### §2750. Transfer of defense environmental cleanup funds

#### (a) Transfer authority for defense environmental cleanup 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 cleanup funds from a program or project under the jurisdiction of that office to another such program or project.

#### (b) Limitations

#### (1) Number of transfers

Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.

#### (2) Amounts transferred

The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.

#### (3) Determination required

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 cleanup funds at the field office.

#### (4) Impermissible uses

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 2742 of this title 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, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.

(2) The term "defense environmental cleanup funds" means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.

(Pub. L. 107–314, div. D, title XLVII, §4710, formerly div. C, title XXXVI, §3629, Dec. 2, 2002, 116 Stat. 2760; renumbered div. D, title XLVII, §4710, and amended Pub. L. 108–136, div. C, title XXXI, §3141(j)(2)(A)–(C), (D)(iv), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 113–66, div. C, title XXXI, §3146(h)(2), Dec. 26, 2013, 127 Stat. 1081; Pub. L. 113–291, div. C, title XXXI, §3142(q), Dec. 19, 2014, 128 Stat. 3901.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 7386i of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

#### Amendments

2014—Subsec. (b)(3)(B). Pub. L. 113–291 substituted "cleanup" for "management".

2013—Pub. L. 113–66, §3146(h)(2)(A), substituted "cleanup" for "management" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(h)(2)(B), substituted "cleanup" for "management" in heading and text.

Subsec. (e)(1). Pub. L. 113–66, §3146(h)(2)(C)(i), substituted "defense environmental cleanup activities" for "environmental restoration or waste management activities" and "defense environmental cleanup funds" for "defense environmental management funds".

Subsec. (e)(2). Pub. L. 113–66, §3146(h)(2)(C)(ii), substituted " 'defense environmental cleanup funds' " for " 'defense environmental management funds' " and "defense environmental cleanup activities" for "environmental restoration and waste management activities".

2003—Subsec. (c). Pub. L. 108–136, §3141(j)(2)(D)(iv), made technical amendment to reference in original act which appears in text as reference to section 2742 of this title.