PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2757 (1) The term "DOE national security authorization" means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security. (2) The term "congressional defense committees" means— (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (3) The term "minor construction threshold" means $5,000,000. SEC. 3621. REPROGRAMMING. 42 USC 7386a. (a) IN GENERAL. —Except as provided in subsection (b) and in sections 3629 and 3630, 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. (c) 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. (e) LIMITATIONS.— (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. SEC. 3622. MINOR CONSTRUCTION PROJECTS. 42 USC 7386b. (a) AUTHORITY.— Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects. (b) ANNUAL REPORT.— The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding
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