Page:United States Statutes at Large Volume 116 Part 4.djvu/332

 116 STAT. 2760 PUBLIC LAW 107-314—DEC. 2, 2002 and for plant projects, 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 a 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 3625(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section. 42 USC 7386g. SEC. 3627. SCOPE OF AUTHORITY TO CARRY OUT PLANT PROJECTS. In carrying out programs necessary for national security, the authority of the Secretary of Energy to carry out plant projects includes authority for maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto. 42 USC 7386h. SEC. 3628. AVAILABILITY OF FUNDS. (a) IN GENERAL. —Except as provided in subsection (b), amounts appropriated pursuant to a DOE national security authorization for operation and maintenance or for plant projects may, when so specified in an appropriations Act, remain available until expended. (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts appropriated for program direction pursuant to a DOE national security athorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year. 42 USC 73861. SEC. 3629. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS. (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS. —The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental management funds from a program or project under the jurisdiction of that office to another such program or project. (b) LIMITATIONS. — (1) NUMBER OF TRANSFERS.—Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year. (2) AMOUNTS TRANSFERRED.—The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000. (3) DETERMINATION REQUIRED.— A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer is necessary— (A) to address a risk to health, safety, or the environment; or (B) to assure the most efficient use of defense environmental management funds at the field office. (4) IMPERMISSIBLE USES. — Funds transferred pursuant to subsection (a) may not be used for an item for which Congress

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