H. R. 5515—659 
(B) a detailed plan for designing and carrying out 
production of plutonium pits 31–80 at Los Alamos National 
Laboratory, in case the MOX facility is not operational 
and producing pits by 2030. 
(2) ASSESSMENT.—Not later than 120 days after the submis-
sion of the report required by paragraph (1), the Director for 
Cost Estimating and Program Evaluation of the National 
Nuclear Security Administration shall submit to the congres-
sional defense committees an assessment of that report, 
including an assessment of the effect of increased ARIES 
activity in support of the dilute and dispose program on the 
plutonium pit production mission. 
(d) BRIEFING.—Not later than March 1, 2019, the Chairman 
of the Nuclear Weapons Council and the Administrator shall jointly 
provide to the congressional defense committees a briefing detailing 
the implementation plan for the plutonium strategy of the National 
Nuclear Security Administration, including milestones, accountable 
personnel for such milestones, and mechanisms for ensuring trans-
parency into the progress of such strategy for the Department 
of Defense and the congressional defense committees. 
(e) ANNUAL CERTIFICATION.—Not later than April 1, 2019, and 
each year thereafter through 2025, the Chairman shall submit 
to the Secretary, the Administrator, and the congressional defense 
committees a written certification that the plutonium pit production 
plan of the National Nuclear Security Administration is on track 
to meet— 
(1) the military requirement of 80 pits per year by 2030, 
or such other military requirement as determined by the Sec-
retary; 
(2) the statutory requirements for pit production timelines 
under section 4219 of the Atomic Energy Defense Act (50 U.S.C. 
2538a); and 
(3) all milestones and deliverables described in the plans 
required by subsection (c)(1). 
(f) FAILURE TO CERTIFY.— 
(1) NWC NOTIFICATION.—If in any year the Chairman is 
unable to submit the certification under subsection (e), the 
Chairman shall submit to the congressional defense committees, 
the Secretary, and the Administrator written notification 
describing why the Chairman is unable to make such certifi-
cation. 
(2) NNSA RESPONSE.—Not later than 180 days after the 
date on which the Chairman makes a notification under para-
graph (1), the Administrator shall submit to the congressional 
defense committees, the Secretary, and the Chairman a report 
that— 
(A) addresses the reasons identified in the notification 
with respect to the failure to make the certification under 
subsection (e); and 
(B) includes presentation of either a concurrent backup 
plan or a recovery plan, and the associated implementation 
schedules for such plan. 
(g) DEFINITIONS.—In this section: 
(1) ARIES.—The term ‘‘ARIES’’ means the Advanced 
Recovery and Integrated Extraction System method, developed 
and piloted at Los Alamos National Laboratory, Los Alamos, 
New Mexico, for disassembling surplus defense plutonium pits
H. R. 5515—660 
and converting the plutonium from such pits into plutonium 
oxide. 
(2) DILUTE AND DISPOSE APPROACH.—The term ‘‘dilute and 
dispose approach’’ means a method of blending plutonium oxide 
made from surplus defense plutonium with an inert mixture, 
then packaging and indefinitely disposing of the combined 
material in a geologic repository. 
(3) MOX FACILITY.—The term ‘‘MOX facility’’ means the 
mixed-oxide fuel fabrication facility at the Savannah River 
Site, Aiken, South Carolina. 
SEC. 3121. PILOT PROGRAM ON CONDUCT BY DEPARTMENT OF 
ENERGY OF BACKGROUND REVIEWS FOR ACCESS BY CER-
TAIN INDIVIDUALS TO NATIONAL SECURITY LABORA-
TORIES. 
(a) IN GENERAL.—The Secretary of Energy shall establish a 
pilot program to assess the feasibility and advisability of conducting 
background reviews required by section 4502(a) of the Atomic 
Energy Defense Act (50 U.S.C. 2652(a)) within the Department 
of Energy. 
(b) REQUIREMENTS.—Under the pilot program established under 
subsection (a), the Secretary may admit an individual described 
in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 
2652(a)) to a facility of a national security laboratory described 
in that section if, in addition to the conduct of a background 
review under subsection (a) with respect to that individual— 
(1) the Secretary determines that the admission of that 
individual to that facility is in the national interest and will 
further science, technology, and engineering capabilities in sup-
port of the mission of the Department of Energy; and 
(2) a security plan is developed and implemented to miti-
gate the risks associated with the admission of that individual 
to that facility. 
(c) ROLES OF SECRETARY AND DIRECTOR OF NATIONAL INTEL-
LIGENCE AND DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.— 
(1) ROLE OF SECRETARY.—Under the pilot program under 
subsection (a), the Secretary shall conduct background reviews 
for all individuals described in section 4502(a) of the Atomic 
Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to 
facilities of national security laboratories described in that sec-
tion. Such reviews by the Secretary shall be conducted inde-
pendent of and in addition to background reviews conducted 
by the Director of National Intelligence and the Director of 
the Federal Bureau of Investigation under that section. 
(2) ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE AND 
DIRECTOR
OF
FEDERAL
BUREAU
OF
INVESTIGATION.—Notwith-
standing paragraph (1), during the period during which the 
pilot program established under subsection (a) is being carried 
out, the Director of National Intelligence and the Director of 
the Federal Bureau of Investigation shall retain primary 
responsibility for the conduct of all background reviews required 
by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 
2652(a)). 
(d) TERMINATION.—The pilot program established under sub-
section (a) shall terminate on the date that is two years after 
the date of the enactment of this Act.
H. R. 5515—661 
(e) REPORT REQUIRED.—Not later than 90 days after the date 
on which the pilot program established under subsection (a) termi-
nates under subsection (d), the Secretary of Energy, in consultation 
with the Director of National Intelligence and the Director of the 
Federal Bureau of Investigation, shall submit to the appropriate 
congressional committees a report on the conduct of background 
reviews under the pilot program that includes— 
(1) a comparison of the effectiveness of and timelines 
required for background reviews conducted by the Secretary 
under the pilot program and background reviews conducted 
by the Director of National Intelligence and the Director of 
the Federal Bureau of Investigation under section 4502(a) of 
the Atomic Energy Defense Act (50 U.S.C. 2652(a)); and 
(2) the number of such reviews conducted for individuals 
who are citizens or agents of each country on the sensitive 
countries list referred to in that section. 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives. 
(2) NATIONAL SECURITY LABORATORY.—The term ‘‘national 
security laboratory’’ has the meaning given that term in section 
4002 of the Atomic Energy Defense Act (50 U.S.C. 2501). 
SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS 
IN RUSSIAN FEDERATION. 
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2019 for atomic energy defense activities may be obligated or 
expended to enter into a contract with, or otherwise provide assist-
ance to, the Russian Federation. 
(b) WAIVER.—The Secretary of Energy, without delegation, may 
waive the prohibition in subsection (a) only if— 
(1) the Secretary determines, in writing, that a nuclear- 
related threat in the Russian Federation must be addressed 
urgently and it is necessary to waive the prohibition to address 
that threat; 
(2) the Secretary of State and the Secretary of Defense 
concur in the determination under paragraph (1); 
(3) the Secretary of Energy submits to the appropriate 
congressional committees a report containing— 
(A) a notification that the waiver is in the national 
security interest of the United States; 
(B) justification for the waiver, including the deter-
mination under paragraph (1); and 
(C) a description of the activities to be carried out 
pursuant to the waiver, including the expected cost and 
timeframe for such activities; and 
(4) a period of seven days elapses following the date on 
which the Secretary submits the report under paragraph (3). 
(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 exceed $3,000,000, that the Secretary
H. R. 5515—662 
may make available for the Department of Energy Russian Health 
Studies Program. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional 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 Rep-
resentatives. 
SEC. 3123. PROHIBITION ON AVAILABILITY OF FUNDS FOR RESEARCH 
AND DEVELOPMENT OF ADVANCED NAVAL NUCLEAR 
FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM. 
(a) PROHIBITION.—Except as provided by subsection (b), none 
of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2019 for the Department of Energy 
or the Department of Defense may be obligated or expended to 
plan or carry out research and development of an advanced naval 
nuclear fuel system based on low-enriched uranium. 
(b) EXCEPTION.—In accordance with section 7319 of title 10, 
United States Code, of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2019 for 
defense nuclear nonproliferation, as specified in the funding table 
in section 4701, $10,000,000 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 ura-
nium fuel, research and development using low-enriched uranium 
fuel, or the modification or procurement of equipment and infra-
structure related to such activities) to develop an advanced naval 
nuclear fuel system based on low-enriched uranium. 
SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO 
SUBMISSION OF ANNUAL REPORTS ON UNFUNDED PRIOR-
ITIES. 
Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 
2756) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) LIMITATION.—If the Administrator fails to submit to the 
congressional defense committees a report required by subsection 
(a) for any of fiscal years 2020 through 2024 that includes the 
matters specified in subsection (b)(1) for at least one unfunded 
priority by the deadline specified in subsection (a), not more than 
65 percent of the funds authorized to be appropriated or otherwise 
made available for the fiscal year in which such failure occurs 
for travel and transportation of persons under the Federal salaries 
and expenses account of the Administration may be obligated or 
expended until the date on which the Administrator submits such 
report.’’.