Sec. 3120. DISPOSITION OF WEAPONS-USABLE PLUTONIUM

735 words·~3 min read·/statute-compilations/comps-11977/sec-3120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 3120 DISPOSITION OF WEAPONS-USABLE PLUTONIUM ###

(a)Mixed Oxide Fuel Fabrication Facility ####

(1)In general Using funds described in paragraph (2), the Secretary of Energy shall carry out construction and project support activities relating to the MOX facility. ####

(2)Funds described The funds described in this paragraph are the following: #####

(A)Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the National Nuclear Security Administration for the MOX facility for construction and project support activities. #####

(B)Funds authorized to be appropriated for a fiscal year prior to fiscal year 2015 for the National Nuclear Security Administration for the MOX facility for construction and project support activities that are unobligated as of the date of the enactment of this Act. ###

(b)Study ####

(1)In general Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to conduct a study to assess and validate the analysis of the Secretary with respect to surplus weapon-grade plutonium options. ####

(2)Submission Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center conducting the study under paragraph

(1)shall submit to the Secretary a report on the study, including any findings and recommendations. ###

(c)Report ####

(1)Plan Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (b)(1). ####

(2)Elements included The report under paragraph

(1)shall include the following: #####

(A)The report of the federally funded research and development center under subsection (b)(2), without change. #####

(B)Identification of the alternatives to the MOX facility considered by the Secretary, including a life-cycle cost analysis for each such alternative. #####

(C)Identification of the portions of such life cycle cost analyses that are common to all such alternatives. #####

(D)Discussion on continuation of the MOX facility, including a future funding profile or a detailed discussion of selected alternatives determined appropriate by the Secretary for such discussion. #####

(E)Discussion of the issues regarding implementation of such selected alternatives, including all regulatory and public acceptance issues, including interactions with affected States. #####

(F)Explanation of how the alternatives to the MOX facility conform with the Plutonium Disposition Agreement, and if an alternative does not so conform, what measures must be taken to ensure conformance. #####

(G)Identification of steps the Secretary would have to take to close out all activities related to the MOX facility, as well as the associated cost. #####

(H)Any other matters the Secretary determines appropriate. ###

(d)Exclusion of Certain Options ####

(1)In general The study under subsection (b)(1) and the report under subsection (c)(1) shall not include any assessment or discussion of options that involve moving plutonium to a State where the Federal Government— #####

(A)is not meeting all legally binding deadlines and milestones required under the Tri-Party Agreement and the Consent Decree; #####

(B)has provided notification that any element of the Tri-Party Agreement or the Consent Decree is at risk of being breached; or #####

(C)is in dispute resolution with the State regarding the Tri-Party Agreement or the Consent Decree. ####

(2)Definitions In this subsection: #####

(A)The term “Tri-Party Agreement” means the comprehensive cleanup and compliance agreement between the Secretary, the Administrator of the Environmental Protection Agency, and the State of Washington entered into on May 15, 1989. #####

(B)The term “Consent Decree” means the legal agreement between the Secretary and the State of Washington finalized in 2010. ###

(e)Definitions In this section: ####

(1)The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. ####

(2)The term “Plutonium Disposition Agreement” means the Agreement Concerning the Management and Disposition of Plutonium Designated As No Longer Required for Defense Purposes and Related Cooperation, signed at Moscow and Washington August 29 and September 1, 2000, and entered into force July 13, 2011 (TIAS 11-713.1), between the United States and the Russian Federation. ####

(3)The term “project support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.