Title 50 — War and National DefenseRelease 119-73not60

§2784 Notice-and-wait Requirement Applicable to Certain Third-party Financing Arrangements

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter VIII— ADMINISTRATIVE MATTERS › Part A— Contracts › § 2784

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Energy must wait 30 days after telling the defense committees in Congress in writing before making certain financing deals. These deals include private financing, public‑private partnerships, privatizations, or similar arrangements tied to projects paid for with DOE money for national security, when a contractor or federal agency charges DOE as an allowed contract cost for office space, facilities, or other real property worth at least $5,000,000. This rule does not cover capital leases for such property. It also does not cover capital improvements done as part of an energy savings performance contract under section 8287 of Title 42.

Full Legal Text

Title 50, §2784

War and National Defense — 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 8287 of title 42.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2784

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60