H. R. 1735—485 
and mission activities of the National Nuclear Security 
Administration; 
(2) competition of the management and operating contracts 
of the nuclear security enterprise is an important mechanism 
to help realize cost savings, seek efficiencies, improve perform-
ance, and hold contractors accountable; 
(3) when the Administrator for Nuclear Security considers 
it appropriate to achieve those goals, the Administrator should 
conduct competition of such contracts while recognizing the 
unique nature of federally funded research and development 
centers; and 
(4) the Administrator should ensure that fixed fees and 
performance-based fees contained in management and oper-
ating contracts are as low as possible to maintain a focus 
on national service while attracting high-quality contractors 
and achieving the goals of the competition. 
SEC. 3136. INTERAGENCY REVIEW OF APPLICATIONS FOR THE 
TRANSFER OF UNITED STATES CIVIL NUCLEAR TECH-
NOLOGY. 
(a) REPORT ON TRANSFERS TO COVERED FOREIGN COUNTRIES.— 
Not less frequently than every 90 days, the Secretary of Energy 
shall submit to the appropriate congressional committees a report 
that includes— 
(1) a description of the authorizations under section 57 
b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) to 
transfer United States civil nuclear technology to a covered 
foreign country during the preceding 90 days; and 
(2) a statement of whether any agency required to be 
consulted under that section or pursuant to regulation objected 
to or sought conditions on each such transfer. 
(b) DETERMINATION
OF TECHNOLOGIES
TO BE PROTECTED.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, and every five years thereafter, 
the Secretary of Energy shall— 
(A) in consultation with the Secretary of State, the 
Secretary of Commerce, the Secretary of Defense, the 
Director of National Intelligence, and the Nuclear Regu-
latory Commission, determine the critical United States 
civil nuclear technologies that should be protected from 
diversion to a military program of a covered foreign 
country, including with respect to a naval propulsion or 
weapons program; and 
(B) notify the appropriate congressional committees 
with respect to the determination and the technologies 
covered by the determination. 
(2) NOTIFICATION.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), not later than 14 days before making an authorization 
under section 57 b. of the Atomic Energy Act of 1954 
(42 U.S.C. 2077(b)) for the transfer of a technology covered 
by a determination under paragraph (1) to a covered foreign 
country, the Secretary of Energy shall submit to the appro-
priate congressional committees a report that includes— 
(i) a notification of the intention of the Secretary 
to make the authorization for the transfer of such 
technology; and
H. R. 1735—486 
(ii) a statement of whether any agency required 
to be consulted under such section 57 b. or pursuant 
to regulation objected to or sought conditions on the 
transfer. 
(B) WAIVER OF DEADLINE.—The Secretary may waive 
the requirement under subparagraph (A) to submit the 
report required by that subparagraph not later than 14 
days before making an authorization for the transfer of 
a technology covered by a determination under paragraph 
(1) to a covered foreign country if the Secretary— 
(i) determines that an imminent radiological 
hazard exists; and 
(ii) not later than 7 days after determining that 
such hazard exists, submits to the appropriate congres-
sional committees— 
(I) a certification that the hazard exists; 
(II) a justification for the waiver; and 
(III) the notification required by clause (i) of 
subparagraph (A) and the statement required by 
clause (ii) of that subparagraph. 
(c) CONSULTATIONS WITH INTELLIGENCE COMMUNITY.— 
(1) IN GENERAL.—The Secretary of Energy shall expedi-
tiously revise part 810 of title 10, Code of Federal Regulations, 
to ensure that the Director of National Intelligence— 
(A) is consulted with respect to the views of the intel-
ligence community (as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 3003(4))) with 
respect to each authorization issued under section 57 b. 
of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) for 
the transfer of United States civil nuclear technology to 
a covered foreign country before the determination to 
approve or disapprove the request for the authorization; 
and 
(B) is provided with an opportunity to present the 
views of the Director and the intelligence community on 
the national security risks of the transfer, if any. 
(2) SUBMISSION TO CONGRESS.—The Secretary of Energy, 
jointly with the Director of National Intelligence, shall include 
the results of consultations conducted under paragraph (1) in 
each report under subsection (a) and each notification under 
subsection (b)(2). 
(d) REPORT ON COMPLIANCE OF COVERED FOREIGN COUNTRIES 
AND END-USERS.—Not less frequently than annually, the Secretary 
of Energy shall submit to the appropriate congressional committees 
a report that includes— 
(1) an assessment of whether each covered foreign country 
is in compliance with its obligations under any authorization 
for the transfer of United States civil nuclear technology under 
section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2077(b)); 
(2) with respect to any covered foreign country that is 
not in compliance with such obligations— 
(A) a description the efforts of the United States to 
bring the country into compliance; 
(B) an evaluation of the result of such efforts; and 
(C) an assessment of the options available to the Sec-
retary as a result of the country not being in compliance;
H. R. 1735—487 
(3) an assessment of whether each end-user to which 
United States civil nuclear technology is transferred pursuant 
to an authorization under such section 57 b. is in compliance 
with the obligations of the end-user under that authorization; 
and 
(4) a description of any consequences for the end-user or 
the exporter of the technology if the end-user is not in compli-
ance with such obligations. 
(e) REPORT ON TRANSFERS TO ALL FOREIGN COUNTRIES.— 
(1) IN GENERAL.—Concurrent with the submission to Con-
gress of the budget of the President for a fiscal year under 
section 1105(a) of title 31, United States Code, the Secretary 
of Energy shall submit to the appropriate congressional commit-
tees a report on the activities of the Department of Energy 
associated with the review of applications for authorization 
under section 57 b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2077(b)) to transfer United States civil nuclear tech-
nology to any foreign country. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include— 
(A) the number of applications for authorization under 
section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2077(b)) to transfer United States civil nuclear technology 
to a foreign country submitted during the year preceding 
the submission of the report; 
(B) the length of time each such application was under 
review; 
(C) the number of such applications that were granted; 
and 
(D) a description of efforts to streamline the review 
of such applications, taking into account the proliferation 
and diversion potential of end-users in the country to which 
United States civil nuclear technology would be transferred 
pursuant to such applications. 
(f) NOTIFICATIONS OF POTENTIAL DIVERSIONS.—The Director of 
National Intelligence shall notify the Department of Energy and 
the appropriate congressional committees not later than 30 days 
after the date on which the Director determines that there is 
credible intelligence that United States civil nuclear technology 
is being or has been diverted— 
(1) to a military program in a foreign country to which 
the transfer of the technology was authorized under section 
57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)); 
or 
(2) to a foreign country to which the transfer of the tech-
nology was not so authorized. 
(g) GUIDELINES.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Energy shall issue 
guidance with respect to the use of the clear and intended authority 
of the Secretary under section 234 of the Atomic Energy Act of 
1954 (42 U.S.C. 2282) to impose civil penalties, including fines 
and debarment, and to make referrals to the Attorney General 
for prosecution, for violations of the terms of authorizations for 
the transfer of United States civil nuclear technology issued under 
section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)). 
(h) REPORT ON TRANSFER OF SENSITIVE ITEMS.—
H. R. 1735—488 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter, the 
President shall submit to the appropriate congressional commit-
tees a report— 
(A) describing the efforts of covered foreign countries 
to prevent the transfer of sensitive items, including efforts 
to improve the prevention of the transfer of such items; 
and 
(B) assessing the adequacy of such efforts. 
(2) SENSITIVE ITEMS DEFINED.—In this subsection, the term 
‘‘sensitive items’’ means goods, services, and technologies 
described in section 2(a) of the Iran, North Korea, and Syria 
Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 
note). 
(i) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Energy and Natural Resources, 
the Committee on Foreign Relations, and the Select Com-
mittee on Intelligence of the Senate; and 
(C) the Committee on Energy and Commerce, the Com-
mittee on Foreign Affairs, and the Permanent Select Com-
mittee on Intelligence of the House of Representatives. 
(2) COVERED FOREIGN COUNTRY.—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 Washington, 
London, and Moscow July 1, 1968, but does not include the 
United States, the United Kingdom, or France. 
SEC. 3137. GOVERNANCE AND MANAGEMENT OF NUCLEAR SECURITY 
ENTERPRISE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) correcting the longstanding problems with the govern-
ance and management of the nuclear security enterprise will 
require robust, personal, and long-term engagement by the 
President, the Secretary of Energy, the Administrator for 
Nuclear Security, and leaders from the appropriate congres-
sional committees; 
(2) recent and past studies of the governance and manage-
ment of the nuclear security enterprise have provided a list 
of reasonable, practical, and actionable steps that the Secretary 
and the Administrator should take to make the nuclear security 
enterprise more efficient and more effective; and 
(3) lasting and effective change to the nuclear security 
enterprise will require personal engagement by senior leaders, 
a clear plan, and mechanisms for ensuring follow-through and 
accountability. 
(b) IMPLEMENTATION PLAN.— 
(1) IMPLEMENTATION ACTION TEAM.—(A) The Secretary and 
the Administrator shall jointly establish a team of senior offi-
cials from the Department of Energy and the National Nuclear 
Security 
Administration 
to 
develop 
and 
carry 
out 
an 
implementation plan to reform the governance and manage-
ment of the nuclear security enterprise to improve the effective-
ness and efficiency of the nuclear security enterprise. Such
H. R. 1735—489 
plan shall be developed and implemented in accordance with 
the National Nuclear Security Administration Act (50 U.S.C. 
2401 et seq.), the Atomic Energy Defense Act (50 U.S.C. 2501 
et seq.), and any other provision of law. 
(B) The team established under paragraph (1) shall be 
co-chaired by the Deputy Secretary of Energy and the Adminis-
trator. 
(C) In developing and carrying out the implementation 
plan, the team shall consult with the implementation assess-
ment panel established under subsection (c)(1). 
(2) ELEMENTS.—The implementation plan developed under 
paragraph (1)(A) shall address all recommendations contained 
in the covered study (except such recommendations that require 
legislative action to carry out) by identifying specific actions, 
milestones, timelines, and responsible personnel to implement 
such plan. 
(3) SUBMISSION.—Not later than March 31, 2016, the Sec-
retary and the Administrator shall jointly submit to the appro-
priate congressional committees the implementation plan devel-
oped under paragraph (1)(A). 
(c) IMPLEMENTATION ASSESSMENT PANEL.— 
(1) AGREEMENT.—Not later than 60 days after the date 
of the enactment of this Act, the Administrator shall seek 
to enter into a joint agreement with the National Academy 
of Sciences and the National Academy of Public Administration 
to establish a panel of external, independent experts to evaluate 
the implementation plan developed under subsection (b)(1)(A) 
and the implementation of such plan. 
(2) DUTIES.—The panel established under paragraph (1) 
shall— 
(A) provide guidance to the Secretary and the Adminis-
trator with respect to the implementation plan developed 
under subsection (b)(1)(A), including how such plan com-
pares or contrasts with the covered study; 
(B) track the implementation of such plan; and 
(C) assess the effectiveness of such plan. 
(3) REPORTS.—(A) Not later than July 1, 2016, the panel 
established under paragraph (1) shall submit to the appropriate 
congressional committees, the Secretary, and the Administrator 
an initial assessment of the implementation plan developed 
under subsection (b)(1)(A), including with respect to the 
completeness of the plan, how the plan aligns with the intent 
and recommendations made by the covered study, and the 
prospects for success for the plan. 
(B) Beginning February 28, 2017, and semiannually there-
after through 2020, the panel established under paragraph 
(1) shall brief the appropriate congressional committees, the 
Secretary, and the Administrator on the efforts of the Secretary 
and the Administrator to implement the implementation plan 
developed under subsection (b)(1)(A). 
(C) Not later than September 30, 2020, the panel estab-
lished under paragraph (1) shall submit to the appropriate 
congressional committees, the Secretary, and the Administrator 
a final report on the efforts of the Secretary and the Adminis-
trator to implement the implementation plan developed under
H. R. 1735—490 
subsection (b)(1)(A), including an assessment of the effective-
ness of the reform efforts under such plan and whether further 
action is needed. 
(4) COOPERATION.—The Secretary and the Administrator 
shall provide to the panel established under paragraph (1) 
full and timely access to all information, personnel, and systems 
of the Department of Energy and the National Nuclear Security 
Administration that the panel determines necessary to carry 
out this subsection. 
(d) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Energy and Nat-
ural Resources of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Energy and Com-
merce of the House of Representatives. 
(2) COVERED STUDY.—The term ‘‘covered study’’ means the 
following: 
(A) The final report of the Congressional Advisory 
Panel on the Governance of the Nuclear Security Enterprise 
established by section 3166 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112– 
239; 126 Stat. 2208). 
(B) Any other study not conducted by the Secretary 
or the Administrator that the Secretary determines appro-
priate for purposes of this section. 
(3) NUCLEAR
SECURITY
ENTERPRISE.—The term ‘‘nuclear 
security enterprise’’ has the meaning given that term in section 
4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6)). 
(e) RULES OF CONSTRUCTION.—Nothing in this section shall 
be construed to authorize any action— 
(1) in contravention of section 3220 of the National Nuclear 
Security Administration Act (50 U.S.C. 2410); or 
(2) that would undermine or weaken health, safety, or 
security. 
SEC. 3138. ANNUAL REPORT ON NUMBER OF FULL-TIME EQUIVALENT 
EMPLOYEES AND CONTRACTOR EMPLOYEES. 
Section 3241A of the National Nuclear Security Administration 
Act (50 U.S.C. 2441a) is amended by adding at the end the following 
new subsection: 
‘‘(f) ANNUAL REPORT.—The Administrator shall include in the 
budget justification materials submitted to Congress in support 
of the budget of the Administration for each fiscal year (as sub-
mitted with the budget of the President under section 1105(a) 
of title 31, United States Code) a report containing the following 
information as of the date of the report: 
‘‘(1) The number of full-time equivalent employees of the 
Office of the Administrator, as counted under subsection (a). 
‘‘(2) The number of service support contracts of the 
Administration and whether such contracts are funded using 
program or program direction funds. 
‘‘(3) The number of full-time equivalent contractor 
employees working under each contract identified under para-
graph (2).
H. R. 1735—491 
‘‘(4) The number of full-time equivalent contractor 
employees described in paragraph (3) that have been employed 
under such a contract for a period greater than two years.’’. 
SEC. 3139. DEVELOPMENT OF STRATEGY ON RISKS TO NONPROLIFERA-
TION CAUSED BY ADDITIVE MANUFACTURING. 
(a) STRATEGY.—The President shall develop and pursue a 
strategy to address the risks to the goals and policies of the United 
States regarding nuclear nonproliferation that are caused by the 
increased use of additive manufacture technology (commonly 
referred to as ‘‘3D printing’’), including such technology that does 
not originate in the United States. 
(b) BRIEFINGS.—Not later than March 31, 2016, and the end 
of each 120-day period thereafter through January 1, 2019, the 
President shall provide to the appropriate congressional committees 
a briefing on the strategy developed under subsection (a). 
(c) PURSUIT
OF STRATEGY.—The President shall pursue the 
strategy developed under subsection (a) at the Nuclear Security 
Summit in Chicago, Illinois, in 2016. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate. 
(3) The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate. 
SEC. 3140. PLUTONIUM PIT PRODUCTION CAPACITY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the requirement to create a modern, responsive nuclear 
infrastructure that includes the capability and capacity to 
produce, at minimum, 50 to 80 pits per year, is a national 
security priority; 
(2) delaying creation of a modern, responsive nuclear infra-
structure until the 2030s is an unacceptable risk to the nuclear 
deterrent and the national security of the United States; and 
(3) timelines for creating certain capacities for production 
of plutonium pits and other nuclear weapons components must 
be driven by the requirement to hedge against technical and 
geopolitical risk and not solely by the needs of life extension 
programs. 
(b) BRIEFING.— 
(1) IN GENERAL.—Not later than March 1, 2016, the Chair-
man of the Nuclear Weapons Council established under section 
179 of title 10, United States Code, in consultation with the 
Administrator for Nuclear Security and the Commander of 
the United States Strategic Command, shall provide to the 
congressional defense committees a briefing on the annual 
plutonium pit production capacity of the nuclear security enter-
prise (as defined in section 4002(6) of the Atomic Energy 
Defense Act (50 U.S.C. 2501(6))). 
(2) ELEMENTS.—The briefing under paragraph (1) shall 
describe the following:
H. R. 1735—492 
(A) The pit production capacity requirement, including 
the numbers of pits produced that are needed for nuclear 
weapons life extension programs. 
(B) The annual pit production requirement, including 
the numbers of pits produced, to support a responsive 
nuclear weapons infrastructure to hedge against technical 
and geopolitical risk. 
SEC. 3141. ASSESSMENTS ON NUCLEAR PROLIFERATION RISKS AND 
NUCLEAR NONPROLIFERATION OPPORTUNITIES. 
(a) REPORTS.—Not later than March 1, 2016, and each year 
thereafter through 2020, the Director of National Intelligence shall 
submit to the appropriate congressional committees a report, con-
sistent with the provision of classified information and intelligence 
sources and methods, containing— 
(1) an assessment and prioritization of international 
nuclear 
proliferation 
risks 
and 
nuclear 
nonproliferation 
opportunities; and 
(2) an assessment of the effectiveness of various means 
and programs for addressing such risks and opportunities. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; 
(2) the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of the 
Senate; and 
(3) the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate. 
SEC. 3142. ANALYSIS OF ALTERNATIVES FOR MOBILE GUARDIAN 
TRANSPORTER PROGRAM. 
(a) SUBMISSION OF ANALYSIS OF ALTERNATIVES.—Not later than 
60 days after the date of the enactment of this Act, the Adminis-
trator for Nuclear Security shall submit to the congressional defense 
committees a report containing a full and comprehensive analysis 
of alternatives conducted by the Administrator for the Mobile 
Guardian Transporter program. 
(b) IDENTIFICATION IN BUDGET MATERIALS.—The Secretary of 
Energy shall include in the budget justification materials submitted 
to Congress in support of the Department of Energy budget (as 
submitted with the budget of the President under section 1105(a) 
of title 31, United States Code) for any fiscal year in which the 
Mobile Guardian Transporter program is carried out a separate, 
dedicated program element for such program. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Administration of Defense Nuclear Facilities Safety Board. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2016, 
$29,150,000 for the operation of the Defense Nuclear Facilities
H. R. 1735—493 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
SEC. 3202. ADMINISTRATION OF DEFENSE NUCLEAR FACILITIES 
SAFETY BOARD. 
(a) PROVISION OF INFORMATION TO BOARD MEMBERS.—Section 
311(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2286(c)) is 
amended— 
(1) in paragraph (2), in the matter preceding subparagraph 
(A), by striking ‘‘paragraph (5)’’ and inserting ‘‘paragraphs (5), 
(6), and (7)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(6) In carrying out paragraph (5)(B), the Chairman may not 
withhold from any member of the Board any information that 
is made available to the Chairman regarding the Board’s functions, 
powers, and mission (including with respect to the management 
and evaluation of employees of the Board).’’. 
(b) SENIOR EMPLOYEES.— 
(1) APPOINTMENT AND REMOVAL.— Such section 311(c), as 
amended by subsection (a), is further amended by adding at 
the end the following new paragraph: 
‘‘(7)(A) The Chairman, subject to the approval of the Board, 
shall appoint the senior employees described in subparagraph (C). 
‘‘(B) The Chairman, subject to the approval of the Board, may 
remove a senior employee described in subparagraph (C). 
‘‘(C) The senior employees described in this subparagraph are 
the following senior employees of the Board: 
‘‘(i) The senior employee responsible for budgetary and 
general administration matters. 
‘‘(ii) The general counsel. 
‘‘(iii) The senior employee responsible for technical mat-
ters.’’. 
(2) CONFORMING AMENDMENT.—Section 313(b)(1)(A) of such 
Act (42 U.S.C. 2286b(b)(1)) is amended by striking ‘‘hire’’ and 
inserting ‘‘in accordance with section 311(c)(7), hire’’. 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $17,500,000 for fiscal year 2016 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 subsection (a) shall remain 
available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of the Maritime Administration. 
Sec. 3502. Sense of Congress regarding Maritime Security Fleet program.