H. R. 3304—374 
(6) Prevention and appropriate suppression of brush and 
range fires resulting from non-military activities. 
(7) Geothermal leasing and development and related power 
production activities. 
(c) NONDEFENSE USES.—All nondefense-related uses of the land 
withdrawn by this section (including the uses described in sub-
section (b)), shall be subject to any conditions and restrictions 
that the Secretary of the Interior and the Secretary of the Navy 
jointly determine to be necessary to permit the defense-related 
use of the land for the purposes described in this section. 
(d) ISSUANCE OF LEASES AND OTHER INSTRUMENTS.— 
(1) IN GENERAL.—The Secretary of the Interior shall be 
responsible for the issuance of any lease, easement, right-of- 
way, permit, license, or other instrument authorized by law 
with respect to any activity that involves both— 
(A) the land withdrawn and reserved by section 2971; 
and 
(B) any other public land in the vicinity of the land 
withdrawn and reserved by section 2971 that is not under 
the administrative jurisdiction of the Secretary of the Navy. 
(2) CONSENT REQUIRED.—Subject to section 2974, any lease, 
easement, right-of-way, permit, license, or other instrument 
issued under paragraph (1) shall— 
(A) only be issued with the consent of the Secretary 
of the Navy; and 
(B) be subject to such conditions as the Secretary of 
the Navy may require with respect to the land withdrawn 
and reserved by section 2971. 
SEC. 2973. ASSIGNMENT OF MANAGEMENT RESPONSIBILITY TO SEC-
RETARY OF THE NAVY. 
(a) AUTHORITY TO ASSIGN MANAGEMENT RESPONSIBILITY.—The 
Secretary of the Interior may assign the management responsibility, 
in whole or in part, for the land withdrawn and reserved by section 
2971 to the Secretary of the Navy. 
(b) APPLICABLE LAW.—On assignment of the management 
responsibility under subsection (a), the Secretary of the Navy shall 
manage the land in accordance with— 
(1) subtitle A and this subtitle; 
(2) title I of the Sikes Act (16 U.S.C. 670a et seq.); 
(3) the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.); 
(4) cooperative management arrangements entered into by 
the Secretary of the Interior and the Secretary of the Navy; 
and 
(5) any other applicable law. 
SEC. 2974. GEOTHERMAL RESOURCES. 
(a) TREATMENT OF EXISTING LEASES.—Nothing in this subtitle 
affects— 
(1) geothermal leases issued by the Secretary of the Interior 
before the date of enactment of this Act; or 
(2) the responsibility of the Secretary of the Interior to 
administer and manage the leases described in paragraph (1) 
consistent with the provisions of this subtitle. 
(b) AUTHORITY OF THE SECRETARY OF THE INTERIOR.—Nothing 
in this subtitle or any other provision of law prohibits the Secretary 
of the Interior from issuing, subject to the concurrence of the
H. R. 3304—375 
Secretary of the Navy, and administering any lease under the 
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and any 
other applicable law for the development and use of geothermal 
steam and associated geothermal resources on the land withdrawn 
and reserved by section 2971. 
(c) APPLICABLE LAW.—Nothing in this subtitle affects the geo-
thermal exploration and development authority of the Secretary 
of the Navy under section 2917 of title 10, United States Code, 
with respect to the land withdrawn and reserved by section 2971, 
except that the Secretary of the Navy shall obtain the concurrence 
of the Secretary of the Interior before taking action under section 
2917 of title 10, United States Code. 
(d) NAVY CONTRACTS.—On the expiration of the withdrawal 
and reservation of land under section 2971 or the relinquishment 
of the land, any Navy contract for the development of geothermal 
resources at Naval Air Weapons Station China Lake that is in 
effect on the date of the expiration or relinquishment shall remain 
in effect, except that the Secretary of the Interior, with the consent 
of the Secretary of the Navy, may offer to substitute a standard 
geothermal lease for the contract. 
SEC. 2975. WILD HORSES AND BURROS. 
(a) MANAGEMENT.—The Secretary of the Navy— 
(1) shall be responsible for the management of wild horses 
and burros located on the land withdrawn and reserved by 
section 2971; and 
(2) may use helicopters and motorized vehicles for the 
management of wild horses and burros on such land. 
(b) REQUIREMENTS.—The activities authorized under subsection 
(a) shall be conducted in accordance with laws applicable to the 
management of wild horses and burros on public land. 
(c) AGREEMENT.—The Secretary of the Interior and the Sec-
retary of the Navy shall enter into an agreement for the 
implementation of the management of wild horses and burros under 
this section. 
SEC. 2976. CONTINUATION OF EXISTING AGREEMENT. 
The agreement between the Secretary of the Interior and the 
Secretary of the Navy entered into before the date of enactment 
of this Act under section 805 of the California Military Lands 
Withdrawal and Overflights Act of 1994 (Public Law 103–433; 108 
Stat. 4503) shall continue in effect until the earlier of— 
(1) the date on which the Secretary of the Interior and 
the Secretary of the Navy enter into a new agreement to 
replace such section 805 agreement; or 
(2) the date that is one year after the date of enactment 
of this Act. 
SEC. 2977. MANAGEMENT PLANS. 
(a) COOPERATION IN DEVELOPMENT OF MANAGEMENT PLAN.— 
The Secretary of the Navy and the Secretary of the Interior shall 
update and maintain cooperative arrangements concerning land 
resources and land uses on the land withdrawn and reserved by 
section 2971. 
(b) PURPOSE.—A cooperative arrangement entered into under 
subsection (a) shall focus on and apply to sustainable management 
and protection of the natural and cultural resources and environ-
mental values found on the land withdrawn and reserved by section
H. R. 3304—376 
2971, consistent with the defense-related purposes for which the 
land is withdrawn and reserved. 
(c) COMPREHENSIVE LAND USE MANAGEMENT PLAN.—A coopera-
tive arrangement entered into under subsection (a) shall include 
a comprehensive land use management plan that integrates and 
is consistent with any applicable law, including— 
(1) subtitle A and this subtitle; 
(2) title I of the Sikes Act (16 U.S.C. 670a et seq.); and 
(3) the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.); and 
(d) ANNUAL REVIEW.—The Secretary of the Navy and the Sec-
retary of the Interior shall— 
(1) annually review the comprehensive land use manage-
ment plan developed under subsection (c); and 
(2) update the comprehensive land use management plan 
as the Secretary of the Navy and the Secretary of the Interior 
determine to be necessary— 
(A) to respond to evolving management requirements; 
and 
(B) to complement the updates of other applicable land 
use and resource management and planning. 
(e) IMPLEMENTING AGREEMENT.— 
(1) IN GENERAL.—The Secretary of the Interior and the 
Secretary of the Navy may enter into a written agreement 
to implement the comprehensive land use management plan 
developed under subsection (c). 
(2) COMPONENTS.—Such an implementation agreement— 
(A) shall be for a duration that is equal to the period 
of the withdrawal and reservation of land under section 
2971; and 
(B) may be amended from time to time. 
SEC. 2978. TERMINATION OF PRIOR WITHDRAWALS. 
(a) TERMINATION.—Subject to subsection (b), the withdrawal 
and reservation under section 803(a) of the California Military 
Lands Withdrawal and Overflights Act of 1994 (Public Law 103– 
433; 108 Stat. 4502) is terminated. 
(b) LIMITATION.—Notwithstanding the termination under sub-
section (a), all rules, regulations, orders, permits, and other privi-
leges issued or granted by the Secretary of the Interior or the 
Secretary of the Navy with respect to the land withdrawn and 
reserved under section 803(a) of the California Military Lands With-
drawal and Overflights Act of 1994 (Public Law 103–433; 108 
Stat. 4502), unless inconsistent with the provisions of this subtitle, 
shall remain in force until modified, suspended, overruled, or other-
wise changed by— 
(1) the Secretary of the Interior or the Secretary of the 
Navy (as applicable); 
(2) a court of competent jurisdiction; or 
(3) operation of law. 
SEC. 2979. DURATION OF WITHDRAWAL AND RESERVATION. 
The withdrawal and reservation of public land made by section 
2971 shall terminate on March 31, 2039.
H. R. 3304—377 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Clarification of principles of National Nuclear Security Administration. 
Sec. 3112. Cost estimation and program evaluation by National Nuclear Security 
Administration. 
Sec. 3113. Enhanced procurement authority to manage supply chain risk. 
Sec. 3114. Limitation on availability of funds for National Nuclear Security Admin-
istration. 
Sec. 3115. Limitation on availability of funds for Office of the Administrator for 
Nuclear Security. 
Sec. 3116. Establishment of Center for Security Technology, Analysis, Response, 
and Testing. 
Sec. 3117. Authorization of modular building strategy as an alternative to the re-
placement project for the Chemistry and Metallurgy Research Building, 
Los Alamos National Laboratory, New Mexico. 
Sec. 3118. Comparative analysis of warhead life extension options. 
Sec. 3119. Extension of authority of Secretary of Energy to enter into transactions 
to carry out certain research projects. 
Sec. 3120. Increase in construction design threshold. 
Subtitle C—Plans and Reports 
Sec. 3121. Annual report and certification on status of security of atomic energy de-
fense facilities. 
Sec. 3122. Modifications to annual reports regarding the condition of the nuclear 
weapons stockpile. 
Sec. 3123. Inclusion of integrated plutonium strategy in nuclear weapons stockpile 
stewardship, management, and infrastructure plan. 
Sec. 3124. Modifications to cost-benefit analyses for competition of management 
and operating contracts. 
Sec. 3125. Modification of deadlines for certain reports relating to program on sci-
entific engagement for nonproliferation. 
Sec. 3126. Modification of certain reports on cost containment for uranium capabili-
ties replacement project. 
Sec. 3127. Plan for tank farm waste at Hanford Nuclear Reservation. 
Sec. 3128. Plan for improvement and integration of financial management of nu-
clear security enterprise. 
Sec. 3129. Plan for developing exascale computing and incorporating such com-
puting into the stockpile stewardship program. 
Sec. 3130. Study and plan for extension of certain pilot program principles. 
Sec. 3131. Study of potential reuse of nuclear weapon secondaries. 
Sec. 3132. Repeal of certain reporting requirements. 
Subtitle D—Other Matters 
Sec. 3141. Clarification of role of Secretary of Energy. 
Sec. 3142. Modification of deadlines for Congressional Advisory Panel on the Gov-
ernance of the Nuclear Security Enterprise. 
Sec. 3143. Department of Energy land conveyance. 
Sec. 3144. Technical amendment to Atomic Energy Act of 1954. 
Sec. 3145. Technical corrections to the National Nuclear Security Administration 
Act. 
Sec. 3146. Technical corrections to the Atomic Energy Defense Act. 
Sec. 3147. Sense of Congress on B61–12 life extension program. 
Sec. 3148. Sense of Congress on establishment of an advisory board on toxic sub-
stances and worker health.
H. R. 3304—378 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2014 for the activities of the National Nuclear Security 
Administration in carrying out programs as specified in the funding 
table in section 4701. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
Project 14–D–710, Device Assembly Facility Argus 
Installation Project, Nevada National Security Site, Las 
Vegas, Nevada, $14,000,000. 
Project 14–D–901, Spent Fueling Handling Recapital-
ization Project, Naval Reactors Facility, Idaho, $45,400,000. 
Project 14–D–902, KL Materials Characterization Lab-
oratory, Knolls Atomic Power Laboratory, Schenectady, 
New York, $1,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2014 for defense environmental 
cleanup activities in carrying out programs as specified in the 
funding table in section 4701. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2014 for other defense activities 
in carrying out programs as specified in the funding table in section 
4701. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. CLARIFICATION OF PRINCIPLES OF NATIONAL NUCLEAR 
SECURITY ADMINISTRATION. 
Subsection (c) of section 3211 of the National Nuclear Security 
Administration Act (50 U.S.C. 2401) is amended to read as follows: 
‘‘(c) OPERATIONS AND ACTIVITIES TO BE CARRIED OUT CONSIST-
ENTLY WITH CERTAIN PRINCIPLES.—In carrying out the mission 
of the Administration, the Administrator shall ensure that all oper-
ations and activities of the Administration are consistent with the 
principles of— 
‘‘(1) protecting the environment; 
‘‘(2) safeguarding the safety and health of the public and 
of the workforce of the Administration; and 
‘‘(3) ensuring the security of the nuclear weapons, nuclear 
material, and classified information in the custody of the 
Administration.’’.
H. R. 3304—379 
SEC. 3112. COST ESTIMATION AND PROGRAM EVALUATION BY 
NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) ESTABLISHMENT OF DIRECTOR FOR COST ESTIMATING AND 
PROGRAM EVALUATION.— 
(1) IN GENERAL.—Subtitle A of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2401 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 3221. DIRECTOR FOR COST ESTIMATING AND PROGRAM EVALUA-
TION. 
‘‘(a) ESTABLISHMENT.—(1) There is in the Administration a 
Director for Cost Estimating and Program Evaluation (in this sec-
tion referred to as the ‘Director’). 
‘‘(2) The position of the Director shall be a Senior Executive 
Service position (as defined in section 3132(a) of title 5, United 
States Code). 
‘‘(b) DUTIES.—(1) The Director shall be the principal advisor 
to the Administrator, the Deputy Secretary of Energy, and the 
Secretary of Energy with respect to cost estimation and program 
evaluation for the Administration. 
‘‘(2) The Administrator may not delegate responsibility for 
receiving or acting on communications from the Director with 
respect to cost estimation and program evaluation for the Adminis-
tration. 
‘‘(c) ACTIVITIES FOR COST ESTIMATION.—(1) The Director shall 
be the responsible for the following activities relating to cost esti-
mation: 
‘‘(A) Advising the Administrator on policies and procedures 
for cost analysis and estimation by the Administration, 
including the determination of confidence levels with respect 
to cost estimates. 
‘‘(B) Reviewing cost estimates and evaluating the perform-
ance baseline for each major atomic energy defense acquisition 
program. 
‘‘(C) Advising the Administrator on policies and procedures 
for developing technology readiness assessments for major 
atomic energy defense acquisition programs that are consistent 
with the guidelines of the Department of Energy for technology 
readiness assessments. 
‘‘(D) Reviewing technology readiness assessments for such 
programs to ensure that such programs are meeting levels 
of confidence associated with appropriate overall system 
performance. 
‘‘(E) As directed by the Administrator, conducting inde-
pendent cost estimates for such programs. 
‘‘(2) A review, evaluation, or cost estimate conducted under 
subparagraph (B), (D), or (E) of paragraph (1) shall be considered 
an inherently governmental function, but the Director may use 
data collected by a national security laboratory or a management 
and operating contractor of the Administration in conducting such 
a review, evaluation, or cost estimate. 
‘‘(3) The Director shall submit in writing to the Administrator 
the following: 
‘‘(A) The certification of the Director with respect to each 
review, evaluation, and cost estimate conducted under subpara-
graph (B), (D), or (E) of paragraph (1).
H. R. 3304—380 
‘‘(B) A statement of the confidence level of the Director 
with respect to each such review, evaluation, and cost estimate, 
including an identification of areas of uncertainty, risk, and 
opportunity discovered in conducting each such review, evalua-
tion, and cost estimate. 
‘‘(d) ACTIVITIES FOR PROGRAM EVALUATION.—(1) The Director 
shall be responsible for the following activities relating to program 
evaluation: 
‘‘(A) Reviewing and commenting on policies and procedures 
for setting requirements for the future-years nuclear security 
program under section 3253 and for prioritizing and estimating 
the funding required by the Administration for that program. 
‘‘(B) Reviewing the future-years nuclear security program 
on an annual basis to ensure that the program is accurate 
and thorough. 
‘‘(C) Advising the Administrator on policies and procedures 
for analyses of alternatives for major atomic energy defense 
acquisition programs. 
‘‘(D) As part of the planning, programming, and budgeting 
process of the Administration under sections 3251 and 3252, 
analyzing the planning phase of that process, advising on pro-
grammatic and fiscal year guidance, and managing the program 
review phase of that process. 
‘‘(E) Developing and managing the submittal of the Selected 
Acquisition Reports and independent cost estimates on nuclear 
weapons systems undergoing major life extension under section 
4217 of the Atomic Energy Defense Act (50 U.S.C. 2537). 
‘‘(F) Reviewing cost and schedule baselines for projects 
under section 4713 of that Act (50 U.S.C. 2753) and managing 
notifications to the congressional defense committees of cost 
overruns under that section. 
‘‘(2) A review conducted under paragraph (1)(B) shall be consid-
ered an inherently governmental function, but the Director may 
use data collected by a national security laboratory or a manage-
ment and operating contractor of the Administration in conducting 
such a review. 
‘‘(3) The Director shall submit to Congress a report on any 
major programmatic deviations from the future-years nuclear secu-
rity program discovered in conducting a review under paragraph 
(1)(B) at or about the time the budget of the President is submitted 
to Congress under section 1105(a) of title 31, United States Code, 
for the next fiscal year. 
‘‘(e) DATA COLLECTION AND ACCESSIBILITY.—The Administrator, 
acting through the Director, shall, as appropriate, seek to use 
procedures, processes, and policies for collecting cost data and 
making that data accessible that are similar to the procedures, 
processes, and policies used by the Defense Cost Analysis Resource 
Center of the Office of Cost Assessment and Program Evaluation 
of the Department of Defense for those purposes. 
‘‘(f) STAFF.—The Administrator shall ensure that the Director 
has sufficient numbers of personnel who have competence in tech-
nical matters, budgetary matters, cost estimation, technology readi-
ness analysis, and other appropriate matters to carry out the func-
tions required by this section. 
‘‘(g) REPORTS BY DIRECTOR.—The Director shall submit to Con-
gress at or about the time that the budget of the President is 
submitted to Congress pursuant to section 1105(a) of title 31, United
H. R. 3304—381 
States Code, for each of fiscal years 2015 through 2018, a report 
that includes the following: 
‘‘(1) A description of activities conducted by the Director 
during the calendar year preceding the submission of the report 
that are related to the duties and activities described in this 
section. 
‘‘(2) A list of all major atomic energy defense acquisition 
programs and a concise description of the status of each such 
program and project in meeting cost and critical schedule mile-
stones. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) MAJOR
ATOMIC
ENERGY
DEFENSE
ACQUISITION
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘major atomic energy defense acquisition pro-
gram’ means an atomic energy defense acquisition program 
of the Administration— 
‘‘(i) the total project cost of which is more than 
$500,000,000; or 
‘‘(ii) the total lifetime cost of which is more than 
$1,000,000,000. 
‘‘(B) EXCLUSION
OF
CAPITAL
ASSETS
ACQUISITION 
PROJECTS.—The term ‘major atomic energy defense acquisi-
tion program’ does not include a project covered by Depart-
ment of Energy Order 413.3 (or a successor order) for 
the acquisition of capital assets for atomic energy defense 
activities. 
‘‘(2) PERFORMANCE BASELINE.—The term ‘performance base-
line’, with respect to a major atomic energy defense acquisition 
program, means the key parameters with respect to perform-
ance, scope, cost, and schedule for the project budget of the 
program.’’. 
(2) IMPLEMENTATION PLAN.—Not later than 270 days after 
the date of the enactment of this Act, the Administrator for 
Nuclear Security and the Director of the Office of Cost Assess-
ment and Program Evaluation of the Department of Defense 
shall jointly submit to the congressional defense committees 
a plan for the implementation of section 3221 of the National 
Nuclear Security Administration Act, as added by paragraph 
(1), that includes the following: 
(A) An identification of the number of personnel 
required to support the Director for Cost Estimating and 
Program Evaluation established under such section 3221. 
(B) A description of the functions of such personnel. 
(C) A plan for training such personnel in coordination 
with the Office of Cost Analysis and Program Evaluation 
of the Department of Defense with respect to the activities 
described in subsections (c)(1) and (d)(1) of such section 
3221. 
(D) An estimate of the time required to hire and train 
such personnel. 
(E) A plan for developing cost estimation and program 
evaluation activities jointly with the Department of Defense 
on strategic system programs to the extent practicable 
and beneficial to both the National Nuclear Security 
Administration and the Department of Defense.
H. R. 3304—382 
(3) CLERICAL AMENDMENT.—The table of contents for the 
National Nuclear Security Administration Act is amended by 
inserting after the item relating to section 3220 the following 
new item: 
‘‘Sec. 3221. Director for Cost Estimating and Program Evaluation.’’. 
(b) INDEPENDENT COST ESTIMATES ON LIFE EXTENSION PRO-
GRAMS
AND NEW NUCLEAR FACILITIES.—Section 4217(b) of the 
Atomic Energy Defense Act (50 U.S.C. 2537(b)) is amended— 
(1) in paragraph (2), by striking ‘‘for purposes of this sub-
section’’ and inserting ‘‘submitted under this subsection before 
October 1, 2015,’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) Each cost estimate submitted under this subsection shall 
be submitted in unclassified form, but may include a classified 
annex if necessary.’’. 
SEC. 3113. ENHANCED PROCUREMENT AUTHORITY TO MANAGE 
SUPPLY CHAIN RISK. 
(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. 4806. ENHANCED PROCUREMENT AUTHORITY TO MANAGE 
SUPPLY CHAIN RISK. 
‘‘(a) AUTHORITY.—Subject to subsection (b), the Secretary of 
Energy may— 
‘‘(1) carry out a covered procurement action; and 
‘‘(2) notwithstanding any other provision of law, limit, in 
whole or in part, the disclosure of information relating to the 
basis for carrying out a covered procurement action. 
‘‘(b) REQUIREMENTS.—The Secretary may exercise the authority 
under subsection (a) only after— 
‘‘(1) obtaining a risk assessment that demonstrates that 
there is a significant supply chain risk to a covered system; 
‘‘(2) making a determination in writing, in unclassified 
or classified form, that— 
‘‘(A) the use of the authority under subsection (a) is 
necessary to protect national security by reducing supply 
chain risk; 
‘‘(B) less restrictive measures are not reasonably avail-
able to reduce the supply chain risk; and 
‘‘(C) in a case in which the Secretary plans to limit 
disclosure of information under subsection (a)(2), the risk 
to national security of the disclosure of the information 
outweighs the risk of not disclosing the information; and 
‘‘(3) submitting to the appropriate congressional commit-
tees, not later than seven days after the date on which the 
Secretary makes the determination under paragraph (2), a 
notice of such determination, in classified or unclassified form, 
that includes— 
‘‘(A) the information required by section 3304(e)(2)(A) 
of title 41, United States Code; 
‘‘(B) a summary of the risk assessment required under 
paragraph (1); and 
‘‘(C) a summary of the basis for the determination, 
including a discussion of less restrictive measures that