[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5234-S5235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3453. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle C of title XXXI, 
     insert the following:

     SEC. 31__. SURPLUS DEFENSE PLUTONIUM FOR COMMERCIAL REACTORS.

       (a) Establishment.--The Secretary of Energy shall establish 
     within the Office of Nuclear Energy a milestone-based program 
     to be known as the ``Surplus Defense Plutonium for Commercial 
     Reactors Program'' (referred to in this section as the 
     ``Program''), which shall be headed by the Assistant 
     Secretary for Nuclear Energy (referred to in this section as 
     the ``Assistant Secretary'').
       (b) Duties.--
       (1) In general.--In carrying out the Program, the Assistant 
     Secretary, in collaboration with the Administrator for 
     Nuclear Security and the Assistant Secretary for 
     Environmental Management, shall--
       (A) work with industry to determine interest in obtaining 
     access to surplus defense plutonium or defense plutonium 
     materials, currently located within the Department of Energy 
     complex, so that such plutonium can

[[Page S5235]]

     be utilized by commercial nuclear fuel fabricators that have 
     been deemed qualified by the Assistant Secretary, including 
     having contracted fuel offtake (referred to in this section 
     as ``participants''), for fabrication into fuel for advanced 
     nuclear reactors;
       (B) enter into agreements with participants utilizing the 
     Other Transaction Agreement authority; and
       (C) distribute such plutonium to participants for 
     processing and fabrication through a milestone-based program 
     that requires participants to meet particular technical 
     milestones, as determined by the Assistant Secretary, before 
     a participant is awarded portions of material by the 
     Department.
       (2) Timeline.--The Assistant Secretary shall--
       (A) not later than 90 days after the date of the enactment 
     of this Act, commence carrying out subparagraphs (A) and (B) 
     of paragraph (1);
       (B) not later than 180 days after the date of the enactment 
     of this Act, complete carrying out paragraph (1)(B);
       (C) not later than January 1, 2028, commence carrying out 
     paragraph (1)(C); and
       (D) not later than January 1, 2035, complete carrying out 
     paragraph (1)(C).
       (c) Termination of Surplus Plutonium Dilute and Dispose 
     Program.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Energy shall 
     terminate the surplus plutonium dilute and dispose program 
     except with respect to the legal obligations of the 
     Department of Energy to the State of South Carolina.
       (d) Transfer.--
       (1) In general.--Upon termination of the surplus plutonium 
     dilute and dispose program pursuant to subsection (c), the 
     unobligated balance of any 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.
       (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 every year thereafter until 
     such time the Program is completed, the Assistant Secretary, 
     in coordination with the Administrator 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) Application to the State of South Carolina.--The 
     establishment of the Program under this section shall not 
     affect the legal obligations of the Department of Energy to 
     the State of South Carolina.
                                 ______