10 U.S.C. § 6153: Disposition of weapons-usable plutonium at Savannah River Site

Not later than February 1, 2003 , the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility at the Savannah River Site, Aiken, South Carolina. a schedule for construction and operations so as to achieve, as of January 1, 2012 , and thereafter, the MOX production objective, and to produce 1 metric ton of mixed-oxide fuel by December 31, 2012 ; and a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed-oxide fuel by January 1, 2019 . Not later than February 15 each year, beginning in 2004 and continuing through 2024, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1). an assessment of compliance with the schedules included with the plan under paragraph (2); and a certification by the Secretary whether or not the MOX production objective can be met by January 2012. address whether the MOX production objective has been met; and assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement. Compliance with such objective. Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina. If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (g) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective. If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met. Any plan for corrective actions under paragraph (1) or (2) shall include established milestones under such plan for achieving compliance with the MOX production objective. If, before January 1, 2012 , the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2012 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2012. If, after January 1, 2014 , the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met. Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002 . Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) relating to consideration or selection of such option. Upon submittal of a report under subparagraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report. not later than January 1, 2016 , not less than 1 metric ton of defense plutonium or defense plutonium materials; and not later than January 1, 2022 , an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002 , and January 1, 2022 , but not processed by the MOX facility. the date on which the MOX production objective is achieved in such year; or the date on which the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials. one metric ton, in each of any two consecutive calendar years; and three metric tons total, Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section. If the State of South Carolina obtains an injunction that prohibits the Department of Energy from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect. completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002 , but not processed by the MOX facility. a report on when such fuel will be transferred for use in commercial nuclear reactors; or a plan for removing such fuel from the State of South Carolina. Not later than December 31, 2006 , the Secretary shall submit to Congress a report on the construction and operation of the MOX facility that includes a schedule for revising the requirements of this section during fiscal year 2007 to conform with the schedule established by the Secretary for the MOX facility, which shall be based on estimated funding levels for the fiscal year. The term “MOX production objective” means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment. The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina. The terms “defense plutonium” and “defense plutonium materials” mean weapons-usable plutonium.