952 
‘‘SEC. 3237. SECURITY CLEARANCE FOR DUAL NATIONALS 
OF HIGH THREAT FOREIGN STATES. 
‘‘(a) IN GENERAL.—In the case of an individual who 
is a United States national who also has the nationality 
of a foreign state that is on the list maintained by the Sec-
retary of Energy under subsection (a) and who is appointed 
to or hired for a position designated by the Office of Per-
sonnel Management as critical sensitive or special sensitive, 
the Secretary shall provide additional review before approv-
ing a security clearance for such individual. 
‘‘(b) WAIVER.— 
‘‘(1) WAIVER AUTHORITY.—In the case of a per-
son who is a United States national who also has the 
nationality of a foreign state identified under para-
graph (2), the Secretary may waive the requirement 
under subsection (a). 
‘‘(2) FOREIGN
STATES.—The Director of Na-
tional Intelligence shall identify foreign states that 
permit citizens or nationals of the United States to 
serve in positions of trust equivalent to positions 
identified by the Office of Personnel Management as 
critical sensitive or special sensitive.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at 
the beginning of such Act is amended by inserting after the 
item relating to section 3236 the following new item: 
‘‘Sec. 3237. Security clearance for dual nationals of high threat foreign states.’’. 
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Subtitle C—Plans and Reports 
SEC. 3131. MODIFICATION OF CERTAIN REPORTING RE-
QUIREMENTS. 
(a) STATUS OF NUCLEAR MATERIALS PROTECTION, 
CONTROL, AND ACCOUNTING PROGRAM.— 
(1) REPEAL.—Section 4303 of the Atomic En-
ergy Defense Act (50 U.S.C. 2563) is repealed. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Atomic Energy Defense Act is amended 
by striking the item relating to section 4303. 
(b) STATUS OF SECURITY OF ATOMIC ENERGY DE-
FENSE FACILITIES.—Section 4506 of the Atomic Energy 
Defense Act (50 U.S.C. 2657) is amended by striking ‘‘of 
each year’’ each place it appears and inserting ‘‘of each 
even-numbered year’’. 
(c) SECURITY RISKS POSED TO NUCLEAR WEAPONS 
COMPLEX.— 
(1) INCLUDED IN SSMP.—Section 4203 of the 
Atomic Energy Defense Act (50 U.S.C. 2523) is 
amended— 
(A) in subsection (c)— 
(i) by redesignating paragraph (7) as 
paragraph (8); and 
(ii) by inserting after paragraph (6) 
the following new paragraph (7): 
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‘‘(7) A summary of the status of the plan regard-
ing the research and development, deployment, and 
lifecycle sustainment of technologies described in sub-
section (d)(7).’’; and 
(B) in subsection (d)— 
(i) by redesignating paragraph (7) as 
paragraph (8); and 
(ii) by inserting after paragraph (6) 
the following new paragraph (7): 
‘‘(7) A plan for the research and development, 
deployment, and lifecycle sustainment of the tech-
nologies employed within the nuclear security enter-
prise to address physical and cybersecurity threats 
during the five-fiscal-year period following the date of 
the plan, together with— 
‘‘(A) for each site in the nuclear security 
enterprise, a description of the technologies de-
ployed to address the physical and cybersecurity 
threats posed to that site; 
‘‘(B) for each site and for the nuclear secu-
rity enterprise, the methods used by the Adminis-
tration to establish priorities among investments 
in physical and cybersecurity technologies; and 
‘‘(C) a detailed description of how the funds 
identified for each program element specified 
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pursuant to paragraph (1) in the budget for the 
Administration for each fiscal year during that 
five-fiscal-year period will help carry out that 
plan.’’. 
(2) CONFORMING AMENDMENT.—Section 3253(b) 
of the National Nuclear Security Administration Act 
(50 U.S.C. 2453) is amended by striking paragraph 
(5). 
(d) 
SELECTED
ACQUISITION
REPORTS.—Section 
4217(a) of the Atomic Energy Defense Act (50 U.S.C. 
2537(a)) is amended by striking ‘‘fiscal-year quarter’’ each 
place it appears and inserting ‘‘fiscal year’’. 
(e) LONG-TERM PLAN FOR MEETING NATIONAL SECU-
RITY REQUIREMENTS FOR UNENCUMBERED URANIUM.— 
Section 4221(a) of the Atomic Energy Defense Act (50 
U.S.C. 2538c(a)) is amended by striking ‘‘Concurrent with 
the submission to Congress of the budget of the President 
under section 1105(a) of title 31, United States Code, in’’ 
and inserting ‘‘Not later than December 31 of’’. 
(f) DEFENSE NUCLEAR NONPROLIFERATION MANAGE-
MENT PLAN.—Section 4309 of the Atomic Energy Defense 
Act (50 U.S.C. 2575) is amended— 
(1) in subsection (a), by striking ‘‘IN GEN-
ERAL.—Concurrent with the submission to Congress 
of the budget of the President under section 1105(a) 
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956 
of title 31, United States Code, in each fiscal year’’ 
and inserting ‘‘PLAN.—Not later than March 31 of 
each odd-numbered year’’; 
(2) by redesignating subsection (c) as subsection 
(d); 
(3) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) UPDATED SUMMARY.—Not later than March 31 
of each even-numbered year, the Administrator shall submit 
to the congressional defense committees an updated sum-
mary of the plan submitted under subsection (a) during the 
previous year.’’; and 
(4) in subsection (d), as so redesignated, by in-
serting ‘‘and the updated summary required by sub-
section (c)’’ before ‘‘shall be submitted’’. 
SEC. 3132. ASSESSMENT OF MANAGEMENT AND OPERATING 
CONTRACTS OF NATIONAL SECURITY LAB-
ORATORIES. 
(a) ASSESSMENT.—Not later than 30 days after the 
date of the enactment of this Act, the Administrator for Nu-
clear Security shall seek to enter into a contract with a 
federally funded research and development center to conduct 
an assessment of the benefits, costs, challenges, risks, effi-
ciency, and effectiveness of the strategy of the Administrator 
with respect to management and operating contracts for na-
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tional security laboratories. The Administrator may not 
award such contract to a federally funded research and de-
velopment center for which the Department of Energy or 
the National Nuclear Security Administration is the pri-
mary sponsor. 
(b) COOPERATION.—The Administrator, and the direc-
tor of each national security laboratory, shall provide to 
the federally funded research and development center con-
ducting the assessment under subsection (a) the information 
the center requires to conduct such assessment. 
(c) SUBMISSION.— 
(1) NNSA.—Not later than 90 days after the 
date on which the Administrator and a federally 
funded research and development center enter into the 
contract under subsection (a), the center shall submit 
to the Administrator a report on the assessment con-
ducted under such subsection. Such report shall in-
clude the following: 
(A) An assessment of the acquisition strat-
egy and the contract oversight process of the Ad-
ministrator, and of the use of for-profit manage-
ment and operating contractors at national secu-
rity laboratories, and whether such strategy, 
process, and contractors provide the best out-
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958 
comes to the Federal Government with respect to 
performance, cost, efficiency, and effectiveness. 
(B) An assessment of the total costs, for 
each national security laboratory, that are in-
curred because of using a for-profit model for the 
management and operating contract that would 
not be incurred under a nonprofit model, and 
whether performance, costs, efficiency, and effec-
tiveness would be expected to increase or decrease 
under a nonprofit model. 
(C) An assessment of whether the Adminis-
trator is appropriately using, managing, and 
overseeing the national security laboratories with 
respect to the nature of the laboratories as feder-
ally funded research and development centers. 
(2) CONGRESS.—Not later than 30 days after the 
date on which the Administrator receives the report 
under paragraph (1), the Administrator shall submit 
to the Committees on Armed Services of the House of 
Representatives and the Senate such report, without 
change, together with any comments the Adminis-
trator determines appropriate. 
(3) LIMITATION.— 
(A) AWARD OR EXTENSION OF CONTRACT.— 
None of the funds authorized to be appropriated 
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by this Act or otherwise made available for fiscal 
year 2018 for the National Nuclear Security Ad-
ministration may be obligated or expended to 
award, or to extend, a management and oper-
ating contract for a national security laboratory 
until the date on which the Administrator sub-
mits to the congressional defense committees the 
report under paragraph (2). 
(B) WAIVER
FOR
EXTENSION.—The Sec-
retary of Energy may waive the limitation in 
subparagraph (A) with respect to the extension of 
a management and operating contract for a na-
tional security laboratory if the Secretary— 
(i) determines such waiver is required 
in the interest of national security; and 
(ii) notifies the Committees on Armed 
Services of the House of Representatives and 
the Senate of such determination. 
(d) SENSE OF CONGRESS.—It is the sense of Congress 
that nothing in this section should be construed to mandate 
or encourage an extension of an existing management and 
operating contract for a national security laboratory. 
(e) NATIONAL SECURITY LABORATORY DEFINED.—In 
this section, the term ‘‘national security laboratory’’ has the 
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meaning given that term in section 4002(7) of the Atomic 
Energy Defense Act (50 U.S.C. 2501(7)). 
SEC. 3133. EVALUATION OF CLASSIFICATION OF CERTAIN 
DEFENSE NUCLEAR WASTE. 
(a) EVALUATION.—The Secretary of Energy shall con-
duct an evaluation of the feasibility, costs, and cost savings 
of classifying certain defense nuclear waste as other than 
high-level radioactive waste, without decreasing environ-
mental, health, or public safety requirements. 
(b) MATTERS INCLUDED.—In conducting the evalua-
tion under subsection (a), the Secretary shall consider— 
(1) the estimated quantities and locations of cer-
tain defense nuclear waste; 
(2) the potential disposal path for such waste; 
(3) the estimated disposal timeline for such 
waste; 
(4) the estimated costs for disposal of such waste, 
and potential cost savings; 
(5) the potential effect on existing consent orders, 
permits, and agreements; 
(6) the basis by which the Secretary would make 
a decision on whether to reclassify such waste; and 
(7) any such other matters relating to defense 
nuclear waste that the Secretary determines appro-
priate. 
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(c) REPORT.—Not later than February 1, 2018, the 
Secretary shall submit to the appropriate congressional 
committees a report on the evaluation under subsection (a), 
including a description of— 
(1) the consideration by the Secretary of the 
matters under subsection (b); 
(2) any actions the Secretary has taken or plans 
to take to change the processes, rules, regulations, or-
ders, or directives, relating to defense nuclear waste, 
as appropriate; 
(3) any recommendations for legislative action 
the Secretary determines appropriate; and 
(4) the assessment of the Secretary regarding the 
benefits and risks of the actions and recommendations 
of the Secretary under paragraphs (1) and (2). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Energy and Com-
merce of the House of Representatives. 
(C) The Committee on Energy and Natural 
Resources of the Senate. 
(2) The term ‘‘certain defense nuclear waste’’ 
means radioactive waste that— 
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(A) resulted from the reprocessing of spent 
nuclear fuel that was generated from atomic en-
ergy defense activities; and 
(B) contains more than 100 nCi/g of alpha- 
emitting transuranic isotopes with half-lives 
greater than 20 years. 
SEC. 3134. REPORT ON CRITICAL DECISION–1 ON MATERIAL 
STAGING FACILITY PROJECT. 
Not later than October 31, 2017, the Administrator for 
Nuclear Security shall submit to the congressional defense 
committees a report containing the following: 
(1) The decision memorandum of the Adminis-
trator with respect to Critical Decision–1 on the Ma-
terial Staging Facility project at the Pantex Plant. 
(2) The preferred alternative approved by the 
Administrator for such Critical Decision–1. 
(3) The cost-range estimates, including a de-
scription of the costs saved or avoided from not car-
rying out recapitalization and sustainment of Area 4 
at the Pantex Plant. 
(4) The schedule-range estimates that include 
completion of the Material Staging Facility by 2024. 
(5) The risk factors and risk mitigation and 
management options relating to the Material Staging 
Facility. 
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