[Congressional Record Volume 163, Number 126 (Wednesday, July 26, 2017)]
[Senate]
[Page S4318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 324. Mr. HEINRICH (for himself and Mr. Udall) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title XXXI, add the following:

     SEC. 3116. PLUTONIUM CAPABILITIES.

       (a) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Administrator for Nuclear Security 
     shall submit to the congressional defense committees, the 
     Secretary of Defense, and the Director of Cost Assessment and 
     Program Evaluation of the Department of Defense a report on 
     the recommended alternative endorsed by the Administrator for 
     recapitalization of plutonium science and production 
     capabilities of the nuclear security enterprise. The report 
     shall identify the recommended alternative endorsed by the 
     Administrator and contain the analysis of alternatives, 
     including costs, upon which the Administrator relied in 
     making such endorsement.
       (b) Certification.--Not later than 60 days after the date 
     on which the Secretary of Defense receives the notification 
     under subsection (a), the Chairman of the Nuclear Weapons 
     Council shall submit to the congressional defense committees 
     the written certification of the Chairman regarding whether 
     the recommended alternative endorsed by the Administrator--
       (1) is acceptable to the Secretary of Defense and the 
     Nuclear Weapons Council and meets the requirements of the 
     Secretary for plutonium pit production capacity and 
     capability;
       (2) is likely to meet the pit production timelines and 
     milestones required by section 4219 of the Atomic Energy 
     Defense Act (50 U.S.C. 2538a);
       (3) is likely to meet pit production timelines and 
     requirements responsive to military requirements;
       (4) is cost effective and has reasonable near-term and 
     lifecycle costs that are minimized, to the extent 
     practicable, as compared to other alternatives, and has 
     tested and documented the sensitivity of the cost estimates 
     for each alternative to risks and changes in key assumptions;
       (5) contains minimized and manageable risks as compared to 
     other alternatives;
       (6) can be acceptably reconciled with any differences in 
     the conclusions made by the Office of Cost Assessment and 
     Program Evaluation of the Department of Defense in the 
     business case analysis of plutonium pit production capability 
     issued in 2013; and
       (7) has documented the assumptions and constraints used in 
     the analysis of alternatives.
       (c) Failure to Certify.--If the Chairman is unable to 
     submit the certification under subsection (b), the Chairman 
     shall submit to the congressional defense committees and the 
     Administrator written notification describing why the 
     Chairman is unable to make such certification.
       (d) Assessment.--Not later than 120 days after the date on 
     which the Director of Cost Assessment and Program Evaluation 
     receives the notification under subsection (a), the Director 
     shall provide to the congressional defense committees a 
     briefing containing the assessment of the Director of the 
     analysis of alternatives conducted by the Administrator to 
     select a preferred alternative for recapitalizing plutonium 
     science and production capabilities.
                                 ______