Page:United States Statutes at Large Volume 116 Part 4.djvu/330

 116 STAT. 2758 PUBLIC LAW 107-314—DEC. 2, 2002 fiscal year. Each report shall provide a brief description of each minor construction project covered by the report. (c) COST VARIATION REPORTS TO CONGRESSIONAL COMMIT- TEES.— I f, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation. (d) MINOR CONSTRUCTION PROJECT DEFINED.—In this section, the term "minor construction project" means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold. 42 USC 7386c. SEC. 3623. LIMITS ON CONSTRUCTION PROJECTS. (a) CONSTRUCTION COST CEILING. —Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of— (1) the amount authorized for the project; or (2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress. (b) EXCEPTION WHERE NOTICE-AND-WAIT GIVEN. —An action described in subsection (a) may be taken if— (1) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and (2) a period of 30 days has elapsed after the date on which the report is received by the committees. (c) COMPUTATION OF DAYS.— In the computation of the 30- day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain. (d) EXCEPTION FOR MINOR PROJECTS. —Subsection (a) does not apply to a construction project with a current estimated cost of less than the minor construction threshold. 42 USC 7386d. SEC. 3624. FUND TRANSFER AUTHORITY. (a) TRANSFER TO OTHER FEDERAL AGENCIES. —The Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to other Federal agencies for the performance of work for which the funds were authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the authorizations of the Federal agency to which the amounts are transferred. (b) TRANSFER WITHIN DEPARTMENT OF ENERGY. — (1) TRANSFERS PERMITTED.— Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to any other DOE national security authorization. Amounts of authorizations so transferred may be merged with and be available for the same purposes

�