50 U.S.C. § 2626 (WAR AND NATIONAL DEFENSE)
§ 2626. Hanford Waste Treatment and Immobilization Plant contract oversight
(a) In general
Not later than 180 days after November 25, 2015, the Secretary of Energy shall arrange to have an owner’s agent advise the Secretary in carrying out the oversight responsibilities of the Secretary with respect to the contract described in subsection (b).
(b) Contract described
The contract described in this subsection is the contract between the Office of River Protection of the Department of Energy and Bechtel National, Inc., or its successor relating to the Hanford Waste Treatment and Immobilization Plant (contract number DE–AC27–01RV14136).
(c) Duties
The duties of the owner’s agent under subsection (a) shall include advising the Secretary with respect to the following:
(1) Performing design, construction, nuclear safety, and operability oversight of each facility covered by the contract described in subsection (b).
(2) Beginning not later than one year after November 25, 2015, ensuring that the preliminary documented safety analyses for all facilities covered by the contract meet the requirements of all applicable Department of Energy regulations and guidance, including section 830.206 of title 10, Code of Federal Regulations, and the Department of Energy Standard on the Integration of Safety into the Design Process (DOE–STD–1189–2008).
(3) Ensuring that, until the Secretary approves the documented safety analysis for each facility covered by the contract, the contractor ensures that each preliminary documented safety analysis is current.
(4) Ensuring that the contractor acts to promptly resolve any unreviewed safety questions.
(d) Report on activities of owner’s agent
(1) In general
Not later than one year after November 25, 2015, and every 180 days thereafter, the owner’s agent specified in subsection (a) shall submit to the Secretary a report on the advice provided by the owner’s agent to the Secretary under that subsection with respect to oversight of the contract described in subsection (b).
(2) Elements
The report required by paragraph (1) shall include the following:
(A) Information on the status of, and the plan for resolving, each unreviewed safety question at each facility covered by the contract described in subsection (b).
(B) An identification of each instance of disagreement between the owner’s agent and the contractor with respect to whether an unreviewed safety question exists and the plan for resolution of the disagreement.
(C) An identification of each aspect of each preliminary documented safety analysis that is not current, the plan for making that aspect current, and the status of the corrective efforts.
(D) Information on the status of, and the plan for resolving, each unresolved technical issue at each facility covered by the contract, and the status of corrective efforts.
(3) Submission to Congress
The Secretary shall transmit to the congressional defense committees the report required by paragraph (1) and any views of the Secretary with respect to the report.
(e) Report on selection of the owner’s agent
Not later than 30 days after the selection of the owner’s agent under subsection (a), the Secretary shall submit to the congressional defense committees a report on the process used to select the owner’s agent to ensure that the owner’s agent does not have a conflict of interest.
(f) Definitions
In this section:
(1) The term “contractor” means Bechtel National, Inc.
(2) The term “current”, with respect to a documented safety analysis, means that the documented safety analysis includes any design changes approved by the contractor and any safety evaluation reports issued by the Secretary with respect to the facility covered by the analysis before the date that is 60 days before the date of the analysis.
(3) The terms “documented safety analysis”, “safety evaluation report”, and “unreviewed safety question” have the meanings given those terms in section 830.3 of title 10, Code of Federal Regulations (or any corresponding similar ruling or regulation).
(4) The term “owner’s agent” means a private third-party entity with nuclear safety management expertise.
(Pub. L. 107–314, div. D, title XLIV, § 4446, as added Pub. L. 114–92, div. C, title XXXI, § 3116(a), Nov. 25, 2015, 129 Stat. 1194.)