110 STAT. 616 PUBLIC LAW 104-106—FEB. 10, 1996 SEC. 3124. 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 this title 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 period as the authorizations of the Federal agency to which the amounts are transferred. (b) TRANSFER WITHIN DEPARTMENT OF ENERGY; LIMITATIONS.— (1) Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to this title between any such authorizations. Amounts of authorizations so transferred may be merged with and be available for the same purposes and for the same period as the authorization to which the amounts are transferred. (2) Not more than five percent of any such authorization may be transferred between authorizations under paragraph (1). No such authorization may be increased or decreased by more than five percent by a transfer under such paragraph. (3) The authority provided by this section to transfer authorizations— (A) may only be used to provide funds for items relating to weapons activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and (B) may not be used to provide authority for an item that has been denied funds by Congress. (c) NOTICE TO CONGRESS. —The Secretary of Energy shall promptly notify the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives of any transfer of funds to or from authorizations under this title. SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN. (a) REQUIREMENT FOR CONCEPTUAL DESIGN.— (1) 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 Secretary of Energy shall complete a conceptual design for that project. (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 construction project the total estimated cost of which is less than $2,000,000; 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.
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