553 
the waste streams specified in subsection (b) that are not 
currently planned for disposal in a high-level repository. 
(b) COVERED WASTE STREAMS.—The waste streams 
referred to in subsection (a) are the streams of high-level 
radioactive waste at— 
(1) the Savannah River Site, South Carolina; 
(2) the Idaho National Engineering Laboratory, 
Idaho; and 
(3) the Hanford Reservation, Washington. 
(c) MATTERS INCLUDED.—The study required by sub-
section (a) shall evaluate— 
(1) the physical, chemical, and radiological char-
acteristics of the waste referred to in subsection (b), 
including specifically the waste proposed to be left in-
definitely in storage tanks; 
(2) the probability that such waste, if left indefi-
nitely in storage tanks, will leak into the environment 
and the range of potential dangers such leakage would 
represent; 
(3) the plans of the Department for the disposal 
of the high-level radioactive waste that the Depart-
ment had planned, before certain litigation in Federal 
district court in 2003 on ‘‘Waste Incidental to Re-
processing’’, to reclassify as low-level waste;
554 
(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 sub-
section (a), including Department of Energy Order 
No. 435.1, to protect, for the long term, the environ-
ment and population surrounding each site referred 
to in subsection (b); and 
(6) any other matters that the National Research 
Council considers appropriate and directly related to 
the subject matter of the study. 
(d) RECOMMENDATIONS REQUIRED.—In carrying out 
the study, the National Research Council shall develop rec-
ommendations relating to the subject matter of the study. 
The recommendations shall include— 
(1) recommendations for improving the scientific 
basis for managing the waste covered by the study, 
including alternative criteria for determining what 
waste should be managed as ‘‘Waste Incidental to Re-
processing’’; and
555 
(2) any other recommendations that the National 
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 in-
terim 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 
(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 infor-
mation that the National Research Council considers nec-
essary to carry out, in a timely manner, its responsibilities 
under this section. 
(g) FUNDING.—Of the amounts authorized to be appro-
priated to the Department of Energy by section 3102, 
$1,500,000 shall be available only for carrying out the study 
required by this section.
556 
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 renew-
able for four additional one-year periods, subject to the au-
thorization and appropriation of funds for such purpose. 
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.). 
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 National De-
fense Stockpile Transaction Fund established under sub-
557 
section (a) of section 9 of the Strategic and Critical Mate-
rials 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 envi-
ronmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense 
Stockpile Manager may obligate amounts in excess of the 
amount specified in subsection (a) if the National Defense 
Stockpile Manager notifies Congress that extraordinary or 
emergency conditions necessitate the additional obligations. 
The National Defense Stockpile Manager may make the ad-
ditional obligations described in the notification 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 Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1391; 50 U.S.C. 98d note) is amended—
558 
(1) in paragraph (3), by striking ‘‘each of the 
fiscal years 2004 and 2005’’ and inserting ‘‘fiscal 
year 2004’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) During fiscal year 2005, 100,000 short tons 
of high carbon manganese ferro of the highest grade. 
SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE 
OF CERTAIN MATERIALS IN NATIONAL DE-
FENSE STOCKPILE. 
Section 3303(a) of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (Public Law 
105–261; 50 U.S.C. 98d note) is amended by striking para-
graphs (4) and (5) and inserting the following new para-
graphs: 
‘‘(4) $785,000,000 by the end of fiscal year 2005; 
and 
‘‘(5) $870,000,000 by the end of fiscal year 
2009.’’. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
hereby authorized to be appropriated to the Secretary of 
Energy $20,000,000 for fiscal year 2005 for the purpose of
559 
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 Au-
thorization 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 Mer-
chant 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, 
and disposal of the nuclear reactor and hazardous 
materials on board the vessel SAVANNAH.
560 
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 strik-
ing ‘‘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 Trans-
portation, 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 out-
standing marketable obligations of the United States of 
comparable maturity.’’. 
Amend the title so as to read: ‘‘A bill to authorize 
appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, 
and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes.’’.
Union Calendar No. 278 
108TH CONGRESS 
2D SESSION 
H. R. 4200 
[Report No. 108–491] 
A BILL 
To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, 
to prescribe military personnel strengths for fis-
cal year 2005, and for other purposes. 
MAY 14, 2004 
Reported with amendmensts, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed