936 
(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 Federation. 
(b) WAIVER.—The Secretary of Energy, without dele-
gation, may waive the prohibition in subsection (a) only 
if— 
(1) the Secretary determines, in writing, that a 
nuclear-related threat arising in the Russian Federa-
tion 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 ap-
propriate congressional committees a report con-
taining— 
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(A) a notification that the waiver is in the 
national security interest of the United States; 
(B) justification for the waiver, including 
the determination under paragraph (1); and 
(C) a description of the activities to be car-
ried 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 may make available for the 
Department of Energy Russian Health Studies Program. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional 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. 
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SEC. 3118. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION PAY AND PERFORMANCE SYSTEM. 
(a) PAY BANDING AND PERFORMANCE-BASED PAY AD-
JUSTMENT DEMONSTRATION PROJECT.— 
(1) EXTENSION.—The Administrator for Nuclear 
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 system pursuant 
to such plan and waiving certain authorities or re-
quirements 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 demonstra-
tion project, the Administrator shall authorize, and 
establish incentives for, employees of the National Nu-
clear Security Administration to have rotational as-
signments among different programs of the Adminis-
tration, the headquarters and field offices of the Ad-
ministration, and the management and operating 
contractors of the Administration. 
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(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 senior- 
level positions in the Administration, including re-
quirements with respect to— 
(A) professional training and continuing 
education; and 
(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). 
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(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 op-
erating contractors of the National Nuclear Security 
Administration to the headquarters of the Adminis-
tration, the Department of Defense and the military 
departments, the intelligence community, 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 con-
tractors of the Administration and the em-
ployees of such contractors to participate 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 
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title 5, United States Code (commonly referred to 
as the ‘‘Intergovernmental Personnel Act Mobil-
ity Program’’); and 
(D) taking such other actions as the Admin-
istrator determines appropriate to increase the 
use of such rotational assignments. 
(c) RED-TEAM ANALYSIS.— 
(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 struc-
ture of the Administration with respect to the Admin-
istrator for Nuclear Security meeting the authorized 
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 within 
each program of the Administration, and wheth-
er such numbers are appropriately balanced with 
respect to the size, scope, functions, budgets, and 
risks, of the program; and 
(B) the number of Senior Executive Service 
positions within the Administration, including a 
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comparison of such number to other comparable 
departments and agencies of the Federal Govern-
ment, 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— 
(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 COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
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; 
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(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 Representatives. 
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 Nuclear Se-
curity 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 Rep-
resentatives 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 nec-
essary to pursue an alternative option for carrying 
out the plutonium disposition program. 
(3) Notification that the Secretary has been un-
able to enter into a fixed-price contract with the 
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prime contractor of the MOX facility (for construction 
and project support activities under subsection (a)) 
that the Secretary determines sufficiently minimizes 
risk and cost to the Department of Energy. 
(4) Certification that— 
(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 Carolina; 
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-
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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— 
(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 Energy 
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 pre-
ceding 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— 
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‘‘(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 
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 congres-
sionally-mandated study panel from the National 
Academies of Science testified before the House Com-
mittee 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 deterrent, the 
NNSA should develop and conduct the first in 
what the committee envisions to be a series of de-
sign competitions that integrate the full end-to- 
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