Page:United States Statutes at Large Volume 104 Part 3.djvu/477

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1829 to grant a security clearance to an individual or a facility unless the Secretary of Energy determines both of the following: (A) That a current, complete investigation file is not available from any other department or agency of the Federal government with respect to that individual or facility. (B) That no other department or agency of the Federal government is conducting an investigation with respect to that individual or facility that could be used as the basis for determining whether to grant the security clearance. (2) For purposes of paragraph (I)(A), a current investigation file is a file on an investigation that has been conducted within the past five years. PART B—RECURRING GENERAL PROVISIONS SEC. 3121. REPROGRAMMING (a) NOTICE TO CONGRESS. —(1) Except as otherwise provided in this title— (A) no amount appropriated pursuant to this title may be used for any program in excess of the lesser of— (i) 105 percent of the amount authorized for that program by this title; or (ii) $10,000,000 more than the amount authorized for that program by this title; and (B) no amount appropriated pursuant to this title may be used for any program which has not been presented to, or requested of, the Congress. (2) An action described in paragraph (1) may be taken after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. (b) LIMITATION ON AMOUNT OBLIGATED. —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. SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS (a) IN GENERAL.— The Secretary of Energy may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated cost of the construction project does not exceed $1,200,000. (b) REPORT TO CONGRESS. —If at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $1,200,000, the Secretary shall immediately furnish a complete report to the Committees on Armed Services and on the Committees on Appropriations of the Senate and House of Representatives explaining the reasons for the cost variation. 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

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