Sec. 3121. USE OF FUNDS FOR CONSTRUCTION AND PROJECT SUPPORT ACTIVITIES RELATING TO MOX FACILITY
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## SEC. 3121 USE OF FUNDS FOR CONSTRUCTION AND PROJECT SUPPORT ACTIVITIES RELATING TO MOX FACILITY ###
(a)In General Except as provided by 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. ###
(b)Waiver ####
(1)In general The Secretary may waive the requirement under subsection
(a)to carry out construction and project support activities relating to the MOX facility if the Secretary submits to the congressional defense committees— #####
(A)the commitment of the Secretary to remove plutonium intended to be disposed of in the MOX facility from South Carolina and ensure a sustainable future for the Savannah River Site; #####
(B)a certification that— ######
(i)an alternative option for carrying out the plutonium disposition program for the same amount of plutonium as the amount of plutonium intended to be disposed of in the MOX facility exists, meeting the requirements of the Business Operating Procedure of the National Nuclear Security Administration entitled “Analysis of Alternatives” and dated March 14, 2016 (BOP-03.07); and ######
(ii)the remaining lifecycle cost, determined in a manner comparable to the cost estimating and assessment best practices of the Government Accountability Office, as found in the document of the Government Accountability Office entitled “GAO Cost Estimating and Assessment Guide” (GAO-09-3SP), for the alternative option would be less than approximately half of the estimated remaining lifecycle cost of the mixed-oxide fuel program; and #####
(C)the details of any statutory or regulatory changes necessary to complete the alternative option. ####
(2)Estimates The Secretary shall ensure that the estimates used by the Secretary for purposes of the certification under paragraph (1)(B) are of comparable accuracy. ###
(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.