10 U.S.C. § 6325 — Notice-and-wait requirement applicable to certain third-party financing arrangements

(a) Notice and waiting. The Secretary may not enter an arrangement described in subsection (b) until 30 days after notifying the congressional defense committees^* in writing of the proposed arrangement.

(b) Covered arrangements. (1) Except as paragraph (2) provides, a covered arrangement is an alternative, third-party, public-private, privatization, private-capital, or other financing arrangement connected with a project funded for Department of Energy national-security programs, when a contractor or Federal agency obtains office space, facilities, or other real-property assets and charges their use to the Department as an allowable contract cost, and the assets are worth at least $5,000,000. (2) It does not include an arrangement in which the Department or a contractor acquires or enters a capital lease for the space, facilities, or assets, or an arrangement connected with a capital-improvement project under an energy savings performance contract under section 801 of the National Energy Conservation Policy Act.