Sec. 3116. DISPOSITION OF WEAPONS-USABLE PLUTONIUM
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## SEC. 3116 DISPOSITION OF WEAPONS-USABLE PLUTONIUM ###
(a)Construction and Project Support Activities at MOX 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 2017 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 2017 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)Assessment of the MOX Facility Contract by Owner’s Agent ####
(1)Arrangement with owner’s agent Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy shall enter into an arrangement pursuant to sections 1535 and 1536 of title 31, United States Code, with the Chief of Engineers to act as an owner’s agent with respect to preparing the report required by paragraph (2). ####
(2)Report of owner’s agent #####
(A)In general The Chief of Engineers shall prepare a report on the contract for the construction, management and operations of the MOX facility, as in effect on the date of the enactment of this Act, that includes the following: ######
(i)An assessment of the contractual, technical, and managerial risks for the Department of Energy and the contractor. ######
(ii)An assessment of what elements of the contract can be changed to— ######
(I)a fixed price provision; ######
(II)a fixed price incentive fee provision; or ######
(III)another contractual mechanism designed to minimize risk to the Department of Energy while reducing cost. ######
(iii)An assessment of the options under clause (ii), including milestones, cost, schedules, and any damage fees for those options. ######
(iv)Recommendations on changes to the contract, based on the assessments described in clauses (i), (ii), and (iii), to reduce risk and cost to the Department of Energy while preserving a fair and reasonable contract. ######
(v)For each element of the contract that the Chief of Engineers does not recommend be changed pursuant to clause (iv), an assessment of the risks and costs associated with that element and a description of why that element is not appropriate for the provision types described in clause (ii). #####
(B)Consultations In preparing the report required by subparagraph (A), the Chief of Engineers shall consult with the Secretary, the contractor referred to in subparagraph (A)(i), and other knowledgeable parties, as the Chief of Engineers considers appropriate. #####
(C)Submission to secretary Not later than 30 days after entering into the arrangement under paragraph (1), the Chief of Engineers shall submit to the Secretary the report required by subparagraph (A). ####
(3)Submissions by department of energy Not later than 60 days after receiving the report required by paragraph (2), the Secretary shall transmit to the congressional defense committees and the Comptroller General of the United States— #####
(A)the report; #####
(B)any comments of the Secretary with respect to the report; #####
(C)a determination of whether the contractor referred to in paragraph (2)(A)(i) will or will not agree to the revisions to the contract recommended by the Chief of Engineers and offered by the Secretary to the contractor; #####
(D)if the contractor will not agree to such revisions, a description of the reasons given for not agreeing to such revisions; and #####
(E)any other materials relating to the potential modification of the contract that the Secretary considers appropriate. ####
(4)Briefing by government accountability office Not later than 30 days after receiving the report and other matters under paragraph (3), the Comptroller General of the United States shall brief the congressional defense committees on the actions taken by the Secretary under this subsection, to be followed by a written report not later than 120 days after the briefing is provided to Congress. ###
(c)Definitions In this section: ####
(1)MOX facility The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. ####
(2)Project support activities The term “project support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.