Page:United States Statutes at Large Volume 112 Part 3.djvu/415

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PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2245 SEC. 3127. FU^fDS AVAILABLE FOR ALL NATIONAL SECURITY PRO- GRAMS OF THE DEPARTMENT OF ENERGY. Subject to the provisions of appropriations Acts and section 3121, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy. SEC. 3128. AVAILABILITY OF FUNDS. (a) IN GENERAL. —Except as provided in subsection (b), when so specified in an appropriations Act, amounts appropriated for operation and maintenance or for plant projects may remain available until expended. (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS. — Amounts appropriated for program direction pursuant to an authorization of appropriations in subtitle A shall remain available to be expended only until the end of fiscal year 2001. SEC. 3129. TRANSFERS 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 the office to another such program or project. (b) LIMITATIONS.—(1) Only one transfer may be made to or from any program or project under subsection (a) in a fiscal year. (2) The amount transferred to or from a program or project under subsection (a) may not exceed $5,000,000 in a fiscal year. (3) 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 to address a risk to health, safety, or the environment or to assure the most efficient use of defense environmental management funds at the field office. (4) 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 3121 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 EncTgy, any of the following: (A) A program referred to or a project listed in paragraph (2) or (3) of section 3102. (B) A program or project not described in subparagraph (A) that is for environmental restoration or waste management activities necessary for national security programs of the Department, that is being carried out by the office, and for which defense environmental management funds