113 STAT. 924 PUBLIC LAW 106-65—OCT. 5, 1999 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 making 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. SEC. 3127. FUNDS 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, amoiuits 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 treinsfer 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
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