Page:United States Statutes at Large Volume 123.djvu/2892

 123STA T . 2 87 2 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9(2)topr o vide e nha n c ed s everance pa ym ents or other b ene -f its for emp l oyees of the D epartment of E ner g y u nder such section or ( 3 ) develop or implement a w or k force restructuring plan that covers employees of the Department of Energy .SEC . 3 0 3. T he une x pended balances of prior appropriations provided for activities in this A ct 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in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.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. 30 4 . N one of the funds in this or any other Act for the Administrator of the B onneville P ower 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. 30 5 . 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 e q uipment 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. F or 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 Administration Defense Programs Tech- nology Deployment Center / User Facility; and (3) any other Depart- mental facility designated by the Department as a user facility. SEC. 30 6 . 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 194 7 (50 U.S.C. 414) during fiscal year 2010 until the enactment of the I ntelligence Authorization Act for fiscal year 2010. SEC. 307. O f the funds made available by the Department of Energy for activities at G overnment-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 develop- ment: 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 a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site directed research and development. SEC. 308. (a) In any fiscal year in which the Secretary of Energy determines that additional funds are needed to reimburse the costs of defined benefit pension plans for contractor employees, the Secretary may transfer not more than 1 percent from each appropriation made available in this and subsequent Energy and Det e rmina ti o n .T ran sf er a u t h orit y . 42USC7 2 69 note. 50 USC 279 1 a note. N oti c e. Contracts. Certification. W or k force restructurin gpl an.