H. R. 4310—572 
(2) MATTERS TO BE ADDRESSED.—The report shall describe 
and analyze— 
(A) the location of the abandoned uranium mines 
described in paragraph (1) on Federal, State, tribal, and 
private land, taking into account any existing inventories 
undertaken by Federal agencies, States, and Indian tribes, 
and any additional information available to the Secretary; 
(B) the extent to which the abandoned uranium 
mines— 
(i) pose, or may pose, a significant radiation hazard 
or other significant threat to public health and safety; 
and 
(ii) have caused, or may cause, significant water 
quality degradation or other environmental degrada-
tion; 
(C) a ranking of priority by category for the remediation 
and reclamation of the abandoned uranium mines; 
(D) the potential cost and feasibility of remediating 
and reclaiming, in accordance with applicable Federal law, 
each category of abandoned uranium mines; and 
(E) the status of any efforts to remediate and reclaim 
abandoned uranium mines. 
(b) CONSULTATION.—In preparing the report under subsection 
(a), the Secretary shall consult with any other relevant Federal 
agencies, affected States and Indian tribes, and interested members 
of the public. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees the report under sub-
section (a)(1). 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committees on Armed Services of the Senate 
and the House of Representatives; and 
(B) the Committee on Energy and Natural Resources 
of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and the Committee on 
Natural Resources of the House of Representatives. 
(d) CONSTRUCTION.—Nothing in this section may be construed 
to affect any responsibility or liability of the Federal Government, 
a State, an Indian tribe, or a person with respect to the remediation 
of an abandoned uranium mine. 
Subtitle E—Other Matters 
SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE 
NUCLEAR SAFETY. 
(a) IN GENERAL.—Subtitle C of title XLVI of the Atomic Energy 
Defense Act (50 U.S.C. 2731 et seq.) is amended by adding at 
the end the following new section:
H. R. 4310—573 
‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE 
NUCLEAR SAFETY OF FACILITIES OF THE ADMINISTRA-
TION AND THE OFFICE OF ENVIRONMENTAL MANAGE-
MENT. 
‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILITIES.—The 
Administrator and the Secretary of Energy shall ensure that the 
methods for assessing, certifying, and overseeing nuclear safety 
at the facilities specified in subsection (c) use national and inter-
national standards and nuclear industry best practices, including 
probabilistic or quantitative risk assessment if sufficient data exist. 
‘‘(b) ADEQUATE PROTECTION.—The use of probabilistic or quan-
titative risk assessment under subsection (a) shall be to support, 
rather than replace, the requirement under section 182 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2232) that the utilization 
or production of special nuclear material will be in accordance 
with the common defense and security and will provide adequate 
protection to the health and safety of the public. 
‘‘(c) FACILITIES SPECIFIED.—Subsection (a) shall apply— 
‘‘(1) to the Administrator with respect to the national secu-
rity laboratories and the nuclear weapons production facilities; 
and 
‘‘(2) to the Secretary of Energy with respect to defense 
nuclear facilities of the Office of Environmental Management 
of the Department of Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to section 4644 the following new item: 
‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of facilities 
of the Administration and the Office of Environmental Management.’’. 
SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUISITION 
REPORTS AND INDEPENDENT COST ESTIMATES ON LIFE 
EXTENSION PROGRAMS AND NEW NUCLEAR FACILITIES. 
(a) SUBMITTAL REQUIRED.—Subtitle A of title XLII of the Atomic 
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting 
after section 4216, as added by section 3141(a), the following new 
section: 
‘‘SEC. 4217. SELECTED ACQUISITION REPORTS AND INDEPENDENT 
COST ESTIMATES ON LIFE EXTENSION PROGRAMS AND 
NEW NUCLEAR FACILITIES. 
‘‘(a) SELECTED ACQUISITION REPORTS.—(1) At the end of each 
fiscal-year quarter, the Secretary of Energy, acting through the 
Administrator, shall submit to the congressional defense committees 
a report on each nuclear weapon system undergoing life extension. 
The reports shall be known as Selected Acquisition Reports for 
the weapon system concerned. 
‘‘(2) The information contained in the Selected Acquisition 
Report for a fiscal-year quarter for a nuclear weapon system shall 
be the information contained in the Selected Acquisition Report 
for such fiscal-year quarter for a major defense acquisition program 
under section 2432 of title 10, United States Code, expressed in 
terms of the nuclear weapon system. 
‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The Secretary, acting 
through the Administrator, shall submit to the congressional 
defense committees and the Nuclear Weapons Council established
H. R. 4310—574 
under section 179 of title 10, United States Code, an independent 
cost estimate of the following: 
‘‘(A) Each nuclear weapon system undergoing life extension 
at the completion of phase 6.2A, relating to design definition 
and cost study. 
‘‘(B) Each nuclear weapon system undergoing life extension 
before initiation of phase 6.5, relating to first production. 
‘‘(C) Each new nuclear facility within the nuclear security 
enterprise that is estimated to cost more than $500,000,000 
before such facility achieves critical decision 2 in the acquisition 
process. 
‘‘(2) A cost estimate for purposes of this subsection may not 
be prepared by the Department of Energy or the Administration. 
‘‘(c) AUTHORITY FOR FURTHER ASSESSMENTS.—Upon the request 
of the Administrator, the Secretary of Defense, acting through the 
Director of Cost Assessment and Program Evaluation and in con-
sultation with the Administrator, may conduct an independent cost 
assessment of any initiative or program of the Administration that 
is estimated to cost more than $500,000,000.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of such Act is amended by inserting after the item relating 
to 4216, as added by section 3141(b), the following new item: 
‘‘Sec. 4217. Selected Acquisition Reports and independent cost estimates on life ex-
tension programs and new nuclear facilities.’’. 
SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA. 
Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162) 
is amended— 
(1) in subsection d.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; and 
(B) by adding at the end the following: 
‘‘(2) The Commission may restore to the Restricted Data cat-
egory any information related to the design of nuclear weapons 
removed under paragraph (1) if the Commission and the Depart-
ment of Defense jointly determine that— 
‘‘(A) the programmatic requirements that caused the 
information to be removed from the Restricted Data category 
are no longer applicable or have diminished; 
‘‘(B) the information would be more appropriately protected 
as Restricted Data; and 
‘‘(C) restoring the information to the Restricted Data cat-
egory is in the interest of national security. 
‘‘(3) In carrying out paragraph (2), information related to the 
design of nuclear weapons shall be restored to the Restricted Data 
category in accordance with regulations prescribed for purposes 
of such paragraph.’’; and 
(2) in subsection e.— 
(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; 
(B) by striking ‘‘Central’’ and inserting ‘‘National’’; and 
(C) by adding at the end the following: 
‘‘(2) The Commission may restore to the Restricted Data cat-
egory any information concerning atomic energy programs of other 
nations removed under paragraph (1) if the Commission and the 
Director of National Intelligence jointly determine that— 
‘‘(A) the programmatic requirements that caused the 
information to be removed from the Restricted Data category 
are no longer applicable or have diminished;
H. R. 4310—575 
‘‘(B) the information would be more appropriately protected 
as Restricted Data; and 
‘‘(C) restoring the information to the Restricted Data cat-
egory is in the interest of national security. 
‘‘(3) In carrying out paragraph (2), information concerning 
atomic energy programs of other nations shall be restored to the 
Restricted Data category in accordance with regulations prescribed 
for purposes of such paragraph.’’. 
SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARDING 
SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES 
NUCLEAR WEAPONS STOCKPILE AND NUCLEAR FORCES. 
(a) IN
GENERAL.—Section 1305 of the National Defense 
Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274p) is— 
(1) transferred to the Atomic Energy Defense Act (50 U.S.C. 
2501 et seq.); 
(2) inserted after section 4217 of such Act, as added by 
section 3162(a); 
(3) redesignated as section 4218; and 
(4) amended by amending subsection (f) to read as follows: 
‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.— 
‘‘(1) IN GENERAL.—No individual, including representatives 
of the President, may take any action against, or otherwise 
constrain, a director of a national security laboratory or a 
nuclear weapons production facility, a member of the Nuclear 
Weapons Council established under section 179 of title 10, 
United States Code, or the Commander of the United States 
Strategic Command from presenting the professional views of 
the director, member, or Commander, as the case may be, 
to the President, the National Security Council, or Congress 
regarding— 
‘‘(A) the safety, security, reliability, or credibility of 
the nuclear weapons stockpile and nuclear forces; or 
‘‘(B) the status of, and plans for, the capabilities and 
infrastructure that support and sustain the nuclear 
weapons stockpile and nuclear forces. 
‘‘(2) CONSTRUCTION.—Nothing in paragraph (1)(B) may be 
construed to affect the interagency budget process.’’. 
(b) CONFORMING AMENDMENTS.—Section 4218 of the Atomic 
Energy Defense Act, as added by subsection (a), is amended— 
(1) by striking ‘‘nuclear weapons laboratories’’ each place 
it appears and inserting ‘‘national security laboratories’’; 
(2) by striking ‘‘nuclear weapons laboratory’’ each place 
it appears and inserting ‘‘national security laboratory’’; 
(3) by striking ‘‘nuclear weapons production plants’’ each 
place it appears and inserting ‘‘nuclear weapons production 
facilities’’; 
(4) by striking ‘‘nuclear weapons production plant’’ each 
place it appears and inserting ‘‘nuclear weapons production 
facility’’; and 
(5) by amending subsection (g) to read as follows: 
‘‘(g) REPRESENTATIVE OF THE PRESIDENT DEFINED.—In this sec-
tion, the term ‘representative of the President’ means the following: 
‘‘(1) Any official of the Department of Defense or the 
Department of Energy who is appointed by the President and 
confirmed by the Senate.