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Title 50 — War and National DefenseRelease 119-73not60

§2746 Conceptual and Construction Design

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter VII— BUDGET AND FINANCIAL MANAGEMENT MATTERS › Part A— Recurring National Security Authorization Provisions › § 2746

Last updated Apr 5, 2026|Official source

Summary

Before asking Congress for money to build a project that supports a Department of Energy national security program, the Secretary of Energy must finish a conceptual design. If finishing that design will cost more than $5,000,000, the Secretary must ask Congress for funds for the design before asking for construction money. This does not apply to projects below the minor construction threshold or to emergency planning, design, and construction under section 2747. The Secretary may pay for design work up to $5,000,000 from amounts already authorized for DOE national security work. If the design will cost more than $5,000,000, Congress must specifically authorize funds for that design by law.

Full Legal Text

Title 50, §2746

War and National Defense — 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 2747 of this title.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

2021—Subsec. (b). Pub. L. 117–81 substituted “$5,000,000” for “$2,000,000” in two places. 2016—Subsec. (a)(2). Pub. L. 114–328, § 3121(a), substituted “$5,000,000” for “$3,000,000”. Subsec. (b). Pub. L. 114–328, § 3121(b), substituted “$2,000,000” for “$1,000,000” in two places. 2013—Subsec. (b). Pub. L. 113–66 substituted “$1,000,000” for “$600,000” in two places. 2003—Subsec. (a)(3)(B). Pub. L. 108–136, § 3141(j)(2)(D)(ii), made technical amendment to reference in original act which appears in text as reference to section 2747 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2746

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60