
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274k. Baseline environmental management reports


(a) Annual environmental restoration reports

    (1) The Secretary of Energy shall (in the years and at the times 
specified in paragraph (2)) submit to the Congress a report on the 
activities and projects necessary to carry out the environmental 
restoration of all Department of Energy defense nuclear facilities.
    (2) Reports under paragraph (1) shall be submitted as follows:
        (A) The initial report shall be submitted not later than March 
    1, 1995.
        (B) A report after the initial report shall be submitted in each 
    year after 1995 during which the Secretary of Energy conducts, or 
    plans to conduct, environmental restoration activities and projects, 
    not later than 30 days after the date on which the President submits 
    to the Congress the budget for the fiscal year beginning in that 
    year.

(b) Biennial waste management reports

    (1) The Secretary of Energy shall (in the years and at the times 
specified in paragraph (2)) submit to the Congress a report on all 
activities and projects for waste management, including pollution 
prevention and transition of operational facilities to safe shutdown 
status, that are necessary for Department of Energy defense nuclear 
facilities.
    (2) Reports required under paragraph (1) shall be submitted as 
follows:
        (A) The initial report shall be submitted not later than June 1, 
    1995.
        (B) A report after the initial report shall be submitted in each 
    odd-numbered year after 1997, not later than 30 days after the date 
    on which the President submits to the Congress the budget for the 
    fiscal year beginning in that year.

(c) Contents of reports

    A report required under subsection (a) or (b) of this section shall 
be based on compliance with all applicable provisions of law, permits, 
regulations, orders, and agreements, and shall--
        (1) provide the estimated total cost of, and the complete 
    schedule for, the activities and projects covered by the report;
        (2) with respect to each such activity and project, contain--
            (A) a description of the activity or project;
            (B) a description of the problem addressed by the activity 
        or project;
            (C) the proposed remediation of the problem, if the 
        remediation is known or decided;
            (D) the estimated cost to complete the activity or project, 
        including, where appropriate, the cost for every five-year 
        increment;
            (E) the estimated date for completion of the activity or 
        project, including, where appropriate, progress milestones for 
        every five-year increment; and
            (F) a description of the personnel and facilities required 
        to complete the activity or project; and

        (3) contain a description of the research and development 
    necessary to develop the technology to conduct the activities and 
    projects covered by the report.

(d) Biennial status and variance reports

    (1)(A) The Secretary of Energy shall (in the years and at the time 
specified in subparagraph (B)) submit to the Congress a status and 
variance report on environmental restoration and waste management 
activities and projects at Department of Energy defense nuclear 
facilities.
    (B) A report under subparagraph (A) shall be submitted in 1995 and 
in each odd-numbered year thereafter during which the Secretary of 
Energy conducts environmental restoration and waste management 
activities, not later than 30 days after the date on which the President 
submits to the Congress the budget for the fiscal year beginning in that 
year.
    (2) Each status and variance report under paragraph (1) shall 
contain the following:
        (A) Information on each such activity and project for which 
    funds were appropriated for the two fiscal years immediately before 
    the fiscal year during which the report is submitted, including the 
    following:
            (i) Information on whether or not the activity or project 
        has been completed, and information on the estimated date of 
        completion for activities or projects that have not been 
        completed.
            (ii) The total amount of funds expended for the activity or 
        project during such prior fiscal years, including the amount of 
        funds expended from amounts made available as the result of 
        supplemental appropriations or a transfer of funds, and an 
        estimate of the total amount of funds required to complete the 
        activity or project.
            (iii) Information on whether the President requested an 
        amount of funds for the activity or project in the budget for 
        the fiscal year during which the report is submitted, and 
        whether such funds were appropriated or transferred.
            (iv) An explanation of the reasons for any projected cost 
        variance between actual and estimated expenditures of more than 
        15 percent or $10,000,000, or any schedule delay of more than 
        six months, for the activity or project.

        (B) For the fiscal year during which the report is submitted, a 
    disaggregation of the funds appropriated for Department of Energy 
    defense environmental restoration and waste management into the 
    activities and projects (including discrete parts of multiyear 
    activities and projects) that the Secretary of Energy expects to 
    accomplish during that fiscal year.
        (C) For the fiscal year for which the budget is submitted, a 
    disaggregation of the Department of Energy defense environmental 
    restoration and waste management budget request into the activities 
    and projects (including discrete parts of multiyear activities and 
    projects) that the Secretary of Energy expects to accomplish during 
    that fiscal year.

(e) Compliance tracking

    In preparing a report under this section, the Secretary of Energy 
shall provide, with respect to each activity and project identified in 
the report, information which is sufficient to track the Department of 
Energy's compliance with relevant Federal and State regulatory 
milestones.

(f) Public participation in development of information

    (1) The Secretary of Energy shall consult with the Administrator of 
the Environmental Protection Agency, the Attorney General, Governors and 
Attorneys General of affected States, appropriate representatives of 
affected Indian tribes, and interested members of the public in the 
development of information necessary to complete the reports required by 
subsections (a), (b), and (d) of this section.
    (2) Consultation under paragraph (1) shall not interfere with the 
timely submission to Congress of the budget for a fiscal year.
    (3) The Secretary may award grants to, and enter into cooperative 
agreements with, affected States and affected Indian tribes to 
facilitate the participation of such entities in the development of 
information under this subsection. The Secretary may also take 
appropriate action to facilitate the participation of interested members 
of the public in such development under this subsection.

(Pub. L. 103-160, div. C, title XXXI, Sec. 3153, Nov. 30, 1993, 107 
Stat. 1950; Pub. L. 103-337, div. C, title XXXI, Sec. 3160(b)-(d), Oct. 
5, 1994, 108 Stat. 3094; Pub. L. 104-201, div. C, title XXXI, Sec. 3152, 
Sept. 23, 1996, 110 Stat. 2839; Pub. L. 105-85, div. C, title XXXI, 
Sec. 3160, Nov. 18, 1997, 111 Stat. 2048.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1994, and not as part of the Department of Energy 
Organization Act which comprises this chapter.


                               Amendments

    1997--Subsec. (b)(2)(B). Pub. L. 105-85 substituted ``1997'' for 
``1995''.
    1996--Subsec. (b). Pub. L. 104-201, Sec. 3152(1), substituted 
``Biennial'' for ``Annual'' in heading and ``each odd-numbered year 
after 1995'' for ``each year after 1995'' in par. (2)(B).
    Subsec. (d). Pub. L. 104-201, Sec. 3152(2), substituted ``Biennial'' 
for ``Annual'' in heading, ``each odd-numbered year'' for ``each year'' 
in par. (1)(B), ``two fiscal years immediately'' for ``the fiscal year 
immediately'' in introductory provisions of par. (2)(A), and ``prior 
fiscal years'' for ``prior fiscal year'' in par. (2)(A)(ii).
    1994--Subsec. (b)(1). Pub. L. 103-337, Sec. 3160(b), inserted 
``including pollution prevention and'' after ``waste management,'' and 
struck out ``and technology research and development related to such 
activities and projects'' after ``shutdown status,''.
    Subsec. (c)(2)(F). Pub. L. 103-337, Sec. 3160(c)(2)-(4), added 
subpar. (F).
    Subsec. (c)(3). Pub. L. 103-337, Sec. 3160(c)(1), (5), added par. 
(3).
    Subsec. (f). Pub. L. 103-337, Sec. 3160(d), added subsec. (f).


  Requirement To Develop Future Use Plans for Environmental Management 
                                Programs

    Section 3153 of Pub. L. 104-201 provided that:
    ``(a) Authority To Develop Future Use Plans.--The Secretary of 
Energy may develop future use plans for any defense nuclear facility at 
which environmental restoration and waste management activities are 
occurring.
    ``(b) Requirement To Develop Future Use Plans.--The Secretary shall 
develop a future use plan for each of the following defense nuclear 
facilities:
        ``(1) Hanford Site, Richland, Washington.
        ``(2) Rocky Flats Plant, Golden, Colorado.
        ``(3) Savannah River Site, Aiken, South Carolina.
        ``(4) Idaho National Engineering Laboratory, Idaho.
    ``(c) Citizen Advisory Board.--(1) At each defense nuclear facility 
for which the Secretary of Energy intends or is required to develop a 
future use plan under this section and for which no citizen advisory 
board has been established, the Secretary shall establish a citizen 
advisory board.
    ``(2) The Secretary may authorize the manager of a defense nuclear 
facility for which a future use plan is developed under this section 
(or, if there is no such manager, an appropriate official of the 
Department of Energy designated by the Secretary) to pay routine 
administrative expenses of a citizen advisory board established for that 
facility. Such payments shall be made from funds available to the 
Secretary for program direction in carrying out environmental 
restoration and waste management activities necessary for national 
security programs.
    ``(d) Requirement To Consult With Citizen Advisory Board.--In 
developing a future use plan under this section with respect to a 
defense nuclear facility, the Secretary of Energy shall consult with a 
citizen advisory board established pursuant to subsection (c) or a 
similar advisory board already in existence as of the date of the 
enactment of this Act [Sept. 23, 1996] for such facility, affected local 
governments (including any local future use redevelopment authorities), 
and other appropriate State agencies.
    ``(e) 50-Year Planning Period.--A future use plan developed under 
this section shall cover a period of at least 50 years.
    ``(f) Deadlines.--For each facility listed in subsection (b), the 
Secretary of Energy shall develop a draft future use plan by October 1, 
1997, and a final future use plan by March 15, 1998.
    ``(g) Report.--Not later than 60 days after completing development 
of a final plan for a site listed in subsection (b), the Secretary of 
Energy shall submit to Congress a report on the plan. The report shall 
describe the plan and contain such findings and recommendations with 
respect to the site as the Secretary considers appropriate.
    ``(h) Savings Provisions.--(1) Nothing in this section, or in a 
future use plan developed under this section with respect to a defense 
nuclear facility, shall be construed as requiring any modification to a 
future use plan with respect to a defense nuclear facility that was 
developed before the date of the enactment of this Act [Sept. 23, 1996].
    ``(2) Nothing in this section may be construed to affect statutory 
requirements for an environmental restoration or waste management 
activity or project or to modify or otherwise affect applicable 
statutory or regulatory environmental restoration and waste management 
requirements, including substantive standards intended to protect public 
health and the environment, nor shall anything in this section be 
construed to preempt or impair any local land use planning or zoning 
authority or State authority.''


          Defense Nuclear Environmental Cleanup and Management

    Subtitle E of title XXXI of div. C of Pub. L. 104-201, as amended by 
Pub. L. 105-85, div. C, title XXXI, Sec. 3159, Nov. 18, 1997, 111 Stat. 
2047, provided that:
``SEC. 3171. PURPOSE.
    ``The purpose of this subtitle is to provide for the expedited 
environmental restoration and waste management of defense nuclear 
facilities through the use of cost-effective management mechanisms and 
innovative technologies.
``SEC. 3172. APPLICABILITY.
    ``(a) In General.--The provisions of this subtitle shall apply to 
the following defense nuclear facilities:
        ``(1) Any defense nuclear facility for which the fiscal year 
    1996 environmental management budget was $350,000,000 or more.
        ``(2) Any other defense nuclear facility if--
            ``(A) the chief executive officer of the State in which the 
        facility is located submits to the Secretary a request that the 
        facility be covered by the provisions of this subtitle; and
            ``(B) the Secretary approves the request.
    ``(b) Limitation.--The Secretary may not approve a request under 
subsection (a)(2) until 60 days after the date on which the Secretary 
notifies Congress of the Secretary's receipt of the request.
``SEC. 3173. SITE MANAGER.
    ``(a) Appointment.--(1) Subject to paragraph (2), the Secretary 
shall expeditiously appoint a Site Manager for each defense nuclear 
facility (in this subtitle referred to as the `Site Manager').
    ``(2) In the case of a defense nuclear facility at which another 
program, in addition to environmental management operations, is carried 
out, and such other program is subject to management by a site manager, 
field office manager, or operations office manager, the Secretary shall 
appoint such manager to be the Site Manager for such facility for 
purposes of this subtitle.
    ``(b) Authority.--(1) Except as provided in paragraph (5), in 
addition to other authorities provided for in this subtitle, the 
Secretary may delegate to the Site Manager of a defense nuclear facility 
authority to oversee and direct environmental management operations at 
the facility, including the authority to--
        ``(A) enter into and modify contractual agreements to enhance 
    environmental restoration and waste management at the facility;
        ``(B) request that the Department headquarters submit to 
    Congress a reprogramming package shifting funds among accounts in 
    order to facilitate the most efficient and timely environmental 
    restoration and waste management of the facility, and, in the event 
    that the Department headquarters does not act upon the request 
    within 60 days, submit such request to the appropriate congressional 
    committees for review;
        ``(C) subject to paragraph (2), negotiate amendments to 
    environmental agreements for the Department;
        ``(D) manage Department personnel at the facility;
        ``(E) consider the costs, risk reduction benefits, and other 
    benefits for the purposes of ensuring protection of human health and 
    the environment or safety, with respect to any environmental 
    remediation activity the cost of which exceeds $25,000,000; and
        ``(F) have assessments prepared for environmental restoration 
    activities (in several documents or a single document, as determined 
    by the Site Manager).
    ``(2) In using the authority described in paragraph (1)(C), a Site 
Manager may not negotiate an amendment that is expected to result in 
additional life cycle costs to the Department without the approval of 
the Secretary.
    ``(3) In using any authority described in paragraph (1), a Site 
Manager of a facility shall consult with the State where the facility is 
located and the advisory board for the facility.
    ``(4) The delegation of any authority pursuant to this subsection 
shall not be construed as restricting the Secretary's authority to 
delegate other authorities as necessary.
    ``(5) In the case of the Hanford Reservation, Richland, Washington, 
the Secretary shall delegate to the Site Manager the authority described 
in paragraph (1) for fiscal year 1998. The Secretary may withdraw the 
delegated authority if the Secretary--
        ``(A) determines that the Site Manager of the Hanford 
    Reservation has misused or misapplied that authority; and
        ``(B) the Secretary submits to Congress a notification of the 
    Secretary's intent to withdraw the authority.
    ``(c) Information to Secretary.--The Site Manager of a defense 
nuclear facility shall regularly inform the Secretary, Congress, and the 
advisory board for the facility of the progress made by the Site Manager 
to achieve the expedited environmental restoration and waste management 
of the facility.
``SEC. 3174. DEPARTMENT OF ENERGY ORDERS.
    ``An order imposed after the date of the enactment of this Act 
[Sept. 23, 1996] relating to the execution of environmental restoration, 
waste management, or technology development activities at a defense 
nuclear facility under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.) may be imposed by the Secretary at the defense nuclear facility 
only if the Secretary finds that the order is necessary for the 
protection of human health and the environment or safety, the 
fulfillment of current legal requirements, or the conduct of critical 
administrative functions.
``SEC. 3175. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF DEFENSE NUCLEAR 
        WASTE.
    ``(a) In General.--The Site Manager of each defense nuclear facility 
shall promote the deployment of innovative environmental technologies 
for remediation of defense nuclear waste at the facility.
    ``(b) Criteria.--To carry out subsection (a), the Site Manager of a 
defense nuclear facility shall establish a program at the facility for 
the testing and deployment of innovative environmental technologies for 
the remediation of defense nuclear waste at the facility. In 
establishing such a program, the Site Manager may--
        ``(1) establish a simplified, standardized, and timely process 
    for the testing, verification, certification, and deployment of 
    environmental technologies;
        ``(2) solicit applications to test and deploy environmental 
    technologies suitable for environmental restoration and waste 
    management activities at the facility, including prevention, 
    control, characterization, treatment, and remediation of 
    contamination;
        ``(3) consult and cooperate with the heads of existing programs 
    at the facility for the verification and certification of 
    environmental technologies at the facility;
        ``(4) pay the costs of the demonstration of such technologies;
        ``(5) enter into contracts and other agreements with other 
    public and private entities to deploy environmental technologies at 
    the facility; and
        ``(6) include incentives, such as product performance 
    specifications, in contracts to encourage the implementation of 
    innovative environmental technologies.
    ``(c) Follow-On Contracts.--(1) If the Secretary and a person 
demonstrating a technology under the program enter into a contract for 
remediation of nuclear waste at a defense nuclear facility covered by 
this subtitle, or at any other Department facility, as a follow-on to 
the demonstration of the technology, the Secretary shall ensure that the 
contract provides for the Secretary to recoup from the contractor the 
costs incurred by the Secretary pursuant to subsection (b)(6) for the 
demonstration.
    ``(2) No contract between the Department and a contractor for the 
demonstration of technology under subsection (b) may provide for 
reimbursement of the costs of the contractor on a cost plus fee basis.
    ``(d) Safe Harbors.--In the case of an environmental technology 
tested, verified, certified, and deployed at a defense nuclear facility 
under a program established under subsection (b), the Site Manager of 
another defense nuclear facility may request the Secretary to waive or 
limit contractual or Department regulatory requirements that would 
otherwise apply in implementing the same environmental technology at 
such other facility.
``SEC. 3176. PERFORMANCE-BASED CONTRACTING.
    ``(a) Program.--The Secretary shall develop and implement a program 
for performance-based contracting for contracts entered into for 
environmental remediation at defense nuclear facilities. The program 
shall ensure that, to the maximum extent practicable and appropriate, 
such contracts include the following:
        ``(1) Clearly stated and results oriented performance criteria 
    and measures.
        ``(2) Appropriate incentives for contractors to meet or exceed 
    the performance criteria effectively and efficiently.
        ``(3) Appropriate criteria and incentives for contractors to 
    seek and engage subcontractors who may more effectively and 
    efficiently perform either unique and technologically challenging 
    tasks or routine and interchangeable services.
        ``(4) Specific incentives for cost savings.
        ``(5) Financial accountability.
        ``(6) When appropriate, reduction of fee for failure to meet 
    minimum performance criteria and standards.
    ``(b) Criteria and Measures.--Performance criteria and measures 
should take into consideration, at a minimum, the following: managerial 
control; elimination or reduction of risk to public health and the 
environment; workplace safety; financial control; goal-oriented work 
scope; use of innovative and alternative technologies and techniques 
that result in cleanups being performed less expensively, more quickly, 
and within quality parameters; and performing within benchmark cost 
estimates.
    ``(c) Consultation.--In implementing this section, the Secretary 
shall consult with interested parties.
    ``(d) Deadline.--The Secretary shall implement this section not 
later than October 1, 1997, unless the Secretary submits to Congress 
before that date a report with a schedule for completion of action under 
this section.
``SEC. 3177. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL CLEANUP 
        DEMONSTRATION AREAS.
    ``(a) Designation.--Each defense nuclear facility is hereby 
designated as an environmental cleanup demonstration area to carry out 
the purposes of this subtitle, including the utilization and evaluation 
of new technologies to be used in environmental restoration and 
remediation at other defense nuclear facilities.
    ``(b) Sense of Congress.--It is the sense of Congress that Federal 
and State regulatory agencies, members of the communities surrounding 
any defense nuclear facility, and other affected parties with respect to 
the facility should continue to--
        ``(1) develop expedited and streamlined processes and systems 
    for cleaning up such facility;
        ``(2) eliminate unnecessary administrative complexity and 
    unnecessary duplication of regulation with respect to the cleanup of 
    such facility;
        ``(3) proceed expeditiously and cost-effectively with 
    environmental restoration and remediation activities at such 
    facility;
        ``(4) consider future land use in selecting environmental 
    cleanup remedies at such facility; and
        ``(5) identify and recommend to Congress changes in law needed 
    to expedite the cleanup of such facility.
``SEC. 3178. DEFINITIONS.
    ``In this subtitle:
        ``(1) The term `Secretary' means the Secretary of Energy.
        ``(2) The term `Department' means the Department of Energy.
        ``(3) The term `defense nuclear facility' has the meaning given 
    the term `Department of Energy defense nuclear facility' in section 
    318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
``SEC. 3179. TERMINATION.
    ``This subtitle is repealed effective September 30, 2001.
``SEC. 3180. REPORT.
    ``Not later than September 30, 2000, the Secretary shall submit to 
Congress a report on the effectiveness of this subtitle in expediting 
environmental restoration and waste management of defense nuclear 
facilities. The report shall include recommendations on whether this 
subtitle should remain in effect beyond September 30, 2001.''


Accelerated Schedule for Environmental Restoration and Waste Management 
                               Activities

    Pub. L. 104-106, div. C, title XXXI, Sec. 3156, Feb. 10, 1996, 110 
Stat. 625, provided that:
    ``(a) Accelerated Cleanup.--The Secretary of Energy shall accelerate 
the schedule for environmental restoration and waste management 
activities and projects for a site at a Department of Energy defense 
nuclear facility if the Secretary determines that such an accelerated 
schedule will achieve meaningful, long-term cost savings to the Federal 
Government and could substantially accelerate the release of land for 
local reuse.
    ``(b) Consideration of Factors.--In making a determination under 
subsection (a), the Secretary shall consider the following:
        ``(1) The cost savings achievable by the Federal Government.
        ``(2) The amount of time for completion of environmental 
    restoration and waste management activities and projects at the site 
    that can be reduced from the time specified for completion of such 
    activities and projects in the baseline environmental management 
    report required to be submitted for 1995 under section 3153 of the 
    National Defense Authorization Act for Fiscal Year 1994 (42 U.S.C. 
    7274k).
        ``(3) The potential for reuse of the site.
        ``(4) The risks that the site poses to local health and safety.
        ``(5) The proximity of the site to populated areas.
    ``(c) Report.--Not later than May 1, 1996, the Secretary shall 
submit to Congress a report on each site for which the Secretary has 
accelerated the schedule for environmental restoration and waste 
management activities and projects under subsection (a). The report 
shall include an explanation of the basis for the determination for that 
site required by such subsection, including an explanation of the 
consideration of the factors described in subsection (b).
    ``(d) Savings Provision.--Nothing in this section may be construed 
to affect a specific statutory requirement for a specific environmental 
restoration or waste management activity or project or to modify or 
otherwise affect applicable statutory or regulatory environmental 
restoration and waste management requirements, including substantive 
standards intended to protect public health and the environment.''
