Page:United States Statutes at Large Volume 115 Part 2.djvu/379

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1363 (2) If the estimated cost of completing a conceptual design for a construction project exceeds $3,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project. (3) The requirement in paragraph (1) does not apply to a request for funds— (A) for a minor construction project the total estimated cost of which is less than $5,000,000; or (B) for emergency planning, design, and construction activities under section 3126. (b) AUTHORITY FOR CONSTRUCTION DESIGN. —(1) Within the amounts authorized by this title, the Secretary of Energy may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $600,000. (2) If the total estimated cost for construction design in connection with any construction project exceeds $600,000, funds for that design must be specifically authorized by law. SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION ACTIVITIES. (a) AUTHORITY. — The Secretary of Energy may use any funds available to the Department of Energy pursuant to an authorization in this title, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, under sections 3101, 3102, 3103, and 3104 to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property. (b) LIMITATION.— The Secretary may not exercise the authority under subsection (a) in the case of any construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary. (c) SPECIFIC AUTHORITY. —The requirement of section 3125(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section. SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO- GRAMS OF THE DEPARTMENT OF ENERGY. Subject to the provisions of appropriation Acts and section 3121, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy. SEC. 3128. AVAILABILITY OF FUNDS. (a) IN GENERAL.— Except as provided in subsection (b), when so specified in an appropriations Act, amounts appropriated for operation and maintenance or for plant projects may remain available until expended. (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts appropriated for program direction pursuant to an authorization

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