123STA T .6 26 PUBLIC LA W 111 –8—M A R .11 , 2 0 0 9com m unityas sistanc egr ants un d er section 460 4o f t h e A tomic E nergy D efense Act (5 0 U.S . C . 27 04 ) un l ess the De p artment of Energy su b mits a reprogramming re q uest to the appropriate congressional committees
or (2) to pro v ide enhanced severance payments or other bene - fits for employees of the Department of Energy under such section; or ( 3 ) develop or implement a w or k force restructuring plan that covers employees of the Department of Energy. S EC . 304. U N E XP EN D ED BAL ANCE S . T he une x pended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. SEC. 305. B O NNE VI LLE P O W E R A UTH ORIT Y SERVICE TERRITORY. N one 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. USER F ACILITIES. W hen 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 univer- sities 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 1 9 92 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administra- tion Defense Programs Technology Deployment Center / User Facility; and (3) any other Departmental facility designated by the Department as a user facility. SEC. 307. I NTELLI G ENCE ACTIVITIES. 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 authori z ed by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the Intelligence Authorization Act for fiscal year 2009. SEC. 30 8 . L A B ORATORY DIRECTED R ESEARCH AND DEVELOP M ENT. O f the funds made available by the Department of Energy for activities at government-owned, contractor-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: Provide d , 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 50USC2791a.Public i nform a t ion. C e rtification.
