Sec. 3119. Disposition of weapons-usable plutonium
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Subject to subsection (b), the Secretary of Energy shall carry out construction and project support activities relating to the MOX facility using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the National Nuclear Security Administration for the MOX facility for construction and project support activities. The Secretary of Energy may waive the requirement in subsection
(a)if the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate the following: The matters required by section 3116(b)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2761). Notification that the Secretary has sought to enter into consultations with any relevant State necessary to pursue an alternative option for carrying out the plutonium disposition program. Notification that the Secretary has been unable to enter into a fixed-price contract with the prime contractor of the MOX facility (for construction and project support activities under subsection (a)) that the Secretary determines sufficiently minimizes risk and cost to the Department of Energy. Certification that— an alternative option for carrying out the plutonium disposition program exists; the total lifecycle cost of such alternative option would be less than approximately half of the estimated remaining total lifecycle cost of the mixed-oxide fuel program; and pursuing such alternative option is in the best interest of the Federal Government. The commitment of the Secretary to— remove plutonium from South Carolina; and ensure a sustainable future for the Savannah River Site. In this section: The term MOX facility means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. The term project support activities means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.
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- 130 Stat. 2761
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