Fund or account: Provided further, That 
     funds contributed under 43 U.S.C. 395 are available until 
     expended for the purposes for which contributed: Provided 
     further, That $500,000 is provided to the Bureau of 
     Reclamation to advance the Snyderville Basin Water Supply 
     Study Special Report to a Feasibility Level Study and NEPA 
     compliance for the purpose of providing water to Park City 
     and the Snyderville Basin, Utah, as a component of the Weber 
     Basin Project: Provided further, That funds advanced under 43 
     U.S.C. 397a shall be credited to this account and are 
     available until expended for the same purposes as the sums 
     appropriated under this heading: Provided further, That funds 
     available for expenditure for the Departmental Irrigation 
     Drainage Program may be expended by the Bureau of Reclamation 
     for site remediation on a non-reimbursable basis.


                Central Valley Project Restoration Fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $52,219,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
     remain available until expended: Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575: Provided 
     further, That none of the funds made available under this 
     heading may be used for the acquisition or leasing of water 
     for in-stream purposes if the water is already committed to 
     in-stream purposes by a court adopted decree or order.


                    California Bay-Delta restoration

                     (INCLUDING TRANSFER OF FUNDS)

       For carrying out activities authorized by the Calfed Bay 
     Delta Authorization Act, consistent with plans to be approved 
     by the Secretary of the Interior, $37,000,000, to remain 
     available until expended, of which such amounts as may be 
     necessary to carry out such activities may be transferred to 
     appropriate accounts of other participating Federal agencies 
     to carry out authorized purposes: Provided, That funds 
     appropriated herein may be used for the Federal share of the 
     costs of CALFED Program management: Provided further, That 
     the use of any funds provided to the California Bay-Delta 
     Authority for program-wide management and oversight 
     activities shall be subject to the approval of the Secretary 
     of the Interior: Provided further, That CALFED implementation 
     shall be carried out in a balanced manner with clear 
     performance measures demonstrating concurrent progress in 
     achieving the goals and objectives of the Program.


                       Policy and Administration

       For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $57,917,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                        Administrative Provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed 14 passenger motor 
     vehicles, of which 11 are for replacement only.

             General Provisions, Department of the Interior

       Sec. 201. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan'' 
     described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 202. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to pay the 
     salaries and expenses of personnel to purchase or lease water 
     in the Middle Rio Grande or the Carlsbad Projects in New 
     Mexico unless said purchase or lease is in compliance with 
     the purchase requirements of section 202 of Public Law 106-
     60.
       Sec. 203. Funds under this title for Drought Emergency 
     Assistance shall be made available primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors, in compliance with existing State laws and 
     administered under State water priority allocation. Such 
     leases may be entered into with an option to purchase: 
     Provided, That such purchase is approved by the State in 
     which the purchase takes place and the purchase does not 
     cause economic harm within the State in which the purchase is 
     made.
       Sec. 204. The Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, hereafter is 
     authorized to enter into grants, cooperative agreements, and 
     other agreements with irrigation or water districts and 
     States to fund up to 50 percent of the cost of planning, 
     designing, and constructing improvements that will conserve 
     water, increase water use efficiency, or enhance water 
     management through measurement or automation, at existing 
     water supply projects within the States identified in the Act 
     of June 17, 1902, as amended, and supplemented: Provided, 
     That when such improvements are to federally owned 
     facilities, such funds may be provided in advance on a non-
     reimbursable basis to an entity operating affected 
     transferred works or may be deemed non-reimbursable for non-
     transferred works: Provided further, That the calculation of 
     the non-Federal contribution shall provide for consideration 
     of the value of any in-kind contributions, but shall not 
     include funds received from other Federal agencies: Provided 
     further, That the cost of operating and maintaining such 
     improvements shall be the responsibility of the non-Federal 
     entity: Provided further, That this section shall not 
     supercede any existing project-specific funding authority: 
     Provided further, That the Secretary is also hereafter 
     authorized

[[Page S7775]]

     to enter into grants or cooperative agreements with 
     universities or non-profit research institutions to fund 
     water use efficiency research.
       Sec. 205. Rio Grande Collaborative Water Operations Team. 
     The Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, and the Secretary 
     of the Army, acting through the Army Corps of Engineers, 
     shall jointly lead and may enter into agreements with other 
     Federal, State, and non-Federal entities with water rights in 
     the Rio Grande Basin to form a Collaborative Water Operations 
     Team in order to cooperate on water management and riparian 
     actions in order to optimize the supply of water throughout 
     the basin and meet other Federal obligations. The Rio Grande 
     Collaborative Water Operations Team shall undertake to 
     develop a master plan for the Rio Grande River and its 
     tributaries within the State of New Mexico that integrates 
     all Federal actions and where possible considers all non-
     Federal actions for water management including improvement of 
     agriculture efficiency, environmental restoration and 
     management, ecological improvements and management, 
     scientific investigations, flood control, recreation 
     development and similar water and land management efforts.
       Sec. 206. Water Desalination Act. Section 8 of Public Law 
     104-298 (The Water Desalination Act of 1996) (110 Stat. 3624) 
     as amended by section 210 of Public Law 108-7 (117 Stat. 146) 
     and by section 6015 of Public Law 109-13 is amended by--
       (1) in paragraph (a) by striking ``2005'' and inserting in 
     lieu thereof ``2010''; and
       (2) in paragraph (b) by striking ``2005'' and inserting in 
     lieu thereof ``2010''.
       Sec. 207. Section 17(b) of the Colorado Ute Indian Water 
     Rights Settlement Act of 1988 as amended (Public Law 100-585, 
     102 Stat. 2973; Public Law 106-554, 114 Stat. 2763A-266) is 
     amended by striking ``within 7 years'' and all that follows 
     through ``following the date of enactment of this section'' 
     and inserting ``for each of fiscal years 2006 through 2012''.
       Sec. 208. (a) Notwithstanding section 217(a)(3) of the 
     Energy and Water Development Appropriations Act, 2004 (Public 
     Law 108-137; 117 Stat. 1853), and in accordance with section 
     804(f) of title VIII of the Clark County Conservation of 
     Public Land and Natural Resources Act of 2002 (Public Law 
     107-282; 116 Stat. 2016), the State of Nevada shall not be 
     responsible for any of the payments described in section 
     804(b)-(e) of title VIII of Public Law 107-282 associated 
     with the conveyance of the Humboldt Project. The State of 
     Nevada shall be subject to the reconveyance provisions 
     contained in the last sentence of section 804(f).
       (b)(1) Using amounts made available under section 2507 of 
     the Farm and Security Rural Investment Act of 2002 (Public 
     Law 107-171, Title II, Subtitle F; 116 Stat. 275), the 
     Secretary of the Interior, acting through the Commissioner of 
     Reclamation, may expend up to $1,000,000 to cover both the 
     Secretary's share and the State of Nevada's share of the 
     following costs provided by section 804(c)-(e) of Public Law 
     107-282 incurred by the conveyance of the State of Nevada's 
     share of the Humboldt Project:
       (A) administrative costs;
       (B) real estate transfer costs; and
       (C) the costs associated with complying with--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (ii) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.).
       (2) The amounts appropriated by this section shall be in 
     addition to the $270,000 appropriated by section 217(a)(3) of 
     Public Law 108-137.
       Sec. 209. (a)(1) Using amounts made available under section 
     2507 of the Farm and Security Rural Investment Act of 2002 
     (43 U.S.C. 2211 note; Public Law 107-171), the Secretary 
     shall provide not more than $70,000,000 to the University of 
     Nevada--
       (A) to acquire from willing sellers land, water appurtenant 
     to the land, and related interests in the Walker River Basin, 
     Nevada; and
       (B) to establish and administer an agricultural and natural 
     resources center, the mission of which shall be to undertake 
     research, restoration, and educational activities in the 
     Walker River Basin relating to--
       (i) innovative agricultural water conservation;
       (ii) cooperative programs for environmental restoration;
       (iii) fish and wildlife habitat restoration; and
       (iv) wild horse and burro research and adoption marketing.
       (2) In acquiring interests under paragraph (1)(A), the 
     University of Nevada shall make acquisitions that the 
     University determines are the most beneficial to--
       (A) the establishment and operation of the agricultural and 
     natural resources research center authorized under paragraph 
     (1)(B); and
       (B) environmental restoration in the Walker River Basin.
       (b)(1) Using amounts made available under section 2507 of 
     the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary shall provide 
     not more than $10,000,000 for a water lease and purchase 
     program for the Walker River Paiute Tribe.
       (2) Water acquired under paragraph (1) shall be--
       (A) acquired only from willing sellers;
       (B) designed to maximize water conveyances to Walker Lake; 
     and
       (C) located only within the Walker River Paiute Indian 
     Reservation.
       (c) Using amounts made available under section 2507 of the 
     Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary, acting through 
     the Commissioner of Reclamation, shall provide--
       (1) $10,000,000 for tamarisk eradication, riparian area 
     restoration, and channel restoration efforts within the 
     Walker River Basin that are designed to enhance water 
     delivery to Walker Lake, with priority given to activities 
     that are expected to result in the greatest increased water 
     flows to Walker Lake; and
       (2) $5,000,000 to the United States Fish and Wildlife 
     Service, the Walker River Paiute Tribe, and the Nevada 
     Division of Wildlife to undertake activities, to be 
     coordinated by the Director of the United States Fish and 
     Wildlife Service, to complete the design and implementation 
     of the Western Inland Trout Initiative and Fishery 
     Improvements in the State of Nevada with an emphasis on the 
     Walker River Basin.
       Sec. 210. Norman, Oklahoma. (a) Authorization to Conduct 
     Feasibility Study.--
       (1) Feasibility study.--In accordance with Federal 
     reclamation law, the Secretary of the Interior (referred to 
     as ``Secretary''), acting through the Bureau of Reclamation 
     and in consultation with the State of Oklahoma, Central 
     Oklahoma Master Conservancy District (referred to as 
     ``District''), and other interested local entities, is 
     authorized to conduct a study to determine the feasibility 
     of:
       (A) implementing water augmentation alternatives that would 
     provide additional water to meet the future needs of the 
     District's member cities and surrounding area;
       (B) making use of existing Norman Project infrastructure to 
     store, regulate and deliver water to meet current and future 
     water demands; and
       (C) increasing the capacity of existing Norman Project 
     infrastructure in order to meet the projected demands.
       (2) Cost sharing.--The Federal share of the cost of the 
     study authorized in this Act shall not exceed 50 percent of 
     the total cost of the study, and shall be non-reimbursable.
       (3) Cooperative agreements.--The Secretary is authorized to 
     enter into cooperative agreements with the State of Oklahoma 
     and other appropriate entities to complete the feasibility 
     study authorized in this Act.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out the Federal share under subsection 
     (a).
       Sec. 211. Section 207 of Division C of Public Law 108-447 
     is amended by inserting ``, and any effects of inflation 
     thereon,'' after the word ``increase''.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                     Energy Supply and Conservation

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy supply and energy 
     conservation 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, $1,945,330,000, to 
     remain available until expended.

                         Clean Coal Technology


                               (deferral)

       Of the funds made available under this heading for 
     obligation in prior years, $257,000,000 shall not be 
     available until October 1, 2006: Provided, That funds made 
     available in previous appropriations Acts shall be made 
     available for any ongoing project regardless of the separate 
     request for proposal under which the project was selected.

                 Fossil Energy Research and Development

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, the hire 
     of passenger motor vehicles, the hire, maintenance, and 
     operation of aircraft, the purchase, repair, and cleaning of 
     uniforms, the reimbursement to the General Services 
     Administration for security guard services, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $641,646,000, to remain available until expended, of which 
     $18,000,000 is to continue a multi-year project coordinated 
     with the private sector for FutureGen, without regard to the 
     terms and conditions applicable to clean coal technological 
     projects: Provided, That the initial planning and research 
     stages of the FutureGen project shall include a matching 
     requirement from non-Federal sources of at least 20 percent 
     of the costs: Provided further, That any demonstration 
     component of such project shall require a matching 
     requirement from non-Federal sources of at least 50 percent 
     of the costs of the component: Provided further, That of the 
     amounts provided, $100,000,000 is available, after 
     coordination with the private sector, for a request for 
     proposals for a Clean Coal Power Initiative providing for 
     competitively-awarded research, development, and 
     demonstration projects to reduce the barriers to continued 
     and expanded coal use: Provided further, That no project may 
     be selected for which sufficient funding is not available to 
     provide for the total project: Provided further, That funds 
     shall be expended in accordance with the provisions governing 
     the use of funds contained under the heading ``Clean Coal 
     Technology'' in 42 U.S.C. 5903d as well as those contained 
     under the heading ``Clean Coal Technology'' in prior 
     appropriations: Provided further, That the Department may 
     include provisions for repayment of Government contributions 
     to individual projects in an amount up to the Government 
     contribution to the project on terms and conditions that are 
     acceptable to the Department including repayments from sale 
     and licensing of

[[Page S7776]]

     technologies from both domestic and foreign transactions: 
     Provided further, That such repayments shall be retained by 
     the Department for future coal-related research, development 
     and demonstration projects: Provided further, That any 
     technology selected under this program shall be considered a 
     Clean Coal Technology, and any project selected under this 
     program shall be considered a Clean Coal Technology Project, 
     for the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 
     60 of title 40 of the Code of Federal Regulations: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil and gas: Provided further, That up to 4 
     percent of program direction funds available to the National 
     Energy Technology Laboratory may be used to support 
     Department of Energy activities not included in this account: 
     Provided further, That salaries for Federal employees 
     performing research and development activities at the 
     National Energy Technology Laboratory can continue to be 
     funded from program accounts: Provided further,  That the 
     Secretary of Energy is authorized to accept fees and 
     contributions from public and private sources, to be 
     deposited in a contributed funds account, and prosecute 
     projects using such fees and contributions in cooperation 
     with other Federal, State, or private agencies or concerns: 
     Provided further, That revenues and other moneys received by 
     or for the account of the Department of Energy or otherwise 
     generated by sale of products in connection with projects of 
     the Department appropriated under the Fossil Energy Research 
     and Development account may be retained by the Secretary of 
     Energy, to be available until expended, and used only for 
     plant construction, operation, costs, and payments to cost-
     sharing entities as provided in appropriate cost-sharing 
     contracts or agreements.

                 Naval Petroleum and Oil Shale Reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, including the hire of passenger 
     motor vehicles, $21,500,000, to remain available until 
     expended: Provided, That, notwithstanding any other provision 
     of law, unobligated funds remaining from prior years shall be 
     available for all naval petroleum and oil shale reserve 
     activities.

                      Elk Hills School Lands Fund

       For necessary expenses in fulfilling installment payments 
     under the Settlement Agreement entered into by the United 
     States and the State of California on October 11, 1996, as 
     authorized by section 3415 of Public Law 104-106, 
     $48,000,000, for payment to the State of California for the 
     State Teachers' Retirement Fund, of which $36,000,000 will be 
     derived from the Elk Hills School Lands Fund.

                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), including the 
     hire of passenger motor vehicles, the hire, maintenance, and 
     operation of aircraft, the purchase, repair, and cleaning of 
     uniforms, the reimbursement to the General Services 
     Administration for security guard services, $166,000,000, to 
     remain available until expended.

                   Energy Information Administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $85,926,000, to remain 
     available until expended.

                   Non-Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup 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, and the purchase of 
     not to exceed six passenger motor vehicles, of which five 
     shall be for replacement only, $353,219,000, to remain 
     available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, as amended, and title X, subtitle A, of 
     the Energy Policy Act of 1992, $561,498,000, to be derived 
     from the Fund, to remain available until expended, of which 
     $0 shall be available in accordance with title X, subtitle A, 
     of the Energy Policy Act of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science 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 facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed forty-seven 
     passenger motor vehicles for replacement only, including not 
     to exceed one ambulance and two buses, $3,702,718,000, to 
     remain available until expended.

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of the Nuclear Waste Policy Act of 1982, Public Law 
     97-425, as amended (the ``Act''), including the acquisition 
     of real property or facility construction or expansion, 
     $300,000,000, to remain available until expended and to be 
     derived from the Nuclear Waste Fund: Provided, That of the 
     funds made available in this Act for Nuclear Waste Disposal, 
     $3,500,000 shall be provided to the State of Nevada solely 
     for expenditures, other than salaries and expenses of State 
     employees, to conduct scientific oversight responsibilities 
     and participate in licensing activities pursuant to the Act: 
     Provided further, That notwithstanding the lack of a written 
     agreement with the State of Nevada under section 117(c) of 
     the Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
     amended, not less than $500,000 shall be provided to Nye 
     County, Nevada, for on-site oversight activities under 
     section 117(d) of that Act: Provided further, That $8,500,000 
     shall be provided to affected units of local governments, as 
     defined in the Act, to conduct appropriate activities and 
     participate in licensing activities: Provided further, That 
     the distribution of the funds as determined by the units of 
     local government shall be approved by the Department of 
     Energy: Provided further, That the funds for the State of 
     Nevada shall be made available solely to the Nevada Division 
     of Emergency Management by direct payment and units of local 
     government by direct payment: Provided further, That within 
     90 days of the completion of each Federal fiscal year, the 
     Nevada Division of Emergency Management and the Governor of 
     the State of Nevada and each local entity shall provide 
     certification to the Department of Energy that all funds 
     expended from such payments have been expended for activities 
     authorized by the Act and this Act: Provided further, That 
     failure to provide such certification shall cause such entity 
     to be prohibited from any further funding provided for 
     similar activities: Provided further, That none of the funds 
     herein appropriated may be: (1) used directly or indirectly 
     to influence legislative action on any matter pending before 
     Congress or a State legislature or for lobbying activity as 
     provided in 18 U.S.C. 1913; (2) used for litigation expenses; 
     or (3) used to support multi-State efforts or other coalition 
     building activities inconsistent with the restrictions 
     contained in this Act: Provided further, That all proceeds 
     and recoveries realized by the Secretary in carrying out 
     activities authorized by the Act, including but not limited 
     to, any proceeds from the sale of assets, shall be available 
     without further appropriation and shall remain available 
     until expended.

                      Departmental Administration


                     (including transfer of funds)

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $35,000, $280,976,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $123,000,000 in 
     fiscal year 2006 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during fiscal 
     year 2006, and any related unappropriated receipt account 
     balances remaining from prior years' miscellaneous revenues, 
     so as to result in a final fiscal year 2006 appropriation 
     from the general fund estimated at not more than 
     $157,976,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $43,000,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities


                     (including transfer of funds)

       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 weapons 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; and the purchase of 
     not to exceed 40 passenger motor vehicles, for replacement 
     only, including not to exceed two buses; $6,554,024,000, to 
     remain available until expended: Provided, That the 
     $65,564,000 is authorized to be appropriated for Project 01-
     D-108, Microsystems and Engineering Sciences Applications 
     (MESA), Sandia National Laboratories, Albuquerque, New 
     Mexico: Provided further, That $65,000,000 is authorized to 
     be appropriated for Project 04-D-125, Chemistry and 
     Metallurgy Research Building Replacement project, Los Alamos 
     Laboratory, Los Alamos, New Mexico.

                    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 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, $1,729,066,000, to remain available until 
     expended.

[[Page S7777]]

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors 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, $799,500,000, 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, $343,869,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup 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, $6,366,771,000, to 
     remain available until expended.

                        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, construction, 
     or expansion, and the purchase of not to exceed ten passenger 
     motor vehicles for replacement only, including not to exceed 
     two buses; $665,001,000, 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 
     expansion, $277,000,000, 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 2006, 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 
     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: 
     Provided, That, notwithstanding 31 U.S.C. 3302, up to 
     $32,713,000 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 section 5 of the Flood Control Act of 1944 (16 
     U.S.C. 825s), as applied to the southwestern 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 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.

 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: Provided, 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 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 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 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, $220,400,000, 
     to remain available until expended: Provided, 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: 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 restructuring 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).
       Sec. 302. None of the funds appropriated by this Act may be 
     used to augment the funds made available for obligation 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 Department 
     of Energy submits a reprogramming request to the appropriate 
     congressional committees.
       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 appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     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 Administration may 
     be used to enter into any agreement to perform 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. 306. (a)(1) None of the funds in this or any other 
     appropriations Act for fiscal year 2006 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 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 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 competition for the management and 
     operation of Ames Laboratory, Argonne National Laboratory, 
     Lawrence 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 
     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 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

[[Page S7778]]

     setting forth, in specificity, the substantive reasons why 
     the Secretary believes the requirement for competition should 
     be waived for this particular 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 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 Department 
     shall employ full and open competition in selecting 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 Technology 
     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 national 
     security programs, not more than an amount equal 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, Missouri;
       (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 
     authorized 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 
     Authorization 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 Environmental Technology Site include: (1) ash 
     residues; (2) salt 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 Environmental Technology Site''.
       Sec. 311. Advanced Simulation Computing. None of the funds 
     appropriated by this Act for the National Nuclear Security 
     Administration (NNSA) Advanced Simulation and Computing 
     program may be used to fund any project that does not 
     directly support the stockpile stewardship mission of NNSA 
     unless the NNSA Administrator determines 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 percent.
       (b) The cost of project vehicles, related facilities, and 
     other activities funded from the Federal Transit 
     Administration Sections 5307, 5308, 5309, and 5314 program, 
     including the non-Federal share for the FTA funds, is an 
     eligible 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.
       (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 
     beginning in fiscal year 2004.
       Sec. 313. Laboratory Directed Research and Development. Of 
     the funds made available by the Department of Energy for 
     activities at government-owned, contractor-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 laboratories 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 production 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 Contractors.
       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 implement 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.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the alternate on the Appalachian Regional 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 passenger motor vehicles, 
     $65,482,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     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, notwithstanding 
     sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
     $12,000,000, to remain available until expended.

                           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 Juneau/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 housing 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 facilities 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 television or radio station; (2) the 
     Public Broadcasting Digital Distribution Network to link 
     rural broadcasting facilities together to improve economies 
     of scale, share programming, and reduce operating costs; and 
     (3) rural public broadcasting 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 amended, 
     including official representation expenses (not to exceed 
     $15,000), purchase of promotional items for use in the 
     recruitment 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 revenues from 
     licensing fees, inspection services, and other services 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 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 appropriation estimated at not more 
     than $135,733,000: Provided further, That section 6101 of the 
     Omnibus Budget Reconciliation 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 General 
     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 
     estimated 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 
     appropriation 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, section 
     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 instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.

[[Page S7779]]

       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2006''.

  The committee amendment in the nature of a substitute was agreed to.
  Mr. FRIST. Mr. President, Members have been asking about the schedule 
for tonight. We are proceeding to the Energy and Water appropriations 
bill. The chairman and ranking member will begin shortly. I do not 
believe we have many amendments to the bill. We will finish the bill 
tonight. I know the Senator from California will have an amendment, and 
it will require some debate and a vote.
  We can begin that amendment--or I will leave it to the chair and 
ranking member at this time. But the plans will be to have further 
rollcall votes, and we will complete the bill tonight.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada is recognized.
  Mr. REID. Mr. President, I am wondering, while the manager and 
everybody else is on the floor--we know we have at least one amendment 
that will take some debate. I am wondering if everybody wants a vote on 
final passage.
  We can do that. It will take a while to get through all this. There 
are no surprises. It has been around for a while. I am going to be 
here, anyway, so it does not matter to me. I am wondering if we need to 
have a rollcall vote on final passage.
  Mr. McCAIN. If the minority leader will yield, I was told there is a 
whole stack of amendments going to be considered. I am sure some will 
require rollcall votes.
  Mr. REID. We will certainly keep that in mind, but we also have an 
opportunity when the conference report comes back to take a look at it 
again if someone needs a recorded vote. As we always do, we will work 
with the Senator from Arizona, and if there are questions, of course, 
we will be ready to have a rollcall vote.
  The PRESIDING OFFICER (Mr. Ensign). The Senator from New Mexico.
  Mr. DOMENICI. Mr. President, before the Senator from Arizona leaves, 
before we started, we were aware of only one person--until the Senator 
from Arizona spoke, and we understand Senator McCain is going to see 
what he wants to do--who wanted a rollcall vote. Now we will look for 
any others and will be glad to work with the Senator's people. If he 
will tell us now, we will share anything he would like as soon as 
possible.
  For the information of the Senate, Senator Feinstein--permit me to 
editorialize a minute--has offered this amendment, or something like 
it, a couple times. We have voted on it, but she wants substantial 
time, and certainly that is her privilege. We will not take much time 
in opposition.
  For the benefit of our colleagues, how long does the Senator from 
California intend to take?
  Mrs. FEINSTEIN. I will take 15 minutes, Senator Kennedy 30 minutes, 
Senator Levin 15 minutes, and Senator Clinton 5 minutes.
  Mr. REID. Mr. President, I ask unanimous consent that be the order of 
those in support of the amendment.
  Mr. DOMENICI. There will be no others?
  The PRESIDING OFFICER. Is there objection?
  Mr. DOMENICI. On our side, unless somebody else wants time--on this 
amendment, do you want time?
  Mr. WARNER. On Feinstein.
  Mr. DOMENICI. In opposition?
  Mr. WARNER. Yes.
  Mr. DOMENICI. Mr. President, that is 15 minutes in opposition, plus 5 
minutes for me. There will be 20 minutes in opposition.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, before we proceed, I say through the Chair 
to the distinguished Senator from Arizona, this is one of the smallest 
managers' packages I have ever seen. I think we have eight or nine 
items in it, and they are ready for review right now.
  Mr. McCAIN. Mr. President, for the benefit of the Senator from 
Nevada, there is a large stack of amendments my staff has just been 
handed. Here we are at 10:15 at night, and we have never laid eyes on 
them before. I say again to my colleagues, plan on rollcall votes.
  Mr. REID. We do not have a large stack of amendments.
  Mr. DOMENICI. It is eight items. We will give them all to the Senator 
from Arizona. We have given them to him already.
  Mr. REID. This is one of the smallest managers' packages I have ever 
dealt with.
  Mr. DOMENICI. Mr. President, it is my pleasure to bring the Energy 
and Water bill for fiscal year 2006 to the floor for consideration. 
Thanks to Chairman Cochran and his ranking member, Senator Robert Byrd, 
the subcommittee allocation is $31.2 billion, an amount that is $1.5 
billion over the President's request.
  Chairman Cochran has been generous to this subcommittee, and I am 
committed to supporting priorities that have been neglected or 
underfunded in past budgets.
  There are two priorities within this bill, and they are water and 
science.
  The first priority is water. As all the Members know, the request cut 
water projects below the current year level.
  In addition, the budget has imposed an OMB-originated formula to 
establish priorities among water projects. I don't believe the OMB 
formula is fair, and we have ignored it for purposes of identifying 
worthy Corps projects in this bill.
  I would also like to point out that there is an extensive discussion 
in the report regarding this committee's support of the Corps' ability 
to reprogram funds and utilize continuing contracts as an effective 
tool to manage the over 2,200 Corps projects and studies. The House has 
proposed to eliminate the Corps reprogramming authority and restrict 
its ability to focus resources on critical construction priorities.
  Each construction project is different with numerous challenges, 
including weather, water flows and construction logistics, including 
manpower and materials, that may cause significant delays. On the other 
hand, some projects are able to accelerate their schedule. Using the 
reprogramming authority the Corps is able to keep accelerated projects 
on track by reprioritizing funds from delayed projects.
  I have been contacted by many Members and heard from numerous 
communities who oppose the House language. I share their concerns and 
believe the House proposal is unworkable and would eliminate the Corps' 
ability to prioritize work. These reforms are in the best interest of 
the Corps or taxpayers.
  The subcommittee has also provided funds to offset the $521 million 
in unfunded legislative assumptions included in the budget request 
associated with the management of the Power Marketing Administration.
  The second priority in this bill is science. Funding for both the 
both Office of Science and the Stockpile Stewardship R&D accounts 
within NNSA received increases.
  The budget request reduced the Office of Science funding by $136 
million. This mark restores the cut and more, providing an increase of 
$240 million above the request.
  I am also concerned about the funding reductions to the science-based 
stockpile steward ship accounts. I have attempted to restore this 
scientific capability that is essential to the certification of our 
nuclear deterrent without the validation of underground testing.
  For the benefit of the Senate, I will review the highlights of this 
bill.
  The mark provides $5.29 billion for the Army Corps of Engineers which 
is $966 million above the budget request.
  We have included new construction projects and initiated new study 
starts.
  This bill ignores the OMB-developed formulation for the Corps as it 
would negatively impact rural projects and projects that have already 
begun construction.
  This mark also ignores the administration's decision not to fund 
beach renourishment. These projects are very important to many 
communities and likewise members of the Senate.
  For the Bureau of Reclamation, this bill provides just over $1.08 
billion, an increase of $130 million above the President's request. 
This project support water projects in 17 Western States and provides 
$60 million for Animas La Plata, an increase of $8 million over the 
reuestst. The committee provides full funding for Cal Fed of $37 
million, and provides the current year funding for Water 2025.
  For the Department of Energy, the mark provides $25.04 billion.

[[Page S7780]]

  For nuclear weapons activities of the National Nuclear Security 
Administration), NNSA, the bill provides $6.55 billion, which is $76 
million under the President's request.
  This decrease is a result of the $222 million transfer of cleanup 
operations out of the NNSA to the Office of Environmental Management 
and a reduction in the NIF construction program.
  The committee mark increases are targeted to the science-based 
Stockpile Stewardship Program. Funding for the science, engineering and 
advanced computing campaigns are up $164 million.
  For nuclear nonproliferation activities the Senate bill provides $1.7 
billion, which is $91.8 million above the request and $236 million 
above the current year level.
  I think it is also important to mention that this subcommittee mark 
fully funds the plutonium disposition program, including $362.5 million 
for the construction of both the Pit  Disassembly facility and well as 
Mixed Oxide Fuel Fabrication Facility in South Carolina.

  This facility is our only pathway to permanently eliminate excessive 
and dangerous plutonium supplies. The NNSA spends tens of millions of 
dollars to protect this material that will not be necessary if we are 
able to turn plutonium into commercial nuclear fuel. It is our Nation's 
best opportunity to undertake reprocessing.
  The administration is making good headway in negotiations with the 
Russians, which I believe warrants full funding of this critical 
project.
  For the Yucca Mountain project, the Senate bill provides $577 
million, which is consistent with current year funding and $65 million 
below the President's request.
  This mark does not take a position on developing an interim storage 
facility. While I personally believe that a central interim storage 
facility makes sense, this bill is not the proper vehicle to have this 
debate.
  For the Energy Supply and Conservation Programs the subcommittee mark 
provides $1.9 billion, an increase of $195 million above the request.
  For nuclear energy R&D, the bill provides $499.9 million, which is 
$60 million above the President's request and $64 million over the 
current year levels.
  Also, Nuclear Power 2010, $76 million, an increase of $20 million and 
Advanced Fuel Concepts Initiative, $85 million is provided, an increase 
of $15 million.
  For the Office of Science, the bill provides $3.7 billion, an 
increase of $240 million above the request and $102 million above the 
current year level. We have provided $100 million to ensure that DOE 
facilities operate at 100 percent capacity. A $40 million increase has 
been provided to accelerate the four planned facilities under the 
Genomes to Life program. And $30 million is provided to establish a 
nanotechnology transfer account.
  For independent agencies, the mark provides: $67 million for the 
Denali Commission; $65.5 million for the Appalachian Regional 
Commission; $12 million for the Delta Regional Authority, an increase 
of $6 million over the President's request; and $734 million for the 
Nuclear Regulatory Commission, an increase of $41 million over the 
current year level.
  Mr. President, to reiterate, I suggest there are many here worried 
about water projects and the Corps of Engineers. This is the bill for 
all American water projects, the Corps, the Bureau of Land Management, 
and any others. This bill funds that at a level of $1.8 billion. That 
is $130 million more than the President and $63 million more than 
current level.
  This bill covers the Department of Energy. It covers all of the 
stockpile stewardship activities. It covers nonproliferation 
activities. That is one for which the President has asked for 
substantial money.
  Renewable R&D is in this bill with very substantial funding. There is 
nuclear research and development and, most importantly, we have 
substantially increased basic science research. This bill and this 
Department does a little more than one-third of the entire Nation's 
basic science funding. We thought this was a year to increase it, not 
decrease it. We have been told this is a time to increase it because we 
have increased funding for health sciences over the past 10 to 12 years 
but not basic science. We found money from other places to increase 
that.
  This bill also includes money for nuclear waste disposal. That has 
been very difficult. It also has Yucca Mountain and has the cleanup. It 
also has three or four independent agencies.
  Mr. REID. Mr. President, I rise in support of the fiscal year 2006 
Energy and Water Appropriations Act as reported by the Committee on 
Appropriations on June 14, 2006.
  This is a good bill, one that is fair to all of our Members and one 
that I am pleased to support. There is always more that can be done, 
but, given fiscal realities, this is a great effort. Chairman Domenici 
deserves enormous credit for putting together such a comprehensive and 
far-reaching bill.
  My staff tells me that we have added nearly $1.5 billion to this 
bill. I find that figure to be misleading. The vast majority of the 
dollars we have added to this bill have been used to undo budget 
gimmicks that were, as usual, submitted with the administration's 
request and that Congress has wisely chosen to reject.
  More importantly, this bill corrects oversights and large-scale 
neglect on the part of the administration, particularly in regards to 
the U.S. Army Corps of Engineers.
  When the administration sends up a budget that not only deletes the 
priorities of Congress, but also deletes their own priorities of just a 
few months ago, something is wrong.
  Fully 65 percent of the funds added to this bill have been spent 
within the U.S. Army Corps of Engineers, mostly to try to restore cuts 
that would halt construction on hundreds of projects nationwide. Many 
of the construction projects slated for termination are in their final 
year of construction.
  Only OMB could dream up a budget request that would forego tens of 
millions of dollars in future economic benefits to save a couple of 
bucks this year.
  Chairman Domenici and I have heard our colleagues with unmistakable 
clarity:
  Our Members want flood control projects to protect their citizens.
  Our Members want navigation projects to allow goods and services to 
more easily get into the international marketplace.
  Our Members want rural water projects that will allow rural Americans 
to have access to the same safe drinking water that our citizens in 
cities and suburbs take for granted.
  We have heard our colleagues, and we have acted. My only regret is 
that we could not do more.
  I am also delighted with the emphasis that Chairman Domenici has 
placed on science in this bill.
  The Energy and Water bill contains one of the largest pots of funding 
for long-term research and development in the physical sciences to be 
found anywhere in our Federal Government. In fiscal year 2006, we will 
invest over $3.7 billion in DOE's Office of Science, $240 million more 
than the request.
  The administration's request reduced user time on national science 
facilities to as few as zero to 5 weeks in many cases.
  That is ridiculous. Year after year Congress shells out tens if not 
hundreds of millions of dollars to build world class scientific user 
facilities, such as the Spallation Neutron Source and others, and then 
the administration does not even bother to fund their operation. It 
just strikes me as amazingly short-sighted and disappointing.
  However, I am very pleased that we have been able to restore optimum 
operations at all of these facilities nationwide without harming any of 
the other base programs.
  Our bill also provides impressive funding for research and 
development in renewable energy, fossil energy, and nuclear energy. All 
in all, this is a balanced bill that will help us improve our Nation's 
energy future on many different fronts. As we all know, Chairman 
Domenici was able to send a comprehensive energy bill into conference 
earlier this week and that is a huge accomplishment. However, it is in 
this bill, the Energy and Water Appropriations Act, that the actual 
funding for energy research and development can be found. 
Authorizations are nice, but appropriated dollars are better.
  As always, I would like to take a moment before wrapping up to thank 
the Energy and Water Subcommittee staff

[[Page S7781]]

for their fine work on this bill. First, Chairman Domenici hired a new 
clerk this year, Scott O'Malia. As always, the transition between 
clerks has been seamless. Also thanks to Emily Brunini who joined the 
subcommittee last year from Chairman Cochran's staff.
  Roger Cockrell has had the unenviable task of working on water for 
both the majority and minority this year and has done an outstanding 
job for all 100 Members. I look forward to him returning to my staff 
next year.
  Finally, thanks to Drew Willison and Nancy Olkewicz of my staff. They 
both do a great job for me on this bill, and Nancy also works for 
Senator Durbin on the legislative branch bill.
  The PRESIDING OFFICER. The Senator from California.


                           Amendment No. 1085

  Mrs. FEINSTEIN. Mr. President, on behalf of Senators Kennedy, 
Feingold, Dorgan, Levin, Wyden, Clinton, Mikulski, Lautenberg, Boxer, 
Reed, Harkin, and Biden, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein], for herself, 
     Mr. Kennedy, Mr. Feingold, Mr. Dorgan, Mr. Levin, Mr. Wyden, 
     Mrs. Clinton, Ms. Mikulski, Mr. Lautenberg, Mrs. Boxer, Mr. 
     Reed, Mr. Harkin, and Mr. Biden, proposes an amendment 
     numbered 1085.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To prohibit the use of funds for the Robust Nuclear Earth 
   Penetrator and utilize the amount of funds otherwise available to 
                       reduce the National debt)

       At the appropriate place, insert the following:
       Sec. __. (a) Prohibition on Use of Funds for Robust Nuclear 
     Earth Penetrator.--None of the funds appropriated or 
     otherwise made available by this Act may be used for any 
     purpose related to the Robust Nuclear Earth Penetrator 
     (RNEP).
       (b) Utilization of Amount for Reduction of Public Debt.--Of 
     the amounts appropriated by this Act, an amount equal to the 
     amount of funds covered by the prohibition in subsection (a) 
     shall not be obligated or expended, but shall be utilized 
     instead solely for purposes of the reduction of the public 
     debt.

  Mrs. FEINSTEIN. Mr. President, I was 13 years old when I saw this 
picture. When we discuss nuclear weapons, this is the picture I 
remember. The only country on Earth that has ever used nuclear weapons 
is our own. It has been debated ever since whether this was positive 
because it saved American troops and ended the war or whether it has 
launched our country and other countries into a race which well could 
prove disastrous for all of us.
  This is a photograph of Hiroshima after the nuclear bomb was dropped 
on the city on August 6, 1945. Mr. President, 80,000 people died from 
the initial blast and 60,000 people died from radiation poisoning, for 
a total of 140,000 people dead. And that bomb was 15 kilotons.
  The second photograph is of Nagasaki after August 9, 1945. 
Approximately 75,000 of the city's 240,000 residents were killed 
instantly. In total, approximately 100,000 people died in the blast.
  I rise today once again to address a critical issue that is related 
to the security of the American people and our nuclear proliferation 
efforts: the renewed push by this administration to reopen the nuclear 
door, including funding for a 100-kiloton nuclear bunker buster.
  I have argued this on the Senate floor before, that such actions, 
combined with the policy of unilateralism and preemption, run counter 
to our values and nonproliferation efforts and put U.S. national 
security interests and American lives at risk. Therefore, those of us 
who are cosponsors of this amendment wish to delete the $4 million, for 
the study and development of the robust nuclear earth penetrator. The 
amendment redirects the funds for debt reduction.
  The time has come for this Senate, like the House has done in this 
bill, to send a clear and unambiguous message to the White House and 
the Pentagon: We will not support funding for programs to develop new 
nuclear weapons.
  Congress made a strong statement last year in deleting funding for 
the development of this nuclear bunker buster by eliminating $27.5 
million for the bunker buster, $9 million for the advanced concepts 
initiative, which included the study of the development of low-yield 
weapons. This action was due in no small part to the leadership of 
Representative David Hobson, chairman of the House Appropriations 
Energy Committee. The House took a strong position of opposition and 
they are to be commended.
  In fact, the House removed new nuclear weapons from all bills, 
including the Fiscal Year 2006 Defense authorization bill, the Fiscal 
Year 2006 Defense appropriations bill, and the 2006 Energy 
appropriations bill. This was a consequential victory for those of us 
who believe the United States sends the wrong signal to the rest of the 
world by reopening the nuclear door and beginning the testing and 
development of a new generation of nuclear weapons. That is why I was 
so disappointed to learn that the administration requested funds this 
year to resume the nuclear earth penetrator study.
  As a matter of fact, this year Secretary Rumsfeld asked the 
Department of Energy to place the $4 million in the energy budget and 
$4.5 million in the defense budget, thereby splitting the amount 
requested for the bunker buster. He hoped to weaken opposition and 
split the budget between two Departments so that if it could not get 
funding in one, he could get it in the other. The House had the 
foresight to reject this idea and has reasserted its determination not 
to move forward with the bunker buster study.
  During its markup on the 2006 Defense authorization bill, the House 
Armed Services Committee eliminated all the Department of Energy 
funding for the RNEP, and transferred the $4 million to the Air Force 
budget for work on a conventional nonnuclear version of the bunker 
buster. The House Armed Services Committee member, Silvestre Reyes, 
stated: The committee took the ``N,'' or ``nuclear,'' out of the RNEP 
program.
  Following the Armed Services Committee action, Chairman Hobson and 
Representative Ellen Tauscher led the effort to eliminate the 
Department of Energy funding of $4 million for the bunker buster in its 
markup in the 2006 Energy and Water appropriations bill. That bill also 
eliminated funding for the modern pit facility and banned site 
selection for the facility in 2006.
  Finally, the House 2006 Defense appropriations bill limits research 
for a bunker buster to a conventional program. These three actions by 
authorizers and appropriators, Republicans and Democrats alike, have 
dealt another blow to the administration's plans to develop new nuclear 
weapons and reinforced the clear intent of Congress that we should not 
go down that path because it will only encourage the very proliferation 
we are trying to prevent.
  Why should the Senate continue to fund programs that are rapidly 
losing support in the House and the administration? Now the Senate has 
an opportunity to follow the House's lead. Senator Kennedy and I and 
others have come to the floor to offer this amendment to do just that.
  During previous debates on this issue, we have argued that according 
to the laws of physics, it is simply not possible for a missile casing 
on a nuclear warhead to survive a thrust into the earth to take out a 
hard and deeply buried military target without spewing millions of tons 
of cubic feet of radiation into the atmosphere. Consider this: A 1-
kiloton nuclear weapon detonated 25 to 50 feet underground would dig a 
crater the size of Ground Zero in New York and eject 1 million cubic 
feet of radioactive debris into the air.
  Given the insurmountable physics problems associated with burrowing a 
warhead deep into the earth, one would need a weapon with more than 100 
kilotons of yield to destroy an underground target at a depth of 1,000 
feet.
  Now let me explain. The maximum feasible depth of a bunker buster is 
35 feet. At that depth, a 100-kiloton bunker buster would scatter 100 
million cubic feet of radioactive debris into the atmosphere. There is 
no known missile casing that can survive a 1,000-foot thrust into the 
Earth and avoid overwhelming and catastrophic consequences. That is a 
fact. There is not a single scientist who will say that.

[[Page S7782]]

The head of the National Nuclear Security Administration agrees.
  At the March 2, 2005, House Armed Services Strategic Forces 
Subcommittee, Congresswoman Ellen Tauscher asked Ambassador Linton 
Brooks, the following question:

       I just want to know is there any way a [robust nuclear 
     earth penetrator] of any size that we would drop would not 
     produce a huge amount of radioactive debris?

  The Ambassador replied:

       No, there is not.

  When Congresswoman Tauscher asked him how deep he thought a bunker 
buster could go, he answered:

       . . . a couple of tens of meters, maybe. I mean certainly--
     I must apologize for my lack of precision if we in the 
     administration have suggested that it was possible to have a 
     bomb that penetrated far enough to trap all fallout. I don't 
     believe that--I don't believe the law of physics will ever 
     let that be true.

  Here is the head of the National Nuclear Security Administration 
saying there is no way one can drive a missile casing deep enough to 
prevent radioactive spewing.
  Let me just show what this means. For a 100-kiloton weapon, one would 
have to drive it 800 feet deep into the earth to contain the nuclear 
fallout. One can only drive it a small distance: 35 feet. So the result 
is 1.5 million tons of radioactivity. If it is 5 kilotons, one would 
have to drive it 320 feet. One could only drive it 35 feet. The spewing 
of radioactive debris is 200,000 tons. If it is 1 kiloton, one would 
have to drive it 220 feet. One could only drive it 35 feet and the 
radioactivity is 60,000 tons. If it is .2 kilotons, one would have to 
drive it 120 feet. One can only drive it 35 feet, and the radioactive 
spewing is 25,000 tons.
  This is not from me. This is the National Academy of Sciences, 
nuclear scientists, physicists, the head of the National Nuclear 
Security Administration. There is widespread agreement about this. So 
why are we doing it?
  On April 27, the National Academies of Sciences study commissioned by 
Congress to study the anticipated health and environmental effects of 
the Nuclear Earth Penetrator Weapon found that current experience and 
empirical predictions indicate that the Earth-penetrating weapons 
cannot penetrate to depths required for total containment of the 
effects of a nuclear explosion. It would take a 300-kiloton weapon at a 
penetration of 3 meters, or 10 feet, to destroy hard and deeply buried 
targets at 200 meters, or 656 feet.
  To destroy a hard and deeply buried target at 300 meters you would 
need a 1-megaton weapon--not kiloton, megaton. The number of casualties 
from an Earth penetrator weapon detonated at a few meters depth is, for 
all practical purposes, equal to that of a surface burst of the same 
weapon yield.
  That is what the National Academies of Sciences studies say. For 
attacks near or in densely populated areas, using Nuclear Earth 
Penetrator Weapons on hard and deeply buried targets, the number of 
casualties can range from thousands to more than a million, depending 
primarily on weapon yield.
  The bottom line is that a bunker buster cannot penetrate into the 
Earth deeply enough to avoid massive casualties and the spewing of 
millions of cubic feet of radioactive materials into the atmosphere. It 
would result in the death of up to a million people or more if used in 
a densely populated area.
  This chart shows that. The source is the National Resources Defense 
Council and the EPA. What it shows is the predicted radioactive fallout 
from a B61-11 300-kiloton explosion in West Pyongyang, North Korea, 
using historical weather data for the month of May.
  Here is the blast, here is Seoul, here is the radioactive fallout.
  Why are we doing this? It makes no sense.
  I think this is the strongest evidence to date that we should not 
move forward with this study and that we should put a stop to it once 
and for all. In reality, this has never been about a study. It has been 
about the intent of this administration to develop new nuclear weapons. 
While the administration is silent this year on how much it plans to 
spend on the program in the future, last year's budget request totaled 
$485 million on the robust nuclear earth penetrator over 5 years. This 
5-year figure was omitted this year.
  Let's look, for a brief moment, at the policies underlying this 
request, for they, too, have not been changed. The 2002 Nuclear Posture 
Review places nuclear weapons----
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mrs. FEINSTEIN. Mr. President, I yield myself another 5 minutes.
  The 2002 Nuclear Posture Review places nuclear weapons as part of the 
strategic triad. Therefore, the aim is to blur the distinction between 
conventional and nuclear weapons. This makes them easier to use.
  National Security Directive 17 indicates that the United States would 
engage in a first use of nuclear weapons--a historic statement in 
itself. We have never had a first-use policy. We have always had 
strategic ambiguity, but we have never before said we would ever 
countenance a first use of nuclear weapons. In Security Directive 17 it 
is said in response to a chemical or biological attack--and seven 
nations are actually named--we would consider a nuclear response. In 
essence, these policies encourage other nations, and they have 
encouraged North Korea and they have encouraged Iran--those are two of 
the nations suggested--to develop their own nuclear weapons, thereby 
putting American lives and our own national security interests at risk.
  We are telling the world, when it comes to nuclear weapons: Do as we 
say, not as we do. I object to that policy. It is hypocrisy.
  There are alternatives. I have just been briefed by Northrop Grumman 
on a program they are working on with Boeing to develop a conventional 
bunker buster, the Massive Ordnance Penetrator, which is designed to go 
deeper than any nuclear bunker buster and take out 25 percent of 
underground and deeply buried targets. This 30,000-pound weapon, 20 
feet in length, with 6,000 pounds of high explosives, will be delivered 
from a B-2 or a B-52 bomber. It can burrow 60 meters into the ground 
through 5,000 psi of reinforced concrete. It will burrow 8 meters into 
the ground through 10,000 psi reinforced concrete.
  We have already spent $6 million on this program, and design and 
ground testing are scheduled to be completed next year.
  We should focus on conventional programs. The House has said this. 
The Senate should concur.
  We have a solemn obligation to spend our resources in the most 
effective manner and to make this country safer and more secure. That 
is why I am so concerned about this administration's decision to come 
back to Congress and request additional funds for new nuclear weapons.
  I would like to give my kudos and congratulations to the House of 
Representatives. They truly have their heads on straight. I am 
delighted that they have eliminated the authorization and the funding 
for this entire program in the 2006 appropriation. I urge us to do the 
same on just one part of this, which is the nuclear bunker buster, $4 
million.
  I yield 15 minutes to the distinguished Senator from Massachusetts, 
Senator Kennedy.
  Mr. KENNEDY. I thank the Senator. I think I had consent for a half-
hour. I do not expect to use it all.
  Mrs. FEINSTEIN. The Senator is right. I change that to a half-hour.
  Mr. KENNEDY. First, I commend my friend and colleague, Senator 
Feinstein, for her attention to this issue. She has long been an 
advocate for sensible and responsible nuclear arms policy. Again, this 
evening, she is leading the way in the Senate. All of us are grateful 
for her leadership. I welcome the opportunity to join with her in 
offering this amendment.
  It is intended to reverse a reckless proposal by the Bush 
administration to develop a new generation of nuclear weapons.
  We do not ``provide for the common defense,'' as called for in our 
Constitution, by launching a new nuclear arms race and making the world 
more dangerous, but that is precisely what the administration plans to 
do.
  President Bush and Secretary Rumsfeld want to develop a new tactical 
nuclear weapon called the robust nuclear earth penetrator, and their 
hope is that these bunker busters can crash deep into the Earth and 
destroy bunkers and weapons caches. They hold the dangerous and 
misguided belief that our Nation's interests and values are served by 
developing what they consider a more easily usable nuclear bomb.

[[Page S7783]]

  I think most Americans believe that is wrong. Our challenge in 
addressing nuclear nonproliferation issues is not that there are too 
few nuclear weapons in the world but that there are too many; not that 
they are too difficult to use but that they are too easy to use.
  North Korea has them and is rattling its nuclear saber every day. 
Iran is moving forward on the development of nuclear capability. We all 
hope and pray that al-Qaida and other terrorist groups never ever get 
their hands on a nuclear weapon.
  So why on Earth, in this dangerous nuclear world, with the specter of 
a nuclear cloud at the hands of terrorists and rogue states, should the 
United States be adding more nuclear weapons to the global arsenal? 
What moral authority do we have to ask others to give up their nukes if 
we are determined to develop a new generation of nuclear weapons of our 
own?
  For the past 2 years, Congress has raised major doubts about the 
program and significantly cut back on its funding. But the 
administration still presses forward for more work on these robust 
nuclear earth penetrators. Last year, the administration requested $15 
million for it and Congress reluctantly provided half that amount. For 
2005, they requested another $27 million and submitted a 5-year request 
for nearly $500 million. But cooler heads prevailed, and the House 
Appropriations Committee rejected the request. As the committee report 
stated,

       The Committee continues to oppose the diversion of 
     resources and intellectual capital away from the most serious 
     issues that confront the management of the nation's nuclear 
     deterrent . . . The Committee remains unconvinced by the 
     Department's superficial assurance that the RNEP activity is 
     only a study . . . The Committee notes that the management 
     direction for the fiscal year 2004 sent to the directors of 
     the weapons design laboratories left little doubt that the 
     objective of the program was to advance the most extreme new 
     nuclear weapon goals irrespective of any reservations 
     expressed by Congress.

  This year, nothing has changed. The FY06 budget request from the 
President includes $4 million for the Department of Energy to study the 
bunker buster and $4.5 million to the Department of Defense for the 
same purpose. Thankfully our colleagues in the House were wiser and 
decided to eliminate its funding.
  The administration obviously is still committed to this reckless 
approach. Secretary Rumsfeld made his position clear in January, when 
he wrote to Secretary Abraham:

       I think we should request funds in FY06 and FY07 to 
     complete the RNEP study . . . You can count on my support for 
     your efforts to revitalize the nuclear weapons infrastructure 
     and to complete the RNEP study.

  The fiscal year 2006 budget requests funds only to complete the 
feasibility study for these new nuclear weapons. But we already know 
what the next step is. In the budget they sent us last year, the 
administration stated in plain language that they intend to develop it.
  Ambassador Linton Brooks, the head of the National Nuclear Security 
Administration, claims those future budget projections are merely 
placeholders, ``in the event the President decides to proceed with 
development and Congress approves.'' But their fiscal year 2005 budget 
clearly shows the administration's unmistakable intention to develop, 
and ultimately produce, this weapon.
  The Bush administration would like us to believe that this is a 
clean, surgical nuclear weapon. They say it will burrow into 
underground targets and destroy them with no adverse consequences for 
the environment. They can believe all they want, but the science says 
their claims are false.
  The National Academy of Sciences confirms exactly what most of us 
thought--that these nuclear weapons, like other nuclear bombs, result 
in catastrophic nuclear fallout. The fallout can poison tens of 
millions of people and create radioactive lands for years and years to 
come.
  The study goes on to say, ``Current experience and empirical 
predictions indicate that earth-penetrator weapons cannot penetrate to 
depths required for total containment of the effects of a nuclear 
explosion. . . .
  To be fully contained, a 300 kiloton weapon would have to be 
detonated at the bottom of a carefully stemmed emplacement hole about 
800 meters deep. Because the practical penetration depth for an earth 
penetrating weapon is a few meters--a small fraction of the depth for 
the full containment--there will be blast, thermal, initial nuclear 
radiation, and fallout effects from use of an EPW.
  This chart simulates the likely nuclear fallout from a one megaton 
bunker-buster detonated at a hypothetical underground target 20 
kilometers east of an Iranian air force base in Dezful. This model uses 
the same simulation program as the Pentagon's Defense Threat Reduction 
Agency. During summer months, the nuclear fallout is predicted to 
travel 150 to 200 miles, across Iraq and Saudi Arabia. The radiation 
could kill up to 650,000 people.
  Even the person in charge of the program, Linton Brooks, conceded at 
a House Armed Services Committee Hearing on March 2 that the robust 
nuclear earth penetrator could not be used without significant nuclear 
fallout. He stated:

       I really must apologize for my lack of precision if we in 
     the Administration have suggested that it was possible to 
     have a bomb that penetrated far enough to trap all fallout. I 
     don't believe that--I don't believe the laws of physics will 
     ever let that be true.

  This chart depicts a 400 kiloton bunkerbuster hitting underground 
facilities at North Korea's Air Base at Nuchon-ni. Fallout from this 
explosion would blow southeast across the DMZ towards Seoul. This 
attack could kill over 4 million people.
  Even if the United States were willing to accept the catastrophic 
damage a nuclear explosion would cause, the bunkerbuster would still 
not be able to destroy all of the buried bunkers the intelligence 
community has identified.
  So we would have a new bomb that can kill and poison tens of millions 
of civilians, spread fallout for more than a thousand miles, make their 
lands radioactive, but still not destroy its target.
  The huge, one megaton weapon that the administration is contemplating 
cannot reach deeper than 400 meters. All an adversary would have to do 
is bury its bunker below that depth.
  Bunkerbusters also require pinpoint accuracy to hit deeply-buried, 
hardened bunkers. This requires precise intelligence on the location of 
the target. As the National Academy Study emphasized, an attack by a 
nuclear weapon would be effective in destroying weapon or weapons 
materials, including nuclear materials and chemical or biological 
agents, only if it's detonated in the actual chamber where the weapons 
or materials are located. Even more disturbing, if the bomb is even 
slightly off target, the detonation may cause the spread of such deadly 
chemicals and germs, in addition to the radioactive fallout.
  As we know from the Iraq experience, our intelligence isn't always 
accurate. In fact, the Bush administration told us there were weapons 
of mass destruction and there and we had to send in troops to take them 
out. If we had robust nuclear earth penetrators at the time, what if 
this White House had used them against suspected chemical or biological 
bunkers--which turned out not to exist? Charles Duelfer, the head of 
the Iraqi Survey Group, shows us how dangerous this approach could have 
been when he told the Senate Armed Services Committee last October 
that, we were almost all wrong on Iraq. Despite the administration's 
claims, Mr. Duelfer's Comprehensive Report on Iraq's WMD stated, 
``There are no credible indications that Baghdad resumed production of 
chemical weapons.
  The intelligence community still faces many challenges in getting its 
intelligence right. In their report in March for the President's 
Commission on the Intelligence Capabilities of the United States 
Regarding Weapons of Mass Destruction, Laurence Silberman and Chuck 
Robb found that The flaws we found in the Intelligence Community's Iraq 
performance are still all too common. In some cases, it knows less now 
than it did five or ten years ago.
  How can we contemplate using a weapon of this destructive power, if 
our intelligence can't guarantee where an underground target really is?
  Finally, if it were clear that this weapon is needed to protect our 
troops, then I believe many more in Congress would support it. But 
that's not the case. At the House Armed Services

[[Page S7784]]

Committee hearing in March, program chief Linton Brooks once again was 
asked if there was a military requirement for the bunker buster. He 
stated categorically, No, there is not.
  Robert Peurifoy, the retired Vice President of Sandia National 
Laboratory, one of our premier nuclear weapons labs, had this to say: 
If you can find somebody in a uniform in the Defense Department who can 
talk about the need for nuclear bunker busters without laughing, I'll 
buy him a cup of coffee. It's outlandish. It's stupid. It is an effort 
to maintain a payroll at the weapons labs.
  The administration's effort to build a new class of nuclear weapon is 
only further evidence of their reckless nuclear policy. This action 
contradicts the spirit of our obligations under the nonproliferation 
treaty to disarm our stockpiles.
  It demonstrates the administration's contempt for the nuclear 
nonproliferation treaty, the foundation of all current global nuclear 
arms control. The nonproliferation treaty, signed in 1968, has long 
stood for the fundamental principle that the world will be safer if 
nuclear proliferation does not extend the five nations that nations lan 
possessed nuclear weapons at the does not extend beyond the five 
nations that possessed nuclear weapons at that time--the United States, 
Great Britain, the Soviet Union, China, and France. It reflected the 
worldwide consensus that the greater the number of nations with nuclear 
weapons, the greater the risk of nuclear war.
  The Bush administration's policy jeopardizes the entire structure of 
nuclear arms control so carefully negotiated by world leaders over the 
past half century, starting with the Eisenhower administration. This is 
just another example of the administration's Do as I say, not as I do 
policy.
  How can we ask Iran and North Korea to halt their nuclear research, 
when we fail to halt our own? By proceeding with the Robust Nuclear 
Earth penetrator, we are headed in the wrong direction. Our efforts 
will only encourage other nations to follow our example and produce 
nuclear weapons of their own.
  We have studied this issue long enough. It is ridiculous for the 
administration to try to keep this program going, and it could be 
suicidal for the Nation and for our troops. If we need this kind of 
weapons system, we ought to follow the conventional weapons research 
that is being undertaken and not support this proposal. I hope the 
Senate will reject it.
  Mr. President, I yield the time back to the Senator from California.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, I thank the distinguished Senator from 
Massachusetts. I thought the remarks were excellent. I think they were 
really right on. The tragedy of this is that people do not listen. I 
hope, Senator Kennedy, your words were heard.
  Mr. President, I yield 15 minutes to the Senator from Michigan, Mr. 
Levin.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I thank the Senators from California and 
Massachusetts and others who have come to the floor at this late hour 
to argue and debate an issue which is so critical to the security of 
this Nation.
  We will be a lot less secure if we go down this nuclear road. We know 
other countries are going down the nuclear road. We know we are even 
threatening those countries--such as Iran and North Korea--that we will 
not let them go down that road. We are even holding out the prospect 
that they would be the subject of military attacks if they go down the 
nuclear road.
  But at the same time we are doing this, that we are telling the 
world, we are telling Iran, we are telling North Korea, ``Do not walk 
down that nuclear road,'' the administration is proposing to take 
another step down our nuclear road. It is a decision which, if upheld 
by this body, will make us less secure. It will make it more likely 
that North Korea and Iran will say to us, and say to the world: The 
United States threatens us if we go to nuclear weapons, but they 
themselves are relying more and more and more on nuclear weapons.
  The administration has asked for $4 million to restart the 
feasibility study for the robust nuclear earth penetrator. I emphasize 
``restart'' because we ended this mistake in fiscal year 2004. We 
should not restart this. We did not need it in 2005. We do not need it 
in 2006.
  The $4 million that the Department of Energy seeks for fiscal year 
2006 will not finish the study. An additional $14 million will still be 
needed in fiscal year 2007, just to finish the RNEP study.
  What is it that the Department of Energy wants to study? What is the 
weapon they want to study? What is the RNEP appropriation for? It is to 
look at modification of a nuclear bomb called the B83. That is what is 
being looked at as a possible earth-penetrating weapon, the RNEP. The 
B83 is a large nuclear bomb. It is huge. It has a maximum yield on the 
order of 1 megaton. And 1 megaton is the equivalent of 71 Hiroshima 
bombs.
  So the weapon they are looking at, or want to look at, to modify for 
this function, is a bomb that has the power, the yield, as they call 
it, of 71 Hiroshima bombs. The goal of that feasibility study is to 
increase the penetrating capability of the B83. The yield, the power, 
of the B83, would stay the same. That is not being reduced. So the idea 
is to see whether or not that B83--that bomb with the power of 71 
Hiroshimas--can be made to penetrate the earth.
  According to the report of the National Academy of Sciences, it will 
not be possible, no matter how good the design. The deepest that an 
RNEP could ever penetrate is about 12 feet. And when an RNEP detonates 
at 12 feet, 12 feet in the earth, it will generate, according to the 
National Academy of Sciences, more fallout than if it were exploded in 
the air. So if we go down this road, we will be looking at a weapon 
which cannot penetrate deeper than 12 feet in the earth and will have 
greater fallout than if it were exploded in the air, according to the 
National Academy of Sciences.
  We talk about collateral damage as though it is some kind of a cold 
term. This is damage which is so massive. We think of a weapon 71 times 
the size of Hiroshima, with more fallout than if it were exploded in 
the air, which--no matter what its design; even if this study is 
successful--cannot penetrate more than about 12 feet in the ground, and 
we are telling the rest of the world, ``Do not go down that nuclear 
road,'' when we ourselves are thinking--thinking--about designing a 
weapon which has that kind of a power and that kind of a fallout.

  It is not the hundreds of millions of dollars which this would cost 
to implement, assuming this study is completed, it is the absurdity, it 
is the utter nonsense, it is the danger to U.S. security that would be 
created if we take this step down the road, telling the world: Do not 
do what we urge you to do because we are not doing it ourselves. That 
is the message. We can tell the world, Do not do it, do not go nuclear, 
but what they are going to say to us is: Hey, you are going nuclear 
further than you already are. You are modifying weapons to try to make 
them ``usable'' against deeply buried targets. And you are telling us 
and the rest of the world we should not go nuclear when you are looking 
for more and more uses for nuclear weapons?
  We asked the National Academy of Sciences to look at this program. We 
asked them how much yield would an RNEP have to have to hold a deeply 
buried target at risk, and what would the effects be of using an RNEP? 
So the Academy reviewed the universe of hard and deeply buried targets 
and found you would have to have a huge yield to have any effect on 
deeply buried targets. What the Academy concluded was that yields in 
the range of several hundreds of kilotons to a megaton are needed to 
effectively hold hard and deeply buried targets at risk.
  This report was issued this year, in April of 2005. What it said is 
that to be effective against a target 1,000 feet deep, an RNEP would 
have to have a yield of 1 megaton.
  There are 10,000 hard and deeply buried targets in the world, about 
10,000. According to the National Academy of Sciences, 2,000,--2,000--
of those targets would have some strategic significance. But the 
Academy finds that on the order of only about 100 deeply buried targets 
would be potential targets for RNEP. And many others--many others--
would be too deep to even reach with a 1-megaton yield such as RNEP 
has.

[[Page S7785]]

  So what this study would have us do is spend more millions, take us 
down a road which endangers us because of the message it sends to 
countries that are contemplating nuclear weapons. It endangers our 
security to study a weapon that cannot succeed in achieving its goal of 
hitting many deeply buried targets. And it would have an extensive 
fallout because of its huge size, 71 times the size of Hiroshima.
  Mr. WARNER. Mr. President, will the Senator yield for a question?
  Mr. LEVIN. I would be happy to yield.
  Mr. WARNER. My distinguished colleague on the Armed Services 
Committee is fully aware that we have worked on this matter for several 
years. There is an existing law that we passed on our bill. But the 
simple, basic, elementary thing here is we are talking about a study. 
And our distinguished colleagues from California, Massachusetts, and 
yourself make allegations of a lot of facts. What is the harm in 
getting the study? The study may confirm the very facts, and then the 
Senate is well informed. And the Congress must pass on any dollars 
before this thing proceeds to a full test situation.
  The PRESIDING OFFICER. The Senators are advised to ask their 
questions through the Chair.
  Mr. WARNER. Mr. President, I am sorry, I did not hear the ruling of 
the Chair.
  The PRESIDING OFFICER. The Senators are advised to address their 
questions through the Chair, not directly from Senator to Senator.
  Mr. WARNER. The Presiding Officer is most correct. I extend my 
apologies to the Presiding Officer of the Senate.
  Mr. President, I asked if the Senator would yield for a question. I 
thought I said that.
  Mr. LEVIN. I am happy to yield for a question.
  Mr. WARNER. Why not have the study so the Senate and the Congress can 
all be well informed? And it will either verify or there will be a 
denial of the assertions made by our three colleagues who are in 
opposition, and possibly a fourth.
  It is interesting. We modified one of the weapons during the Clinton 
administration, and it was approved by that administration. But it was 
later determined that that weapon could not effectively deal with a 
hardened silo. I ask my good friend the question.
  Mr. LEVIN. I thank my friend from Virginia for the question. First of 
all, it is not three Senators who are making these assertions. It is 
the National Academy of Sciences which has made these assertions we are 
quoting. That is No. 1. No. 2, the message which is being sent by going 
down this road endangers the security of the United States. We are 
telling other countries--North Korea, Iran--do not go nuclear. That is 
our message. It is a very clear message. The President is even 
threatening military action. He is saying he is going to have to put 
that option on the table if they go nuclear. Then at the same time the 
administration wants to restart a program, the program in this case 
being a study of a deeply penetrating nuclear weapon that has 70 times 
the power of Hiroshima in order to get to deeply buried targets. There 
are 10,000 of those targets, according to the National Academy of 
Sciences, and perhaps 100 of them would be held at risk by this weapon.
  So the idea that we are taking another step--you call it a study, but 
it is a step down the road, because the purpose of the study is to at 
least consider doing something. What we are saying, what the National 
Academy of Sciences has said, is this cannot accomplish its purpose. It 
will have a huge fallout. And what we are saying is the possibility 
that you could ever consider doing this is so far outweighed by the 
danger to us, by the message which is being sent to the world, that we 
are walking down a road we are telling others do not walk. That is the 
danger.
  Mr. WARNER. In reply to my colleague, I refer to a letter from the 
Secretary of State a year ago: Dear Mr. Chairman--addressed to me--I am 
writing to express support for the President's 2004 budget request to 
fund the feasibility and cost study for the robust nuclear earth 
penetrator and to repeal the legislation that prohibits the United 
States from conducting research and development on low-yield nuclear 
weapons. I do not believe that these legislative steps will complicate 
our ongoing efforts with North Korea. And he goes on to explain the 
North Koreans will not be in any way deterred by this action of the 
United States to have a study.
  Mr. LEVIN. I would expect the administration would say something like 
that. But common sense tells us otherwise. Common sense tells you that 
if you are sitting down with people, in this case the Europeans, 
telling them we have to try to persuade Iran, don't go down that road, 
with the Japanese and the Russians and the Chinese sitting down with 
the North Koreans, do not go down that road, each of us has some 
experience as human beings. It seems to me it is absolute common sense 
that we will be confronted by those countries saying: You are lecturing 
us, threatening us, when you yourself are now looking at the 
possibility of redesigning a weapon 70 times the size of Hiroshima so 
that you can more deeply penetrate into the ground. It undermines our 
position. It weakens our position. It seems to me that means it weakens 
our security.
  Mr. WARNER. Mr. President, I could only say to my distinguished 
colleague, the Secretary of Defense Colin Powell, a man who has been 
held in high esteem by this body, disagrees respectfully with my good 
colleague from Michigan. But the effect of denying a study on this is 
simply saying to the world, where there are countries proceeding with 
nuclear programs, you can go deep. There is no deterrence on the 
horizon. It is off limits, and you can do as you wish and go deep, and 
you can then conceal your programs from the eyes of the world and there 
is no deterrence for them to go deep.
  Mr. LEVIN. Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. Thirty seconds.
  Mr. LEVIN. I reserve the balance of my time.
  The PRESIDING OFFICER. The Senator from California.
  Mr. DOMENICI. Will the Senator yield?
  Mrs. FEINSTEIN. Yes.
  The PRESIDING OFFICER. The Senator from New Mexico.


               Amendments Nos. 1088 through 1096, En Bloc

  Mr. DOMENICI. Mr. President, I ask unanimous consent that the pending 
amendment be set aside so that I may offer a managers' amendment which 
has been cleared on both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I send to the desk a series of amendments, all of which 
have been approved on both sides, some of which are technical, some are 
otherwise, but there are no objections.
  The PRESIDING OFFICER. Is there objection to consideration of the 
amendments en bloc?
  Without objection, it is so ordered.
  Without objection, the amendments are agreed to en bloc.
  The amendments (Nos. 1088 through 1096) were agreed to, as follows:


                           amendment no. 1088

(Purpose: To maintain funding for the Department of Energy Clean Cities 
                     Program at its current level)

       At Page 80, after the provision for Clean Coal Technology, 
     insert the following:


                          clean cities program

       Funding for the Clean Cities program may be provided at no 
     less than the current year level. Within the Clean Cities 
     program, funding for work to expand E-85 fueling capacity may 
     also be maintained at no less than the current year level.


                           amendment no. 1089

(Purpose: To provide funds for sea lamprey barrier construction in the 
                              Great Lakes)

       On page 66, between lines 18 and 19, insert the following:
       Sec. 1__. Of funds made available to carry out section 1135 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2309a), the Chief of Engineers may use $1,500,000 for sea 
     lamprey barrier construction in the Great Lakes.


                           amendment no. 1090

            (Purpose: Provide funds for Saco River project)

       At the appropriate place, insert the following:
       Sec. __. $150,000 may be provided for Saco River and Camp 
     Ellis Beach, Maine, continuing authorities project.


                           amendment no. 1091

      (Purpose: Provide dredging funds for the Narraguagus River)

       At the appropriate place, insert the following:
       Sec. __. $2,000,000 may be provided for maintenance 
     dredging of the Narragaugus River, Milbridge, ME.

[[Page S7786]]

                           amendment no. 1092

         (Purpose: Provide funding for a reconnaissance study)

       At the appropriate place, insert the following:
       Sec. __. $100,000 may be provided for the Penobscot River 
     Restoration Study, ME.


                           AMENDMENT NO. 1093

 (Purpose: To set aside funds to initiate preconstruction engineering 
 and design activities for modifications to Laupahoehoe Harbor, Hawaii)

       On page 68, line 22, before the period, insert the 
     following: ``: Provided further, That, of the funds 
     appropriated under this heading, the Secretary of the Army, 
     acting through the Chief of Engineers, shall use not less 
     than $200,000 to initiate, preconstruction engineering and 
     design activities for modifications to Laupahoehoe Harbor, 
     Hawaii''.


                           amendment no. 1094

    (Purpose: to provide funding for Advanced Scientific Computing 
                               Research)

       On page 86, line 17; insert after ``expended'' the 
     following:

     : Provided, That $250,055,000 is appropriated for the 
     Advanced Scientific Computing Research: Provided further, 
     That $43,000,000 may be provided to the Center for 
     Computational Sciences at Oak Ridge National Laboratory: 
     Provided further, That $500,000 may be provided to the 
     Medical University of South Carolina: Provided further, That 
     $500,000 may be provided to the Community College of Southern 
     Nevada Transportation Academy: Provided further, That 
     $3,000,000 may be provided to South Dakota State University.


                           amendment no. 1095

       (Purpose: Making technical corrections for NNSA security)

       In the Bill, strike everything after ``buses;'' on page 90, 
     line 14, and replace with: $6,574,024,000 to remain available 
     until expended: Provided, That the $65,564,000 is authorized 
     to be appropriated for Project 01-D-108, Microsystems and 
     Engineering Science Applications (MESA), Sandia National 
     Laboratories, Albuquerque, New Mexico: Provided further, that 
     $65,000,000 is authorized to be appropriated for Project 04-
     D-125, Chemistry and Metallurgy Research Building Replacement 
     project, Los Alamos Laboratory, Los Alamos, New Mexico.


                    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 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, $1,729,066,000 to remain available until 
     expended.


                             naval reactors

       For Department of Energy expenses necessary for naval 
     reactors 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, $799,500,000, 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, $343,869,000, to remain available until expended.

               Environmental and Other Defense Activities


                     defense environmental cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup 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, $6,366,771,000, to 
     remain available until expended.


                        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, construction, 
     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.
       On page 55, line 3, strike all after the colon to the end 
     of the section and insert the following:

     ``in accordance with the Baltimore Metropolitan Water 
     Resources Gwynns Falls Watershed Study--Draft Feasibility 
     Report and Integrated Environmental Assessment prepared by 
     the Corps of Engineers and the city of Baltimore, Maryland, 
     dated April 2004.''.
       On page 84 of the bill, line 18, strike ``$36,000,000'' and 
     insert in lieu thereof ``$46,000,000''.
       On page 105, line 3, insert the following:
       Sec. __. 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 operations or focus 
     of these facilities to maximize their value to the 
     International Thermoelectric Reactor program: Provided, That 
     given the major international commitment to International 
     Thermoelectric Reactor and the tokamak concept, the GAO shall 
     consider any other magnetic fusion confinement system as a 
     possible fusion demonstration facility that will follow 
     International Thermoelectric Reactor and 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.


                           AMENDMENT NO. 1096

    (Purpose: To limit the use of funds for fully-funded contracts)

       On page 109, between lines 2 and 3, insert the following:
       Sec. 5___. None of the funds made available by this or a 
     prior Act shall be used to award a fully-funded continuing 
     contract, in a case in which continuing contract authority is 
     applicable, unless the Chief of Engineers certifies 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.
  Mr. DOMENICI. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________