Surplus plutonium for commercial reactors

(a) Establishment (1) In general The Secretary of Energy shall establish within the Office of Nuclear Energy a milestone-based program to be known as the Surplus Plutonium for Commercial Reactors Program (in this section referred to as the Program), which shall be headed by the Assistant Secretary for Nuclear Energy (in this section referred to as the Assistant Secretary). (2) Continuation of ongoing activities The Program shall include, and the Secretary shall continue to carry out, activities undertaken before the date of enactment of this Act to solicit, evaluate, select, or enter into agreements with industry for the processing, fabrication, or utilization of surplus plutonium for advanced nuclear reactor fuel. (b) Duties (1) In general In carrying out the Program, the Assistant Secretary, in collaboration with the Under Secretary for Nuclear Security and the Assistant Secretary for Environmental Management, shall— (A) utilize solicitations, requests for applications, expressions of interest, or other selection processes issued before, on, or after the date of enactment of this Act to identify, qualify, and select United States commercial nuclear fuel fabricators and other entities that have been deemed qualified by the Assistant Secretary, including having contracted fuel offtake (in this section referred to as participants), to receive and utilize surplus plutonium for fabrication into fuel for advanced nuclear reactors; (B) enter into agreements with participants under the authority provided by section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)); and (C) distribute such plutonium to participants for processing and fabrication through a milestone-based program that requires participants to meet particular technical, security, and safeguards milestones, as agreed to by the Assistant Secretary and the Under Secretary for Nuclear Security, before a participant is awarded portions of material by the Department. (2) Timeline The Assistant Secretary shall continue and, as necessary, complete activities under paragraph (1) as follows: (A) Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall complete the execution of initial agreements under paragraph (1)(B). (B) Not later than January 1, 2028, the Assistant Secretary shall commence distribution of material under paragraph (1)(C), subject to participants meeting the milestones required under the Program. (C) Not later than January 1, 2035, the Assistant Secretary shall complete distribution of material under paragraph (1)(C), subject to participants meeting the milestones required under the Program. (c) Termination of surplus plutonium dilute and dispose program Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall— (1) terminate the Surplus Plutonium Dilute and Dispose Program, except to the extent needed to dispose of material that presents a safety concern or is not of use to the Office of Nuclear Energy; and (2) resume operations of HB Line at the Savannah River Site, South Carolina. (d) Transfer (1) In general Upon termination of the Surplus Plutonium Dilute and Dispose Program pursuant to subsection (c), any unobligated amounts previously appropriated or otherwise made available to the Department of Energy for the Surplus Plutonium Dilute and Dispose Program shall be transferred to the Office of Nuclear Energy, except to the extent such amounts are needed to complete processing and transfer of final disposition of previously downblended material. (2) Use of funds The Assistant Secretary shall use the funds transferred pursuant to paragraph (1) carry out this section. (e) Annual briefing Not later than 1 year after the date of enactment of this Act, and annually thereafter until such time the Program is completed, the Assistant Secretary, in coordination with the Under Secretary for Nuclear Security and the Assistant Secretary for Environmental Management, shall provide to the Committee on Energy and Natural Resources of the Senate, the Committee on Armed Services of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Armed Services of the House of Representatives a briefing on the progress of the Program. (f) Rule of construction Nothing in this section shall be construed to modify or otherwise affect the legal obligations of the Department of Energy to the State of South Carolina.