10 USC § 6278 - Authority for emergency planning, design, and construction activities

---
identifier: "/us/usc/t10/s6278"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 6278 - Authority for emergency planning, design, and construction activities"
title_number: 10
title_name: "ARMED FORCES"
section_number: "6278"
section_name: "Authority for emergency planning, design, and construction activities"
chapter_number: 607
chapter_name: "BUDGET AND FINANCIAL MANAGEMENT MATTERS"
subchapter_number: "I"
subchapter_name: "RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS"
part_number: "VI"
part_name: "ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1429.)"
---


# § 6278. Authority for emergency planning, design, and construction activities

**(a)** **Authority.—** The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.

**(b)** **Limitation.—** The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.

**(c)** **Specific Authority.—** The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.

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**Source Credit**: (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1429.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in , War and National Defense, prior to repeal by .