---
kind: "section"
citation: "10 U.S.C. § 6194"
title: "10"
title_heading: "Armed Forces"
number: "6194"
heading: "Plan for deactivation and decommissioning of nonoperational defense nuclear facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/6194"
units:
  - "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. Plan for deactivation and decommissioning of nonoperational defense nuclear facilities

- (a) **In General.—** The [Secretary](/usc/10/4951.md?p=3) of Energy shall, every four years beginning in 2025, develop and subsequently carry out a plan for the activities of the [Department](/usc/10/101.md?p=a-6) of Energy relating to the deactivation and decommissioning of nonoperational defense nuclear [facilities](/usc/10/2700.md?p=2).
- (b) **Elements.—** The plan required by [subsection (a)](#a) shall include the following:
  - (1) A list of nonoperational defense nuclear [facilities](/usc/10/2700.md?p=2), prioritized for deactivation and decommissioning based on the potential to reduce risks to human health, property, or the [environment](/usc/10/2700.md?p=2) and to maximize cost savings.
  - (2) An assessment of the life cycle costs of each nonoperational defense nuclear [facility](/usc/10/2700.md?p=2) during the period beginning on the date on which the plan is submitted under [subsection (d)](#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](/usc/10/2700.md?p=2).
  - (3) An estimate of the cost and time needed to deactivate and decommission each nonoperational defense nuclear [facility](/usc/10/2700.md?p=2).
  - (4) A schedule for when the Office of Environmental Management will accept each nonoperational defense nuclear [facility](/usc/10/2700.md?p=2) for deactivation and decommissioning.
  - (5) An estimate of costs that could be avoided by—
    - (A) accelerating the cleanup of nonoperational defense nuclear [facilities](/usc/10/2700.md?p=2); or
    - (B) other means, such as reusing such [facilities](/usc/10/2700.md?p=2) for another purpose.
- (c) **Plan for Transfer of Responsibility for Certain Facilities.—** The [Secretary](/usc/10/4951.md?p=3) shall, during 2025, develop and subsequently carry out a plan under which the [Administrator](/usc/10/2700.md?p=3) shall transfer, by March 31, 2029, to the Assistant [Secretary](/usc/10/4951.md?p=3) for Environmental Management the responsibility for decontaminating and decommissioning [facilities](/usc/10/2700.md?p=2) of the Administration that the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) shall submit to the [appropriate congressional committees](/usc/10/301.md?p=1) a report that [includes](/usc/10/101.md?p=g-4)—
  - (1) the plan required by [subsection (a)](#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)](#c); and
  - (4) a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear [facility](/usc/10/2700.md?p=2) 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](/usc/10/301.md?p=1) of the report required by [subsection (d)](#d) to be submitted not later than March 31, 2033.
- (f) **Definitions.—** In this section:
  - (1) The term “[appropriate congressional committees](/usc/10/301.md?p=1)” means—
    - (A) the [congressional defense committees](/usc/10/101.md?p=a-16); 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](/usc/10/2700.md?p=2), means—
    - (A) the present and future costs of all resources and associated cost elements required to develop, produce, deploy, or sustain the [facility](/usc/10/2700.md?p=2); and
    - (B) the present and future costs to deactivate, decommission, and deconstruct the [facility](/usc/10/2700.md?p=2).
  - (3) The term “nonoperational defense nuclear [facility](/usc/10/2700.md?p=2)” means a production [facility](/usc/10/2700.md?p=2) or utilization [facility](/usc/10/2700.md?p=2) (as those terms are defined in section 11 of the Atomic Energy Act of 1954 ([42 U.S.C. 2014](/usc/42/2014.md))) under the control or jurisdiction of the [Secretary](/usc/10/4951.md?p=3) of Energy and operated for [national security](/usc/10/801.md?p=16) purposes that is no longer needed for the mission of the [Department](/usc/10/101.md?p=a-6) of Energy, including the National Nuclear Security Administration.

## Source credit

(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1397.)

## Notes

### 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).