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10 U.S.C. § 6325 — Notice-and-wait requirement applicable to certain third-party financing arrangements
Federal law — U.S. Code and appendices · legal_authorities
**(a) 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.
**(b) Covered Arrangements.—**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287&num=0&edition=prelim)).
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Source file: Laws/federal/codes/united-states-code/title-10/section-6325-notice-and-wait-requirement-applicable-to-certain-third-party-financing--1e7360292b.md
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Source location: Title 10, Chapter 608, § 6325; chapter-608-administrative-matters.md
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**(a) 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.
**(b) Covered Arrangements.—**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) or section 1370 11 See References in Text note below. of this title, each officer who is retired under section 8321 or 8322 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
**(b)** Each officer who is retired while serving in the grade of admiral, vice admiral, general, or lieutenant general by virtue of an appointment under [section 601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section601&num=0&edition=prelim) or who is retired while serving in a grade to which he was appointed or promoted under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section603&num=0&edition=prelim) or promoted under section 602 1 (as in effect before February 1, 1992) or section 5721 1 of this title—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade he would hold if he had not received such an appointment; and
(2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
**(c)** A warrant officer who retires under section 8321, 8322, or 8323 of this title may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8325
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The head of a Federal agency may enter into contracts under this subchapter solely for the purpose of achieving energy savings and benefits ancillary to that purpose. Each such contract may, notwithstanding any other provision of law, be for a period not to exceed 25 years. Such contract shall provide that the contractor shall incur costs of implementing energy savings measures, including at least the costs (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the contract.
(2)
(A) Contracts under this subchapter shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems.
(B) Aggregate annual payments by an agency to both utilities and energy savings performance contractors, under an energy savings performance contract, may not exceed the amount that the agency would have paid for utilities without an energy savings performance contract (as estimated through the procedures developed pursuant to this section) during contract years. The contract shall provide for a guarantee of savings to the agency, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract.
(C) Federal agencies may incur obligations pursuant to such contracts to finance energy conservation measures provided guaranteed savings exceed the debt
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8287
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2781, Pub. L. 107–314, div. D, title XLVIII, § 4801, formerly Pub. L. 99–145, title XV, § 1534, Nov. 8, 1985, 99 Stat. 774; Pub. L. 100–180, div. C, title I, § 3131(a), Dec. 4, 1987, 101 Stat. 1238; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4801, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(2), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(1), Dec. 26, 2013, 127 Stat. 1081, set out various costs not allowed under covered contracts. See [section 6321 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6321&num=0&edition=prelim), Armed Forces.
Section 2782, Pub. L. 107–314, div. D, title XLVIII, § 4802, formerly Pub. L. 101–189, div. C, title XXXI, § 3151, Nov. 29, 1989, 103 Stat. 1682; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4802, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(3), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 112–239, div. C, title XXXI, § 3131(v), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(J), Dec. 26, 2013, 127 Stat. 1073, established a prohibition on bonuses to contractors operating defense nuclear facilities. See [section 6322 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6322&num=0&edition=prelim), Armed Forces.
Section 2782a, Pub. L. 107–314, div. D, title XLVIII, § 4802A, as added Pub. L. 114–92, div. C, title XXXI, § 3134(a), Nov. 25, 2015, 129 Stat. 1207, required biennial assessments of emergency preparedness of defense nuclear facilities. See [section 6323 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6323&num=0&edition=prelim), Armed Forces.
Section 2783, Pub. L. 107–314, div. D, titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2791
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Federal law — U.S. Code and appendices · legal_authorities
Page 7577
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8287
for such training and certification and will be
used to increase the total amount of funds
available for such training and certification.
(c)(1) Before making any grant under sub-
section (a) the Secretary shall establish min-
imum standards for the training and certifi-
cation of individuals to conduct energy audits.
(2) The Secretary shall require each Governor
receiving any grant under this subchapter to
agree to meet the standards established pursu-
ant to paragraph (1) in any training and certifi-
cation conducted using funds provided under
this subchapter.
(Pub. L. 96–294, title V, § 583, June 30, 1980, 94
Stat. 761.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Energy Security
Act, and not as part of the National Energy Conserva-
tion Policy Act which comprises this chapter.
§ 8285c. Authorization of appropriations
(a) To carry out this subchapter there is au-
thorized to be appropriated the sum of $10,000,000
for the fiscal year ending on September 30, 1981,
and the sum of $15,000,000 for the fiscal year end-
ing on September 30, 1982.
(b) Any funds appropriated under the author-
ization contained in this section shall remain
available until expended.
(Pub. L. 96–294, title V, § 584, June 30, 1980, 94
Stat. 761.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Energy Security
Act, and not as part of the National Energy Conserva-
tion Policy Act which comprises this chapter.
SUBCHAPTER VI—COORDINATION OF FED-
ERAL ENERGY CONSERVATION FACTORS
AND DATA
Editorial Notes
CODIFICATION
This subchapter was enacted as part of the Energy
Security Act, and not as part of the National Energy
Conservation Policy Act which comprises this chapter.
§ 8286. Conse
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8287
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