PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1361 Subtitle B—Recurring General Provisions SEC. 3121. REPROGRAMMING. (a) IN GENERAL. —Except as provided in sections 3129 and 3130, until the Secretary of Energy submits to the congressional defense committees the report referred to in subsection (b) and a period of 30 days has elapsed after the date on which such committees receive the report, the Secretary may not use amounts appropriated pursuant to this title for any program— (1) in amounts that exceed, in a fiscal year, the amount authorized for that program by this title; or (2) which has not been presented to, or requested of, Congress. (b) REPORT.—(1) 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. (2) In the computation of the 30-day period under subsection (a), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. (c) LIMITATIONS. —(1) In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title. (2) Funds appropriated pursuant to this title may not be used for an item for wluch Congress has specifically denied funds. SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS. (a) AUTHORITY.— The Secretary of Energy may carry out any minor construction project using operation and maintenance funds, or facilities and infrastructure funds, authorized by this title. (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 year. Each report shall provide a brief description of each minor construction project covered by the report. (c) COST VARIATION REPORTS TO CONGRESSIONAL COMMIT- TEES.— If, at any time during the construction of any minor construction project authorized by this title, the estimated cost of the project is revised and the revised cost of the project exceeds $5,000,000, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation. (d) MINOR CONSTRUCTION PROJECT DEFINED. —In this section, the term "minor construction project" means any plant project not specifically authorized by law if the approved total estimated cost of the plant project does not exceed $5,000,000. SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. (a) IN GENERAL.—(1) Except as provided in paragraph (2), construction on a construction project may not be started or additional obligations incurred in connection with the project above the total estimated cost, whenever the current estimated cost of the construction project, authorized by section 3101, 3102, or 3103, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of—
�
