### §2603. Plan for deactivation and decommissioning of nonoperational defense nuclear facilities

#### (a) In general

The Secretary of Energy shall, every four years beginning in 2025, develop and subsequently carry out a plan for the activities of the Department of Energy relating to the deactivation and decommissioning of nonoperational defense nuclear facilities.

#### (b) Elements

The plan required by subsection (a) shall include the following:

(1) A list of nonoperational defense nuclear facilities, prioritized for deactivation and decommissioning based on the potential to reduce risks to human health, property, or the environment and to maximize cost savings.

(2) An assessment of the life cycle costs of each nonoperational defense nuclear facility during the period beginning on the date on which the plan is submitted under subsection (d) and ending on the earlier of—

(A) the date that is 25 years after the date on which the plan is submitted; or

(B) the estimated date for deactivation and decommissioning of the facility.

(3) An estimate of the cost and time needed to deactivate and decommission each nonoperational defense nuclear facility.

(4) A schedule for when the Office of Environmental Management will accept each nonoperational defense nuclear facility for deactivation and decommissioning.

(5) An estimate of costs that could be avoided by—

(A) accelerating the cleanup of nonoperational defense nuclear facilities; or

(B) other means, such as reusing such facilities for another purpose.

#### (c) Plan for transfer of responsibility for certain facilities

The Secretary shall, during 2025, develop and subsequently carry out a plan under which the Administrator shall transfer, by March 31, 2029, to the Assistant Secretary for Environmental Management the responsibility for decontaminating and decommissioning facilities of the Administration that the Secretary determines are nonoperational as of September 30, 2024.

#### (d) Submission to Congress

Not later than March 31, 2025, and every four years thereafter,,1 the Secretary shall submit to the appropriate congressional committees a report that includes—

(1) the plan required by subsection (a);

(2) a description of the deactivation and decommissioning actions expected to be taken during the following fiscal year pursuant to the plan;

(3) in the case of the report submitted during 2025, the plan required by subsection (c); and

(4) a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear facility during the period following the date on which the previous report required by this section was submitted.

#### (e) Termination

The requirements of this section shall terminate after the submission to the appropriate congressional committees of the report required by subsection (d) to be submitted not later than March 31, 2033.

#### (f) Definitions

In this section:

(1) The term "appropriate congressional committees" means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(2) The term "life cycle costs", with respect to a facility, means—

(A) the present and future costs of all resources and associated cost elements required to develop, produce, deploy, or sustain the facility; and

(B) the present and future costs to deactivate, decommission, and deconstruct the facility.

(3) The term "nonoperational defense nuclear facility" means a production facility or utilization facility (as those terms are defined in section 2014 of title 42) under the control or jurisdiction of the Secretary of Energy and operated for national security purposes that is no longer needed for the mission of the Department of Energy, including the National Nuclear Security Administration.

(Pub. L. 107–314, div. D, title XLIV, §4423, as added Pub. L. 114–92, div. C, title XXXI, §3133(a), Nov. 25, 2015, 129 Stat. 1205; amended Pub. L. 117–263, div. C, title XXXI, §3114, Dec. 23, 2022, 136 Stat. 3053.)

#### **Editorial Notes**

#### Amendments

2022—Subsec. (a). Pub. L. 117–263, §3114(1), substituted "every four years beginning in 2025" for "during each even-numbered year beginning in 2016".

Subsec. (c). Pub. L. 117–263, §3114(2), substituted "2025" for "2016", "2029" for "2019", and "determines are nonoperational as of September 30, 2024." for "determines—

"(1) are nonoperational as of September 30, 2015; and

"(2) meet the requirements of the Office of Environmental Management for such transfer."

Subsec. (d). Pub. L. 117–263, §3114(3)(A), substituted "Not later than March 31, 2025, and every four years thereafter," for "Not later than March 31 of each even-numbered year beginning in 2016" in introductory provisions.

Subsec. (d)(3). Pub. L. 117–263, §3114(3)(B), substituted "submitted during 2025" for "submitting during 2016".

Subsec. (d)(4). Pub. L. 117–263, §3114(3)(C), added par. (4) and struck out former par. (4) which read as follows: "in the case of a report submitted during 2018 or any year thereafter, a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear facility during the preceding fiscal year."

Subsec. (e). Pub. L. 117–263, §3114(4), substituted "2033" for "2026".

1 So in original.