---
kind: "section"
citation: "10 U.S.C. § 6278"
title: "10"
title_heading: "Armed Forces"
number: "6278"
heading: "Authority for emergency planning, design, and construction activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/6278"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart B — Atomic Energy Defense"
  - "Chapter 607 — Budget and Financial Management Matters"
  - "Subchapter I — Recurring National Security Authorization Provisions"
---

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

- (a) **Authority.—** The [Secretary](/usc/10/4951.md?p=3) of Energy may use any funds available to the [Department](/usc/10/101.md?p=a-6) of Energy pursuant to a [DOE national security authorization](/usc/10/6271.md?p=1), 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](/usc/10/101.md?p=a-6) of Energy [national security](/usc/10/801.md?p=16) [program](/usc/10/2101.md?p=1) construction project that, as determined by the [Secretary](/usc/10/4951.md?p=3), 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](/usc/10/4951.md?p=3) may not exercise the authority under [subsection (a)](#a) in the case of a construction project until the [Secretary](/usc/10/4951.md?p=3) has submitted to the [congressional defense committees](/usc/10/101.md?p=a-16) a report on the activities that the [Secretary](/usc/10/4951.md?p=3) intends to carry out under this section and the circumstances making those activities necessary.
- (c) **Specific Authority.—** The requirement of [section 6277(b)(2)](/usc/10/6277.md?p=b-2) does not apply to emergency planning, design, and construction activities conducted under this section.

## Source credit

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

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 2747 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).