Title 10, Armed ForcesRelease 119-110

§6154 Disposition of Surplus Defense Plutonium at Savannah River Site, Aiken, South Carolina

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 603 — PROLIFERATION MATTERS › § 6154

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy must talk with the Governor of South Carolina before making decisions or plans about how to handle extra defense plutonium at the Savannah River Site in Aiken, South Carolina. For every shipment to that site, the Secretary must tell the congressional defense committees at least 30 days before the shipment starts. The Secretary must write a disposal plan for the plutonium already at the site and for plutonium that will be sent there later. The plan must review the options, name the preferred option, give costs, a fast construction schedule with milestones, and firm funding dates for any facilities required under DOE’s decision document dated January 14, 1997, and explain how the material could be removed from the site if needed. If the Secretary decides not to build the immobilization plant or the mixed oxide fuel (MOX) plant at Savannah River, the Secretary must make a plan showing where that plutonium will go instead. Both plans must be sent to Congress by February 1, 2002. If they are not sent by that date, the Secretary cannot ship plutonium to the Savannah River Site until the plans are submitted. That rule does not stop shipments to other sites. Each year, when sending the Department of Energy budget materials to Congress, the Secretary must include a report saying whether the money requested for fissile materials disposition will let the Department meet its disposal commitments at the Savannah River Site and for other disposition work that year.

Full Legal Text

Title 10, §6154

Armed Forces, Source: USLM XML via OLRC

(a)Consultation Required.—
The Secretary of Energy shall consult with the Governor of the State of South Carolina regarding any decisions or plans of the Secretary related to the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah River Site, Aiken, South Carolina.
(b)Notice Required.—
For each shipment of defense plutonium or defense plutonium materials to the Savannah River Site, the Secretary shall, not less than 30 days before the commencement of such shipment, submit to the congressional defense committees a report providing notice of such shipment.
(c)Plan for Disposition.—
The Secretary shall prepare a plan for disposal of the surplus defense plutonium and defense plutonium materials currently located at the Savannah River Site and for disposal of defense plutonium and defense plutonium materials to be shipped to the Savannah River Site in the future. The plan shall include the following:
(1)A review of each option considered for such disposal.
(2)An identification of the preferred option for such disposal.
(3)With respect to the facilities for such disposal that are required by the Department of Energy’s Record of Decision for the Storage and Disposition of Weapons-Usable Fissile Materials Final Programmatic Environmental Impact Statement dated January 14, 1997—
(A)a statement of the cost of construction and operation of such facilities;
(B)a schedule for the expeditious construction of such facilities, including milestones; and
(C)a firm schedule for funding the cost of such facilities.
(4)A specification of the means by which all such defense plutonium and defense plutonium materials will be removed in a timely manner from the Savannah River Site for storage or disposal elsewhere.
(d)Plan for Alternative Disposition.—
If the Secretary determines not to proceed at the Savannah River Site with construction of the plutonium immobilization plant, or with the mixed oxide fuel fabrication facility, the Secretary shall prepare a plan that identifies a disposition path for all defense plutonium and defense plutonium materials that would otherwise have been disposed of at such plant or such facility, as applicable.
(e)Submission of Plans.—
Not later than February 1, 2002, the Secretary shall submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable).
(f)Limitation on Plutonium Shipments.—
If the Secretary does not submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable) by February 1, 2002, the Secretary shall be prohibited from shipping defense plutonium or defense plutonium materials to the Savannah River Site during the period beginning on February 1, 2002, and ending on the date on which such plans are submitted to Congress.
(g)Rule of Construction.—
Nothing in this section may be construed to prohibit or limit the Secretary from shipping defense plutonium or defense plutonium materials to sites other than the Savannah River Site during the period referred to in subsection (f) or any other period.
(h)Annual Report on Funding for Fissile Materials Disposition Activities.—
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report setting forth the extent to which amounts requested for the Department for such fiscal year for fissile materials disposition activities will enable the Department to meet commitments for the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah River Site, and for any other fissile materials disposition activities, in such fiscal year.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6154 was renumbered section 8265 of this title. Provisions similar to those in this section were contained in section 2567 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Reference

Citations & Metadata

Citation

10 U.S.C. § 6154

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110