Page:United States Statutes at Large Volume 116 Part 4.djvu/333

 PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2761 has specifically denied funds or for a new program or project that has not been authorized by Congress. (c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS. — The requirements of section 3621 shall not apply to transfers of funds pursuant to subsection (a). (d) NOTIFICATION. — The Secretary, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs. (e) DEFINITIONS. —In this section: (1) The term "program or project" means, with respect to a field office of the Department of Energy, a program or project that is for environmental restoration or waste management activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental management funds have been authorized and appropriated. (2) The term "defense environmental management funds" means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national security programs. SEC. 3630. TRANSFER OF WEAPONS ACTIVITIES FUNDS. 42 USC 7386J. (a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES FUNDS.— The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities 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— (A) is necessary to address a risk to health, safety, or the environment; or (B) will result in cost savings and efficiencies. (4) LIMITATION. —^A transfer may not be carried out by a manager of a field office under subsection (a) to cover a cost overrun or scheduling delay for any program or project. (5) IMPERMISSIBLE USES. — Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress. (c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS. —The requirements of section 3621 shall not apply to transfers of funds pursuant to subsection (a). (d) NOTIFICATION.— The Secretary, acting through the Administrator for Nuclear Security, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs. (e) DEFINITIONS.— In this section:

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