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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 2006’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.

3 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

4 For purposes of this Act, the term ‘‘congressional de5 fense committees’’ has the meaning given that term in sec6 tion 101(a)(16) of title 10, United States Code.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2006 for the activities of

15 the National Nuclear Security Administration in carrying

16 out programs necessary for national security in the

17 amount of $9,357,427,000, to be allocated as follows:

18 (1) For weapons activities, $6,590,319,000.

19 (2) For defense nuclear nonproliferation activi20 ties, $1,637,239,000, of which amount

21 $338,565,000 shall be available for project 99–D–

22 143, the Mixed Oxide Fuel Fabrication Facility, Sa23 vannah River Site, Aiken, South Carolina, and

24 $24,000,000 shall be available for project 99–D–
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1 141, the Pit Disassembly and Conversion Facility,

2 Savannah River Site, Aiken, South Carolina.

3 (3) For naval reactors, $786,000,000.

4 (4) For the Office of the Administrator for Nu5 clear Security, $343,869,000.

6 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

7 From funds referred to in subsection (a) that are available

8 for carrying out plant projects, the Secretary of Energy

9 may carry out new plant projects for weapons activities

10 as follows:

11 (1) For readiness in technical base and facili12 ties, the following new plant projects:

13 Project 06–D–140, Readiness in Technical

14 Base and Facilities Program (RTBF), project

15 engineering and design, various locations,

16 $19,113,000.

17 Project 06–D–402, replacement of Fire

18 Stations Number 1 and Number 2, Nevada

19 Test Site, Nevada, $8,284,000.

20 Project 06–D–403, tritium facility mod21 ernization, Lawrence Livermore National Lab22 oratory, Livermore, California, $2,600,000.

23 Project 06–D–404, remediation, restora24 tion, and upgrade of Building B–3, Nevada

25 Test Site, Nevada, $16,000,000.
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1 (2) For facilities and infrastructure recapital2 ization, the following new plant projects:

3 Project 06–D–160, Facilities and Infra4 structure Recapitalization Program (FIRP),

5 project engineering and design, various loca6 tions, $5,811,000.

7 Project 06–D–601, electrical distribution

8 system upgrade, Pantex Plant, Amarillo, Texas,

9 $4,000,000.

10 Project 06–D–602, gas main and distribu11 tion system upgrade, Pantex Plant, Amarillo,

12 Texas, $3,700,000.

13 Project 06–D–603, Steam Plant Life Ex14 tension Project (SLEP), Y–12 National Secu15 rity Complex, Oak Ridge, Tennessee, $729,000.

16 (3) For naval reactors, the following new plant

17 project:

18 Project 06–N–901, Central Office Building

19 2, Bettis Atomic Power Laboratory, West Miff20 lin, Pennsylvania, $7,000,000.

21 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

23 are hereby authorized to be appropriated to the Depart24 ment of Energy for fiscal year 2006 for environmental

25 management activities in carrying out programs necessary
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1 for national security in the amount of $6,189,433,000, to

2 be allocated as follows:

3 (1) For defense site acceleration completion,

4 $5,335,849,000.

5 (2) For defense environmental services,

6 $853,584,000.

7 (b) AUTHORIZATION OF NEW PLANT PROJECT.—

8 From funds referred to in subsection (a)(1) that are avail9 able for carrying out plant projects, the Secretary of En10 ergy may carry out, for environmental management activi11 ties, the following new plant project:

12 Project 06–D–401, sodium bearing waste treat13 ment project, Idaho National Laboratory, Idaho

14 Falls, Idaho, $15,000,000.

15 SEC. 3103. OTHER DEFENSE ACTIVITIES.

16 Funds are hereby authorized to be appropriated to

17 the Department of Energy for fiscal year 2006 for other

18 defense activities in carrying out programs necessary for

19 national security in the amount of $563,423,000.

20 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

21 Funds are hereby authorized to be appropriated to

22 the Department of Energy for fiscal year 2006 for defense

23 nuclear waste disposal for payment to the Nuclear Waste

24 Fund established in section 302(c) of the Nuclear Waste
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1 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount

2 of $301,447,000.

3 Subtitle B—Other Matters

4 SEC. 3111. REPORT ON COMPLIANCE WITH DESIGN BASIS

5 THREAT.

6 (a) REPORT REQUIRED.—Not later than 180 days

7 after the date of the enactment of this Act, the Secretary

8 of Energy shall submit to the congressional defense com9 mittees a report detailing plans for achieving compliance

10 under the Design Basis Threat issued by the Department

11 of Energy in 2004.

12 (b) CONTENT.—The report required under subsection

13 (a) shall include—

14 (1) an implementation plan with associated

15 funding requirements to achieve by September 30,

16 2007, compliance under the Design Basis Threat of

17 all Department of Energy and National Nuclear Se18 curity Administration sites that contain nuclear

19 weapons or special nuclear material; and

20 (2) an evaluation of options for applying secu21 rity technologies and innovative protective force de22 ployment to increase the efficiency and effectiveness

23 of efforts to protect against the threats postulated in

24 the Design Basis Threat.
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1 (c) FORM.—The report required under subsection (a)

2 shall be submitted in classified form with an unclassified

3 summary.

4 SEC. 3112. COST ESTIMATE FOR WASTE TREATMENT AND

5 IMMOBILIZATION PLANT PROJECT, HANFORD

6 SITE, RICHLAND, WASHINGTON.

7 (a) REPORT REQUIRED.—Not later than 180 days

8 after the date of the enactment of this Act, the Secretary

9 of Energy shall submit to the congressional defense com10 mittees an independent cost estimate prepared by the

11 Army Corps of Engineers for the Waste Treatment and

12 Immobilization Plant project at the Hanford Site, Rich13 land, Washington (in this section referred to as the

14 ‘‘project’’).

15 (b) CONTENT.—The cost estimate required under

16 subsection (a) shall include estimates of the total cost and

17 annual funding requirements, listed by year, to complete

18 the project, assuming a completion date in each of 2011,

19 2012, 2013, 2014, and 2015.

20 SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY

21 PROGRAMS.

22 (a) REPORT REQUIRED.—Not later than 120 days

23 after the date of the enactment of this Act, the Secretary

24 of Energy shall, in consultation with the Secretary of De25 fense, the Secretary of State, and, as appropriate, the Sec-
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1 retary of Homeland Security, submit to the Committees

2 on Armed Services of the Senate and the House of Rep3 resentatives a report on the management by such Secre4 taries of border security programs in the countries of the

5 former Soviet Union and other countries.

6 (b) CONTENT.—The report required under subsection

7 (a) shall include—

8 (1) a description of the roles and responsibil9 ities of each department and agency of the United

10 States Government in international border security

11 programs;

12 (2) a description of the interactions and coordi13 nation among departments and agencies of the

14 United States Government that are conducting

15 international border security programs;

16 (3) a description of the mechanisms that exist

17 to ensure coordination, avoid duplication, and pro18 vide a means to resolve conflicts or problems that

19 might arise in the implementation of international

20 border security programs;

21 (4) a discussion of whether there is existing

22 interagency guidance that addresses the roles, inter23 actions, and dispute resolution mechanisms for de24 partments and agencies of the United States Gov25 ernment that are conducting international border se-
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1 curity programs, and the adequacy of such guidance

2 if it exists; and

3 (5) recommendations to improve the coordina4 tion and effectiveness of international border secu5 rity programs.

6 SEC. 3114. CLARIFICATION OF COOPERATIVE AGREEMENT

7 AUTHORITY UNDER CHEMICAL DEMILI8 TARIZATION PROGRAM.

9 (a) IN GENERAL.—Section 1412(c)(4) of the Depart10 ment of Defense Authorization Act, 1986 (50 U.S.C.

11 1521(c)(4)), is amended—

12 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

13 (2) in the first sentence—

14 (A) by inserting ‘‘and tribal organizations’’

15 after ‘‘State and local governments’’; and

16 (B) by inserting ‘‘and tribal organizations’’

17 after ‘‘those governments’’;

18 (3) in the third sentence—

19 (A) by striking ‘‘Additionally, the Sec20 retary’’ and inserting the following:

21 ‘‘(B) Additionally, the Secretary’’; and

22 (B) by inserting ‘‘and tribal organizations’’

23 after ‘‘State and local governments’’; and

24 (4) by adding at the end the following:
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1 ‘‘(C) In this paragraph, the term ‘tribal or2 ganization’ has the meaning given the term in

3 section 4(l) of the Indian Self-Determination

4 and Education Assistance Act (25 U.S.C.

5 450b(l)).’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a)—

8 (1) take effect on December 5, 1991; and

9 (2) apply to any cooperative agreement entered

10 into on or after that date.

11 SEC. 3115. SAVANNAH RIVER NATIONAL LABORATORY.

12 The Savannah River National Laboratory shall

13 be a participating laboratory in the Department of

14 Energy laboratory directed research and develop15 ment program.

16 SEC. 3116. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY

17 SITE.

18 (a) DEFINITIONS.—In this section:

19 (1) ESSENTIAL MINERAL RIGHT.—The term

20 ‘‘essential mineral right’’ means a right to mine

21 sand and gravel at Rocky Flats, as depicted on the

22 map.

23 (2) FAIR MARKET VALUE.—The term ‘‘fair

24 market value’’ means the value of an essential min25 eral right, as determined by an appraisal performed
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1 by an independent, certified mineral appraiser under

2 the Uniform Standards of Professional Appraisal

3 Practice.

4 (3) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘Rocky Flats National Wildlife Refuge’’, dated

6 July 25, 2005, and available for inspection in appro7 priate offices of the United States Fish and Wildlife

8 Service and the Department of Energy.

9 (4) NATURAL RESOURCE DAMAGE LIABILITY

10 CLAIM.—The term ‘‘natural resource damage liabil11 ity claim’’ means a natural resource damage liability

12 claim under subsections (a)(4)(C) and (f) of section

13 107 of the Comprehensive Environmental Response,

14 Compensation, and Liability Act of 1980 (42 U.S.C.

15 9607) arising from hazardous substances releases at

16 or from Rocky Flats that, as of the date of enact17 ment of this Act, are identified in the administrative

18 record for Rocky Flats required by the National Oil

19 and Hazardous Substances Pollution Contingency

20 Plan prepared under section 105 of that Act (42

21 U.S.C. 9605).

22 (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’

23 means the Department of Energy facility in the

24 State of Colorado known as the ‘‘Rocky Flats Envi25 ronmental Technology Site’’.
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1 (6) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Energy.

3 (7) TRUSTEES.—The term ‘‘Trustees’’ means

4 the Federal and State officials designated as trust5 ees under section 107(f)(2) of the Comprehensive

6 Environmental Response, Compensation, and Liabil7 ity Act of 1980 (42 U.S.C. 9607(f)(2)).

8 (b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.—

9 (1) IN GENERAL.—Not later than 1 year after

10 the date of enactment of this Act, such amounts au11 thorized to be appropriated under subsection (c)

12 shall be available to the Secretary to purchase essen13 tial mineral rights at Rocky Flats.

14 (2) CONDITIONS.—The Secretary shall not pur15 chase an essential mineral right under paragraph (1)

16 unless—

17 (A) the owner of the essential mineral

18 right is a willing seller; and

19 (B) the Secretary purchases the essential

20 mineral right for an amount that does not ex21 ceed fair market value.

22 (3) LIMITATION.—Only those funds authorized

23 to be appropriated under subsection (c) shall be

24 available for the Secretary to purchase essential

25 mineral rights under paragraph (1).
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1 (4) RELEASE FROM LIABILITY.—Notwith2 standing any other law, any natural resource dam3 age liability claim shall be considered to be satisfied

4 by—

5 (A) the purchase by the Secretary of essen6 tial mineral rights under paragraph (1) for con7 sideration in an amount equal to $10,000,000;

8 (B) the payment by the Secretary to the

9 Trustees of $10,000,000; or

10 (C) the purchase by the Secretary of any

11 portion of the mineral rights under paragraph

12 (1) for—

13 (i) consideration in an amount less

14 than $10,000,000; and

15 (ii) a payment by the Secretary to the

16 Trustees of an amount equal to the dif17 ference between—

18 (I) $10,000,000; and

19 (II) the amount paid under

20 clause (i).

21 (5) USE OF FUNDS.—

22 (A) IN GENERAL.—Any amounts received

23 under paragraph (4) shall be used by the Trust24 ees for the purposes described in section

25 107(f)(1) of the Comprehensive Environmental
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1 Response, Compensation, and Liability Act of

2 1980 (42 U.S.C. 9607(f)(1)), including—

3 (i) the purchase of additional mineral

4 rights at Rocky Flats; and

5 (ii) the development of habitat res6 toration projects at Rocky Flats.

7 (B) CONDITION.—Any expenditure of

8 funds under this paragraph shall be made joint9 ly by the Trustees.

10 (C) ADDITIONAL FUNDS.—The Trustees

11 may use the funds received under paragraph

12 (4) in conjunction with other private and public

13 funds.

14 (6) EXEMPTION FROM NATIONAL ENVIRON15 MENTAL POLICY ACT.—Any purchases of mineral

16 rights under this subsection shall be exempt from

17 the National Environmental Policy Act of 1969 (42

18 U.S.C. 4321 et seq.).

19 (7) ROCKY FLATS NATIONAL WILDLIFE REF20 UGE.—

21 (A) TRANSFER OF MANAGEMENT RESPON22 SIBILITIES.—The Rocky Flats National Wildlife

23 Refuge Act of 2001 (16 U.S.C. 668dd note;

24 Public Law 107–107) is amended—

25 (i) in section 3175—
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1 (I) by striking subsections (b)

2 and (f); and

3 (II) by redesignating subsections

4 (c), (d), and (e) as subsections (b),

5 (c), and (d), respectively; and

6 (ii) in section 3176(a)(1), by striking

7 ‘‘section 3175(d)’’ and inserting ‘‘section

8 3175(c)’’.

9 (B) BOUNDARIES.—Section 3177 of the

10 Rocky Flats National Wildlife Refuge Act of

11 2001 (16 U.S.C. 668dd note; Public Law 107–

12 107) is amended by striking subsection (c) and

13 inserting the following:

14 ‘‘(c) COMPOSITION.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the refuge shall consist of land within the

17 boundaries of Rocky Flats, as depicted on the

18 map—

19 ‘‘(A) entitled ‘Rocky Flats National Wild20 life Refuge’;

21 ‘‘(B) dated July 25, 2005; and

22 ‘‘(C) available for inspection in the appro23 priate offices of the United States Fish and

24 Wildlife Service and the Department of Energy.
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1 ‘‘(2) EXCLUSIONS.—The refuge does not

2 include—

3 ‘‘(A) any land retained by the Department

4 of Energy for response actions under section

5 3175(c);

6 ‘‘(B) any land depicted on the map de7 scribed in paragraph (1) that is subject to 1 or

8 more essential mineral rights described in sec9 tion 3114(a) of the National Defense Author10 ization Act for Fiscal Year 2006 over which the

11 Secretary shall retain jurisdiction of the surface

12 estate until the essential mineral rights—

13 ‘‘(i) are purchased under subsection

14 (b) of that Act; or

15 ‘‘(ii) are mined and reclaimed by the

16 mineral rights holders in accordance with

17 requirements established by the State of

18 Colorado; and

19 ‘‘(C) the land depicted on the map de20 scribed in paragraph (1) on which essential

21 mineral rights are being actively mined as of

22 the date of enactment of the National Defense

23 Authorization Act for Fiscal Year 2006 until—

24 ‘‘(i) the essential mineral rights are

25 purchased; or
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1 ‘‘(ii) the surface estate is reclaimed by

2 the mineral rights holder in accordance

3 with requirements established by the State

4 of Colorado.

5 ‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Not6 withstanding paragraph (2), upon the purchase of

7 the mineral rights or reclamation of the land de8 picted on the map described in paragraph (1), the

9 Secretary shall—

10 ‘‘(A) transfer the land to the Secretary of

11 the Interior for inclusion in the refuge; and

12 ‘‘(B) the Secretary of the Interior shall—

13 ‘‘(i) accept the transfer of the land;

14 and

15 ‘‘(ii) manage the land as part of the

16 refuge.’’.

17 (c) FUNDING.—Of the amounts authorized to be ap18 propriated to the Secretary for the Rocky Flats Environ19 mental Technology Site for fiscal year 2006, $10,000,000

20 may be made available to the Secretary for the purposes

21 described in subsection (b).
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1 SEC. 3117. PROHIBITION ON USE OF FUNDS FOR ROBUST

2 NUCLEAR EARTH PENETRATOR.

3 None of the funds authorized to be appropriated to

4 the Department of Energy under this Act may be made

5 available for the Robust Nuclear Earth Penetrator.

6 SEC. 3118. SENSE OF THE SENATE REGARDING INTERIM

7 REPORTS ON RESIDUAL BERYLLIUM CON8 TAMINATION AT DEPARTMENT OF ENERGY

9 VENDOR FACILITIES.

10 (a) FINDINGS.—The Senate makes the following

11 findings:

12 (1) Section 3169 of the Ronald W. Reagan Na13 tional Defense Authorization Act for Fiscal Year

14 2005 (Public Law 108–375; 42 U.S.C. 7384 note)

15 requires the National Institute for Occupational

16 Safety and Health to submit, not later than Decem17 ber 31, 2006, an update to the October 2003 report

18 of the Institute on residual beryllium contamination

19 at Department of Energy vendor facilities.

20 (2) The American Beryllium Company,

21 Tallevast, Florida, machined beryllium for the De22 partment of Energy’s Oak Ridge Y–12, Tennessee,

23 and Rocky Flats, Colorado, facilities from 1967 until

24 1992.

25 (3) The National Institute for Occupational

26 Safety and Health has completed its evaluation of
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1 residual beryllium contamination at the American

2 Beryllium Company.

3 (4) Workers at the American Beryllium Com4 pany and other affected companies should be made

5 aware fo the site-specific results of the study as soon

6 as such results are available.

7 (b) SENSE OF THE SENATE.—It is the sense of the

8 Senate to urge the Director of the National Institute for

9 Occupational Safety and Health—

10 (1) to provide to Congress interim reports of re11 sidual beryllium contamination at facilities not later

12 than 14 days after completing the internal review of

13 such reports; and

14 (2) to publish in the Federal Register sum15 maries of the findings of such reports, including the

16 dates of any significant residual beryllium contami17 nation, at such time as the reports are provided to

18 Congress under paragraph (1).

19 SEC. 3119. REPORT ON ADVANCED TECHNOLOGIES FOR NU20 CLEAR POWER REACTORS IN THE UNITED

21 STATES.

22 (a) REPORT REQUIRED.—Not later than six months

23 after the date of the enactment of this Act, the Secretary

24 of Energy shall submit to Congress a report on advanced
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1 technologies for nuclear power reactors in the United

2 States.

3 (b) REPORT ELEMENTS.—The report required by

4 subsection (a) shall include the following:

5 (1) A description and assessment of tech6 nologies under development for advanced nuclear

7 power reactors that offer the potential for further

8 enhancements of the safety performance of nuclear

9 power reactors.

10 (2) A description and assessment of tech11 nologies under development for advanced nuclear

12 power reactors that offer the potential for further

13 enhancements of proliferation-resistant nuclear

14 power reactors.

15 (c) FORM OF REPORT.—The information in the re16 port required by subsection (a) shall be presented in man17 ner and format that facilitates the dissemination of such

18 information to, and the understanding of such information

19 by, the general public.

20 TITLE XXXII—DEFENSE NU21 CLEAR FACILITIES SAFETY

22 BOARD

23 SEC. 3201. AUTHORIZATION.

24 There are authorized to be appropriated for fiscal

25 year 2006, $22,032,000 for the operation of the Defense
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1 Nuclear Facilities Safety Board under chapter 21 of the

2 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

3 TITLE XXXIII—NATIONAL

4 DEFENSE STOCKPILE

5 SEC. 3301. REVISIONS TO REQUIRED RECEIPT OBJECTIVES

6 FOR PREVIOUSLY AUTHORIZED DISPOSALS

7 FROM NATIONAL DEFENSE STOCKPILE.

8 (a) DISPOSAL AUTHORITY.—Section 3303(a)(5) of

9 the Strom Thurmond National Defense Authorization Act

10 for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C.

11 98d note), as amended by section 3302 of the Ronald W.

12 Reagan National Defense Authorization Act for Year

13 2005 (Public Law 108–375; 50 U.S.C. 98d note), is

14 amended by striking paragraph (5) and inserting the fol15 lowing new paragraphs:

16 ‘‘(5) $900,000,000 by the end of fiscal year

17 2010.

18 ‘‘(6) $1,000,000,000 by the end of fiscal year

19 2013.’’.

20 (b) ADDITIONAL DISPOSAL AUTHORITY.—Section

21 3402(b) of the National Defense Authorization Act for

22 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 972; 50

23 U.S.C. 98d note), as amended by section 3302 of the Na24 tional Defense Authorization Act for Fiscal Year 2004

25 (Public Law 108–136; 50 U.S.C. 98d note), is amended
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1 by striking paragraph (4) and inserting the following new

2 paragraphs:

3 ‘‘(4) $500,000,000 before the end of fiscal year

4 2010.

5 ‘‘(5) $600,000,000 before the end of fiscal year

6 2013.’’.

7 SEC. 3302. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN

8 ORES AND CONCENTRATES.

9 (a) DISPOSAL AUTHORIZED.—The President may

10 dispose of up to 8,000,000 pounds of contained tungsten

11 in the form of tungsten ores and concentrates from the

12 National Defense Stockpile in fiscal year 2006.

13 (b) CERTAIN SALES AUTHORIZED.—The tungsten

14 ores and concentrates disposed under subsection (a) may

15 be sold to entities with ore conversion or tungsten carbide

16 manufacturing or processing capabilities in the United

17 States.

18 SEC. 3303. DISPOSAL OF FERROMANGANESE.

19 (a) DISPOSAL AUTHORIZED.—The Secretary of De20 fense may dispose of up to 75,000 tons of ferromanganese

21 from the National Defense Stockpile during fiscal year

22 2006.

23 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS24 POSAL.—If the Secretary of Defense completes the dis25 posal of the total quantity of ferromanganese authorized
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1 for disposal by subsection (a) before September 30, 2006,

2 the Secretary of Defense may dispose of up to an addi3 tional 25,000 tons of ferromanganese from the National

4 Defense Stockpile before that date.

5 (c) CERTIFICATION.—The Secretary of Defense may

6 dispose of ferromanganese under the authority of sub7 section (b) only if the Secretary submits written certifi8 cation to the Committee on Armed Services of the Senate

9 and the Committee on Armed Services of the House of

10 Representatives, not later than 30 days before the com11 mencement of disposal, that—

12 (1) the disposal of the additional

13 ferromanganese from the National Defense Stockpile

14 is in the interest of national defense;

15 (2) the disposal of the additional

16 ferromanganese will not cause undue disruption to

17 the usual markets of producers and processors of

18 ferromanganese in the United States; and

19 (3) the disposal of the additional

20 ferromanganese is consistent with the requirements

21 and purpose of the National Defense Stockpile.

22 (d) DELEGATION OF RESPONSIBILITY.—The Sec23 retary of Defense may delegate the responsibility of the

24 Secretary under subsection (c) to an appropriate official

25 within the Department of Defense.
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1 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

2 this section, the term ‘‘National Defense Stockpile’’ means

3 the stockpile provided for in section 4 of the Strategic and

4 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

and for other purposes.defense activities of the Department of Energy,