
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[3136]]
[CITE: 42USC7274n]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274n. Projects to accelerate closure activities at defense 
        nuclear facilities
        

(a) In general

    The Secretary of Energy shall select and carry out closure-
acceleration projects in accordance with this section.

(b) Purpose

    The purpose of a closure-acceleration project shall be, within a 
fixed period of time, to clean up or decommission a Department of Energy 
defense nuclear facility or portion thereof and to make the facility 
safe by stabilizing, consolidating, treating, or removing nuclear 
materials from the facility in order to reduce significantly or 
eliminate future costs at the facility.

(c) Eligible projects

    (1) The Secretary of Energy may establish a closure-acceleration 
project as eligible for selection under subsection (e) of this section 
by--
        (A) developing a plan for the project that meets the criteria 
    under paragraph (2); and
        (B) determining that the project will achieve significant long-
    term cost savings to the Federal Government from the baseline cost 
    estimate made by the Department of Energy for the project.

    (2) A plan for a closure-acceleration project under this section 
shall--
        (A) define a clear, delineated scope of work for completion of 
    the project;
        (B) demonstrate that, with respect to the site of the proposed 
    project, there is a regulatory agreement between the Department of 
    Energy and other appropriate authorities for the implementation of 
    environmental remediation requirements that would allow for 
    successful completion of the project;
        (C) demonstrate, to the maximum extent possible, the support of 
    State and local elected officials and the public for the project;
        (D) contain performance-based provisions to be included in the 
    contract for the project, including--
            (i) clearly stated and results-oriented performance criteria 
        and measures;
            (ii) appropriate incentives for the contractor to meet and 
        exceed the performance criteria effectively and efficiently;
            (iii) appropriate criteria and incentives for the contractor 
        to seek and engage subcontractors who may more effectively and 
        efficiently perform either unique and technologically 
        challenging tasks or routine and interchangeable services;
            (iv) specific incentives for cost savings;
            (v) financial accountability; and
            (vi) when appropriate, reduction of fee for failure to meet 
        minimum performance criteria and standards;

        (E) demonstrate that the project will use new and innovative 
    cleanup and waste management technology with potential for 
    application to other locations and facilities without requiring the 
    development of new technologies; and
        (F) demonstrate that the project can be completed within 10 
    years from the date of its selection.

(d) Program administration

    The Secretary of Energy, acting through the Assistant Secretary for 
Environmental Management, shall implement a program to carry out the 
provisions of this section.

(e) Selection of projects

    (1) The Secretary of Energy shall select closure-acceleration 
projects to be carried out under this section from among those projects 
established as eligible under subsection (c) of this section that will 
result in the most significant long-term cost savings to the Government 
and the most significant reduction of imminent risk.
    (2) For each project selected, the Secretary shall submit to 
Congress a report setting forth the reasons why the project was 
selected, based on the criteria under subsection (c)(2) of this section 
and paragraph (1) of this subsection.

(f) Multiyear contracts

    Notwithstanding section 254c(d) of title 41, the Secretary of Energy 
may enter into multiyear contracts to carry out projects selected under 
this section for up to 10 program years.

(g) Funding

    (1) In the budget submitted to Congress under section 1105(a) of 
title 31 each year, the President shall set forth funds for carrying out 
closure-acceleration projects under this section as a separate item in 
the environmental restoration and waste management account of the 
Department of Energy budget.
    (2) Funds appropriated for purposes of carrying out projects under 
this section shall remain available until expended.
    (3) If a closure-acceleration project is being carried out at a 
defense nuclear facility with funds appropriated for such projects, the 
Secretary of Energy may not reduce the funds otherwise allocated to that 
defense nuclear facility for environmental restoration and waste 
management by reason of the funds being used for the project at that 
facility.
    (4) Funds appropriated for purposes of carrying out projects under 
this section may not be used for an item for which Congress has 
specifically denied funds or for a new program or project that has not 
been authorized by Congress.

(h) Annual report

    The Secretary of Energy shall submit each year to Congress a report 
on the status of each closure-acceleration project being carried out 
under this section. The report shall include, for each such project, the 
following:
        (1) A description of the funding already provided for the 
    project.
        (2) A description of the extent of the cleanup, decommissioning, 
    stabilization, consolidation, treatment, or removal activities 
    completed.
        (3) A comparison of the actual results of the project to the 
    original proposal and the actual cost of the project to the 
    originally proposed cost.
        (4) A description of the funding needed in future fiscal years 
    for completion of the project.

(i) Duration of program

    No closure-acceleration project selected under this section may be 
carried out after the expiration of the 15-year period beginning on 
September 23, 1996.

(j) Savings provision

    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.

(Pub. L. 104-201, div. C, title XXXI, Sec. 3143, Sept. 23, 1996, 110 
Stat. 2836.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1997, and not as part of the Department of Energy 
Organization Act which comprises this chapter.
