621
(1) the physical, chemical, and radiological
characteristics of the waste referred to in subsection
(b), including specifically the waste proposed to be
left indefinitely in storage tanks;
(2) the probability that such waste, if left in-
definitely in storage tanks, will leak into the environ-
ment and the range of potential dangers such leak-
age would represent;
(3) the plans of the Department for the dis-
posal of the high-level radioactive waste that the De-
partment had planned, before certain litigation in
Federal district court in 2003 on ‘‘Waste Incidental
to Reprocessing’’, to reclassify as low-level waste;
(4) treatment and disposal alternatives to the
plans referred to in paragraph (3), including, for
each such alternative, assessments of the technology
approaches and of the implications with respect to
cost, worker safety, and long-term environmental
and human health;
(5) the adequacy of the plans referred to in
subsection (a), including Department of Energy
Order No. 435.1, to protect, for the long term, the
environment and population surrounding each site
referred to in subsection (b); and
622
(6) any other matters that the National Re-
search Council considers appropriate and directly re-
lated to the subject matter of the study.
(d) RECOMMENDATIONS REQUIRED.—In carrying out
the study, the National Research Council shall develop
recommendations relating to the subject matter of the
study. The recommendations shall include—
(1) recommendations for improving the sci-
entific basis for managing the waste covered by the
study, including alternative criteria for determining
what waste should be managed as ‘‘Waste Incidental
to Reprocessing’’; and
(2) any other recommendations that the Na-
tional Research Council considers appropriate and
directly related to the subject matter of the study.
(e) REPORTS.—The National Research Council shall
submit to the Secretary of Energy and the congressional
defense committees—
(1) not later than six months after entering
into the arrangement required by subsection (a), an
interim report on the study with respect to the waste
proposed to be left indefinitely in storage tanks, in-
cluding the tentative findings, conclusions, and rec-
ommendations with respect to such waste; and
623
(2) not later than one year after entering into
the arrangement required by subsection (a), a final
report on the study, including all findings, conclu-
sions, and recommendations.
(f) PROVISION
OF INFORMATION.—The Secretary
shall make available to the National Research Council all
information that the National Research Council considers
necessary to carry out, in a timely manner, its responsibil-
ities under this section.
(g) FUNDING.—Of the amounts authorized to be ap-
propriated to the Department of Energy by section 3102,
$1,500,000 shall be available only for carrying out the
study required by this section.
SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT
PLANT, NEW MEXICO.
The Secretary of Energy shall enter into a contract
to conduct independent reviews and evaluations of the de-
sign, construction, and operations of the Waste Isolation
Pilot Plant in New Mexico as they relate to the protection
of the public health and safety and the environment. The
contract shall be for a period of one year and shall be
renewable for four additional one-year periods, subject to
the authorization and appropriation of funds for such pur-
pose.
624
SEC. 3134. ADDITIONAL AMOUNT FOR DEFENSE SITE AC-
CELERATION COMPLETION.
(a) ADDITIONAL AMOUNT.—The amount in section
3102 is hereby increased by $50,000,000, to be available
under section 3102(1) for defense site acceleration com-
pletion.
(b) OFFSET.—The amount in section 301(4), oper-
ation and maintenance, Air Force, is hereby reduced by
$50,000,000, to be derived from the transportation capital
fund.
SECTION 3135. IMPROVEMENTS TO ENERGY EMPLOYEES
OCCUPATIONAL 
ILLNESS 
COMPENSATION
PROGRAM.
(a) STATE AGREEMENTS.—Section 3661 of the En-
ergy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (42 U.S.C. 7385o) is amended—
(1) in subsection (b) by striking ‘‘Pursuant to
agreements under subsection (a), the’’ and inserting
‘‘The’’;
(2) in subsection (c) by striking ‘‘provided in an
agreement under subsection (a), and if’’; and
(3) in subsection (e) by striking ‘‘If provided in
an agreement under subsection (a)’’ and inserting
‘‘If a panel reports a determination under subsection
(d)(5)’’.
625
(b) SELECTION OF PANEL MEMBERS.—Section 3661
of that Act (42 U.S.C. 7385o) is further amended in sub-
section (d) by amending paragraph (2) to read as follows:
‘‘(2) The Secretary of Health and Human Serv-
ices shall select individuals to serve as panel mem-
bers based on experience and competency in diag-
nosing occupational illnesses. For each individual so
selected, the Secretary shall appoint that individual
as a panel member or obtain by contract the services
of that individual as a panel member.’’.
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 Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE
STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2005, the National Defense Stockpile Manager
may obligate up to $59,700,000 of the funds in the Na-
626
tional Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h) for the
authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials
that are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess
of the amount specified in subsection (a) if the National
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the
date on which Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON
DISPOSAL OF MANGANESE FERRO IN NA-
TIONAL DEFENSE STOCKPILE.
Section 3306(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115
Stat. 1391; 50 U.S.C. 98d note) is amended—
628
of Energy $20,000,000 for fiscal year 2005 for the pur-
pose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MAR-
ITIME ADMINISTRATION.
There are authorized to be appropriated to the Sec-
retary of Transportation for the Maritime Administration
for fiscal year 2005 (in lieu of amounts authorized for the
same purposes by section 3511 of the National Defense
Authorization Act for Fiscal Year 2004)—
(1) for expenses necessary for operations and
training activities, $109,300,000;
(2) for administrative expenses under the loan
guarantee program authorized by title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1271
et seq.), $4,764,000; and
(3) for ship disposal, $35,000,000, of which
$2,000,000 shall be for decommissioning, removal,
629
and disposal of the nuclear reactor and hazardous
materials on board the vessel SAVANNAH.
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR
RISK INSURANCE FOR MERCHANT MARINE
VESSELS.
(a) EXTENSION.—Section 1214 of the Merchant Ma-
rine Act, 1936 (46 U.S.C. App. 1294), is amended by
striking ‘‘June 30, 2005’’ and inserting ‘‘December 31,
2010’’.
(b) INVESTMENT OF ASSETS IN INSURANCE FUND.—
Section 1208(a) of such Act (46 U.S.C. App. 1288), is
amended by striking the third sentence and inserting the
following: ‘‘The Secretary of Transportation may request
the Secretary of the Treasury to invest such portion of
the Fund as is not, in the judgment of the Secretary of
Transportation, required to meet the current needs of the
fund. Such investments shall be made by the Secretary
of the Treasury in public debt securities of the United
States, with maturities suitable to the needs of the fund,
and bearing interest rates determined by the Secretary of
the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturity.’’.
630
TITLE XXXVI—SMALL BUSINESS
ADMINISTRATION
SEC. 3601. ADDITION OF LANDSCAPING AND PEST CON-
TROL SERVICES TO LIST OF DESIGNATED IN-
DUSTRY GROUPS PARTICIPATING IN THE
SMALL BUSINESS COMPETITIVENESS DEM-
ONSTRATION PROGRAM.
(a) IN GENERAL.—Subsection (a) of section 717 of
the Small Business Competitiveness Demonstration Pro-
gram Act of 1988 (15 U.S.C. 644 note) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end;
(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(5) landscaping and pest control services.’’.
(b) LANDSCAPING AND PEST CONTROL SERVICES.—
Section 717 of the Small Business Competitiveness Dem-
onstration Program Act of 1988 (15 U.S.C. 644 note) is
amended—
(1) by redesignating subsection (e) as sub-
section (f), and
(2) by inserting after subsection (d) the fol-
lowing new subsection:
631
‘‘(e) LANDSCAPING
AND
PEST
CONTROL
SERV-
ICES.—Landscaping and pest control services shall include
contract awards assigned to North American Industrial
Classification Code 561710 (relating to exterminating and
pest control services) or 561730 (relating to landscaping
services).’’.
Passed the House of Representatives May 20, 2004.
Attest:
Clerk.
108TH CONGRESS
2D SESSION
H. R. 4200
AN ACT
To authorize appropriations for fiscal year 2005 for
military activities of the Department of Defense,
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.