1013 
SEC. 3119. LIMITATION ON AUTHORIZATION OF PRODUC-
TION OF SPECIAL NUCLEAR MATERIAL OUT-
SIDE 
THE 
UNITED 
STATES 
BY 
FOREIGN 
COUNTRY WITH NUCLEAR NAVAL PROPUL-
SION PROGRAM. 
Section 57 of the Atomic Energy Act of 1954 (42 
U.S.C. 2077) is amended by adding at the end the fol-
lowing new subsections: 
‘‘f.(1) In accordance with paragraph (2), the Sec-
retary may not make an authorization under subsection 
b.(2) with respect to a covered foreign country with a nu-
clear naval propulsion program unless— 
‘‘(A) the Director of National Intelligence and 
the Chief of Naval Operations jointly submit to the 
appropriate congressional committees an assessment 
of the risks of diversion, and the likely consequences 
of such diversion, of the technology and material 
covered by such authorization; 
‘‘(B) following the date on which such assess-
ment is submitted, and, to the extent practicable, 
concurrently during the process under which the 
Secretary evaluates such authorization, the Adminis-
trator for Nuclear Security certifies to the appro-
priate congressional committees that—
1014 
‘‘(i) there is sufficient diversion control as 
part of the transfer under such authorization; 
and 
‘‘(ii) such transfer presents a minimal risk 
of diversion of such technology to a military 
program that would degrade the technical ad-
vantage of the United States; and 
‘‘(C) a period of 14 days has elapsed following 
the date of such certification. 
‘‘(2) The limitation in paragraph (1) shall apply as 
follows: 
‘‘(A) During the period preceding the date on 
which the Chief of Naval Operations first makes a 
determination under paragraph (3), with respect to 
technology and material covered by an authorization 
under subsection b.(2). 
‘‘(B) During the period beginning on the date 
on which the Chief first makes such determination, 
with respect to the critical civil nuclear technologies 
of the United States covered by a determination 
made under paragraph (3). 
‘‘(3) Not later than June 1, 2016, and quinquennially 
thereafter, the Chief of Naval Operations shall determine 
the critical civil nuclear technologies of the United States 
that should be protected from diversion to a military pro-
1015 
gram of a covered foreign country, including with respect 
to naval propulsion and weapons. The Chief shall notify 
the appropriate congressional committees of each such de-
termination. 
‘‘(4) Not later than 30 days after the date on which 
the Director of National Intelligence determines that there 
is evidence to believe that critical civil nuclear technology 
of the United States has been diverted to a foreign country 
not covered by an authorization made pursuant to sub-
section b., including an agreement for cooperation made 
pursuant to section 123, the Director shall notify the ap-
propriate congressional committees of such determination. 
‘‘(5) The Secretary shall annually notify the appro-
priate congressional committees that each covered foreign 
country is in compliance with its obligations under any 
authorization made pursuant to subsection b., including 
an agreement for cooperation made pursuant to section 
123. 
‘‘(6) In this subsection: 
‘‘(A) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(i) the congressional defense committees 
(as defined in section 101(a)(16) of title 10, 
United States Code);
1016 
‘‘(ii) the Select Committee on Intelligence 
of the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives; and 
‘‘(iii) the Committee on Foreign Relations 
of the Senate and the Committee on Foreign 
Affairs of the House of Representatives. 
‘‘(B) The term ‘covered foreign country’ means 
a foreign country that is a nuclear-weapon state, as 
defined by Article IX (3) of the Treaty on the Non- 
Proliferation of Nuclear Weapons, signed at Wash-
ington, London, and Moscow on July 1, 1968, but 
does not include the United Kingdom or France. 
‘‘g.(1) The Secretary may not make an authorization 
under subsection b.(2) with respect to a covered foreign 
country if a foreign person of the covered foreign country 
has been sanctioned under the Iran, North Korea, and 
Syria Nonproliferation Act (Public Law 106-178; 50 
U.S.C. 1701 note) during the five-year period preceding 
the date of the transfer being sought unless the President 
certifies to the appropriate congressional committees that 
the covered foreign country is taking adequate measures 
to prevent, or is making significant progress in preventing, 
transfers or acquisitions covered by section 2(a) of the 
Iran, North Korea, and Syria Nonproliferation Act.
1017 
‘‘(2) The terms ‘appropriate congressional commit-
tees’ and ‘covered foreign country’ have the meanings 
given those terms in subsection f.(6).’’. 
SEC. 3120. LIMITATION ON AVAILABILITY OF FUNDS FOR 
DEVELOPMENT OF CERTAIN NUCLEAR NON-
PROLIFERATION TECHNOLOGIES. 
(a) LIMITATION.—Except as provided by subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2016 
for defense nuclear nonproliferation for nonproliferation 
or arms control verification or monitoring technologies 
may be obligated or expended to develop such technologies 
beyond technology readiness level 5 unless, not later than 
60 days after the date of the enactment of this Act, the 
Secretary of Energy submits to the appropriate congres-
sional committees the following: 
(1) Written certification that such technologies 
are being developed to fulfill the rights or obligations 
of the United States under— 
(A) a current arms control or nonprolifera-
tion treaty or agreement requiring verification 
or monitoring that has entered into force with 
respect to the United States; or 
(B) an arms control or nonproliferation 
treaty or agreement that—
1018 
(i) will require verification or moni-
toring; and 
(iii) the Secretary expects will enter 
into force with respect to the United 
States during the two-year period begin-
ning on the date of the certification. 
(2) With respect to each technology developed 
beyond technology readiness level 5 pursuant to this 
subsection— 
(A) an identification of the amount of such 
funds made available for fiscal year 2016 for 
defense nuclear nonproliferation that will be 
used for such development; and 
(B) how such development helps to fulfill 
the rights or obligations of the United States as 
described in subparagraphs (A) or (B) of para-
graph (1). 
(b) WAIVER.—The Secretary may waive the limita-
tion in subsection (a) if— 
(1) the Secretary— 
(A) determines that the waiver is necessary 
in the national security interests of the United 
States; and
1019 
(B) submits to the appropriate congres-
sional committees a written certification of such 
determination; and 
(2) a period of 15 days elapses following the 
date on which the Secretary submits such certifi-
cation. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate. 
(2) The term ‘‘technology readiness level 5’’ has 
the meaning given that term in the Department of 
Energy Guide 413.3–4A titled ‘‘Technology Readi-
ness Assessment Guide’’ and approved on September 
15, 2011. 
SEC. 3121. LIMITATION ON AVAILABILITY OF FUNDS FOR 
UNILATERAL DISARMAMENT. 
(a) LIMITATION ON MAXIMUM AMOUNT FOR DIS-
MANTLEMENT.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for any 
of fiscal years 2016 through 2020 for the National Nu-
1020 
clear Security Administration, not more than $50,000,000 
may be obligated or expended in each such fiscal year to 
carry out the nuclear weapons dismantlement and disposi-
tion activities of the Administration. 
(b) LIMITATION ON UNILATERAL DISARMAMENT.— 
(1) IN GENERAL.—Except as provided by para-
graph (2) and subsection (d), none of the funds au-
thorized to be appropriated by this Act or otherwise 
made available for any of fiscal years 2016 through 
2020 for the National Nuclear Security Administra-
tion may be obligated or expended to dismantle a 
nuclear weapon of the United States. 
(2) AUTHORIZED DISMANTLEMENT.—The limi-
tation in paragraph (1) shall not apply with respect 
to a nuclear weapon of the United States that meets 
at least one of the following criteria: 
(A) The nuclear weapon was retired on or 
before September 30, 2008. 
(B) The Administrator for Nuclear Secu-
rity certifies in writing to the congressional de-
fense committees that the components of the 
nuclear weapon are directly required for the 
purposes of a current life extension program. 
(C) The President certifies in writing to 
the congressional defense committees that the
1021 
nuclear weapon is being dismantled pursuant to 
a nuclear arms reduction treaty or similar 
international agreement that— 
(i) has entered into force after the 
date of the enactment of this Act; and 
(ii) was approved— 
(I) with the advice and consent 
of the Senate pursuant to Article II, 
section 2, clause 2 of the Constitution 
after the date of the enactment of this 
Act; or 
(II) by an Act of Congress, as 
described in section 303(b) of the 
Arms Control and Disarmament Act 
(22 U.S.C. 2573(b)). 
(c) LIMITATION ON UNILATERAL DISARMAMENT OF 
CERTAIN CRUISE MISSILE WARHEADS.—Except as pro-
vided by subsection (d), and notwithstanding subsection 
(b)(2), none of the funds authorized to be appropriated 
by this Act or otherwise made available for any of fiscal 
years 2016 through 2020 for the National Nuclear Secu-
rity Administration may be obligated or expended to dis-
mantle or dispose a W84 nuclear weapon. 
(d) EXCEPTION.—The limitations in subsection (b) 
and (c) shall not apply to activities necessary to conduct
1022 
maintenance or surveillance of the nuclear weapons stock-
pile or activities to ensure the safety or reliability of the 
nuclear weapons stockpile. 
SEC. 3122. USE OF BEST PRACTICES FOR CAPITAL ASSET 
PROJECTS AND NUCLEAR WEAPON LIFE EX-
TENSION PROGRAMS. 
(a) ANALYSES OF ALTERNATIVES.—Not later than 
30 days after the date of the enactment of this Act, the 
Secretary of Energy, in coordination with the Adminis-
trator for Nuclear Security, shall ensure that analyses of 
alternatives are conducted (including through contractors, 
as appropriate) in accordance with best practices for cap-
ital asset projects and life extension programs of the Na-
tional Nuclear Security Administration and capital asset 
projects relating to defense environmental management. 
(b) COST ESTIMATES.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary, in 
coordination with the Administrator, shall develop cost es-
timates in accordance with cost estimating best practices 
for capital asset projects and life extension programs of 
the National Nuclear Security Administration and capital 
asset projects relating to defense environmental manage-
ment. 
(c) REVISIONS TO DEPARTMENTAL PROJECT MAN-
AGEMENT ORDER AND NUCLEAR WEAPON LIFE EXTEN-
1023 
SION REQUIREMENTS.—As soon as practicable after the 
date of the enactment of this Act, but not later than two 
years after such date of enactment, the Secretary shall 
revise— 
(1) the capital asset project management order 
of the Department of Energy to require the use of 
best practices for preparing cost estimates and for 
conducting analyses of alternatives for National Nu-
clear Security Administration and defense environ-
mental management capital asset projects; and 
(2) the nuclear weapon life extension program 
procedures of the Department to require the use of 
use of best practices for preparing cost estimates 
and conducting analyses of alternatives for National 
Nuclear Security Administration life extension pro-
grams. 
SEC. 3123. LIFE EXTENSION PROGRAMS COVERED BY SE-
LECTED ACQUISITION REPORTS. 
Section 4217 of the Atomic Energy Defense Act (50 
U.S.C. 2537) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) TREATMENT OF CERTAIN SYSTEMS.—For pur-
poses of this section, an existing nuclear weapon system 
is deemed to be undergoing life extension if the expected
1024 
total cost of the associated activities, including activities 
considered alterations, will exceed $1,000,000,000.’’. 
Subtitle C—Plans and Reports 
SEC. 3131. ROOT CAUSE ANALYSES FOR CERTAIN COST 
OVERRUNS. 
Section 4713(c) of the Atomic Energy Defense Act 
(50 U.S.C. 2753) is amended— 
(1) in the heading, by inserting ‘‘AND ROOT 
CAUSE ANALYSES’’ after ‘‘PROJECTS’’; 
(2) in paragraph (1), by striking ‘‘and’’; 
(3) in paragraph (2)(C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following para-
graph: 
‘‘(3) submit to the congressional defense com-
mittees an assessment of the root cause or causes of 
the growth in the total cost of the project, including 
the contribution of any shortcomings in cost, sched-
ule, or performance of the program, including the 
role, if any, of— 
‘‘(A) unrealistic performance expectations; 
‘‘(B) unrealistic baseline estimates for cost 
or schedule; 
‘‘(C) immature technologies or excessive 
manufacturing or integration risk;
1025 
‘‘(D) unanticipated design, engineering, 
manufacturing, or technology integration issues 
arising during program performance; 
‘‘(E) changes in procurement quantities; 
‘‘(F) inadequate program funding or fund-
ing instability; 
‘‘(G) poor performance by personnel of the 
Federal Government or contractor personnel re-
sponsible for program management; or 
‘‘(H) any other matters.’’. 
SEC. 3132. EXTENSION AND MODIFICATION OF CERTAIN AN-
NUAL 
REPORTS 
ON 
NUCLEAR 
NON-
PROLIFERATION. 
Section 3122(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1710) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘2016’’ and inserting ‘‘2020’’; and 
(2) in paragraph (2), by inserting after 
‘‘world,’’ the following: ‘‘including an identification 
of such uranium that is obligated by the United 
States,’’; and 
(3) by adding at the end the following new 
paragraph: