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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                S. 1045

_______________________________________________________________________

                                 AN ACT

 
To authorize appropriations for fiscal year 2006 for defense activities 
          of the Department of Energy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 2006''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees.
 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS 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 management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
                       Subtitle B--Other Matters

Sec. 3111. Report on compliance with design basis threat.
Sec. 3112. Cost estimate for waste treatment and immobilization plant 
                            project, Hanford site, Richland, 
                            Washington.
Sec. 3113. Report on international border security programs.
Sec. 3114. Clarification of cooperative agreement authority under 
                            chemical demilitarization program.
Sec. 3115. Savannah River National Laboratory.
Sec. 3116. Rocky Flats Environmental Technology Site.
Sec. 3117. Prohibition on use of funds for Robust Nuclear Earth 
                            Penetrator.
Sec. 3118. Sense of the Senate regarding interim reports on residual 
                            beryllium contamination at Department of 
                            Energy vendor facilities.
Sec. 3119. Report on advanced technologies for nuclear power reactors 
                            in the United States.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Revisions to required receipt objectives for previously 
                            authorized disposals from National Defense 
                            Stockpile.
Sec. 3302. Authorization for disposal of tungsten ores and 
                            concentrates.
Sec. 3303. Disposal of ferromanganese.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         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 2006 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,357,427,000, to be allocated as follows:
            (1) For weapons activities, $6,590,319,000.
            (2) For defense nuclear nonproliferation activities, 
        $1,637,239,000, of which amount $338,565,000 shall be available 
        for project 99-D-143, the Mixed Oxide Fuel Fabrication 
        Facility, Savannah River Site, Aiken, South Carolina, and 
        $24,000,000 shall be available for project 99-D-141, the Pit 
        Disassembly and Conversion Facility, Savannah River Site, 
        Aiken, South Carolina.
            (3) For naval reactors, $786,000,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $343,869,000.
    (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 weapons 
activities as follows:
            (1) For readiness in technical base and facilities, the 
        following new plant projects:
                    Project 06-D-140, Readiness in Technical Base and 
                Facilities Program (RTBF), project engineering and 
                design, various locations, $19,113,000.
                    Project 06-D-402, replacement of Fire Stations 
                Number 1 and Number 2, Nevada Test Site, Nevada, 
                $8,284,000.
                    Project 06-D-403, tritium facility modernization, 
                Lawrence Livermore National Laboratory, Livermore, 
                California, $2,600,000.
                    Project 06-D-404, remediation, restoration, and 
                upgrade of Building B-3, Nevada Test Site, Nevada, 
                $16,000,000.
            (2) For facilities and infrastructure recapitalization, the 
        following new plant projects:
                    Project 06-D-160, Facilities and Infrastructure 
                Recapitalization Program (FIRP), project engineering 
                and design, various locations, $5,811,000.
                    Project 06-D-601, electrical distribution system 
                upgrade, Pantex Plant, Amarillo, Texas, $4,000,000.
                    Project 06-D-602, gas main and distribution system 
                upgrade, Pantex Plant, Amarillo, Texas, $3,700,000.
                    Project 06-D-603, Steam Plant Life Extension 
                Project (SLEP), Y-12 National Security Complex, Oak 
                Ridge, Tennessee, $729,000.
            (3) For naval reactors, the following new plant project:
                    Project 06-N-901, Central Office Building 2, Bettis 
                Atomic Power Laboratory, West Mifflin, Pennsylvania, 
                $7,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2006 for 
environmental management activities in carrying out programs necessary 
for national security in the amount of $6,189,433,000, to be allocated 
as follows:
            (1) For defense site acceleration completion, 
        $5,335,849,000.
            (2) For defense environmental services, $853,584,000.
    (b) Authorization of New Plant Project.--From funds referred to in 
subsection (a)(1) that are available for carrying out plant projects, 
the Secretary of Energy may carry out, for environmental management 
activities, the following new plant project:
            Project 06-D-401, sodium bearing waste treatment project, 
        Idaho National Laboratory, Idaho Falls, Idaho, $15,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2006 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$563,423,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2006 for defense nuclear waste disposal for 
payment to the Nuclear Waste Fund established in section 302(c) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$301,447,000.

                       Subtitle B--Other Matters

SEC. 3111. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Energy shall submit to the 
congressional defense committees a report detailing plans for achieving 
compliance under the Design Basis Threat issued by the Department of 
Energy in 2004.
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) an implementation plan with associated funding 
        requirements to achieve by September 30, 2007, compliance under 
        the Design Basis Threat of all Department of Energy and 
        National Nuclear Security Administration sites that contain 
        nuclear weapons or special nuclear material; and
            (2) an evaluation of options for applying security 
        technologies and innovative protective force deployment to 
        increase the efficiency and effectiveness of efforts to protect 
        against the threats postulated in the Design Basis Threat.
    (c) Form.--The report required under subsection (a) shall be 
submitted in classified form with an unclassified summary.

SEC. 3112. COST ESTIMATE FOR WASTE TREATMENT AND IMMOBILIZATION PLANT 
              PROJECT, HANFORD SITE, RICHLAND, WASHINGTON.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Energy shall submit to the 
congressional defense committees an independent cost estimate prepared 
by the Army Corps of Engineers for the Waste Treatment and 
Immobilization Plant project at the Hanford Site, Richland, Washington 
(in this section referred to as the ``project'').
    (b) Content.--The cost estimate required under subsection (a) shall 
include estimates of the total cost and annual funding requirements, 
listed by year, to complete the project, assuming a completion date in 
each of 2011, 2012, 2013, 2014, and 2015.

SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Energy shall, in consultation 
with the Secretary of Defense, the Secretary of State, and, as 
appropriate, the Secretary of Homeland Security, submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the management by such Secretaries of 
border security programs in the countries of the former Soviet Union 
and other countries.
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) a description of the roles and responsibilities of each 
        department and agency of the United States Government in 
        international border security programs;
            (2) a description of the interactions and coordination 
        among departments and agencies of the United States Government 
        that are conducting international border security programs;
            (3) a description of the mechanisms that exist to ensure 
        coordination, avoid duplication, and provide a means to resolve 
        conflicts or problems that might arise in the implementation of 
        international border security programs;
            (4) a discussion of whether there is existing interagency 
        guidance that addresses the roles, interactions, and dispute 
        resolution mechanisms for departments and agencies of the 
        United States Government that are conducting international 
        border security programs, and the adequacy of such guidance if 
        it exists; and
            (5) recommendations to improve the coordination and 
        effectiveness of international border security programs.

SEC. 3114. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY UNDER 
              CHEMICAL DEMILITARIZATION PROGRAM.

    (a) In General.--Section 1412(c)(4) of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended--
            (1) by inserting ``(A)'' after ``(4)'';
            (2) in the first sentence--
                    (A) by inserting ``and tribal organizations'' after 
                ``State and local governments''; and
                    (B) by inserting ``and tribal organizations'' after 
                ``those governments'';
            (3) in the third sentence--
                    (A) by striking ``Additionally, the Secretary'' and 
                inserting the following:
                    ``(B) Additionally, the Secretary''; and
                    (B) by inserting ``and tribal organizations'' after 
                ``State and local governments''; and
            (4) by adding at the end the following:
                    ``(C) In this paragraph, the term `tribal 
                organization' has the meaning given the term in section 
                4(l) of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b(l)).''.
    (b) Effective Date.--The amendments made by subsection (a)--
            (1) take effect on December 5, 1991; and
            (2) apply to any cooperative agreement entered into on or 
        after that date.

SEC. 3115. SAVANNAH RIVER NATIONAL LABORATORY.

            The Savannah River National Laboratory shall be a 
        participating laboratory in the Department of Energy laboratory 
        directed research and development program.

SEC. 3116. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

    (a) Definitions.--In this section:
            (1) Essential mineral right.--The term ``essential mineral 
        right'' means a right to mine sand and gravel at Rocky Flats, 
        as depicted on the map.
            (2) Fair market value.--The term ``fair market value'' 
        means the value of an essential mineral right, as determined by 
        an appraisal performed by an independent, certified mineral 
        appraiser under the Uniform Standards of Professional Appraisal 
        Practice.
            (3) Map.--The term ``map'' means the map entitled ``Rocky 
        Flats National Wildlife Refuge'', dated July 25, 2005, and 
        available for inspection in appropriate offices of the United 
        States Fish and Wildlife Service and the Department of Energy.
            (4) Natural resource damage liability claim.--The term 
        ``natural resource damage liability claim'' means a natural 
        resource damage liability claim under subsections (a)(4)(C) and 
        (f) of section 107 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607) 
        arising from hazardous substances releases at or from Rocky 
        Flats that, as of the date of enactment of this Act, are 
        identified in the administrative record for Rocky Flats 
        required by the National Oil and Hazardous Substances Pollution 
        Contingency Plan prepared under section 105 of that Act (42 
        U.S.C. 9605).
            (5) Rocky flats.--The term ``Rocky Flats'' means the 
        Department of Energy facility in the State of Colorado known as 
        the ``Rocky Flats Environmental Technology Site''.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Trustees.--The term ``Trustees'' means the Federal and 
        State officials designated as trustees under section 107(f)(2) 
        of the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
    (b) Purchase of Essential Mineral Rights.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, such amounts authorized to be 
        appropriated under subsection (c) shall be available to the 
        Secretary to purchase essential mineral rights at Rocky Flats.
            (2) Conditions.--The Secretary shall not purchase an 
        essential mineral right under paragraph (1) unless--
                    (A) the owner of the essential mineral right is a 
                willing seller; and
                    (B) the Secretary purchases the essential mineral 
                right for an amount that does not exceed fair market 
                value.
            (3) Limitation.--Only those funds authorized to be 
        appropriated under subsection (c) shall be available for the 
        Secretary to purchase essential mineral rights under paragraph 
        (1).
            (4) Release from liability.--Notwithstanding any other law, 
        any natural resource damage liability claim shall be considered 
        to be satisfied by--
                    (A) the purchase by the Secretary of essential 
                mineral rights under paragraph (1) for consideration in 
                an amount equal to $10,000,000;
                    (B) the payment by the Secretary to the Trustees of 
                $10,000,000; or
                    (C) the purchase by the Secretary of any portion of 
                the mineral rights under paragraph (1) for--
                            (i) consideration in an amount less than 
                        $10,000,000; and
                            (ii) a payment by the Secretary to the 
                        Trustees of an amount equal to the difference 
                        between--
                                    (I) $10,000,000; and
                                    (II) the amount paid under clause 
                                (i).
            (5) Use of funds.--
                    (A) In general.--Any amounts received under 
                paragraph (4) shall be used by the Trustees for the 
                purposes described in section 107(f)(1) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9607(f)(1)), 
                including--
                            (i) the purchase of additional mineral 
                        rights at Rocky Flats; and
                            (ii) the development of habitat restoration 
                        projects at Rocky Flats.
                    (B) Condition.--Any expenditure of funds under this 
                paragraph shall be made jointly by the Trustees.
                    (C) Additional funds.--The Trustees may use the 
                funds received under paragraph (4) in conjunction with 
                other private and public funds.
            (6) Exemption from national environmental policy act.--Any 
        purchases of mineral rights under this subsection shall be 
        exempt from the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (7) Rocky flats national wildlife refuge.--
                    (A) Transfer of management responsibilities.--The 
                Rocky Flats National Wildlife Refuge Act of 2001 (16 
                U.S.C. 668dd note; Public Law 107-107) is amended--
                            (i) in section 3175--
                                    (I) by striking subsections (b) and 
                                (f); and
                                    (II) by redesignating subsections 
                                (c), (d), and (e) as subsections (b), 
                                (c), and (d), respectively; and
                            (ii) in section 3176(a)(1), by striking 
                        ``section 3175(d)'' and inserting ``section 
                        3175(c)''.
                    (B) Boundaries.--Section 3177 of the Rocky Flats 
                National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd 
                note; Public Law 107-107) is amended by striking 
                subsection (c) and inserting the following:
    ``(c) Composition.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        refuge shall consist of land within the boundaries of Rocky 
        Flats, as depicted on the map--
                    ``(A) entitled `Rocky Flats National Wildlife 
                Refuge';
                    ``(B) dated July 25, 2005; and
                    ``(C) available for inspection in the appropriate 
                offices of the United States Fish and Wildlife Service 
                and the Department of Energy.
            ``(2) Exclusions.--The refuge does not include--
                    ``(A) any land retained by the Department of Energy 
                for response actions under section 3175(c);
                    ``(B) any land depicted on the map described in 
                paragraph (1) that is subject to 1 or more essential 
                mineral rights described in section 3114(a) of the 
                National Defense Authorization Act for Fiscal Year 2006 
                over which the Secretary shall retain jurisdiction of 
                the surface estate until the essential mineral rights--
                            ``(i) are purchased under subsection (b) of 
                        that Act; or
                            ``(ii) are mined and reclaimed by the 
                        mineral rights holders in accordance with 
                        requirements established by the State of 
                        Colorado; and
                    ``(C) the land depicted on the map described in 
                paragraph (1) on which essential mineral rights are 
                being actively mined as of the date of enactment of the 
                National Defense Authorization Act for Fiscal Year 2006 
                until--
                            ``(i) the essential mineral rights are 
                        purchased; or
                            ``(ii) the surface estate is reclaimed by 
                        the mineral rights holder in accordance with 
                        requirements established by the State of 
                        Colorado.
            ``(3) Acquisition of additional land.--Notwithstanding 
        paragraph (2), upon the purchase of the mineral rights or 
        reclamation of the land depicted on the map described in 
        paragraph (1), the Secretary shall--
                    ``(A) transfer the land to the Secretary of the 
                Interior for inclusion in the refuge; and
                    ``(B) the Secretary of the Interior shall--
                            ``(i) accept the transfer of the land; and
                            ``(ii) manage the land as part of the 
                        refuge.''.
    (c) Funding.--Of the amounts authorized to be appropriated to the 
Secretary for the Rocky Flats Environmental Technology Site for fiscal 
year 2006, $10,000,000 may be made available to the Secretary for the 
purposes described in subsection (b).

SEC. 3117. PROHIBITION ON USE OF FUNDS FOR ROBUST NUCLEAR EARTH 
              PENETRATOR.

    None of the funds authorized to be appropriated to the Department 
of Energy under this Act may be made available for the Robust Nuclear 
Earth Penetrator.

SEC. 3118. SENSE OF THE SENATE REGARDING INTERIM REPORTS ON RESIDUAL 
              BERYLLIUM CONTAMINATION AT DEPARTMENT OF ENERGY VENDOR 
              FACILITIES.

    (a) Findings.--The Senate makes the following findings:
            (1) Section 3169 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42 
        U.S.C. 7384 note) requires the National Institute for 
        Occupational Safety and Health to submit, not later than 
        December 31, 2006, an update to the October 2003 report of the 
        Institute on residual beryllium contamination at Department of 
        Energy vendor facilities.
            (2) The American Beryllium Company, Tallevast, Florida, 
        machined beryllium for the Department of Energy's Oak Ridge Y-
        12, Tennessee, and Rocky Flats, Colorado, facilities from 1967 
        until 1992.
            (3) The National Institute for Occupational Safety and 
        Health has completed its evaluation of residual beryllium 
        contamination at the American Beryllium Company.
            (4) Workers at the American Beryllium Company and other 
        affected companies should be made aware fo the site-specific 
        results of the study as soon as such results are available.
    (b) Sense of the Senate.--It is the sense of the Senate to urge the 
Director of the National Institute for Occupational Safety and Health--
            (1) to provide to Congress interim reports of residual 
        beryllium contamination at facilities not later than 14 days 
        after completing the internal review of such reports; and
            (2) to publish in the Federal Register summaries of the 
        findings of such reports, including the dates of any 
        significant residual beryllium contamination, at such time as 
        the reports are provided to Congress under paragraph (1).

SEC. 3119. REPORT ON ADVANCED TECHNOLOGIES FOR NUCLEAR POWER REACTORS 
              IN THE UNITED STATES.

    (a) Report Required.--Not later than six months after the date of 
the enactment of this Act, the Secretary of Energy shall submit to 
Congress a report on advanced technologies for nuclear power reactors 
in the United States.
    (b) Report Elements.--The report required by subsection (a) shall 
include the following:
            (1) A description and assessment of technologies under 
        development for advanced nuclear power reactors that offer the 
        potential for further enhancements of the safety performance of 
        nuclear power reactors.
            (2) A description and assessment of technologies under 
        development for advanced nuclear power reactors that offer the 
        potential for further enhancements of proliferation-resistant 
        nuclear power reactors.
    (c) Form of Report.--The information in the report required by 
subsection (a) shall be presented in manner and format that facilitates 
the dissemination of such information to, and the understanding of such 
information by, the general public.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2006, 
$22,032,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY 
              AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE.

    (a) Disposal Authority.--Section 3303(a)(5) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public Law 
105-261; 50 U.S.C. 98d note), as amended by section 3302 of the Ronald 
W. Reagan National Defense Authorization Act for Year 2005 (Public Law 
108-375; 50 U.S.C. 98d note), is amended by striking paragraph (5) and 
inserting the following new paragraphs:
            ``(5) $900,000,000 by the end of fiscal year 2010.
            ``(6) $1,000,000,000 by the end of fiscal year 2013.''.
    (b) Additional Disposal Authority.--Section 3402(b) of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 972; 50 U.S.C. 98d note), as amended by section 3302 of the 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 50 U.S.C. 98d note), is amended by striking paragraph (4) and 
inserting the following new paragraphs:
            ``(4) $500,000,000 before the end of fiscal year 2010.
            ``(5) $600,000,000 before the end of fiscal year 2013.''.

SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND 
              CONCENTRATES.

    (a) Disposal Authorized.--The President may dispose of up to 
8,000,000 pounds of contained tungsten in the form of tungsten ores and 
concentrates from the National Defense Stockpile in fiscal year 2006.
    (b) Certain Sales Authorized.--The tungsten ores and concentrates 
disposed under subsection (a) may be sold to entities with ore 
conversion or tungsten carbide manufacturing or processing capabilities 
in the United States.

SEC. 3303. DISPOSAL OF FERROMANGANESE.

    (a) Disposal Authorized.--The Secretary of Defense may dispose of 
up to 75,000 tons of ferromanganese from the National Defense Stockpile 
during fiscal year 2006.
    (b) Contingent Authority for Additional Disposal.--If the Secretary 
of Defense completes the disposal of the total quantity of 
ferromanganese authorized for disposal by subsection (a) before 
September 30, 2006, the Secretary of Defense may dispose of up to an 
additional 25,000 tons of ferromanganese from the National Defense 
Stockpile before that date.
    (c) Certification.--The Secretary of Defense may dispose of 
ferromanganese under the authority of subsection (b) only if the 
Secretary submits written certification to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives, not later than 30 days before the commencement of 
disposal, that--
            (1) the disposal of the additional ferromanganese from the 
        National Defense Stockpile is in the interest of national 
        defense;
            (2) the disposal of the additional ferromanganese will not 
        cause undue disruption to the usual markets of producers and 
        processors of ferromanganese in the United States; and
            (3) the disposal of the additional ferromanganese is 
        consistent with the requirements and purpose of the National 
        Defense Stockpile.
    (d) Delegation of Responsibility.--The Secretary of Defense may 
delegate the responsibility of the Secretary under subsection (c) to an 
appropriate official within the Department of Defense.
    (e) National Defense Stockpile Defined.--In this section, the term 
``National Defense Stockpile'' means the stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98c).

            Passed the Senate November 15, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                S. 1045

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 2006 for defense activities 
          of the Department of Energy, and for other purposes.
```