Title 50War and National DefenseRelease 119-73not60

§2603 Plan for Deactivation and Decommissioning of Nonoperational Defense Nuclear Facilities

Title 50 › Chapter 42— ATOMIC ENERGY DEFENSE PROVISIONS › Subchapter IV— DEFENSE ENVIRONMENTAL CLEANUP MATTERS › Part B— Closure of Facilities › § 2603

Last updated Apr 5, 2026|Official source

Summary

Every four years starting in 2025, the Secretary of Energy must make and carry out a plan for shutting down and cleaning up defense nuclear facilities that are no longer in use. The plan must name and rank the idle facilities by which ones will most reduce risks and save money, show the life‑cycle costs for each facility from the plan’s submission date until either 25 years later or the facility’s expected cleanup date, give time and cost estimates for cleaning each one, set a schedule for when the Office of Environmental Management will take responsibility for each site, and estimate costs that could be saved by speeding up cleanup or reusing sites. In 2025 the Secretary must also make a plan for the Administrator to transfer, by March 31, 2029, responsibility for cleaning up certain Administration facilities that were nonoperational on September 30, 2024. The Secretary must send a report to the listed congressional committees by March 31, 2025 and every four years after that with the plan, next‑year actions, the 2025 transfer plan, and a summary of actions taken. These duties end after the report due by March 31, 2033. Definitions: appropriate congressional committees (defense committees plus Senate Energy and Natural Resources and House Energy and Commerce), life‑cycle costs (all present and future costs to run and to deactivate/decommission a facility), nonoperational defense nuclear facility (a DOE national‑security production or use facility no longer needed).

Full Legal Text

Title 50, §2603

War and National Defense — Source: USLM XML via OLRC

(a)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)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)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)Not later than March 31, 2025, and every four years thereafter,,11 So in original. 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)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)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.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2603

Title 50War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60