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50 U.S.C. § 2581 (WAR AND NATIONAL DEFENSE)
§ 2581. Defense Environmental Cleanup Account
(a) Establishment
There is hereby established in the Treasury of the United States for the Department of Energy an account to be known as the “Defense Environmental Cleanup Account” (hereafter in this section referred to as the “Account”).
(b) Amounts in Account
All sums appropriated to the Department of Energy for defense environmental cleanup at defense nuclear facilities shall be credited to the Account. Such appropriations shall be authorized annually by law. To the extent provided in appropriations Acts, amounts in the Account shall remain available until expended.
(Pub. L. 107–314, div. D, title XLIV, § 4401, formerly Pub. L. 102–190, div. C, title XXXI, § 3134, Dec. 5, 1991, 105 Stat. 1575; renumbered Pub. L. 107–314, div. D, title XLIV, § 4401, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(2), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(1), Dec. 26, 2013, 127 Stat. 1075.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 7274f of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. L. 113–66, § 3146(e)(1)(A), substituted “Cleanup” for “Restoration and Waste Management” in section catchline.
Subsec. (a). Pub. L. 113–66, § 3146(e)(1)(B), substituted “ ‘Defense Environmental Cleanup Account’ ” for “ ‘Defense Environmental Restoration and Waste Management Account’ ”.
Subsec. (b). Pub. L. 113–66, § 3146(e)(1)(C), substituted “defense environmental cleanup” for “environmental restoration and waste management”.
heading: Statutory Notes and Related Subsidiaries
heading: Classification of Defense Environmental Cleanup as Capital Asset Projects or Operations Activities
text: Pub. L. 116–283, div. C, title XXXI, § 3123, Jan. 1, 2021, 134 Stat. 4381, provided that:
“(a) In General.—
The Assistant Secretary of Energy for Environmental Management, in consultation with other appropriate officials of the Department of Energy, shall establish requirements for the classification of defense environmental cleanup projects as capital asset projects or operations activities.
“(b) Report Required.—
Not later than March 1, 2021, the Assistant Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report—
“(1) setting forth the requirements established under subsection (a); and
“(2) assessing whether any ongoing defense environmental cleanup projects should be reclassified based on those requirements.”
50 U.S.C. § 2583 (WAR AND NATIONAL DEFENSE)
§ 2583. Integrated fissile materials management plan
(a) Plan
The Secretary of Energy shall develop a long-term plan for the integrated management of fissile materials by the Department of Energy. The plan shall—
(1) identify means of coordinating or integrating the responsibilities of the Office of Environmental Management, the Office of Nuclear Energy, and the Administration for the treatment, storage, and disposition of fissile materials, and for the waste streams containing fissile materials, in order to achieve budgetary and other efficiencies in the discharge of those responsibilities; and
(2) identify any expenditures necessary at the sites that are anticipated to have an enduring mission for plutonium management in order to achieve the integrated management of fissile materials by the Department.
(b) Submittal to Congress
The Secretary shall submit the plan required by subsection (a) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than March 31, 2014.
(Pub. L. 107–314, div. D, title XLIV, § 4403, formerly Pub. L. 106–65, div. C, title XXXI, § 3172, Oct. 5, 1999, 113 Stat. 948; renumbered Pub. L. 107–314, div. D, title XLIV, § 4403, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(4), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(4), Dec. 26, 2013, 127 Stat. 1076.)
heading: Editorial Notes
heading: Amendments
text: 2013—Subsec. (a)(1). Pub. L. 113–66, § 3146(e)(4)(A), substituted “the Office of Nuclear Energy, and the Administration” for “the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs” and “storage,” for “storage”.
Subsec. (b). Pub. L. 113–66, § 3146(e)(4)(B), substituted “March 31, 2014” for “March 31, 2000”.
50 U.S.C. § 2586 (WAR AND NATIONAL DEFENSE)
§ 2586. Defense environmental cleanup technology program
(a) Establishment of program
The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for—
(1) the reduction of environmental hazards and contamination resulting from defense waste; and
(2) environmental restoration of inactive defense waste disposal sites.
(b) Definitions
As used in this section:
(1) The term “defense waste” means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.
(2) The term “inactive defense waste disposal site” means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.
(Pub. L. 107–314, div. D, title XLIV, § 4406, formerly Pub. L. 101–189, div. C, title XXXI, § 3141, Nov. 29, 1989, 103 Stat. 1679; Pub. L. 105–85, div. C, title XXXI, § 3152(g), Nov. 18, 1997, 111 Stat. 2042; renumbered Pub. L. 107–314, div. D, title XLIV, § 4406, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(7), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(7), Dec. 26, 2013, 127 Stat. 1077; Pub. L. 113–291, div. C, title XXXI, § 3142(g), Dec. 19, 2014, 128 Stat. 3900.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 7274a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 substituted “useful for—” for “useful for” before par. (1) designation and “; and” for “, and” at end of par. (1) and realigned margins of pars. (1) and (2).
2013—Pub. L. 113–66, § 3146(e)(7)(A), substituted “environmental” for “waste” in section catchline.
Subsecs. (b), (c). Pub. L. 113–66, § 3146(e)(7)(B), (C), which directed amendment of section by striking subsecs. (b) and (c) and redesignating subsec. (d) as (b), was executed by striking subsec. (b), which related to coordination of research activities, and redesignating subsec. (c) as (b) to reflect the probable intent of Congress and the amendment by Pub. L. 105–85, § 3152(g), which redesignated former subsec. (d) as (c). See 1997 Amendment note below.
2003—Pub. L. 108–136, § 3141(g)(7)(D), made technical amendment to section catchline.
1997—Subsecs. (c), (d). Pub. L. 105–85 redesignated subsec. (d) as (c) and struck out former subsec. (c) which required Secretary of Energy to submit to Congress not later than Apr. 1 each year a report on research activities of Department of Energy for development of technologies referred to in subsec. (a).
50 U.S.C. § 2587 (WAR AND NATIONAL DEFENSE)
§ 2587. Report on defense environmental cleanup expenditures
Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31), the Secretary of Energy shall submit to Congress a report on how the defense environmental cleanup funds of the Department of Energy were expended during the fiscal year preceding the fiscal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget category, and activity. The report also shall include any schedule changes or modifications to planned activities for the fiscal year in which the budget is submitted.
(Pub. L. 107–314, div. D, title XLIV, § 4407, formerly Pub. L. 101–510, div. C, title XXXI, § 3134, Nov. 5, 1990, 104 Stat. 1833; renumbered Pub. L. 107–314, div. D, title XLIV, § 4407, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(8), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(8), Dec. 26, 2013, 127 Stat. 1077.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 7274c of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. L. 113–66 substituted “defense environmental cleanup” for “environmental restoration” in section catchline and “defense environmental cleanup funds” for “environmental restoration and waste management funds for defense activities” in text.
2003—Pub. L. 108–136, § 3141(g)(8)(D), made technical amendment to section catchline.
50 U.S.C. § 2588 (WAR AND NATIONAL DEFENSE)
§ 2588. Public participation in planning for defense environmental cleanup
The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and attorneys general of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in any planning conducted by the Secretary for defense environmental cleanup activities at Department of Energy defense nuclear facilities.
(Pub. L. 107–314, div. D, title XLIV, § 4408, formerly Pub. L. 103–337, div. C, title XXXI, § 3160(e), Oct. 5, 1994, 108 Stat. 3095; renumbered Pub. L. 107–314, div. D, title XLIV, § 4408, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(9), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(9), Dec. 26, 2013, 127 Stat. 1077.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out as a note under section 7274g of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. L. 113–66 substituted “defense environmental cleanup” for “environmental restoration and waste management at defense nuclear facilities” in section catchline and substituted “attorneys general” for “Attorneys General” and “defense environmental cleanup activities” for “environmental restoration and waste management” in text.
2003—Pub. L. 108–136, § 3141(g)(9)(C), substituted “Public participation in planning for environmental restoration and waste management at defense nuclear facilities” for “Public participation in planning” in section catchline.
50 U.S.C. § 2589 (WAR AND NATIONAL DEFENSE)
§ 2589. Policy of Department of Energy regarding future defense environmental management matters
(a) Policy required
(1) Commencing not later than October 1, 2005, the Secretary of Energy shall have in effect a policy for carrying out future defense environmental management matters of the Department of Energy. The policy shall specify each officer within the Department with responsibilities for carrying out that policy and, for each such officer, the nature and extent of those responsibilities.
(2) In paragraph (1), the term “future defense environmental management matter” means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.
(b) Reflection in budget
For fiscal year 2006 and each fiscal year thereafter, the Secretary shall ensure that the budget justification materials submitted to Congress in support of the Department of Energy budget for such fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) reflect the policy required by subsection (a).
(c) Consultation
The Secretary shall carry out this section in consultation with the Administrator for Nuclear Security and the Under Secretary of Energy for Energy, Science, and Environment.
(d) Report
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2005 (as submitted with the budget of the President under section 1105(a) of title 31) a report on the policy that the Secretary plans to have in effect under subsection (a) as of October 1, 2005. The report shall specify the officers and responsibilities referred to in subsection (a).
(Pub. L. 108–136, div. C, title XXXI, § 3132, Nov. 24, 2003, 117 Stat. 1750.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Atomic Energy Defense Act which comprises this chapter.
50 U.S.C. § 2621 (WAR AND NATIONAL DEFENSE)
§ 2621. Safety measures for waste tanks at Hanford Nuclear Reservation
(a) Identification and monitoring of tanks
Not later than February 3, 1991, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed.
(b) Action plans
Not later than March 5, 1991, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a).
(c) Prohibition
Beginning March 5, 1991, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the tank does not pose a serious potential for release of high-level nuclear waste.
(Pub. L. 107–314, div. D, title XLIV, § 4441, formerly Pub. L. 101–510, div. C, title XXXI, § 3137, Nov. 5, 1990, 104 Stat. 1833; renumbered Pub. L. 107–314, div. D, title XLIV, § 4441, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(16), Nov. 24, 2003, 117 Stat. 1767; Pub. L. 113–291, div. C, title XXXI, § 3142(h), Dec. 19, 2014, 128 Stat. 3900.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: “Not later than May 5, 1991, the Secretary shall submit to Congress a report on actions taken to promote tank safety, including actions taken pursuant to this section, and the Secretary’s timetable for resolving outstanding issues on how to handle the waste in such tanks.”
2003—Pub. L. 108–136, § 3141(g)(16)(D)(i), made technical amendment to section catchline.
Subsec. (a). Pub. L. 108–136, § 3141(g)(16)(D)(ii), substituted “Not later than February 3, 1991,” for “Within 90 days after the date of the enactment of this Act,”.
Subsec. (b). Pub. L. 108–136, § 3141(g)(16)(D)(iii), substituted “Not later than March 5, 1991,” for “Within 120 days after the date of the enactment of this Act,”.
Subsec. (c). Pub. L. 108–136, § 3141(g)(16)(D)(iv), substituted “Beginning March 5, 1991,” for “Beginning 120 days after the date of the enactment of this Act,”.
Subsec. (d). Pub. L. 108–136, § 3141(g)(16)(D)(v), substituted “Not later than May 5, 1991,” for “Within six months after the date of the enactment of this Act,”.
50 U.S.C. § 2623 (WAR AND NATIONAL DEFENSE)
§ 2623. River Protection Project
The tank waste remediation system environmental project, Richland, Washington, including all programs relating to the retrieval and treatment of tank waste at the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the “River Protection Project”. Any reference to that project in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the River Protection Project.
(Pub. L. 107–314, div. D, title XLIV, § 4443, formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3141(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–462; renumbered Pub. L. 107–314, div. D, title XLIV, § 4443, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(18), Nov. 24, 2003, 117 Stat. 1768.)
heading: Editorial Notes
heading: Amendments
text: 2003—Pub. L. 108–136, § 3141(g)(18)(C), inserted section catchline and struck out former subsec. heading.
50 U.S.C. § 2624 (WAR AND NATIONAL DEFENSE)
§ 2624. Funding for termination costs of River Protection Project, Richland, Washington
The Secretary of Energy may not use appropriated funds to establish a reserve for the payment of any costs of termination of any contract relating to the River Protection Project, Richland, Washington (as designated by section 2623 of this title), that is terminated after October 30, 2000. Such costs may be paid from—
(1) appropriations originally available for the performance of the contract concerned;
(2) appropriations currently available for privatization initiatives in carrying out defense environmental cleanup activities necessary for national security programs, and not otherwise obligated; or
(3) funds appropriated specifically for the payment of such costs.
(Pub. L. 107–314, div. D, title XLIV, § 4444, formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3131], Oct. 30, 2000, 114 Stat. 1654, 1654A–454; renumbered Pub. L. 107–314, div. D, title XLIV, § 4444, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(19), Nov. 24, 2003, 117 Stat. 1768; Pub. L. 113–66, div. C, title XXXI, § 3146(e)(14), Dec. 26, 2013, 127 Stat. 1078.)
heading: Editorial Notes
heading: Amendments
text: 2013—Par. (2). Pub. L. 113–66 substituted “defense environmental cleanup” for “environmental restoration and waste management”.
2003—Pub. L. 108–136, § 3141(g)(19)(D), in introductory provisions, substituted “section 2623 of this title” for “section 3141” and “October 30, 2000” for “the date of the enactment of this Act”.
50 U.S.C. § 2632 (WAR AND NATIONAL DEFENSE)
§ 2632. Multi-year plan for clean-up
The Secretary of Energy shall develop and implement a multi-year plan for the clean-up of nuclear waste at the Savannah River Site that results, or has resulted, from the following:
(1) Nuclear weapons activities carried out at the site.
(2) The processing, treating, packaging, and disposal of Department of Energy domestic and foreign spent nuclear fuel rods at the site.
(Pub. L. 107–314, div. D, title XLIV, § 4452, formerly Pub. L. 104–201, div. C, title XXXI, § 3142(e), Sept. 23, 1996, 110 Stat. 2836; renumbered Pub. L. 107–314, div. D, title XLIV, § 4452, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(22), Nov. 24, 2003, 117 Stat. 1769.)
heading: Editorial Notes
heading: Amendments
text: 2003—Pub. L. 108–136, § 3141(g)(22)(C), inserted section catchline, struck out former subsec. heading, and inserted in text “of Energy” after “The Secretary”.
50 U.S.C. § 2633 (WAR AND NATIONAL DEFENSE)
§ 2633. Continuation of processing, treatment, and disposal of legacy nuclear materials
The Secretary of Energy shall continue operations and maintain a high state of readiness at the H–canyon facility at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facility.
(Pub. L. 107–314, div. D, title XLIV, § 4453, formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3137(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–460; renumbered Pub. L. 107–314, div. D, title XLIV, § 4453, and amended Pub. L. 108–136, div. C, title XXXI, §§ 3115(a), 3141(g)(23)(A), Nov. 24, 2003, 117 Stat. 1745, 1769.)
heading: Editorial Notes
heading: Amendments
text: 2003—Pub. L. 108–136, § 3141(g)(23)(A)(iii), inserted section catchline and struck out former subsec. heading.
Pub. L. 108–136, § 3115(a), substituted “H–canyon facility” for “F–canyon and H–canyon facilities” and “such facility” for “such facilities”.
50 U.S.C. § 2651 (WAR AND NATIONAL DEFENSE)
§ 2651. Prohibition on international inspections of Department of Energy facilities unless protection of Restricted Data is certified
(a) Prohibition on inspections
The Secretary of Energy may not allow an inspection of a national security laboratory or nuclear weapons production facility by the International Atomic Energy Agency until the Secretary certifies to Congress that no Restricted Data will be revealed during such inspection.
(b) Omitted
(Pub. L. 107–314, div. D, title XLV, § 4501, formerly Pub. L. 104–106, div. C, title XXXI, § 3154, Feb. 10, 1996, 110 Stat. 624; renumbered Pub. L. 107–314, div. D, title XLV, § 4501, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(h)(2), Nov. 24, 2003, 117 Stat. 1771; Pub. L. 112–239, div. C, title XXXI, § 3131(j), Jan. 2, 2013, 126 Stat. 2182; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(F), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, § 3142(j), Dec. 19, 2014, 128 Stat. 3900.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 4501 of Pub. L. 107–314. Subsec. (b) of section 4501 of Pub. L. 107–314 amended provisions set out as a note under section 2153 of Title 42, The Public Health and Welfare.
Subsec. (a) of section 3154 of Pub. L. 104–106 was formerly set out as a note under section 2164 of Title 42, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 substituted “national security laboratory or nuclear weapons production facility” for “nuclear weapons facility”.
2013—Subsec. (a). Pub. L. 113–66 substituted “Restricted Data” for “restricted data”.
Subsec. (c). Pub. L. 112–239 struck out subsec. (c), which defined “restricted data”.
2003—Pub. L. 108–136, § 3141(h)(2)(D), redesignated par. (1) of subsec. (a) as entire subsec. (a) and par. (2) of subsec. (a) as subsec. (c) and, in subsec. (c), inserted heading and substituted “In this section” for “For purposes of paragraph (1)”. Subsec. (c) was editorially transferred to follow subsec. (b), to reflect the probable intent of Congress.