Pub. L. 102-190, div. C, tit. XXXI, pt. B, sec. 3126
AUTHORITY FOR EMERGENCY PLANNING, DESIGN. AND CONSTRUCTION ACTIVITIES.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN. AND CONSTRUCTION ACTIVITIES. (a) Authority.—In addition to the funds authorized to be appropriated for advance planning and construction design under sections 3102 and 3103, the Secretary of Energy may use any other funds available to the Department of Energy in order to perform planning, design, and construction activities for any Department of Energy defense activity construction project that, as determined by the Secretary, must proceed expeditiously in order to meet the needs of national defense or to protect property or human life. (b) Limitation.— (1) The Secretary may not exercise the authority under subsection (a) in the case of any construction project until— “(A) the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out with funds under such authority and the circumstances making such activities necessary; and “(B) a period of 30 days has elapsed after the date on which the report is received by the committees. (2) In the computation of the 30-day period, there shall be excluded each day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain.