Page:United States Statutes at Large Volume 110 Part 1.djvu/639

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 615 (B) $1,000,000 more than 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 such 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 which Congress has specifically denied funds. SEC. 3122. LIMITS ON GENI:RAL PLANT PROJECTS. (a) IN GENERAL.— The Secretary of Energy may carry out any construction project under the general plant projects authorized by this title if the total estimated cost of the construction project does not exceed $2,000,000. (b) REPORT TO CONGRESS.—I f, 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 $2,000,000, the Secretary shall immediately furnish a complete report to the congressional defense committees 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 obligations incurred in connection with the project above the total estimated cost, whenever the current estimated cost of the construction project, which is 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— (A) the amount authorized for the project; or (B) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress. (2) An action described in paragraph (1) may be taken if— Reports. (A) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and (B) a period of 30 days has elapsed after the date on which the report is received by the committees. (3) In the computation of the 30-day period under paragraph (2), 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. (b) EXCEPTION.—Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000.

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