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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2403 Engrossed in Senate (ES)]

<DOC>
  
 
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2403

_______________________________________________________________________

                                 AN ACT

 
To authorize appropriations for fiscal year 2005 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 2005''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
      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--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear 
                            Weapons Concepts Initiative.
Sec. 3113. Limited authority to carry out new projects under Facilities 
                            and Infrastructure Recapitalization Program 
                            after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for 
                            National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for 
                            stewardship, management, and certification 
                            of warheads in the nuclear weapons 
                            stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 311  National Academy of Sciences study.
Sec. 3118. Annual report on expenditures for safeguards and security.
Sec. 3119. Authority to consolidate counterintelligence offices of 
                            Department of Energy and National Nuclear 
                            Security Administration within National 
                            Nuclear Security Administration.
Sec. 3120. Treatment of waste material.
Sec. 3121. Local stakeholder organizations for Department of Energy 
                            environmental management 2006 closure 
                            sites.
Sec. 3122. Report on maintenance of retirement benefits for certain 
                            workers at 2006 closure sites after closure 
                            of sites.
Sec. 3123. Report on Efforts of National Nuclear Security 
                            Administration to understand plutonium 
                            aging.
                   Subtitle C--Proliferation Matters

Sec. 3131. Modification of authority to use international nuclear 
                            materials protection and cooperation 
                            program funds outside the former Soviet 
                            Union.
Sec. 3132. Acceleration of removal or security of fissile materials, 
                            radiological materials, and related 
                            equipment at vulnerable sites worldwide.
                       Subtitle D--Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain 
                            scientific, engineering, and technical 
                            personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness 
                            Compensation Program authorities.
Sec. 3144. Support for public education in the vicinity of Los Alamos 
                            National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant 
                            to competitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders 
                            for acquisition of lands for Manhattan 
                            Project in World War II.
 Subtitle E--Energy Employees Occupational Illness Compensation Program

Sec. 3161. Coverage of individuals employed at atomic weapons employer 
                            facilities during periods of residual 
                            contamination.
Sec. 3162. Update of report on residual contamination of facilities.
Sec. 3163. Workers compensation.
Sec. 3164. Termination of effect of other enhancements of Energy 
                            Employees Occupational Illness Compensation 
                            Program.
Sec. 3165. Sense of Senate on resource center for energy employees 
                            under Energy Employee Occupational Illness 
                            Compensation Program in Western New York 
                            and Western Pennsylvania region.
Sec. 3166. Review by Congress of individuals designated by President as 
                            members of cohort.
Sec. 3167. Inclusion of certain former nuclear weapons program workers 
                            in special exposure cohort under the Energy 
                            Employees Occupational Illness Compensation 
                            Program.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

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

Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain 
                            previously authorized disposals from the 
                            National Defense Stockpile.
Sec. 3303. Prohibition on storage of mercury at certain facilities.
           TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT

Sec. 3401. Short Title.
Sec. 3402. Findings.
Sec. 3403. Definition of hate crime.
Sec. 3404. Support for criminal investigations and prosecutions by 
                            State and local law enforcement officials.
Sec. 3405. Grant Program.
Sec. 3406. Authorization for additional personnel to assist State and 
                            local law enforcement.
Sec. 3407. Prohibition of certain hate crime acts.
Sec. 3408. Duties of Federal Sentencing Commission.
Sec. 3409. Statistics.
Sec. 3410. Severability.
                 TITLE XXXV--ASSISTANCE TO FIREFIGHTERS

Sec. 3501. Short title.
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter 
                            Assistance Program.
Sec. 3503. Grants to volunteer emergency medical service organizations.
Sec. 3504. Grants for automated external defibrillator devices.
Sec. 3505. Criteria for reviewing grant applications.
Sec. 3506. Financial assistance for firefighter safety programs.
Sec. 3507. Assistance for applications.
Sec. 3508. Reduced requirements for matching funds.
Sec. 3509. Grant recipient limitations.
Sec. 3510. Other considerations.
Sec. 3511. Reports to congress.
Sec. 3512. Technical corrections.
Sec. 3513. Authorization of appropriations.

      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 2005 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$9,165,145,000, to be allocated as follows:
            (1) For weapons activities, $6,674,898,000.
            (2) For defense nuclear nonproliferation activities, 
        $1,348,647,000.
            (3) For naval reactors, $797,900,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $343,700,000.
    (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:
                    Project 05-D-140, Readiness in Technical Base and 
                Facilities Program (RTBF), project engineering and 
                design (PED), various locations, $11,600,000.
                    Project 05-D-401, Building 12-64 production bays 
                upgrade, Pantex Plant, Amarillo, Texas, $25,000,000.
                    Project 05-D-402, Beryllium Capability (BeC) 
                Project, Y-12 National Security Complex, Oak Ridge, 
                Tennessee, $3,627,000.
            (2) For facilities and infrastructure recapitalization:
                    Project 05-D-160, Facilities and Infrastructure 
                Recapitalization Program (FIRP), project engineering 
                and design (PED), various locations, $8,700,000.
                    Project 05-D-601, compressed air upgrades, Y-12 
                National Security Complex, Oak Ridge, Tennessee, 
                $4,400,000.
                    Project 05-D-602, power grid infrastructure upgrade 
                (PGIU), Los Alamos National Laboratory, Los Alamos, New 
                Mexico, $10,000,000.
                    Project 05-D-603, new master substation, technical 
                areas I and IV, Sandia National Laboratories, 
                Albuquerque, New Mexico, $600,000.
            (3) For safeguards and security:
                    Project 05-D-170, safeguards and security, project 
                engineering and design (PED), various locations, 
                $17,000,000.
                    Project 05-D-701, security perimeter, Los Alamos 
                National Laboratory, Los Alamos, New Mexico, 
                $20,000,000.
            (4) For naval reactors:
                    Project 05-N-900, materials development facility 
                building, Schenectady, New York, $6,200,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2005 for 
environmental management activities in carrying out programs necessary 
for national security in the amount of $6,954,402,000, to be allocated 
as follows:
            (1) For defense site acceleration completion, 
        $5,971,932,000.
            (2) For defense environmental services, $982,470,000.
    (b) Authorization of New Plant Project.--From funds referred to in 
subsection (a)(2) 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 05-D-405, salt waste processing facility, Savannah 
        River Site, Aiken, South Carolina, $52,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2005 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$568,096,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2005 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 
$108,000,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY.

    (a) Limitation.--Of the amount authorized to be appropriated by 
section 3101(a)(1) for the National Nuclear Security Administration for 
weapons activities and available for the Modern Pit Facility, not more 
than 50 percent of such amount may be obligated or expended until 30 
days after the latter of the following:
            (1) The date of the submittal of the revised nuclear 
        weapons stockpile plan specified in the joint explanatory 
        statement to accompany the report of the Committee on 
        Conference on the bill H.R. 2754 of the 108th Congress.
            (2) The date on which the Administrator for Nuclear 
        Security submits to the congressional defense committees a 
        report setting forth the validated pit production requirements 
        for the Modern Pit Facility.
    (b) Validated Pit Production Requirements.--(1) The validated pit 
production requirements in the report under subsection (a)(2) shall be 
established by the Administrator in conjunction with the Chairman of 
the Nuclear Weapons Council.
    (2) The validated pit production requirements shall--
            (A) include specifications regarding the number of pits 
        that will be required to be produced in order to support the 
        weapons that will be retained in the nuclear weapons stockpile, 
        set forth by weapon type and by year; and
            (B) take into account any surge capacity that may be 
        included in the annual pit production capability.
    (c) Form of Report.--The report described in subsection (a)(2) 
shall be submitted in unclassified form, but may include a classified 
annex.

SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED NUCLEAR 
              WEAPONS CONCEPTS INITIATIVE.

    (a) Limitation.--None of the funds authorized to be appropriated by 
this title may be obligated or expended for purposes of additional or 
exploratory studies under the Advanced Nuclear Weapons Concepts 
Initiative until 30 days after the date on which the Administrator for 
Nuclear Security submits to the congressional defense committees a 
detailed report on the activities for such studies under the Initiative 
that are planned for fiscal year 2005.
    (b) Form of Report.--The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES 
              AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT 
              SELECTION DEADLINE.

    (a) Limited Authority To Carry Out New Projects.--Section 3114(a) 
of the National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended--
            (1) in the subsection caption, by striking ``Deadline 
        for'';
            (2) in paragraph (2), by striking ``No project'' and 
        inserting ``Except as provided in paragraph (3), no project''; 
        and
            (3) by adding at the end the following new paragraph:
    ``(3)(A) Subject to the provisions of this paragraph, a project 
described in subparagraph (B) may be carried out under the Facilities 
and Infrastructure Recapitalization Program after December 31, 2004, if 
the Administrator approves the project. The Administrator may not 
delegate the authority to approve projects under the preceding 
sentence.
    ``(B) A project described in this subparagraph is a project that 
consists of a specific building, facility, or other improvement 
(including fences, roads, or similar improvements).
    ``(C) Funds may not be obligated or expended for a project under 
this paragraph until 60 days after the date on which the Administrator 
submits to the congressional defense committees a notice on the 
project, including a description of the project and the nature of the 
project, a statement explaining why the project was not included in the 
Facilities and Infrastructure Recapitalization Program under paragraph 
(1), and a statement explaining why the project was not included in any 
other program under the jurisdiction of the Administrator.
    ``(D) The total number of projects that may be carried out under 
this paragraph in any fiscal year may not exceed five projects.
    ``(E) The Administrator may not utilize the authority in this 
paragraph until 60 days after the later of--
            ``(i) the date of the submittal to the congressional 
        defense committees of a list of the projects selected for 
        inclusion in the Facilities and Infrastructure Recapitalization 
        Program under paragraph (1); or
            ``(ii) the date of the submittal to the congressional 
        defense committees of the report required by subsection (c).
    ``(F) A project may not be carried out under this paragraph unless 
the project will be completed by September 30, 2011.''.
    (b) Construction of Authority.--The amendments made by subsection 
(a) may not be construed to authorize any delay in either of the 
following:
            (1) The selection of projects for inclusion in the 
        Facilities and Infrastructure Recapitalization Program under 
        subsection (a) of section 3114 of the National Defense 
        Authorization Act for Fiscal Year 2004.
            (2) The submittal of the report required by subsection (c) 
        of such section.

SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR 
              NATIONAL IGNITION FACILITY.

    (a) Notification on Milestones To Achieve Ignition.--Subsection (a) 
of section 3137 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 115 Stat. 1369) is amended by striking 
``each Level I milestone and Level II milestone for the National 
Ignition Facility.'' and inserting the following: ``each milestone for 
the National Ignition Facility as follows:
            ``(1) Each Level I milestone.
            ``(2) Each Level II milestone.
            ``(3) Each milestone to achieve ignition.''.
    (b) Report on Failure of Timely Achievement of Milestones.--
Subsection (b) of such section is amended by striking ``a Level I 
milestone or Level II milestone for the National Ignition Facility'' 
and inserting ``a milestone for the National Ignition Facility referred 
to in subsection (a)''.
    (c) Milestones To Achieve Ignition.--Subsection (c) of such section 
is amended to read as follows:
    ``(c) Milestones.--For purposes of this section:
            ``(1) The Level I and Level II milestones for the National 
        Ignition Facility are as established in the August 2000 revised 
        National Ignition Facility baseline document.
            ``(2) The milestones of the National Ignition Facility to 
        achieve ignition are such milestones (other than the milestones 
        referred to in paragraph (1)) as the Administrator shall 
        establish on any activities at the National Ignition Facility 
        that are required to enable the National Ignition Facility to 
        achieve ignition and be a fully functioning user facility by 
        December 31, 2011.''.
    (d) Submittal to Congress of Milestones To Achieve Ignition.--Not 
later than January 31, 2005, the Administrator for Nuclear Security 
shall submit to the congressional defense committees a report setting 
forth the milestones of the National Ignition Facility to achieve 
ignition as established by the Administration under subsection (c)(2) 
of section 3137 of the National Defense Authorization Act for Fiscal 
Year 2002, as amended by subsection (c) of this section. The report 
shall include--
            (1) a description of each milestone established; and
            (2) a proposal for the funding to be required to meet each 
        such milestone.
    (e) Extension of Sunset.--Subsection (d) of section 3137 of such 
Act is amended by striking ``September 30, 2004'' and inserting 
``December 31, 2011''.

SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR 
              STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN 
              THE NUCLEAR WEAPONS STOCKPILE.

    Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C. 
2523(c)) is amended is amended by striking ``March 15 of each year 
thereafter'' and inserting ``May 1 of each year thereafter''.

SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.

    (a) In General.--Notwithstanding any other provision of law, with 
respect to material stored at a Department of Energy site at which 
activities are regulated by the State pursuant to approved closure 
plans or permits issued by the State, high-level radioactive waste does 
not include radioactive material resulting from the reprocessing of 
spent nuclear fuel that the Secretary of Energy determines--
            (1) does not require permanent isolation in a deep geologic 
        repository for spent fuel or highly radioactive waste pursuant 
        to criteria promulgated by the Department of Energy by rule 
        approved by the Nuclear Regulatory Commission;
            (2) has had highly radioactive radionuclides removed to the 
        maximum extent practical in accordance with the Nuclear 
        Regulatory Commission-approved criteria; and
            (3) in the case of material derived from the storage tanks, 
        is disposed of in a facility (including a tank) within the 
        State pursuant to a State-approved closure plan or a State-
        issued permit, authority for the approval or issuance of which 
        is conferred on the State outside of this Act.
    (b) Inapplicability to Certain Materials.--Subsection (a) shall not 
apply to any material otherwise covered by that subsection that is 
transported from the State.
    (c) Scope of Authority To Carry Out Actions.--The Department of 
Energy may implement any action authorized--
            (1) by a State-approved closure plan or State-issued permit 
        in existence on the date of enactment of this section; or
            (2) by a closure plan approved by the State or a permit 
        issued by the State during the pendency of the rulemaking 
        provided for in subsection (a).
Any such action may be completed pursuant to the terms of the closure 
plan or the State-issued permit notwithstanding the final criteria 
adopted by the rulemaking pursuant to subsection (a).
    (d) State Defined.--In this section, the term ``State'' means the 
State of South Carolina.
    (e) Construction.--(1) Nothing in this section shall affect, alter, 
or modify the full implementation of--
            (A) the settlement agreement entered into by the United 
        States with the State of Idaho in the actions captioned Public 
        Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and 
        United States v. Batt, Civil No. 91-0054-S-EJL, in the United 
        States District Court for the District of Idaho, and the 
        consent order of the United States District Court for the 
        District of Idaho, dated October 17, 1995, that effectuates the 
        settlement agreement;
            (B) the Idaho National Engineering Laboratory Federal 
        Facility Agreement and Consent Order; or
            (C) the Hanford Federal Facility Agreement and Consent 
        Order.
    (2) Nothing in this section establishes any precedent or is binding 
on the State of Idaho, the State of Washington, the State of Oregon, or 
any other State for the management, storage, treatment, and disposition 
of radioactive and hazardous materials.

SEC. 3117.NATIONAL ACADEMY OF SCIENCES STUDY.

    (a) Review by National Research Council.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Energy 
shall enter into a contract with the National Research Council of the 
National Academies to conduct a study of the necessary technologies and 
research gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the Department's 
sites in South Carolina, Washington and Idaho.
    (b) Matters To Be Addressed in Study.--The study shall address the 
following:
            (1) the quantities and characteristics of waste in each 
        high-level waste storage tank described in paragraph (a), 
        including data uncertainties;
            (2) the technologies by which high-level radioactive waste 
        is currently being removed from the tanks for final disposal 
        under the Nuclear Waste Policy Act;
            (3) technologies currently available but not in use in 
        removing high-level radioactive waste from the tanks;
            (4) any technology gaps that exist to effect the removal of 
        high-level radioactive waste from the tanks;
            (5) other matters that in the judgement of the National 
        Research Council directly relate to the focus of this study.
    (c) Time Limitation--The National Research Council shall conduct 
the review over a one year period beginning upon execution of the 
contract described in subsection (a).
    (d) Reports.--(1) The National Research Council shall submit its 
findings, conclusions and recommendations to the Secretary of Energy 
and to the relevant Committees of jurisdiction of the United States 
Senate and House of Representatives.
            (2) The final report shall be submitted in unclassified 
        form with classified annexes as necessary.
    (e) Provision of Information.--The Secretary of Energy shall make 
available to the National Research Council all of the information 
necessary to complete its report in a timely manner.
    (f) Expedited Processing of Security Clearances.--For purposes of 
facilitating the commencement of the study under this section, the 
Secretary of Energy shall expedite to the fullest degree possible the 
processing of security clearances that are necessary for the National 
Research Council to conduct the study.
    (g) Funding.--Of the amount authorized to be appropriated in 
section 3102(a)(1) for environmental management for defense site 
acceleration completion, $750,000 shall be available for the study 
authorized under this section.

SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.

    (a) Annual Report Required.--Subtitle C of title XLVII of the 
Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding 
at the end the following new section:

``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS AND SECURITY.

    ``The Secretary of Energy shall submit to Congress each year, in 
the budget justification materials submitted to Congress in support of 
the budget of the President for the fiscal year beginning in such year 
(as submitted under section 1105(a) of title 31, United States Code), 
the following:
            ``(1) A detailed description and accounting of the proposed 
        obligations and expenditures by the Department of Energy for 
        safeguards and security in carrying out programs necessary for 
        the national security for the fiscal year covered by such 
        budget, including any technologies on safeguards and security 
        proposed to be deployed or implemented during such fiscal year.
            ``(2) With respect to the fiscal year ending in the year 
        before the year in which such budget is submitted, a detailed 
        description and accounting of--
                    ``(A) the policy on safeguards and security, 
                including any modifications in such policy adopted or 
                implemented during such fiscal year;
                    ``(B) any initiatives on safeguards and security in 
                effect or implemented during such fiscal year;
                    ``(C) the amount obligated and expended for 
                safeguards and security during such fiscal year, set 
                forth by total amount, by amount per program, and by 
                amount per facility; and
                    ``(D) the technologies on safeguards and security 
                deployed or implemented during such fiscal year.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 4731 the 
following new item:

``Sec. 4732. Annual report on expenditures for safeguards and 
                            security.''.

SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE OFFICES OF 
              DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION WITHIN NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION.

    (a) Authority.--The Secretary of Energy may consolidate the 
counterintelligence programs and functions referred to in subsection 
(b) within the Office of Defense Nuclear Counterintelligence of the 
National Nuclear Security Administration and provide for their 
discharge by that Office.
    (b) Covered Programs and Functions.--The programs and functions 
referred to in this subsection are as follows:
            (1) The functions and programs of the Office of 
        Counterintelligence of the Department of Energy under section 
        215 of the Department of Energy Organization Act (42 U.S.C. 
        7144b).
            (2) The functions and programs of the Office of Defense 
        Nuclear Counterintelligence of the National Nuclear Security 
        Administration under section 3232 of the National Nuclear 
        Security Administration Act (50 U.S.C. 2422), including the 
        counterintelligence programs under section 3233 of that Act (50 
        U.S.C. 2423).
    (c) Establishment of Policy.--The Secretary shall have the 
responsibility to establish policy for the discharge of the 
counterintelligence programs and functions consolidated within the 
National Nuclear Security Administration under subsection (a) as 
provided for under section 213 of the Department of Energy Organization 
Act (42 U.S.C. 7144).
    (d) Preservation of Counterintelligence Capability.--In 
consolidating counterintelligence programs and functions within the 
National Nuclear Security Administration under subsection (a), the 
Secretary shall ensure that the counterintelligence capabilities of the 
Department of Energy and the National Nuclear Security Administration 
are in no way degraded or compromised.
    (e) Report on Exercise of Authority.--In the event the Secretary 
exercises the authority in subsection (a), the Secretary shall submit 
to the congressional defense committees a report on the exercise of the 
authority. The report shall include--
            (1) a description of the manner in which the 
        counterintelligence programs and functions referred to in 
        subsection (b) shall be consolidated within the Office of 
        Defense Nuclear Counterintelligence of the National Nuclear 
        Security Administration and discharged by that Office;
            (2) a notice of the date on which that Office shall 
        commence the discharge of such programs and functions, as so 
        consolidated; and
            (3) a proposal for such legislative action as the Secretary 
        considers appropriate to effectuate the discharge of such 
        programs and functions, as so consolidated, by that Office.
    (f) Deadline for Exercise of Authority.--The authority in 
subsection (a) may be exercised, if at all, not later than one year 
after the date of the enactment of this Act.

SEC. 3120. TREATMENT OF WASTE MATERIAL.

    (a) Availability of Funds for Treatment.--Of the amount authorized 
to be appropriated by section 3102(a)(1) for environmental management 
for defense site acceleration completion, $350,000,000 shall be 
available for the following purposes at the sites referred to in 
subsection (b):
            (1) The safe management of tanks or tank farms used to 
        store waste from reprocessing activities.
            (2) The on-site treatment and storage of wastes from 
        reprocessing activities and related waste.
            (3) The consolidation of tank waste.
            (4) The emptying and cleaning of storage tanks.
            (5) Actions under section 3116.
    (b) Sites.--The sites referred to in this subsection are as 
follows:
            (1) The Idaho National Engineering and Environmental 
        Laboratory, Idaho.
            (2) The Savannah River Site, Aiken, South Carolina.
            (3) The Hanford Site, Richland, Washington.
    (c) Effective Date.--This section shall become effective 1 day 
after enactment.

SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF ENERGY 
              ENVIRONMENTAL MANAGEMENT 2006 CLOSURE SITES.

    (a) Establishment.--(1) The Secretary of Energy shall establish for 
each Department of Energy Environmental Management 2006 closure site a 
local stakeholder organization having the responsibilities set forth in 
subsection (c).
    (2) The local stakeholder organization shall be established in 
consultation with interested elected officials of local governments in 
the vicinity of the closure site concerned.
    (b) Composition.--A local stakeholder organization for a Department 
of Energy Environmental Management 2006 closure site under subsection 
(a) shall be composed of such elected officials of local governments in 
the vicinity of the closure site concerned as the Secretary considers 
appropriate to carry out the responsibilities set forth in subsection 
(c) who agree to serve on the organization, or the designees of such 
officials.
    (c) Responsibilities.--A local stakeholder organization for a 
Department of Energy Environmental Management 2006 closure site under 
subsection (a) shall--
            (1) solicit and encourage public participation in 
        appropriate activities relating to the closure and post-closure 
        operations of the site;
            (2) disseminate information on the closure and post-closure 
        operations of the site to the State government of the State in 
        which the site is located, local and Tribal governments in the 
        vicinity of the site, and persons and entities having a stake 
        in the closure or post-closure operations of the site;
            (3) transmit to appropriate officers and employees of the 
        Department of Energy questions and concerns of governments, 
        persons, and entities referred to paragraph (2) on the closure 
        and post-closure operations of the site; and
            (4) perform such other duties as the Secretary and the 
        local stakeholder organization jointly determine appropriate to 
        assist the Secretary in meeting post-closure obligations of the 
        Department at the site.
    (d) Deadline for Establishment.--The local stakeholder organization 
for a Department of Energy Environmental Management 2006 closure site 
shall be established not later than six months before the closure of 
the site.
    (e) Inapplicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to local 
stakeholder organizations under this section.
    (f) Department of Energy Environmental Management 2006 Closure Site 
Defined.--In this section, the term ``Department of Energy 
Environmental Management 2006 closure site'' means each clean up site 
of the Department of Energy scheduled by the Department as of January 
1, 2004, for closure in 2006.

SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN 
              WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Assistant Secretary of Energy for 
Environmental Management shall submit to the Secretary of Energy a 
report on the maintenance of retirements benefits for workers at 
Department of Energy 2006 closure sites after the closure of such 
sites.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) The number of workers at Department of Energy 2006 
        closure sites that could lose retirement benefits as a result 
        of the early closure of such a site.
            (2) The impact on collective bargaining agreements with 
        workers at Department of Energy 2006 closure sites of the loss 
        of their retirement benefits as described in paragraph (1).
            (3) The cost of providing retirement benefits, after the 
        closure of Department of Energy 2006 closure sites, to workers 
        at such sites who would otherwise lose their benefits as 
        described in paragraph (1) after the closure of such sites.
    (c) Transmittal to Congress.--Not later than 30 days after 
receiving the report under subsection (a), the Secretary shall transmit 
the report to Congress, together with such recommendations, including 
recommendations for legislative action, as the Secretary considers 
appropriate.
    (d) Definitions.--In this section:
            (1) The term ``Department of Energy 2006 closure site'' 
        means the following:
                    (A) The Rocky Flats Environmental Technology Site, 
                Colorado.
                    (B) The Fernald Plant, Ohio.
                    (C) The Mound Plant, Ohio.
            (2) The term ``worker'' means any employee who is employed 
        by contract to perform cleanup, security, or administrative 
        duties or responsibilities at a Department of Energy 2006 
        closure site.
            (3) The term ``retirement benefits'' means health, pension, 
        and any other retirement benefits.

SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY 
              ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.

    (a) Study.--(1) The Administrator for Nuclear Security shall enter 
into a contract with a Federally Funded Research and Development Center 
(FFRDC) providing for a study to assess the efforts of the National 
Nuclear Security Administration to understand the aging of plutonium in 
nuclear weapons.
    (2) The Administrator shall make available to the FFRDC contractor 
under this subsection all information that is necessary for the 
contractor to successfully complete a meaningful study on a timely 
basis.
    (b) Report Required.--(1) Not later than two years after the date 
of the enactment of this Act, the Administrator shall submit to 
Congress a report on the findings of the study on the efforts of the 
Administration to understand the aging of plutonium in nuclear weapons.
    (2) The report shall include the recommendations of the study for 
improving the knowledge, understanding, and application of the 
fundamental and applied sciences related to the study of plutonium 
aging.
    (3) The report shall be submitted in unclassified form, but may 
include a classified annex.

                   Subtitle C--Proliferation Matters

SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR 
              MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS 
              OUTSIDE THE FORMER SOVIET UNION.

    (a) Applicability of Authority Limited to Projects Not Previously 
Authorized.--Subsection (a) of section 3124 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1747) is amended by inserting ``that has not previously been authorized 
by Congress'' after ``states of the former Soviet Union''.
    (b) Repeal of Limitation on Total Amount of Obligation.--Such 
section is further amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (d), and (e), respectively.

SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, 
              RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT 
              VULNERABLE SITES WORLDWIDE.

    (a) Sense of Congress.--(1) It is the sense of Congress that the 
security, including the rapid removal or secure storage, of high-risk, 
proliferation-attractive fissile materials, radiological materials, and 
related equipment at vulnerable sites worldwide should be a top 
priority among the activities to achieve the national security of the 
United States.
    (2) It is the sense of Congress that the President may establish in 
the Department of Energy a task force to be known as the Task Force on 
Nuclear Materials to carry out the program authorized by subsection 
(b).
    (b) Program Authorized.--The Secretary of Energy may carry out a 
program to undertake an accelerated, comprehensive worldwide effort to 
mitigate the threats posed by high-risk, proliferation-attractive 
fissile materials, radiological materials, and related equipment 
located at sites potentially vulnerable to theft or diversion.
    (c) Program Elements.--(1) Activities under the program under 
subsection (b) may include the following:
            (A) Accelerated efforts to secure, remove, or eliminate 
        proliferation-attractive fissile materials or radiological 
        materials in research reactors, other reactors, and other 
        facilities worldwide.
            (B) Arrangements for the secure shipment of proliferation-
        attractive fissile materials, radiological materials, and 
        related equipment to other countries willing to accept such 
        materials and equipment, or to the United States if such 
        countries cannot be identified, and the provision of secure 
        storage or disposition of such materials and equipment 
        following shipment.
            (C) The transportation of proliferation-attractive fissile 
        materials, radiological materials, and related equipment from 
        sites identified as proliferation risks to secure facilities in 
        other countries or in the United States.
            (D) The processing and packaging of proliferation-
        attractive fissile materials, radiological materials, and 
        related equipment in accordance with required standards for 
        transport, storage, and disposition.
            (E) The provision of interim security upgrades for 
        vulnerable, proliferation-attractive fissile materials and 
        radiological materials and related equipment pending their 
        removal from their current sites.
            (F) The utilization of funds to upgrade security and 
        accounting at sites where proliferation-attractive fissile 
        materials or radiological materials will remain for an extended 
        period of time in order to ensure that such materials are 
        secure against plausible potential threats and will remain so 
        in the future.
            (G) The management of proliferation-attractive fissile 
        materials, radiological materials, and related equipment at 
        secure facilities.
            (H) Actions to ensure that security, including security 
        upgrades at sites and facilities for the storage or disposition 
        of proliferation-attractive fissile materials, radiological 
        materials, and related equipment, continues to function as 
        intended.
            (I) The provision of technical support to the International 
        Atomic Energy Agency (IAEA), other countries, and other 
        entities to facilitate removal of, and security upgrades to 
        facilities that contain, proliferation-attractive fissile 
        materials, radiological materials, and related equipment 
        worldwide.
            (J) The development of alternative fuels and irradiation 
        targets based on low-enriched uranium to convert research or 
        other reactors fueled by highly-enriched uranium to such 
        alternative fuels, as well as the conversion of reactors and 
        irradiation targets employing highly-enriched uranium to 
        employment of such alternative fuels and targets.
            (K) Accelerated actions for the blend down of highly-
        enriched uranium to low-enriched uranium.
            (L) The provision of assistance in the closure and 
        decommissioning of sites identified as presenting risks of 
        proliferation of proliferation-attractive fissile materials, 
        radiological materials, and related equipment.
            (M) Programs to--
                    (i) assist in the placement of employees displaced 
                as a result of actions pursuant to the program in 
                enterprises not representing a proliferation threat; 
                and
                    (ii) convert sites identified as presenting risks 
                of proliferation regarding proliferation-attractive 
                fissile materials, radiological materials, and related 
                equipment to purposes not representing a proliferation 
                threat to the extent necessary to eliminate the 
                proliferation threat.
    (2) The Secretary of Energy shall, in coordination with the 
Secretary of State, carry out the program in consultation with, and 
with the assistance of, appropriate departments, agencies, and other 
entities of the United States Government.
    (3) The Secretary of Energy shall, with the concurrence of the 
Secretary of State, carry out activities under the program in 
collaboration with such foreign governments, non-governmental 
organizations, and other international entities as the Secretary 
considers appropriate for the program.
    (d) Reports.--(1) Not later than March 15, 2005, the Secretary 
shall submit to Congress a classified interim report on the program 
under subsection (b).
    (2) Not later than January 1, 2006, the Secretary shall submit to 
Congress a classified final report that includes the following:
            (A) A survey by the Secretary of the facilities and sites 
        worldwide that contain proliferation-attractive fissile 
        materials, radiological materials, or related equipment.
            (B) A list of sites determined by the Secretary to be of 
        the highest priority, taking into account risk of theft from 
        such sites, for removal or security of proliferation-attractive 
        fissile materials, radiological materials, or related 
        equipment, organized by level of priority.
            (C) A plan, including activities under the program under 
        this section, for the removal, security, or both of 
        proliferation-attractive fissile materials, radiological 
        materials, or related equipment at vulnerable facilities and 
        sites worldwide, including measurable milestones, metrics, and 
        estimated costs for the implementation of the plan.
    (3) A summary of each report under this subsection shall also be 
submitted to Congress in unclassified form.
    (e) Funding.--Amounts authorized to be appropriated to the 
Secretary of Energy for defense nuclear nonproliferation activities 
shall be available for purposes of the program under this section.
    (f) Definitions.--In this section:
            (1) The term ``fissile materials'' means plutonium, highly-
        enriched uranium, or other material capable of sustaining an 
        explosive nuclear chain reaction, including irradiated items 
        containing such materials if the radiation field from such 
        items is not sufficient to prevent the theft or misuse of such 
        items.
            (2) The term ``radiological materials'' includes Americium-
        241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, 
        Plutonium-238, Radium-226 and Strontium-90, Curium-244, 
        Strontium-90, and irradiated items containing such materials, 
        or other materials designated by the Secretary of Energy for 
        purposes of this paragraph.
            (3) The term ``related equipment'' includes equipment 
        useful for enrichment of uranium in the isotope 235 and for 
        extraction of fissile materials from irradiated fuel rods and 
        other equipment designated by the Secretary of Energy for 
        purposes of this section.
            (4) The term ``highly-enriched uranium'' means uranium 
        enriched to or above 20 percent in isotope 235.
            (5) The term ``low-enriched uranium'' means uranium 
        enriched below 20 percent in isotope 235.
            (6) The term ``proliferation-attractive'', in the case of 
        fissile materials and radiological materials, means quantities 
        and types of such materials that are determined by the 
        Secretary of Energy to present a significant risk to the 
        national security of the United States if diverted to a use 
        relating to proliferation.

                       Subtitle D--Other Matters

SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS.

    Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 
2210(d)(1)(A)) is amended by striking ``until December 31, 2004'' and 
inserting ``until December 31, 2006''.

SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
              SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

    Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 
2701(c)(1)) is amended by striking ``September 30, 2004'' and inserting 
``September 30, 2006''.

SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
              COMPENSATION PROGRAM AUTHORITIES.

    (a) State Agreements.--Section 3661 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-394) (42 U.S.C. 7385o) is amended--
            (1) in subsection (b), by striking ``Pursuant to agreements 
        under subsection (a), the'' and inserting ``The'';
            (2) in subsection (c), by striking ``provided in an 
        agreement under subsection (a), and if''; and
            (3) in subsection (e), by striking ``If provided in an 
        agreement under subsection (a)'' and inserting ``If a panel has 
        reported a determination under subsection (d)(5)''.
    (b) Physician Panels.--Subsection (d) of such section is amended by 
striking paragraph (2) and inserting the following new paragraph (2):
    ``(2) The Secretary of Health and Human Services shall, in 
consultation with the Secretary of Energy, select the individuals to 
serve as panel members based on experience and competency in diagnosing 
occupational illnesses. The Secretary shall appoint the individuals so 
selected as panel members or shall obtain by contract the services of 
such individuals as panel members.''.

SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS 
              NATIONAL LABORATORY, NEW MEXICO.

    The Secretary of Energy shall require that the primary management 
and operations contract for Los Alamos National Laboratory, New Mexico, 
that involves Laboratory operations after September 30, 2005, shall 
contain terms requiring the contractor under such contract to provide 
support to the Los Alamos Public School District, New Mexico, for the 
elementary and secondary education of students by the School District 
in the amount of $8,000,000 in each fiscal year.

SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT 
              TO COMPETITIVE CONTRACT.

    (a) Contract Requirement.--The Secretary of Energy shall use 
competitive procedures to enter into a contract to conduct independent 
reviews and evaluations of the design, construction, and operations of 
the Waste Isolation Pilot Plant in New Mexico (hereafter in this 
section referred as the ``WIPP'') as they relate to the protection of 
the public health and safety and the environment. The contract shall be 
for a period of one year, beginning on October 1, 2004, and shall be 
renewable for four additional one-year periods with the consent of the 
contractor and subject to the authorization and appropriation of funds 
for such purpose.
    (b) Content of Contract.--A contract entered into under subsection 
(a) shall require the following:
            (1) The contractor shall appoint a Director and Deputy 
        Director, who shall be scientists of national eminence in the 
        field of nuclear waste disposal, shall be free from any biases 
        related to the activities of the WIPP, and shall be widely 
        known for their integrity and scientific expertise.
            (2) The Director shall appoint staff. The professional 
        staff shall consist of scientists and engineers of recognized 
        integrity and scientific expertise who represent scientific and 
        engineering disciplines needed for a thorough review of the 
        WIPP, including disciplines such as geology, hydrology, health 
        physics, environmental engineering, probability risk analysis, 
        mining engineering, and radiation chemistry. The disciplines 
        represented in the staff shall change as may be necessary to 
        meet changed needs in carrying out the contract for expertise 
        in any certain scientific or engineering discipline. Scientists 
        employed under the contract shall have qualifications and 
        experience equivalent to the qualifications and experience 
        required for scientists employed by the Federal Government in 
        grades GS-13 through GS-15.
            (3) Scientists employed under the contract shall have an 
        appropriate support staff.
            (4) The Director and Deputy Director shall each be 
        appointed for a term of 5 years, subject to contract renewal, 
        and may be removed only for misconduct or incompetence. The 
        staff shall be appointed for such terms as the Director 
        considers appropriate.
            (5) The rates of pay of professional staff and the 
        procedures for increasing the rates of pay of professional 
        staff shall be equivalent to those rates and procedures 
        provided for the General Schedule pay system under chapter 53 
        of title 5, United States Code.
            (6) The results of reviews and evaluations carried out 
        under the contract shall be published.
    (c) Administration.--The contractor shall establish general 
policies and guidelines to be used by the Director in carrying out the 
work under the contract.

SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, HOMESTEADERS 
              FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD 
              WAR II.

    (a) Establishment of Compensation Fund.--There is established in 
the Treasury of the United States a fund to be known as the Pajarito 
Plateau Homesteaders Compensation Fund (in this section referred to as 
the ``Fund''). The Fund shall be dedicated to the settlement of the two 
lawsuits in the United States District Court for the District of New 
Mexico consolidated as Civ. No. 00-60.
    (b) Elements of Fund.--The Fund shall consist of the following:
            (1) Amounts available for deposit in the Fund under 
        subsection (j).
            (2) Interest earned on amounts in the Fund under subsection 
        (g).
    (c) Use of Fund.--The Fund shall be available for the settlement of 
the consolidated lawsuits in accordance with the following 
requirements:
            (1) The settlement shall be subject to preliminary and 
        final approval by the Court in accordance with rule 23(e) of 
        the Federal Rules of Civil Procedure.
            (2) Lead Counsel and Counsel for the United States of 
        America shall recommend to the Court reasonable procedures by 
        which the claims for monies from the Fund shall be 
        administered, which recommendations shall include mechanisms--
                    (A) to identify class members;
                    (B) to receive claims from class members so 
                identified;
                    (C) to determine in accordance with subsection (d) 
                eligible claimants from among class members submitting 
                claims; and
                    (D) to resolve contests, if any, among eligible 
                claimants with respect to a particular eligible tract 
                regarding the disbursement of monies in the Fund with 
                respect to such eligible tract.
            (3) Lead Counsel and Counsel for the United States of 
        America shall provide evidence to the Court to assist the Court 
        in--
                    (A) identifying each class member by name and 
                whereabouts;
                    (B) providing notice of the settlement process for 
                the consolidated lawsuits to each class member so 
                identified; and
                    (C) providing the forms, and describing the 
                procedure, for making claims to each class member so 
                identified.
            (4) After the provision of notice to class members under 
        paragraph (3), if, within a time period to be established by 
        the Court, more than 10 percent of the class members submit to 
        the Court written notice of their determination to be excluded 
        from participation in the settlement of the consolidated 
        lawsuits--
                    (A) the Fund shall not serve as the basis for the 
                settlement of the consolidated lawsuits and the 
                provisions of this section shall have no further force 
                or effect; and
                    (B) amounts in the Fund shall not be disbursed, but 
                shall be retained in the Treasury as miscellaneous 
                receipts.
            (5) The Court may award attorney fees and expenses from the 
        Fund pursuant to rule 23 of the Federal Rules of Civil 
        Procedure, except that the award of attorney fees may not 
        exceed 20 percent of the Fund and the award of expenses may not 
        exceed 2 percent of the Fund. Any attorney fees and expenses so 
        paid shall be paid from the Fund before distribution of the 
        amount in the Fund to eligible claimants entitled thereto.
            (6) The Fund shall be available to pay settlement awards in 
        accordance with the following:
                    (A) The balance of the amount of the Fund that is 
                available for disbursement after any award of attorney 
                fees and expenses under paragraph (5) shall be 
                allocated proportionally by eligible tract according to 
                its acreage as compared with all eligible tracts.
                    (B) The allocation for each eligible tract shall be 
                allocated pro rata among all eligible claimants having 
                an interest in such eligible tract according to the 
                extent of their interest in such eligible tract, as 
                determined under the laws of the State of New Mexico.
                    (C) Payments from the Fund under this paragraph 
                shall be made by the Secretary of the Treasury.
            (7) Any amounts available for disbursement with respect to 
        an eligible tract that are not awarded to eligible claimants 
        with respect to that tract by reason of paragraph (6)(B) shall 
        be retained in the Treasury as miscellaneous receipts.
    (d) Eligible Claimants.--(1) For purposes of this section, an 
eligible claimant is any class member determined by the Court, by a 
preponderance of evidence and pursuant to procedures established under 
subsection (c)(2), to be a person or entity who held a fee simple 
ownership in an eligible tract at the time of its acquisition by the 
United States during World War II for use in the Manhattan Project, or 
the heir, successor in interest, assignee, or beneficiary of such a 
person or entity.
    (2) The status of a person or entity as an heir, successor in 
interest, assignee, or beneficiary for purposes of this subsection 
shall be determined under the laws of the State of New Mexico, 
including the descent and distribution law of the State of New Mexico.
    (e) Full Resolution of Claims Against United States.--(1) The 
acceptance of a disbursement from the Fund by an eligible claimant 
under this section shall constitute a final and complete release of the 
defendants in the consolidated lawsuits with respect to such eligible 
claimant, and shall be in full satisfaction of any and all claims of 
such eligible claimant against the United States arising out of acts 
described in the consolidated lawsuits.
    (2) Upon the disbursement of the amount in the Fund to eligible 
claimants entitled thereto under this section, the Court shall, subject 
to the provisions of rule 23(e) of the Federal Rules of Civil 
Procedure, enter a final judgment dismissing with prejudice the 
consolidated lawsuits and all claims and potential claims on matters 
covered by the consolidated lawsuits.
    (f) Compensation Limited to Amounts in Fund.--(1) An eligible 
claimant may be paid under this section only from amounts in the Fund.
    (2) Nothing in this section shall authorize the payment to a class 
member by the United States Government of any amount authorized by this 
section from any source other than the Fund.
    (g) Investment of Fund.--(1) The Secretary of the Treasury shall, 
in accordance with the requirements of section 9702 of title 31, United 
States Code, and the provisions of this subsection, direct the form and 
manner by which the Fund shall be safeguarded and invested so as to 
maximize its safety while earning a return comparable to other common 
funds in which the United States Treasury is the source of payment.
    (2) Interest on the amount deposited in the Fund shall accrue from 
the date of the enactment of the Act appropriating amounts for deposit 
in the Fund until the date on which the Secretary of the Treasury 
disburses the amount in the Fund to eligible claimants who are entitled 
thereto under subsection (c).
    (h) Preservation of Records.--(1) All documents, personal 
testimony, and other records created or received by the Court in the 
consolidated lawsuits shall be kept and maintained by the Archivist of 
the United States, who shall preserve such documents, testimony, and 
records in the National Archives of the United States.
    (2) The Archivist shall make available to the public the materials 
kept and maintained under paragraph (1).
    (i) Definitions.--In this section:
            (1) The term ``Court'' means the United States District 
        Court for the District of New Mexico having jurisdiction over 
        the consolidated lawsuits.
            (2) The term ``consolidated lawsuits'' means the two 
        lawsuits in the United States District Court for the District 
        of New Mexico consolidated as Civ. No. 00-60.
            (3)(A) The term ``eligible tract'' means private real 
        property located on the Pajarito Plateau of what is now Los 
        Alamos County, New Mexico, that was acquired by the United 
        States during World War II for use in the Manhattan Project and 
        which is the subject of the consolidated lawsuits.
            (B) The term does not include lands of the Los Alamos Ranch 
        School and of the A.M. Ross Estate (doing business as Anchor 
        Ranch).
            (4) The term ``class member'' means the following:
                    (A) Any person or entity who claims to have held a 
                fee simple ownership in an eligible tract at the time 
                of its acquisition by the United States during World 
                War II for use in the Manhattan Project.
                    (B) Any person or entity claiming to be the heir, 
                successor in interest, assignee, or beneficiary of a 
                person or entity who held a fee simple ownership in an 
                eligible tract at the time of its acquisition by the 
                United States during World War II for use in the 
                Manhattan Project.
    (j) Funding.--Of the amount authorized to be appropriated by 
section 3101(a)(4) for the National Nuclear Security Administration for 
the Office of the Administrator for Nuclear Security, $10,000,000 shall 
be available for deposit in the Fund under subsection (b)(1).

 Subtitle E--Energy Employees Occupational Illness Compensation Program

SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF ENERGY 
              EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

    Notwithstanding any other provision of this Act, section 3143, 
relating to enhancements of the Energy Employees Occupational Illness 
Compensation Program, shall have no force or effect, and the amendments 
specified in such section shall not be made.

SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY EMPLOYEES 
              UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION 
              PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA 
              REGION.

    (a) Findings.--The Senate makes the following findings:
            (1) New York has 36 current or former Department of Energy 
        facilities involved in nuclear weapons production-related 
        activities statewide, mostly atomic weapons employer 
        facilities, and 14 such facilities in western New York. Despite 
        having one of the greatest concentrations of such facilities in 
        the United States, western New York, and abutting areas of 
        Pennsylvania, continue to be severely underserved by the Energy 
        Employees Occupational Illness Compensation Program under the 
        Energy Employees Occupational Illness Compensation Program Act 
        of 2000 (title XXXVI of the Floyd D. Spence National Defense 
        Authorization Act for Fiscal Year 2001 (as enacted into law by 
        Public Law 106-398); 42 U.S.C. 7384 et seq.).
            (2) The establishment of a permanent resource center in 
        western New York would represent a substantial step toward 
        improving services under the Energy Employees Occupational 
        Illness Compensation Program for energy employees in this 
        region.
            (3) The number of claims submitted to the Department under 
        subtitle B of the Energy Employees Occupational Illness 
        Compensation Program Act of 2000 from the western New York 
        region, including western Pennsylvania, exceeds the number of 
        such claims filed at resource centers in Hanford, Washington, 
        Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test Site, 
        Nevada, the Rocky Flats Environmental Technology Site, 
        Colorado, the Idaho National Engineering Laboratory, Idaho, and 
        the Amchitka Test Site, Alaska.
            (4) Energy employees in the western New York region, 
        including western Pennsylvania, deserve assistance under 
        subtitle B of the Energy Employees Occupational Illness 
        Compensation Program Act of 2000 commensurate with the 
        assistance provided energy employees at other locations in the 
        United States.
    (b) Sense of Senate.--It is the sense of the Senate to encourage 
the Office of Ombudsman of the Department of Labor, as established by 
section 3669 of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (as amended by section 3163 of this Act), to--
            (1) review the availability of assistance under subtitle B 
        of the Energy Employees Occupational Illness Compensation 
        Program Act of 2000 for energy employees in the western New 
        York region, including western Pennsylvania; and
            (2) recommend a location in that region for a resource 
        center to provide such assistance to such energy employees.

SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DESIGNATED BY PRESIDENT AS 
              MEMBERS OF COHORT.

    Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 7384l(14)(C)(ii)) 
is amended by striking ``180 days'' and inserting ``60 days.''

SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS PROGRAM WORKERS 
              IN SPECIAL EXPOSURE COHORT UNDER THE ENERGY EMPLOYEES 
              OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

    (a) Findings.--Congress makes the following findings:
            (1) Energy workers at the former Mallinkrodt facilities 
        (including the St. Louis downtown facility and the Weldon 
        Springs facility) were exposed to levels of radionuclides and 
        radioactive materials that were much greater than the current 
        maximum allowable Federal standards.
            (2) The Mallinkrodt workers at the St. Louis site were 
        exposed to excessive levels of airborne uranium dust relative 
        to the standards in effect during the time, and many workers 
        were exposed to 200 times the preferred levels of exposure.
            (3)(A) The chief safety officer for the Atomic Energy 
        Commission during the Mallinkrodt-St. Louis operations 
        described the facility as 1 of the 2 worst plants with respect 
        to worker exposures.
            (B) Workers were excreting in excess of a milligram of 
        uranium per day causing kidney damage.
            (C) A recent epidemiological study found excess levels of 
        nephritis and kidney cancer from inhalation of uranium dusts.
            (4) The Department of Energy has admitted that those 
        Mallinkrodt workers were subjected to risks and had their 
        health endangered as a result of working with these highly 
        radioactive materials.
            (5) The Department of Energy reported that workers at the 
        Weldon Springs feed materials plant handled plutonium and 
        recycled uranium, which are highly radioactive.
            (6) The National Institute of Occupational Safety and 
        Health admits that--
                    (A) the operations at the St. Louis downtown site 
                consisted of intense periods of processing extremely 
                high levels of radionuclides; and
                    (B) the Institute has virtually no personal 
                monitoring data for Mallinkrodt workers prior to 1948.
            (7) The National Institute of Occupational Safety and 
        Health has informed claimants and their survivors at those 3 
        Mallinkrodt sites that if they are not interviewed as a part of 
        the dose reconstruction process, it--
                    (A) would hinder the ability of the Institute to 
                conduct dose reconstruction for the claimant; and
                    (B) may result in a dose reconstruction that 
                incompletely or inaccurately estimates the radiation 
                dose to which the energy employee named in the claim 
                had been exposed.
            (8) Energy workers at the Iowa Army Ammunition Plant (also 
        known as the Burlington Atomic Energy Commission Plant and the 
        Iowa Ordnance Plant) between 1947 and 1975 were exposed to 
        levels of radionuclides and radioactive material, including 
        enriched uranium, plutonium, tritium, and depleted uranium, in 
        addition to beryllium and photon radiation, that are greater 
        than the current maximum Federal standards for exposure.
            (9) According to the National Institute of Occupational 
        Safety and Health--
                    (A) between 1947 and 1975, no records, including 
                bioassays or air samples, have been located that 
                indicate any monitoring occurred of internal doses of 
                radiation to which workers described in paragraph (8) 
                were exposed;
                    (B) between 1947 and 1955, no records, including 
                dosimetry badges, have been located to indicate that 
                any monitoring occurred of the external doses of 
                radiation to which such workers were exposed;
                    (C) between 1955 and 1962, records indicate that 
                only 8 to 23 workers in a workforce of over 1,000 were 
                monitored for external radiation doses; and
                    (D) between 1970 and 1975, the high point of 
                screening at the Iowa Army Ammunition Plant, only 25 
                percent of the workforce was screened for exposure to 
                external radiation.
            (10) The Department of Health and Human Services published 
        the first notice of proposed rulemaking concerning the Special 
        Exposure Cohort on June 25, 2002, and the final rule published 
        on May 26, 2004.
            (11) Many of those former workers have died while waiting 
        for the proposed rule to be finalized, including some claimants 
        who were waiting for dose reconstruction to be completed.
            (12) Because of the aforementioned reasons, including the 
        serious lack of records and the death of many potential 
        claimants, it is not feasible to conduct valid dose 
        reconstructions for the Iowa Army Ammunition Plant facility or 
        the Mallinkrodt facilities.
    (b) Inclusion of Certain Former Workers in Cohort.--Section 
3621(14) of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (title XXXVI of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398); 42 U.S.C. 7384l(14)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
                    ``(C) Subject to the provisions of section 3612A 
                and section 3146(e) of the National Defense 
                Authorization Act for Fiscal Year 2005, the employee 
                was so employed for a number of work days aggregating 
                at least 45 workdays at a facility operated under 
                contract to the Department of Energy by Mallinkrodt 
                Incorporated or its successors (including the St. Louis 
                downtown or `Destrehan' facility during any of calendar 
                years 1942 through 1958 and the Weldon Springs feed 
                materials plant facility during any of calendar years 
                1958 through 1966), or at a facility operated by the 
                Department of Energy or under contract by Mason & 
                Hangar-Silas Mason Company at the Iowa Army Ammunition 
                Plant (also known as the Burlington Atomic Energy 
                Commission Plant and the Iowa Ordnance Plant) during 
                any of the calendar years 1947 through 1975, and during 
                the employment--
                            ``(i)(I) was monitored through the use of 
                        dosimetry badges for exposure at the plant of 
                        the external parts of an employee's body to 
                        radiation; or
                            ``(II) was monitored through the use of 
                        bioassays, in vivo monitoring, or breath 
                        samples for exposure at the plant to internal 
                        radiation; or
                            ``(ii) worked in a job that had exposures 
                        comparable to a job that is monitored, or 
                        should have been monitored, under standards of 
                        the Department of Energy in effect on the date 
                        of enactment of this subparagraph through the 
                        use of dosimetry badges for monitoring external 
                        radiation exposures, or bioassays, in vivo 
                        monitoring, or breath samples for internal 
                        radiation exposures, at a facility.''.
    (c) Funding of Compensation and Benefits.--(1) Such Act is further 
amended by inserting after section 3612 the following new section:

``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR CERTAIN MEMBERS 
              OF THE SPECIAL EXPOSURE COHORT.

    ``(a) Authorization of Appropriations.--There is hereby authorized 
to be appropriated to the Department of Labor for each fiscal year 
after fiscal year 2004 such sums as may be necessary for the provision 
of compensation and benefits under the compensation program for members 
of the Special Exposure Cohort described in section 3621(14)(C) in such 
fiscal year.
    ``(b) Prohibition on Use for Administrative Costs.--(1) No amount 
authorized to be appropriated by subsection (a) may be utilized for 
purposes of carrying out the compensation program for the members of 
the Special Exposure Cohort referred to in that subsection or 
administering the amount authorized to be appropriated by subsection 
(a).
    ``(2) Amounts for purposes described in paragraph (1) shall be 
derived from amounts authorized to be appropriated by section 3614(a).
    ``(c) Provision of Compensation and Benefits Subject to 
Appropriations Acts.--The provision of compensation and benefits under 
the compensation program for members of the Special Exposure Cohort 
referred to in subsection (a) in any fiscal year shall be subject to 
the availability of appropriations for that purpose for such fiscal 
year and to applicable provisions of appropriations Acts.''.
    (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is amended--
            (A) by inserting ``(1)'' before ``Subject''; and
            (B) by adding at the end the following new paragraph:
    ``(2) Amounts for the provision of compensation and benefits under 
the compensation program for members of the Special Exposure Cohort 
described in section 3621(14)(C) may be derived from amounts authorized 
to be appropriated by section 3612A(a).''.
    (d) Offset.--The total amount authorized to be appropriated under 
subtitle A of this title is hereby reduced by $61,000,000.
    (e) Certification.--Funds shall be available to pay claims approved 
by the National Institute of Occupational Safety and Health for a 
facility by reason of section 3621(14)(C) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000, as amended by 
subsection (b)(2), if the Director of the National Institute of 
Occupational Safety and Health certifies with respect to such facility 
each of the following:
            (1) That no atomic weapons work or related work has been 
        conducted at such facility after 1976.
            (2) That fewer than 50 percent of the total number of 
        workers engaged in atomic weapons work or related work at such 
        facility were accurately monitored for exposure to internal and 
        external ionizing radiation during the term of their 
        employment.
            (3) That individual internal and external exposure records 
        for employees at such facility are not available, or the 
        exposure to radiation of at least 40 percent of the exposed 
        workers at such facility cannot be determined from the 
        individual internal and external exposure records that are 
        available.
    (f) Sense of the Senate.--It is the sense of the Senate that all  
employees who are eligible to apply for benefits under the compensation 
program established by the Energy Employees Occupational Illness 
Compensation Act should be treated fairly and equitably with regard to 
inclusion under the special exposure cohort provisions of this Act.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2005, 
$21,268,000 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. DISPOSAL OF FERROMANGANESE.

    (a) Disposal Authorized.--The Secretary of Defense may dispose of 
up to 50,000 tons of ferromanganese from the National Defense Stockpile 
during fiscal year 2005.
    (b) Contingent Authority for Additional Disposal.--After the 
disposal of ferromanganese authorized by subsection (a)--
            (1) the Secretary may dispose of up to an additional 25,000 
        tons of ferromanganese from the National Defense Stockpile 
        before September 30, 2005; and
            (2) if the Secretary completes the disposal authorized by 
        paragraph (1) before September 30, 2005, the Secretary may 
        dispose of up to an additional 25,000 tons of ferromanganese 
        from the National Defense Stockpile before that date.
    (c) Certification.--The Secretary may dispose of ferromanganese 
under paragraph (1) or (2) of subsection (b) only if the Secretary, 
with the concurrence of the Secretary of Commerce, certifies to the 
congressional defense committees not later than 30 days before the 
commencement of disposal under the applicable paragraph that--
            (1) the disposal of ferromanganese under such paragraph is 
        in the national interest due to extraordinary circumstances in 
        markets for ferromanganese;
            (2) the disposal of ferromanganese under such paragraph 
        will not cause undue harm to domestic manufacturers of 
        ferroalloys; and
            (3) the disposal of ferromanganese under such paragraph is 
        consistent with the requirements and purpose of the National 
        Defense Stockpile under the Strategic and Critical Materials 
        Stock Piling Act (50 U.S.C. 98 et seq.).
    (d) Delegation of Responsibility.--The Secretary of Defense and the 
Secretary of Commerce may each delegate the responsibility of such 
Secretary under subsection (c) to an appropriate official within the 
Department of Defense or the Department of Commerce, as the case may 
be.
    (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).

SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR CERTAIN 
              PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE 
              STOCKPILE.

    Section 3303(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 98d note) is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) $870,000,000 by the end of fiscal year 2014.''.

SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.

    (a) Prohibition.--The Secretary of Defense may not store mercury 
from the National Defense Stockpile at any facility that is not owned 
or leased by the United States.
    (b) 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).

          TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.

SEC. 3401. SHORT TITLE.

    This title may be cited as the ``Local Law Enforcement Enhancement 
Act of 2004''.

SEC. 3402. FINDINGS.

    Congress makes the following findings:
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, religion, national origin, gender, 
        sexual orientation, or disability of the victim poses a serious 
        national problem.
            (2) Such violence disrupts the tranquility and safety of 
        communities and is deeply divisive.
            (3) State and local authorities are now and will continue 
        to be responsible for prosecuting the overwhelming majority of 
        violent crimes in the United States, including violent crimes 
        motivated by bias. These authorities can carry out their 
        responsibilities more effectively with greater Federal 
        assistance.
            (4) Existing Federal law is inadequate to address this 
        problem.
            (5) The prominent characteristic of a violent crime 
        motivated by bias is that it devastates not just the actual 
        victim and the family and friends of the victim, but frequently 
        savages the community sharing the traits that caused the victim 
        to be selected.
            (6) Such violence substantially affects interstate commerce 
        in many ways, including--
                    (A) by impeding the movement of members of targeted 
                groups and forcing such members to move across State 
                lines to escape the incidence or risk of such violence; 
                and
                    (B) by preventing members of targeted groups from 
                purchasing goods and services, obtaining or sustaining 
                employment, or participating in other commercial 
                activity.
            (7) Perpetrators cross State lines to commit such violence.
            (8) Channels, facilities, and instrumentalities of 
        interstate commerce are used to facilitate the commission of 
        such violence.
            (9) Such violence is committed using articles that have 
        traveled in interstate commerce.
            (10) For generations, the institutions of slavery and 
        involuntary servitude were defined by the race, color, and 
        ancestry of those held in bondage. Slavery and involuntary 
        servitude were enforced, both prior to and after the adoption 
        of the 13th amendment to the Constitution of the United States, 
        through widespread public and private violence directed at 
        persons because of their race, color, or ancestry, or perceived 
        race, color, or ancestry. Accordingly, eliminating racially 
        motivated violence is an important means of eliminating, to the 
        extent possible, the badges, incidents, and relics of slavery 
        and involuntary servitude.
            (11) Both at the time when the 13th, 14th, and 15th 
        amendments to the Constitution of the United States were 
        adopted, and continuing to date, members of certain religious 
        and national origin groups were and are perceived to be 
        distinct ``races''. Thus, in order to eliminate, to the extent 
        possible, the badges, incidents, and relics of slavery, it is 
        necessary to prohibit assaults on the basis of real or 
        perceived religions or national origins, at least to the extent 
        such religions or national origins were regarded as races at 
        the time of the adoption of the 13th, 14th, and 15th amendments 
        to the Constitution of the United States.
            (12) Federal jurisdiction over certain violent crimes 
        motivated by bias enables Federal, State, and local authorities 
        to work together as partners in the investigation and 
        prosecution of such crimes.
            (13) The problem of crimes motivated by bias is 
        sufficiently serious, widespread, and interstate in nature as 
        to warrant Federal assistance to States and local 
        jurisdictions.

SEC. 3403. DEFINITION OF HATE CRIME.

    In this title, the term ``hate crime'' has the same meaning as in 
section 280003(a) of the Violent Crime Control and Law Enforcement Act 
of 1994 (28 U.S.C. 994 note).

SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY 
              STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.

    (a) Assistance Other Than Financial Assistance.--
            (1) In general.--At the request of a law enforcement 
        official of a State or Indian tribe, the Attorney General may 
        provide technical, forensic, prosecutorial, or any other form 
        of assistance in the criminal investigation or prosecution of 
        any crime that--
                    (A) constitutes a crime of violence (as defined in 
                section 16 of title 18, United States Code);
                    (B) constitutes a felony under the laws of the 
                State or Indian tribe; and
                    (C) is motivated by prejudice based on the race, 
                color, religion, national origin, gender, sexual 
                orientation, or disability of the victim, or is a 
                violation of the hate crime laws of the State or Indian 
                tribe.
            (2) Priority.--In providing assistance under paragraph (1), 
        the Attorney General shall give priority to crimes committed by 
        offenders who have committed crimes in more than 1 State and to 
        rural jurisdictions that have difficulty covering the 
        extraordinary expenses relating to the investigation or 
        prosecution of the crime.
    (b) Grants.--
            (1) In general.--The Attorney General may award grants to 
        assist State, local, and Indian law enforcement officials with 
        the extraordinary expenses associated with the investigation 
        and prosecution of hate crimes.
            (2) Office of justice programs.--In implementing the grant 
        program, the Office of Justice Programs shall work closely with 
        the funded jurisdictions to ensure that the concerns and needs 
        of all affected parties, including community groups and 
        schools, colleges, and universities, are addressed through the 
        local infrastructure developed under the grants.
            (3)  Application.--
                    (A) In general.--Each State that desires a grant 
                under this subsection shall submit an application to 
                the Attorney General at such time, in such manner, and 
                accompanied by or containing such information as the 
                Attorney General shall reasonably require.
                    (B) Date for submission.--Applications submitted 
                pursuant to subparagraph (A) shall be submitted during 
                the 60-day period beginning on a date that the Attorney 
                General shall prescribe.
                    (C) Requirements.--A State or political subdivision 
                of a State or tribal official applying for assistance 
                under this subsection shall--
                            (i) describe the extraordinary purposes for 
                        which the grant is needed;
                            (ii) certify that the State, political 
                        subdivision, or Indian tribe lacks the 
                        resources necessary to investigate or prosecute 
                        the hate crime;
                            (iii) demonstrate that, in developing a 
                        plan to implement the grant, the State, 
                        political subdivision, or tribal official has 
                        consulted and coordinated with nonprofit, 
                        nongovernmental victim services programs that 
                        have experience in providing services to 
                        victims of hate crimes; and
                            (iv) certify that any Federal funds 
                        received under this subsection will be used to 
                        supplement, not supplant, non-Federal funds 
                        that would otherwise be available for 
                        activities funded under this subsection.
            (4) Deadline.--An application for a grant under this 
        subsection shall be approved or disapproved by the Attorney 
        General not later than 30 business days after the date on which 
        the Attorney General receives the application.
            (5) Grant amount.--A grant under this subsection shall not 
        exceed $100,000 for any single jurisdiction within a 1 year 
        period.
            (6) Report.--Not later than December 31, 2005, the Attorney 
        General shall submit to Congress a report describing the 
        applications submitted for grants under this subsection, the 
        award of such grants, and the purposes for which the grant 
        amounts were expended.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2005 and 2006.

SEC. 3405. GRANT PROGRAM.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall award grants, in accordance with such 
regulations as the Attorney General may prescribe, to State and local 
programs designed to combat hate crimes committed by juveniles, 
including programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND 
              LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of the 
Treasury and the Department of Justice, including the Community 
Relations Service, for fiscal years 2005, 2006, and 2007 such sums as 
are necessary to increase the number of personnel to prevent and 
respond to alleged violations of section 249 of title 18, United States 
Code, as added by section __07.

SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 249. Hate crime acts
    ``(a) In General.--
            ``(1) Offenses involving actual or perceived race, color, 
        religion, or national origin.--Whoever, whether or not acting 
        under color of law, willfully causes bodily injury to any 
        person or, through the use of fire, a firearm, or an explosive 
        or incendiary device, attempts to cause bodily injury to any 
        person, because of the actual or perceived race, color, 
        religion, or national origin of any person--
                    ``(A) shall be imprisoned not more than 10 years, 
                fined in accordance with this title, or both; and
                    ``(B) shall be imprisoned for any term of years or 
                for life, fined in accordance with this title, or both, 
                if--
                            ``(i) death results from the offense; or
                            ``(ii) the offense includes kidnaping or an 
                        attempt to kidnap, aggravated sexual abuse or 
                        an attempt to commit aggravated sexual abuse, 
                        or an attempt to kill.
            ``(2) Offenses involving actual or perceived religion, 
        national origin, gender, sexual orientation, or disability.--
                    ``(A) In general.--Whoever, whether or not acting 
                under color of law, in any circumstance described in 
                subparagraph (B), willfully causes bodily injury to any 
                person or, through the use of fire, a firearm, or an 
                explosive or incendiary device, attempts to cause 
                bodily injury to any person, because of the actual or 
                perceived religion, national origin, gender, sexual 
                orientation, or disability of any person--
                            ``(i) shall be imprisoned not more than 10 
                        years, fined in accordance with this title, or 
                        both; and
                            ``(ii) shall be imprisoned for any term of 
                        years or for life, fined in accordance with 
                        this title, or both, if--
                                    ``(I) death results from the 
                                offense; or
                                    ``(II) the offense includes 
                                kidnaping or an attempt to kidnap, 
                                aggravated sexual abuse or an attempt 
                                to commit aggravated sexual abuse, or 
                                an attempt to kill.
                    ``(B) Circumstances described.--For purposes of 
                subparagraph (A), the circumstances described in this 
                subparagraph are that--
                            ``(i) the conduct described in subparagraph 
                        (A) occurs during the course of, or as the 
                        result of, the travel of the defendant or the 
                        victim--
                                    ``(I) across a State line or 
                                national border; or
                                    ``(II) using a channel, facility, 
                                or instrumentality of interstate or 
                                foreign commerce;
                            ``(ii) the defendant uses a channel, 
                        facility, or instrumentality of interstate or 
                        foreign commerce in connection with the conduct 
                        described in subparagraph (A);
                            ``(iii) in connection with the conduct 
                        described in subparagraph (A), the defendant 
                        employs a firearm, explosive or incendiary 
                        device, or other weapon that has traveled in 
                        interstate or foreign commerce; or
                            ``(iv) the conduct described in 
                        subparagraph (A)--
                                    ``(I) interferes with commercial or 
                                other economic activity in which the 
                                victim is engaged at the time of the 
                                conduct; or
                                    ``(II) otherwise affects interstate 
                                or foreign commerce.
    ``(b) Certification Requirement.--No prosecution of any offense 
described in this subsection may be undertaken by the United States, 
except under the certification in writing of the Attorney General, the 
Deputy Attorney General, the Associate Attorney General, or any 
Assistant Attorney General specially designated by the Attorney General 
that--
            ``(1) he or she has reasonable cause to believe that the 
        actual or perceived race, color, religion, national origin, 
        gender, sexual orientation, or disability of any person was a 
        motivating factor underlying the alleged conduct of the 
        defendant; and
            ``(2) he or his designee or she or her designee has 
        consulted with State or local law enforcement officials 
        regarding the prosecution and determined that--
                    ``(A) the State does not have jurisdiction or does 
                not intend to exercise jurisdiction;
                    ``(B) the State has requested that the Federal 
                Government assume jurisdiction;
                    ``(C) the State does not object to the Federal 
                Government assuming jurisdiction; or
                    ``(D) the verdict or sentence obtained pursuant to 
                State charges left demonstratively unvindicated the 
                Federal interest in eradicating bias-motivated 
                violence.
    ``(c) Definitions.--In this section--
            ``(1) the term `explosive or incendiary device' has the 
        meaning given the term in section 232 of this title; and
            ``(2) the term `firearm' has the meaning given the term in 
        section 921(a) of this title.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
13 of title 18, United States Code, is amended by adding at the end the 
following:

``249. Hate crime acts.''.

SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to the 
authority provided under section 994 of title 28, United States Code, 
the United States Sentencing Commission shall study the issue of adult 
recruitment of juveniles to commit hate crimes and shall, if 
appropriate, amend the Federal sentencing guidelines to provide 
sentencing enhancements (in addition to the sentencing enhancement 
provided for the use of a minor during the commission of an offense) 
for adult defendants who recruit juveniles to assist in the commission 
of hate crimes.
    (b) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishments for substantially the 
        same offense.

SEC. 3409. STATISTICS.

    Subsection (b)(1) of the first section of the Hate Crimes 
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,'' 
after ``race,''.

SEC. 3410. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.

                TITLE XXXV--ASSISTANCE TO FIREFIGHTERS.

SEC. 3501. SHORT TITLE.

    This title may be cited as the ``Assistance to Firefighters Act of 
2004''.

SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR FIREFIGHTER 
              ASSISTANCE PROGRAM.

    (a) In General.--Subsection (b)(1) of section 33 of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by 
striking ``Director'' in the matter preceding subparagraph (A) and 
inserting ``Secretary of Homeland Security, in consultation with the 
Administrator,''.
    (b) Conforming Amendment.--Such section is further amended by 
striking ``Director'' each place it appears and inserting ``Secretary 
of Homeland Security''.
    (c) Technical Amendment.--The heading of subsection (b)(8) of such 
section is amended by striking ``Director'' and inserting 
``Secretary''.

SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.

    (a) Authority To Award Grants to Volunteer Emergency Medical 
Service Squads.--Paragraph (1)(A) of section 33(b) of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by 
inserting ``or to volunteer emergency medical service organizations'' 
after ``fire departments''.
    (b) Use of Grant Funds.--Paragraph (3)(F) of such section is 
amended by inserting ``or volunteer emergency medical service 
organizations that are not affiliated with a for-profit entity'' after 
``fire departments''.
    (c) Special Rule for Applications for Volunteer Emergency Medical 
Services.--Paragraph (5) of such section is amended by adding at the 
end, the following new subparagraph:
                    ``(C) Special rule for volunteer emergency medical 
                services.--The Secretary of Homeland Security shall 
                permit an applicant seeking grant funds for volunteer 
                emergency medical services under paragraph (3)(F) to 
                use the same application form to seek grant funds for 
                one or more of the other purposes set out in 
                subparagraphs (A) through (O) of paragraph (3).''.

SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES.

    Paragraph (3) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)) is amended by adding at the end 
the following new subparagraph:
                    ``(O) To obtain automated external defibrillator 
                devices.''.

SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICATIONS.

    Paragraph (2) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)) is amended to read as follows:
            ``(2) Criteria and review of applications.--
                    ``(A) Preliminary review criteria.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall establish specific 
                        criteria for the preliminary review of an 
                        application submitted under this section. If an 
                        application does not meet such criteria, the 
                        application may not receive further 
                        consideration for a grant under this section.
                            ``(ii) Annual review of criteria.--Not less 
                        often than once each year, the Secretary of 
                        Homeland Security, in consultation with the 
                        Administrator, shall convene a meeting of 
                        individuals who are members of a fire service 
                        and are recognized for expertise in 
                        firefighting or in emergency medical services 
                        provided by fire services, and who are not 
                        employees of the Federal Government for the 
                        purpose of reviewing and proposing changes to 
                        the criteria established under clause (i).
                    ``(B) Selection through review by experts.--
                            ``(i) Requirement for review.--The 
                        Secretary of Homeland Security shall award 
                        grants under this section based on the review 
                        of applications for such grants by a panel of 
                        fire service personnel appointed by a national 
                        organization recognized for expertise in the 
                        operation and administration of fire services.
                            ``(ii) Role of the secretary.--The 
                        Secretary of Homeland Security shall provide 
                        for the administration of the review panel 
                        described in clause (i) and shall ensure that 
                        an individual appointed to such panel is a 
                        recognized expert in firefighting, medical 
                        services provided by fire services, fire 
                        prevention, or research on firefighter 
                        safety.''.

SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY PROGRAMS.

    (a) Authority.--Paragraph (1)(B) of section 33(b) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended 
by inserting ``and firefighter safety'' after ``prevention''.
    (b) Expansion of Existing Program.--
            (1) Firefighter safety assistance.--Paragraph (4) of such 
        section is amended--
                    (A) in subparagraph (A)(ii), by striking 
                ``organizations that are recognized'' and all that 
                follows and inserting ``organizations eligible under 
                subparagraph (B) for the purposes described in 
                subparagraph (C).''; and
                    (B) by striking subparagraph (B), and inserting the 
                following new subparagraphs:
                    ``(B) Eligibility for assistance.--An organization 
                may be eligible for assistance under subparagraph 
                (A)(ii), if such organization is a national, State, 
                local, or community organization that is not a fire 
                service and that is recognized for experience and 
                expertise with respect to programs and activities that 
                promote--
                            ``(i) fire prevention or fire safety; or
                            ``(ii) the health and safety of 
                        firefighting personnel.
                    ``(C) Use of funds.--Assistance provided under 
                subparagraph (A)(ii) shall be used--
                            ``(i) to carry out fire prevention 
                        programs; or
                            ``(ii) to fund research to improve the 
                        health and safety of firefighting personnel.
                    ``(D) Priority.--In selecting organizations 
                described in subparagraph (B) to receive assistance 
                under this paragraph, the Secretary of Homeland 
                Security shall give priority--
                            ``(i) to organizations that focus on 
                        preventing injuries from fire to members of 
                        groups at high risk of such injuries, with an 
                        emphasis on children; and
                            ``(ii) to organizations that focus on 
                        researching methods to improve the health and 
                        safety of firefighting personnel.
                    ``(E) Allocation of funds.--Not less than 66 
                percent of the total amount of funds made available in 
                a fiscal year to carry out this paragraph shall be made 
                available of the programs described in subparagraph 
                (A)(ii).''.
            (2) Conforming amendment.--The heading of such paragraph is 
        amended to read as follows:
            ``(4) Fire prevention and firefighter safety programs.--''.
    (c) Availability of Funds for Fire Prevention and Firefighter 
Safety Programs.--Paragraph (4)(A) of such section, as amended by 
subsection (b), is further amended in the matter preceding clause (i), 
by striking ``5 percent'' and inserting ``6 percent''.

SEC. 3507. ASSISTANCE FOR APPLICATIONS.

    Paragraph (5) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 3(c), is 
further amended by adding at the end the following new subparagraph:
                    ``(D) Assistance to prepare an application.--The 
                Secretary of Homeland Security shall provide assistance 
                with the preparation of applications for grants under 
                this section.''.

SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING FUNDS.

    (a) Amount Required.--Paragraph (6) of section 33(b) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended 
by striking subparagraphs (A) and (B) and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary of Homeland Security may provide 
                assistance under this subsection only if the applicant 
                for such assistance agrees to match 20 percent of such 
                assistance for any fiscal year with an equal amount of 
                non-Federal funds.
                    ``(B) Requirement for small community 
                organizations.--In the case of an applicant whose 
                personnel--
                            ``(i) serve jurisdictions of 50,000 or 
                        fewer residents, the percent applied under the 
                        matching requirement of subparagraph (A) shall 
                        be 10 percent; or
                            ``(ii) serve jurisdictions of 20,000 or 
                        fewer residents, the percent applied under the 
                        matching requirement of subparagraph (A) shall 
                        be 5 percent.''.
    (b) Exception.--Such paragraph, as amended by subsection (a), is 
further amended by adding at the end the following new subparagraph:
                    ``(C) Exception.--No matching funds may be required 
                under this subsection for assistance provided under 
                subparagraph (A)(ii) of paragraph (4) to an 
                organization described in subparagraph (B) of such 
                paragraph.''.
    (c) Special Rule for Requests for Automated External Defibrillator 
Devices.--Section 33(b) of such Act is further amended by adding at the 
end the following new paragraph:
            ``(13) Special rules for grants for automated external 
        defibrillator devices.--
                    ``(A) Limitations.--The Secretary of Homeland 
                Security shall reduce the percentage of non-Federal 
                matching funds for a grant as described in subparagraph 
                (B) if--
                            ``(i) the applicant is requesting grant 
                        funds to obtain one or more automated external 
                        defibrillator devices, as authorized by 
                        paragraph (3)(O);
                            ``(ii) the award of such grant will result 
                        in the applicant possessing exactly one such 
                        device for each first-due emergency vehicle 
                        operated by the applicant;
                            ``(iii) the applicant certifies to the 
                        Secretary of Homeland Security that the 
                        applicant possesses, at the time such 
                        application is filed, a number of such devices 
                        that is less than the number of first-due 
                        emergency vehicles operated by the applicant 
                        and that the applicant is capable of storing, 
                        in a manner conducive to rapid use, such 
                        devices on each such vehicle; and
                            ``(iv) the applicant has not previously 
                        received a grant under this subsection to 
                        obtain such devices.
                    ``(B) Matching requirements.--If an applicant meets 
                the criteria set out in clauses (i), (ii), (iii), and 
                (iv) of subparagraph (A), the Secretary of Homeland 
                Security shall reduce the percentage of non-Federal 
                matching funds required by paragraph (6) by 2 
                percentage points for all assistance requested in the 
                application submitted by such applicant.
                    ``(C) First-due defined.--In this paragraph, the 
                term `first-due' means the firefighting and emergency 
                medical services vehicles that are utilized by a fire 
                service for immediate response to an emergency 
                situation.''.

SEC. 3509. GRANT RECIPIENT LIMITATIONS.

    (a) Limitations on Grant Amounts.--Subparagraph (A) of section 
33(b)(10) of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229(b)(10)) is amended to read as follows:
                    ``(A) Limitations on grant amount.--
                            ``(i) General limitation.--Subject to 
                        clause (ii), a recipient of assistance under 
                        this section may not receive in a fiscal year 
                        an amount of such assistance that exceeds the 
                        greater of $2,250,000 or the amount equal to 
                        0.5 percent of the total amount of funds 
                        appropriated for such assistance for such 
                        fiscal year.
                            ``(ii) Limitations on basis of 
                        population.--Subject to clause (iii), a 
                        recipient of assistance under this section that 
                        serves a jurisdiction of less than 1,000,000 
                        individuals may not receive more than 
                        $1,500,000 of such assistance for a fiscal 
                        year, except that such a recipient that serves 
                        a jurisdiction of less than 500,000 individuals 
                        may not receive more than $1,000,000 of such 
                        assistance during a fiscal year.
                            ``(iii) Waiver.--With respect to assistance 
                        provided in a fiscal year before fiscal year 
                        2007, the Secretary of Homeland Security, in 
                        consultation with the Administrator, may waive 
                        the limitations set out in clause (ii) if the 
                        Secretary determines that a waiver is warranted 
                        by an extraordinary need for assistance for 
                        fire suppression activities by a jurisdiction, 
                        whether such need is caused by the likelihood 
                        of terrorist attack, natural disaster, 
                        destructive fires occurring over a large 
                        geographic area, or some other cause.''.
    (b) Limitations on Grants for Volunteer Emergency Medical 
Services.--Such section, as amended by subsection (a), is further 
amended by adding at the end the following new subparagraph:
                    ``(C) Limitations on expenditures for volunteer 
                emergency medical services.--Not more than 3.5 percent 
                of the funds appropriated to provide grants under this 
                section for a fiscal year may be awarded to volunteer 
                emergency medical service organizations.''.

SEC. 3510. OTHER CONSIDERATIONS.

    Section 33(b) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229(b)), as amended by section 8, is amended by adding 
at the end the following new paragraph:
            ``(14) Other considerations.--In providing assistance under 
        this section, the Secretary of Homeland Security shall--
                    ``(A) consider the extent to which the recipient of 
                such assistance is able to enhance the daily operations 
                of a fire service and to improve the protection of 
                people and property from fire; and
                    ``(B) ensure that such assistance awarded to a 
                volunteer emergency medical service organization will 
                not be used to provide emergency medical services in a 
                geographic area if such services are adequately 
                provided by a fire service in such area.''.

SEC. 3511. REPORTS TO CONGRESS.

    (a) Study and Report on Assistance to Firefighters.--
            (1) Study.--The Secretary, in conjunction with the National 
        Fire Protection Association, shall conduct a study--
                    (A) to assess the types of activities that are 
                carried out by fire services;
                    (B) to determine whether the level of Federal 
                funding made available to fire services is adequate;
                    (C) to assess categories of services, including 
                emergency medical services, that are not adequately 
                provided by fire services on either the national or 
                State level; and
                    (D) to measure the effect, if any, of the 
                assistance provided under section 33 of the Federal 
                Fire Prevention and Control Act of 1974 (15 U.S.C. 
                2229) on the needs of fire services identified in the 
                report submitted to Congress under section 1701(b) of 
                the Floyd D. Spence National Defense Authorization Act 
                for Fiscal Year 2001 (as enacted into law by Public Law 
                106-398; 114 Stat. 1654A-363).
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on the findings of the study described in paragraph (1).
    (b) Report by GAO.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on--
            (1) the administration of the assistance provided under 
        section 33 of the Federal Fire Prevention and Control Act of 
        1974 (15 U.S.C. 2229); and
            (2) the success of the Secretary in administering the 
        Federal Emergency Management Agency.
    (c) Report on Waiver of Amount Limitations.--Not later than 18 
months after the date of the enactment of this Act, the Secretary shall 
submit to Congress a report on the instances, if any, of the use of the 
waiver authority set out in section 33(b)(10)(A)(iii) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 
2229(b)(10)(A)(iii)), as added by section 9.
    (d) Definitions.--In this section:
            (1) Fire service.--The term ``fire service'' has the 
        meaning given that term in section 4 of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 2203).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3512. TECHNICAL CORRECTIONS.

    (a) Repeal of Duplicative Definition.--Subsection (d) of section 33 
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) 
is repealed.
    (b) Redesignations Necessitated by Duplicative Numbering.--The 
sections 33 and 34 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2230 and 2231) that were added by sections 105 and 106 
of Public Law 106-503 (114 Stat. 2301) are redesignated as sections 34 
and 35, respectively.

SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

    (a) Firefighter Assistance Programs.--Section 33(e) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(e)) is amended 
by striking the first sentence and inserting ``There are authorized to 
be appropriated for the purposes of this section $900,000,000 for 
fiscal year 2005, $950,000,000 for fiscal year 2006, and $1,000,000,000 
for each of the fiscal years 2007 through 2010.''.
    (b) Study on Assistance to Firefighters.--There are authorized to 
be appropriated to the Secretary of Homeland Security $300,000 for 
fiscal year 2005 to carry out the requirements of section 4011(a).

            Passed the Senate June 23 (legislative day, June 22), 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2403

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for fiscal year 2005 for defense activities 
          of the Department of Energy, and for other purposes.
```