50 U.S.C. § 2746 — Conceptual and construction design

(a) Conceptual design (1) Requirement 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) Requests for conceptual design funds 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) Exceptions 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) Construction design (1) Authority 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) Limitation on availability of funds for certain projects 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. ( Pub. L. 107–314, div. D, title XLVII, § 4706 , formerly div. C, title XXXVI, § 3625, Dec. 2, 2002 , 116 Stat. 2759 ; renumbered div. D, title XLVII, § 4706, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A) –(C), (D)(ii), Nov. 24, 2003 , 117 Stat. 1781 ; Pub. L. 113–66, div. C, title XXXI, § 3120 , Dec. 26, 2013 , 127 Stat. 1059 ; Pub. L. 114–328, div. C, title XXXI, § 3121 , Dec. 23, 2016 , 130 Stat. 2764 ; Pub. L. 117–81, div. C, title XXXI, § 3115(c) , Dec. 27, 2021 , 135 Stat. 2227 .) 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 .

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