PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 3083 the construction project, which is authorized by section 3101, 3102, or 3103, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of— (A) the amount authorized for the project; or (B) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress. (2) An action described in paragraph (1) may be taken if— (A) the Secretary of Energy has submitted to the congressional defense committees a report on the action and the circumstances making such action necessary; and (B) a period of 30 days has elapsed after the date on which the report is received by the committees. (3) In the computation of the 30-day period under paragraph (2), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. (b) EXCEPTION. —Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000. SEC. 3124. 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 time 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 time 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 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 Committees on Armed Services of the Senate and House of Representatives of any transfer of funds to or from authorizations under this title. SEC. 3125. CONSTRUCTION DESIGN AND CONCEPTUAL DESIGN FOR CONSTRUCTION PROJECTS. (a) IN GENERAL. — (1) Within the amounts authorized by this title, the Secretary of Energy may carry out advance planning 79-194 O—95—15: QL 3 Part 4
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