Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2581 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Statutory Notes and Related Subsidiaries

Office of Environmental Management Program-Wide Performance Metrics for Reducing Risk

Pub. L. 119–60, div. C, title XXXI, §3124, Dec. 18, 2025, 139 Stat. 1467, provided that:

"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Energy shall—

"(1) develop and implement program performance metrics for the Office of Environmental Management (referred to in this section as the 'Office'), in addition to the program performance metrics identified in the plan published by the Office of Environmental Management entitled 'EM Program Plan 2022'; and

"(2) revise the program performance metrics identified in the 'EM Program Plan 2022' in accordance with the requirements of subsection (b).

"(b) Required Elements.—The program performance metrics described in subsection (a) shall incorporate the following elements:

"(1) Linkage.—Each metric shall—

"(A) align with the goals and mission of the Department of Energy (referred to in this section as the 'Department') and the Office;

"(B) link to the other metrics developed or revised under subsection (a) and any other existing performance metrics of the Department and the Office; and

"(C) be clearly communicated throughout the Department and the Office.

"(2) Clarity.—Each metric shall be clear and the name and definition of such metric shall be consistent with the methodology used to calculate the metric.

"(3) Measurable.—Each metric shall have a numerical goal.

"(4) Objective.—Each metric shall be reasonably free from significant bias or manipulation.

"(5) Reliable.—Each metric shall produce the same result under similar conditions.

"(6) Core program activities.—The metrics shall cover the activities that the Office is expected to perform to support its mission.

"(7) Limited overlap.—Each metric shall provide new information beyond any information provided by other metrics.

"(8) Balance.—The metrics shall ensure that various priorities of the Office are covered.

"(9) Effectiveness.—Each metric shall incorporate an effectiveness measure, such as quality, timeliness, and cost of service.

"(c) Risk Reduction Prioritization.—The program performance metrics described in subsection (a) shall—

"(1) give first priority to addressing any issues posing an immediate risk to human health or the environment;

"(2) give second priority, as appropriate, to addressing issues based on achieving the highest risk reduction benefit per radioactive or hazardous content removed; and

"(3) measure the amount of radioactivity or hazardous content removed, as determined by—

"(A) curies, rads, or rems;

"(B) pounds of hazardous content removed; or

"(C) such other appropriate measure.

"(d) Report.—

"(1) In general.—Not later than one year after the date of the enactment of this Act, and every two years thereafter until 2036, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the outcomes achieved under the program performance metrics described in subsection (a) for each fiscal year covered by such report.

"(2) Contents.—Each report shall identify the cost per curie, rad, or rem of radioactivity and cost per pound of hazardous content removed program-wide, by site, and by mission area."

Office of Environmental Management Integrated Radioactive Waste Disposal Planning and Optimization

Pub. L. 119–60, div. C, title XXXI, §3125, Dec. 18, 2025, 139 Stat. 1469, provided that:

"(a) Radioactive Waste Disposal Optimization Analyses.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Energy shall develop a complex-wide analysis to identify optimal disposal pathways and schedules for defense radioactive waste produced by the Department of Energy (and the predecessor agencies to the Department) and managed by the Office of Environmental Management of the Department.

"(2) Contents.—The analysis required by paragraph (1) shall—

"(A) incorporate modeling to identify optimal disposal pathways and schedules that could be achieved, in consideration of—

"(i) regulatory constraints; and

"(ii) legal binding agreements; and

"(B) identify strategic alternatives to radioactive waste disposal plans and schedules.

"(b) Nationwide Radioactive Waste Disposal Plan.—

"(1) In general.—Not later than 15 months after the date of the enactment of this Act, the Secretary of Energy shall develop an integrated, nationwide radioactive waste disposal plan.

"(2) Contents.—The plan required by paragraph (1) shall—

"(A) include, to the maximum extent practicable, optimal radioactive waste disposal pathways and schedules identified through the analysis conducted pursuant to subsection (a);

"(B) identify specific opportunities for further optimization of radioactive waste disposal pathways and schedules that might be achieved through changes in regulatory constraints;

"(C) address complex-wide disposal issues, such as waste with no disposal pathway; and

"(D) incorporate feedback from key stakeholders, including Federal and State regulators and operators of radioactive waste disposal facilities.

"(c) Radioactive Waste Disposal Forum.—

"(1) In general.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Energy shall establish a forum for Federal and State agencies that regulate radioactive waste cleanup and disposal activities by the Office of Environmental Management.

"(2) Purpose.—The forum established pursuant to paragraph (1) shall holistically negotiate regulatory and other changes that could allow the Department of Energy to implement opportunities for optimal radioactive waste disposal identified pursuant to subsection (b).

"(d) Report Required.—Not later than two years after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—

"(1) the results of the optimization analysis required by subsection (a);

"(2) the nationwide disposal plan required by subsection (b); and

"(3) the initial activities of the forum established pursuant to subsection (c).

"(e) Congressional Notification and Briefing.—If the Secretary of Energy determines to significantly modify operations at sites managed by the Office of Environmental Management of the Department of Energy, the Secretary shall, not later than 30 days before the date on which the Secretary carries out the modification of such operations provide to the congressional defense committees notice of, and a briefing with respect to, such modification.

"(f) Definitions.—In this section:

"(1) The term 'complex' means the set of sites across the United States where radioactive waste cleanup and disposal activities are managed by the Office of Environmental Management.

"(2) The term 'integrated' means inclusive of all radioactive waste across the complex.

"(3) The term 'optimal' means the best possible outcome, such as the lowest cost or highest profit, while following specific rules and limitations.

"(4) The term 'regulatory constraints' means requirements included in regulations or agreements with regulators that affect decisions regarding radioactive waste disposal pathways and schedules by the Office of Environmental Management."