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10 U.S.C. § 6278 — Authority for emergency planning, design, and construction activities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
**(b) Limitation.—** The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.
**(c) Specific Authority.—** The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.
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Stable record: federal_law:legal_authorities:record_usc_392ceb3af9246437eba30b2e
Source file: Laws/federal/codes/united-states-code/title-10/section-6278-authority-for-emergency-planning-design-and-construction-activities--5148ac8164.md
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Source location: Title 10, Chapter 607, § 6278; chapter-607-budget-and-financial-management-matters.md
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**(a) Authority.—** The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
**(b) Limitation.—** The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.
**(c) Specific Authority.—** The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2744, Pub. L. 107–314, div. D, title XLVII, § 4704, formerly div. C, title XXXVI, § 3623, Dec. 2, 2002, 116 Stat. 2758; renumbered div. D, title XLVII, § 4704, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, placed limits on construction projects, with some exceptions. See [section 6275 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6275&num=0&edition=prelim), Armed Forces.
Section 2745, Pub. L. 107–314, div. D, title XLVII, § 4705, formerly div. C, title XXXVI, § 3624, Dec. 2, 2002, 116 Stat. 2758; renumbered div. D, title XLVII, § 4705, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, provided certain fund transfer authority to the Secretary of Energy. See [section 6276 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6276&num=0&edition=prelim), Armed Forces.
Section 2746, Pub. L. 107–314, div. D, title XLVII, § 4706, formerly div. C, title XXXVI, § 3625, Dec. 2, 2002, 116 Stat. 2759; renumbered div. D, title XLVII, § 4706, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), (D)(ii), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 113–66, div. C, title XXXI, § 3120, Dec. 26, 2013, 127 Stat. 1059; Pub. L. 114–328, div. C, title XXXI, § 3121, Dec. 23, 2016, 130 Stat. 2764; Pub. L. 117–81, div. C, title XXXI, § 3115(c), Dec. 27, 2021, 135 Stat. 2227, related to conceptual and construction designs for potential construction projects. See [section 6277 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6277&num=0&edition=prelim), Armed Forces.
Section 2747, Pub. L. 107–314, div. D, title XLVII, § 4707, formerly div. C, title XXXV
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