2012 US Code
Title 50 - War and National Defense
Chapter 42 - ATOMIC ENERGY DEFENSE PROVISIONS (§§ 2501 - 2822)
Subchapter VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS (§§ 2741 - 2772)
Part A - Recurring National Security Authorization Provisions (§§ 2741 - 2753)
Section 2742 - Reprogramming
Publication Title | United States Code, 2012 Edition, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS Part A - Recurring National Security Authorization Provisions Sec. 2742 - Reprogramming |
Contains | section 2742 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 107-314, div. D, title XLVII, §4702, formerly div. C, title XXXVI, §3621, Dec. 2, 2002, 116 Stat. 2757; renumbered div. D, title XLVII, §4702, and amended Pub. L. 108-136, div. C, title XXXI, §3141(j)(2)(A)-(D)(i), Nov. 24, 2003, 117 Stat. 1781. |
Statutes at Large References | 116 Stat. 2757 117 Stat. 1781 |
Public Law References | Public Law 107-314, Public Law 108-136 |
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Except as provided in subsection (b) and in sections 2750 and 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 givenAn 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.
(c) ReportThe 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 daysIn 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.
(e) Limitations (1) Total amount obligatedIn 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 itemsFunds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.
(Pub. L. 107–314, div. D, title XLVII, §4702, formerly div. C, title XXXVI, §3621, Dec. 2, 2002, 116 Stat. 2757; renumbered div. D, title XLVII, §4702, and amended Pub. L. 108–136, div. C, title XXXI, §3141(j)(2)(A)–(D)(i), Nov. 24, 2003, 117 Stat. 1781.)
CodificationSection was formerly classified to section 7386a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
Amendments2003—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 2750 and 2751 of this title.
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