To authorize private sector participation in designing, constructing, owning, and operating facilities which support Department of Energy waste cleanup and modernization missions.

Authorizes the Secretary of Energy to enter into 30-year agreements with private contractors for the construction, ownership, and operation of specified waste cleanup and modernization facilities if the facilities are: (1) provided at the contractors' expense; (2) near a Federal site under the Secretary's jurisdiction; and (3) support defense waste cleanup, research, or modernization efforts.

Prescribes agreement guidelines. Precludes the Secretary from entering into an agreement without prior submission to the Congress of a needs justification with respect to the engagement of a private contractor, and a demonstration that the proposed agreement is in the best economic interests of the United States.

Requires the Secretary to report to the Congress regarding the benefits of the agreements entered into, and recommendations for possible extension of the agreement authority.

 
HR 5880 IH
101st CONGRESS
2d Session
 H. R. 5880
To authorize private sector participation in designing, constructing, owning,
and operating facilities which support Department of Energy waste cleanup
and modernization missions.
IN THE HOUSE OF REPRESENTATIVES
October 19 1990
Mr. MORRISON of Washington (for himself, Mrs. LLOYD, Mr. SCHIFF, Mr. CHANDLER,
Mr. SKEEN, Mr. STALLINGS, and Mrs. VUCANOVICH) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To authorize private sector participation in designing, constructing, owning,
and operating facilities which support Department of Energy waste cleanup
and modernization missions.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PRIVATE SECTOR PARTICIPATION IN WASTE CLEANUP AND MODERNIZATION
ACTIVITIES.
  (a) CONGRESSIONAL FINDINGS- The Congress finds the following:
  (1) The cleanup of defense nuclear waste and the modernization of Department
  of Energy facilities must be pursued expeditiously to protect the health
  and safety of the public and workers.
  (2) The waste cleanup and facility modernization will require substantial
  construction and operational activities and significant long-term funding.
  (3) Flexibility is needed in pursuing the cost-effective financing of,
  and contracting for, facilities to support the Department of Energy cleanup
  and modernization missions.
  (4) The private sector, with proper controls and health and safety
  assurances, should be allowed to participate in supporting these Department
  of Energy cleanup and modernization missions.
  (b) AUTHORIZATION- (1) The Secretary of Energy may enter into agreements
  with private contractors for the design, construction, ownership, and
  operation of facilities of the types specified in paragraph (2) if--
  (A) the facilities are provided at the expense of the contractors;
  (B) the facilities are on or near a Federal site under the Secretary's
  jurisdiction; and
  (C) the facilities support defense waste cleanup, research, management,
  or facility modernization efforts.
  (2) The types of facilities that may be designed, constructed, owned,
  or operated by private contractors pursuant to paragraph (1) may include
  any of the following:
  (A) Waste treatment, storage, and disposal facilities.
  (B) Technical office facilities.
  (C) Energy production facilities.
  (D) Utility service facilities.
  (E) Effluent treatment facilities.
  (F) General storage facilities.
  (G) Fabrication and maintenance facilities.
  (H) Laboratory, research, or test facilities.
  (c) AGREEMENTS- (1) The Secretary of Energy may enter into an agreement
  pursuant to subsection (b) for a period of time not exceeding 30 years,
  with options for two 10-year extensions.
  (2) Under any agreement entered into pursuant to subsection (b), the
  Secretary of Energy shall--
  (A) provide that, at the end of the agreement period, the Department of
  Energy shall have the option to take title;
  (B) require that the private contractor comply with all relevant
  environmental, health, and safety statutes applicable to the Department
  of Energy to protect public and worker health and safety;
  (C) include an agreement of indemnification clause pursuant to section
  170 d. of the Atomic Energy Act (42 U.S.C. 2210);
  (D) require that the private contractor comply with existing labor agreements
  applicable to the Department of Energy site, including any site stabilization
  agreement in effect;
  (E) allow private contractors, consistent with Federal law, to commercialize
  any technologies which are developed during the pendency and under the
  terms of the agreements; and
  (F) include such other items and conditions as the Secretary of Energy
  determines are necessary or desirable to protect the interests of the
  United States.
  (3) Under any agreement entered into pursuant to subsection (b), the
  Secretary of Energy shall include a termination provision that requires
  the Department of Energy to pay for the unamortized balance of any
  special facilities acquired or constructed by the private contractor, if
  such acquisition or construction constitutes a significant portion of the
  investment by the private contractor under the agreement.  The termination
  provision may authorize the use, for the purpose of paying such unamortized
  balance and any other costs resulting from termination, of any Federal
  funds available at the time of termination or thereafter made available
  for operating expenses.  For purposes of this paragraph, the term `special
  facilities' means any land or depreciable buildings, structures, utilities,
  machinery, equipment, materials, or services not made available to the
  private contractor by the Department of Energy.
  (d) JUSTIFICATIONS AND ANALYSES- The Secretary of Energy may not enter
  into an agreement under this section until--
  (1) the Secretary submits to Congress--
  (A) a justification of the need for the facility for which the proposed
  agreement is being entered into, and
  (B) an analysis (based on life-cycle costs using equivalent costs of
  money, design, and construction efficiencies, rapidity of deployment,
  access to private industry technologies, and any other relevant factors)
  that demonstrates that the proposed agreement is in the best interests of
  the United States when compared to the normal government-funded procurement
  process for construction projects; and
  (2) a period of 21 days has expired following the date on which the
  justification and analysis are received by Congress.
  (e) APPROPRIATIONS LIMITATION- Each agreement entered into under this
  section shall include a provision that the obligation of the United States
  to make payments under the agreement (except payments pursuant to subsection
  (c)(3)) in any fiscal year is subject to the availability of appropriations
  for that purpose.
  (f) DURATION OF AUTHORITY- The authority to enter into agreements authorized
  under this section shall terminate on September 30, 1994.
  (g) REPORT- The Secretary of Energy shall provide a report to Congress by
  February 1, 1994, analyzing the benefits of the agreements entered into
  pursuant to this section and making recommendations concerning extension
  of the authority of this section beyond September 30, 1994.