Title 10, Armed ForcesRelease 119-110

§6194 Plan for Deactivation and Decommissioning of Nonoperational Defense Nuclear Facilities

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 604 — DEFENSE ENVIRONMENTAL CLEANUP MATTERS › SUBCHAPTER II — CLOSURE OF FACILITIES › § 6194

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy must create and carry out a plan every four years starting in 2025 for shutting down and cleaning up defense nuclear facilities that are not in use. The plan must list and rank those facilities by how much they would cut health, property, or environmental risks and save money. It must include life‑cycle cost estimates for each site from when the plan is sent until either 25 years later or the facility’s estimated cleanup date, plus how long and how much cleanup will take. The plan must give a timeline for when the Office of Environmental Management will take each site and estimate money that could be saved by speeding cleanup or reusing sites. During 2025 the Secretary must also make and follow a plan to move responsibility from the Administrator to the Assistant Secretary for Environmental Management for facilities the Secretary finds were nonoperational as of September 30, 2024, with that transfer finished by March 31, 2029. A report with the plan is due to the appropriate congressional committees by March 31, 2025 and every four years after, showing the plan, next year’s expected actions, the 2025 transfer plan, and past actions. The duties end after the report due March 31, 2033. Appropriate congressional committees: the congressional defense committees and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce. Life cycle costs: present and future costs to build, run, sustain, and to deactivate and tear down a facility. Nonoperational defense nuclear facility: a production or use facility run for national security by the Secretary of Energy that is no longer needed.

Full Legal Text

Title 10, §6194

Armed Forces, Source: USLM XML via OLRC

(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, 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)
(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 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2603 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. § 6194

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110