I
107TH CONGRESS
2D SESSION
H. R. 4648
To provide for the disposition of weapons-usable plutonium at the Savannah
River Site, Aiken, South Carolina.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2002
Mr. GRAHAM introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To provide for the disposition of weapons-usable plutonium
at the Savannah River Site, Aiken, South Carolina.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DISPOSITION OF WEAPONS-USABLE PLUTO-
NIUM AT THE SAVANNAH RIVER SITE, AIKEN,
SOUTH CAROLINA.
(a) FINDINGS.—Congress finds the following:
(1) In September 2000, the United States and
the Russian Federation signed a Plutonium Manage-
ment and Disposition Agreement by which each
agreed to dispose of 34 metric tons of weapons-
grade plutonium.
(2) The agreement with Russia is a significant
step toward safeguarding nuclear materials and pre-
venting their diversion to rogue states and terrorists.
(3) The Department of Energy plans to dispose
of 34 metric tons of weapons-grade plutonium of the
United States before the end of 2019 by converting
the plutonium to a mixed-oxide fuel to be used in
commercial nuclear power reactors.
(4) The Department has formulated a plan for
implementing the agreement with Russia through
construction of a mixed-oxide fuel fabrication facility
and a pit disassembly and conversion facility at the
Savannah River Site.
(5) The United States and the State of South
Carolina have a compelling interest in the safe,
proper, and efficient operation of the plutonium dis-
position facilities at the Savannah River Site. The
MOX facility will also be economically beneficial to
the State of South Carolina, and that economic ben-
efit will not be fully realized unless the MOX facility
is built. The State of South Carolina therefore de-
sires to ensure that all plutonium transferred to the
State of South Carolina is stored safely; that the full
benefits of the MOX facility are realized as soon as
possible; and, specifically, that all defense plutonium
or defense plutonium materials transferred to the
Savannah River Site either be processed or be re-
moved expeditiously.
(b) PLAN REQUIRED.—
(1) Not later than February 1, 2003, the Sec-
retary of Energy shall submit to Congress a plan for
the construction and operation of the MOX facility.
The plan shall include a schedule for construction
and operations so as to achieve, as of January 1,
2009, the MOX production objective and to produce
one metric ton of mixed-oxide fuel by December 31,
2009. The plan shall also include a schedule of oper-
ations 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.
(2) Not later than February 15 of each year be-
ginning in 2004 and continuing for as long as the
MOX facility is in use, the Secretary shall submit to
Congress a report on the implementation of the plan
required by paragraph (1). Each such report shall
include an assessment of compliance with the sched-
ule referred to in paragraph (1) and a certification
by the Secretary that the MOX production objective
can be met by January 1, 2009.
(3) For years after 2009, each such report shall
address whether the MOX production objective has
been met and shall report progress toward meeting
the obligations of the United States under the
United States Plutonium Management and Disposi-
tion Agreement dated September 2000.
(4) For years after 2017, each such report shall
also include an assessment of compliance with the
MOX production objective and, if not in compliance,
the plan of the Secretary for achieving one of the
following:
(A) Compliance with such objective.
(B) Removal of all remaining defense plu-
tonium and defense plutonium materials from
the State of South Carolina.
(c) CORRECTIVE ACTIONS.—
(1) If any report under subsection (b)(2) for a
year after 2003 indicates that construction or oper-
ation at the MOX facility is behind, by 12 months
or more, the schedule required by subsection (b)(1),
the Secretary shall submit to Congress, not later
than August 15 of the same year, a plan for correc-
tive actions to be implemented by the Secretary to
ensure that the project is capable of meeting the
MOX production objective by January 1, 2009. For
years after 2009, such plan shall include corrective
actions to be implemented by the Secretary to en-
sure that the MOX production objective is met. The
plan for corrective actions shall establish milestones
for achieving such compliance with that objective.
(2) If, by reason of a failure to achieve mile-
stones set forth in the corrective action plan referred
to in paragraph (1), there is a substantial and mate-
rial risk that the MOX production objective will not
be achieved by 2009, the Secretary shall suspend
further transfers of defense plutonium and defense
plutonium materials to be processed by the MOX fa-
cility until such risk is addressed and the Secretary
certifies that the MOX production objective can be
met by 2009. After January 1, 2009, if, by reason
of a failure to achieve milestones set forth in the
corrective action plan referred to in paragraph (1),
the MOX production objective has not been
achieved, the Secretary shall suspend further trans-
fers of defense plutonium and defense plutonium
materials to be processed by the MOX facility until
the Secretary certifies that the MOX production ob-
jective can be met.
day, not to exceed $100,000,000 per calendar year,
until an amount of defense plutonium or defense
plutonium material equal to the amount of such de-
fense plutonium or defense plutonium materials
transferred to the Savannah River Site between
April 15, 2002, and January 1, 2017, but not proc-
essed by the MOX facility has been removed from
the State of South Carolina. Nothing in this para-
graph extinguishes other legal obligations set forth
in this section.
(3) If the State of South Carolina obtains an
injunction that prohibits the Department of Energy
from taking any action necessary for it to meet any
deadline specified by this section, that deadline shall
be extended for a period of time equal to the period
of time during which the injunction is in effect.
(f) FAILURE TO COMPLETE PLANNED DISPOSITION
PROGRAM.—For each year beginning with 2020 and con-
tinuing for as long as the MOX facility is in use, if on
July 1 of that year less than 34 metric tons of defense
plutonium and defense plutonium materials have been
processed by the MOX facility, the Secretary shall submit
to Congress a plan for either—
(1) completing the processing of 34 metric tons
of defense plutonium and defense plutonium mate-
rials; or
(2) removing from the State of South Carolina
an amount of defense plutonium or defense pluto-
nium materials equal to the amount of such pluto-
nium or plutonium materials transferred to the Sa-
vannah River Site after April 15, 2002, but not
processed by the MOX facility.
(g) REMOVAL OF MIXED-OXIDE FUEL UPON COM-
PLETION OF OPERATIONS OF THE MOX FACILITY.—If,
one year after the date on which operation of the MOX
facility permanently ceases, any mixed-oxide fuel remains
at the Savannah River Site, the Secretary shall submit to
Congress either—
(1) a report on when such fuel will be trans-
ferred for use in commercial nuclear reactors; or
(2) a plan for removing such fuel from the
State of South Carolina.
(h) MOX PRODUCTION OBJECTIVE DEFINED.—In
this section, 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 as-
sessment.
(i) MOX FACILITY DEFINED.—In this section, the
term ‘‘MOX facility’’ means the mixed-oxide fuel fabrica-
tion facility at the Savannah River Site, Aiken, South
Carolina.
(j) DEFENSE PLUTONIUM AND DEFENSE PLUTO-
NIUM MATERIALS DEFINED.—In this section, the term
‘‘defense plutonium or defense plutonium materials’’
means weapons-usable plutonium.
(k) DEFENSE NUCLEAR FACILITIES SAFETY BOARD
STUDY.—
(1) The Defense Nuclear Facilities Safety
Board shall conduct a study of the adequacy of the
K-Area Materials Storage facility (KAMS) at the
Savannah River Site for storage of defense pluto-
nium and defense plutonium materials in connection
with the disposition program provided in this section
and in the Department of Energy’s amended Record
of Decision for fissile materials disposition. Not later
than one year after the date of the enactment of this
Act, the Defense Nuclear Facilities Safety Board
shall submit to Congress and the Secretary of En-
ergy a report on the study. The report shall—
(A) at a minimum, address—
(i) the suitability of KAMS and re-
lated support facilities for monitoring and
observing any such plutonium and pluto-
nium materials stored in KAMS;
(ii) the adequacy of the provisions the
Department has made for remote moni-
toring of such plutonium and plutonium
materials by way of sensors and for han-
dling of retrieval of such plutonium and
plutonium materials; and
(iii) the adequacy of KAMS should
such plutonium and plutonium materials
continue to be stored there beyond 2019;
and
(B) contain such recommendations as the
Board considers necessary or desirable to en-
hance the safety, reliability, and functionality of
KAMS.
(2) Not later than six months after the date on
which the report under paragraph (1) is submitted
to Congress, and every one year thereafter, the Sec-
retary and the Board shall each submit to Congress
a report on the Secretary’s action with respect to the
recommendations.
Æ