Title 10Armed ForcesRelease 119-73

§6278 Authority for emergency planning, design, and construction activities

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 607— - BUDGET AND FINANCIAL MANAGEMENT MATTERS › Subchapter SUBCHAPTER I— - RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6278

Last updated Apr 6, 2026|Official source

Summary

The Energy Secretary can use DOE national-security money, including funds for advance planning, engineering, design, and plant projects, to quickly plan, design, and build any DOE national-security construction project the Secretary finds necessary to protect public health and safety, meet defense needs, or protect property. Before using this power, the Secretary must send a report to the congressional defense committees saying what will be done and why. The requirement in section 6277(b)(2) does not apply to these emergency actions.

Full Legal Text

Title 10, §6278

Armed Forces — Source: USLM XML via OLRC

(a)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)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)The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2747 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Reference

Citations & Metadata

Citation

10 U.S.C. § 6278

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73