§6277 — Title 10 Armed Forces | U.S. Code

§6277 Conceptual and Construction Design

Title 10 › Subtitle Subtitle A— General Military Law › Part VI— ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B— Atomic Energy Defense › Chapter 607— BUDGET AND FINANCIAL MANAGEMENT MATTERS › Subchapter I— RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6277

Last updated Apr 18, 2026|Official source

Summary

The Secretary of Energy must finish a conceptual design before asking Congress for money for any construction project that supports a DOE national security program. If completing that design will cost more than $5,000,000, the Secretary must first ask Congress for money for the design itself before asking for construction funds. This does not apply to projects smaller than the minor construction threshold (the dollar cutoff for small projects) or to emergency work under section 6278. Under the DOE national security authorization, the Secretary may pay for construction design (including architects and engineers) out of authorized amounts if the design will cost $5,000,000 or less. If the design will cost more than $5,000,000, Congress must specifically authorize those funds.

Title 10, §6277

Armed Forces — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.

(2)If the estimated cost of completing a conceptual design for a construction project exceeds $5,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project.

(3)The requirement in paragraph (1) does not apply to a request for funds—

(A)for a construction project the total estimated cost of which is less than the minor construction threshold; or

(B)for emergency planning, design, and construction activities under section 6278.

(b)(1)Within the amounts authorized by a DOE national security authorization, the Secretary may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $5,000,000.

(2)If the total estimated cost for construction design in connection with any construction project exceeds $5,000,000, funds for that design must be specifically authorized by law.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2746 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (a). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: “Requirement”, “Requests for conceptual design funds”, and “Exceptions”, respectively. Subsec. (b). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Authority” and “Limitation on availability of funds for certain projects”, respectively.