Except as provided in subsection (b) and in sections
2751 of this title, the Secretary of Energy may not use amounts appropriated pursuant to a DOE national security authorization for a program—
(1)in amounts that exceed, in a fiscal year—
(A)115 percent of the amount authorized for that program by that authorization for that fiscal year; or
(B)$5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or
(2)which has not been presented to, or requested of, Congress.
(b) Exception where notice-and-wait given
An action described in subsection (a) may be taken if—
(1)the Secretary submits to the congressional defense committees a report referred to in subsection (c) with respect to such action; and
(2)a period of 30 days has elapsed after the date on which such committees receive the report.
The report referred to in subsection (a) is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the proposed action.
(d) Computation of days
In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.
(1) Total amount obligated
In no event may the total amount of funds obligated pursuant to a DOE national security authorization for a fiscal year exceed the total amount authorized to be appropriated by that authorization for that fiscal year.
(2) Prohibited items
Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.
Section was formerly classified to section
7386a of Title
42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
2003—Subsec. (a). Pub. L. 108–136, § 3141(j)(2)(D)(i), in introductory provisions, made technical amendment to reference in original act which appears in text as reference to sections
2751 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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