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‘‘SEC. 3670. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Labor for 
fiscal year 2005 and each fiscal year thereafter such sums 
as may be necessary in such fiscal year for— 
‘‘(1) the provision of compensation and benefits 
under this subtitle; and 
‘‘(2) the administration of the provisions of this 
subtitle. 
‘‘(b) AVAILABILITY WITHOUT FISCAL YEAR LIMITA-
TION.—Amounts authorized to be appropriated by sub-
section (a) shall remain available without fiscal year limi-
tation. 
‘‘(c) AVAILABILITY OF AMOUNTS SUBJECT TO APPRO-
PRIATIONS ACTS.—The authority to provide compensation 
and benefits under this subtitle shall be effective in any fis-
cal year only to the extent and in such amounts as are pro-
vided in advance in appropriations Acts.’’. 
(b) CONFORMING AMENDMENT.—Section 3643 of the 
Energy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (42 U.S.C. 7385b) is amended by striking 
‘‘The acceptance’’ and inserting ‘‘Except as provided in 
subtitle D, the acceptance’’. 
(c) REGULATIONS.—The Secretary of Labor shall pre-
scribe the regulations required by section 3668(d) of the En-
ergy Employees Occupational Illness Compensation Pro-
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gram Act of 2000, as amended by this section, not later 
than 120 days after the date of the enactment of this Act. 
The Secretary may prescribe interim final regulations nec-
essary to meet the deadlines specified in the preceding sen-
tence and subsection (d)(1). 
(d) TRANSITION.—(1) The Secretary of Labor shall 
commence the administration of the provisions of subtitle 
D of the Energy Employees Occupational Illness Compensa-
tion Program Act of 2000, as amended by this section, not 
later than 180 days after the date of the enactment of this 
Act. 
(2) The Secretary of Energy and the Secretary of 
Labor shall jointly take such actions as are appropriate— 
(A) to identify the activities under subtitle D of 
the Energy Employees Occupational Illness Com-
pensation Program Act of 2000, as in effect on the 
day before the date of the enactment of this Act, that 
will continue under that subtitle, as amended by this 
section, upon the commencement of the administra-
tion of that subtitle, as so amended, by the Secretary 
of Labor under paragraph (1); and 
(B) to ensure the continued discharge of such ac-
tivities until the commencement of the administration 
of that subtitle, as so amended, by the Secretary of 
Labor under paragraph (1).
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(3)(A) In carrying out activities under paragraph (2), 
the Secretary of Energy shall only conduct a causation re-
view on a claim if the claim is completely prepared and 
awaiting review as of the date of the enactment of this Act. 
(B) Activities under paragraph (2) on any claim cov-
ered by such activities that is not described by subpara-
graph (A) shall be carried out by the Secretary of Labor. 
(e) PROVISION OF RECORDS.—The Secretary of En-
ergy shall, to the maximum extent practicable, complete the 
provision of records to the Secretary of Labor under section 
3668(c)(1) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000, as amended by this 
section, not later than 60 days after the date of the enact-
ment of this Act. 
(f) SITE PROFILES.—(1)(A) The Secretary of Labor 
shall prepare a site profile for each of the 14 Department 
of Energy facilities that have received the most number of 
claims for compensation and benefits under subtitle D of 
the Energy Employees Occupational Illness Compensation 
Program Act of 2000 as of the date of the enactment of this 
Act. 
(B) The Secretary of Labor shall prepare a site profile 
under subparagraph (A) utilizing the former worker med-
ical screening programs of the Department of Energy.
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(2) If the Secretary of Labor determines that the prep-
aration of a site profile for a facility cannot be performed 
under paragraph (1) because no worker medical screening 
activities occurred for the facility, or that preparation of 
the profile is otherwise impracticable, the site profile for 
the facility shall be prepared by the National Institute of 
Occupational Safety and Health. 
(3) All site profiles required by this subsection shall 
be completed not later than 210 days after the date of the 
enactment of this Act. 
(4) The Secretary of Energy shall provide the Sec-
retary of Labor with any support that the Secretary of 
Labor considers necessary for carrying out this subsection. 
(5) In this subsection, the term ‘‘site profile’’, in the 
case of a Department of Energy facility, means an exposure 
assessment that— 
(A) identifies any processes and toxic substances 
used in the facility; 
(B) establishes the times in which such toxic sub-
stances were used in the facility; and 
(C) establishes the degree of exposure to such 
toxic substances taking into account available records 
and studies and information on such processes and 
toxic substances.
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(g) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary of Energy should— 
(1) adopt a policy not to oppose any final posi-
tive determinations with respect to injured workers at 
Department of Energy facilities and atomic weapons 
employer facilities under State adjudication systems 
unless such determinations are frivolous; and 
(2) incorporate the policy referred to in para-
graph (1) in all Department of Energy contracts with 
non-Federal government entities to which such policy 
could apply. 
(h) FUNDING FOR ADMINISTRATION IN FISCAL YEAR 
2005.—(1) Of the amount authorized to be appropriated 
for fiscal year 2005 by section 3102(a)(1) for environmental 
management for defense site acceleration completion, 
$2,000,000 shall be available for purposes of the adminis-
tration of the provisions of subtitle D of the Energy Em-
ployees Occupational Illness Compensation Program Act of 
2000, as amended by this section, during fiscal year 2005. 
(2) The Secretary of Energy shall transfer to the Sec-
retary of Labor the amount available under paragraph (1) 
for the purposes specified in that paragraph. 
(3) The Secretary of Labor shall utilize amounts trans-
ferred to the Secretary under paragraph (2) for the purposes 
specified in paragraph (1).
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SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCE-
MENTS OF ENERGY EMPLOYEES OCCUPA-
TIONAL ILLNESS COMPENSATION PROGRAM. 
Notwithstanding any other provision of this Act, sec-
tion 3143, relating to enhancements of the Energy Employ-
ees Occupational Illness Compensation Program, shall have 
no force or effect, and the amendments specified in such 
section shall not be made. 
SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR 
ENERGY EMPLOYEES UNDER ENERGY EM-
PLOYEE OCCUPATIONAL ILLNESS COMPENSA-
TION PROGRAM IN WESTERN NEW YORK AND 
WESTERN PENNSYLVANIA REGION. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) New York has 36 current or former Depart-
ment of Energy facilities involved in nuclear weapons 
production-related activities statewide, mostly atomic 
weapons employer facilities, and 14 such facilities in 
western New York. Despite having one of the greatest 
concentrations of such facilities in the United States, 
western New York, and abutting areas of Pennsyl-
vania, continue to be severely underserved by the En-
ergy Employees Occupational Illness Compensation 
Program under the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (title
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XXXVI of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106–398); 42 U.S.C. 7384 et seq.). 
(2) The establishment of a permanent resource 
center in western New York would represent a sub-
stantial step toward improving services under the En-
ergy Employees Occupational Illness Compensation 
Program for energy employees in this region. 
(3) The number of claims submitted to the De-
partment under subtitle B of the Energy Employees 
Occupational Illness Compensation Program Act of 
2000 from the western New York region, including 
western Pennsylvania, exceeds the number of such 
claims filed at resource centers in Hanford, Wash-
ington, Portsmouth, Ohio, Los Alamos, New Mexico, 
the Nevada Test Site, Nevada, the Rocky Flats Envi-
ronmental Technology Site, Colorado, the Idaho Na-
tional Engineering Laboratory, Idaho, and the Am-
chitka Test Site, Alaska. 
(4) Energy employees in the western New York 
region, including western Pennsylvania, deserve as-
sistance under subtitle B of the Energy Employees 
Occupational Illness Compensation Program Act of 
2000 commensurate with the assistance provided en-
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ergy employees at other locations in the United 
States. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
to encourage the Office of Ombudsman of the Department 
of Labor, as established by section 3669 of the Energy Em-
ployees Occupational Illness Compensation Program Act of 
2000 (as amended by section 3163 of this Act), to— 
(1) review the availability of assistance under 
subtitle B of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 for energy 
employees in the western New York region, including 
western Pennsylvania; and 
(2) recommend a location in that region for a re-
source center to provide such assistance to such energy 
employees. 
SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DES-
IGNATED BY PRESIDENT AS MEMBERS OF CO-
HORT. 
Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 
7384l(14)(C)(ii)) is amended by striking ‘‘180 days’’ and 
inserting ‘‘60 days.’’
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SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR 
WEAPONS PROGRAM WORKERS IN SPECIAL 
EXPOSURE COHORT UNDER THE ENERGY EM-
PLOYEES 
OCCUPATIONAL 
ILLNESS 
COM-
PENSATION PROGRAM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Energy workers at the former Mallinkrodt fa-
cilities (including the St. Louis downtown facility 
and the Weldon Springs facility) were exposed to lev-
els of radionuclides and radioactive materials that 
were much greater than the current maximum allow-
able Federal standards. 
(2) The Mallinkrodt workers at the St. Louis site 
were exposed to excessive levels of airborne uranium 
dust relative to the standards in effect during the 
time, and many workers were exposed to 200 times 
the preferred levels of exposure. 
(3)(A) The chief safety officer for the Atomic En-
ergy Commission during the Mallinkrodt-St. Louis 
operations described the facility as 1 of the 2 worst 
plants with respect to worker exposures. 
(B) Workers were excreting in excess of a milli-
gram of uranium per day causing kidney damage. 
(C) A recent epidemiological study found excess 
levels of nephritis and kidney cancer from inhalation 
of uranium dusts.
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(4) The Department of Energy has admitted that 
those Mallinkrodt workers were subjected to risks and 
had their health endangered as a result of working 
with these highly radioactive materials. 
(5) The Department of Energy reported that 
workers at the Weldon Springs feed materials plant 
handled plutonium and recycled uranium, which are 
highly radioactive. 
(6) The National Institute of Occupational Safe-
ty and Health admits that— 
(A) the operations at the St. Louis down-
town site consisted of intense periods of proc-
essing extremely high levels of radionuclides; and 
(B) the Institute has virtually no personal 
monitoring data for Mallinkrodt workers prior to 
1948. 
(7) The National Institute of Occupational Safe-
ty and Health has informed claimants and their sur-
vivors at those 3 Mallinkrodt sites that if they are not 
interviewed as a part of the dose reconstruction proc-
ess, it— 
(A) would hinder the ability of the Institute 
to conduct dose reconstruction for the claimant; 
and
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(B) may result in a dose reconstruction that 
incompletely or inaccurately estimates the radi-
ation dose to which the energy employee named 
in the claim had been exposed. 
(8) Energy workers at the Iowa Army Ammuni-
tion Plant (also known as the Burlington Atomic En-
ergy Commission Plant and the Iowa Ordnance 
Plant) between 1947 and 1975 were exposed to levels 
of radionuclides and radioactive material, including 
enriched uranium, plutonium, tritium, and depleted 
uranium, in addition to beryllium and photon radi-
ation, that are greater than the current maximum 
Federal standards for exposure. 
(9) According to the National Institute of Occu-
pational Safety and Health— 
(A) between 1947 and 1975, no records, in-
cluding bioassays or air samples, have been lo-
cated that indicate any monitoring occurred of 
internal doses of radiation to which workers de-
scribed in paragraph (8) were exposed; 
(B) between 1947 and 1955, no records, in-
cluding dosimetry badges, have been located to 
indicate that any monitoring occurred of the ex-
ternal doses of radiation to which such workers 
were exposed;
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(C) between 1955 and 1962, records indi-
cate that only 8 to 23 workers in a workforce of 
over 1,000 were monitored for external radiation 
doses; and 
(D) between 1970 and 1975, the high point 
of screening at the Iowa Army Ammunition 
Plant, only 25 percent of the workforce was 
screened for exposure to external radiation. 
(10) The Department of Health and Human 
Services published the first notice of proposed rule-
making concerning the Special Exposure Cohort on 
June 25, 2002, and the final rule published on May 
26, 2004. 
(11) Many of those former workers have died 
while waiting for the proposed rule to be finalized, in-
cluding some claimants who were waiting for dose re-
construction to be completed. 
(12) Because of the aforementioned reasons, in-
cluding the serious lack of records and the death of 
many potential claimants, it is not feasible to conduct 
valid dose reconstructions for the Iowa Army Ammu-
nition Plant facility or the Mallinkrodt facilities. 
(b) INCLUSION OF CERTAIN FORMER WORKERS IN CO-
HORT.—Section 3621(14) of the Energy Employees Occupa-
tional Illness Compensation Program Act of 2000 (title
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XXXVI of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106–398); 42 U.S.C. 7384l(14)) is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) Subject to the provisions of section 
3612A and section 3146(e) of the National De-
fense Authorization Act for Fiscal Year 2005, the 
employee was so employed for a number of work 
days aggregating at least 45 workdays at a facil-
ity operated under contract to the Department of 
Energy by Mallinkrodt Incorporated or its suc-
cessors (including the St. Louis downtown or 
‘Destrehan’ facility during any of calendar years 
1942 through 1958 and the Weldon Springs feed 
materials plant facility during any of calendar 
years 1958 through 1966), or at a facility oper-
ated by the Department of Energy or under con-
tract by Mason & Hangar-Silas Mason Com-
pany at the Iowa Army Ammunition Plant (also 
known as the Burlington Atomic Energy Com-
mission Plant and the Iowa Ordnance Plant)
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during any of the calendar years 1947 through 
1975, and during the employment— 
‘‘(i)(I) was monitored through the use 
of dosimetry badges for exposure at the 
plant of the external parts of an employee’s 
body to radiation; or 
‘‘(II) was monitored through the use of 
bioassays, in vivo monitoring, or breath 
samples for exposure at the plant to inter-
nal radiation; or 
‘‘(ii) worked in a job that had expo-
sures comparable to a job that is monitored, 
or should have been monitored, under stand-
ards of the Department of Energy in effect 
on the date of enactment of this subpara-
graph through the use of dosimetry badges 
for monitoring external radiation exposures, 
or bioassays, in vivo monitoring, or breath 
samples for internal radiation exposures, at 
a facility.’’. 
(c) FUNDING OF COMPENSATION AND BENEFITS.—(1) 
Such Act is further amended by inserting after section 3612 
the following new section:
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‘‘SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS 
FOR CERTAIN MEMBERS OF THE SPECIAL EX-
POSURE COHORT. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated to the Department of 
Labor for each fiscal year after fiscal year 2004 such sums 
as may be necessary for the provision of compensation and 
benefits under the compensation program for members of 
the 
Special 
Exposure 
Cohort 
described 
in 
section 
3621(14)(C) in such fiscal year. 
‘‘(b) PROHIBITION
ON USE
FOR ADMINISTRATIVE 
COSTS.—(1) No amount authorized to be appropriated by 
subsection (a) may be utilized for purposes of carrying out 
the compensation program for the members of the Special 
Exposure Cohort referred to in that subsection or admin-
istering the amount authorized to be appropriated by sub-
section (a). 
‘‘(2) Amounts for purposes described in paragraph (1) 
shall be derived from amounts authorized to be appro-
priated by section 3614(a). 
‘‘(c) PROVISION
OF COMPENSATION
AND BENEFITS 
SUBJECT
TO APPROPRIATIONS ACTS.—The provision of 
compensation and benefits under the compensation program 
for members of the Special Exposure Cohort referred to in 
subsection (a) in any fiscal year shall be subject to the 
availability of appropriations for that purpose for such fis-
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HR 4200 EAS/PP 
cal year and to applicable provisions of appropriations 
Acts.’’. 
(2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) 
is amended— 
(A) by inserting ‘‘(1)’’ before ‘‘Subject’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Amounts for the provision of compensation and 
benefits under the compensation program for members of 
the 
Special 
Exposure 
Cohort 
described 
in 
section 
3621(14)(C) may be derived from amounts authorized to 
be appropriated by section 3612A(a).’’. 
(d) OFFSET.—The total amount authorized to be ap-
propriated under subtitle A of this title is hereby reduced 
by $61,000,000. 
(e) CERTIFICATION.—Funds shall be available to pay 
claims approved by the National Institute of Occupational 
Safety and Health for a facility by reason of section 
3621(14)(C) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000, as amended by sub-
section (b)(2), if the Director of the National Institute of 
Occupational Safety and Health certifies with respect to 
such facility each of the following: 
(1) That no atomic weapons work or related 
work has been conducted at such facility after 1976.
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(2) That fewer than 50 percent of the total num-
ber of workers engaged in atomic weapons work or re-
lated work at such facility were accurately monitored 
for exposure to internal and external ionizing radi-
ation during the term of their employment. 
(3) That individual internal and external expo-
sure records for employees at such facility are not 
available, or the exposure to radiation of at least 40 
percent of the exposed workers at such facility cannot 
be determined from the individual internal and exter-
nal exposure records that are available. 
(f) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that all employees who are eligible to apply for benefits 
under the compensation program established by the Energy 
Employees Occupational Illness Compensation Act should 
be treated fairly and equitably with regard to inclusion 
under the special exposure cohort provisions of this Act. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 
2005, $21,268,000 for the operation of the Defense Nuclear 
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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TITLE XXXIII—NATIONAL 
DEFENSE STOCKPILE 
SEC. 3301. DISPOSAL OF FERROMANGANESE. 
(a) DISPOSAL AUTHORIZED.—The Secretary of De-
fense may dispose of up to 50,000 tons of ferromanganese 
from the National Defense Stockpile during fiscal year 
2005. 
(b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS-
POSAL.—After the disposal of ferromanganese authorized by 
subsection (a)— 
(1) the Secretary may dispose of up to an addi-
tional 25,000 tons of ferromanganese from the Na-
tional Defense Stockpile before September 30, 2005; 
and 
(2) if the Secretary completes the disposal au-
thorized by paragraph (1) before September 30, 2005, 
the Secretary may dispose of up to an additional 
25,000 tons of ferromanganese from the National De-
fense Stockpile before that date. 
(c) CERTIFICATION.—The Secretary may dispose of 
ferromanganese under paragraph (1) or (2) of subsection 
(b) only if the Secretary, with the concurrence of the Sec-
retary of Commerce, certifies to the congressional defense 
committees not later than 30 days before the commencement 
of disposal under the applicable paragraph that—
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(1) the disposal of ferromanganese under such 
paragraph is in the national interest due to extraor-
dinary circumstances in markets for ferromanganese; 
(2) the disposal of ferromanganese under such 
paragraph will not cause undue harm to domestic 
manufacturers of ferroalloys; and 
(3) the disposal of ferromanganese under such 
paragraph is consistent with the requirements and 
purpose of the National Defense Stockpile under the 
Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98 et seq.). 
(d) DELEGATION OF RESPONSIBILITY.—The Secretary 
of Defense and the Secretary of Commerce may each dele-
gate the responsibility of such Secretary under subsection 
(c) to an appropriate official within the Department of De-
fense or the Department of Commerce, as the case may be. 
(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In 
this section, the term ‘‘National Defense Stockpile’’ means 
the stockpile provided for in section 4 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98c).
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SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 
FOR CERTAIN PREVIOUSLY AUTHORIZED DIS-
POSALS 
FROM 
THE 
NATIONAL 
DEFENSE 
STOCKPILE. 
Section 3303(a) of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (50 U.S.C. 
98d note) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(6) $870,000,000 by the end of fiscal year 
2014.’’. 
SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT 
CERTAIN FACILITIES. 
(a) PROHIBITION.—The Secretary of Defense may not 
store mercury from the National Defense Stockpile at any 
facility that is not owned or leased by the United States. 
(b) NATIONAL DEFENSE STOCKPILE DEFINED.—In 
this section, the term ‘‘National Defense Stockpile’’ means 
the stockpile provided for in section 4 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98c).
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TITLE XXXIV—LOCAL LAW EN-
FORCEMENT 
ENHANCEMENT 
ACT. 
SEC. 3401. SHORT TITLE. 
This title may be cited as the ‘‘Local Law Enforcement 
Enhancement Act of 2004’’. 
SEC. 3402. FINDINGS. 
Congress makes the following findings: 
(1) The incidence of violence motivated by the 
actual or perceived race, color, religion, national ori-
gin, gender, sexual orientation, or disability of the 
victim poses a serious national problem. 
(2) Such violence disrupts the tranquility and 
safety of communities and is deeply divisive. 
(3) State and local authorities are now and will 
continue to be responsible for prosecuting the over-
whelming majority of violent crimes in the United 
States, including violent crimes motivated by bias. 
These authorities can carry out their responsibilities 
more effectively with greater Federal assistance. 
(4) Existing Federal law is inadequate to ad-
dress this problem. 
(5) The prominent characteristic of a violent 
crime motivated by bias is that it devastates not just 
the actual victim and the family and friends of the
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victim, but frequently savages the community sharing 
the traits that caused the victim to be selected. 
(6) Such violence substantially affects interstate 
commerce in many ways, including— 
(A) by impeding the movement of members 
of targeted groups and forcing such members to 
move across State lines to escape the incidence or 
risk of such violence; and 
(B) by preventing members of targeted 
groups from purchasing goods and services, ob-
taining or sustaining employment, or partici-
pating in other commercial activity. 
(7) Perpetrators cross State lines to commit such 
violence. 
(8) Channels, facilities, and instrumentalities of 
interstate commerce are used to facilitate the commis-
sion of such violence. 
(9) Such violence is committed using articles 
that have traveled in interstate commerce. 
(10) For generations, the institutions of slavery 
and involuntary servitude were defined by the race, 
color, and ancestry of those held in bondage. Slavery 
and involuntary servitude were enforced, both prior to 
and after the adoption of the 13th amendment to the 
Constitution of the United States, through widespread
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HR 4200 EAS/PP 
public and private violence directed at persons be-
cause of their race, color, or ancestry, or perceived 
race, color, or ancestry. Accordingly, eliminating ra-
cially motivated violence is an important means of 
eliminating, to the extent possible, the badges, inci-
dents, and relics of slavery and involuntary servitude. 
(11) Both at the time when the 13th, 14th, and 
15th amendments to the Constitution of the United 
States were adopted, and continuing to date, members 
of certain religious and national origin groups were 
and are perceived to be distinct ‘‘races’’. Thus, in 
order to eliminate, to the extent possible, the badges, 
incidents, and relics of slavery, it is necessary to pro-
hibit assaults on the basis of real or perceived reli-
gions or national origins, at least to the extent such 
religions or national origins were regarded as races 
at the time of the adoption of the 13th, 14th, and 15th 
amendments to the Constitution of the United States. 
(12) Federal jurisdiction over certain violent 
crimes motivated by bias enables Federal, State, and 
local authorities to work together as partners in the 
investigation and prosecution of such crimes. 
(13) The problem of crimes motivated by bias is 
sufficiently serious, widespread, and interstate in na-
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HR 4200 EAS/PP 
ture as to warrant Federal assistance to States and 
local jurisdictions. 
SEC. 3403. DEFINITION OF HATE CRIME. 
In this title, the term ‘‘hate crime’’ has the same mean-
ing as in section 280003(a) of the Violent Crime Control 
and Law Enforcement Act of 1994 (28 U.S.C. 994 note). 
SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
PROSECUTIONS BY STATE AND LOCAL LAW 
ENFORCEMENT OFFICIALS. 
(a) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.— 
(1) IN GENERAL.—At the request of a law en-
forcement official of a State or Indian tribe, the At-
torney General may provide technical, forensic, pros-
ecutorial, or any other form of assistance in the 
criminal investigation or prosecution of any crime 
that— 
(A) constitutes a crime of violence (as de-
fined in section 16 of title 18, United States 
Code); 
(B) constitutes a felony under the laws of 
the State or Indian tribe; and 
(C) is motivated by prejudice based on the 
race, color, religion, national origin, gender, sex-
ual orientation, or disability of the victim, or is
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a violation of the hate crime laws of the State 
or Indian tribe. 
(2) PRIORITY.—In providing assistance under 
paragraph (1), the Attorney General shall give pri-
ority to crimes committed by offenders who have com-
mitted crimes in more than 1 State and to rural ju-
risdictions that have difficulty covering the extraor-
dinary expenses relating to the investigation or pros-
ecution of the crime. 
(b) GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
award grants to assist State, local, and Indian law 
enforcement officials with the extraordinary expenses 
associated with the investigation and prosecution of 
hate crimes. 
(2) OFFICE OF JUSTICE PROGRAMS.—In imple-
menting the grant program, the Office of Justice Pro-
grams shall work closely with the funded jurisdictions 
to ensure that the concerns and needs of all affected 
parties, including community groups and schools, col-
leges, and universities, are addressed through the local 
infrastructure developed under the grants. 
(3) APPLICATION.— 
(A) IN GENERAL.—Each State that desires 
a grant under this subsection shall submit an
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HR 4200 EAS/PP 
application to the Attorney General at such 
time, in such manner, and accompanied by or 
containing such information as the Attorney 
General shall reasonably require. 
(B) DATE FOR SUBMISSION.—Applications 
submitted pursuant to subparagraph (A) shall be 
submitted during the 60-day period beginning on 
a date that the Attorney General shall prescribe. 
(C) REQUIREMENTS.—A State or political 
subdivision of a State or tribal official applying 
for assistance under this subsection shall— 
(i) describe the extraordinary purposes 
for which the grant is needed; 
(ii) certify that the State, political sub-
division, or Indian tribe lacks the resources 
necessary to investigate or prosecute the 
hate crime; 
(iii) demonstrate that, in developing a 
plan to implement the grant, the State, po-
litical subdivision, or tribal official has con-
sulted and coordinated with nonprofit, non-
governmental victim services programs that 
have experience in providing services to vic-
tims of hate crimes; and
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(iv) certify that any Federal funds re-
ceived under this subsection will be used to 
supplement, 
not 
supplant, 
non-Federal 
funds that would otherwise be available for 
activities funded under this subsection. 
(4) DEADLINE.—An application for a grant 
under this subsection shall be approved or dis-
approved by the Attorney General not later than 30 
business days after the date on which the Attorney 
General receives the application. 
(5) GRANT AMOUNT.—A grant under this sub-
section shall not exceed $100,000 for any single juris-
diction within a 1 year period. 
(6) REPORT.—Not later than December 31, 2005, 
the Attorney General shall submit to Congress a re-
port describing the applications submitted for grants 
under this subsection, the award of such grants, and 
the purposes for which the grant amounts were ex-
pended. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $5,000,000 for each of fiscal years 
2005 and 2006.
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SEC. 3405. GRANT PROGRAM. 
(a) AUTHORITY TO MAKE GRANTS.—The Office of 
Justice Programs of the Department of Justice shall award 
grants, in accordance with such regulations as the Attorney 
General may prescribe, to State and local programs de-
signed to combat hate crimes committed by juveniles, in-
cluding programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate 
crimes. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL 
TO ASSIST STATE AND LOCAL LAW ENFORCE-
MENT. 
There are authorized to be appropriated to the Depart-
ment of the Treasury and the Department of Justice, in-
cluding the Community Relations Service, for fiscal years 
2005, 2006, and 2007 such sums as are necessary to in-
crease the number of personnel to prevent and respond to 
alleged violations of section 249 of title 18, United States 
Code, as added by section ll07. 
SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the following:
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‘‘§ 249. Hate crime acts 
‘‘(a) IN GENERAL.— 
‘‘(1) OFFENSES
INVOLVING
ACTUAL
OR
PER-
CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI-
GIN.—Whoever, whether or not acting under color of 
law, willfully causes bodily injury to any person or, 
through the use of fire, a firearm, or an explosive or 
incendiary device, attempts to cause bodily injury to 
any person, because of the actual or perceived race, 
color, religion, or national origin of any person— 
‘‘(A) shall be imprisoned not more than 10 
years, fined in accordance with this title, or 
both; and 
‘‘(B) shall be imprisoned for any term of 
years or for life, fined in accordance with this 
title, or both, if— 
‘‘(i) death results from the offense; or 
‘‘(ii) the offense includes kidnaping or 
an attempt to kidnap, aggravated sexual 
abuse or an attempt to commit aggravated 
sexual abuse, or an attempt to kill. 
‘‘(2) OFFENSES
INVOLVING
ACTUAL
OR
PER-
CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX-
UAL ORIENTATION, OR DISABILITY.— 
‘‘(A) IN
GENERAL.—Whoever, whether or 
not acting under color of law, in any cir-
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cumstance described in subparagraph (B), will-
fully causes bodily injury to any person or, 
through the use of fire, a firearm, or an explosive 
or incendiary device, attempts to cause bodily 
injury to any person, because of the actual or 
perceived religion, national origin, gender, sex-
ual orientation, or disability of any person— 
‘‘(i) shall be imprisoned not more than 
10 years, fined in accordance with this title, 
or both; and 
‘‘(ii) shall be imprisoned for any term 
of years or for life, fined in accordance with 
this title, or both, if— 
‘‘(I) death results from the offense; 
or 
‘‘(II) the offense includes kid-
naping or an attempt to kidnap, ag-
gravated sexual abuse or an attempt to 
commit aggravated sexual abuse, or an 
attempt to kill. 
‘‘(B) 
CIRCUMSTANCES
DESCRIBED.—For 
purposes of subparagraph (A), the circumstances 
described in this subparagraph are that— 
‘‘(i) the conduct described in subpara-
graph (A) occurs during the course of, or as
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the result of, the travel of the defendant or 
the victim— 
‘‘(I) across a State line or na-
tional border; or 
‘‘(II) using a channel, facility, or 
instrumentality of interstate or foreign 
commerce; 
‘‘(ii) the defendant uses a channel, fa-
cility, or instrumentality of interstate or 
foreign commerce in connection with the 
conduct described in subparagraph (A); 
‘‘(iii) in connection with the conduct 
described in subparagraph (A), the defend-
ant employs a firearm, explosive or incen-
diary device, or other weapon that has trav-
eled in interstate or foreign commerce; or 
‘‘(iv) the conduct described in subpara-
graph (A)— 
‘‘(I) interferes with commercial or 
other economic activity in which the 
victim is engaged at the time of the 
conduct; or 
‘‘(II) otherwise affects interstate 
or foreign commerce.
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‘‘(b) CERTIFICATION REQUIREMENT.—No prosecution 
of any offense described in this subsection may be under-
taken by the United States, except under the certification 
in writing of the Attorney General, the Deputy Attorney 
General, the Associate Attorney General, or any Assistant 
Attorney General specially designated by the Attorney Gen-
eral that— 
‘‘(1) he or she has reasonable cause to believe 
that the actual or perceived race, color, religion, na-
tional origin, gender, sexual orientation, or disability 
of any person was a motivating factor underlying the 
alleged conduct of the defendant; and 
‘‘(2) he or his designee or she or her designee has 
consulted with State or local law enforcement officials 
regarding the prosecution and determined that— 
‘‘(A) the State does not have jurisdiction or 
does not intend to exercise jurisdiction; 
‘‘(B) the State has requested that the Fed-
eral Government assume jurisdiction; 
‘‘(C) the State does not object to the Federal 
Government assuming jurisdiction; or 
‘‘(D) the verdict or sentence obtained pursu-
ant 
to 
State 
charges 
left 
demonstratively 
unvindicated the Federal interest in eradicating 
bias-motivated violence.
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‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘explosive or incendiary device’ has 
the meaning given the term in section 232 of this 
title; and 
‘‘(2) the term ‘firearm’ has the meaning given 
the term in section 921(a) of this title.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
analysis for chapter 13 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘249. Hate crime acts.’’. 
SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION. 
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to the authority provided under section 
994 of title 28, United States Code, the United States Sen-
tencing Commission shall study the issue of adult recruit-
ment of juveniles to commit hate crimes and shall, if appro-
priate, amend the Federal sentencing guidelines to provide 
sentencing enhancements (in addition to the sentencing en-
hancement provided for the use of a minor during the com-
mission of an offense) for adult defendants who recruit juve-
niles to assist in the commission of hate crimes. 
(b) CONSISTENCY WITH OTHER GUIDELINES.—In car-
rying out this section, the United States Sentencing Com-
mission shall— 
(1) ensure that there is reasonable consistency 
with other Federal sentencing guidelines; and
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(2) avoid duplicative punishments for substan-
tially the same offense. 
SEC. 3409. STATISTICS. 
Subsection (b)(1) of the first section of the Hate Crimes 
Statistics Act (28 U.S.C. 534 note) is amended by inserting 
‘‘gender,’’ after ‘‘race,’’. 
SEC. 3410. SEVERABILITY. 
If any provision of this title, an amendment made by 
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made 
by this title, and the application of the provisions of such 
to any person or circumstance shall not be affected thereby. 
TITLE XXXV—ASSISTANCE TO 
FIREFIGHTERS. 
SEC. 3501. SHORT TITLE. 
This title may be cited as the ‘‘Assistance to Fire-
fighters Act of 2004’’. 
SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SE-
CURITY FOR FIREFIGHTER ASSISTANCE PRO-
GRAM. 
(a) IN GENERAL.—Subsection (b)(1) of section 33 of 
the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229) is amended by striking ‘‘Director’’ in the mat-
ter preceding subparagraph (A) and inserting ‘‘Secretary
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of Homeland Security, in consultation with the Adminis-
trator,’’. 
(b) CONFORMING AMENDMENT.—Such section is fur-
ther amended by striking ‘‘Director’’ each place it appears 
and inserting ‘‘Secretary of Homeland Security’’. 
(c) TECHNICAL AMENDMENT.—The heading of sub-
section (b)(8) of such section is amended by striking ‘‘DI-
RECTOR’’ and inserting ‘‘SECRETARY’’. 
SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL 
SERVICE ORGANIZATIONS. 
(a) AUTHORITY TO AWARD GRANTS TO VOLUNTEER 
EMERGENCY
MEDICAL
SERVICE
SQUADS.—Paragraph 
(1)(A) of section 33(b) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(b)) is amended by in-
serting ‘‘or to volunteer emergency medical service organi-
zations’’ after ‘‘fire departments’’. 
(b) USE OF GRANT FUNDS.—Paragraph (3)(F) of such 
section is amended by inserting ‘‘or volunteer emergency 
medical service organizations that are not affiliated with 
a for-profit entity’’ after ‘‘fire departments’’. 
(c) SPECIAL RULE FOR APPLICATIONS FOR VOLUN-
TEER EMERGENCY MEDICAL SERVICES.—Paragraph (5) of 
such section is amended by adding at the end, the following 
new subparagraph:
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‘‘(C) SPECIAL RULE FOR VOLUNTEER EMER-
GENCY
MEDICAL
SERVICES.—The Secretary of 
Homeland Security shall permit an applicant 
seeking grant funds for volunteer emergency med-
ical services under paragraph (3)(F) to use the 
same application form to seek grant funds for 
one or more of the other purposes set out in sub-
paragraphs (A) through (O) of paragraph (3).’’. 
SEC. 
3504. 
GRANTS 
FOR 
AUTOMATED 
EXTERNAL 
DEFIBRILLATOR DEVICES. 
Paragraph (3) of section 33(b) of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(O) 
To 
obtain 
automated 
external 
defibrillator devices.’’. 
SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICA-
TIONS. 
Paragraph (2) of section 33(b) of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 2229(b)) is 
amended to read as follows: 
‘‘(2) CRITERIA AND REVIEW OF APPLICATIONS.— 
‘‘(A) PRELIMINARY REVIEW CRITERIA.— 
‘‘(i) IN
GENERAL.—The Secretary of 
Homeland Security shall establish specific
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criteria for the preliminary review of an 
application submitted under this section. If 
an application does not meet such criteria, 
the application may not receive further con-
sideration for a grant under this section. 
‘‘(ii) ANNUAL REVIEW OF CRITERIA.— 
Not less often than once each year, the Sec-
retary of Homeland Security, in consulta-
tion with the Administrator, shall convene a 
meeting of individuals who are members of 
a fire service and are recognized for exper-
tise in firefighting or in emergency medical 
services provided by fire services, and who 
are not employees of the Federal Govern-
ment for the purpose of reviewing and pro-
posing changes to the criteria established 
under clause (i). 
‘‘(B) SELECTION THROUGH REVIEW BY EX-
PERTS.— 
‘‘(i) REQUIREMENT FOR REVIEW.—The 
Secretary of Homeland Security shall 
award grants under this section based on 
the review of applications for such grants 
by a panel of fire service personnel ap-
pointed by a national organization recog-
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nized for expertise in the operation and ad-
ministration of fire services. 
‘‘(ii) ROLE OF THE SECRETARY.—The 
Secretary of Homeland Security shall pro-
vide for the administration of the review 
panel described in clause (i) and shall en-
sure that an individual appointed to such 
panel is a recognized expert in firefighting, 
medical services provided by fire services, 
fire prevention, or research on firefighter 
safety.’’. 
SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER 
SAFETY PROGRAMS. 
(a) AUTHORITY.—Paragraph (1)(B) of section 33(b) of 
the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229(b)) is amended by inserting ‘‘and firefighter 
safety’’ after ‘‘prevention’’. 
(b) EXPANSION OF EXISTING PROGRAM.— 
(1) FIREFIGHTER
SAFETY
ASSISTANCE.—Para-
graph (4) of such section is amended— 
(A) in subparagraph (A)(ii), by striking 
‘‘organizations that are recognized’’ and all that 
follows and inserting ‘‘organizations eligible 
under subparagraph (B) for the purposes de-
scribed in subparagraph (C).’’; and
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(B) by striking subparagraph (B), and in-
serting the following new subparagraphs: 
‘‘(B) ELIGIBILITY
FOR
ASSISTANCE.—An 
organization may be eligible for assistance under 
subparagraph (A)(ii), if such organization is a 
national, State, local, or community organiza-
tion that is not a fire service and that is recog-
nized for experience and expertise with respect to 
programs and activities that promote— 
‘‘(i) fire prevention or fire safety; or 
‘‘(ii) the health and safety of fire-
fighting personnel. 
‘‘(C) USE OF FUNDS.—Assistance provided 
under subparagraph (A)(ii) shall be used— 
‘‘(i) to carry out fire prevention pro-
grams; or 
‘‘(ii) to fund research to improve the 
health and safety of firefighting personnel. 
‘‘(D) PRIORITY.—In selecting organizations 
described in subparagraph (B) to receive assist-
ance under this paragraph, the Secretary of 
Homeland Security shall give priority— 
‘‘(i) to organizations that focus on pre-
venting injuries from fire to members of
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groups at high risk of such injuries, with an 
emphasis on children; and 
‘‘(ii) to organizations that focus on re-
searching methods to improve the health 
and safety of firefighting personnel. 
‘‘(E) ALLOCATION
OF
FUNDS.—Not less 
than 66 percent of the total amount of funds 
made available in a fiscal year to carry out this 
paragraph shall be made available of the pro-
grams described in subparagraph (A)(ii).’’. 
(2) CONFORMING AMENDMENT.—The heading of 
such paragraph is amended to read as follows: 
‘‘(4) FIRE PREVENTION AND FIREFIGHTER SAFE-
TY PROGRAMS.—’’. 
(c) AVAILABILITY OF FUNDS FOR FIRE PREVENTION 
AND FIREFIGHTER SAFETY PROGRAMS.—Paragraph (4)(A) 
of such section, as amended by subsection (b), is further 
amended in the matter preceding clause (i), by striking ‘‘5 
percent’’ and inserting ‘‘6 percent’’. 
SEC. 3507. ASSISTANCE FOR APPLICATIONS. 
Paragraph (5) of section 33(b) of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 2229(b)), as 
amended by section 3(c), is further amended by adding at 
the end the following new subparagraph:
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‘‘(D) ASSISTANCE TO PREPARE AN APPLICA-
TION.—The Secretary of Homeland Security 
shall provide assistance with the preparation of 
applications for grants under this section.’’. 
SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING 
FUNDS. 
(a) AMOUNT REQUIRED.—Paragraph (6) of section 
33(b) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229(b)) is amended by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the Secretary of Homeland 
Security may provide assistance under this sub-
section only if the applicant for such assistance 
agrees to match 20 percent of such assistance for 
any fiscal year with an equal amount of non- 
Federal funds. 
‘‘(B) REQUIREMENT FOR SMALL COMMUNITY 
ORGANIZATIONS.—In the case of an applicant 
whose personnel— 
‘‘(i) serve jurisdictions of 50,000 or 
fewer residents, the percent applied under 
the matching requirement of subparagraph 
(A) shall be 10 percent; or
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‘‘(ii) serve jurisdictions of 20,000 or 
fewer residents, the percent applied under 
the matching requirement of subparagraph 
(A) shall be 5 percent.’’. 
(b) EXCEPTION.—Such paragraph, as amended by 
subsection (a), is further amended by adding at the end the 
following new subparagraph: 
‘‘(C) EXCEPTION.—No matching funds may 
be required under this subsection for assistance 
provided under subparagraph (A)(ii) of para-
graph (4) to an organization described in sub-
paragraph (B) of such paragraph.’’. 
(c) SPECIAL RULE FOR REQUESTS FOR AUTOMATED 
EXTERNAL DEFIBRILLATOR DEVICES.—Section 33(b) of 
such Act is further amended by adding at the end the fol-
lowing new paragraph: 
‘‘(13) SPECIAL RULES FOR GRANTS FOR AUTO-
MATED EXTERNAL DEFIBRILLATOR DEVICES.— 
‘‘(A) 
LIMITATIONS.—The 
Secretary 
of 
Homeland Security shall reduce the percentage 
of non-Federal matching funds for a grant as de-
scribed in subparagraph (B) if— 
‘‘(i) the applicant is requesting grant 
funds to obtain one or more automated ex-
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ternal defibrillator devices, as authorized by 
paragraph (3)(O); 
‘‘(ii) the award of such grant will re-
sult in the applicant possessing exactly one 
such device for each first-due emergency ve-
hicle operated by the applicant; 
‘‘(iii) the applicant certifies to the Sec-
retary of Homeland Security that the appli-
cant possesses, at the time such application 
is filed, a number of such devices that is less 
than the number of first-due emergency ve-
hicles operated by the applicant and that 
the applicant is capable of storing, in a 
manner conducive to rapid use, such devices 
on each such vehicle; and 
‘‘(iv) the applicant has not previously 
received a grant under this subsection to ob-
tain such devices. 
‘‘(B) MATCHING
REQUIREMENTS.—If an 
applicant meets the criteria set out in clauses 
(i), (ii), (iii), and (iv) of subparagraph (A), the 
Secretary of Homeland Security shall reduce the 
percentage of non-Federal matching funds re-
quired by paragraph (6) by 2 percentage points
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for all assistance requested in the application 
submitted by such applicant. 
‘‘(C) FIRST-DUE DEFINED.—In this para-
graph, the term ‘first-due’ means the firefighting 
and emergency medical services vehicles that are 
utilized by a fire service for immediate response 
to an emergency situation.’’. 
SEC. 3509. GRANT RECIPIENT LIMITATIONS. 
(a) LIMITATIONS
ON GRANT AMOUNTS.—Subpara-
graph (A) of section 33(b)(10) of the Federal Fire Preven-
tion and Control Act of 1974 (15 U.S.C. 2229(b)(10)) is 
amended to read as follows: 
‘‘(A) LIMITATIONS ON GRANT AMOUNT.— 
‘‘(i) GENERAL LIMITATION.—Subject to 
clause (ii), a recipient of assistance under 
this section may not receive in a fiscal year 
an amount of such assistance that exceeds 
the greater of $2,250,000 or the amount 
equal to 0.5 percent of the total amount of 
funds appropriated for such assistance for 
such fiscal year. 
‘‘(ii) LIMITATIONS ON BASIS OF POPU-
LATION.—Subject to clause (iii), a recipient 
of assistance under this section that serves 
a jurisdiction of less than 1,000,000 indi-
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viduals 
may 
not 
receive 
more 
than 
$1,500,000 of such assistance for a fiscal 
year, except that such a recipient that 
serves a jurisdiction of less than 500,000 in-
dividuals may not receive more than 
$1,000,000 of such assistance during a fis-
cal year. 
‘‘(iii) WAIVER.—With respect to assist-
ance provided in a fiscal year before fiscal 
year 2007, the Secretary of Homeland Secu-
rity, in consultation with the Adminis-
trator, may waive the limitations set out in 
clause (ii) if the Secretary determines that 
a waiver is warranted by an extraordinary 
need for assistance for fire suppression ac-
tivities by a jurisdiction, whether such need 
is caused by the likelihood of terrorist at-
tack, natural disaster, destructive fires oc-
curring over a large geographic area, or 
some other cause.’’. 
(b) LIMITATIONS ON GRANTS FOR VOLUNTEER EMER-
GENCY MEDICAL SERVICES.—Such section, as amended by 
subsection (a), is further amended by adding at the end the 
following new subparagraph:
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‘‘(C) LIMITATIONS ON EXPENDITURES FOR 
VOLUNTEER EMERGENCY MEDICAL SERVICES.— 
Not more than 3.5 percent of the funds appro-
priated to provide grants under this section for 
a fiscal year may be awarded to volunteer emer-
gency medical service organizations.’’. 
SEC. 3510. OTHER CONSIDERATIONS. 
Section 33(b) of the Federal Fire Prevention and Con-
trol Act of 1974 (15 U.S.C. 2229(b)), as amended by section 
8, is amended by adding at the end the following new para-
graph: 
‘‘(14) OTHER
CONSIDERATIONS.—In providing 
assistance under this section, the Secretary of Home-
land Security shall— 
‘‘(A) consider the extent to which the recipi-
ent of such assistance is able to enhance the 
daily operations of a fire service and to improve 
the protection of people and property from fire; 
and 
‘‘(B) ensure that such assistance awarded to 
a volunteer emergency medical service organiza-
tion will not be used to provide emergency med-
ical services in a geographic area if such services 
are adequately provided by a fire service in such 
area.’’.
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SEC. 3511. REPORTS TO CONGRESS. 
(a) STUDY AND REPORT ON ASSISTANCE TO FIRE-
FIGHTERS.— 
(1) STUDY.—The Secretary, in conjunction with 
the National Fire Protection Association, shall con-
duct a study— 
(A) to assess the types of activities that are 
carried out by fire services; 
(B) to determine whether the level of Fed-
eral funding made available to fire services is 
adequate; 
(C) to assess categories of services, including 
emergency medical services, that are not ade-
quately provided by fire services on either the 
national or State level; and 
(D) to measure the effect, if any, of the as-
sistance provided under section 33 of the Federal 
Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229) on the needs of fire services identi-
fied in the report submitted to Congress under 
section 1701(b) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106–398; 
114 Stat. 1654A–363). 
(2) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary shall
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submit to Congress a report on the findings of the 
study described in paragraph (1). 
(b) REPORT BY GAO.—Not later than 18 months after 
the date of the enactment of this Act, the Comptroller Gen-
eral of the United States shall submit to Congress a report 
on— 
(1) the administration of the assistance provided 
under section 33 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229); and 
(2) the success of the Secretary in administering 
the Federal Emergency Management Agency. 
(c) REPORT ON WAIVER OF AMOUNT LIMITATIONS.— 
Not later than 18 months after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report 
on the instances, if any, of the use of the waiver authority 
set out in section 33(b)(10)(A)(iii) of the Federal Fire Pre-
vention 
and 
Control 
Act 
of 
1974 
(15 
U.S.C. 
2229(b)(10)(A)(iii)), as added by section 9. 
(d) DEFINITIONS.—In this section: 
(1) FIRE SERVICE.—The term ‘‘fire service’’ has 
the meaning given that term in section 4 of the Fed-
eral Fire Prevention and Control Act of 1974 (15 
U.S.C. 2203). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security.
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SEC. 3512. TECHNICAL CORRECTIONS. 
(a) REPEAL
OF
DUPLICATIVE
DEFINITION.—Sub-
section (d) of section 33 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229) is repealed. 
(b) REDESIGNATIONS NECESSITATED BY DUPLICATIVE 
NUMBERING.—The sections 33 and 34 of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2230 and 
2231) that were added by sections 105 and 106 of Public 
Law 106–503 (114 Stat. 2301) are redesignated as sections 
34 and 35, respectively. 
SEC. 3513. AUTHORIZATION OF APPROPRIATIONS. 
(a) FIREFIGHTER ASSISTANCE PROGRAMS.—Section 
33(e) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229(e)) is amended by striking the first 
sentence and inserting ‘‘There are authorized to be appro-
priated for the purposes of this section $900,000,000 for fis-
cal year 2005, $950,000,000 for fiscal year 2006, and 
$1,000,000,000 for each of the fiscal years 2007 through 
2010.’’. 
(b) STUDY ON ASSISTANCE TO FIREFIGHTERS.—There 
are authorized to be appropriated to the Secretary of Home-