§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.
(
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.
Employee Incentives for Employees at Closure Project Facilities
"(a)
"(b)
"(1) has worked continuously at a closure facility for at least two years;
"(2) is an employee (as that term is defined in section 2105(a) of title 5, United States Code);
"(3) has a fully satisfactory or equivalent performance rating during the most recent performance period and is not subject to an adverse notice regarding conduct; and
"(4) meets any other requirement or condition under subsection (d) for the incentive which is provided the employee under this section.
"(c)
"(d)
"(1) The right to accumulate annual leave provided by section 6303 of title 5, United States Code, for use in succeeding years until it totals not more than 90 days, or not more than 720 hours based on a standard work week, at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, except that-
"(A) any annual leave that remains unused when an employee transfers to a position in a department or agency of the Federal Government shall be liquidated upon the transfer by payment to the employee of a lump sum for leave in excess of 30 days, or in excess of 240 hours based on a standard work week; and
"(B) upon separation from service, annual leave accumulated under this paragraph shall be treated as any other accumulated annual leave is treated.
"(2) The right to be paid a retention allowance in a lump sum in compliance with paragraphs (1) and (2) of section 5754(b) of title 5, United States Code, if the employee meets the requirements of section 5754(a) of that title, except that the retention allowance may exceed 25 percent, but may not be more than 30 percent, of the employee's rate of basic pay.
"(e)
"(f)
"(2) Except as provided under paragraph (3), an eligible employee of the Department of Energy who is paid a retention allowance under subsection (d)(2) and who violates an agreement under subsection (e), or is dismissed for cause, before the end of the period or date of employment agreed upon under such agreement shall refund to the United States an amount that bears the same ratio to the aggregate amount so paid to or received by the employee as the unserved part of such employment bears to the total period of employment agreed upon under such agreement.
"(3) The Secretary may waive the applicability of paragraph (1) or (2) to an employee otherwise covered by such paragraph if the Secretary determines that there is good and sufficient reason for the waiver.
"(g)
"(h)
"(i)
"(A) separate from service any employee at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n) who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and
"(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force.
"(2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force.
"(3) An employee with critical knowledge and skills (as defined by the Secretary) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary determines that such participation would impair the performance of the mission of the Department of Energy.
"(j)
Section Referred to in Other Sections
This section is referred to in title 5 section 8905a.