50 U.S.C. § 2589 — Policy of Department of Energy regarding

Page 469 TITLE 50—WAR AND NATIONAL DEFENSE § 2589 (2) The term ‘‘Department’’ means the De- partment of Energy. (3) The term ‘‘institution of higher edu- cation’’ has the meaning given the term in section 1001(a) of title 20. (4) The term ‘‘mission’’ means the mission of the Office. (5) The term ‘‘National Laboratory’’ has the meaning given the term in section 15801 of title 42. (6) The term ‘‘Office’’ means the Office of Environmental Management of the Depart- ment. (7) The term ‘‘Secretary’’ means the Sec- retary of Energy, acting through the Assistant Secretary for Environmental Management. (Pub. L. 107–314, div. D, title XLIV, § 4406A, as added Pub. L. 117–81, div. C, title XXXI, § 3114(a), Dec. 27, 2021, 135 Stat. 2221.) § 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 Sec- retary of Energy shall submit to Congress a re- port on how the defense environmental cleanup funds of the Department of Energy were ex- pended during the fiscal year preceding the fis- cal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget cat- egory, and activity. The report also shall in- clude 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, for- merly 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.) Editorial Notes CODIFICATION Section was formerly classified to section 7274c of Title 42, The Public Health and Welfare, prior to re- numbering by Pub. L. 108–136. AMENDMENTS 2013—Pub. L. 113–66 substituted ‘‘defense environ- mental cleanup’’ for ‘‘environmental restoration’’ in section catchline and ‘‘defense environmental cleanup funds’’ for ‘‘environmental restoration and waste man- agement funds for defense activities’’ in text. 2003—Pub. L. 108–136, § 3141(g)(8)(D), made technical amendment to section catchline. § 2588. Public participation in planning for de- fense environmental cleanup The Secretary of Energy shall consult with the Administrator of the Environmental Protec- tion Agency, the Attorney General, Governors and attorneys general of affected States, appro- priate 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, for- merly 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.) Editorial Notes CODIFICATION 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. AMENDMENTS 2013—Pub. L. 113–66 substituted ‘‘defense environ- mental cleanup’’ for ‘‘environmental restoration and waste management at defense nuclear facilities’’ in sec- tion 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 ‘‘Pub- lic participation in planning for environmental restora- tion and waste management at defense nuclear facili- ties’’ for ‘‘Public participation in planning’’ in section catchline. § 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 environ- mental 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 offi- cer, the nature and extent of those responsibil- ities. (2) In paragraph (1), the term ‘‘future defense environmental management matter’’ means any environmental cleanup project, decontamina- tion and decommissioning project, waste man- agement project, or related activity that arises out of the activities of the Department in car- rying out programs necessary for national secu- rity 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 there- after, 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 Page 470 TITLE 50—WAR AND NATIONAL DEFENSE § 2590 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.) Editorial Notes CODIFICATION 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. § 2590. Estimation of costs of meeting defense en- vironmental cleanup milestones required by consent orders The Secretary of Energy shall include in the budget justification materials submitted to Con- gress 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 on the cost, for that fiscal year and the four fiscal years following that fis- cal year, of meeting milestones required by a consent order at each defense nuclear facility at which defense environmental cleanup activities are occurring. The report shall include, for each such facility— (1) a specification of the cost of meeting such milestones during that fiscal year; and (2) an estimate of the cost of meeting such milestones during the four fiscal years fol- lowing that fiscal year. (Pub. L. 107–314, div. D, title XLIV, § 4409, as added Pub. L. 116–92, div. C, title XXXI, § 3112(a), Dec. 20, 2019, 133 Stat. 1950.) § 2591. Public statement of environmental liabil- ities Each year, at the same time that the Depart- ment of Energy submits its annual financial re- port under section 3516 of title 31, the Secretary of Energy shall make available to the public a statement of environmental liabilities, as cal- culated for the most recent audited financial statement of the Department under section 3515 of that title, for each defense nuclear facility at which defense environmental cleanup activities are occurring. (Pub. L. 107–314, div. D, title XLIV, § 4410, as added Pub. L. 116–283, div. C, title XXXI, § 3121(a), Jan. 1, 2021, 134 Stat. 4381.) PART B—CLOSURE OF FACILITIES § 2601. Repealed. Pub. L. 113–66, div. C, title XXXI, § 3146(e)(10), Dec. 26, 2013, 127 Stat. 1077 Section, Pub. L. 107–314, div. D, title XLIV, § 4421, for- merly Pub. L. 104–201, div. C, title XXXI, § 3143, Sept. 23, 1996, 110 Stat. 2836; renumbered Pub. L. 107–314, div. D, title XLIV, § 4421, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(11), Nov. 24, 2003, 117 Stat. 1766, re- lated to projects to accelerate closure activities at de- fense nuclear facilities. § 2602. Reports in connection with permanent closures of Department of Energy defense nuclear facilities (a) Training and job placement services plan Not later than 120 days before a Department of Energy defense nuclear facility permanently ceases all production and processing operations, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report con- taining a discussion of the training and job placement services needed to enable the employ- ees at such facility to obtain employment in the defense environmental cleanup activities at such facility. The discussion shall include the actions that should be taken by the contractor operating and managing such facility to provide retraining and job placement services to em- ployees of such contractor. (b) Closure report Upon the permanent cessation of production operations at a Department of Energy defense nuclear facility, the Secretary of Energy shall submit to Congress a report containing— (1) a complete survey of environmental prob- lems at the facility; (2) budget quality data indicating the cost of defense environmental cleanup activities at the facility; and (3) a discussion of the proposed cleanup schedule. (Pub. L. 107–314, div. D, title XLIV, § 4422, for- merly Pub. L. 101–189, div. C, title XXXI, § 3156, Nov. 29, 1989, 103 Stat. 1683; renumbered Pub. L. 107–314, div. D, title XLIV, § 4422, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(12), Nov. 24, 2003, 117 Stat. 1766; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(E), (e)(11), Dec. 26, 2013, 127 Stat. 1073, 1077.) Editorial Notes CODIFICATION Section was formerly classified to section 7274b of Title 42, The Public Health and Welfare, prior to re- numbering by Pub. L. 108–136. PRIOR PROVISIONS A prior section 2611, Pub. L. 107–314, div. D, title XLIV, § 4431, formerly Pub. L. 105–85, div. C, title XXXI, § 3132, Nov. 18, 1997, 111 Stat. 2034; renumbered Pub. L. 107–314, div. D, title XLIV, § 4431, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(g)(14), Nov. 24, 2003, 117 Stat. 1767, related to defense environmental manage- ment privatization projects, prior to repeal by Pub. L. 113–66, div. C, title XXXI, § 3146(e)(12), Dec. 26, 2013, 127 Stat. 1078. AMENDMENTS 2013—Subsec. (a). Pub. L. 113–66, § 3146(e)(11)(A), sub- stituted ‘‘shall submit’’ for ‘‘must submit’’ and ‘‘de- fense environmental cleanup’’ for ‘‘environmental re- mediation and cleanup’’. Pub. L. 113–66, § 3146(a)(2)(E), struck out ‘‘(as defined in section 2286g of title 42)’’ after ‘‘defense nuclear fa- cility’’. Subsec. (b)(2). Pub. L. 113–66, § 3146(e)(11)(B), sub- stituted ‘‘defense environmental cleanup activities’’ for ‘‘environmental restoration and other remediation and cleanup efforts’’. 2003—Pub. L. 108–136, § 3141(g)(12)(D), made technical amendment to section catchline.