10 U.S.C. § 6277 — Conceptual and construction design

(a) Conceptual Design .: (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 6278.

(b) Construction Design .: (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.