10 U.S.C. § 6272: Reprogramming

§6272 Reprogramming

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 607 — BUDGET AND FINANCIAL MANAGEMENT MATTERS › SUBCHAPTER I — RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6272

Last updated Sep 23, 2026|Official source

Summary

The Secretary of Energy cannot spend national security money on a program if the yearly spending would go past set limits or if the program was not sent to or asked for by Congress. The two spending limits are 115 percent of the program’s authorized amount for that year and $5,000,000 more than the authorized amount. These limits do not apply when subsection (b) or sections 5791 and 5792 allow an exception. The Secretary can take the action only after sending a report to the congressional defense committees that explains the proposed action and the reasons for it, and waiting 30 days after the committees get the report. Days when either House of Congress is on an adjournment of more than three days to a day certain do not count toward the 30 days. In no case may the total funds promised or used under an authorization in a year be more than the total authorized for that year, and money cannot be used for any item Congress specifically denied.

Title 10, §6272

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

Except as provided in subsection (b) and in section 5791 and 5792 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.

(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 session because of an adjournment of more than three days to a day certain.

(e)Limitations.—

(1)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)Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5791 and 5792, referred to in subsec. (a), were, prior to repeal and restatement as this section, references to section 4710 and 4711, respectively, of Pub. L. 107–314, which were repealed and restated as section 6281 and 6282, respectively, of this title by Pub. L. 119–60, § 3111(a), (b)(1).

Prior Provisions

Provisions similar to those in this section were contained in section 2742 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (e). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Total amount obligated” and “Prohibited items”, respectively.