---
kind: "section"
citation: "10 U.S.C. § 6325"
title: "10"
title_heading: "Armed Forces"
number: "6325"
heading: "Notice-and-wait requirement applicable to certain third-party financing arrangements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/6325"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart B — Atomic Energy Defense"
  - "Chapter 608 — Administrative Matters"
  - "Subchapter I — Contracts"
---

# §6325. Notice-and-wait requirement applicable to certain third-party financing arrangements

- (a) **Notice-and-wait Requirement.—** The [Secretary](/usc/10/4951.md?p=3) of Energy may not enter into an arrangement described in [subsection (b)](#b) until 30 days after the date on which the [Secretary](/usc/10/4951.md?p=3) notifies the [congressional defense committees](/usc/10/101.md?p=a-16) in writing of the proposed arrangement.
- (b) **Covered Arrangements.—**
  - (1) Except as provided in [paragraph (2)](#b-2), an arrangement referred to in [subsection (a)](#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](/usc/10/101.md?p=a-6) of Energy to carry out [programs](/usc/10/2101.md?p=1) necessary for [national security](/usc/10/801.md?p=16); and
    - (B) involves a contractor or Federal [agency](/usc/10/3451.md?p=3) obtaining and charging to the [Department](/usc/10/101.md?p=a-6) of Energy as an allowable cost under a contract the use of office space, [facilities](/usc/10/2700.md?p=2), or other real property assets with a value of at least $5,000,000.
  - (2) An arrangement referred to in [subsection (a)](#a) does not include an arrangement that—
    - (A) involves the [Department](/usc/10/101.md?p=a-6) of Energy or a contractor acquiring or entering into a capital lease for office space, [facilities](/usc/10/2700.md?p=2), 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](/usc/42/8287.md)).

## Source credit

(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1443, 1462.)

## Notes

### 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.