priated from the general fund shall be reduced as revenues 
are received during fiscal year 2008 so as to result in a 
final fiscal year 2008 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF ENERGY 
SEC. 301. CONTRACT COMPETITION.—(a) None of 
the funds in this or any other appropriations Act for fiscal 
year 2008 or any previous fiscal year may be used to make 
payments for a noncompetitive management and operating 
contract, or a contract for environmental remediation or 
waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating 
contract site or facility, or award a significant extension 
or expansion to an existing management and operating 
contract, or other contract covered by this section, 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. 
(b) Within 30 days of formally notifying an incum-
bent contractor that the Secretary intends to grant such 
a waiver, the Secretary shall submit to the Subcommittees 
on Energy and Water Development of the Committees on 
Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver 
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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. 
UNFUNDED
REQUESTS
FOR
PRO-
POSALS.—None of the funds appropriated by this Act may 
be used to prepare or initiate requests for proposals for 
a program if the program has not been funded by Con-
gress. 
SEC. 303. UNEXPENDED BALANCES.—The unex-
pended balances of prior appropriations provided for ac-
tivities in this Act may be available to the same appropria-
tion 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as originally enacted.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. 304. BONNEVILLE POWER ADMINISTRATION 
SERVICE TERRITORY.—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 de-
fined Bonneville service territory, with the exception of 
services provided internationally, including services pro-
vided on a reimbursable basis, unless the Administrator 
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certifies in advance that such services are not available 
from private sector businesses. 
SEC. 305. USER FACILITIES.—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 characteris-
tics or equipment in a user facility or a proposed user fa-
cility, 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 poten-
tial user as a formal partner in the establishment or oper-
ation of a user facility, the Department shall employ full 
and open competition in selecting such a partner. For pur-
poses 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 Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 306. INTELLIGENCE ACTIVITIES.—Funds ap-
propriated 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 
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for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2008 until the 
enactment of the Intelligence Authorization Act for fiscal 
year 2008. 
SEC. 307. LABORATORY DIRECTED RESEARCH AND 
DEVELOPMENT.—Of the funds made available by the De-
partment of Energy for activities at government-owned, 
contractor-operator operated laboratories funded in this 
Act, the Secretary may authorize a specific amount, not 
to exceed 8 percent of such funds, to be used by such lab-
oratories for laboratory-directed research and develop-
ment: Provided, That the Secretary may also authorize a 
specific amount not to exceed 3 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 develop-
ment funding. 
SEC. 308. CONTRACTOR PENSION BENEFITS.—None 
of the funds made available in title III of this Act shall 
be used for implementation of the Department of Energy 
Order N 351.1 modifying contractor employee pension and 
medical benefits policy. 
SEC. 309. INTERNATIONAL NUCLEAR FUEL BANK.— 
Of the funds made available in the first paragraph under 
the heading ‘‘Atomic Energy Defense Activities—Other 
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Defense Activities’’ in chapter 2 of title I of division B 
of Public Law 105–277, $100,000,000 shall be available 
until expended, subject to authorization, for the contribu-
tion of the United States to create a low-enriched uranium 
stockpile for an International Nuclear Fuel Bank supply 
of nuclear fuel for peaceful means under the International 
Atomic Energy Agency. 
TITLE IV—INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, notwithstanding section 14704 of title 40, United 
States Code, and, for necessary expenses for the Federal 
Co-Chairman and the alternate on the Appalachian Re-
gional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including 
services as authorized by section 3109 of title 5, United 
States Code, and hire passenger motor vehicles, 
$35,000,000, to remain available until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by the Atomic Energy Act of 1954, $22,499,000, to re-
main available until expended. 
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