50 U.S.C. § 2611 (WAR AND NATIONAL DEFENSE)
§ 2611. Defense environmental management privatization projects
(a) Authority to enter into contracts
The Secretary of Energy may, using funds authorized to be appropriated by section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85) for a project referred to in that section, enter into a contract that—
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any equipment or facilities required to carry out the contract;
(3) requires the contractor to bear any of the costs of the construction, acquisition, and operation of such equipment or facilities that arise before the commencement of the provision of goods or services under the contract; and
(4) provides for payment to the contractor under the contract only upon the meeting of performance specifications in the contract.
(b) Notice and wait
(1) The Secretary may not enter into a contract under subsection (a), exercise an authorization to proceed with such a contract or extend any contract period for such a contract by more than one year until 30 days after the date on which the Secretary submits to the congressional defense committees a report with respect to the contract.
(2) Except as provided in paragraph (3), a report under paragraph (1) with respect to a contract shall set forth—
(A) the anticipated costs and fees of the Department under the contract, including the anticipated maximum amount of such costs and fees;
(B) any performance specifications in the contract;
(C) the anticipated dates of commencement and completion of the provision of goods or services under the contract;
(D) the allocation between the Department and the contractor of any financial, regulatory, or environmental obligations under the contract;
(E) any activities planned or anticipated to be required with respect to the project after completion of the contract;
(F) the site services or other support to be provided the contractor by the Department under the contract;
(G) the goods or services to be provided by the Department or contractor under the contract, including any additional obligations to be borne by the Department or contractor with respect to such goods or services;
(H) if the contract provides for financing of the project by an entity or entities other than the United States, a detailed comparison of the costs of financing the project through such entity or entities with the costs of financing the project by the United States;
(I) the schedule for the contract;
(J) the costs the Department would otherwise have incurred in obtaining the goods or services covered by the contract if the Department had not proposed to obtain the goods or services under this section;
(K) an estimate and justification of the cost savings, if any, to be realized through the contract, including the assumptions underlying the estimate;
(L) the effect of the contract on any ancillary schedules applicable to the facility concerned, including milestones in site compliance agreements; and
(M) the plans for maintaining financial and programmatic accountability for activities under the contract.
(3) In the case of a contract under subsection (a) at the Hanford Reservation, the report under paragraph (1) shall set forth—
(A) the matters specified in paragraph (2); and
(B) if the contract contemplates two pilot vitrification plants—
(i) an analysis of the basis for the selection of each of the plants in lieu of a single pilot vitrification plant; and
(ii) a detailed comparison of the costs to the United States of two pilot plants with the costs to the United States of a single pilot plant.
(c) Cost variations
(1)
(A) The Secretary may not enter into a contract for a project referred to in subparagraph (B), or obligate funds attributable to the capital portion of the cost of such a contract, whenever the current estimated cost of the project exceeds the amount of the estimated cost of the project as shown in the most recent budget justification data submitted to Congress.
(B) Subparagraph (A) applies to the following:
(i) A project authorized by section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85).
(ii) A project authorized by section 3103 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2824) for which a contract has not been entered into as of November 18, 1997.
(2) The Secretary may not obligate funds attributable to the capital portion of the cost of a contract entered into before such date for a project authorized by such section 3103 whenever the current estimated cost of the project equals or exceeds 110 percent of the amount of the estimated cost of the project as shown in the most recent budget justification data submitted to Congress.
(d) Use of funds for termination of contract
Not later than 15 days before the Secretary obligates funds available for a project authorized by section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85) to terminate the contract for the project under subsection (a), the Secretary shall notify the congressional defense committees of the Secretary’s intent to obligate the funds for that purpose.
(e) Annual report on contracts
(1) Not later than February 28 of each year, the Secretary shall submit to the congressional defense committees a report on the activities, if any, carried out under each contract referred to in paragraph (2) during the preceding year. The report shall include an update with respect to each such contract of the matters specified under subsection (b)(1) as of the date of the report.
(2) A contract referred to in paragraph (1) is the following:
(A) A contract under subsection (a) for a project referred to in that subsection.
(B) A contract under section 3103 of the National Defense Authorization Act for Fiscal Year 1997.
(f) Assessment of contracting without sufficient appropriations
Not later than 90 days after November 18, 1997, the Secretary shall submit to the congressional defense committees a report assessing whether, and under what circumstances, the Secretary could enter into contracts for defense environmental management privatization projects in the absence of sufficient appropriations to meet obligations under such contracts without thereby violating the provisions of section 1341 of title 31.
(Pub. L. 107–314, div. D, title XLIV, § 4431, formerly Pub. L. 105–85, div. C, title XXXI, § 3132, Nov. 18, 1997, 111 Stat. 2034; renumbered Pub. L. 107–314, div. D, title XLIV, § 4431, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(14), Nov. 24, 2003, 117 Stat. 1767.)
heading: References in Text
text: Section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsecs. (a), (c)(1)(B)(i), and (d), is section 3102(i) of Pub. L. 105–85, div. C, title XXXI, Nov. 18, 1997, 111 Stat. 2028, which is not classified to the Code.
Section 3103 of the National Defense Authorization Act for Fiscal Year 1997, referred to in subsecs. (c)(1)(B)(ii), (2) and (e)(2)(B), is section 3103 of Pub. L. 104–201, div. C, title XXXI, Sept. 23, 1996, 110 Stat. 2824, which is not classified to the Code.
heading: Amendments
text: 2003—Subsecs. (a), (c)(1)(B)(i). Pub. L. 108–136, § 3141(g)(14)(D)(i), inserted “of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85)” after “section 3102(i)”.
Subsec. (c)(1)(B)(ii). Pub. L. 108–136, § 3141(g)(14)(D)(ii), substituted “November 18, 1997” for “the date of enactment of this Act”.
Subsec. (d). Pub. L. 108–136, § 3141(g)(14)(D)(i), inserted “of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85)” after “section 3102(i)”.
Subsec. (f). Pub. L. 108–136, § 3141(g)(14)(D)(ii), substituted “November 18, 1997” for “the date of enactment of this Act”.