50 U.S.C. § 2741 — Definitions

Page 497 TITLE 50—WAR AND NATIONAL DEFENSE § 2742 § 3142(a)(1), Jan. 2, 2013, 126 Stat. 2194; amended Pub. L. 113–66, div. C, title XXXI, § 3146(g)(13), Dec. 26, 2013, 127 Stat. 1080.) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 113–66 substituted ‘‘Energy or’’ for ‘‘Energy and’’. SUBCHAPTER VII—BUDGET AND FINANCIAL MANAGEMENT MATTERS PART A—RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS § 2741. Definitions In this part: (1) The term ‘‘DOE national security author- ization’’ means an authorization of appropria- tions for activities of the Department of En- ergy in carrying out programs necessary for national security. (2)(A) Except as provided by subparagraph (B), the term ‘‘minor construction threshold’’ means $30,000,000. (B) The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Admin- istrator— (i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjust- ment; (ii) a period of 30 days elapses following the date of such submission; and (iii) publishes the adjusted amount in the Federal Register. (Pub. L. 107–314, div. D, title XLVII, § 4701, for- merly div. C, title XXXVI, § 3620, Dec. 2, 2002, 116 Stat. 2756; renumbered div. D, title XLVII, § 4701, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 111–84, div. C, title XXXI, § 3118(a), (b), Oct. 28, 2009, 123 Stat. 2709; Pub. L. 111–383, div. C, title XXXI, § 3121(a), Jan. 7, 2011, 124 Stat. 4514; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(I), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 115–91, div. C, title XXXI, § 3119, Dec. 12, 2017, 131 Stat. 1892; Pub. L. 117–81, div. C, title XXXI, § 3115(a), Dec. 27, 2021, 135 Stat. 2226; Pub. L. 117–263, div. C, title XXXI, § 3113(a), Dec. 23, 2022, 136 Stat. 3052; Pub. L. 118–31, div. C, title XXXI, § 3120, Dec. 22, 2023, 137 Stat. 791.) Editorial Notes CODIFICATION Section was formerly classified to section 7386 of Title 42, The Public Health and Welfare, prior to re- numbering by Pub. L. 108–136. AMENDMENTS 2023—Par. (2)(A). Pub. L. 118–31, § 3120(1), substituted ‘‘subparagraph (B)’’ for ‘‘subparagraphs (B) and (C)’’. Par. (2)(B). Pub. L. 118–31, § 3120(2), substituted ‘‘The’’ for ‘‘During the period beginning on December 23, 2022, and ending on November 30, 2025, the’’ in introductory provisions. Par. (2)(C). Pub. L. 118–31, § 3120(3), struck out subpar. (C) which read as follows: ‘‘Beginning on December 1, 2025, the term ‘minor construction threshold’ means— ‘‘(i) $30,000,000; or ‘‘(ii) if the Administrator calculated a different amount pursuant to subparagraph (B), the last such calculated amount as published in the Federal Reg- ister under clause (iii) of such subparagraph.’’ 2022—Par. (2). Pub. L. 117–263 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘The term ‘minor construction threshold’ means $25,000,000.’’ 2021—Par. (2). Pub. L. 117–81 substituted ‘‘$25,000,000’’ for ‘‘$20,000,000’’. 2017—Par. (2). Pub. L. 115–91 substituted ‘‘$20,000,000’’ for ‘‘$10,000,000’’. 2013—Pars. (2), (3). Pub. L. 113–66 redesignated par. (3) as (2) and struck out former par. (2) which defined ‘‘congressional defense committees’’. 2011—Par. (3). Pub. L. 111–383 substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. 2009—Par. (3). Pub. L. 111–84, § 3118(b), substituted ‘‘$5,000,000’’ for ‘‘$10,000,000’’. Pub. L. 111–84, § 3118(a), substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. C, title XXXI, § 3118(b), Oct. 28, 2009, 123 Stat. 2709, provided that the amendment made by section 3118(b) is effective Sept. 30, 2010. § 2742. Reprogramming (a) In general 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 authoriza- tion 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 au- thorized for that program by that authoriza- tion for that fiscal year; or (2) which has not been presented to, or re- quested 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 congres- sional 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 re- port. (c) Report The report referred to in this subsection 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 ses- sion because of an adjournment of more than three days to a day certain. (e) Limitations (1) Total amount obligated In no event may the total amount of funds obligated pursuant to a DOE national security