1158 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) IN GENERAL.—Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal 
year 2018 for defense environmental cleanup activities in 
carrying out programs as specified in the funding table 
in division D. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
Project 18-D–401, Saltstone Disposal Units #8 
and #9, Savannah River Site, Aiken, South Caro-
lina, $500,000. 
Project 18–D–402, Emergency Operations Cen-
ter Replacement, Savannah River Site, Aiken, South 
Carolina, $500,000. 
Project 18–D–404, Modification of Waste En-
capsulation and Storage Facility, Hanford Site, 
Richland, Washington, $6,500,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2018 for other 
defense activities in carrying out programs as specified in 
the funding table in division D.
1159 
SEC. 3104. NUCLEAR ENERGY. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2018 for nuclear 
energy as specified in the funding table in division D. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. NUCLEAR SECURITY ENTERPRISE INFRASTRUC-
TURE RECAPITALIZATION AND REPAIR. 
(a) FINDINGS.—Congress finds the following: 
(1) On September 7, 2016, during testimony 
before the Subcommittee on Strategic Forces of the 
Committee on Armed Services of the House of Rep-
resentatives— 
(A) the Administrator for Nuclear Secu-
rity, Frank Klotz, said— 
(i) ‘‘Our infrastructure is extensive, 
complex, and, in many critical areas, sev-
eral decades old. More than half of 
NNSA’s approximately 6,000 real property 
assets are over 40 years old, and nearly 30 
percent date back to the Manhattan 
Project era. Many of the enterprise’s crit-
ical utility, safety, and support systems are 
failing at an increasing and unpredictable
1160 
rate, which poses both programmatic and 
safety risk.’’; and 
(ii) ‘‘I can think of no greater threat 
to the nuclear security enterprise than the 
state of NNSA’s infrastructure.’’; 
(B) the President and Chief Executive Of-
ficer of Consolidated Nuclear Security, Morgan 
Smith, said, ‘‘Many key facilities at both 
[Pantex and Y–12] were constructed in the 
1940s and were intended to operate for as little 
as one decade. Many facilities and their sup-
porting infrastructure have exceeded or far ex-
ceeded their expected life, and major systems 
within the facilities are beginning to fail.’’; and 
(C) the Director of Los Alamos National 
Laboratory, Dr. Charlie McMillan, said, ‘‘One 
of the things that keeps me up at night is the 
realization that essential capabilities are held at 
risk by the possibility of such failures; in many 
cases, our enterprise has a single point of fail-
ure.’’. 
(2) In a letter sent on December 23, 2015, by 
the Secretary of Energy, Ernest Moniz, to the Direc-
tor of the Office of Management and Budget, Shaun 
Donovan, the Secretary said, ‘‘A majority of the Na-
1161 
tional Nuclear Security Administration’s (NNSA) fa-
cilities and systems are well beyond end-of-life. . . 
Infrastructure problems such as falling ceilings are 
increasing in frequency and severity, unacceptably 
risking the safety and security of both personnel and 
material at NNSA facilities, as well as in some in-
stances, potential offsite risks. The entire complex 
could be placed at risk if there is a single failure 
where a single point would disrupt a critical link in 
infrastructure.’’. 
(3) The Nuclear Posture Review published in 
April 2010 stated that ‘‘In order to sustain a safe, 
secure, and effective U.S. nuclear stockpile as long 
as nuclear weapons exist, the United States must 
possess a modern physical infrastructure. . . To-
day’s nuclear complex, however, has fallen into ne-
glect. Although substantial science, technology, and 
engineering investments were made over the last 
decade under the auspices of the Stockpile Steward-
ship Program, the complex still includes many over-
sized and costly-to maintain facilities built during 
the 1940s and 1950s. Some facilities needed for 
working with plutonium and uranium date back to 
the Manhattan Project. Safety, security, and envi-
ronmental issues associated with these aging facili-
1162 
ties are mounting, as are the costs of addressing 
them.’’. 
(4) In 2009, the bipartisan Congressional Com-
mission on the Strategic Posture of the United 
States established by section 1062 of the National 
Defense Authorization for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 319) stated, with regards 
to key production facilities, that ‘‘existing facilities 
are genuinely decrepit and are maintained in a safe 
and secure manner only at high cost’’. 
(5) Previous efforts to address the deferred 
maintenance and repair challenges within the nu-
clear security enterprise, such as the Facilities In-
frastructure and Recapitalization Program and the 
recent halt in the growth of backlog metrics, are 
laudable but insufficient for the magnitude of the 
problem. 
(6) Recent figures provided by the Adminis-
trator for Nuclear Security estimate the backlog of 
deferred maintenance and repair needs of the nu-
clear security enterprise to be approximately 
$3,700,000,000. 
(b) FACILITIES AND INFRASTRUCTURE RECAPITAL-
IZATION AND REPAIR PROGRAM.—
1163 
(1) ESTABLISHMENT.—Not later than 30 days 
after the date of the enactment of this Act, the Ad-
ministrator for Nuclear Security shall establish and 
carry out a program known as the Facilities and In-
frastructure Recapitalization and Repair Program to 
reduce the backlog of deferred maintenance and re-
pair needs of the nuclear security enterprise (as de-
fined in section 4002(6) of the Atomic Energy De-
fense Act (50 U.S.C. 2501(6)). The Administrator 
shall ensure that, by not later than five years after 
the date of the enactment of this Act, the program 
achieves the goal of reducing such backlog of de-
ferred maintenance and repair needs by 50 percent. 
(2) AUTHORITIES.— 
(A) PROCESS.— 
(i) IN
GENERAL.—The Secretary of 
Energy shall provide to the Administrator 
a process that will enhance or streamline 
the ability of the Administrator to carry 
out the program under paragraph (1) in 
an efficient and effective manner, including 
with respect to— 
(I) the demolition or construction 
of non-nuclear facilities of the Admin-
istration that have a total estimated
1164 
project 
cost 
of 
less 
than 
$100,000,000; and 
(II) the decontamination, decom-
missioning, and demolition (to be per-
formed in accordance with applicable 
health and safety standards used by 
the Defense Environmental Cleanup 
Program) of process-contaminated fa-
cilities of the Administration that 
have a total estimated project cost of 
less than $50,000,000. 
(ii) FUNDING.—Clause (i) may be car-
ried out using amounts authorized to be 
appropriated for fiscal year 2018 or any 
subsequent fiscal year. 
(B) APPLICATION OF CERTAIN REQUIRE-
MENTS.—For purposes of the Management Pro-
cedures Memorandum 2015–01 of the Office of 
Management and Budget, or such successor 
memorandum, in carrying out the program 
under paragraph (1), the Administrator may— 
(i) perform new construction during a 
fiscal year that differs from the fiscal year 
of corresponding facility demolition;
1165 
(ii) perform demolition of different fa-
cility category codes and have that demoli-
tion credit count towards the construction 
of new facilities with a different facility 
category code; and 
(iii) have the net reduction in infra-
structure footprint for the five fiscal years 
prior to the date of the enactment of this 
Act, and the demolition during the five fis-
cal years following such date of enactment, 
considered as a factor for the purpose of 
meeting the intent of such memorandum. 
(3) PLAN.—Together with the budget of the 
President submitted to Congress under section 
1105(a) of title 31, United States Code, for fiscal 
year 2019, the Secretary and the Administrator 
shall jointly submit to the Committees on Armed 
Services of the House of Representatives and the 
Senate a plan to carry out the program under para-
graph (1) to achieve the goal specified in such para-
graph. Such plan shall include— 
(A) the funding required to carry out the 
program during the period covered by the fu-
ture-years nuclear security program under sec-
1166 
tion 3253 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2453); 
(B) 
the 
criteria 
for 
selecting 
and 
prioritizing projects within the program under 
paragraph (1); 
(C) mechanisms for ensuring the robust 
management and oversight of such projects; 
(D) a description of the process provided 
to the Administrator to carry out the program 
pursuant to paragraph (2)(A); 
(E) a description of any legislative actions 
the Secretary recommends to further enhance 
or streamline authorities or processes relating 
to the program; and 
(F) a certification by the Secretary that 
such budget will enable the program to meet 
the goal specified in paragraph (1). 
(4) TERMINATION.—The Administrator shall 
terminate the program under paragraph (1) on the 
date that is five years after the date of the enact-
ment of this Act. 
(c) INCLUSION IN BIENNIAL DETAILED REPORT.— 
Section 4203(d)(4) of the Atomic Energy Defense Act (50 
U.S.C. 2523) is amended—
1167 
(1) in subparagraph (B), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D)(i) a description of— 
‘‘(I) the metrics (based on industry 
best practices) used by the Administrator 
to determine the infrastructure deferred 
maintenance and repair needs of the nu-
clear security enterprise; and 
‘‘(II) the percentage of replacement 
plant value being spent on maintenance 
and repair needs of the nuclear security 
enterprise; and 
‘‘(ii) an explanation of whether the annual 
spending on such needs complies with the rec-
ommendation of the National Research Council 
of the National Academies of Sciences, Engi-
neering, and Medicine that such spending be in 
an amount equal to four percent of the replace-
ment plant value, and, if not, the reasons for 
such noncompliance and a plan for how the Ad-
ministrator will ensure facilities of the nuclear
1168 
security enterprise are being properly sus-
tained.’’. 
(d) REQUIREMENTS RELATING TO CRITICAL DECI-
SIONS.— 
(1) IN GENERAL.—Subtitle A of title XLVII of 
the Atomic Energy Defense Act (50 U.S.C. 2741 et 
seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 4715. MATTERS RELATING TO CRITICAL DECISIONS. 
‘‘(a) POST-CRITICAL DECISION 2 CHANGES.—After 
the date on which a plant project specifically authorized 
by law achieves critical decision 2, the Administrator may 
not change the requirements for such project if such 
change increases the scope, schedule, or budget of such 
project unless— 
‘‘(1) the Administrator submits to the congres-
sional defense committees— 
‘‘(A) a certification that the Administrator, 
without delegation, authorizes such proposed 
change; and 
‘‘(B) a cost-benefit and risk analysis of 
such proposed change, including with respect 
to—
1169 
‘‘(i) the effects of such proposed 
change on the project cost and schedule; 
and 
‘‘(ii) any mission risks and operational 
risks from making such change or not 
making such change; and 
‘‘(2) a period of 15 days elapses following the 
date of such submission. 
‘‘(b) REVIEW AND APPROVAL.—The Administrator 
shall ensure that critical decision packages are timely re-
viewed and either approved or disapproved.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of such Act is amended by in-
serting after the item relating to section 4714 the 
following new item: 
‘‘Sec. 4715. Matters relating to critical decisions.’’. 
(e) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the nuclear security enterprise, comprised of 
the infrastructure and capabilities of the laboratories 
and plants coupled with the dedicated and talented 
scientists, engineers, technicians, and administrators 
who form the backbone of the enterprise, are a cen-
tral component of the nuclear deterrent of the 
United States;
1170 
(2) if left unaddressed, the state of the infra-
structure within the nuclear security enterprise rep-
resents a direct, long-term threat to the credibility 
of the nuclear deterrent of the United States; 
(3) both Congress and the President must take 
strong, sustained action to recapitalize and repair 
this infrastructure; 
(4) the Administrator must continue to carry 
out expeditious demolition of old facilities of the Ad-
ministration to reduce long-term costs and improve 
safety; and 
(5) each budget of the President submitted to 
Congress under section 1105(a) of title 31, United 
States Code, for fiscal year 2019 and each fiscal 
year thereafter during the life of the program estab-
lished pursuant to subsection (b)(1) should include 
funding in an amount sufficient to carry out the 
program to achieve the goal specified in such sub-
section. 
SEC. 3112. INCORPORATION OF INTEGRATED SURETY AR-
CHITECTURE IN TRANSPORTATION. 
(a) INCORPORATION.—Subtitle A of title XLII of the 
Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is 
amended by adding at the end the following new section:
1171 
‘‘SEC. 4222. INCORPORATION OF INTEGRATED SURETY AR-
CHITECTURE. 
‘‘(a) SHIPMENTS.—(1) The Administrator shall en-
sure that shipments described in paragraph (2) incor-
porate surety technologies relating to transportation and 
shipping developed by the Integrated Surety Architecture 
program of the Administration. 
‘‘(2) A shipment described in this paragraph is an 
over-the-road shipment of the Administration that involves 
any nuclear weapon planned to be in the active stockpile 
after 2025. 
‘‘(b) CERTAIN PROGRAMS.—(1) The Administrator, 
in coordination with the Chairman of the Nuclear Weap-
ons Council, shall ensure that each program described in 
paragraph (2) incorporate integrated designs compatible 
with the Integrated Surety Architecture program. 
‘‘(2) A program described in this subsection is a pro-
gram of the Administration that is a warhead development 
program, a life extension program, or a warhead major 
alteration program. 
‘‘(c) DETERMINATION.—(1) If, on a case-by-case 
basis, the Administrator determines that a shipment 
under subsection (a) will not incorporate some or all of 
the surety technologies described in such subsection, or 
that a program under subsection (b) will not incorporate 
some or all of the integrated designs described in such
1172 
subsection, the Administrator shall submit such deter-
mination to the congressional defense committees, includ-
ing the results of an analysis conducted pursuant to para-
graph (2). 
‘‘(2) Each determination made under paragraph (1) 
shall be based on a documented, system risk analysis that 
considers security risk reduction, operational impacts, and 
technical risk. 
‘‘(e) TERMINATION.—The requirements of sub-
sections (a) and (b) shall terminate on December 31, 
2029.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by inserting after the item relat-
ing to section 4221 the following new item: 
‘‘Sec. 4222. Incorporation of integrated surety architecture.’’. 
(c) IMPLEMENTATION
OF CERTAIN DIRECTION.— 
The Administrator shall implement the direction relating 
to this section contained in the classified annex accom-
panying this Act. 
SEC. 3113. COST ESTIMATES FOR LIFE EXTENSION PRO-
GRAM AND MAJOR ALTERATION PROJECTS. 
Subsection (b) of section 4217 of the Atomic Energy 
Defense Act (50 U.S.C. 2537(b)) is amended to read as 
follows: 
‘‘(b) INDEPENDENT COST ESTIMATES
AND RE-
VIEWS.—(1) The Secretary, acting through the Adminis-
1173 
trator, shall submit to the congressional defense commit-
tees and the Nuclear Weapons Council the following: 
‘‘(A) An independent cost estimate of the fol-
lowing: 
‘‘(i) Each nuclear weapon system under-
going life extension at the completion of phase 
6.2A, relating to design definition and cost 
study. 
‘‘(ii) Each nuclear weapon system under-
going life extension at the completion of phase 
6.3, relating to development engineering. 
‘‘(iii) Each nuclear weapon system under-
going life extension at the completion of phase 
6.4, relating to production engineering, and be-
fore the initiation of phase 6.5, relating to first 
production. 
‘‘(iv) Each new nuclear facility within the 
nuclear security enterprise that is estimated to 
cost more than $500,000,000 before such facil-
ity achieves critical decision 1 and before such 
facility achieves critical decision 2 in the acqui-
sition process. 
‘‘(v) Each nuclear weapons system under-
going a major alteration project (as defined in 
section 2753(a)(2) of this title).
1174 
‘‘(B) An independent cost review of each nu-
clear weapon system undergoing life extension at the 
completion of phase 6.2, relating to study of feasi-
bility and down-select. 
‘‘(2) Each independent cost estimate and independent 
cost review under paragraph (1) shall include— 
‘‘(A) whether the cost baseline or the budget es-
timate for the period covered by the future-years nu-
clear security program has changed, and the ration-
ale for any such change; and 
‘‘(B) any views of the Secretary or the Adminis-
trator regarding such estimate or review. 
‘‘(3) The Administrator shall review and consider the 
results of any independent cost estimate or independent 
cost review of a nuclear weapon system or a nuclear facil-
ity, as the case may be, under this subsection before enter-
ing the next phase of the development process of such sys-
tem or the acquisition process of such facility. 
‘‘(4) Each independent cost estimate or independent 
cost review of a nuclear weapon system or a nuclear facil-
ity, as the case may be, under this subsection shall be sub-
mitted not later than 30 days after the date on which— 
‘‘(A) such system completes a phase specified in 
paragraph (1); or
1175 
‘‘(B) such facility achieves critical decision 1 as 
specified in subparagraph (A)(iv) of such paragraph. 
‘‘(5) Each independent cost estimate or independent 
cost review submitted under this subsection shall be sub-
mitted in unclassified form, but may include a classified 
annex if necessary.’’. 
SEC. 3114. BUDGET REQUESTS AND CERTIFICATION RE-
GARDING NUCLEAR WEAPONS DISMANTLE-
MENT. 
Section 3125 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328) is amend-
ed— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) BUDGET REQUESTS.—The Administrator for 
Nuclear Security shall ensure that the budget of the Presi-
dent submitted to Congress under section 1105(a) of title 
31, United States Code, for each of fiscal years 2019 
through 2021 includes amounts for the nuclear weapons 
dismantlement and disposition activities of the National 
Nuclear Security Administration in accordance with the 
limitation in subsection (a).
1176 
‘‘(e) CERTIFICATION.—Not later than February 1, 
2018, the Administrator shall certify to the congressional 
defense committees that the Administrator is carrying out 
the nuclear weapons dismantlement and disposition activi-
ties of the Administration in accordance with the limita-
tions in subsections (a) and (b).’’. 
SEC. 3115. IMPROVED INFORMATION RELATING TO DE-
FENSE NUCLEAR NONPROLIFERATION RE-
SEARCH AND DEVELOPMENT PROGRAM. 
(a) IMPROVED INFORMATION.—Title XLIII of the 
Atomic Energy Defense Act (50 U.S.C. 2563 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 4310. INFORMATION RELATING TO DEFENSE NU-
CLEAR NONPROLIFERATION RESEARCH AND 
DEVELOPMENT PROGRAM AND ARMS CON-
TROL PROGRAM. 
‘‘(a) TECHNOLOGIES AND CAPABILITIES.—The Ad-
ministrator shall document, for efforts that are not fo-
cused on basic research, the technologies and capabilities 
of the defense nuclear nonproliferation research and devel-
opment program— 
‘‘(1) that are transitioned to end users for fur-
ther development or deployment; and 
‘‘(2) that are deployed.
1177 
‘‘(b) ASSESSMENTS OF STATUS.—(1) In assessing 
projects under the defense nuclear nonproliferation re-
search and development program or the defense nuclear 
nonproliferation and arms control program, the Adminis-
trator shall compare the status of each such project, in-
cluding with respect to the final results of such project, 
to the baseline targets and goals established in the initial 
project plan of such project. 
‘‘(2) The Administrator may carry out paragraph (1) 
using a common template or such other means as the Ad-
ministrator determines appropriate.’’. 
(b) INCLUSION IN PLAN.—Section 4309(b) of such 
Act (50 U.S.C. 2575(b)) is amended— 
(1) by redesignating paragraph (16) as para-
graph (18); and 
(2) by inserting after paragraph (15) the fol-
lowing new paragraphs: 
‘‘(16) A summary of the technologies and capa-
bilities documented under section 4310(a). 
‘‘(17) A summary of the assessments conducted 
under section 4310(b)(1).’’.
1178 
SEC. 3116. RESEARCH AND DEVELOPMENT OF ADVANCED 
NAVAL REACTOR FUEL BASED ON LOW-EN-
RICHED URANIUM. 
(a) PROHIBITION ON AVAILABILITY OF FUNDS FOR 
FISCAL YEAR 2018.— 
(1) RESEARCH AND DEVELOPMENT.—Except as 
provided by paragraph (2), none of the funds au-
thorized to be appropriated by this Act or otherwise 
made available for fiscal year 2018 for the Depart-
ment of Energy or the Department of Defense may 
be obligated or expended to plan or carry out re-
search and development of an advanced naval nu-
clear fuel system based on low-enriched uranium. 
(2) EXCEPTION.—Of the funds authorized to be 
appropriated by this Act or otherwise made available 
for fiscal year 2018 for defense nuclear nonprolifera-
tion, as specified in the funding table in division 
D— 
(A) $5,000,000 shall be made available to 
the Deputy Administrator for Naval Reactors of 
the National Nuclear Security Administration 
for low-enriched uranium activities (including 
downblending of high-enriched uranium fuel 
into low-enriched uranium fuel, research and 
development using low-enriched uranium fuel, 
or the modification or procurement of equip-
1179 
ment and infrastructure related to such activi-
ties) to develop an advanced naval nuclear fuel 
system based on low-enriched uranium; and 
(B) if the Secretary of Energy and the 
Secretary of the Navy determine under section 
3118(c)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1196) that such low-enriched 
uranium activities and research and develop-
ment 
should 
continue, 
an 
additional 
$30,000,000 may be made available to the Dep-
uty Administrator for such purpose. 
(b) PROHIBITION ON AVAILABILITY OF FUNDS RE-
GARDING CERTAIN ACCOUNTS AND PURPOSES.— 
(1) RESEARCH AND DEVELOPMENT AND PRO-
CUREMENT.—Chapter 633 of title 10, United States 
Code, is amended by adding at the end the following 
new section: 
‘‘§ 7319. Requirements for availability of funds relat-
ing to advanced naval nuclear fuel sys-
tems based on low-enriched uranium 
‘‘(a) AUTHORIZATION.—Low-enriched uranium ac-
tivities may only be carried out using funds authorized to 
be appropriated or otherwise made available for the De-
1180 
partment of Energy for atomic energy defense activities 
for defense nuclear nonproliferation. 
‘‘(b) 
PROHIBITION
REGARDING
CERTAIN
AC-
COUNTS.—(1) None of the funds described in paragraph 
(2) may be obligated or expended to carry out low-enriched 
uranium activities. 
‘‘(2) The funds described in this paragraph are funds 
authorized to be appropriated or otherwise made available 
for any fiscal year for any of the following accounts: 
‘‘(A) Shipbuilding and conversion, Navy, or any 
other account of the Department of Defense. 
‘‘(B) Any account within the atomic energy de-
fense activities of the Department of Energy other 
than defense nuclear nonproliferation, as specified in 
subsection (a). 
‘‘(3) The prohibition in paragraph (1) may not be su-
perseded except by a provision of law that specifically su-
persedes, repeals, or modifies this section. A provision of 
law, including a table incorporated into an Act, that ap-
propriates funds described in paragraph (2) for low-en-
riched uranium activities may not be treated as specifically 
superseding this section unless such provision specifically 
cites to this section.
1181 
‘‘(c) LOW-ENRICHED
URANIUM
ACTIVITIES
DE-
FINED.—In this section, the term ‘low-enriched uranium 
activities’ means the following: 
‘‘(1) Planning or carrying out research and de-
velopment of an advanced naval nuclear fuel system 
based on low-enriched uranium. 
‘‘(2) Procuring ships that use low-enriched ura-
nium in naval nuclear propulsion reactors.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘7319. Requirements for availability of funds relating to advanced naval nuclear 
fuel systems based on low-enriched uranium’’. 
(c) REPORTS.— 
(1) SSN(X) SUBMARINE.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of the Navy and the Deputy Administrator 
for Naval Reactors shall jointly submit to the Com-
mittees on Armed Services of the House of Rep-
resentatives and the Senate a report on the cost and 
timeline required to assess the feasibility, costs, and 
requirements for a design of the Virginia-class re-
placement nuclear attack submarine that would 
allow for the use of a low-enriched uranium fueled 
reactor, if technically feasible, without changing the 
diameter of the submarine.
1182 
(2) RESEARCH AND DEVELOPMENT.—Not later 
than 60 days after the date of the enactment of this 
Act, the Deputy Administrator for Naval Reactors 
shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate a 
report on— 
(A) the planned research and development 
activities on low-enriched uranium and highly 
enriched uranium fuel that could apply to the 
development of a low-enriched uranium fuel or 
an advanced highly enriched uranium fuel; and 
(B) with respect to such activities for each 
such fuel— 
(i) the costs associated with such ac-
tivities; and 
(ii) a detailed proposal for funding 
such activities. 
SEC. 3117. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
PROGRAMS IN RUSSIAN FEDERATION. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2018 for atomic energy defense activities 
may be obligated or expended to enter into a contract 
with, or otherwise provide assistance to, the Russian Fed-
eration.
1184 
(c) EXCEPTION.—The prohibition under subsection 
(a) and the requirements under subsection (b) to waive 
that prohibition shall not apply to an amount, not to ex-
ceed $3,000,000, that the Secretary may make available 
for the Department of Energy Russian Health Studies 
Program. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the 
House of Representatives. 
SEC. 3118. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION PAY AND PERFORMANCE SYSTEM. 
(a) PAY BANDING AND PERFORMANCE-BASED PAY 
ADJUSTMENT DEMONSTRATION PROJECT.— 
(1) EXTENSION.—The Administrator for Nu-
clear Security shall carry out the demonstration 
project until the date that is five years after the date 
of the enactment of this Act. The Administrator 
shall carry out such project in accordance with the 
demonstration project plan, including with respect to 
the authority of the Administrator to modify such
1185 
system pursuant to such plan and waiving certain 
authorities or requirements under such plan. 
(2) NAVAL NUCLEAR PROPULSION PROGRAM.— 
The Deputy Administrator for Naval Reactors may 
carry out the demonstration project with respect to 
the employees of the Naval Nuclear Propulsion Pro-
gram in positions in the competitive service. 
(3) ROTATIONS.—In carrying out the dem-
onstration project, the Administrator shall authorize, 
and establish incentives for, employees of the Na-
tional Nuclear Security Administration to have rota-
tional assignments among different programs of the 
Administration, the headquarters and field offices of 
the Administration, and the management and oper-
ating contractors of the Administration. 
(4) REQUIREMENTS FOR SENIOR-LEVEL POSI-
TIONS.—The Administrator shall establish require-
ments for employees of the Administration who are 
in the demonstration project to be promoted to sen-
ior-level positions in the Administration, including 
requirements with respect to— 
(A) professional training and continuing 
education; and
1186 
(B) a certain number and types of rota-
tional assignments under paragraph (3), as de-
termined by the Administrator. 
(5) DEFINITIONS.—In this subsection: 
(A) The term ‘‘demonstration project’’ 
means the National Nuclear Security Adminis-
tration Pay Banding and Performance-Based 
Pay Adjustment Demonstration Project that is 
carried out— 
(i) pursuant to section 4703 of title 5, 
United States Code; and 
(ii) in accordance with the demonstra-
tion project plan and this subsection. 
(B) The term ‘‘demonstration project 
plan’’ means the demonstration project plan 
published in the Federal Register on December 
21, 2007 (72 Fed. Reg. 72,776). 
(b) ROTATIONS FOR CERTAIN CONTRACTORS.— 
(1) INCREASED
USE.—The Administrator for 
Nuclear Security shall increase the use of rotational 
assignments of employees of the management and 
operating contractors of the National Nuclear Secu-
rity Administration to the headquarters of the Ad-
ministration, the Department of Defense and the 
military departments, the intelligence community,
1187 
and other departments and agencies of the Federal 
Government. 
(2) METHODS.—The Administrator shall carry 
out paragraph (1) by— 
(A) establishing incentives for— 
(i) the management and operating 
contractors of the Administration and the 
employees of such contractors to partici-
pate in rotational assignments; and 
(ii) the departments and agencies of 
the Federal Government specified in such 
paragraph to facilitate such assignments; 
(B) providing professional and leadership 
development opportunities during such assign-
ments; 
(C) using details and other applicable au-
thorities and programs, including the mobility 
program under subchapter VI of chapter 33 of 
title 5, United States Code (commonly referred 
to as the ‘‘Intergovernmental Personnel Act 
Mobility Program’’); and 
(D) taking such other actions as the Ad-
ministrator determines appropriate to increase 
the use of such rotational assignments. 
(c) RED-TEAM ANALYSIS.—
1188 
(1) ANALYSIS.—The Director for Cost Esti-
mating and Program Evaluation of the National Nu-
clear Security Administration shall carry out a red- 
team analysis of the Federal employee staffing 
structure of the Administration with respect to the 
Administrator for Nuclear Security meeting the au-
thorized personnel levels under section 3241A of the 
National Nuclear Security Administration Act (50 
U.S.C. 22441a). 
(2) MATTERS INCLUDED.—The analysis under 
paragraph (1) shall include assessments of— 
(A) the number of Federal employees with-
in each program of the Administration, and 
whether such numbers are appropriately bal-
anced with respect to the size, scope, functions, 
budgets, and risks, of the program; and 
(B) the number of Senior Executive Serv-
ice positions within the Administration, includ-
ing a comparison of such number to other com-
parable departments and agencies of the Fed-
eral Government, and whether such number is 
appropriate. 
(d) BRIEFINGS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act—
1189 
(A) the Administrator for Nuclear Security 
shall provide a briefing to the appropriate con-
gressional committees on the implementation 
of— 
(i) section 3248 of the National Nu-
clear Security Administration Act, as 
added by subsection (a); and 
(ii) subsection (b); and 
(B) the Director for Cost Estimating and 
Program Evaluation shall provide to such com-
mittees a briefing on the analysis under sub-
section (c). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committees on Armed Services of 
the House of Representatives and the Senate; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; and 
(D) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives.
1190 
SEC. 3119. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of Energy shall carry out construction and project 
support activities relating to the MOX facility using funds 
authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2018 for the National Nu-
clear Security Administration for the MOX facility for 
construction and project support activities. 
(b) WAIVER.—The Secretary of Energy may waive 
the requirement in subsection (a) if the Secretary submits 
to the Committees on Armed Services of the House of 
Representatives and the Senate the following: 
(1) The matters required by section 3116(b)(3) 
of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 130 Stat. 2761). 
(2) Notification that the Secretary has sought 
to enter into consultations with any relevant State 
necessary to pursue an alternative option for car-
rying out the plutonium disposition program. 
(3) Notification that the Secretary has been un-
able to enter into a fixed-price contract with the 
prime contractor of the MOX facility (for construc-
tion and project support activities under subsection 
(a)) that the Secretary determines sufficiently mini-
mizes risk and cost to the Department of Energy. 
(4) Certification that—
1191 
(A) an alternative option for carrying out 
the plutonium disposition program exists; 
(B) the total lifecycle cost of such alter-
native option would be less than approximately 
half of the estimated remaining total lifecycle 
cost of the mixed-oxide fuel program; and 
(C) pursuing such alternative option is in 
the best interest of the Federal Government. 
(5) The commitment of the Secretary to— 
(A) remove plutonium from South Caro-
lina; and 
(B) ensure a sustainable future for the Sa-
vannah River Site. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘MOX facility’’ means the mixed- 
oxide fuel fabrication facility at the Savannah River 
Site, Aiken, South Carolina. 
(2) The term ‘‘project support activities’’ means 
activities that support the design, long-lead equip-
ment procurement, and site preparation of the MOX 
facility. 
SEC. 3120. MODIFICATION OF MINOR CONSTRUCTION 
THRESHOLD FOR PLANT PROJECTS. 
Section 4701 of the Atomic Energy Defense Act (50 
U.S.C. 2741) is amended—
1192 
(1) by striking ‘‘In this subtitle:’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—In this subtitle:’’; 
(2) 
in 
paragraph 
(2), 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘$20,000,000, subject 
to adjustment under subsection (b)’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) 
ADJUSTMENT
OF
MINOR
CONSTRUCTION 
THRESHOLD FOR INFLATION.—(1) The Secretary of En-
ergy shall adjust the amount of the minor construction 
threshold on October 1, 2017, and at the beginning of 
each fiscal year thereafter, to reflect the percentage (if 
any) of the increase in the average of the Consumer Price 
Index for the preceding 12-month period compared to the 
Consumer Price Index for fiscal year 2016. 
‘‘(2) In adjusting the amount of the minor construc-
tion threshold under paragraph (1), the Secretary— 
‘‘(A) shall round the amount of any increase in 
the Consumer Price Index to the nearest dollar; and 
‘‘(B) may ignore any such increase of less than 
1 percent. 
‘‘(3) For purposes of this subsection, the term ‘Con-
sumer Price Index’ means the Consumer Price Index for
1193 
All Urban Consumers published by the Bureau of Labor 
Statistics of the Department of Labor.’’. 
SEC. 3121. DESIGN COMPETITION. 
(a) FINDINGS.—Congress finds the following: 
(1) In January 2016, the co-chairs of a con-
gressionally-mandated study panel from the National 
Academies of Science testified before the House 
Committee on Armed Services that: 
(A) ‘‘The National Nuclear Security Ad-
ministration (NNSA) complex must engage in 
robust design competitions in order to exercise 
the design and production skills that underpin 
stockpile stewardship and are necessary to meet 
evolving threats.’’ 
(B) ‘‘To exercise the full set of design 
skills necessary for an effective nuclear deter-
rent, the NNSA should develop and conduct the 
first in what the committee envisions to be a se-
ries of design competitions that integrate the 
full end-to-end process from novel design con-
ception through engineering, building, and non- 
nuclear testing of a prototype.’’ 
(2) In March 2016 testimony before the House 
Committee on Armed Services regarding a December 
2016 Defense Science Board (DSB) report titled,
1194 
‘‘Seven Defense Priorities for the New Administra-
tion’’, members of the DSB said: 
(A) ‘‘A key contributor to nuclear deter-
rence is the continuous, adaptable exercise of 
the development, design, and production func-
tions for nuclear weapons in both the DOD and 
DOE... Yet the DOE laboratories and DOD 
contractor community have done little inte-
grated design and development work outside of 
life extension for 25 years, let alone concept de-
velopment that could serve as a hedge to sur-
prise.’’ 
(B) ‘‘The Defense Science Board believes 
that the triad’s complementary features remain 
robust tenets for the design of a future force. 
Replacing our current, aging force is essential, 
but not sufficient in the more complex nuclear 
environment we now face to provide the adapt-
ability or flexibility to confidently hold at risk 
what adversaries value. In particular, if the 
threat evolves in ways that favorably change the 
cost/benefit calculus in the view of an adver-
sary’s leadership, then we should be in a posi-
tion to quickly restore a credible deterrence pos-
ture.’’
1195 
(3) In a memorandum dated May 9, 2014, 
then-Secretary of Energy Ernie Moniz said: 
(A) ‘‘If nuclear military capabilities are to 
provide deterrence for the nation they need to 
be relevant to the emerging global strategic en-
vironment. The current stockpile was designed 
to meet the needs of a bipolar world with roots 
in the Cold War era. A more complex, chaotic, 
and dynamic security environment is emerging. 
In order to uphold the Department’s mission to 
ensure an effective nuclear deterrent... we must 
ensure our nuclear capabilities meet the chal-
lenges of known and potential geopolitical and 
technological trends. Therefore we must look 
ahead, using the expertise of our laboratories, 
to how the capabilities that may be employed by 
other nations could impact deterrence over the 
next several decades.’’ 
(B) ‘‘We must challenge our thinking 
about our programs of record in order to permit 
foresighted actions that may reduce, in the 
coming decades, the chances for surprise and 
that buttress deterrence.’’ 
(b) DESIGN COMPETITION.—
1196 
(1) IN
GENERAL.—In accordance with para-
graph (2), the Administrator for Nuclear Security, 
in coordination with the Chairman of the Nuclear 
Weapons Council, shall carry out a new and com-
prehensive design competition for a nuclear warhead 
that could be employed on ballistic missiles of the 
United States by 2030. Such competition shall— 
(A) examine options for warhead design 
and related delivery system requirements in the 
2030s, including— 
(i) life extension of existing weapons; 
(ii) new capabilities; and 
(iii) such other concepts that the Ad-
ministrator and Chairman determine nec-
essary to fully exercise and create respon-
sive design capabilities in the enterprise 
and ensure a robust nuclear deterrent into 
the 2030s; 
(B) assess how the capabilities and de-
fenses that may be employed by other nations 
could impact deterrence in 2030 and beyond 
and how such threats could be addressed or 
mitigated in the warhead and related delivery 
systems;
1197 
(C) exercise the full set of design skills 
necessary for an effective nuclear deterrent and 
responsive enterprise through production of 
conceptual designs and, as the Administrator 
determines appropriate, production of non-nu-
clear prototypes of components or subsystems; 
and 
(D) examine and recommend actions for 
significantly shortening timelines and signifi-
cantly reducing costs associated with design, de-
velopment, certification, and production of the 
warhead, without reducing worker or public 
health and safety. 
(2) TIMING.—The Administrator shall— 
(A) during fiscal year 2018 develop a plan 
to carry out paragraph (1); and 
(B) during fiscal year 2019 implement 
such plan. 
(c) BRIEFING.—Not later than March 1, 2018, the 
Administrator, in coordination with the Chairman of the 
Nuclear Weapons Council, shall provide a briefing to the 
Committees on Armed Services of the Senate and House 
of Representatives on the plan of the Administrator to 
carry out the warhead design competition under sub-
section (b). Such briefing shall include an assessment of
1198 
the costs, benefits, risks, and opportunities of such plan, 
particularly impacts to ongoing life extension programs 
and infrastructure projects. 
SEC. 3122. DEPARTMENT OF ENERGY COUNTERINTEL-
LIGENCE POLYGRAPH PROGRAM. 
Section 4504(b) of the Atomic Energy Defense Act 
(50 U.S.C. 2654(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(4) The regulations prescribed under paragraph (1) 
shall ensure that the persons subject to the counterintel-
ligence polygraph program required by subsection (a) in-
clude any person who is— 
‘‘(A) a United States national who also has the 
nationality of a foreign state; and 
‘‘(B) seeking employment with the National 
Nuclear Security Administration.’’. 
SEC. 3123. SECURITY CLEARANCE FOR DUAL-NATIONALS 
EMPLOYED BY NATIONAL NUCLEAR SECU-
RITY AGENCY. 
(a) IN GENERAL.—The National Nuclear Security 
Administration Act (50 U.S.C. 2401 et seq.) is amended 
by inserting after section 3236 the following new section:
1199 
‘‘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 
Secretary of Energy under subsection (a) and who is ap-
pointed to or hired for a position designated by the Office 
of Personnel Management as critical sensitive or special 
sensitive, the Secretary shall provide additional review be-
fore approving a security clearance for such individual. 
‘‘(b) WAIVER.— 
‘‘(1) WAIVER
AUTHORITY.—In the case of a 
person who is a United States national who also has 
the nationality of a foreign state identified under 
paragraph (2), the Secretary may waive the require-
ment 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:
1200 
‘‘Sec. 3237. Security clearance for dual nationals of high threat foreign 
states.’’. 
SEC. 3124. ANNUAL REPORTS ON UNFUNDED PRIORITIES 
OF THE NATIONAL NUCLEAR SECURITY AD-
MINISTRATION. 
(a) ANNUAL REPORTS.—Not later than 10 days after 
the date on which the budget of the President for a fiscal 
year is submitted to Congress pursuant to section 1105 
of title 31, the Administrator for Nuclear Security shall 
submit to the Secretary of Energy and the congressional 
defense committees a report on the unfunded priorities of 
the National Nuclear Security Administration. 
(b) ELEMENTS.— 
(1) IN
GENERAL.—Each report under sub-
section (a) shall specify, for each unfunded priority 
covered by such report, the following: 
(A) A summary description of such pri-
ority, including the objectives to be achieved if 
such priority is funded (whether in whole or in 
part). 
(B) The additional amount of funds rec-
ommended in connection with the objectives 
under subparagraph (A). 
(C) Account information with respect to 
such priority.
1201 
(2) PRIORITIZATION OF PRIORITIES.—Each re-
port shall present the unfunded priorities covered by 
such report in order of urgency of priority. 
(c) UNFUNDED PRIORITY DEFINED.—In this section, 
the term ‘‘unfunded priority’’, in the case of a fiscal year, 
means a program, activity, or mission requirement that— 
(1) is not funded in the budget of the President 
for the fiscal year as submitted to Congress pursu-
ant to section 1105 of title 31; 
(2) is necessary to fulfill a requirement associ-
ated with the National Nuclear Security Administra-
tion; and 
(3) would have been recommended for funding 
through the budget referred to in paragraph (1) by 
the Administrator in connection with the budget if— 
(A) additional resources had been available 
for the budget to fund the program, activity, or 
mission requirement; or 
(B) the program, activity, or mission re-
quirement has emerged since the budget was 
formulated. 
SEC. 3125. PLUTONIUM CAPABILITIES. 
(a) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, the Administrator for Nu-
clear Security shall submit to the congressional defense
1202 
committees, the Secretary of Defense, and the Comptroller 
General of the United States a report on the recommended 
alternative endorsed by the Administrator for recapitaliza-
tion of plutonium science and production capabilities of 
the nuclear security enterprise. The report shall identify 
the recommended alternative endorsed by the Adminis-
trator and contain the analysis of alternatives, including 
costs, upon which the Administrator relied in making such 
endorsement. 
(b) CERTIFICATION.—Not later than 60 days after 
the date on which the Secretary of Defense receives the 
notification under subsection (a), the Chairman of the Nu-
clear Weapons Council shall submit to the congressional 
defense committees the written certification of the Chair-
man regarding whether the recommended alternative en-
dorsed by the Administrator— 
(1) is acceptable to the Secretary of Defense 
and the Nuclear Weapons Council and meets the re-
quirements of the Secretary for plutonium pit pro-
duction capacity and capability; 
(2) is likely to meet the pit production timelines 
and milestones required by section 4219 of the 
Atomic Energy Defense Act (50 U.S.C. 2538a);
1203 
(3) is likely to meet pit production timelines 
and requirements responsive to military require-
ments; 
(4) is cost effective and has reasonable near- 
term and lifecycle costs that are minimized, to the 
extent practicable, as compared to other alternatives, 
and has tested and documented the sensitivity of the 
cost estimates for each alternative to risks and 
changes in key assumptions; 
(5) contains minimized and manageable risks as 
compared to other alternatives; 
(6) can be acceptably reconciled with any dif-
ferences in the conclusions made by the Office of 
Cost Assessment and Program Evaluation of the 
Department of Defense in the business case analysis 
of plutonium pit production capability issued in 
2013; and 
(7) has documented the assumptions and con-
straints used in the analysis of alternatives. 
(c) FAILURE TO CERTIFY.—If the Chairman is un-
able to submit the certification under subsection (b), the 
Chairman shall submit to the congressional defense com-
mittees and the Administrator written notification describ-
ing why the Chairman is unable to make such certification 
and what steps the Administrator should take to improve
1204 
the plan of the Administrator to recapitalize plutonium pit 
production capacity and capability to enable certification. 
(d) ASSESSMENT.—Not later than 120 days after the 
date on which the Comptroller General receives the notifi-
cation under subsection (a), the Comptroller General shall 
provide to the congressional defense committees a briefing 
containing the assessment of the Comptroller General of 
the analysis of alternatives conducted by the Adminis-
trator to select a preferred alternative for recapitalizing 
plutonium science and production capabilities. 
SEC. 3126. PLAN FOR VERIFICATION, DETECTION, AND 
MONITORING OF NUCLEAR WEAPONS AND 
FISSILE MATERIAL. 
(a) FINDINGS AND SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) A January 2014 Defense Science 
Board report found that ‘‘The nuclear future 
will not be a linear extrapolation of the 
past. . . [and] [t]he technologies and processes 
designed for current treaty verification and in-
spections are inadequate to future monitoring 
realities’’. 
(B) Section 3133 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense 
Authorization Act for Fiscal Year 2015 (Public
1205 
Law 113–291) required an interagency plan for 
nuclear monitoring of nuclear weapons and 
fissile material, and section 3132 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328) required an 
update of such plan. In both instances, the re-
ports submitted failed to answer the congres-
sional requirements, and instead provided only 
a brief summary of the National Security Coun-
cil structure and processes. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that verification, detection, and monitoring 
of nuclear weapons and fissile material should be a 
priority for national security, and that the reports 
submitted to date do not reflect this priority, or the 
current and planned initiatives related to nuclear 
verification and detection. 
(b) PLAN.—The President, in consultation with the 
Secretary of State, the Secretary of Defense, the Secretary 
of Energy, the Secretary of Homeland Security, and the 
Director of National Intelligence, shall develop a plan for 
verification and monitoring relating to the potential pro-
liferation of nuclear weapons, components of such weap-
ons, and fissile material.
1206 
(c) ELEMENTS.—The plan developed under sub-
section (b) shall include the following: 
(1) A plan and road map for verification, detec-
tion and monitoring, with respect to policy, oper-
ations, and research, development, testing, and eval-
uation, including— 
(A) identifying requirements; 
(B) costs and funding requirements over 
10 years for such nuclear verification, detection 
and monitoring; and 
(C) identifying and integrating roles, re-
sponsibilities, and planning for such nuclear 
verification, detection and monitoring. 
(2) A detailed international engagement plan 
for building cooperation and transparency, including 
bilateral and multilateral efforts, to improve inspec-
tions, detection, and monitoring. 
(3) A detailed description of— 
(A) current and planned research and de-
velopment efforts to improve monitoring, detec-
tion, and in-field inspection and analysis capa-
bilities, including persistent surveillance, remote 
monitoring, and rapid analysis of large data 
sets, including open-source data; and
1207 
(B) measures to coordinate technical and 
operational requirements early in the process. 
(4) Engagement of relevant departments and 
agencies of the Federal Government and the military 
departments (including the Open Source Center and 
the United States Atomic Energy Detection Sys-
tem), national laboratories, industry, and academia. 
(d) DESIGNATION
OF DOE.—The President shall 
designate the Department of Energy as the lead agency 
for development of the plan under subsection (b). 
(e) BRIEFING.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Energy, act-
ing through the Administrator for Nuclear Security, shall 
provide to the appropriate congressional committees an in-
terim briefing on the plan under subsection (b). 
(f) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2018 for the Department of Defense for sup-
porting 
the 
Executive 
Office 
of 
the 
President, 
$10,000,000 may not be obligated or expended until the 
date on which the President submits to the appropriate 
congressional committees the plan under subsection 
(g)(1). 
(g) SUBMISSION.—
1208 
(1) DEADLINE.—Not later than April 15, 2018, 
the President shall submit to the appropriate con-
gressional committees the plan developed under sub-
section (b). 
(2) FORM.—The plan under subsection (b) shall 
be transmitted in unclassified form, but, consistent 
with the protection of intelligence sources and meth-
ods, may include a classified annex. 
(h) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on In-
telligence of the House of Representatives. 
(3) The Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the 
House of Representatives. 
(4) The Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Rep-
resentatives. 
(5) The Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on
1209 
Energy and Commerce of the House of Representa-
tives. 
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
1210 
(ii) by inserting after paragraph (6) 
the following new paragraph (7): 
‘‘(7) A summary of the status of the plan re-
garding the research and development, deployment, 
and lifecycle sustainment of technologies described 
in subsection (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 se-
curity enterprise, the methods used by the Ad-
ministration to establish priorities among in-
1211 
vestments in physical and cybersecurity tech-
nologies; and 
‘‘(C) a detailed description of how the 
funds identified for each program element spec-
ified pursuant to paragraph (1) in the budget 
for the Administration for each fiscal year dur-
ing that five-fiscal-year period will help carry 
out that plan.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
3253(b) of the National Nuclear Security Adminis-
tration 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 SE-
CURITY
REQUIREMENTS
FOR
UNENCUMBERED
URA-
NIUM.—Section 4221(a) of the Atomic Energy Defense 
Act (50 U.S.C. 2538c(a)) is amended by striking ‘‘Concur-
rent 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’’.
1212 
(f) DEFENSE NUCLEAR NONPROLIFERATION MAN-
AGEMENT PLAN.—Section 4309 of the Atomic Energy De-
fense 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) 
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 sub-
section (d); 
(3) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) UPDATED SUMMARY.—Not later than March 31 
of each even-numbered year, the Administrator shall sub-
mit to the congressional defense committees an updated 
summary of the plan submitted under subsection (a) dur-
ing 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’’.
1213 
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 
Nuclear Security shall seek to enter into a contract with 
a federally funded research and development center to con-
duct an assessment of the benefits, costs, challenges, risks, 
efficiency, and effectiveness of the strategy of the Admin-
istrator with respect to management and operating con-
tracts for national security laboratories. The Adminis-
trator may not award such contract to a federally funded 
research and development center for which the Depart-
ment of Energy or the National Nuclear Security Adminis-
tration is the primary sponsor. 
(b) COOPERATION.—The Administrator, and the di-
rector of each national security laboratory, shall provide 
to the federally funded research and development center 
conducting the assessment under subsection (a) the infor-
mation 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 assess-
1215 
(2) CONGRESS.—Not later than 30 days after 
the date on which the Administrator receives the re-
port under paragraph (1), the Administrator shall 
submit to the Committees on Armed Services of the 
House of Representatives and the Senate such re-
port, without change, together with any comments 
the Administrator determines appropriate. 
(3) LIMITATION.— 
(A) AWARD
OR
EXTENSION
OF
CON-
TRACT.—None of the funds authorized to be 
appropriated by this Act or otherwise made 
available for fiscal year 2018 for the National 
Nuclear Security Administration may be obli-
gated or expended to award, or to extend, a 
management and operating contract for a na-
tional security laboratory until the date on 
which the Administrator submits to the con-
gressional 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 
national security laboratory if the Secretary—
1216 
(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 Con-
gress that nothing in this section should be construed to 
mandate or encourage an extension of an existing manage-
ment and operating contract for a national security lab-
oratory. 
(e) NATIONAL SECURITY LABORATORY DEFINED.— 
In this section, the term ‘‘national security laboratory’’ 
has the 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 
conduct an evaluation of the feasibility, costs, and cost 
savings of classifying certain defense nuclear waste as 
other than high-level radioactive waste, without decreasing 
environmental, 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 
certain defense nuclear waste;
1217 
(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 or-
ders, 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. 
(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, regula-
tions, orders, or directives, relating to defense nu-
clear waste, as appropriate; 
(3) any recommendations for legislative action 
the Secretary determines appropriate; and
1218 
(4) the assessment of the Secretary regarding 
the benefits and risks of the actions and rec-
ommendations 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 Nat-
ural Resources of the Senate. 
(2) The term ‘‘certain defense nuclear waste’’ 
means radioactive waste that— 
(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 de-
fense committees a report containing the following:
1219 
(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 Stag-
ing Facility. 
(6) The expected improvements to operations 
and security provided by the Material Staging Facil-
ity, once operational, including the potential annual 
cost savings. 
(7) Such other matters as the Administrator 
considers appropriate. 
SEC. 3135. MODIFICATION TO STOCKPILE STEWARDSHIP, 
MANAGEMENT, AND RESPONSIVENESS PLAN. 
Section 4203 of the Atomic Energy Defense Act (50 
U.S.C. 2523), as amended by section 3131, is further 
amended—
1220 
(1) in subsection (c)— 
(A) by redesignating paragraph (8) as 
paragraph (9); and 
(B) by inserting after paragraph (7) the 
following new paragraph (8): 
‘‘(8) A summary of the assessment under sub-
section (d)(8) regarding the execution of the pro-
grams with current and projected budgets and any 
associated risks.’’; and 
(2) in subsection (d)— 
(A) by redesignating paragraph (8) as 
paragraph (9); and 
(B) by inserting after paragraph (7) the 
following new paragraph (8): 
‘‘(8) An assessment of whether the programs 
described by the report can be executed with current 
and projected budgets and any associated risks.’’. 
SEC. 3136. IMPROVED REPORTING FOR ANTI-SMUGGLING 
RADIATION DETECTION SYSTEMS. 
(a) ANNUAL REPORT.—Together with the submission 
to Congress of the budget of the President under section 
1105(a) of title 31, United States Code, for each of fiscal 
years 2019 through 2021, the Administrator for Nuclear 
Security shall submit to the congressional defense commit-
tees a report regarding any anti-smuggling radiation de-
1221 
tection systems that the Administrator proposes to deploy 
during the fiscal year covered by the budget. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include the following: 
(1) The probability of detection for the anti- 
smuggling radiation detection systems covered by 
the report against realistic potential smuggling 
threats, including shielded and unshielded uranium, 
plutonium, and other special nuclear material. 
(2) The costs associated with the deployments 
of such systems, including costs to the United States 
and costs to any host nation. 
(3) Options for technological advances that 
would make radiation detection less expensive or 
more effective. 
(4) The benefits to the national security of the 
United States resulting from the deployments of 
such systems. 
SEC. 3137. ANNUAL SELECTED ACQUISITION REPORTS ON 
CERTAIN HARDWARE RELATING TO DEFENSE 
NUCLEAR NONPROLIFERATION. 
(a) ANNUAL SELECTED ACQUISITION REPORTS.— 
(1) IN GENERAL.—At the end of each fiscal 
year, the Administrator for Nuclear Security shall 
submit to the congressional defense committees a re-
1222 
port on each covered hardware project. The reports 
shall be known as Selected Acquisition Reports for 
the covered hardware program concerned. 
(2) MATTERS
INCLUDED.—The information 
contained in the Selected Acquisition Report for a 
fiscal year for a covered hardware project shall be 
the information contained in the Selected Acquisition 
Report for such fiscal year for a major defense ac-
quisition program under section 2432 of title 10, 
United States Code, expressed in terms of the cov-
ered hardware project. 
(b) COVERED HARDWARE PROJECT DEFINED.—In 
this section, the term ‘‘covered hardware project’’ means 
projects carried out under the defense nuclear non-
proliferation research and development program that— 
(1) are focused on the production and deploy-
ment of hardware, including with respect to the de-
velopment and deployment of satellites or satellite 
payloads; and 
(2) exceed $500,000,000 in total program cost 
over the course of five years. 
SEC. 3138. ASSESSMENT OF DESIGN TRADE OPTIONS OF 
W80-4 WARHEAD. 
(a) ASSESSMENT.—The Director for Cost Estimating 
and Program Evaluation shall conduct an assessment of
1223 
the design trade options, and the associated cost and ben-
efit analyses for each such option, for the W80-4 warhead 
relating to the down-select options to be contained in the 
final Phase 6.2 study report. Such assessment shall in-
clude a review of the cost and schedule estimates of each 
such option. 
(b) ASSESSMENT AND BRIEFING.— 
(1) NNSA.—Not later than 60 days after the 
date of the enactment of this Act, the Director shall 
submit to the Administrator for Nuclear Security 
the assessment under subsection (a). 
(2) CONGRESS.—Not later than 90 days after 
the date of the enactment of this Act, the Adminis-
trator shall provide to the congressional defense 
committees a briefing containing a copy of the 
hassessment under subsection (a), without change, 
and any views of the Administrator. 
(3) FORM.—The assessment submitted under 
paragraph (2) shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 3139. SENSE OF CONGRESS REGARDING URANIUM 
MINING AND NUCLEAR TESTING. 
It is the sense of Congress that the United States 
should compensate and recognize all of the miners, work-
ers, downwinders, and others suffering from the effects
1224 
of uranium mining and nuclear testing carried out during 
the Cold War. 
SEC. 3140. PLAN TO FURTHER MINIMIZE THE USE OF HIGH-
LY ENRICHED URANIUM FOR MEDICAL ISO-
TOPES. 
(a) PLAN.—The Secretary of Energy, in consultation 
with the Secretary of State, shall develop and assess a 
plan, including with respect to the benefits, risks, costs, 
and opportunities of the plan, to— 
(1) take additional actions to promote the wider 
utilization of molybdenum-99 and technetium-99m 
produced without the use of highly enriched uranium 
targets, such as, at a minimum, by— 
(A) eliminating the availability of highly 
enriched uranium for Mo-99 by buying back 
U.S.-origin highly enriched uranium in raw or 
target form from global Mo-99 suppliers; and 
(B) restricting or placing financial pen-
alties on the import of Mo-99 produced with 
highly enriched uranium targets; 
(2) work with global molybdenum suppliers and 
regulators to reduce the proliferation hazard from 
reprocessing waste from medical isotope production 
containing U.S.-origin highly enriched uranium; and
1225 
(3) ensure an adequate supply of molybdenum- 
99 and technetium-99 at all times, and both assess 
and mitigate any risks to such supply during a tran-
sition to production without the use of highly en-
riched uranium. 
(b) SUBMISSION.— 
(1) IN
GENERAL.—Not later than April 1, 
2018, the Secretary of Energy shall submit to the 
appropriate congressional committees a report con-
taining the plan and assessment under subsection 
(a). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Affairs and 
the Committee on Energy and Commerce of the 
House of Representatives; and 
(C) the Committee on Foreign Relations 
and the Committee on Energy and Natural Re-
sources of the Senate.
1226 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2018, $30,600,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $4,900,000 for fis-
cal year 2018 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINIS-
TRATION. 
There are authorized to be appropriated to the De-
partment of Transportation for fiscal year 2018, to be
1236 
(I) by striking ‘‘this Act’’ and in-
serting ‘‘section 56309 or 56310, as 
applicable,’’; and 
(II) by striking ‘‘said section 
3709’’ and inserting ‘‘section 6101 of 
title 41’’; 
(iii) by striking ‘‘title VII of the Mer-
chant Marine Act, 1936’’ and inserting 
‘‘chapter 575’’; and 
(iv) by striking subsection (f). 
(d) DOCUMENTED DEFINED.—Chapter 563 of title 
46, United States Code, as amended by this section, is 
further amended by adding at the end the following: 
‘‘§ 56312. Documented defined 
‘‘In sections 56309 through 56311, the term ‘docu-
mented’ means, with respect to a vessel, that a certificate 
of documentation has been issued for the vessel under 
chapter 121.’’. 
(e) CLERICAL AMENDMENT.—The analysis for chap-
ter 563 of title 46, United States Code, as otherwise 
amended by this title, is further amended by adding at 
the end the following: 
‘‘56309. Emergency foreign vessel acquisition; purchase or requisition of vessels 
lying idle in United States waters 
‘‘56310. Voluntary purchase or charter agreements 
‘‘56311. Requisitioned vessels 
‘‘56312. Documented defined’’.
1237 
(f) REFERENCES.—Any reference in a law, regula-
tion, document, paper, or other record of the United 
States to a section that is redesignated and transferred 
by this section is deemed to refer to such section as so 
redesignated and transferred. 
SEC. 3505. ASSISTANCE FOR SMALL SHIPYARDS. 
(a) IN GENERAL.—Section 54101 of title 46, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘and 
maritime communities’’; 
(2) in subsection (a)(2), by striking ‘‘in commu-
nities’’ and all that follows through the period and 
inserting ‘‘relating to shipbuilding, ship repair, and 
associated industries.’’; 
(3) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) consider projects that foster— 
‘‘(A) efficiency, competitive operations, and 
quality ship construction, repair, and reconfig-
uration; and 
‘‘(B) employee skills and enhanced produc-
tivity related to shipbuilding, ship repair, and 
associated industries; and’’; 
(4) in subsection (c)(1)—