§2744 — Title 50 War and National Defense | U.S. Code

Summary

You cannot start work or agree to spend more money on a Department of Energy national security construction project if the latest cost estimate is more than 25% higher than the larger of: the amount Congress approved or the total cost shown in the most recent budget justification sent to Congress. You can proceed only after the Secretary of Energy sends a report to the congressional defense committees explaining why, and 30 days pass after the committees get the report. When counting those 30 days, skip any day when either House of Congress is not in session because it has adjourned for more than three days to a specific date. The rule does not apply to projects under the "minor construction threshold" (the small-project dollar limit set elsewhere).

Title 50, §2744

War and National Defense — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of—

(1)the amount authorized for the project; or

(2)the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress.

(b)An action described in subsection (a) may be taken if—

(1)the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and

(2)a period of 30 days has elapsed after the date on which the report is received by the committees.

(c)In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.

(d)Subsection (a) does not apply to a construction project with a current estimated cost of less than the minor construction threshold.

Editorial Notes

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

§2744 Limits on Construction Projects

Summary

Title 50, §2744

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata