H. R. 5515—663 
Subtitle C—Plans and Reports 
SEC. 3131. MODIFICATIONS TO COST-BENEFIT ANALYSES FOR COM-
PETITION 
OF 
MANAGEMENT 
AND 
OPERATING 
CON-
TRACTS. 
(a) IN GENERAL.—Subtitle A of title XLVIII of the Atomic 
Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 4807. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGE-
MENT AND OPERATING CONTRACTS. 
‘‘(a) BRIEFINGS ON REQUESTS FOR PROPOSALS.—Not later than 
7 days after issuing a request for proposals for a contract to manage 
and operate a facility of the Administration, the Administrator 
shall brief the congressional defense committees on the preliminary 
assessment of the Administrator of the costs and benefits of the 
competition for the contract, including a preliminary assessment 
of the matters described in subsection (c) with respect to the con-
tract. 
‘‘(b) REPORTS AFTER TRANSITION TO NEW CONTRACTS.—If the 
Administrator awards a new contract to manage and operate a 
facility of the Administration, the Administrator shall submit to 
the congressional defense committees a report that includes the 
matters described in subsection (c) with respect to the contract 
by not later than 30 days after the completion of the period required 
to transition to the contract. 
‘‘(c) MATTERS DESCRIBED.—The matters described in this sub-
section, with respect to a contract, are the following: 
‘‘(1) A clear and complete description of the cost savings 
the Administrator expects to result from the competition for 
the contract over the life of the contract, including associated 
analyses, assumptions, and information sources used to deter-
mine such expected cost savings. 
‘‘(2) A description of any key limitations or uncertainties 
that could affect such costs savings, including costs savings 
that are anticipated but not fully known. 
‘‘(3) The costs of the competition for the contract, including 
the immediate costs of conducting the competition, the costs 
of the transition to the contract from the previous contract, 
and any increased costs over the life of the contract. 
‘‘(4) A description of any disruptions or delays in mission 
activities or deliverables resulting from the competition for 
the contract. 
‘‘(5) A clear and complete description of the benefits 
expected by the Administrator with respect to mission perform-
ance or operations resulting from the competition. 
‘‘(6) How the competition for the contract complied with 
the Federal Acquisition Regulation regarding federally funded 
research and development centers, if applicable. 
‘‘(7) The factors considered and processes used by the 
Administrator to determine— 
‘‘(A) whether to compete or extend the previous con-
tract; and 
‘‘(B) which activities at the facility should be covered 
under the contract rather than under a different contract.
H. R. 5515—664 
‘‘(8) With respect to the matters included under paragraphs 
(1) through (7), a detailed description of the analyses conducted 
by the Administrator to reach the conclusions presented in 
the report, including any assumptions, limitations, and 
uncertainties relating to such conclusions. 
‘‘(9) Any other matters the Administrator considers appro-
priate. 
‘‘(d) INFORMATION QUALITY.—Each briefing required by sub-
section (a) and report required by subsection (b) shall be prepared 
in accordance with— 
‘‘(1) the information quality guidelines of the Department 
of Energy that are relevant to the clear and complete presen-
tation of the matters described in subsection (c); and 
‘‘(2) best practices of the Government Accountability Office 
and relevant industries for cost estimating, if appropriate. 
‘‘(e) REVIEW OF REPORTS BY COMPTROLLER GENERAL OF THE 
UNITED STATES.— 
‘‘(1) INITIAL
REVIEW.—The Comptroller General of the 
United States shall provide a briefing to the congressional 
defense committees that includes a review of each report 
required by subsection (b) not later than 180 days after the 
report is submitted to such committees. 
‘‘(2) COMPREHENSIVE REVIEW.— 
‘‘(A) DETERMINATION.—The Comptroller General shall 
determine, in consultation with the congressional defense 
committees, whether to conduct a comprehensive review 
of a report required by subsection (b). 
‘‘(B) SUBMISSION.—The Comptroller General shall 
submit a comprehensive review conducted under subpara-
graph (A) of a report required by subsection (b) to the 
congressional defense committees not later than 3 years 
after that report is submitted to such committees. 
‘‘(C) ELEMENTS.—A comprehensive review conducted 
under subparagraph (A) of a report required by subsection 
(b) shall include an assessment, based on the most current 
information available, of the following: 
‘‘(i) The actual cost savings achieved compared to 
cost savings estimated under subsection (c)(1), and any 
increased costs incurred under the contract that were 
unexpected or uncertain at the time the contract was 
awarded. 
‘‘(ii) Any disruptions or delays in mission activities 
or deliverables resulting from the competition for the 
contract compared to the disruptions and delays esti-
mated under subsection (c)(4). 
‘‘(iii) Whether expected benefits of the competition 
with respect to mission performance or operations have 
been achieved. 
‘‘(iv) Such other matters as the Comptroller Gen-
eral considers appropriate. 
‘‘(f) APPLICABILITY.— 
‘‘(1) IN GENERAL.—The requirements for briefings under 
subsection (a) and reports under subsection (b) shall apply 
with respect to requests for proposals issued or contracts 
awarded, as applicable, by the Administrator during fiscal years 
2019 through 2022.
H. R. 5515—665 
‘‘(2) NAVAL
REACTORS.—The requirements for briefings 
under subsection (a) and reports under subsection (b) shall 
not apply with respect to a management and operations contract 
for a Naval Reactor facility.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Defense Act is amended by inserting after the item 
relating to section 4806 the following new item: 
‘‘Sec. 4807. Cost-benefit analyses for competition of management and operating con-
tracts.’’. 
(c) 
TERMINATION
OF
SUPERSEDED
PROVISION.—Section 
3121(e)(1) of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 2175), as most recently 
amended by section 3135 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1207), 
is further amended by striking ‘‘2020’’ and inserting ‘‘2018’’. 
SEC. 3132. NUCLEAR FORENSICS ANALYSES. 
(a) INDEPENDENT ASSESSMENT.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of Energy, 
in consultation with the Secretary of Defense and the Secretary 
of Homeland Security, shall seek to enter into an agreement with 
the National Academy of Sciences for an independent assessment 
of nuclear forensic analyses conducted by the Federal Government. 
(b) ELEMENTS.—The assessment conducted by the National 
Academy of Sciences under subsection (a) shall, at minimum, 
include the following: 
(1) An assessment of a representative sample of nuclear 
forensic analyses from across the Federal departments and 
agencies, with particular emphasis on the validity, quality, 
value, cost effectiveness, gaps, and timeliness of such analyses. 
(2) An assessment of the methodologies used by nuclear 
forensics analyses from across the Federal departments and 
agencies, including the scientific rigor of such methodologies. 
(3) Recommendations for improving nuclear forensics anal-
yses conducted by the Federal Government, including any best 
practices or lessons learned that should be shared across the 
Federal departments and agencies. 
(c) SUBMISSION.—Not later than one year after the date of 
the enactment of this Act, the Secretary of Energy shall submit 
to the appropriate congressional committees a report containing 
the assessment of the National Academy of Sciences under sub-
section (a). 
(d) BRIEFING ON SENIOR-LEVEL INVOLVEMENT IN EXERCISES.— 
Not later than 90 days after the date of the enactment of this 
Act, the President shall provide to the appropriate congressional 
committees a briefing on the involvement of senior-level executive 
branch leadership in recent and planned nuclear terrorism 
preparedness or response exercises and any other exercises that 
have nuclear forensic analysis as a component of the exercises. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate.
H. R. 5515—666 
SEC. 3133. REVIEW OF DEFENSE ENVIRONMENTAL CLEANUP ACTIVI-
TIES. 
(a) IN GENERAL.—The Secretary of Energy shall enter into 
an arrangement with the National Academies of Sciences, 
Engineering, and Medicine to conduct a review of the defense 
environmental cleanup activities of the Office of Environmental 
Management of the Department of Energy. 
(b) ELEMENTS.—The review conducted under subsection (a) 
shall include— 
(1) an assessment of— 
(A) project management practices with respect to the 
activities described in subsection (a); 
(B) the outcomes of such activities; and 
(C) the appropriateness of the level of engagement 
and oversight of the Office of Environmental Management 
with respect to such activities; and 
(2) recommendations with respect to actions to enhance 
the effectiveness and efficiency of such activities. 
SEC. 3134. WHISTLEBLOWER PROTECTIONS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) raising nuclear safety concerns is important for avoiding 
potentially catastrophic incidents or harm to workers and the 
public; 
(2) the Department of Energy should protect whistleblowers 
and take action against contractors and subcontractors that 
retaliate against whistleblowers; 
(3) such action sends a strong signal to prevent or limit 
retaliation against whistleblowers; and 
(4) the Secretary of Energy, acting through the Adminis-
trator for Nuclear Security as appropriate, should impose civil 
penalties under section 234A of the Atomic Energy Act of 
1954 (42 U.S.C. 2282a) on contractors, subcontractors, and 
suppliers for violations of the rules, regulations, or orders of 
the Department of Energy relating to nuclear safety and radi-
ation protection. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary, in consultation 
with the Administrator, shall submit to the appropriate congres-
sional committees a report on how the Secretary would define 
a chilled work environment with respect to employees and 
contractors of the Department making a whistleblower com-
plaint under section 4602 of the Atomic Energy Defense Act 
(50 U.S.C. 2702) or any provision of other law that may provide 
protection for disclosures of information by such employees 
or contractors. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include— 
(A) a description of what constitutes evidence of a 
chilled work environment referred to in that paragraph; 
(B) a description of relevant regulations enacted by 
the Secretary to enforce section 4602 of the Atomic Energy 
Defense Act (50 U.S.C. 2702); and 
(C) an assessment of whether the Secretary has 
existing authority, or would need new authority, to enforce 
such section 4602 or any other relevant provision of law.