PRIA Logo™
Title 50 — War and National DefenseRelease 119-73not60

§2742 Reprogramming

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter VII— BUDGET AND FINANCIAL MANAGEMENT MATTERS › Part A— Recurring National Security Authorization Provisions › § 2742

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Energy cannot spend money from DOE national security budgets on a program if doing so in a fiscal year would push that program’s spending above 115% of its authorized amount or more than $5,000,000 above the authorized amount. The Secretary also cannot fund a program that was not presented to or requested of Congress. Exceptions in other rules exist, but the rule above is the default. An exception can be used if the Secretary sends the congressional defense committees a full written report explaining the proposed action and the reasons for it, and 30 days pass after those committees get the report. When counting those 30 days, any day when either House of Congress is not in session because of an adjournment of more than three days to a specific day is not counted. In no case may total obligations for a fiscal year exceed the total amount authorized, and funds may not be used for items Congress specifically denied.

Full Legal Text

Title 50, §2742

War and National Defense — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) and in section 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)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)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)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)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 7386a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Subsec. (c). Pub. L. 113–66 substituted “this subsection” for “subsection (a)”. 2003—Subsec. (a). Pub. L. 108–136, § 3141(j)(2)(D)(i), in introductory provisions, made technical amendment to reference in original act which appears in text as reference to section 2750 and 2751 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2742

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60