Page:United States Statutes at Large Volume 116 Part 4.djvu/320

 116 STAT. 2748 PUBLIC LAW 107-314—DEC. 2, 2002 Deadline. (3)(A) Not later than February 15 each year, beginning in Reports. 2004 and continuing for as long as the MOX facility is in use, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1). (B) Each report under subparagraph (A) for years before 2010 shall include— (i) an assessment of compliance with the schedules included with the plan under paragraph (2); and (ii) a certification by the Secretary whether or not the MOX production objective can be met by January 2009. (C) Each report under subparagraph (A) for years after 2009 shall— (i) address whether the MOX production objective has been met; and (ii) assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement. (D) Each report under subparagraph (A) for years after 2017 shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following: (i) Compliance with such objective. (ii) Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina. Deadline. (b) CORRECTIVE ACTIONS.—(1) If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (a)(2) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective by January 1, 2009. (2) If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met. (3) Any plan for corrective actions under paragraph (1) or (2) shall include established milestones under such plan for achieving compliance with the MOX production objective. (4) If, before January 1, 2009, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2009 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2009. (5) If, after January 1, 2009, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met. (6)(A) Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options

�