115 STAT. 1364 PUBLIC LAW 107-107—DEC. 28, 2001 of appropriations in subtitle A shall remain available to be expended only until the end of fiscal year 2003. SEC. 3129. TRANSFER 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 that office to another such program or project. (b) LIMITATIONS.—(1) Not more than three transfers 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 in any one transfer under subsection (a) may not exceed $5,000,000. (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— (A) to address a risk to health, safety, or the environment; or (B) 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 Energy, any of the following: (A) A program referred to or a project listed in paragraph (2) or (3) of section 3102(a). (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 that office, and for which defense environmental management funds have been authorized and appropriated before the date of the enactment of this Act. (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. (f) DURATION OF AUTHORITY. —The managers of the field offices of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 2001, and ending on September 30, 2002.
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