H. R. 4310—539 
‘‘(A) scientific and technical issues relating to policy mat-
ters; 
‘‘(B) operational concerns; 
‘‘(C) strategic planning; 
‘‘(D) the development of priorities relating to the mission 
and operations of the Administration and the nuclear security 
enterprise; and 
‘‘(E) such other matters as the Administrator determines 
appropriate. 
‘‘(2) The Council shall be composed of the directors of the 
national security laboratories and the nuclear weapons production 
facilities. 
‘‘(3) The Council may provide the Administrator or the Sec-
retary of Energy recommendations for improving the— 
‘‘(A) governance, management, effectiveness, and efficiency 
of the Administration; and 
‘‘(B) any other matter in accordance with paragraph (1). 
‘‘(4) Not later than 60 days after the date on which any rec-
ommendation under paragraph (3) is received, the Administrator 
or the Secretary, as the case may be, shall respond to the Council 
with respect to whether such recommendation will be implemented 
and the reasoning for implementing or not implementing such rec-
ommendation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by striking the item relating to section 
4102 and inserting the following new item: 
‘‘Sec. 4102. Management structure for nuclear security enterprise.’’. 
SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND METAL-
LURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL 
LABORATORY, NEW MEXICO. 
(a) PROJECT REQUIRED.— 
(1) IN GENERAL.—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: 
‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND METAL-
LURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL 
LABORATORY, NEW MEXICO. 
‘‘(a) REPLACEMENT
BUILDING
REQUIRED.—The Secretary of 
Energy shall construct at Los Alamos National Laboratory, New 
Mexico, a building to replace the functions of the existing Chemistry 
and Metallurgy Research Building at Los Alamos National Labora-
tory associated with Department of Energy Hazard Category 2 
special nuclear material operations. 
‘‘(b) LIMITATION ON COST.—The cost of the building constructed 
under subsection (a) may not exceed $3,700,000,000. If the Secretary 
determines the cost will exceed such amount, the Secretary shall 
submit a detailed justification for such increase to the congressional 
defense committees. 
‘‘(c) PROJECT BASIS.—The construction authorized by subsection 
(a) shall use as its basis the facility project in the Department 
of Energy Readiness and Technical Base designated 04–D–125 
(chemistry and metallurgy facility replacement project at Los 
Alamos National Laboratory). 
‘‘(d) ASSISTANCE.—(1) In carrying out this section, the Secretary 
shall procure the services of the Commander of the Naval Facilities
H. R. 4310—540 
Engineering Command to assist the Secretary with respect to the 
program management, oversight, and design activities of the project 
authorized by subsection (a). 
‘‘(2) The Secretary shall carry out this subsection using funds 
made available for the National Nuclear Security Administration. 
‘‘(e) DEADLINE
FOR
COMMENCEMENT
OF
OPERATIONS.—The 
building constructed under subsection (a) shall commence oper-
ations by not later than December 31, 2026.’’. 
(2) CLERICAL AND TECHNICAL AMENDMENT.—The table of 
contents at the beginning of such Act is amended by inserting 
after the item relating to section 4214, as added by section 
3131(g)(2), the following new item: 
‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building, 
Los Alamos National Laboratory, New Mexico.’’. 
(b) FUNDING.— 
(1) FISCAL YEAR 2013 FUNDS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), of the amounts authorized to be appropriated by this 
Act for fiscal year 2013 for the National Nuclear Security 
Administration, $70,000,000 shall be available for the 
construction of the building authorized by section 4215 
of the Atomic Energy Defense Act, as added by subsection 
(a). 
(B) EXCEPTION.—The following amounts authorized to 
be appropriated by this Act for fiscal year 2013 for the 
National Nuclear Security Administration shall not be 
available for the construction of the building: 
(i) Amounts available for Directed Stockpile Work. 
(ii) Amounts available for Naval Reactors. 
(iii) Amounts available for the facility project in 
the Department of Energy Readiness and Technical 
Base designated 06–D–141. 
(2) PRIOR FISCAL YEAR FUNDS.—Amounts authorized to be 
appropriated for the Department of Energy for a fiscal year 
before fiscal year 2013 and available for the facility project 
in the Department of Energy Readiness and Technical Base 
designated 04–D–125 (chemistry and metallurgy facility 
replacement project at Los Alamos National Laboratory, New 
Mexico) shall be available for the construction of the building 
authorized by section 4215 of the Atomic Energy Defense Act, 
as added by subsection (a). 
(c) LIMITATION
ON ALTERNATIVE PLUTONIUM STRATEGY.—No 
funds authorized to be appropriated by this Act or any other Act 
may be obligated or expended on any activities associated with 
a plutonium strategy for the National Nuclear Security Administra-
tion that does not include achieving full operational capability of 
the replacement project by December 31, 2026, as required by 
section 4215(e) of the Atomic Energy Defense Act, as added by 
subsection (a). 
(d) NAVAL REACTOR STUDY.— 
(1) IN
GENERAL.—The Deputy Administrator for Naval 
Reactors shall conduct a study of the replacement project, 
including an analysis of the cost, benefits, and risks with 
respect to nuclear safety. 
(2) SUBMISSION.—Not later than 18 months after the date 
of the enactment of this Act, the Deputy Administrator shall
H. R. 4310—541 
submit to the congressional defense committees a report on 
the study under paragraph (1), including recommendations of 
the Deputy Administrator with respect to the project structure, 
oversight model, and potential cost savings of the replacement 
project. 
(3) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 
the replacement project, the Secretary of Energy shall consider 
the recommendations made by the Deputy Administrator in 
the report under paragraph (2) and incorporate such rec-
ommendations into the project as the Secretary considers appro-
priate. 
(4) FUNDING.—The Secretary of Energy and the Deputy 
Administrator shall carry out this subsection using funds 
authorized to be appropriated by this Act or otherwise made 
available for the National Nuclear Security Administration that 
are not made available for the Naval Nuclear Propulsion Pro-
gram. 
(e) REPLACEMENT PROJECT DEFINED.—In this section, the term 
‘‘replacement project’’ means the replacement project for the Chem-
istry and Metallurgy Research Building authorized by section 4215 
of the Atomic Energy Defense Act, as added by subsection (a). 
SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS. 
(a) PROTOTYPES.—Subtitle A of title XLV of the Atomic Energy 
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS 
FOR INTELLIGENCE PURPOSES. 
‘‘(a) PROTOTYPES.—The Administrator shall develop and carry 
out a plan for the national security laboratories and nuclear 
weapons production facilities to design and build prototypes of 
nuclear weapons to further intelligence estimates with respect to 
foreign nuclear weapons activities. 
‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR YIELDS.—In car-
rying out subsection (a), the Administrator may not conduct any 
experiments that produce a nuclear yield.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to section 4508 the following new item: 
‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence pur-
poses.’’. 
SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION 
OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER 
SITE, AIKEN, SOUTH CAROLINA. 
Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 
2566) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (C), by striking ‘‘2012’’ and 
inserting ‘‘2014’’; and 
(B) in subparagraph (D), by striking ‘‘2017’’ and 
inserting ‘‘2019’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘by January 1, 2012’’; 
and 
(B) in paragraph (5), by striking ‘‘2012’’ and inserting 
‘‘2014’’;
H. R. 4310—542 
(3) in subsection (c)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘2012’’ and inserting ‘‘2014’’; 
(B) in paragraph (1), by striking ‘‘2014’’ and inserting 
‘‘2016’’; and 
(C) in paragraph (2), by striking ‘‘2020’’ each place 
it appears and inserting ‘‘2022’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘2014’’ and inserting ‘‘2016’’; and 
(ii) by striking ‘‘2019’’ and inserting ‘‘2021’’; and 
(B) in paragraph (2)(A), by striking ‘‘2020’’ each place 
it appears and inserting ‘‘2022’’; and 
(5) in subsection (e), by striking ‘‘2023’’ and inserting 
‘‘2025’’. 
SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUA-
TIONS BY THE NATIONAL NUCLEAR SECURITY ADMINIS-
TRATION LEADING TO AWARD FEES. 
(a) PUBLICATION REQUIRED.— 
(1) 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. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUA-
TIONS LEADING TO AWARD FEES. 
‘‘(a) IN GENERAL.—The Administrator shall take appropriate 
actions to make available to the public, to the maximum extent 
practicable, contractor performance evaluations conducted by the 
Administration of management and operating contractors of the 
nuclear security enterprise that results in the award of an award 
fee to the contractor concerned. 
‘‘(b) FORMAT.—Performance evaluations shall be made public 
under this section in a common format that facilitates comparisons 
of performance evaluations between and among similar manage-
ment and operating contracts.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of such Act is amended by inserting after the item 
relating to section 4803 the following new items: 
‘‘Sec. 4804. Notice-and-wait requirement applicable to certain third-party financing 
arrangements. 
‘‘Sec. 4805. Publication of contractor performance evaluations leading to award 
fees.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date of the enactment of this Act, 
and shall apply with respect to contractor performance evaluations 
conducted by the National Nuclear Security Administration on or 
after that date. 
SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPT-
ANCE 
OF 
CONTRIBUTIONS 
FOR 
ACCELERATION 
OF 
REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIO-
LOGICAL MATERIALS, AND RELATED EQUIPMENT AT 
VULNERABLE SITES WORLDWIDE. 
(a) PROGRAMS FOR WHICH FUNDS MAY BE ACCEPTED.—Para-
graph (2) of section 3132(f) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) 
is amended to read as follows: