Page:United States Statutes at Large Volume 116 Part 4.djvu/331

 PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2759 and for the same period as the authorization to which the amounts are transferred. (2) MAXIMUM AMOUNTS.— Not more than 5 percent of any such authorization may be transferred to another authorization under paragraph (1). No such authorization may be increased or decreased by more than 5 percent by a transfer under such paragraph. (c) LIMITATIONS.— The authority provided by this subsection to transfer authorizations— (1) may be used only to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and (2) may not be used to provide funds for an item for which Congress has specifically denied funds. (d) NOTICE TO CONGRESS. —The Secretary of Energy shall promptly notify the congressional defense committees of any transfer of funds to or from any DOE national security authorization. SEC. 3625. CONCEPTUAL AND CONSTRUCTION DESIGN. 42 USC 7386e. (a) CONCEPTUAL DESIGN.— (1) REQUIREMENT.— Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the SecretEuy of Energy shall complete a conceptual design for that project. (2) REQUESTS FOR CONCEPTUAL DESIGN FUNDS.—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 flmds for the conceptual design before submitting a request for funds for the construction project. (3) EXCEPTIONS. —The requirement in paragraph (1) does not apply to a request for funds— (A) for a construction project the total estimated cost of which is less than the minor construction threshold; or (B) for emergency planning, design, and construction activities under section 3626. (b) CONSTRUCTION DESIGN.— (1) AUTHORITY.— Within the amounts authorized by a DOE national security authorization, the Secretary 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) LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.— I f 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. 3626. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 42 USC 7386f. CONSTRUCTION ACTIVITIES. (a) AUTHORITY. — The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design,

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