H. R. 4200—342
(b) CONSIDERATION.—As consideration for the conveyance of
the real property under subsection (a), the Authority shall pay
the United States an amount equal to the fair market value of
the conveyed property, as determined by the Secretary. The pay-
ment shall be deposited in the special account in the Treasury
referred to in paragraph (5) of section 572(b) of title 40, United
States Code, and shall be available as provided in subparagraph
(B)(ii) of such paragraph.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Authority.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2873. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE,
NEW YORK.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air
Force may convey to the Oneida County Industrial Development
Agency, New York, the local reuse authority for the former Griffiss
Air Force Base (in this section referred to as the ‘‘Authority’’),
all right, title and interest of the United States in and to two
parcels of real property consisting of 7.897 acres and 1.742 acres
and containing the four buildings specified in paragraph (2), which
were vacated by the Air Force in conjunction with its relocation
to the Consolidated Intelligence and Reconnaissance Laboratory
at Air Force Research Laboratory—Rome Research Site, Rome,
New York.
(2) The buildings referred to in paragraph (1) are the following:
(A) Building 240 (117,323 square feet).
(B) Building 247 (13,199 square feet).
(C) Building 248 (4,000 square feet).
(D) Building 302 (20,577 square feet).
(3) The purpose of the conveyance under this subsection is
to permit the Authority to develop the parcels and buildings for
economic purposes in a manner consistent with section 2905 of
the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the Authority
accept the real property in its condition at the time of the convey-
ance, commonly known as conveyance ‘‘as is’’.
(c) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the Authority shall provide the United States,
whether by cash payment, in-kind contribution, or a combination
thereof, an amount equal to the fair market of value of the conveyed
real property, as determined by the Secretary.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Authority.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
H. R. 4200—343
PART IV—OTHER CONVEYANCES
SEC. 2881. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.
(a) EXCHANGE AUTHORIZED.—The Secretary of Defense may
convey to Arlington County, Virginia (in this section referred to
as the ‘‘County’’), all right, title, and interest of the United States
in and to a parcel of real property, together with any improvements
thereon, that consists of not more than 4.5 acres and is located
north of Columbia Pike on the Navy Annex property in Arlington
County, Virginia, for the purpose of the construction of a freedmen
heritage museum and an Arlington history museum.
(b) CONSIDERATION.—As consideration for the conveyance of
the real property under subsection (a), the County shall convey
to the United States all right, title, and interest of the County
in and to a parcel of real property, together with any improvements
thereon, that is of a size equivalent to the total acreage of the
real property conveyed by the Secretary under subsection (a) and
is located in the area known as the Southgate Road right-of-way
between Arlington National Cemetery, Virginia, and the Navy
Annex property.
(c) SELECTION OF PROPERTY FOR CONVEYANCE.—The Secretary,
in consultation with the County, shall determine the acreage of
the parcels of real property to be exchanged under this section,
and such determination shall be final. In selecting the real property
for conveyance to the County under subsection (a), the Secretary
shall seek—
(1) to provide the County with sufficient property for
museum construction that is compatible with, and honors, the
history of the freedmen’s village that was located in the area
and the heritage of the County;
(2) to preserve the appropriate traditions of Arlington
National Cemetery; and
(3) to maintain the amount of acreage currently available
for potential grave sites at Arlington National Cemetery.
(d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The Secretary
may require the County to cover costs to be incurred by the Sec-
retary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyances under subsections (a) and
(b), including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ances. If amounts are collected from the County in advance of
the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to
the County.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary.
H. R. 4200—344
(f) REVERSIONARY INTEREST.—(1) If at any time the Secretary
determines that the property conveyed to the County under sub-
section (a) is not being used for the purposes stated in that sub-
section, then, at the option of the Secretary, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property.
(2) If the Secretary exercises the reversionary interest provided
for in paragraph (1), the Secretary shall pay the County, from
amounts available to the Secretary for military construction for
the Defense Agencies, an amount equal to the fair market value
of the property that reverts to the United States, as determined
by the Secretary.
(g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF-WAY PROPERTY
IN TRANSFER OF NAVY ANNEX PROPERTY FOR ARLINGTON NATIONAL
CEMETERY.—Subsection (a) of section 2881 of the Military Construc-
tion Authorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 879) is amended by striking ‘‘three parcels
of real property consisting of approximately 36 acres’’ and inserting
‘‘four parcels of real property consisting of approximately 40 acres’’.
(h) TERMINATION OF RESERVATION OF CERTAIN NAVY ANNEX
PROPERTY FOR MEMORIALS OR MUSEUMS.—(1) Subsection (b) of such
section, as amended by section 2863(f) of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law
107–107; 115 Stat. 1332) and section 2851(a)(1) of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2726), is further amended—
(A) by striking ‘‘(1) Subject to paragraph (2), the Secretary’’
and inserting ‘‘The Secretary’’; and
(B) by striking paragraph (2).
(2) Subsection (d)(2) of such section, as amended by section
2851(a)(2) of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107–314; 116 Stat. 2726),
is further amended—
(A) by striking ‘‘(A)’’; and
(B) by striking ‘‘, and (B)’’ and all that follows through
‘‘Museum.’’ and inserting a period.
(3) Subsection (f) of such section is amended by striking
‘‘reserved under subsection (b)(2) and of the portion’’.
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
Subtitle E—Other Matters
SEC. 2891. ONE-YEAR RESUMPTION OF DEPARTMENT OF DEFENSE LAB-
ORATORY REVITALIZATION DEMONSTRATION PROGRAM.
Section 2892(g) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2805 note) is
amended by striking ‘‘September 30, 2003’’ and inserting ‘‘Sep-
tember 30, 2005’’.
H. R. 4200—345
SEC. 2892. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE
AIR FORCE BASE, ARIZONA, IN HONOR OF JOHN J.
RHODES, A FORMER MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES.
The Airmen Leadership School at Luke Air Force Base, Arizona,
building 156, shall be known and designated as the ‘‘John J. Rhodes
Airmen Leadership School’’. Any reference to such facility in any
law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the John J. Rhodes
Airmen Leadership School.
SEC. 2893. SETTLEMENT OF CLAIM OF OAKLAND BASE REUSE
AUTHORITY AND REDEVELOPMENT AGENCY.
(a) AUTHORITY TO SETTLE CLAIM.—The Secretary of the Navy
may make a payment in the amount of $2,100,000 to the Oakland
Base Reuse Authority and Redevelopment Agency of the City of
Oakland, California, in settlement of Oakland Base Reuse Authority
and Redevelopment Agency of the City of Oakland v. the United
States, Case No. C02–4652 MHP, United States District Court,
Northern District of California, including any appeal.
(b) RELEASE OF CLAIM.—The payment made under subsection
(a) shall be in full satisfaction of all claims of the Oakland Base
Reuse Authority and Redevelopment Agency against the United
States related to the case referred to in subsection (a), and the
Oakland Base Reuse Authority and Redevelopment Agency shall
give to the Secretary a release of all claims to 18 officer housing
units and related real property located at the former Naval Medical
Center Oakland, California. The release shall be in a form that
is satisfactory to the Secretary.
(c) SOURCE OF FUNDS FOR SETTLEMENT.—To make the payment
authorized by subsection (a), the Secretary may use—
(1) funds in the Department of Defense Base Closure
Account 1990; or
(2) the proceeds from the sale of the housing units and
property described in subsection (b).
SEC. 2894. REPORT ON ESTABLISHMENT OF MOBILIZATION STATION
AT CAMP RIPLEY NATIONAL GUARD TRAINING CENTER,
LITTLE FALLS, MINNESOTA.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report regarding the feasibility of using Camp Ripley National
Guard Training Center in Little Falls, Minnesota, as a mobilization
station for members of a reserve component ordered to active duty
under any provision of law specified in section 101(a)(13)(B) of
title 10, United States Code. The report shall include a discussion
of the actions necessary to establish the center as a mobilization
station.
SEC. 2895. REPORT ON FEASIBILITY OF ESTABLISHMENT OF VETERANS
MEMORIAL AT MARINE CORPS AIR STATION, EL TORO,
CALIFORNIA.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to Congress a
report on whether the anticipated future uses of the former Marine
Corps Air Station, El Toro, California, by the City of Irvine, Cali-
fornia, would permit the establishment and maintenance, at no
H. R. 4200—346
cost to the United States, of a veterans memorial at the former
installation.
SEC. 2896. SENSE OF CONGRESS REGARDING EFFECT OF MILITARY
HOUSING 
POLICIES 
AND 
FORCE 
STRUCTURE 
AND
BASING CHANGES ON LOCAL EDUCATIONAL AGENCIES.
(a) FINDINGS.—Congress finds the following:
(1) There are approximately 750,000 school-aged children
of members of the active duty Armed Forces in the United
States.
(2) Approximately 650,000 of those students are currently
attending public elementary or secondary schools in the United
States.
(3) Changes to the military family housing policies of the
military departments affect both military housing requirements
and the number of dependent children living on military
installations in the United States.
(4) Proposed restationing of units of the Armed Forces
worldwide, including the return of a significant number of
members of the Armed Forces stationed overseas to the United
States and the Army proposal to modify its force structure
to establish so-called units of action, will increase military
housing requirements at military installations in the United
States and may result in the need for additional educational
facilities at such installations and in the adjacent communities.
(5) To help provide sufficient housing for members of the
Armed Forces and their families, the Secretaries of the military
departments intend to continue to use the authorities provided
in subchapter IV of chapter 169 of title 10, United States
Code, to carry out privatization initiatives that will improve
or replace an additional 120,000 military family housing units
in the United States.
(6) The Secretaries of the military departments may include
the construction of school facilities as one of the ancillary
supporting facilities authorized as part of a privatization initia-
tive carried out under such subchapter.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Department of Defense should—
(1) consider the effects that changes in force structure
and overseas stationing arrangements will have on—
(A) military housing requirements at specific military
installations in the United States;
(B) the number of school-aged military dependents at
those installations; and
(C) the need for additional educational facilities to
serve such dependents; and
(2) consult with local communities and local educational
agencies about the best ways to address such changing housing
requirements and satisfy the need for additional educational
facilities, including using the authority of subchapter IV of
chapter 169 of title 10, United States Code, to include the
construction of educational facilities as one of the ancillary
supporting facilities authorized as part of military privatization
housing initiatives.
H. R. 4200—347
SEC. 2897. SENSE OF CONGRESS AND STUDY REGARDING MEMORIAL
HONORING NON-UNITED STATES CITIZENS KILLED IN
THE LINE OF DUTY WHILE SERVING IN THE UNITED
STATES ARMED FORCES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
a memorial marker or monument should be designed and placed
in an appropriate location to honor the service and sacrifice of
individuals who, although not United States citizens, served in
the United States Armed Forces and were killed in the line of
duty.
(b) STUDY.—The Secretary of the Army, in consultation with
the Secretary of Veterans Affairs and the American Battle Monu-
ments Commission, shall conduct a study examining the feasibility
of placing in Arlington National Cemetery, or some other appro-
priate location, a memorial marker honoring the service and sac-
rifice of non-United States citizens killed in the line of duty while
serving in the Armed Forces.
(c) CONTENT OF STUDY.—The study required by subsection (b)
shall include the following:
(1) A discussion of the historical development of Arlington
National Cemetery.
(2) Comprehensive information on the memorial markers
presently located in Arlington National Cemetery.
(3) A description of any limitations affecting the ability
to establish new monuments, markers, tributes, or plaques
in Arlington National Cemetery.
(4) A discussion of alternative locations outside of Arlington
National Cemetery that have been used for comparable memo-
rial markers.
(5) Recommendations for appropriate locations for a memo-
rial marker that may be considered.
(d) REPORT AND RECOMMENDATIONS.—Not later than April 1,
2005, the Secretary of the Army shall submit to the Committee
on Armed Services and the Committee on Veterans’ Affairs of
the House of Representatives and the Committee on Armed Services
and the Committee on Veterans’ Affairs of the Senate a report
containing the results of the study required by subsection (b),
together with any recommendations for an appropriate plan to
honor the service of non-United States citizens killed in the line
of duty while serving in the Armed Forces.
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
H. R. 4200—348
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities and Infra-
structure 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, manage-
ment, and certification of warheads in the nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts Initiative.
Subtitle C—Proliferation Matters
Sec. 3131. Modification of authority to use International Nuclear Materials Protec-
tion and Cooperation Program funds outside the former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, radiological mate-
rials, and related equipment at vulnerable sites worldwide.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed by United
States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination of weapons
grade plutonium production program.
Subtitle D—Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain workers at
2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration to under-
stand plutonium aging.
Sec. 3144. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant to competi-
tive contract.
Sec. 3146. National Academy of Sciences study on management by Department of
Energy of certain radioactive waste streams.
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acqui-
sition of lands for Manhattan Project in World War II.
Sec. 3148. Modification of requirements relating to conveyances and transfer of cer-
tain land at Los Alamos National Laboratory, New Mexico.
Subtitle E—Energy Employees Occupational Illness Compensation Program
Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation Fund for
certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer facilities
during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees under Energy
Employee Occupational Illness Compensation Program in western New
York and western Pennsylvania region.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2005 for the activities of the National Nuclear Security
H. R. 4200—349
Administration in carrying out programs necessary for national
security in the amount of $9,082,300,000, to be allocated as follows:
(1) For weapons activities, $6,592,053,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear Security,
$343,700,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for weapons
activities, the following new plant projects:
Project 05–D–140, project engineering and design, various
locations, $11,600,000.
Project 05–D–160, facilities and infrastructure recapitaliza-
tion program, project engineering and design, various locations,
$8,700,000.
Project 05–D–170, project engineering and design, safe-
guards and security, various locations, $17,000,000.
Project 05–D–401, production bays upgrade, Pantex Plant,
Amarillo, Texas, $25,100,000.
Project 05–D–402, beryllium capability project, Y–12
national security complex, Oak Ridge, Tennessee, $3,627,000.
Project 05–D–601, compressed air upgrades project, Y–12
national security complex, Oak Ridge, Tennessee, $4,400,000.
Project 05–D–602, power grid infrastructure upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$10,000,000.
Project 05–D–603, new master substation, Sandia National
Laboratories, Albuquerque, New Mexico, $600,000.
Project 05–D–701, security perimeter, Los Alamos National
Laboratory, Los Alamos, New Mexico, $20,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for defense environmental
management activities in carrying out programs necessary for
national security in the amount of $6,957,307,000, to be allocated
as follows:
(1) For defense site acceleration completion, $5,970,837,000.
(2) For defense environmental services, $986,470,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for other defense activities
in carrying out programs necessary for national security in the
amount of $636,036,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)) in the amount of $120,000,000.
H. R. 4200—350
Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3111. REPORT ON REQUIREMENTS FOR MODERN PIT FACILITY.
(a) REPORT.—Not later than January 31, 2005, the Adminis-
trator for Nuclear Security shall submit to the congressional defense
committees a report setting forth the validated pit production
requirements for the Modern Pit Facility.
(b) VALIDATED PIT PRODUCTION REQUIREMENTS.—(1) The vali-
dated pit production requirements in the report under subsection
(a) shall be established by the Administrator in conjunction with
the Chairman of the Nuclear Weapons Council.
(2) The validated pit production requirements shall—
(A) include specifications regarding the total number of
pits per year, and the number of pits to be produced per
year for each weapon type, that will be required to be produced
in order to support the weapons that will be retained in the
nuclear weapons stockpile pursuant to the revised nuclear
weapons stockpile plan submitted to the congressional defense
committees as specified in the joint explanatory statement to
accompany the report of the Committee on Conference on the
bill H.R. 2754 of the 108th Congress;
(B) identify any surge capacity that may be included in
the annual pit production requirements; and
(C) assume that the lifetime of any particular pit type
is each of 40 years, 50 years, 60 years, and 70 years.
(c) FORM OF REPORT.—The report under subsection (a) shall
be submitted in unclassified form and shall include a classified
annex.
SEC. 3112. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECH-
NICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ‘‘September 30, 2004’’ and
inserting ‘‘September 30, 2006’’.
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER
FACILITIES AND INFRASTRUCTURE RECAPITALIZATION
PROGRAM AFTER PROJECT SELECTION DEADLINE.
(a) LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS.—Section
3114(a) of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1744; 50 U.S.C. 2453 note)
is amended—
(1) in the subsection caption, by striking ‘‘DEADLINE FOR’’;
(2) in paragraph (2), by striking ‘‘No project’’ and inserting
‘‘Except as provided in paragraph (3), no project’’; and
(3) by adding at the end the following new paragraph:
‘‘(3)(A) Subject to the provisions of this paragraph, a project
described in subparagraph (B) may be carried out under the Facili-
ties and Infrastructure Recapitalization Program after December
31, 2004, if the Administrator approves the project. The Adminis-
trator may not delegate the authority to approve projects under
the preceding sentence.
H. R. 4200—351
‘‘(B) A project described in this subparagraph is a project that
consists of a specific building, facility, or other improvement
(including fences, roads, or similar improvements).
‘‘(C) Funds may not be obligated or expended for a project
under this paragraph until 60 days after the date on which the
Administrator submits to the congressional defense committees a
notice on the project, including a description of the project and
the nature of the project, a statement explaining why the project
was not included in the Facilities and Infrastructure Recapitaliza-
tion Program under paragraph (1), and a statement explaining
why the project was not included in any other program under
the jurisdiction of the Administrator.
‘‘(D) The total number of projects that may be carried out
under this paragraph in any fiscal year may not exceed five projects.
‘‘(E) The Administrator may not utilize the authority in this
paragraph until 60 days after the later of—
‘‘(i) the date of the submittal to the congressional defense
committees of a list of the projects selected for inclusion in
the Facilities and Infrastructure Recapitalization Program
under paragraph (1); or
‘‘(ii) the date of the submittal to the congressional defense
committees of the report required by subsection (c).
‘‘(F) A project may not be carried out under this paragraph
unless the project will be completed by September 30, 2011.’’.
(b) CONSTRUCTION OF AUTHORITY.—The amendments made by
subsection (a) may not be construed to authorize any delay in
either of the following:
(1) The selection of projects for inclusion in the Facilities
and Infrastructure Recapitalization Program under subsection
(a) of section 3114 of the National Defense Authorization Act
for Fiscal Year 2004.
(2) The submittal of the report required by subsection
(c) of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIRE-
MENTS FOR NATIONAL IGNITION FACILITY.
(a) NOTIFICATION ON MILESTONES TO ACHIEVE IGNITION.—Sub-
section (a) of section 3137 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1369)
is amended by striking ‘‘each Level I milestone and Level II mile-
stone for the National Ignition Facility.’’ and inserting the following:
‘‘each milestone for the National Ignition Facility as follows:
‘‘(1) Each Level I milestone.
‘‘(2) Each Level II milestone.
‘‘(3) Each milestone to achieve ignition.’’.
(b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT OF MILE-
STONES.—Subsection (b) of such section is amended by striking
‘‘a Level I milestone or Level II milestone for the National Ignition
Facility’’ and inserting ‘‘a milestone for the National Ignition
Facility referred to in subsection (a)’’.
(c) MILESTONES TO ACHIEVE IGNITION.—Subsection (c) of such
section is amended to read as follows:
‘‘(c) MILESTONES.—For purposes of this section:
‘‘(1) The Level I milestones and Level II milestones for
the National Ignition Facility are as established in the August
2000 revised National Ignition Facility baseline document.
H. R. 4200—352
‘‘(2) The milestones for the National Ignition Facility to
achieve ignition are such milestones (other than the milestones
referred to in paragraph (1)) as the Administrator shall estab-
lish on any activities at the National Ignition Facility that
are required to enable the National Ignition Facility to achieve
ignition and be a fully functioning user facility by December
31, 2011.’’.
(d) SUBMITTAL TO CONGRESS OF MILESTONES TO ACHIEVE IGNI-
TION.—Not later than January 31, 2005, the Administrator for
Nuclear Security shall submit to the congressional defense commit-
tees a report setting forth the milestones of the National Ignition
Facility to achieve ignition as established by the Administration
under subsection (c)(2) of section 3137 of the National Defense
Authorization Act for Fiscal Year 2002, as amended by subsection
(c) of this section. The report shall include—
(1) a description of each milestone established; and
(2) a proposal for the funding to be required to meet each
such milestone.
(e) EXTENSION OF SUNSET.—Subsection (d) of section 3137 of
such Act is amended by striking ‘‘September 30, 2004’’ and inserting
‘‘December 31, 2011’’.
SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF
WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C.
2523(c)) is amended by striking ‘‘March 15 of each year thereafter’’
and inserting ‘‘May 1 of each year thereafter’’.
SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.
(a) IN
GENERAL.—Notwithstanding the provisions of the
Nuclear Waste Policy Act of 1982, the requirements of section
202 of the Energy Reorganization Act of 1974, and other laws
that define classes of radioactive waste, with respect to material
stored at a Department of Energy site at which activities are
regulated by a covered State pursuant to approved closure plans
or permits issued by the State, the term ‘‘high-level radioactive
waste’’ does not include radioactive waste resulting from the
reprocessing of spent nuclear fuel that the Secretary of Energy
(in this section referred to as the ‘‘Secretary’’), in consultation
with the Nuclear Regulatory Commission (in this section referred
to as the ‘‘Commission’’), determines—
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or high-level radioactive waste;
(2) has had highly radioactive radionuclides removed to
the maximum extent practical; and
(3)(A) does not exceed concentration limits for Class C
low-level waste as set out in section 61.55 of title 10, Code
of Federal Regulations, and will be disposed of—
(i) in compliance with the performance objectives set
out in subpart C of part 61 of title 10, Code of Federal
Regulations; and
(ii) pursuant to a State-approved closure plan or State-
issued permit, authority for the approval or issuance of
which is conferred on the State outside of this section;
or
H. R. 4200—353
(B) exceeds concentration limits for Class C low-level waste
as set out in section 61.55 of title 10, Code of Federal Regula-
tions, but will be disposed of—
(i) in compliance with the performance objectives set
out in subpart C of part 61 of title 10, Code of Federal
Regulations;
(ii) pursuant to a State-approved closure plan or State-
issued permit, authority for the approval or issuance of
which is conferred on the State outside of this section;
and
(iii) pursuant to plans developed by the Secretary in
consultation with the Commission.
(b) MONITORING BY NUCLEAR REGULATORY COMMISSION.—(1)
The Commission shall, in coordination with the covered State, mon-
itor disposal actions taken by the Department of Energy pursuant
to subparagraphs (A) and (B) of subsection (a)(3) for the purpose
of assessing compliance with the performance objectives set out
in subpart C of part 61 of title 10, Code of Federal Regulations.
(2) If the Commission considers any disposal actions taken
by the Department of Energy pursuant to those subparagraphs
to be not in compliance with those performance objectives, the
Commission shall, as soon as practicable after discovery of the
noncompliant conditions, inform the Department of Energy, the
covered State, and the following congressional committees:
(A) The Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Appropria-
tions of the House of Representatives.
(B) The Committee on Armed Services, the Committee
on Energy and Natural Resources, the Committee on Environ-
ment and Public Works, and the Committee on Appropriations
of the Senate.
(3) For fiscal year 2005, the Secretary shall, from amounts
available for defense site acceleration completion, reimburse the
Commission for all expenses, including salaries, that the Commis-
sion incurs as a result of performance under subsection (a) and
this subsection for fiscal year 2005. The Department of Energy
and the Commission may enter into an interagency agreement
that specifies the method of reimbursement. Amounts received by
the Commission for performance under subsection (a) and this
subsection may be retained and used for salaries and expenses
associated with those activities, notwithstanding section 3302 of
title 31, United States Code, and shall remain available until
expended.
(4) For fiscal years after 2005, the Commission shall include
in the budget justification materials submitted to Congress in sup-
port of the Commission budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) the amounts required, not offset by reve-
nues, for performance under subsection (a) and this subsection.
(c) INAPPLICABILITY
TO CERTAIN MATERIALS.—Subsection (a)
shall not apply to any material otherwise covered by that subsection
that is transported from the covered State.
(d) COVERED STATES.—For purposes of this section, the fol-
lowing States are covered States:
(1) The State of South Carolina.
(2) The State of Idaho.
H. R. 4200—354
(e) CONSTRUCTION.—(1) Nothing in this section shall impair,
alter, or modify the full implementation of any Federal Facility
Agreement and Consent Order or other applicable consent decree
for a Department of Energy site.
(2) Nothing in this section establishes any precedent or is
binding on the State of Washington, the State of Oregon, or any
other State not covered by subsection (d) for the management,
storage, treatment, and disposition of radioactive and hazardous
materials.
(3) Nothing in this section amends the definition of ‘‘transuranic
waste’’ or regulations for repository disposal of transuranic waste
pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act
or part 191 of title 40, Code of Federal Regulations.
(4) Nothing in this section shall be construed to affect in any
way the obligations of the Department of Energy to comply with
section 4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).
(5) Nothing in this section amends the West Valley Demonstra-
tion Act (42 U.S.C. 2121a note).
(f) JUDICIAL REVIEW.—Judicial review shall be available in
accordance with chapter 7 of title 5, United States Code, for the
following:
(1) Any determination made by the Secretary or any other
agency action taken by the Secretary pursuant to this section.
(2) Any failure of the Commission to carry out its respon-
sibilities under subsection (b).
SEC. 3117. TREATMENT OF WASTE MATERIAL.
Of the amounts made available pursuant to the authorization
of appropriations in section 3102(1) for environmental management
for defense site acceleration completion for the High-Level Waste
Proposal, $350,000,000 shall be available at specified sites for any
defense site acceleration completion activities at those sites, as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho, $97,300,000.
(2) The Savannah River Site, Aiken, South Carolina,
$188,600,000.
(3) The Hanford Site, Richland, Washington, $64,100,000.
SEC. 3118. LOCAL STAKEHOLDER ORGANIZATIONS FOR 2006 CLOSURE
SITES.
(a) ESTABLISHMENT.—(1) The Secretary of Energy shall estab-
lish for each Department of Energy 2006 closure site a local stake-
holder organization having the responsibilities set forth in sub-
section (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments
in the vicinity of the closure site concerned.
(b) COMPOSITION.—A local stakeholder organization for a
Department of Energy 2006 closure site under subsection (a) shall
be composed of such elected officials of local governments in the
vicinity of the closure site concerned as the Secretary considers
appropriate to carry out the responsibilities set forth in subsection
(c) who agree to serve on the organization, or the designees of
such officials.
(c) RESPONSIBILITIES.—A local stakeholder organization for a
Department of Energy 2006 closure site under subsection (a) shall—
H. R. 4200—355
(1) solicit and encourage public participation in appropriate
activities relating to the closure and post-closure operations
of the site;
(2) disseminate information on the closure and post-closure
operations of the site to the State government of the State
in which the site is located, local and tribal governments in
the vicinity of the site, and persons and entities having a
stake in the closure or post-closure operations of the site;
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
and post-closure operations of the site; and
(4) perform such other duties as the Secretary and the
local stakeholder organization jointly determine appropriate to
assist the Secretary in meeting post-closure obligations of the
Department at the site.
(d) DEADLINE
FOR
ESTABLISHMENT.—The local stakeholder
organization for a Department of Energy 2006 closure site shall
be established not later than six months before the closure of
the site.
(e) DEPARTMENT OF ENERGY 2006 CLOSURE SITE DEFINED.—
In this section, the term ‘‘Department of Energy 2006 closure site’’
means the following:
(1) The Rocky Flats Environmental Technology Site, Colo-
rado.
(2) The Fernald Plant, Ohio.
(3) The Mound Plant, Ohio.
SEC. 3119. REPORT TO CONGRESS ON ADVANCED NUCLEAR WEAPONS
CONCEPTS INITIATIVE.
(a) REPORT REQUIRED.—Not later than March 1, 2005, the
Administrator for Nuclear Security shall submit to the congressional
defense committees a detailed report on the planned activities for
studies under the Advanced Nuclear Weapons Concepts Initiative
for fiscal year 2005.
(b) FORM OF REPORT.—The report under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
Subtitle C—Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL
NUCLEAR MATERIALS PROTECTION AND COOPERATION
PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
(a) APPLICABILITY OF AUTHORITY LIMITED TO PROJECTS NOT
PREVIOUSLY AUTHORIZED.—Subsection (a) of section 3124 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 117 Stat. 1747) is amended by inserting ‘‘that has
not previously been authorized by Congress’’ after ‘‘states of the
former Soviet Union’’.
(b) REPEAL OF LIMITATION ON TOTAL AMOUNT OF OBLIGATION.—
Such section is further amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (c), (d), and (e), respectively.