§ 2742.
(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 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.
([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]; [Pub. L. 113–66, div. C, title XXXI, § 3146(h)(1)], Dec. 26, 2013, [127 Stat. 1080].)