112 STAT. 2244 PUBLIC LAW 105-261—OCT. 17, 1998 (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 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 $5,000,000; 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. (2) If the total estimated cost for construction design in connection with any construction project exceeds $600,000, funds for such design must be specifically authorized by law. SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION ACTIVITIES. (a) AUTHORITY. —The Secretary of Energy may use any funds available to the Department of Energy pursuant to an authorization in this title, including those funds authorized to be appropriated for advance planning and construction design under sections 3101, 3102, and 3103, 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 any 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 maldng such activities necessary. (c) SPECIFIC AUTHORITY. —The requirement of section 3125(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.
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