§2743 — Title 50 War and National Defense | U.S. Code

Summary

The Secretary of Energy may use operation-and-maintenance or facilities-and-infrastructure funds under a DOE national security authorization to carry out minor construction projects. Each year the Secretary must report to the congressional defense committees on every use of this authority in the prior fiscal year. The report must briefly describe each project and give, for each one, the original estimated total cost and planned completion date, the percent complete, and the current estimated total cost and completion date. If a project’s estimated cost rises above the minor construction threshold during work, the Secretary must immediately notify the congressional defense committees and explain why. A project with an estimated cost over $5,000,000 cannot begin until the committees are notified and 15 days have passed after they receive the notice. "Minor construction project" means a plant project not specifically authorized by law whose approved estimated total cost does not exceed the minor construction threshold.

Title 50, §2743

War and National Defense — Source: USLM XML via OLRC

(a)Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects.

(b)The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding fiscal year. Each report shall provide a brief description of each minor construction project covered by the report. The report shall include with respect to each project the following:

(1)The estimated original total project cost and the estimated original date of completion.

(2)The percentage of the project that is complete.

(3)The current estimated total project cost and estimated date of completion.

(c)If, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation.

(d)Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—

(1)the Secretary notifies the congressional defense committees of such project and total estimated cost; and

(2)a period of 15 days has elapsed after the date on which such notification is received.

(e)In this section, the term “minor construction project” means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 7386b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2022—Subsec. (b). Pub. L. 117–263 inserted at end “The report shall include with respect to each project the following:” and added pars. (1) to (3). 2021—Subsecs. (d), (e). Pub. L. 117–81 added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Notification Pub. L. 111–84, div. C, title XXXI, § 3118(c), Oct. 28, 2009, 123 Stat. 2709, as amended by Pub. L. 111–383, div. C, title XXXI, § 3121(b), Jan. 7, 2011, 124 Stat. 4514, which provided that, notwithstanding section 2743 of title 50, the Secretary of Energy could not start a general plant project with a total estimated cost of more than $5,000,000 until certain conditions were met, was repealed by Pub. L. 117–81, div. C, title XXXI, § 3115(b)(2), Dec. 27, 2021, 135 Stat. 2227.

§2743 Minor Construction Projects