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preservation of the quality of life of members of 
the Armed Forces; and 
(B) an assessment by the Comptroller Gen-
eral of any current or on-going studies or assess-
ments of the Department with respect to any of 
the schools. 
(2) With respect to commissary stores— 
(A) an assessment by the Comptroller Gen-
eral of the policy of the Department of Defense, 
and the criteria utilized by the Department, re-
garding the closure of commissary stores, includ-
ing whether or not such policy and criteria are 
consistent with Department policies and proce-
dures on the preservation of the quality of life of 
members of the Armed Forces; and 
(B) an assessment by the Comptroller Gen-
eral of any current or on-going studies or assess-
ments of the Department with respect to any of 
the commissary stores. 
(b) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services of the Sen-
ate; and
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(2) the Committee on Armed Services of the 
House of Representatives. 
TITLE XXIX—MARITIME 
ADMINISTRATION 
SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLI-
CATIONS FOR NATIONAL DEFENSE TANK VES-
SEL CONSTRUCTION ASSISTANCE. 
Section 3542(d) of the Maritime Security Act of 2003 
(title XXXV of Public Law 108–136; 117 Stat. 1821; 46 
U.S.C. 53101 note) is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) shall give priority consideration to a pro-
posal submitted by an applicant who has been accept-
ed for participation in the Shipboard Technology 
Evaluation Program as outlined in Navigation and 
Vessel Inspection Circular 01–04, issued by the Com-
mandant of the United States Coast Guard on Janu-
ary 2, 2004; and’’.
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DIVISION 
C—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE 
XXXI—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security 
Programs Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(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 Administration in carrying out programs 
necessary for national security in the amount of 
$9,165,145,000, to be allocated as follows: 
(1) For weapons activities, $6,674,898,000. 
(2) For defense nuclear nonproliferation activi-
ties, $1,348,647,000. 
(3) For naval reactors, $797,900,000. 
(4) For the Office of the Administrator for Nu-
clear Security, $343,700,000. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available
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for carrying out plant projects, the Secretary of Energy 
may carry out new plant projects for weapons activities, 
as follows: 
(1) For readiness in technical base and facilities: 
Project 05–D–140, Readiness in Technical 
Base and Facilities Program (RTBF), project 
engineering and design (PED), various loca-
tions, $11,600,000. 
Project 05–D–401, Building 12–64 produc-
tion bays upgrade, Pantex Plant, Amarillo, 
Texas, $25,000,000. 
Project 05–D–402, Beryllium Capability 
(BeC) Project, Y–12 National Security Complex, 
Oak Ridge, Tennessee, $3,627,000. 
(2) For facilities and infrastructure recapitaliza-
tion: 
Project 05–D–160, Facilities and Infra-
structure Recapitalization Program (FIRP), 
project engineering and design (PED), various 
locations, $8,700,000. 
Project 05–D–601, compressed air upgrades, 
Y–12 National Security Complex, Oak Ridge, 
Tennessee, $4,400,000.
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Project 05–D–602, power grid infrastruc-
ture upgrade (PGIU), Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $10,000,000. 
Project 05–D–603, new master substation, 
technical areas I and IV, Sandia National Lab-
oratories, Albuquerque, New Mexico, $600,000. 
(3) For safeguards and security: 
Project 05–D–170, safeguards and security, 
project engineering and design (PED), various 
locations, $17,000,000. 
Project 05–D–701, security perimeter, Los 
Alamos National Laboratory, Los Alamos, New 
Mexico, $20,000,000. 
(4) For naval reactors: 
Project 05–N–900, materials development 
facility 
building, 
Schenectady, 
New 
York, 
$6,200,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2005 for environmental management 
activities in carrying out programs necessary for national 
security in the amount of $6,954,402,000, to be allocated 
as follows:
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(1) For defense site acceleration completion, 
$5,971,932,000. 
(2) 
For 
defense 
environmental 
services, 
$982,470,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECT.—From 
funds referred to in subsection (a)(2) that are available for 
carrying out plant projects, the Secretary of Energy may 
carry out, for environmental management activities, the fol-
lowing new plant project: 
Project 05–D–405, salt waste processing facility, 
Savannah River 
Site, 
Aiken, 
South 
Carolina, 
$52,000,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for other defense 
activities in carrying out programs necessary for national 
security in the amount of $568,096,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for defense nu-
clear 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 
$108,000,000.
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Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MODERN PIT FACILITY. 
(a) LIMITATION.—Of the amount authorized to be ap-
propriated by section 3101(a)(1) for the National Nuclear 
Security Administration for weapons activities and avail-
able for the Modern Pit Facility, not more than 50 percent 
of such amount may be obligated or expended until 30 days 
after the latter of the following: 
(1) The date of the submittal of the revised nu-
clear weapons stockpile plan specified in the joint ex-
planatory statement to accompany the report of the 
Committee on Conference on the bill H.R. 2754 of the 
108th Congress. 
(2) The date on which the Administrator for Nu-
clear Security submits 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 validated pit production requirements in the report 
under subsection (a)(2) shall be established by the Adminis-
trator in conjunction with the Chairman of the Nuclear 
Weapons Council.
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(2) The validated pit production requirements shall— 
(A) include specifications regarding the number 
of pits that will be required to be produced in order 
to support the weapons that will be retained in the 
nuclear weapons stockpile, set forth by weapon type 
and by year; and 
(B) take into account any surge capacity that 
may be included in the annual pit production capa-
bility. 
(c) FORM OF REPORT.—The report described in sub-
section (a)(2) shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR 
ADVANCED NUCLEAR WEAPONS CONCEPTS 
INITIATIVE. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this title may be obligated or expended for 
purposes of additional or exploratory studies under the Ad-
vanced Nuclear Weapons Concepts Initiative until 30 days 
after the date on which the Administrator for Nuclear Secu-
rity submits to the congressional defense committees a de-
tailed report on the activities for such studies under the Ini-
tiative that are planned for fiscal year 2005.
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(b) FORM OF REPORT.—The report under subsection 
(a) shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW 
PROJECTS UNDER FACILITIES AND INFRA-
STRUCTURE 
RECAPITALIZATION 
PROGRAM 
AFTER PROJECT SELECTION DEADLINE. 
(a) LIMITED
AUTHORITY
TO
CARRY
OUT
NEW 
PROJECTS.—Section 3114(a) of the National Defense Au-
thorization 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 ‘‘DEAD-
LINE 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 para-
graph: 
‘‘(3)(A) Subject to the provisions of this paragraph, a 
project described in subparagraph (B) may be carried out 
under the Facilities and Infrastructure Recapitalization 
Program after December 31, 2004, if the Administrator ap-
proves the project. The Administrator may not delegate the 
authority to approve projects under the preceding sentence.
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‘‘(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 improve-
ments). 
‘‘(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 de-
fense committees a notice on the project, including a de-
scription of the project and the nature of the project, a state-
ment explaining why the project was not included in the 
Facilities and Infrastructure Recapitalization 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 Recapi-
talization Program under paragraph (1); or
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‘‘(ii) the date of the submittal to the congres-
sional defense committees of the report required by 
subsection (c). 
‘‘(F) A project may not be carried out under this para-
graph 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 Pro-
gram under subsection (a) of section 3114 of the Na-
tional Defense Authorization Act for Fiscal Year 
2004. 
(2) The submittal of the report required by sub-
section (c) of such section. 
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT RE-
QUIREMENTS FOR NATIONAL IGNITION FA-
CILITY. 
(a) NOTIFICATION ON MILESTONES TO ACHIEVE IGNI-
TION.—Subsection (a) of section 3137 of the National De-
fense Authorization Act for Fiscal Year 2002 (Public Law 
107–107; 115 Stat. 1369) is amended by striking ‘‘each 
Level I milestone and Level II milestone for the National
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Ignition Facility.’’ and inserting the following: ‘‘each mile-
stone 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 MILESTONES.—Subsection (b) of such section is amend-
ed by striking ‘‘a Level I milestone or Level II milestone 
for the National Ignition Facility’’ and inserting ‘‘a mile-
stone for the National Ignition Facility referred to in sub-
section (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 and Level II milestones for the 
National Ignition Facility are as established in the 
August 2000 revised National Ignition Facility base-
line document. 
‘‘(2) The milestones of the National Ignition Fa-
cility to achieve ignition are such milestones (other 
than the milestones referred to in paragraph (1)) as 
the Administrator shall establish on any activities at 
the National Ignition Facility that are required to 
enable the National Ignition Facility to achieve igni-
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tion and be a fully functioning user facility by De-
cember 31, 2011.’’. 
(d) SUBMITTAL TO CONGRESS OF MILESTONES TO 
ACHIEVE IGNITION.—Not later than January 31, 2005, the 
Administrator for Nuclear Security shall submit to the con-
gressional defense committees a report setting forth the mile-
stones 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 NU-
CLEAR WEAPONS STOCKPILE. 
Section 4203(c) of the Atomic Energy Defense Act (50 
U.S.C. 2523(c)) is amended is amended by striking ‘‘March
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15 of each year thereafter’’ and inserting ‘‘May 1 of each 
year thereafter’’. 
SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, with respect to material stored at a Department 
of Energy site at which activities are regulated by the State 
pursuant to approved closure plans or permits issued by 
the State, high-level radioactive waste does not include ra-
dioactive material resulting from the reprocessing of spent 
nuclear fuel that the Secretary of Energy determines— 
(1) does not require permanent isolation in a 
deep geologic repository for spent fuel or highly radio-
active waste pursuant to criteria promulgated by the 
Department of Energy by rule approved by the Nu-
clear Regulatory Commission; 
(2) has had highly radioactive radionuclides re-
moved to the maximum extent practical in accordance 
with the Nuclear Regulatory Commission-approved 
criteria; and 
(3) in the case of material derived from the stor-
age tanks, is disposed of in a facility (including a 
tank) within the State pursuant to a State-approved 
closure plan or a State-issued permit, authority for 
the approval or issuance of which is conferred on the 
State outside of this Act.
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(b) INAPPLICABILITY TO CERTAIN MATERIALS.—Sub-
section (a) shall not apply to any material otherwise cov-
ered by that subsection that is transported from the State. 
(c) SCOPE OF AUTHORITY TO CARRY OUT ACTIONS.— 
The Department of Energy may implement any action au-
thorized— 
(1) by a State-approved closure plan or State- 
issued permit in existence on the date of enactment of 
this section; or 
(2) by a closure plan approved by the State or 
a permit issued by the State during the pendency of 
the rulemaking provided for in subsection (a). 
Any such action may be completed pursuant to the terms 
of the closure plan or the State-issued permit notwith-
standing the final criteria adopted by the rulemaking pur-
suant to subsection (a). 
(d) STATE
DEFINED.—In this section, the term 
‘‘State’’ means the State of South Carolina. 
(e) CONSTRUCTION.—(1) Nothing in this section shall 
affect, alter, or modify the full implementation of— 
(A) the settlement agreement entered into by the 
United States with the State of Idaho in the actions 
captioned Public Service Co. of Colorado v. Batt, 
Civil No. 91–0035–S–EJL, and United States v. 
Batt, Civil No. 91–0054–S–EJL, in the United States
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District Court for the District of Idaho, and the con-
sent order of the United States District Court for the 
District of Idaho, dated October 17, 1995, that effec-
tuates the settlement agreement; 
(B) the Idaho National Engineering Laboratory 
Federal Facility Agreement and Consent Order; or 
(C) the Hanford Federal Facility Agreement and 
Consent Order. 
(2) Nothing in this section establishes any precedent 
or is binding on the State of Idaho, the State of Washington, 
the State of Oregon, or any other State for the management, 
storage, treatment, and disposition of radioactive and haz-
ardous materials. 
SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY. 
(a) REVIEW BY NATIONAL RESEARCH COUNCIL.—Not 
later than 30 days after the date of the enactment of this 
Act, the Secretary of Energy shall enter into a contract with 
the National Research Council of the National Academies 
to conduct a study of the necessary technologies and re-
search gaps in the Department of Energy’s program to re-
move high-level radioactive waste from the storage tanks at 
the Department’s sites in South Carolina, Washington and 
Idaho. 
(b) MATTERS TO BE ADDRESSED IN STUDY.—The 
study shall address the following:
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(1) the quantities and characteristics of waste in 
each high-level waste storage tank described in para-
graph (a), including data uncertainties; 
(2) the technologies by which high-level radio-
active waste is currently being removed from the 
tanks for final disposal under the Nuclear Waste Pol-
icy Act; 
(3) technologies currently available but not in 
use in removing high-level radioactive waste from the 
tanks; 
(4) any technology gaps that exist to effect the 
removal of high-level radioactive waste from the 
tanks; 
(5) other matters that in the judgement of the 
National Research Council directly relate to the focus 
of this study. 
(c) TIME LIMITATION.—The National Research Coun-
cil shall conduct the review over a one year period begin-
ning upon execution of the contract described in subsection 
(a). 
(d) REPORTS.—(1) The National Research Council 
shall submit its findings, conclusions and recommendations 
to the Secretary of Energy and to the relevant Committees 
of jurisdiction of the United States Senate and House of 
Representatives.
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(2) The final report shall be submitted in unclas-
sified form with classified annexes as necessary. 
(e) PROVISION OF INFORMATION.—The Secretary of 
Energy shall make available to the National Research 
Council all of the information necessary to complete its re-
port in a timely manner. 
(f) EXPEDITED PROCESSING
OF SECURITY CLEAR-
ANCES.—For purposes of facilitating the commencement of 
the study under this section, the Secretary of Energy shall 
expedite to the fullest degree possible the processing of secu-
rity clearances that are necessary for the National Research 
Council to conduct the study. 
(g) FUNDING.—Of the amount authorized to be appro-
priated in section 3102(a)(1) for environmental manage-
ment for defense site acceleration completion, $750,000 shall 
be available for the study authorized under this section. 
SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFE-
GUARDS AND SECURITY. 
(a) ANNUAL REPORT REQUIRED.—Subtitle C of title 
XLVII of the Atomic Energy Defense Act (50 U.S.C. 2771 
et seq.) is amended by adding at the end the following new 
section:
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‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFE-
GUARDS AND SECURITY. 
‘‘The Secretary of Energy shall submit to Congress 
each year, in the budget justification materials submitted 
to Congress in support of the budget of the President for 
the fiscal year beginning in such year (as submitted under 
section 1105(a) of title 31, United States Code), the fol-
lowing: 
‘‘(1) A detailed description and accounting of the 
proposed obligations and expenditures by the Depart-
ment of Energy for safeguards and security in car-
rying out programs necessary for the national secu-
rity for the fiscal year covered by such budget, includ-
ing any technologies on safeguards and security pro-
posed to be deployed or implemented during such fis-
cal year. 
‘‘(2) With respect to the fiscal year ending in the 
year before the year in which such budget is sub-
mitted, a detailed description and accounting of— 
‘‘(A) the policy on safeguards and security, 
including any modifications in such policy 
adopted or implemented during such fiscal year; 
‘‘(B) any initiatives on safeguards and se-
curity in effect or implemented during such fis-
cal year;
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‘‘(C) the amount obligated and expended for 
safeguards and security during such fiscal year, 
set forth by total amount, by amount per pro-
gram, and by amount per facility; and 
‘‘(D) the technologies on safeguards and se-
curity deployed or implemented during such fis-
cal year.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
that Act is amended by inserting after the item relating 
to section 4731 the following new item: 
‘‘Sec. 4732. Annual report on expenditures for safeguards and security.’’. 
SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTEL-
LIGENCE OFFICES OF DEPARTMENT OF EN-
ERGY AND NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
WITHIN 
NATIONAL 
NU-
CLEAR SECURITY ADMINISTRATION. 
(a) AUTHORITY.—The Secretary of Energy may con-
solidate the counterintelligence programs and functions re-
ferred to in subsection (b) within the Office of Defense Nu-
clear Counterintelligence of the National Nuclear Security 
Administration and provide for their discharge by that Of-
fice. 
(b) COVERED PROGRAMS AND FUNCTIONS.—The pro-
grams and functions referred to in this subsection are as 
follows:
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(1) The functions and programs of the Office of 
Counterintelligence of the Department of Energy 
under section 215 of the Department of Energy Orga-
nization Act (42 U.S.C. 7144b). 
(2) The functions and programs of the Office of 
Defense Nuclear Counterintelligence of the National 
Nuclear Security Administration under section 3232 
of the National Nuclear Security Administration Act 
(50 U.S.C. 2422), including the counterintelligence 
programs under section 3233 of that Act (50 U.S.C. 
2423). 
(c) ESTABLISHMENT OF POLICY.—The Secretary shall 
have the responsibility to establish policy for the discharge 
of the counterintelligence programs and functions consoli-
dated within the National Nuclear Security Administration 
under subsection (a) as provided for under section 213 of 
the Department of Energy Organization Act (42 U.S.C. 
7144). 
(d) PRESERVATION OF COUNTERINTELLIGENCE CAPA-
BILITY.—In consolidating counterintelligence programs and 
functions within the National Nuclear Security Adminis-
tration under subsection (a), the Secretary shall ensure that 
the counterintelligence capabilities of the Department of 
Energy and the National Nuclear Security Administration 
are in no way degraded or compromised.
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(e) REPORT ON EXERCISE OF AUTHORITY.—In the 
event the Secretary exercises the authority in subsection (a), 
the Secretary shall submit to the congressional defense com-
mittees a report on the exercise of the authority. The report 
shall include— 
(1) a description of the manner in which the 
counterintelligence programs and functions referred to 
in subsection (b) shall be consolidated within the Of-
fice of Defense Nuclear Counterintelligence of the Na-
tional Nuclear Security Administration and dis-
charged by that Office; 
(2) a notice of the date on which that Office shall 
commence the discharge of such programs and func-
tions, as so consolidated; and 
(3) a proposal for such legislative action as the 
Secretary considers appropriate to effectuate the dis-
charge of such programs and functions, as so consoli-
dated, by that Office. 
(f) DEADLINE FOR EXERCISE OF AUTHORITY.—The 
authority in subsection (a) may be exercised, if at all, not 
later than one year after the date of the enactment of this 
Act. 
SEC. 3120. TREATMENT OF WASTE MATERIAL. 
(a) AVAILABILITY OF FUNDS FOR TREATMENT.—Of 
the amount authorized to be appropriated by section
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3102(a)(1) for environmental management for defense site 
acceleration completion, $350,000,000 shall be available for 
the following purposes at the sites referred to in subsection 
(b): 
(1) The safe management of tanks or tank farms 
used to store waste from reprocessing activities. 
(2) The on-site treatment and storage of wastes 
from reprocessing activities and related waste. 
(3) The consolidation of tank waste. 
(4) The emptying and cleaning of storage tanks. 
(5) Actions under section 3116. 
(b) SITES.—The sites referred to in this subsection are 
as follows: 
(1) The Idaho National Engineering and Envi-
ronmental Laboratory, Idaho. 
(2) The Savannah River Site, Aiken, South 
Carolina. 
(3) The Hanford Site, Richland, Washington. 
(c) EFFECTIVE DATE.—This section shall become effec-
tive 1 day after enactment. 
SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DE-
PARTMENT 
OF 
ENERGY 
ENVIRONMENTAL 
MANAGEMENT 2006 CLOSURE SITES. 
(a) ESTABLISHMENT.—(1) The Secretary of Energy 
shall establish for each Department of Energy Environ-
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mental Management 2006 closure site a local stakeholder 
organization having the responsibilities set forth in sub-
section (c). 
(2) The local stakeholder organization shall be estab-
lished in consultation with interested elected officials of 
local governments in the vicinity of the closure site con-
cerned. 
(b) COMPOSITION.—A local stakeholder organization 
for a Department of Energy Environmental Management 
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 ap-
propriate to carry out the responsibilities set forth in sub-
section (c) who agree to serve on the organization, or the 
designees of such officials. 
(c) RESPONSIBILITIES.—A local stakeholder organiza-
tion for a Department of Energy Environmental Manage-
ment 2006 closure site under subsection (a) shall— 
(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 govern-
ment of the State in which the site is located, local 
and Tribal governments in the vicinity of the site,
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and persons and entities having a stake in the closure 
or post-closure operations of the site; 
(3) transmit to appropriate officers and employ-
ees of the Department of Energy questions and con-
cerns of governments, persons, and entities referred to 
paragraph (2) on the closure and post-closure oper-
ations of the site; and 
(4) perform such other duties as the Secretary 
and the local stakeholder organization jointly deter-
mine appropriate to assist the Secretary in meeting 
post-closure obligations of the Department at the site. 
(d) DEADLINE FOR ESTABLISHMENT.—The local stake-
holder organization for a Department of Energy Environ-
mental Management 2006 closure site shall be established 
not later than six months before the closure of the site. 
(e) INAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to local stakeholder organiza-
tions under this section. 
(f) DEPARTMENT OF ENERGY ENVIRONMENTAL MAN-
AGEMENT 2006 CLOSURE SITE DEFINED.—In this section, 
the term ‘‘Department of Energy Environmental Manage-
ment 2006 closure site’’ means each clean up site of the De-
partment of Energy scheduled by the Department as of Jan-
uary 1, 2004, for closure in 2006.
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SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT 
BENEFITS FOR CERTAIN WORKERS AT 2006 
CLOSURE SITES AFTER CLOSURE OF SITES. 
(a) REPORT REQUIRED.—Not later than 60 days after 
the date of the enactment of this Act, the Assistant Secretary 
of Energy for Environmental Management shall submit to 
the Secretary of Energy a report on the maintenance of re-
tirements benefits for workers at Department of Energy 
2006 closure sites after the closure of such sites. 
(b) ELEMENTS.—The report under subsection (a) shall 
include the following: 
(1) The number of workers at Department of En-
ergy 2006 closure sites that could lose retirement ben-
efits as a result of the early closure of such a site. 
(2) The impact on collective bargaining agree-
ments with workers at Department of Energy 2006 
closure sites of the loss of their retirement benefits as 
described in paragraph (1). 
(3) The cost of providing retirement benefits, 
after the closure of Department of Energy 2006 clo-
sure sites, to workers at such sites who would other-
wise lose their benefits as described in paragraph (1) 
after the closure of such sites. 
(c) TRANSMITTAL TO CONGRESS.—Not later than 30 
days after receiving the report under subsection (a), the Sec-
retary shall transmit the report to Congress, together with
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such recommendations, including recommendations for leg-
islative action, as the Secretary considers appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Department of Energy 2006 clo-
sure site’’ means the following: 
(A) The Rocky Flats Environmental Tech-
nology Site, Colorado. 
(B) The Fernald Plant, Ohio. 
(C) The Mound Plant, Ohio. 
(2) The term ‘‘worker’’ means any employee who 
is employed by contract to perform cleanup, security, 
or administrative duties or responsibilities at a De-
partment of Energy 2006 closure site. 
(3) The term ‘‘retirement benefits’’ means health, 
pension, and any other retirement benefits. 
SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR 
SECURITY 
ADMINISTRATION 
TO 
UNDER-
STAND PLUTONIUM AGING. 
(a) STUDY.—(1) The Administrator for Nuclear Secu-
rity shall enter into a contract with a Federally Funded 
Research and Development Center (FFRDC) providing for 
a study to assess the efforts of the National Nuclear Security 
Administration to understand the aging of plutonium in 
nuclear weapons.
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(2) The Administrator shall make available to the 
FFRDC contractor under this subsection all information 
that is necessary for the contractor to successfully complete 
a meaningful study on a timely basis. 
(b) REPORT REQUIRED.—(1) Not later than two years 
after the date of the enactment of this Act, the Adminis-
trator shall submit to Congress a report on the findings of 
the study on the efforts of the Administration to understand 
the aging of plutonium in nuclear weapons. 
(2) The report shall include the recommendations of 
the study for improving the knowledge, understanding, and 
application of the fundamental and applied sciences related 
to the study of plutonium aging. 
(3) The report shall be submitted in unclassified form, 
but may include a classified annex. 
Subtitle C—Proliferation Matters 
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTER-
NATIONAL NUCLEAR MATERIALS PROTEC-
TION 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
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been authorized by Congress’’ after ‘‘states of the former So-
viet 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 subsections (c), (d), and (e), respectively. 
SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF 
FISSILE MATERIALS, RADIOLOGICAL MATE-
RIALS, AND RELATED EQUIPMENT AT VUL-
NERABLE SITES WORLDWIDE. 
(a) SENSE OF CONGRESS.—(1) It is the sense of Con-
gress that the security, including the rapid removal or se-
cure storage, of high-risk, proliferation-attractive fissile ma-
terials, radiological materials, and related equipment at 
vulnerable sites worldwide should be a top priority among 
the activities to achieve the national security of the United 
States. 
(2) It is the sense of Congress that the President may 
establish in the Department of Energy a task force to be 
known as the Task Force on Nuclear Materials to carry out 
the program authorized by subsection (b). 
(b) PROGRAM AUTHORIZED.—The Secretary of Energy 
may carry out a program to undertake an accelerated, com-
prehensive worldwide effort to mitigate the threats posed by
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high-risk, proliferation-attractive fissile materials, radio-
logical materials, and related equipment located at sites po-
tentially vulnerable to theft or diversion. 
(c) PROGRAM ELEMENTS.—(1) Activities under the 
program under subsection (b) may include the following: 
(A) Accelerated efforts to secure, remove, or 
eliminate proliferation-attractive fissile materials or 
radiological materials in research reactors, other reac-
tors, and other facilities worldwide. 
(B) Arrangements for the secure shipment of pro-
liferation-attractive fissile materials, radiological ma-
terials, and related equipment to other countries will-
ing to accept such materials and equipment, or to the 
United States if such countries cannot be identified, 
and the provision of secure storage or disposition of 
such materials and equipment following shipment. 
(C) The transportation of proliferation-attractive 
fissile materials, radiological materials, and related 
equipment from sites identified as proliferation risks 
to secure facilities in other countries or in the United 
States. 
(D) The processing and packaging of prolifera-
tion-attractive fissile materials, radiological mate-
rials, and related equipment in accordance with re-
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quired standards for transport, storage, and disposi-
tion. 
(E) The provision of interim security upgrades 
for vulnerable, proliferation-attractive fissile mate-
rials and radiological materials and related equip-
ment pending their removal from their current sites. 
(F) The utilization of funds to upgrade security 
and accounting at sites where proliferation-attractive 
fissile materials or radiological materials will remain 
for an extended period of time in order to ensure that 
such materials are secure against plausible potential 
threats and will remain so in the future. 
(G) The management of proliferation-attractive 
fissile materials, radiological materials, and related 
equipment at secure facilities. 
(H) Actions to ensure that security, including se-
curity upgrades at sites and facilities for the storage 
or disposition of proliferation-attractive fissile mate-
rials, radiological materials, and related equipment, 
continues to function as intended. 
(I) The provision of technical support to the 
International Atomic Energy Agency (IAEA), other 
countries, and other entities to facilitate removal of, 
and security upgrades to facilities that contain, pro-
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liferation-attractive fissile materials, radiological ma-
terials, and related equipment worldwide. 
(J) The development of alternative fuels and ir-
radiation targets based on low-enriched uranium to 
convert research or other reactors fueled by highly-en-
riched uranium to such alternative fuels, as well as 
the conversion of reactors and irradiation targets em-
ploying highly-enriched uranium to employment of 
such alternative fuels and targets. 
(K) Accelerated actions for the blend down of 
highly-enriched uranium to low-enriched uranium. 
(L) The provision of assistance in the closure 
and decommissioning of sites identified as presenting 
risks of proliferation of proliferation-attractive fissile 
materials, radiological materials, and related equip-
ment. 
(M) Programs to— 
(i) assist in the placement of employees dis-
placed as a result of actions pursuant to the pro-
gram in enterprises not representing a prolifera-
tion threat; and 
(ii) convert sites identified as presenting 
risks of proliferation regarding proliferation-at-
tractive fissile materials, radiological materials, 
and related equipment to purposes not rep-
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resenting a proliferation threat to the extent nec-
essary to eliminate the proliferation threat. 
(2) The Secretary of Energy shall, in coordination 
with the Secretary of State, carry out the program in con-
sultation with, and with the assistance of, appropriate de-
partments, agencies, and other entities of the United States 
Government. 
(3) The Secretary of Energy shall, with the concur-
rence of the Secretary of State, carry out activities under 
the program in collaboration with such foreign govern-
ments, non-governmental organizations, and other inter-
national entities as the Secretary considers appropriate for 
the program. 
(d) REPORTS.—(1) Not later than March 15, 2005, the 
Secretary shall submit to Congress a classified interim re-
port on the program under subsection (b). 
(2) Not later than January 1, 2006, the Secretary shall 
submit to Congress a classified final report that includes 
the following: 
(A) A survey by the Secretary of the facilities 
and sites worldwide that contain proliferation-attrac-
tive fissile materials, radiological materials, or re-
lated equipment. 
(B) A list of sites determined by the Secretary to 
be of the highest priority, taking into account risk of
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theft from such sites, for removal or security of pro-
liferation-attractive fissile materials, radiological ma-
terials, or related equipment, organized by level of 
priority. 
(C) A plan, including activities under the pro-
gram under this section, for the removal, security, or 
both of proliferation-attractive fissile materials, radi-
ological materials, or related equipment at vulnerable 
facilities and sites worldwide, including measurable 
milestones, metrics, and estimated costs for the imple-
mentation of the plan. 
(3) A summary of each report under this subsection 
shall also be submitted to Congress in unclassified form. 
(e) FUNDING.—Amounts authorized to be appropriated 
to the Secretary of Energy for defense nuclear nonprolifera-
tion activities shall be available for purposes of the program 
under this section. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘fissile materials’’ means pluto-
nium, highly-enriched uranium, or other material ca-
pable of sustaining an explosive nuclear chain reac-
tion, including irradiated items containing such ma-
terials if the radiation field from such items is not 
sufficient to prevent the theft or misuse of such items.
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(2) The term ‘‘radiological materials’’ includes 
Americium-241, Californium-252, Cesium-137, Co-
balt-60, Iridium-192, Plutonium-238, Radium-226 
and Strontium-90, Curium-244, Strontium-90, and 
irradiated items containing such materials, or other 
materials designated by the Secretary of Energy for 
purposes of this paragraph. 
(3) The term ‘‘related equipment’’ includes 
equipment useful for enrichment of uranium in the 
isotope 235 and for extraction of fissile materials 
from irradiated fuel rods and other equipment des-
ignated by the Secretary of Energy for purposes of 
this section. 
(4) The term ‘‘highly-enriched uranium’’ means 
uranium enriched to or above 20 percent in isotope 
235. 
(5) The term ‘‘low-enriched uranium’’ means 
uranium enriched below 20 percent in isotope 235. 
(6) The term ‘‘proliferation-attractive’’, in the 
case of fissile materials and radiological materials, 
means quantities and types of such materials that are 
determined by the Secretary of Energy to present a 
significant risk to the national security of the United 
States if diverted to a use relating to proliferation.
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Subtitle D—Other Matters 
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY 
CONTRACTORS. 
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 
(42 U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘until 
December 31, 2004’’ and inserting ‘‘until December 31, 
2006’’. 
SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR AP-
POINTMENT OF CERTAIN SCIENTIFIC, ENGI-
NEERING, AND TECHNICAL 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. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCU-
PATIONAL 
ILLNESS 
COMPENSATION 
PRO-
GRAM AUTHORITIES. 
(a) STATE AGREEMENTS.—Section 3661 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106–394) 
(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
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(3) in subsection (e), by striking ‘‘If provided in 
an agreement under subsection (a)’’ and inserting ‘‘If 
a panel has reported a determination under sub-
section (d)(5)’’. 
(b) PHYSICIAN PANELS.—Subsection (d) of such sec-
tion is amended by striking paragraph (2) and inserting 
the following new paragraph (2): 
‘‘(2) The Secretary of Health and Human Services 
shall, in consultation with the Secretary of Energy, select 
the individuals to serve as panel members based on experi-
ence and competency in diagnosing occupational illnesses. 
The Secretary shall appoint the individuals so selected as 
panel members or shall obtain by contract the services of 
such individuals as panel members.’’. 
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICIN-
ITY OF LOS ALAMOS NATIONAL LABORATORY, 
NEW MEXICO. 
The Secretary of Energy shall require that the primary 
management and operations contract for Los Alamos Na-
tional Laboratory, New Mexico, that involves Laboratory 
operations after September 30, 2005, shall contain terms 
requiring the contractor under such contract to provide sup-
port to the Los Alamos Public School District, New Mexico, 
for the elementary and secondary education of students by
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the School District in the amount of $8,000,000 in each 
fiscal year. 
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, 
NEW MEXICO, PURSUANT TO COMPETITIVE 
CONTRACT. 
(a) CONTRACT REQUIREMENT.—The Secretary of En-
ergy shall use competitive procedures to enter into a con-
tract to conduct independent reviews and evaluations of the 
design, construction, and operations of the Waste Isolation 
Pilot Plant in New Mexico (hereafter in this section referred 
as the ‘‘WIPP’’) 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, beginning on October 1, 2004, 
and shall be renewable for four additional one-year periods 
with the consent of the contractor and subject to the author-
ization and appropriation of funds for such purpose. 
(b) CONTENT OF CONTRACT.—A contract entered into 
under subsection (a) shall require the following: 
(1) The contractor shall appoint a Director and 
Deputy Director, who shall be scientists of national 
eminence in the field of nuclear waste disposal, shall 
be free from any biases related to the activities of the 
WIPP, and shall be widely known for their integrity 
and scientific expertise.
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(2) The Director shall appoint staff. The profes-
sional staff shall consist of scientists and engineers of 
recognized integrity and scientific expertise who rep-
resent scientific and engineering disciplines needed 
for a thorough review of the WIPP, including dis-
ciplines such as geology, hydrology, health physics, 
environmental engineering, probability risk analysis, 
mining engineering, and radiation chemistry. The 
disciplines represented in the staff shall change as 
may be necessary to meet changed needs in carrying 
out the contract for expertise in any certain scientific 
or engineering discipline. Scientists employed under 
the contract shall have qualifications and experience 
equivalent to the qualifications and experience re-
quired for scientists employed by the Federal Govern-
ment in grades GS–13 through GS–15. 
(3) Scientists employed under the contract shall 
have an appropriate support staff. 
(4) The Director and Deputy Director shall each 
be appointed for a term of 5 years, subject to contract 
renewal, and may be removed only for misconduct or 
incompetence. The staff shall be appointed for such 
terms as the Director considers appropriate. 
(5) The rates of pay of professional staff and the 
procedures for increasing the rates of pay of profes-
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sional staff shall be equivalent to those rates and pro-
cedures provided for the General Schedule pay system 
under chapter 53 of title 5, United States Code. 
(6) The results of reviews and evaluations car-
ried out under the contract shall be published. 
(c) ADMINISTRATION.—The contractor shall establish 
general policies and guidelines to be used by the Director 
in carrying out the work under the contract. 
SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW 
MEXICO, HOMESTEADERS FOR ACQUISITION 
OF LANDS FOR MANHATTAN PROJECT IN 
WORLD WAR II. 
(a) ESTABLISHMENT
OF
COMPENSATION
FUND.— 
There is established in the Treasury of the United States 
a fund to be known as the Pajarito Plateau Homesteaders 
Compensation Fund (in this section referred to as the 
‘‘Fund’’). The Fund shall be dedicated to the settlement of 
the two lawsuits in the United States District Court for 
the District of New Mexico consolidated as Civ. No. 00– 
60. 
(b) ELEMENTS OF FUND.—The Fund shall consist of 
the following: 
(1) Amounts available for deposit in the Fund 
under subsection (j).
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(2) Interest earned on amounts in the Fund 
under subsection (g). 
(c) USE OF FUND.—The Fund shall be available for 
the settlement of the consolidated lawsuits in accordance 
with the following requirements: 
(1) The settlement shall be subject to preliminary 
and final approval by the Court in accordance with 
rule 23(e) of the Federal Rules of Civil Procedure. 
(2) Lead Counsel and Counsel for the United 
States of America shall recommend to the Court rea-
sonable procedures by which the claims for monies 
from the Fund shall be administered, which rec-
ommendations shall include mechanisms— 
(A) to identify class members; 
(B) to receive claims from class members so 
identified; 
(C) to determine in accordance with sub-
section (d) eligible claimants from among class 
members submitting claims; and 
(D) to resolve contests, if any, among eligi-
ble claimants with respect to a particular eligible 
tract regarding the disbursement of monies in 
the Fund with respect to such eligible tract.
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(3) Lead Counsel and Counsel for the United 
States of America shall provide evidence to the Court 
to assist the Court in— 
(A) identifying each class member by name 
and whereabouts; 
(B) providing notice of the settlement proc-
ess for the consolidated lawsuits to each class 
member so identified; and 
(C) providing the forms, and describing the 
procedure, for making claims to each class mem-
ber so identified. 
(4) After the provision of notice to class members 
under paragraph (3), if, within a time period to be 
established by the Court, more than 10 percent of the 
class members submit to the Court written notice of 
their determination to be excluded from participation 
in the settlement of the consolidated lawsuits— 
(A) the Fund shall not serve as the basis for 
the settlement of the consolidated lawsuits and 
the provisions of this section shall have no fur-
ther force or effect; and 
(B) amounts in the Fund shall not be dis-
bursed, but shall be retained in the Treasury as 
miscellaneous receipts.
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Energy contractor employee would otherwise be entitled 
under subsection (a) shall be determined without regard to 
any requirements under the appropriate State workers’ 
compensation system for each of the following: 
‘‘(1) Statutes of limitation, or other rules lim-
iting compensation to claims filed within a specified 
period after last exposure to a toxic substance or after 
last employment by an employer where the employee 
was exposed to a toxic substance. 
‘‘(2) Exposure rules, including minimum periods 
of exposure to toxic substances. 
‘‘(3) Causation rules more stringent that the 
standard in section 3663(b). 
‘‘(4) Burdens of proof, quantum of proof stand-
ards, or both more stringent than the standard in sec-
tion 3663(b). 
‘‘(5) Return to work requirements, including ob-
ligations to participate in vocational rehabilitation 
and medical examinations connected with the ability 
to return to work. 
‘‘(6) Medical examinations in addition to med-
ical examinations required by the Secretary of Labor 
for the application of section 3663 in determining 
causation or required by the Secretary of Labor for
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the application of subsection (c) in determining the 
amount of workers’ compensation payable. 
‘‘(c) DETERMINATION OF AMOUNT.—(1) The Secretary 
of Labor shall determine the amount of workers compensa-
tion payable to each covered Department of Energy con-
tractor employee under section 3662. 
‘‘(2)(A) The Secretary may utilize the assistance of the 
workers’ compensation system personnel of any State in 
making determinations under paragraph (1). 
‘‘(B) The utilization of assistance under subparagraph 
(A) shall be in accordance with an agreement entered into 
by the Secretary and the chief executive officer of the State 
concerned. 
‘‘(C) An agreement under subparagraph (B) may pro-
vide for the Secretary to reimburse the State concerned for 
the costs of the State in providing assistance under the 
agreement. 
‘‘(3)(A) The Secretary may utilize the services of phy-
sicians for purposes of making determinations under this 
subsection. 
‘‘(B) Any physicians utilized under subparagraph (A) 
shall possess appropriate expertise and experience in the 
evaluation and determination of the extent of permanent 
physical impairments.
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‘‘(C) The Secretary may secure the services of physi-
cians under subparagraph (A) through the appointment of 
physicians or by contract. 
‘‘SEC. 3665. MEDICAL BENEFITS. 
‘‘(a) IN GENERAL.—A Department of Energy con-
tractor employee eligible for workers compensation for an 
occupational illness or covered illness under this subtitle 
shall be furnished medical benefits specified in section 3629 
for the occupational illness or covered illness, as the case 
may be, to the same extent, and under the same conditions 
and limitations, as an individual eligible for medical bene-
fits under that section is furnished medical benefits under 
that section. 
‘‘(b) FUNDING.—Amounts for payments for medical 
benefits under this section shall be derived from amounts 
authorized to be appropriated for such purpose under sec-
tion 3670. 
‘‘SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS. 
‘‘(a) STATUS
AS DEPARTMENT
OF ENERGY CON-
TRACTOR EMPLOYEE.—An individual may seek the review 
of a determination that the individual is not a Department 
of Energy contractor employee. 
‘‘(b) ELIGIBILITY AND AMOUNT OF WORKERS COM-
PENSATION.—A Department of Energy contractor employee 
may seek the review of any determination as follows: