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.

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

3 SECTION 1. SHORT TITLE.

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

5 National Security Act for Fiscal Year 2005’’.
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1 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. 3117. 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.
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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
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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.

1 TITLE XXXI—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 PROGRAMS

4 Subtitle A—National Security

5 Programs Authorizations

6 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA7 TION.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

9 are hereby authorized to be appropriated to the Depart10 ment of Energy for fiscal year 2005 for the activities of

11 the National Nuclear Security Administration in carrying

12 out programs necessary for national security in the

13 amount of $9,165,145,000, to be allocated as follows:

14 (1) For weapons activities, $6,674,898,000.

15 (2) For defense nuclear nonproliferation activi16 ties, $1,348,647,000.

17 (3) For naval reactors, $797,900,000.

18 (4) For the Office of the Administrator for Nu19 clear Security, $343,700,000.
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1 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

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

3 for carrying out plant projects, the Secretary of Energy

4 may carry out new plant projects for weapons activities,

5 as follows:

6 (1) For readiness in technical base and facili7 ties:

8 Project 05–D–140, Readiness in Technical

9 Base and Facilities Program (RTBF), project

10 engineering and design (PED), various loca11 tions, $11,600,000.

12 Project 05–D–401, Building 12–64 pro13 duction bays upgrade, Pantex Plant, Amarillo,

14 Texas, $25,000,000.

15 Project 05–D–402, Beryllium Capability

16 (BeC) Project, Y–12 National Security Com17 plex, Oak Ridge, Tennessee, $3,627,000.

18 (2) For facilities and infrastructure recapital19 ization:

20 Project 05–D–160, Facilities and Infra21 structure Recapitalization Program (FIRP),

22 project engineering and design (PED), various

23 locations, $8,700,000.
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1 Project 05–D–601, compressed air up2 grades, Y–12 National Security Complex, Oak

3 Ridge, Tennessee, $4,400,000.

4 Project 05–D–602, power grid infrastruc5 ture upgrade (PGIU), Los Alamos National

6 Laboratory, Los Alamos, New Mexico,

7 $10,000,000.

8 Project 05–D–603, new master substation,

9 technical areas I and IV, Sandia National Lab10 oratories, Albuquerque, New Mexico, $600,000.

11 (3) For safeguards and security:

12 Project 05–D–170, safeguards and secu13 rity, project engineering and design (PED),

14 various locations, $17,000,000.

15 Project 05–D–701, security perimeter, Los

16 Alamos National Laboratory, Los Alamos, New

17 Mexico, $20,000,000.

18 (4) For naval reactors:

19 Project 05–N–900, materials development

20 facility building, Schenectady, New York,

21 $6,200,000.

22 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

24 are hereby authorized to be appropriated to the Depart25 ment of Energy for fiscal year 2005 for environmental
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1 management activities in carrying out programs necessary

2 for national security in the amount of $6,954,402,000, to

3 be allocated as follows:

4 (1) For defense site acceleration completion,

5 $5,971,932,000.

6 (2) For defense environmental services,

7 $982,470,000.

8 (b) AUTHORIZATION OF NEW PLANT PROJECT.—

9 From funds referred to in subsection (a)(2) that are avail10 able for carrying out plant projects, the Secretary of En11 ergy may carry out, for environmental management activi12 ties, the following new plant project:

13 Project 05–D–405, salt waste processing facil14 ity, Savannah River Site, Aiken, South Carolina,

15 $52,000,000.

16 SEC. 3103. OTHER DEFENSE ACTIVITIES.

17 Funds are hereby authorized to be appropriated to

18 the Department of Energy for fiscal year 2005 for other

19 defense activities in carrying out programs necessary for

20 national security in the amount of $568,096,000.

21 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

22 Funds are hereby authorized to be appropriated to

23 the Department of Energy for fiscal year 2005 for defense

24 nuclear waste disposal for payment to the Nuclear Waste

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

2 of $108,000,000.

3 Subtitle B—Program Authoriza4 tions, Restrictions, and Limita5 tions

6 SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR

7 MODERN PIT FACILITY.

8 (a) LIMITATION.—Of the amount authorized to be

9 appropriated by section 3101(a)(1) for the National Nu10 clear Security Administration for weapons activities and

11 available for the Modern Pit Facility, not more than 50

12 percent of such amount may be obligated or expended

13 until 30 days after the latter of the following:

14 (1) The date of the submittal of the revised nu15 clear weapons stockpile plan specified in the joint ex16 planatory statement to accompany the report of the

17 Committee on Conference on the bill H.R. 2754 of

18 the 108th Congress.

19 (2) The date on which the Administrator for

20 Nuclear Security submits to the congressional de21 fense committees a report setting forth the validated

22 pit production requirements for the Modern Pit Fa23 cility.

24 (b) VALIDATED PIT PRODUCTION REQUIREMENTS.—

25 (1) The validated pit production requirements in the re-
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1 port under subsection (a)(2) shall be established by the

2 Administrator in conjunction with the Chairman of the

3 Nuclear Weapons Council.

4 (2) The validated pit production requirements shall—

5 (A) include specifications regarding the number

6 of pits that will be required to be produced in order

7 to support the weapons that will be retained in the

8 nuclear weapons stockpile, set forth by weapon type

9 and by year; and

10 (B) take into account any surge capacity that

11 may be included in the annual pit production capa12 bility.

13 (c) FORM OF REPORT.—The report described in sub14 section (a)(2) shall be submitted in unclassified form, but

15 may include a classified annex.

16 SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR

17 ADVANCED NUCLEAR WEAPONS CONCEPTS

18 INITIATIVE.

19 (a) LIMITATION.—None of the funds authorized to

20 be appropriated by this title may be obligated or expended

21 for purposes of additional or exploratory studies under the

22 Advanced Nuclear Weapons Concepts Initiative until 30

23 days after the date on which the Administrator for Nu24 clear Security submits to the congressional defense com-
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1 mittees a detailed report on the activities for such studies

2 under the Initiative that are planned for fiscal year 2005.

3 (b) FORM OF REPORT.—The report under subsection

4 (a) shall be submitted in unclassified form, but may in5 clude a classified annex.

6 SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW

7 PROJECTS UNDER FACILITIES AND INFRA8 STRUCTURE RECAPITALIZATION PROGRAM

9 AFTER PROJECT SELECTION DEADLINE.

10 (a) LIMITED AUTHORITY TO CARRY OUT NEW

11 PROJECTS.—Section 3114(a) of the National Defense Au12 thorization Act for Fiscal Year 2004 (Public Law 108–

13 136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended—

14 (1) in the subsection caption, by striking

15 ‘‘DEADLINE FOR’’;

16 (2) in paragraph (2), by striking ‘‘No project’’

17 and inserting ‘‘Except as provided in paragraph (3),

18 no project’’; and

19 (3) by adding at the end the following new

20 paragraph:

21 ‘‘(3)(A) Subject to the provisions of this paragraph,

22 a project described in subparagraph (B) may be carried

23 out under the Facilities and Infrastructure Recapitaliza24 tion Program after December 31, 2004, if the Adminis25 trator approves the project. The Administrator may not
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1 delegate the authority to approve projects under the pre2 ceding sentence.

3 ‘‘(B) A project described in this subparagraph is a

4 project that consists of a specific building, facility, or

5 other improvement (including fences, roads, or similar im6 provements).

7 ‘‘(C) Funds may not be obligated or expended for a

8 project under this paragraph until 60 days after the date

9 on which the Administrator submits to the congressional

10 defense committees a notice on the project, including a

11 description of the project and the nature of the project,

12 a statement explaining why the project was not included

13 in the Facilities and Infrastructure Recapitalization Pro14 gram under paragraph (1), and a statement explaining

15 why the project was not included in any other program

16 under the jurisdiction of the Administrator.

17 ‘‘(D) The total number of projects that may be car18 ried out under this paragraph in any fiscal year may not

19 exceed five projects.

20 ‘‘(E) The Administrator may not utilize the authority

21 in this paragraph until 60 days after the later of—

22 ‘‘(i) the date of the submittal to the congres23 sional defense committees of a list of the projects se24 lected for inclusion in the Facilities and Infrastruc-
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1 ture Recapitalization Program under paragraph (1);

2 or

3 ‘‘(ii) the date of the submittal to the congres4 sional defense committees of the report required by

5 subsection (c).

6 ‘‘(F) A project may not be carried out under this

7 paragraph unless the project will be completed by Sep8 tember 30, 2011.’’.

9 (b) CONSTRUCTION OF AUTHORITY.—The amend10 ments made by subsection (a) may not be construed to

11 authorize any delay in either of the following:

12 (1) The selection of projects for inclusion in the

13 Facilities and Infrastructure Recapitalization Pro14 gram under subsection (a) of section 3114 of the

15 National Defense Authorization Act for Fiscal Year

16 2004.

17 (2) The submittal of the report required by sub18 section (c) of such section.

19 SEC. 3114. MODIFICATION OF MILESTONE AND REPORT RE20 QUIREMENTS FOR NATIONAL IGNITION FA21 CILITY.

22 (a) NOTIFICATION ON MILESTONES TO ACHIEVE IG23 NITION.—Subsection (a) of section 3137 of the National

24 Defense Authorization Act for Fiscal Year 2002 (Public

25 Law 107–107; 115 Stat. 1369) is amended by striking
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1 ‘‘each Level I milestone and Level II milestone for the Na2 tional Ignition Facility.’’ and inserting the following:

3 ‘‘each milestone for the National Ignition Facility as fol4 lows:

5 ‘‘(1) Each Level I milestone.

6 ‘‘(2) Each Level II milestone.

7 ‘‘(3) Each milestone to achieve ignition.’’.

8 (b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT

9 OF MILESTONES.—Subsection (b) of such section is

10 amended by striking ‘‘a Level I milestone or Level II mile11 stone for the National Ignition Facility’’ and inserting ‘‘a

12 milestone for the National Ignition Facility referred to in

13 subsection (a)’’.

14 (c) MILESTONES TO ACHIEVE IGNITION.—Sub15 section (c) of such section is amended to read as follows:

16 ‘‘(c) MILESTONES.—For purposes of this section:

17 ‘‘(1) The Level I and Level II milestones for

18 the National Ignition Facility are as established in

19 the August 2000 revised National Ignition Facility

20 baseline document.

21 ‘‘(2) The milestones of the National Ignition

22 Facility to achieve ignition are such milestones

23 (other than the milestones referred to in paragraph

24 (1)) as the Administrator shall establish on any ac25 tivities at the National Ignition Facility that are re-
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1 quired to enable the National Ignition Facility to

2 achieve ignition and be a fully functioning user facil3 ity by December 31, 2011.’’.

4 (d) SUBMITTAL TO CONGRESS OF MILESTONES TO

5 ACHIEVE IGNITION.—Not later than January 31, 2005,

6 the Administrator for Nuclear Security shall submit to the

7 congressional defense committees a report setting forth

8 the milestones of the National Ignition Facility to achieve

9 ignition as established by the Administration under sub10 section (c)(2) of section 3137 of the National Defense Au11 thorization Act for Fiscal Year 2002, as amended by sub12 section (c) of this section. The report shall include—

13 (1) a description of each milestone established;

14 and

15 (2) a proposal for the funding to be required to

16 meet each such milestone.

17 (e) EXTENSION OF SUNSET.—Subsection (d) of sec18 tion 3137 of such Act is amended by striking ‘‘September

19 30, 2004’’ and inserting ‘‘December 31, 2011’’.

20 SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL

21 PLAN FOR STEWARDSHIP, MANAGEMENT,

22 AND CERTIFICATION OF WARHEADS IN THE

23 NUCLEAR WEAPONS STOCKPILE.

24 Section 4203(c) of the Atomic Energy Defense Act

25 (50 U.S.C. 2523(c)) is amended is amended by striking
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1 ‘‘March 15 of each year thereafter’’ and inserting ‘‘May

2 1 of each year thereafter’’.

3 SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, with respect to material stored at a Depart6 ment of Energy site at which activities are regulated by

7 the State pursuant to approved closure plans or permits

8 issued by the State, high-level radioactive waste does not

9 include radioactive material resulting from the reprocess10 ing of spent nuclear fuel that the Secretary of Energy

11 determines—

12 (1) does not require permanent isolation in a

13 deep geologic repository for spent fuel or highly ra14 dioactive waste pursuant to criteria promulgated by

15 the Department of Energy by rule approved by the

16 Nuclear Regulatory Commission;

17 (2) has had highly radioactive radionuclides re18 moved to the maximum extent practical in accord19 ance with the Nuclear Regulatory Commission-ap20 proved criteria; and

21 (3) in the case of material derived from the

22 storage tanks, is disposed of in a facility (including

23 a tank) within the State pursuant to a State-ap24 proved closure plan or a State-issued permit, author-
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1 ity for the approval or issuance of which is conferred

2 on the State outside of this Act.

3 (b) INAPPLICABILITY TO CERTAIN MATERIALS.—

4 Subsection (a) shall not apply to any material otherwise

5 covered by that subsection that is transported from the

6 State.

7 (c) SCOPE OF AUTHORITY TO CARRY OUT AC8 TIONS.—The Department of Energy may implement any

9 action authorized—

10 (1) by a State-approved closure plan or State11 issued permit in existence on the date of enactment

12 of this section; or

13 (2) by a closure plan approved by the State or

14 a permit issued by the State during the pendency of

15 the rulemaking provided for in subsection (a).

16 Any such action may be completed pursuant to the terms

17 of the closure plan or the State-issued permit notwith18 standing the final criteria adopted by the rulemaking pur19 suant to subsection (a).

20 (d) STATE DEFINED.—In this section, the term

21 ‘‘State’’ means the State of South Carolina.

22 (e) CONSTRUCTION.—(1) Nothing in this section

23 shall affect, alter, or modify the full implementation of—

24 (A) the settlement agreement entered into by

25 the United States with the State of Idaho in the ac-
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1 tions captioned Public Service Co. of Colorado v.

2 Batt, Civil No. 91–0035–S–EJL, and United States

3 v. Batt, Civil No. 91–0054–S–EJL, in the United

4 States District Court for the District of Idaho, and

5 the consent order of the United States District

6 Court for the District of Idaho, dated October 17,

7 1995, that effectuates the settlement agreement;

8 (B) the Idaho National Engineering Laboratory

9 Federal Facility Agreement and Consent Order; or

10 (C) the Hanford Federal Facility Agreement

11 and Consent Order.

12 (2) Nothing in this section establishes any precedent

13 or is binding on the State of Idaho, the State of Wash14 ington, the State of Oregon, or any other State for the

15 management, storage, treatment, and disposition of radio16 active and hazardous materials.

17 SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.

18 (a) REVIEW BY NATIONAL RESEARCH COUNCIL.—

19 Not later than 30 days after the date of the enactment

20 of this Act, the Secretary of Energy shall enter into a con21 tract with the National Research Council of the National

22 Academies to conduct a study of the necessary tech23 nologies and research gaps in the Department of Energy’s

24 program to remove high-level radioactive waste from the
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1 storage tanks at the Department’s sites in South Carolina,

2 Washington and Idaho.

3 (b) MATTERS TO BE ADDRESSED IN STUDY.—The

4 study shall address the following:

5 (1) the quantities and characteristics of waste

6 in each high-level waste storage tank described in

7 paragraph (a), including data uncertainties;

8 (2) the technologies by which high-level radio9 active waste is currently being removed from the

10 tanks for final disposal under the Nuclear Waste

11 Policy Act;

12 (3) technologies currently available but not in

13 use in removing high-level radioactive waste from

14 the tanks;

15 (4) any technology gaps that exist to effect the

16 removal of high-level radioactive waste from the

17 tanks;

18 (5) other matters that in the judgement of the

19 National Research Council directly relate to the

20 focus of this study.

21 (c) TIME LIMITATION.—The National Research

22 Council shall conduct the review over a one year period

23 beginning upon execution of the contract described in sub24 section (a).
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1 (d) REPORTS.—(1) The National Research Council

2 shall submit its findings, conclusions and recommenda3 tions to the Secretary of Energy and to the relevant Com4 mittees of jurisdiction of the United States Senate and

5 House of Representatives.

6 (2) The final report shall be submitted in un7 classified form with classified annexes as necessary.

8 (e) PROVISION OF INFORMATION.—The Secretary of

9 Energy shall make available to the National Research

10 Council all of the information necessary to complete its

11 report in a timely manner.

12 (f) EXPEDITED PROCESSING OF SECURITY CLEAR13 ANCES.—For purposes of facilitating the commencement

14 of the study under this section, the Secretary of Energy

15 shall expedite to the fullest degree possible the processing

16 of security clearances that are necessary for the National

17 Research Council to conduct the study.

18 (g) FUNDING.—Of the amount authorized to be ap19 propriated in section 3102(a)(1) for environmental man20 agement for defense site acceleration completion,

21 $750,000 shall be available for the study authorized under

22 this section.
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1 SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFE2 GUARDS AND SECURITY.

3 (a) ANNUAL REPORT REQUIRED.—Subtitle C of title

4 XLVII of the Atomic Energy Defense Act (50 U.S.C.

5 2771 et seq.) is amended by adding at the end the fol6 lowing new section:

7 ‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFE8 GUARDS AND SECURITY.

9 ‘‘The Secretary of Energy shall submit to Congress

10 each year, in the budget justification materials submitted

11 to Congress in support of the budget of the President for

12 the fiscal year beginning in such year (as submitted under

13 section 1105(a) of title 31, United States Code), the fol14 lowing:

15 ‘‘(1) A detailed description and accounting of

16 the proposed obligations and expenditures by the

17 Department of Energy for safeguards and security

18 in carrying out programs necessary for the national

19 security for the fiscal year covered by such budget,

20 including any technologies on safeguards and secu21 rity proposed to be deployed or implemented during

22 such fiscal year.

23 ‘‘(2) With respect to the fiscal year ending in

24 the year before the year in which such budget is sub25 mitted, a detailed description and accounting of—
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1 ‘‘(A) the policy on safeguards and security,

2 including any modifications in such policy

3 adopted or implemented during such fiscal year;

4 ‘‘(B) any initiatives on safeguards and se5 curity in effect or implemented during such fis6 cal year;

7 ‘‘(C) the amount obligated and expended

8 for safeguards and security during such fiscal

9 year, set forth by total amount, by amount per

10 program, and by amount per facility; and

11 ‘‘(D) the technologies on safeguards and

12 security deployed or implemented during such

13 fiscal year.’’.

14 (b) CLERICAL AMENDMENT.—The table of contents

15 for that Act is amended by inserting after the item relat16 ing to section 4731 the following new item:

‘‘Sec. 4732. Annual report on expenditures for safeguards and security.’’.

17 SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTEL18 LIGENCE OFFICES OF DEPARTMENT OF EN19 ERGY AND NATIONAL NUCLEAR SECURITY

20 ADMINISTRATION WITHIN NATIONAL NU21 CLEAR SECURITY ADMINISTRATION.

22 (a) AUTHORITY.—The Secretary of Energy may con23 solidate the counterintelligence programs and functions re24 ferred to in subsection (b) within the Office of Defense

25 Nuclear Counterintelligence of the National Nuclear Secu-
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1 rity Administration and provide for their discharge by that

2 Office.

3 (b) COVERED PROGRAMS AND FUNCTIONS.—The

4 programs and functions referred to in this subsection are

5 as follows:

6 (1) The functions and programs of the Office of

7 Counterintelligence of the Department of Energy

8 under section 215 of the Department of Energy Or9 ganization Act (42 U.S.C. 7144b).

10 (2) The functions and programs of the Office of

11 Defense Nuclear Counterintelligence of the National

12 Nuclear Security Administration under section 3232

13 of the National Nuclear Security Administration Act

14 (50 U.S.C. 2422), including the counterintelligence

15 programs under section 3233 of that Act (50 U.S.C.

16 2423).

17 (c) ESTABLISHMENT OF POLICY.—The Secretary

18 shall have the responsibility to establish policy for the dis19 charge of the counterintelligence programs and functions

20 consolidated within the National Nuclear Security Admin21 istration under subsection (a) as provided for under sec22 tion 213 of the Department of Energy Organization Act

23 (42 U.S.C. 7144).

24 (d) PRESERVATION OF COUNTERINTELLIGENCE CA25 PABILITY.—In consolidating counterintelligence programs
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1 and functions within the National Nuclear Security Ad2 ministration under subsection (a), the Secretary shall en3 sure that the counterintelligence capabilities of the De4 partment of Energy and the National Nuclear Security

5 Administration are in no way degraded or compromised.

6 (e) REPORT ON EXERCISE OF AUTHORITY.—In the

7 event the Secretary exercises the authority in subsection

8 (a), the Secretary shall submit to the congressional de9 fense committees a report on the exercise of the authority.

10 The report shall include—

11 (1) a description of the manner in which the

12 counterintelligence programs and functions referred

13 to in subsection (b) shall be consolidated within the

14 Office of Defense Nuclear Counterintelligence of the

15 National Nuclear Security Administration and dis16 charged by that Office;

17 (2) a notice of the date on which that Office

18 shall commence the discharge of such programs and

19 functions, as so consolidated; and

20 (3) a proposal for such legislative action as the

21 Secretary considers appropriate to effectuate the dis22 charge of such programs and functions, as so con23 solidated, by that Office.

24 (f) DEADLINE FOR EXERCISE OF AUTHORITY.—The

25 authority in subsection (a) may be exercised, if at all, not
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1 later than one year after the date of the enactment of this

2 Act.

3 SEC. 3120. TREATMENT OF WASTE MATERIAL.

4 (a) AVAILABILITY OF FUNDS FOR TREATMENT.—Of

5 the amount authorized to be appropriated by section

6 3102(a)(1) for environmental management for defense site

7 acceleration completion, $350,000,000 shall be available

8 for the following purposes at the sites referred to in sub9 section (b):

10 (1) The safe management of tanks or tank

11 farms used to store waste from reprocessing activi12 ties.

13 (2) The on-site treatment and storage of wastes

14 from reprocessing activities and related waste.

15 (3) The consolidation of tank waste.

16 (4) The emptying and cleaning of storage

17 tanks.

18 (5) Actions under section 3116.

19 (b) SITES.—The sites referred to in this subsection

20 are as follows:

21 (1) The Idaho National Engineering and Envi22 ronmental Laboratory, Idaho.

23 (2) The Savannah River Site, Aiken, South

24 Carolina.

25 (3) The Hanford Site, Richland, Washington.
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1 (c) EFFECTIVE DATE.—This section shall become ef2 fective 1 day after enactment.

3 SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DE4 PARTMENT OF ENERGY ENVIRONMENTAL

5 MANAGEMENT 2006 CLOSURE SITES.

6 (a) ESTABLISHMENT.—(1) The Secretary of Energy

7 shall establish for each Department of Energy Environ8 mental Management 2006 closure site a local stakeholder

9 organization having the responsibilities set forth in sub10 section (c).

11 (2) The local stakeholder organization shall be estab12 lished in consultation with interested elected officials of

13 local governments in the vicinity of the closure site con14 cerned.

15 (b) COMPOSITION.—A local stakeholder organization

16 for a Department of Energy Environmental Management

17 2006 closure site under subsection (a) shall be composed

18 of such elected officials of local governments in the vicinity

19 of the closure site concerned as the Secretary considers

20 appropriate to carry out the responsibilities set forth in

21 subsection (c) who agree to serve on the organization, or

22 the designees of such officials.

23 (c) RESPONSIBILITIES.—A local stakeholder organi24 zation for a Department of Energy Environmental Man25 agement 2006 closure site under subsection (a) shall—
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1 (1) solicit and encourage public participation in

2 appropriate activities relating to the closure and

3 post-closure operations of the site;

4 (2) disseminate information on the closure and

5 post-closure operations of the site to the State gov6 ernment of the State in which the site is located,

7 local and Tribal governments in the vicinity of the

8 site, and persons and entities having a stake in the

9 closure or post-closure operations of the site;

10 (3) transmit to appropriate officers and employ11 ees of the Department of Energy questions and con12 cerns of governments, persons, and entities referred

13 to paragraph (2) on the closure and post-closure op14 erations of the site; and

15 (4) perform such other duties as the Secretary

16 and the local stakeholder organization jointly deter17 mine appropriate to assist the Secretary in meeting

18 post-closure obligations of the Department at the

19 site.

20 (d) DEADLINE FOR ESTABLISHMENT.—The local

21 stakeholder organization for a Department of Energy En22 vironmental Management 2006 closure site shall be estab23 lished not later than six months before the closure of the

24 site.
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1 (e) INAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act (5

3 U.S.C. App.) shall not apply to local stakeholder organiza4 tions under this section.

5 (f) DEPARTMENT OF ENERGY ENVIRONMENTAL

6 MANAGEMENT 2006 CLOSURE SITE DEFINED.—In this

7 section, the term ‘‘Department of Energy Environmental

8 Management 2006 closure site’’ means each clean up site

9 of the Department of Energy scheduled by the Depart10 ment as of January 1, 2004, for closure in 2006.

11 SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT

12 BENEFITS FOR CERTAIN WORKERS AT 2006

13 CLOSURE SITES AFTER CLOSURE OF SITES.

14 (a) REPORT REQUIRED.—Not later than 60 days

15 after the date of the enactment of this Act, the Assistant

16 Secretary of Energy for Environmental Management shall

17 submit to the Secretary of Energy a report on the mainte18 nance of retirements benefits for workers at Department

19 of Energy 2006 closure sites after the closure of such

20 sites.

21 (b) ELEMENTS.—The report under subsection (a)

22 shall include the following:

23 (1) The number of workers at Department of

24 Energy 2006 closure sites that could lose retirement
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1 benefits as a result of the early closure of such a

2 site.

3 (2) The impact on collective bargaining agree4 ments with workers at Department of Energy 2006

5 closure sites of the loss of their retirement benefits

6 as described in paragraph (1).

7 (3) The cost of providing retirement benefits,

8 after the closure of Department of Energy 2006 clo9 sure sites, to workers at such sites who would other10 wise lose their benefits as described in paragraph (1)

11 after the closure of such sites.

12 (c) TRANSMITTAL TO CONGRESS.—Not later than 30

13 days after receiving the report under subsection (a), the

14 Secretary shall transmit the report to Congress, together

15 with such recommendations, including recommendations

16 for legislative action, as the Secretary considers appro17 priate.

18 (d) DEFINITIONS.—In this section:

19 (1) The term ‘‘Department of Energy 2006 clo20 sure site’’ means the following:

21 (A) The Rocky Flats Environmental Tech22 nology Site, Colorado.

23 (B) The Fernald Plant, Ohio.

24 (C) The Mound Plant, Ohio.
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1 (2) The term ‘‘worker’’ means any employee

2 who is employed by contract to perform cleanup, se3 curity, or administrative duties or responsibilities at

4 a Department of Energy 2006 closure site.

5 (3) The term ‘‘retirement benefits’’ means

6 health, pension, and any other retirement benefits.

7 SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR

8 SECURITY ADMINISTRATION TO UNDER9 STAND PLUTONIUM AGING.

10 (a) STUDY.—(1) The Administrator for Nuclear Se11 curity shall enter into a contract with a Federally Funded

12 Research and Development Center (FFRDC) providing

13 for a study to assess the efforts of the National Nuclear

14 Security Administration to understand the aging of pluto15 nium in nuclear weapons.

16 (2) The Administrator shall make available to the

17 FFRDC contractor under this subsection all information

18 that is necessary for the contractor to successfully com19 plete a meaningful study on a timely basis.

20 (b) REPORT REQUIRED.—(1) Not later than two

21 years after the date of the enactment of this Act, the Ad22 ministrator shall submit to Congress a report on the find23 ings of the study on the efforts of the Administration to

24 understand the aging of plutonium in nuclear weapons.
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1 (2) The report shall include the recommendations of

2 the study for improving the knowledge, understanding,

3 and application of the fundamental and applied sciences

4 related to the study of plutonium aging.

5 (3) The report shall be submitted in unclassified

6 form, but may include a classified annex.

7 Subtitle C—Proliferation Matters

8 SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTER9 NATIONAL NUCLEAR MATERIALS PROTEC10 TION AND COOPERATION PROGRAM FUNDS

11 OUTSIDE THE FORMER SOVIET UNION.

12 (a) APPLICABILITY OF AUTHORITY LIMITED TO

13 PROJECTS NOT PREVIOUSLY AUTHORIZED.—Subsection

14 (a) of section 3124 of the National Defense Authorization

15 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

16 1747) is amended by inserting ‘‘that has not previously

17 been authorized by Congress’’ after ‘‘states of the former

18 Soviet Union’’.

19 (b) REPEAL OF LIMITATION ON TOTAL AMOUNT OF

20 OBLIGATION.—Such section is further amended—

21 (1) by striking subsection (c); and

22 (2) by redesignating subsections (d), (e), and

23 (f) as subsections (c), (d), and (e), respectively.
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1 SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF

2 FISSILE MATERIALS, RADIOLOGICAL MATE3 RIALS, AND RELATED EQUIPMENT AT VUL4 NERABLE SITES WORLDWIDE.

5 (a) SENSE OF CONGRESS.—(1) It is the sense of Con6 gress that the security, including the rapid removal or se7 cure storage, of high-risk, proliferation-attractive fissile

8 materials, radiological materials, and related equipment at

9 vulnerable sites worldwide should be a top priority among

10 the activities to achieve the national security of the United

11 States.

12 (2) It is the sense of Congress that the President may

13 establish in the Department of Energy a task force to be

14 known as the Task Force on Nuclear Materials to carry

15 out the program authorized by subsection (b).

16 (b) PROGRAM AUTHORIZED.—The Secretary of En17 ergy may carry out a program to undertake an acceler18 ated, comprehensive worldwide effort to mitigate the

19 threats posed by high-risk, proliferation-attractive fissile

20 materials, radiological materials, and related equipment

21 located at sites potentially vulnerable to theft or diversion.

22 (c) PROGRAM ELEMENTS.—(1) Activities under the

23 program under subsection (b) may include the following:

24 (A) Accelerated efforts to secure, remove, or

25 eliminate proliferation-attractive fissile materials or
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1 radiological materials in research reactors, other re2 actors, and other facilities worldwide.

3 (B) Arrangements for the secure shipment of

4 proliferation-attractive fissile materials, radiological

5 materials, and related equipment to other countries

6 willing to accept such materials and equipment, or

7 to the United States if such countries cannot be

8 identified, and the provision of secure storage or dis9 position of such materials and equipment following

10 shipment.

11 (C) The transportation of proliferation-attrac12 tive fissile materials, radiological materials, and re13 lated equipment from sites identified as proliferation

14 risks to secure facilities in other countries or in the

15 United States.

16 (D) The processing and packaging of prolifera17 tion-attractive fissile materials, radiological mate18 rials, and related equipment in accordance with re19 quired standards for transport, storage, and disposi20 tion.

21 (E) The provision of interim security upgrades

22 for vulnerable, proliferation-attractive fissile mate23 rials and radiological materials and related equip24 ment pending their removal from their current sites.
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1 (F) The utilization of funds to upgrade security

2 and accounting at sites where proliferation-attractive

3 fissile materials or radiological materials will remain

4 for an extended period of time in order to ensure

5 that such materials are secure against plausible po6 tential threats and will remain so in the future.

7 (G) The management of proliferation-attractive

8 fissile materials, radiological materials, and related

9 equipment at secure facilities.

10 (H) Actions to ensure that security, including

11 security upgrades at sites and facilities for the stor12 age or disposition of proliferation-attractive fissile

13 materials, radiological materials, and related equip14 ment, continues to function as intended.

15 (I) The provision of technical support to the

16 International Atomic Energy Agency (IAEA), other

17 countries, and other entities to facilitate removal of,

18 and security upgrades to facilities that contain, pro19 liferation-attractive fissile materials, radiological ma20 terials, and related equipment worldwide.

21 (J) The development of alternative fuels and ir22 radiation targets based on low-enriched uranium to

23 convert research or other reactors fueled by highly24 enriched uranium to such alternative fuels, as well

25 as the conversion of reactors and irradiation targets
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1 employing highly-enriched uranium to employment

2 of such alternative fuels and targets.

3 (K) Accelerated actions for the blend down of

4 highly-enriched uranium to low-enriched uranium.

5 (L) The provision of assistance in the closure

6 and decommissioning of sites identified as presenting

7 risks of proliferation of proliferation-attractive fissile

8 materials, radiological materials, and related equip9 ment.

10 (M) Programs to—

11 (i) assist in the placement of employees

12 displaced as a result of actions pursuant to the

13 program in enterprises not representing a pro14 liferation threat; and

15 (ii) convert sites identified as presenting

16 risks of proliferation regarding proliferation-at17 tractive fissile materials, radiological materials,

18 and related equipment to purposes not rep19 resenting a proliferation threat to the extent

20 necessary to eliminate the proliferation threat.

21 (2) The Secretary of Energy shall, in coordination

22 with the Secretary of State, carry out the program in con23 sultation with, and with the assistance of, appropriate de24 partments, agencies, and other entities of the United

25 States Government.
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1 (3) The Secretary of Energy shall, with the concur2 rence of the Secretary of State, carry out activities under

3 the program in collaboration with such foreign govern4 ments, non-governmental organizations, and other inter5 national entities as the Secretary considers appropriate for

6 the program.

7 (d) REPORTS.—(1) Not later than March 15, 2005,

8 the Secretary shall submit to Congress a classified interim

9 report on the program under subsection (b).

10 (2) Not later than January 1, 2006, the Secretary

11 shall submit to Congress a classified final report that in12 cludes the following:

13 (A) A survey by the Secretary of the facilities

14 and sites worldwide that contain proliferation-attrac15 tive fissile materials, radiological materials, or re16 lated equipment.

17 (B) A list of sites determined by the Secretary

18 to be of the highest priority, taking into account risk

19 of theft from such sites, for removal or security of

20 proliferation-attractive fissile materials, radiological

21 materials, or related equipment, organized by level of

22 priority.

23 (C) A plan, including activities under the pro24 gram under this section, for the removal, security, or

25 both of proliferation-attractive fissile materials, radi-
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1 ological materials, or related equipment at vulner2 able facilities and sites worldwide, including measur3 able milestones, metrics, and estimated costs for the

4 implementation of the plan.

5 (3) A summary of each report under this subsection

6 shall also be submitted to Congress in unclassified form.

7 (e) FUNDING.—Amounts authorized to be appro8 priated to the Secretary of Energy for defense nuclear

9 nonproliferation activities shall be available for purposes

10 of the program under this section.

11 (f) DEFINITIONS.—In this section:

12 (1) The term ‘‘fissile materials’’ means pluto13 nium, highly-enriched uranium, or other material ca14 pable of sustaining an explosive nuclear chain reac15 tion, including irradiated items containing such ma16 terials if the radiation field from such items is not

17 sufficient to prevent the theft or misuse of such

18 items.

19 (2) The term ‘‘radiological materials’’ includes

20 Americium-241, Californium-252, Cesium-137, Co21 balt-60, Iridium-192, Plutonium-238, Radium-226

22 and Strontium-90, Curium-244, Strontium-90, and

23 irradiated items containing such materials, or other

24 materials designated by the Secretary of Energy for

25 purposes of this paragraph.
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1 (3) The term ‘‘related equipment’’ includes

2 equipment useful for enrichment of uranium in the

3 isotope 235 and for extraction of fissile materials

4 from irradiated fuel rods and other equipment des5 ignated by the Secretary of Energy for purposes of

6 this section.

7 (4) The term ‘‘highly-enriched uranium’’ means

8 uranium enriched to or above 20 percent in isotope

9 235.

10 (5) The term ‘‘low-enriched uranium’’ means

11 uranium enriched below 20 percent in isotope 235.

12 (6) The term ‘‘proliferation-attractive’’, in the

13 case of fissile materials and radiological materials,

14 means quantities and types of such materials that

15 are determined by the Secretary of Energy to

16 present a significant risk to the national security of

17 the United States if diverted to a use relating to

18 proliferation.

19 Subtitle D—Other Matters

20 SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY

21 CONTRACTORS.

22 Section 170 d.(1)(A) of the Atomic Energy Act of

23 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking

24 ‘‘until December 31, 2004’’ and inserting ‘‘until December

25 31, 2006’’.
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1 SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR AP2 POINTMENT OF CERTAIN SCIENTIFIC, ENGI3 NEERING, AND TECHNICAL PERSONNEL.

4 Section 4601(c)(1) of the Atomic Energy Defense Act

5 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep6 tember 30, 2004’’ and inserting ‘‘September 30, 2006’’.

7 SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCU8 PATIONAL ILLNESS COMPENSATION PRO9 GRAM AUTHORITIES.

10 (a) STATE AGREEMENTS.—Section 3661 of the Floyd

11 D. Spence National Defense Authorization Act for Fiscal

12 Year 2001 (as enacted into law by Public Law 106–394)

13 (42 U.S.C. 7385o) is amended—

14 (1) in subsection (b), by striking ‘‘Pursuant to

15 agreements under subsection (a), the’’ and inserting

16 ‘‘The’’;

17 (2) in subsection (c), by striking ‘‘provided in

18 an agreement under subsection (a), and if’’; and

19 (3) in subsection (e), by striking ‘‘If provided in

20 an agreement under subsection (a)’’ and inserting

21 ‘‘If a panel has reported a determination under sub22 section (d)(5)’’.

23 (b) PHYSICIAN PANELS.—Subsection (d) of such sec24 tion is amended by striking paragraph (2) and inserting

25 the following new paragraph (2):
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1 ‘‘(2) The Secretary of Health and Human Services

2 shall, in consultation with the Secretary of Energy, select

3 the individuals to serve as panel members based on experi4 ence and competency in diagnosing occupational illnesses.

5 The Secretary shall appoint the individuals so selected as

6 panel members or shall obtain by contract the services of

7 such individuals as panel members.’’.

8 SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VI9 CINITY OF LOS ALAMOS NATIONAL LABORA10 TORY, NEW MEXICO.

11 The Secretary of Energy shall require that the pri12 mary management and operations contract for Los Ala13 mos National Laboratory, New Mexico, that involves Lab14 oratory operations after September 30, 2005, shall contain

15 terms requiring the contractor under such contract to pro16 vide support to the Los Alamos Public School District,

17 New Mexico, for the elementary and secondary education

18 of students by the School District in the amount of

19 $8,000,000 in each fiscal year.

20 SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT,

21 NEW MEXICO, PURSUANT TO COMPETITIVE

22 CONTRACT.

23 (a) CONTRACT REQUIREMENT.—The Secretary of

24 Energy shall use competitive procedures to enter into a

25 contract to conduct independent reviews and evaluations
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1 of the design, construction, and operations of the Waste

2 Isolation Pilot Plant in New Mexico (hereafter in this sec3 tion referred as the ‘‘WIPP’’) as they relate to the protec4 tion of the public health and safety and the environment.

5 The contract shall be for a period of one year, beginning

6 on October 1, 2004, and shall be renewable for four addi7 tional one-year periods with the consent of the contractor

8 and subject to the authorization and appropriation of

9 funds for such purpose.

10 (b) CONTENT OF CONTRACT.—A contract entered

11 into under subsection (a) shall require the following:

12 (1) The contractor shall appoint a Director and

13 Deputy Director, who shall be scientists of national

14 eminence in the field of nuclear waste disposal, shall

15 be free from any biases related to the activities of

16 the WIPP, and shall be widely known for their in17 tegrity and scientific expertise.

18 (2) The Director shall appoint staff. The pro19 fessional staff shall consist of scientists and engi20 neers of recognized integrity and scientific expertise

21 who represent scientific and engineering disciplines

22 needed for a thorough review of the WIPP, including

23 disciplines such as geology, hydrology, health phys24 ics, environmental engineering, probability risk anal25 ysis, mining engineering, and radiation chemistry.
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1 The disciplines represented in the staff shall change

2 as may be necessary to meet changed needs in car3 rying out the contract for expertise in any certain

4 scientific or engineering discipline. Scientists em5 ployed under the contract shall have qualifications

6 and experience equivalent to the qualifications and

7 experience required for scientists employed by the

8 Federal Government in grades GS–13 through GS–

9 15.

10 (3) Scientists employed under the contract shall

11 have an appropriate support staff.

12 (4) The Director and Deputy Director shall

13 each be appointed for a term of 5 years, subject to

14 contract renewal, and may be removed only for mis15 conduct or incompetence. The staff shall be ap16 pointed for such terms as the Director considers ap17 propriate.

18 (5) The rates of pay of professional staff and

19 the procedures for increasing the rates of pay of pro20 fessional staff shall be equivalent to those rates and

21 procedures provided for the General Schedule pay

22 system under chapter 53 of title 5, United States

23 Code.

24 (6) The results of reviews and evaluations car25 ried out under the contract shall be published.
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1 (c) ADMINISTRATION.—The contractor shall establish

2 general policies and guidelines to be used by the Director

3 in carrying out the work under the contract.

4 SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW

5 MEXICO, HOMESTEADERS FOR ACQUISITION

6 OF LANDS FOR MANHATTAN PROJECT IN

7 WORLD WAR II.

8 (a) ESTABLISHMENT OF COMPENSATION FUND.—

9 There is established in the Treasury of the United States

10 a fund to be known as the Pajarito Plateau Homesteaders

11 Compensation Fund (in this section referred to as the

12 ‘‘Fund’’). The Fund shall be dedicated to the settlement

13 of the two lawsuits in the United States District Court

14 for the District of New Mexico consolidated as Civ. No.

15 00–60.

16 (b) ELEMENTS OF FUND.—The Fund shall consist

17 of the following:

18 (1) Amounts available for deposit in the Fund

19 under subsection (j).

20 (2) Interest earned on amounts in the Fund

21 under subsection (g).

22 (c) USE OF FUND.—The Fund shall be available for

23 the settlement of the consolidated lawsuits in accordance

24 with the following requirements:
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1 (1) The settlement shall be subject to prelimi2 nary and final approval by the Court in accordance

3 with rule 23(e) of the Federal Rules of Civil Proce4 dure.

5 (2) Lead Counsel and Counsel for the United

6 States of America shall recommend to the Court rea7 sonable procedures by which the claims for monies

8 from the Fund shall be administered, which rec9 ommendations shall include mechanisms—

10 (A) to identify class members;

11 (B) to receive claims from class members

12 so identified;

13 (C) to determine in accordance with sub14 section (d) eligible claimants from among class

15 members submitting claims; and

16 (D) to resolve contests, if any, among eligi17 ble claimants with respect to a particular eligi18 ble tract regarding the disbursement of monies

19 in the Fund with respect to such eligible tract.

20 (3) Lead Counsel and Counsel for the United

21 States of America shall provide evidence to the

22 Court to assist the Court in—

23 (A) identifying each class member by name

24 and whereabouts;
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1 (B) providing notice of the settlement

2 process for the consolidated lawsuits to each

3 class member so identified; and

4 (C) providing the forms, and describing the

5 procedure, for making claims to each class

6 member so identified.

7 (4) After the provision of notice to class mem8 bers under paragraph (3), if, within a time period to

9 be established by the Court, more than 10 percent

10 of the class members submit to the Court written

11 notice of their determination to be excluded from

12 participation in the settlement of the consolidated

13 lawsuits—

14 (A) the Fund shall not serve as the basis

15 for the settlement of the consolidated lawsuits

16 and the provisions of this section shall have no

17 further force or effect; and

18 (B) amounts in the Fund shall not be dis19 bursed, but shall be retained in the Treasury as

20 miscellaneous receipts.

21 (5) The Court may award attorney fees and ex22 penses from the Fund pursuant to rule 23 of the

23 Federal Rules of Civil Procedure, except that the

24 award of attorney fees may not exceed 20 percent of

25 the Fund and the award of expenses may not exceed
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1 2 percent of the Fund. Any attorney fees and ex2 penses so paid shall be paid from the Fund before

3 distribution of the amount in the Fund to eligible

4 claimants entitled thereto.

5 (6) The Fund shall be available to pay settle6 ment awards in accordance with the following:

7 (A) The balance of the amount of the

8 Fund that is available for disbursement after

9 any award of attorney fees and expenses under

10 paragraph (5) shall be allocated proportionally

11 by eligible tract according to its acreage as

12 compared with all eligible tracts.

13 (B) The allocation for each eligible tract

14 shall be allocated pro rata among all eligible

15 claimants having an interest in such eligible

16 tract according to the extent of their interest in

17 such eligible tract, as determined under the

18 laws of the State of New Mexico.

19 (C) Payments from the Fund under this

20 paragraph shall be made by the Secretary of

21 the Treasury.

22 (7) Any amounts available for disbursement

23 with respect to an eligible tract that are not awarded

24 to eligible claimants with respect to that tract by
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1 reason of paragraph (6)(B) shall be retained in the

2 Treasury as miscellaneous receipts.

3 (d) ELIGIBLE CLAIMANTS.—(1) For purposes of this

4 section, an eligible claimant is any class member deter5 mined by the Court, by a preponderance of evidence and

6 pursuant to procedures established under subsection

7 (c)(2), to be a person or entity who held a fee simple own8 ership in an eligible tract at the time of its acquisition

9 by the United States during World War II for use in the

10 Manhattan Project, or the heir, successor in interest, as11 signee, or beneficiary of such a person or entity.

12 (2) The status of a person or entity as an heir, suc13 cessor in interest, assignee, or beneficiary for purposes of

14 this subsection shall be determined under the laws of the

15 State of New Mexico, including the descent and distribu16 tion law of the State of New Mexico.

17 (e) FULL RESOLUTION OF CLAIMS AGAINST UNITED

18 STATES.—(1) The acceptance of a disbursement from the

19 Fund by an eligible claimant under this section shall con20 stitute a final and complete release of the defendants in

21 the consolidated lawsuits with respect to such eligible

22 claimant, and shall be in full satisfaction of any and all

23 claims of such eligible claimant against the United States

24 arising out of acts described in the consolidated lawsuits.
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1 (2) Upon the disbursement of the amount in the

2 Fund to eligible claimants entitled thereto under this sec3 tion, the Court shall, subject to the provisions of rule 23(e)

4 of the Federal Rules of Civil Procedure, enter a final judg5 ment dismissing with prejudice the consolidated lawsuits

6 and all claims and potential claims on matters covered by

7 the consolidated lawsuits.

8 (f) COMPENSATION LIMITED TO AMOUNTS IN

9 FUND.—(1) An eligible claimant may be paid under this

10 section only from amounts in the Fund.

11 (2) Nothing in this section shall authorize the pay12 ment to a class member by the United States Government

13 of any amount authorized by this section from any source

14 other than the Fund.

15 (g) INVESTMENT OF FUND.—(1) The Secretary of

16 the Treasury shall, in accordance with the requirements

17 of section 9702 of title 31, United States Code, and the

18 provisions of this subsection, direct the form and manner

19 by which the Fund shall be safeguarded and invested so

20 as to maximize its safety while earning a return com21 parable to other common funds in which the United States

22 Treasury is the source of payment.

23 (2) Interest on the amount deposited in the Fund

24 shall accrue from the date of the enactment of the Act

25 appropriating amounts for deposit in the Fund until the
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1 date on which the Secretary of the Treasury disburses the

2 amount in the Fund to eligible claimants who are entitled

3 thereto under subsection (c).

4 (h) PRESERVATION OF RECORDS.—(1) All docu5 ments, personal testimony, and other records created or

6 received by the Court in the consolidated lawsuits shall

7 be kept and maintained by the Archivist of the United

8 States, who shall preserve such documents, testimony, and

9 records in the National Archives of the United States.

10 (2) The Archivist shall make available to the public

11 the materials kept and maintained under paragraph (1).

12 (i) DEFINITIONS.—In this section:

13 (1) The term ‘‘Court’’ means the United States

14 District Court for the District of New Mexico having

15 jurisdiction over the consolidated lawsuits.

16 (2) The term ‘‘consolidated lawsuits’’ means the

17 two lawsuits in the United States District Court for

18 the District of New Mexico consolidated as Civ. No.

19 00–60.

20 (3)(A) The term ‘‘eligible tract’’ means private

21 real property located on the Pajarito Plateau of

22 what is now Los Alamos County, New Mexico, that

23 was acquired by the United States during World

24 War II for use in the Manhattan Project and which

25 is the subject of the consolidated lawsuits.
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1 (B) The term does not include lands of the Los

2 Alamos Ranch School and of the A.M. Ross Estate

3 (doing business as Anchor Ranch).

4 (4) The term ‘‘class member’’ means the fol5 lowing:

6 (A) Any person or entity who claims to

7 have held a fee simple ownership in an eligible

8 tract at the time of its acquisition by the

9 United States during World War II for use in

10 the Manhattan Project.

11 (B) Any person or entity claiming to be

12 the heir, successor in interest, assignee, or ben13 eficiary of a person or entity who held a fee

14 simple ownership in an eligible tract at the time

15 of its acquisition by the United States during

16 World War II for use in the Manhattan Project.

17 (j) FUNDING.—Of the amount authorized to be ap18 propriated by section 3101(a)(4) for the National Nuclear

19 Security Administration for the Office of the Adminis20 trator for Nuclear Security, $10,000,000 shall be available

21 for deposit in the Fund under subsection (b)(1).
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1 Subtitle E—Energy Employees Oc2 cupational Illness Compensa3 tion Program

4 SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCE5 MENTS OF ENERGY EMPLOYEES OCCUPA6 TIONAL ILLNESS COMPENSATION PROGRAM.

7 Notwithstanding any other provision of this Act, sec8 tion 3143, relating to enhancements of the Energy Em9 ployees Occupational Illness Compensation Program, shall

10 have no force or effect, and the amendments specified in

11 such section shall not be made.

12 SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR

13 ENERGY EMPLOYEES UNDER ENERGY EM14 PLOYEE OCCUPATIONAL ILLNESS COM15 PENSATION PROGRAM IN WESTERN NEW

16 YORK AND WESTERN PENNSYLVANIA RE17 GION.

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

19 findings:

20 (1) New York has 36 current or former Depart21 ment of Energy facilities involved in nuclear weap22 ons production-related activities statewide, mostly

23 atomic weapons employer facilities, and 14 such fa24 cilities in western New York. Despite having one of

25 the greatest concentrations of such facilities in the
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1 United States, western New York, and abutting

2 areas of Pennsylvania, continue to be severely under3 served by the Energy Employees Occupational Ill4 ness Compensation Program under the Energy Em5 ployees Occupational Illness Compensation Program

6 Act of 2000 (title XXXVI of the Floyd D. Spence

7 National Defense Authorization Act for Fiscal Year

8 2001 (as enacted into law by Public Law 106–398);

9 42 U.S.C. 7384 et seq.).

10 (2) The establishment of a permanent resource

11 center in western New York would represent a sub12 stantial step toward improving services under the

13 Energy Employees Occupational Illness Compensa14 tion Program for energy employees in this region.

15 (3) The number of claims submitted to the De16 partment under subtitle B of the Energy Employees

17 Occupational Illness Compensation Program Act of

18 2000 from the western New York region, including

19 western Pennsylvania, exceeds the number of such

20 claims filed at resource centers in Hanford, Wash21 ington, Portsmouth, Ohio, Los Alamos, New Mexico,

22 the Nevada Test Site, Nevada, the Rocky Flats En23 vironmental Technology Site, Colorado, the Idaho

24 National Engineering Laboratory, Idaho, and the

25 Amchitka Test Site, Alaska.
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1 (4) Energy employees in the western New York

2 region, including western Pennsylvania, deserve as3 sistance under subtitle B of the Energy Employees

4 Occupational Illness Compensation Program Act of

5 2000 commensurate with the assistance provided en6 ergy employees at other locations in the United

7 States.

8 (b) SENSE OF SENATE.—It is the sense of the Senate

9 to encourage the Office of Ombudsman of the Department

10 of Labor, as established by section 3669 of the Energy

11 Employees Occupational Illness Compensation Program

12 Act of 2000 (as amended by section 3163 of this Act),

13 to—

14 (1) review the availability of assistance under

15 subtitle B of the Energy Employees Occupational

16 Illness Compensation Program Act of 2000 for en17 ergy employees in the western New York region, in18 cluding western Pennsylvania; and

19 (2) recommend a location in that region for a

20 resource center to provide such assistance to such

21 energy employees.
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1 SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DES2 IGNATED BY PRESIDENT AS MEMBERS OF CO3 HORT.

4 Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10

5 7384l(14)(C)(ii)) is amended by striking ‘‘180 days’’ and

6 inserting ‘‘60 days.’’

7 SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR

8 WEAPONS PROGRAM WORKERS IN SPECIAL

9 EXPOSURE COHORT UNDER THE ENERGY EM10 PLOYEES OCCUPATIONAL ILLNESS COM11 PENSATION PROGRAM.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) Energy workers at the former Mallinkrodt

15 facilities (including the St. Louis downtown facility

16 and the Weldon Springs facility) were exposed to

17 levels of radionuclides and radioactive materials that

18 were much greater than the current maximum allow19 able Federal standards.

20 (2) The Mallinkrodt workers at the St. Louis

21 site were exposed to excessive levels of airborne ura22 nium dust relative to the standards in effect during

23 the time, and many workers were exposed to 200

24 times the preferred levels of exposure.

25 (3)(A) The chief safety officer for the Atomic

26 Energy Commission during the Mallinkrodt-St.
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1 Louis operations described the facility as 1 of the 2

2 worst plants with respect to worker exposures.

3 (B) Workers were excreting in excess of a milli4 gram of uranium per day causing kidney damage.

5 (C) A recent epidemiological study found excess

6 levels of nephritis and kidney cancer from inhalation

7 of uranium dusts.

8 (4) The Department of Energy has admitted

9 that those Mallinkrodt workers were subjected to

10 risks and had their health endangered as a result of

11 working with these highly radioactive materials.

12 (5) The Department of Energy reported that

13 workers at the Weldon Springs feed materials plant

14 handled plutonium and recycled uranium, which are

15 highly radioactive.

16 (6) The National Institute of Occupational

17 Safety and Health admits that—

18 (A) the operations at the St. Louis down19 town site consisted of intense periods of proc20 essing extremely high levels of radionuclides;

21 and

22 (B) the Institute has virtually no personal

23 monitoring data for Mallinkrodt workers prior

24 to 1948.
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1 (7) The National Institute of Occupational

2 Safety and Health has informed claimants and their

3 survivors at those 3 Mallinkrodt sites that if they

4 are not interviewed as a part of the dose reconstruc5 tion process, it—

6 (A) would hinder the ability of the Insti7 tute to conduct dose reconstruction for the

8 claimant; and

9 (B) may result in a dose reconstruction

10 that incompletely or inaccurately estimates the

11 radiation dose to which the energy employee

12 named in the claim had been exposed.

13 (8) Energy workers at the Iowa Army Ammuni14 tion Plant (also known as the Burlington Atomic

15 Energy Commission Plant and the Iowa Ordnance

16 Plant) between 1947 and 1975 were exposed to lev17 els of radionuclides and radioactive material, includ18 ing enriched uranium, plutonium, tritium, and de19 pleted uranium, in addition to beryllium and photon

20 radiation, that are greater than the current max21 imum Federal standards for exposure.

22 (9) According to the National Institute of Occu23 pational Safety and Health—

24 (A) between 1947 and 1975, no records,

25 including bioassays or air samples, have been
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1 located that indicate any monitoring occurred of

2 internal doses of radiation to which workers de3 scribed in paragraph (8) were exposed;

4 (B) between 1947 and 1955, no records,

5 including dosimetry badges, have been located

6 to indicate that any monitoring occurred of the

7 external doses of radiation to which such work8 ers were exposed;

9 (C) between 1955 and 1962, records indi10 cate that only 8 to 23 workers in a workforce

11 of over 1,000 were monitored for external radi12 ation doses; and

13 (D) between 1970 and 1975, the high

14 point of screening at the Iowa Army Ammuni15 tion Plant, only 25 percent of the workforce

16 was screened for exposure to external radiation.

17 (10) The Department of Health and Human

18 Services published the first notice of proposed rule19 making concerning the Special Exposure Cohort on

20 June 25, 2002, and the final rule published on May

21 26, 2004.

22 (11) Many of those former workers have died

23 while waiting for the proposed rule to be finalized,

24 including some claimants who were waiting for dose

25 reconstruction to be completed.
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1 (12) Because of the aforementioned reasons, in2 cluding the serious lack of records and the death of

3 many potential claimants, it is not feasible to con4 duct valid dose reconstructions for the Iowa Army

5 Ammunition Plant facility or the Mallinkrodt facili6 ties.

7 (b) INCLUSION OF CERTAIN FORMER WORKERS IN

8 COHORT.—Section 3621(14) of the Energy Employees

9 Occupational Illness Compensation Program Act of 2000

10 (title XXXVI of the Floyd D. Spence National Defense

11 Authorization Act for Fiscal Year 2001 (as enacted into

12 law by Public Law 106–398); 42 U.S.C. 7384l(14)) is

13 amended—

14 (1) by redesignating subparagraph (C) as sub15 paragraph (D); and

16 (2) by inserting after subparagraph (B) the fol17 lowing new subparagraph (C):

18 ‘‘(C) Subject to the provisions of section

19 3612A and section 3146(e) of the National De20 fense Authorization Act for Fiscal Year 2005,

21 the employee was so employed for a number of

22 work days aggregating at least 45 workdays at

23 a facility operated under contract to the De24 partment of Energy by Mallinkrodt Incor25 porated or its successors (including the St.
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1 Louis downtown or ‘Destrehan’ facility during

2 any of calendar years 1942 through 1958 and

3 the Weldon Springs feed materials plant facility

4 during any of calendar years 1958 through

5 1966), or at a facility operated by the Depart6 ment of Energy or under contract by Mason &

7 Hangar-Silas Mason Company at the Iowa

8 Army Ammunition Plant (also known as the

9 Burlington Atomic Energy Commission Plant

10 and the Iowa Ordnance Plant) during any of

11 the calendar years 1947 through 1975, and

12 during the employment—

13 ‘‘(i)(I) was monitored through the use

14 of dosimetry badges for exposure at the

15 plant of the external parts of an employ16 ee’s body to radiation; or

17 ‘‘(II) was monitored through the use

18 of bioassays, in vivo monitoring, or breath

19 samples for exposure at the plant to inter20 nal radiation; or

21 ‘‘(ii) worked in a job that had expo22 sures comparable to a job that is mon23 itored, or should have been monitored,

24 under standards of the Department of En25 ergy in effect on the date of enactment of
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1 this subparagraph through the use of do2 simetry badges for monitoring external ra3 diation exposures, or bioassays, in vivo

4 monitoring, or breath samples for internal

5 radiation exposures, at a facility.’’.

6 (c) FUNDING OF COMPENSATION AND BENEFITS.—

7 (1) Such Act is further amended by inserting after section

8 3612 the following new section:

9 ‘‘SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS

10 FOR CERTAIN MEMBERS OF THE SPECIAL EX11 POSURE COHORT.

12 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

13 is hereby authorized to be appropriated to the Department

14 of Labor for each fiscal year after fiscal year 2004 such

15 sums as may be necessary for the provision of compensa16 tion and benefits under the compensation program for

17 members of the Special Exposure Cohort described in sec18 tion 3621(14)(C) in such fiscal year.

19 ‘‘(b) PROHIBITION ON USE FOR ADMINISTRATIVE

20 COSTS.—(1) No amount authorized to be appropriated by

21 subsection (a) may be utilized for purposes of carrying out

22 the compensation program for the members of the Special

23 Exposure Cohort referred to in that subsection or admin24 istering the amount authorized to be appropriated by sub25 section (a).
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1 ‘‘(2) Amounts for purposes described in paragraph

2 (1) shall be derived from amounts authorized to be appro3 priated by section 3614(a).

4 ‘‘(c) PROVISION OF COMPENSATION AND BENEFITS

5 SUBJECT TO APPROPRIATIONS ACTS.—The provision of

6 compensation and benefits under the compensation pro7 gram for members of the Special Exposure Cohort re8 ferred to in subsection (a) in any fiscal year shall be sub9 ject to the availability of appropriations for that purpose

10 for such fiscal year and to applicable provisions of appro11 priations Acts.’’.

12 (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d))

13 is amended—

14 (A) by inserting ‘‘(1)’’ before ‘‘Subject’’; and

15 (B) by adding at the end the following new

16 paragraph:

17 ‘‘(2) Amounts for the provision of compensation and

18 benefits under the compensation program for members of

19 the Special Exposure Cohort described in section

20 3621(14)(C) may be derived from amounts authorized to

21 be appropriated by section 3612A(a).’’.

22 (d) OFFSET.—The total amount authorized to be ap23 propriated under subtitle A of this title is hereby reduced

24 by $61,000,000.
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1 (e) CERTIFICATION.—Funds shall be available to pay

2 claims approved by the National Institute of Occupational

3 Safety and Health for a facility by reason of section

4 3621(14)(C) of the Energy Employees Occupational Ill5 ness Compensation Program Act of 2000, as amended by

6 subsection (b)(2), if the Director of the National Institute

7 of Occupational Safety and Health certifies with respect

8 to such facility each of the following:

9 (1) That no atomic weapons work or related

10 work has been conducted at such facility after 1976.

11 (2) That fewer than 50 percent of the total

12 number of workers engaged in atomic weapons work

13 or related work at such facility were accurately mon14 itored for exposure to internal and external ionizing

15 radiation during the term of their employment.

16 (3) That individual internal and external expo17 sure records for employees at such facility are not

18 available, or the exposure to radiation of at least 40

19 percent of the exposed workers at such facility can20 not be determined from the individual internal and

21 external exposure records that are available.

22 (f) SENSE OF THE SENATE.—It is the sense of the

23 Senate that all employees who are eligible to apply for ben24 efits under the compensation program established by the

25 Energy Employees Occupational Illness Compensation Act
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1 should be treated fairly and equitably with regard to inclu2 sion under the special exposure cohort provisions of this

3 Act.

4 TITLE XXXII—DEFENSE NU5 CLEAR FACILITIES SAFETY

6 BOARD

7 SEC. 3201. AUTHORIZATION.

8 There are authorized to be appropriated for fiscal

9 year 2005, $21,268,000 for the operation of the Defense

10 Nuclear Facilities Safety Board under chapter 21 of the

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

12 TITLE XXXIII—NATIONAL

13 DEFENSE STOCKPILE

14 SEC. 3301. DISPOSAL OF FERROMANGANESE.

15 (a) DISPOSAL AUTHORIZED.—The Secretary of De16 fense may dispose of up to 50,000 tons of ferromanganese

17 from the National Defense Stockpile during fiscal year

18 2005.

19 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS20 POSAL.—After the disposal of ferromanganese authorized

21 by subsection (a)—

22 (1) the Secretary may dispose of up to an addi23 tional 25,000 tons of ferromanganese from the Na24 tional Defense Stockpile before September 30, 2005;

25 and
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1 (2) if the Secretary completes the disposal au2 thorized by paragraph (1) before September 30,

3 2005, the Secretary may dispose of up to an addi4 tional 25,000 tons of ferromanganese from the Na5 tional Defense Stockpile before that date.

6 (c) CERTIFICATION.—The Secretary may dispose of

7 ferromanganese under paragraph (1) or (2) of subsection

8 (b) only if the Secretary, with the concurrence of the Sec9 retary of Commerce, certifies to the congressional defense

10 committees not later than 30 days before the commence11 ment of disposal under the applicable paragraph that—

12 (1) the disposal of ferromanganese under such

13 paragraph is in the national interest due to extraor14 dinary circumstances in markets for

15 ferromanganese;

16 (2) the disposal of ferromanganese under such

17 paragraph will not cause undue harm to domestic

18 manufacturers of ferroalloys; and

19 (3) the disposal of ferromanganese under such

20 paragraph is consistent with the requirements and

21 purpose of the National Defense Stockpile under the

22 Strategic and Critical Materials Stock Piling Act (50

23 U.S.C. 98 et seq.).

24 (d) DELEGATION OF RESPONSIBILITY.—The Sec25 retary of Defense and the Secretary of Commerce may
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1 each delegate the responsibility of such Secretary under

2 subsection (c) to an appropriate official within the Depart3 ment of Defense or the Department of Commerce, as the

4 case may be.

5 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

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

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

8 Critical Materials Stock Piling Act (50 U.S.C. 98c).

9 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES

10 FOR CERTAIN PREVIOUSLY AUTHORIZED DIS11 POSALS FROM THE NATIONAL DEFENSE

12 STOCKPILE.

13 Section 3303(a) of the Strom Thurmond National

14 Defense Authorization Act for Fiscal Year 1999 (50

15 U.S.C. 98d note) is amended—

16 (1) in paragraph (4), by striking ‘‘and’’ at the

17 end;

18 (2) in paragraph (5), by striking the period at

19 the end and inserting ‘‘; and’’; and

20 (3) by adding at the end the following new

21 paragraph:

22 ‘‘(6) $870,000,000 by the end of fiscal year

23 2014.’’.
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1 SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT

2 CERTAIN FACILITIES.

3 (a) PROHIBITION.—The Secretary of Defense may

4 not store mercury from the National Defense Stockpile at

5 any facility that is not owned or leased by the United

6 States.

7 (b) NATIONAL DEFENSE STOCKPILE DEFINED.—In

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

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

10 Critical Materials Stock Piling Act (50 U.S.C. 98c).

11 TITLE XXXIV—LOCAL LAW EN12 FORCEMENT ENHANCEMENT

13 ACT.

14 SEC. 3401. SHORT TITLE.

15 This title may be cited as the ‘‘Local Law Enforce16 ment Enhancement Act of 2004’’.

17 SEC. 3402. FINDINGS.

18 Congress makes the following findings:

19 (1) The incidence of violence motivated by the

20 actual or perceived race, color, religion, national ori21 gin, gender, sexual orientation, or disability of the

22 victim poses a serious national problem.

23 (2) Such violence disrupts the tranquility and

24 safety of communities and is deeply divisive.

25 (3) State and local authorities are now and will

26 continue to be responsible for prosecuting the over-
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1 whelming majority of violent crimes in the United

2 States, including violent crimes motivated by bias.

3 These authorities can carry out their responsibilities

4 more effectively with greater Federal assistance.

5 (4) Existing Federal law is inadequate to ad6 dress this problem.

7 (5) The prominent characteristic of a violent

8 crime motivated by bias is that it devastates not just

9 the actual victim and the family and friends of the

10 victim, but frequently savages the community shar11 ing the traits that caused the victim to be selected.

12 (6) Such violence substantially affects interstate

13 commerce in many ways, including—

14 (A) by impeding the movement of members

15 of targeted groups and forcing such members to

16 move across State lines to escape the incidence

17 or risk of such violence; and

18 (B) by preventing members of targeted

19 groups from purchasing goods and services, ob20 taining or sustaining employment, or partici21 pating in other commercial activity.

22 (7) Perpetrators cross State lines to commit

23 such violence.
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1 (8) Channels, facilities, and instrumentalities of

2 interstate commerce are used to facilitate the com3 mission of such violence.

4 (9) Such violence is committed using articles

5 that have traveled in interstate commerce.

6 (10) For generations, the institutions of slavery

7 and involuntary servitude were defined by the race,

8 color, and ancestry of those held in bondage. Slavery

9 and involuntary servitude were enforced, both prior

10 to and after the adoption of the 13th amendment to

11 the Constitution of the United States, through wide12 spread public and private violence directed at per13 sons because of their race, color, or ancestry, or per14 ceived race, color, or ancestry. Accordingly, elimi15 nating racially motivated violence is an important

16 means of eliminating, to the extent possible, the

17 badges, incidents, and relics of slavery and involun18 tary servitude.

19 (11) Both at the time when the 13th, 14th, and

20 15th amendments to the Constitution of the United

21 States were adopted, and continuing to date, mem22 bers of certain religious and national origin groups

23 were and are perceived to be distinct ‘‘races’’. Thus,

24 in order to eliminate, to the extent possible, the

25 badges, incidents, and relics of slavery, it is nec-
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1 essary to prohibit assaults on the basis of real or

2 perceived religions or national origins, at least to the

3 extent such religions or national origins were re4 garded as races at the time of the adoption of the

5 13th, 14th, and 15th amendments to the Constitu6 tion of the United States.

7 (12) Federal jurisdiction over certain violent

8 crimes motivated by bias enables Federal, State, and

9 local authorities to work together as partners in the

10 investigation and prosecution of such crimes.

11 (13) The problem of crimes motivated by bias

12 is sufficiently serious, widespread, and interstate in

13 nature as to warrant Federal assistance to States

14 and local jurisdictions.

15 SEC. 3403. DEFINITION OF HATE CRIME.

16 In this title, the term ‘‘hate crime’’ has the same

17 meaning as in section 280003(a) of the Violent Crime

18 Control and Law Enforcement Act of 1994 (28 U.S.C.

19 994 note).

20 SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND

21 PROSECUTIONS BY STATE AND LOCAL LAW

22 ENFORCEMENT OFFICIALS.

23 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST24 ANCE.—
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1 (1) IN GENERAL.—At the request of a law en2 forcement official of a State or Indian tribe, the At3 torney General may provide technical, forensic, pros4 ecutorial, or any other form of assistance in the

5 criminal investigation or prosecution of any crime

6 that—

7 (A) constitutes a crime of violence (as de8 fined in section 16 of title 18, United States

9 Code);

10 (B) constitutes a felony under the laws of

11 the State or Indian tribe; and

12 (C) is motivated by prejudice based on the

13 race, color, religion, national origin, gender,

14 sexual orientation, or disability of the victim, or

15 is a violation of the hate crime laws of the State

16 or Indian tribe.

17 (2) PRIORITY.—In providing assistance under

18 paragraph (1), the Attorney General shall give pri19 ority to crimes committed by offenders who have

20 committed crimes in more than 1 State and to rural

21 jurisdictions that have difficulty covering the ex22 traordinary expenses relating to the investigation or

23 prosecution of the crime.

24 (b) GRANTS.—
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1 (1) IN GENERAL.—The Attorney General may

2 award grants to assist State, local, and Indian law

3 enforcement officials with the extraordinary expenses

4 associated with the investigation and prosecution of

5 hate crimes.

6 (2) OFFICE OF JUSTICE PROGRAMS.—In imple7 menting the grant program, the Office of Justice

8 Programs shall work closely with the funded juris9 dictions to ensure that the concerns and needs of all

10 affected parties, including community groups and

11 schools, colleges, and universities, are addressed

12 through the local infrastructure developed under the

13 grants.

14 (3) APPLICATION.—

15 (A) IN GENERAL.—Each State that desires

16 a grant under this subsection shall submit an

17 application to the Attorney General at such

18 time, in such manner, and accompanied by or

19 containing such information as the Attorney

20 General shall reasonably require.

21 (B) DATE FOR SUBMISSION.—Applications

22 submitted pursuant to subparagraph (A) shall

23 be submitted during the 60-day period begin24 ning on a date that the Attorney General shall

25 prescribe.
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1 (C) REQUIREMENTS.—A State or political

2 subdivision of a State or tribal official applying

3 for assistance under this subsection shall—

4 (i) describe the extraordinary pur5 poses for which the grant is needed;

6 (ii) certify that the State, political

7 subdivision, or Indian tribe lacks the re8 sources necessary to investigate or pros9 ecute the hate crime;

10 (iii) demonstrate that, in developing a

11 plan to implement the grant, the State, po12 litical subdivision, or tribal official has con13 sulted and coordinated with nonprofit, non14 governmental victim services programs

15 that have experience in providing services

16 to victims of hate crimes; and

17 (iv) certify that any Federal funds re18 ceived under this subsection will be used to

19 supplement, not supplant, non-Federal

20 funds that would otherwise be available for

21 activities funded under this subsection.

22 (4) DEADLINE.—An application for a grant

23 under this subsection shall be approved or dis24 approved by the Attorney General not later than 30
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1 business days after the date on which the Attorney

2 General receives the application.

3 (5) GRANT AMOUNT.—A grant under this sub4 section shall not exceed $100,000 for any single ju5 risdiction within a 1 year period.

6 (6) REPORT.—Not later than December 31,

7 2005, the Attorney General shall submit to Congress

8 a report describing the applications submitted for

9 grants under this subsection, the award of such

10 grants, and the purposes for which the grant

11 amounts were expended.

12 (7) AUTHORIZATION OF APPROPRIATIONS.—

13 There is authorized to be appropriated to carry out

14 this subsection $5,000,000 for each of fiscal years

15 2005 and 2006.

16 SEC. 3405. GRANT PROGRAM.

17 (a) AUTHORITY TO MAKE GRANTS.—The Office of

18 Justice Programs of the Department of Justice shall

19 award grants, in accordance with such regulations as the

20 Attorney General may prescribe, to State and local pro21 grams designed to combat hate crimes committed by juve22 niles, including programs to train local law enforcement

23 officers in identifying, investigating, prosecuting, and pre24 venting hate crimes.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as may be

3 necessary to carry out this section.

4 SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL

5 TO ASSIST STATE AND LOCAL LAW ENFORCE6 MENT.

7 There are authorized to be appropriated to the De8 partment of the Treasury and the Department of Justice,

9 including the Community Relations Service, for fiscal

10 years 2005, 2006, and 2007 such sums as are necessary

11 to increase the number of personnel to prevent and re12 spond to alleged violations of section 249 of title 18,

13 United States Code, as added by section ll07.

14 SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

15 (a) IN GENERAL.—Chapter 13 of title 18, United

16 States Code, is amended by adding at the end the fol17 lowing:

18 ‘‘§ 249. Hate crime acts

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER21 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI22 GIN.—Whoever, whether or not acting under color of

23 law, willfully causes bodily injury to any person or,

24 through the use of fire, a firearm, or an explosive or

25 incendiary device, attempts to cause bodily injury to
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1 any person, because of the actual or perceived race,

2 color, religion, or national origin of any person—

3 ‘‘(A) shall be imprisoned not more than 10

4 years, fined in accordance with this title, or

5 both; and

6 ‘‘(B) shall be imprisoned for any term of

7 years or for life, fined in accordance with this

8 title, or both, if—

9 ‘‘(i) death results from the offense; or

10 ‘‘(ii) the offense includes kidnaping or

11 an attempt to kidnap, aggravated sexual

12 abuse or an attempt to commit aggravated

13 sexual abuse, or an attempt to kill.

14 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER15 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX16 UAL ORIENTATION, OR DISABILITY.—

17 ‘‘(A) IN GENERAL.—Whoever, whether or

18 not acting under color of law, in any cir19 cumstance described in subparagraph (B), will20 fully causes bodily injury to any person or,

21 through the use of fire, a firearm, or an explo22 sive or incendiary device, attempts to cause

23 bodily injury to any person, because of the ac24 tual or perceived religion, national origin, gen-
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1 der, sexual orientation, or disability of any

2 person—

3 ‘‘(i) shall be imprisoned not more

4 than 10 years, fined in accordance with

5 this title, or both; and

6 ‘‘(ii) shall be imprisoned for any term

7 of years or for life, fined in accordance

8 with this title, or both, if—

9 ‘‘(I) death results from the of10 fense; or

11 ‘‘(II) the offense includes kid12 naping or an attempt to kidnap, ag13 gravated sexual abuse or an attempt

14 to commit aggravated sexual abuse, or

15 an attempt to kill.

16 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For

17 purposes of subparagraph (A), the cir18 cumstances described in this subparagraph are

19 that—

20 ‘‘(i) the conduct described in subpara21 graph (A) occurs during the course of, or

22 as the result of, the travel of the defendant

23 or the victim—

24 ‘‘(I) across a State line or na25 tional border; or
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1 ‘‘(II) using a channel, facility, or

2 instrumentality of interstate or for3 eign commerce;

4 ‘‘(ii) the defendant uses a channel, fa5 cility, or instrumentality of interstate or

6 foreign commerce in connection with the

7 conduct described in subparagraph (A);

8 ‘‘(iii) in connection with the conduct

9 described in subparagraph (A), the defend10 ant employs a firearm, explosive or incen11 diary device, or other weapon that has

12 traveled in interstate or foreign commerce;

13 or

14 ‘‘(iv) the conduct described in sub15 paragraph (A)—

16 ‘‘(I) interferes with commercial

17 or other economic activity in which

18 the victim is engaged at the time of

19 the conduct; or

20 ‘‘(II) otherwise affects interstate

21 or foreign commerce.

22 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecu23 tion of any offense described in this subsection may be

24 undertaken by the United States, except under the certifi25 cation in writing of the Attorney General, the Deputy At-
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1 torney General, the Associate Attorney General, or any

2 Assistant Attorney General specially designated by the At3 torney General that—

4 ‘‘(1) he or she has reasonable cause to believe

5 that the actual or perceived race, color, religion, na6 tional origin, gender, sexual orientation, or disability

7 of any person was a motivating factor underlying the

8 alleged conduct of the defendant; and

9 ‘‘(2) he or his designee or she or her designee

10 has consulted with State or local law enforcement of11 ficials regarding the prosecution and determined

12 that—

13 ‘‘(A) the State does not have jurisdiction

14 or does not intend to exercise jurisdiction;

15 ‘‘(B) the State has requested that the Fed16 eral Government assume jurisdiction;

17 ‘‘(C) the State does not object to the Fed18 eral Government assuming jurisdiction; or

19 ‘‘(D) the verdict or sentence obtained pur20 suant to State charges left demonstratively

21 unvindicated the Federal interest in eradicating

22 bias-motivated violence.

23 ‘‘(c) DEFINITIONS.—In this section—
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1 ‘‘(1) the term ‘explosive or incendiary device’

2 has the meaning given the term in section 232 of

3 this title; and

4 ‘‘(2) the term ‘firearm’ has the meaning given

5 the term in section 921(a) of this title.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—

7 The analysis for chapter 13 of title 18, United States

8 Code, is amended by adding at the end the following:

‘‘249. Hate crime acts.’’.

9 SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

10 (a) AMENDMENT OF FEDERAL SENTENCING GUIDE11 LINES.—Pursuant to the authority provided under section

12 994 of title 28, United States Code, the United States

13 Sentencing Commission shall study the issue of adult re14 cruitment of juveniles to commit hate crimes and shall,

15 if appropriate, amend the Federal sentencing guidelines

16 to provide sentencing enhancements (in addition to the

17 sentencing enhancement provided for the use of a minor

18 during the commission of an offense) for adult defendants

19 who recruit juveniles to assist in the commission of hate

20 crimes.

21 (b) CONSISTENCY WITH OTHER GUIDELINES.—In

22 carrying out this section, the United States Sentencing

23 Commission shall—

24 (1) ensure that there is reasonable consistency

25 with other Federal sentencing guidelines; and
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1 (2) avoid duplicative punishments for substan2 tially the same offense.

3 SEC. 3409. STATISTICS.

4 Subsection (b)(1) of the first section of the Hate

5 Crimes Statistics Act (28 U.S.C. 534 note) is amended

6 by inserting ‘‘gender,’’ after ‘‘race,’’.

7 SEC. 3410. SEVERABILITY.

8 If any provision of this title, an amendment made by

9 this title, or the application of such provision or amend10 ment to any person or circumstance is held to be unconsti11 tutional, the remainder of this title, the amendments made

12 by this title, and the application of the provisions of such

13 to any person or circumstance shall not be affected there14 by.

15 TITLE XXXV—ASSISTANCE TO

16 FIREFIGHTERS.

17 SEC. 3501. SHORT TITLE.

18 This title may be cited as the ‘‘Assistance to Fire19 fighters Act of 2004’’.

20 SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SE21 CURITY FOR FIREFIGHTER ASSISTANCE PRO22 GRAM.

23 (a) IN GENERAL.—Subsection (b)(1) of section 33 of

24 the Federal Fire Prevention and Control Act of 1974 (15

25 U.S.C. 2229) is amended by striking ‘‘Director’’ in the
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1 matter preceding subparagraph (A) and inserting ‘‘Sec2 retary of Homeland Security, in consultation with the Ad3 ministrator,’’.

4 (b) CONFORMING AMENDMENT.—Such section is fur5 ther amended by striking ‘‘Director’’ each place it appears

6 and inserting ‘‘Secretary of Homeland Security’’.

7 (c) TECHNICAL AMENDMENT.—The heading of sub8 section (b)(8) of such section is amended by striking ‘‘DI9 RECTOR’’ and inserting ‘‘SECRETARY’’.

10 SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL

11 SERVICE ORGANIZATIONS.

12 (a) AUTHORITY TO AWARD GRANTS TO VOLUNTEER

13 EMERGENCY MEDICAL SERVICE SQUADS.—Paragraph

14 (1)(A) of section 33(b) of the Federal Fire Prevention and

15 Control Act of 1974 (15 U.S.C. 2229(b)) is amended by

16 inserting ‘‘or to volunteer emergency medical service orga17 nizations’’ after ‘‘fire departments’’.

18 (b) USE OF GRANT FUNDS.—Paragraph (3)(F) of

19 such section is amended by inserting ‘‘or volunteer emer20 gency medical service organizations that are not affiliated

21 with a for-profit entity’’ after ‘‘fire departments’’.

22 (c) SPECIAL RULE FOR APPLICATIONS FOR VOLUN23 TEER EMERGENCY MEDICAL SERVICES.—Paragraph (5)

24 of such section is amended by adding at the end, the fol25 lowing new subparagraph:
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1 ‘‘(C) SPECIAL RULE FOR VOLUNTEER

2 EMERGENCY MEDICAL SERVICES.—The Sec3 retary of Homeland Security shall permit an

4 applicant seeking grant funds for volunteer

5 emergency medical services under paragraph

6 (3)(F) to use the same application form to seek

7 grant funds for one or more of the other pur8 poses set out in subparagraphs (A) through (O)

9 of paragraph (3).’’.

10 SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL

11 DEFIBRILLATOR DEVICES.

12 Paragraph (3) of section 33(b) of the Federal Fire

13 Prevention and Control Act of 1974 (15 U.S.C. 2229(b))

14 is amended by adding at the end the following new sub15 paragraph:

16 ‘‘(O) To obtain automated external

17 defibrillator devices.’’.

18 SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICA19 TIONS.

20 Paragraph (2) of section 33(b) of the Federal Fire

21 Prevention and Control Act of 1974 (15 U.S.C. 2229(b))

22 is amended to read as follows:

23 ‘‘(2) CRITERIA AND REVIEW OF APPLICA24 TIONS.—

25 ‘‘(A) PRELIMINARY REVIEW CRITERIA.—
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1 ‘‘(i) IN GENERAL.—The Secretary of

2 Homeland Security shall establish specific

3 criteria for the preliminary review of an

4 application submitted under this section. If

5 an application does not meet such criteria,

6 the application may not receive further

7 consideration for a grant under this sec8 tion.

9 ‘‘(ii) ANNUAL REVIEW OF CRITERIA.—

10 Not less often than once each year, the

11 Secretary of Homeland Security, in con12 sultation with the Administrator, shall con13 vene a meeting of individuals who are

14 members of a fire service and are recog15 nized for expertise in firefighting or in

16 emergency medical services provided by

17 fire services, and who are not employees of

18 the Federal Government for the purpose of

19 reviewing and proposing changes to the

20 criteria established under clause (i).

21 ‘‘(B) SELECTION THROUGH REVIEW BY

22 EXPERTS.—

23 ‘‘(i) REQUIREMENT FOR REVIEW.—

24 The Secretary of Homeland Security shall

25 award grants under this section based on
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1 the review of applications for such grants

2 by a panel of fire service personnel ap3 pointed by a national organization recog4 nized for expertise in the operation and ad5 ministration of fire services.

6 ‘‘(ii) ROLE OF THE SECRETARY.—The

7 Secretary of Homeland Security shall pro8 vide for the administration of the review

9 panel described in clause (i) and shall en10 sure that an individual appointed to such

11 panel is a recognized expert in firefighting,

12 medical services provided by fire services,

13 fire prevention, or research on firefighter

14 safety.’’.

15 SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER

16 SAFETY PROGRAMS.

17 (a) AUTHORITY.—Paragraph (1)(B) of section 33(b)

18 of the Federal Fire Prevention and Control Act of 1974

19 (15 U.S.C. 2229(b)) is amended by inserting ‘‘and fire20 fighter safety’’ after ‘‘prevention’’.

21 (b) EXPANSION OF EXISTING PROGRAM.—

22 (1) FIREFIGHTER SAFETY ASSISTANCE.—Para23 graph (4) of such section is amended—

24 (A) in subparagraph (A)(ii), by striking

25 ‘‘organizations that are recognized’’ and all that
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1 follows and inserting ‘‘organizations eligible

2 under subparagraph (B) for the purposes de3 scribed in subparagraph (C).’’; and

4 (B) by striking subparagraph (B), and in5 serting the following new subparagraphs:

6 ‘‘(B) ELIGIBILITY FOR ASSISTANCE.—An

7 organization may be eligible for assistance

8 under subparagraph (A)(ii), if such organiza9 tion is a national, State, local, or community

10 organization that is not a fire service and that

11 is recognized for experience and expertise with

12 respect to programs and activities that

13 promote—

14 ‘‘(i) fire prevention or fire safety; or

15 ‘‘(ii) the health and safety of fire16 fighting personnel.

17 ‘‘(C) USE OF FUNDS.—Assistance provided

18 under subparagraph (A)(ii) shall be used—

19 ‘‘(i) to carry out fire prevention pro20 grams; or

21 ‘‘(ii) to fund research to improve the

22 health and safety of firefighting personnel.

23 ‘‘(D) PRIORITY.—In selecting organiza24 tions described in subparagraph (B) to receive
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1 assistance under this paragraph, the Secretary

2 of Homeland Security shall give priority—

3 ‘‘(i) to organizations that focus on

4 preventing injuries from fire to members of

5 groups at high risk of such injuries, with

6 an emphasis on children; and

7 ‘‘(ii) to organizations that focus on re8 searching methods to improve the health

9 and safety of firefighting personnel.

10 ‘‘(E) ALLOCATION OF FUNDS.—Not less

11 than 66 percent of the total amount of funds

12 made available in a fiscal year to carry out this

13 paragraph shall be made available of the pro14 grams described in subparagraph (A)(ii).’’.

15 (2) CONFORMING AMENDMENT.—The heading

16 of such paragraph is amended to read as follows:

17 ‘‘(4) FIRE PREVENTION AND FIREFIGHTER

18 SAFETY PROGRAMS.—’’.

19 (c) AVAILABILITY OF FUNDS FOR FIRE PREVENTION

20 AND FIREFIGHTER SAFETY PROGRAMS.—Paragraph

21 (4)(A) of such section, as amended by subsection (b), is

22 further amended in the matter preceding clause (i), by

23 striking ‘‘5 percent’’ and inserting ‘‘6 percent’’.
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1 SEC. 3507. ASSISTANCE FOR APPLICATIONS.

2 Paragraph (5) of section 33(b) of the Federal Fire

3 Prevention and Control Act of 1974 (15 U.S.C. 2229(b)),

4 as amended by section 3(c), is further amended by adding

5 at the end the following new subparagraph:

6 ‘‘(D) ASSISTANCE TO PREPARE AN APPLI7 CATION.—The Secretary of Homeland Security

8 shall provide assistance with the preparation of

9 applications for grants under this section.’’.

10 SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING

11 FUNDS.

12 (a) AMOUNT REQUIRED.—Paragraph (6) of section

13 33(b) of the Federal Fire Prevention and Control Act of

14 1974 (15 U.S.C. 2229(b)) is amended by striking sub15 paragraphs (A) and (B) and inserting the following:

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graphs (B) and (C), the Secretary of Homeland

18 Security may provide assistance under this sub19 section only if the applicant for such assistance

20 agrees to match 20 percent of such assistance

21 for any fiscal year with an equal amount of

22 non-Federal funds.

23 ‘‘(B) REQUIREMENT FOR SMALL COMMU24 NITY ORGANIZATIONS.—In the case of an appli25 cant whose personnel—
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1 ‘‘(i) serve jurisdictions of 50,000 or

2 fewer residents, the percent applied under

3 the matching requirement of subparagraph

4 (A) shall be 10 percent; or

5 ‘‘(ii) serve jurisdictions of 20,000 or

6 fewer residents, the percent applied under

7 the matching requirement of subparagraph

8 (A) shall be 5 percent.’’.

9 (b) EXCEPTION.—Such paragraph, as amended by

10 subsection (a), is further amended by adding at the end

11 the following new subparagraph:

12 ‘‘(C) EXCEPTION.—No matching funds

13 may be required under this subsection for as14 sistance provided under subparagraph (A)(ii) of

15 paragraph (4) to an organization described in

16 subparagraph (B) of such paragraph.’’.

17 (c) SPECIAL RULE FOR REQUESTS FOR AUTOMATED

18 EXTERNAL DEFIBRILLATOR DEVICES.—Section 33(b) of

19 such Act is further amended by adding at the end the fol20 lowing new paragraph:

21 ‘‘(13) SPECIAL RULES FOR GRANTS FOR AUTO22 MATED EXTERNAL DEFIBRILLATOR DEVICES.—

23 ‘‘(A) LIMITATIONS.—The Secretary of

24 Homeland Security shall reduce the percentage
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1 of non-Federal matching funds for a grant as

2 described in subparagraph (B) if—

3 ‘‘(i) the applicant is requesting grant

4 funds to obtain one or more automated ex5 ternal defibrillator devices, as authorized

6 by paragraph (3)(O);

7 ‘‘(ii) the award of such grant will re8 sult in the applicant possessing exactly one

9 such device for each first-due emergency

10 vehicle operated by the applicant;

11 ‘‘(iii) the applicant certifies to the

12 Secretary of Homeland Security that the

13 applicant possesses, at the time such appli14 cation is filed, a number of such devices

15 that is less than the number of first-due

16 emergency vehicles operated by the appli17 cant and that the applicant is capable of

18 storing, in a manner conducive to rapid

19 use, such devices on each such vehicle; and

20 ‘‘(iv) the applicant has not previously

21 received a grant under this subsection to

22 obtain such devices.

23 ‘‘(B) MATCHING REQUIREMENTS.—If an

24 applicant meets the criteria set out in clauses

25 (i), (ii), (iii), and (iv) of subparagraph (A), the
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1 Secretary of Homeland Security shall reduce

2 the percentage of non-Federal matching funds

3 required by paragraph (6) by 2 percentage

4 points for all assistance requested in the appli5 cation submitted by such applicant.

6 ‘‘(C) FIRST-DUE DEFINED.—In this para7 graph, the term ‘first-due’ means the fire8 fighting and emergency medical services vehi9 cles that are utilized by a fire service for imme10 diate response to an emergency situation.’’.

11 SEC. 3509. GRANT RECIPIENT LIMITATIONS.

12 (a) LIMITATIONS ON GRANT AMOUNTS.—Subpara13 graph (A) of section 33(b)(10) of the Federal Fire Preven14 tion and Control Act of 1974 (15 U.S.C. 2229(b)(10)) is

15 amended to read as follows:

16 ‘‘(A) LIMITATIONS ON GRANT AMOUNT.—

17 ‘‘(i) GENERAL LIMITATION.—Subject

18 to clause (ii), a recipient of assistance

19 under this section may not receive in a fis20 cal year an amount of such assistance that

21 exceeds the greater of $2,250,000 or the

22 amount equal to 0.5 percent of the total

23 amount of funds appropriated for such as24 sistance for such fiscal year.
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1 ‘‘(ii) LIMITATIONS ON BASIS OF POPU2 LATION.—Subject to clause (iii), a recipi3 ent of assistance under this section that

4 serves a jurisdiction of less than 1,000,000

5 individuals may not receive more than

6 $1,500,000 of such assistance for a fiscal

7 year, except that such a recipient that

8 serves a jurisdiction of less than 500,000

9 individuals may not receive more than

10 $1,000,000 of such assistance during a fis11 cal year.

12 ‘‘(iii) WAIVER.—With respect to as13 sistance provided in a fiscal year before fis14 cal year 2007, the Secretary of Homeland

15 Security, in consultation with the Adminis16 trator, may waive the limitations set out in

17 clause (ii) if the Secretary determines that

18 a waiver is warranted by an extraordinary

19 need for assistance for fire suppression ac20 tivities by a jurisdiction, whether such need

21 is caused by the likelihood of terrorist at22 tack, natural disaster, destructive fires oc23 curring over a large geographic area, or

24 some other cause.’’.
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1 (b) LIMITATIONS ON GRANTS FOR VOLUNTEER

2 EMERGENCY MEDICAL SERVICES.—Such section, as

3 amended by subsection (a), is further amended by adding

4 at the end the following new subparagraph:

5 ‘‘(C) LIMITATIONS ON EXPENDITURES FOR

6 VOLUNTEER EMERGENCY MEDICAL SERVICES.—

7 Not more than 3.5 percent of the funds appro8 priated to provide grants under this section for

9 a fiscal year may be awarded to volunteer emer10 gency medical service organizations.’’.

11 SEC. 3510. OTHER CONSIDERATIONS.

12 Section 33(b) of the Federal Fire Prevention and

13 Control Act of 1974 (15 U.S.C. 2229(b)), as amended by

14 section 8, is amended by adding at the end the following

15 new paragraph:

16 ‘‘(14) OTHER CONSIDERATIONS.—In providing

17 assistance under this section, the Secretary of

18 Homeland Security shall—

19 ‘‘(A) consider the extent to which the re20 cipient of such assistance is able to enhance the

21 daily operations of a fire service and to improve

22 the protection of people and property from fire;

23 and

24 ‘‘(B) ensure that such assistance awarded

25 to a volunteer emergency medical service orga-
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1 nization will not be used to provide emergency

2 medical services in a geographic area if such

3 services are adequately provided by a fire serv4 ice in such area.’’.

5 SEC. 3511. REPORTS TO CONGRESS.

6 (a) STUDY AND REPORT ON ASSISTANCE TO FIRE7 FIGHTERS.—

8 (1) STUDY.—The Secretary, in conjunction with

9 the National Fire Protection Association, shall con10 duct a study—

11 (A) to assess the types of activities that

12 are carried out by fire services;

13 (B) to determine whether the level of Fed14 eral funding made available to fire services is

15 adequate;

16 (C) to assess categories of services, includ17 ing emergency medical services, that are not

18 adequately provided by fire services on either

19 the national or State level; and

20 (D) to measure the effect, if any, of the as21 sistance provided under section 33 of the Fed22 eral Fire Prevention and Control Act of 1974

23 (15 U.S.C. 2229) on the needs of fire services

24 identified in the report submitted to Congress

25 under section 1701(b) of the Floyd D. Spence
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1 National Defense Authorization Act for Fiscal

2 Year 2001 (as enacted into law by Public Law

3 106–398; 114 Stat. 1654A–363).

4 (2) REPORT.—Not later than 18 months after

5 the date of the enactment of this Act, the Secretary

6 shall submit to Congress a report on the findings of

7 the study described in paragraph (1).

8 (b) REPORT BY GAO.—Not later than 18 months

9 after the date of the enactment of this Act, the Comp10 troller General of the United States shall submit to Con11 gress a report on—

12 (1) the administration of the assistance pro13 vided under section 33 of the Federal Fire Preven14 tion and Control Act of 1974 (15 U.S.C. 2229); and

15 (2) the success of the Secretary in admin16 istering the Federal Emergency Management Agen17 cy.

18 (c) REPORT ON WAIVER OF AMOUNT LIMITA19 TIONS.—Not later than 18 months after the date of the

20 enactment of this Act, the Secretary shall submit to Con21 gress a report on the instances, if any, of the use of the

22 waiver authority set out in section 33(b)(10)(A)(iii) of the

23 Federal Fire Prevention and Control Act of 1974 (15

24 U.S.C. 2229(b)(10)(A)(iii)), as added by section 9.

25 (d) DEFINITIONS.—In this section:
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1 (1) FIRE SERVICE.—The term ‘‘fire service’’

2 has the meaning given that term in section 4 of the

3 Federal Fire Prevention and Control Act of 1974

4 (15 U.S.C. 2203).

5 (2) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of Homeland Security.

7 SEC. 3512. TECHNICAL CORRECTIONS.

8 (a) REPEAL OF DUPLICATIVE DEFINITION.—Sub9 section (d) of section 33 of the Federal Fire Prevention

10 and Control Act of 1974 (15 U.S.C. 2229) is repealed.

11 (b) REDESIGNATIONS NECESSITATED BY DUPLICA12 TIVE NUMBERING.—The sections 33 and 34 of the Fed13 eral Fire Prevention and Control Act of 1974 (15 U.S.C.

14 2230 and 2231) that were added by sections 105 and 106

15 of Public Law 106–503 (114 Stat. 2301) are redesignated

16 as sections 34 and 35, respectively.

17 SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

18 (a) FIREFIGHTER ASSISTANCE PROGRAMS.—Section

19 33(e) of the Federal Fire Prevention and Control Act of

20 1974 (15 U.S.C. 2229(e)) is amended by striking the first

21 sentence and inserting ‘‘There are authorized to be appro22 priated for the purposes of this section $900,000,000 for

23 fiscal year 2005, $950,000,000 for fiscal year 2006, and

24 $1,000,000,000 for each of the fiscal years 2007 through

25 2010.’’.
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1 (b) STUDY ON ASSISTANCE TO FIREFIGHTERS.—

2 There are authorized to be appropriated to the Secretary

3 of Homeland Security $300,000 for fiscal year 2005 to

4 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

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