Notice-and-wait Requirement .—
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.
Covered Arrangements .—
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—
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
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.
An arrangement referred to in subsection (a) does not include an arrangement that—
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
42 U.S.C. 8287 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 ().
Pub. L. 119–60, div. C, title XXXI, § 3111(a)139 Stat. 1443(Added and amended , (d)(2), , , 1462.)
Editorial Notes
Prior Provisions
section 8325 of this titleA prior section 6325 was renumbered .
section 2784 of Title 50Pub. L. 119–60, § 3111(b)(1)Provisions similar to those in this section were contained in , War and National Defense, prior to repeal by .
Amendments
Pub. L. 119–60, § 3111(d)(2)(B)2025—, realigned margins.
Pub. L. 119–60, § 3111(d)(2)(A)“In general”“Exception”Subsec. (b). , struck out pars. (1) and (2) headings which read as follows: and , respectively.