§6325 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Energy must wait 30 days after sending a written notice to the congressional defense committees before agreeing to certain private financing deals. This covers many kinds of private or third-party financing, public‑private partnerships, privatizations, or similar arrangements used for DOE projects needed for national security when a contractor or federal agency charges DOE as a contract cost for office space, buildings, or other property worth at least $5,000,000. The wait does not apply when DOE or a contractor buys or signs a capital lease for space, or when the deal is part of a capital improvement under an energy savings performance contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).

Title 10, §6325

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.

(b)(1)Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that—

(A)is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and

(B)involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000.

(2)An arrangement referred to in subsection (a) does not include an arrangement that—

(A)involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or

(B)is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6325 was renumbered section 8325 of this title. Provisions similar to those in this section were contained in section 2784 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (b). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “In general” and “Exception”, respectively.

§6325 Notice-and-wait Requirement Applicable to Certain Third-party Financing Arrangements