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(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the agreement authorized by subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND
BASE REUSE AUTHORITY AND REDEVELOP-
MENT AGENCY OF THE CITY OF OAKLAND,
CALIFORNIA.
(a) AUTHORITY.—The Secretary of the Navy may pay
funds as agreed to by both parties, in the amount of
$2,100,000, to the Oakland Base Reuse Authority and Rede-
velopment Agency of the City of Oakland, California, in
settlement of Oakland Base Reuse Authority and Redevelop-
ment Agency of the City of Oakland v. the United States,
Case No. C02–4652 MHP, United States District Court,
Northern District of California, including any appeal.
(b) CONSIDERATION.—As consideration, the Oakland
Base Reuse Authority and Redevelopment Agency shall
agree that the payment constitutes a final settlement of all
claims against the United States related to said case and
give to the Secretary a release of all claims to the eighteen
officer housing units located at the former Naval Medical
Center Oakland, California. The release shall be in a form
that is satisfactory to the Secretary.
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(c) SOURCE OF FUNDS.—The Secretary may use funds
in the Department of Defense Base Closure Account 1990
established pursuant to section 2906 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note) for the pay-
ment authorized by subsection (a) or the proceeds of sale
from the eighteen housing units and property described in
subsection (b).
SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE
OF DEPARTMENT OF DEFENSE DEPENDENT
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS
AND COMMISSARY STORES.
(a) COMPTROLLER GENERAL REPORT.—Not later than
180 days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
the appropriate committees of Congress a report that in-
cludes the following:
(1) With respect to Department of Defense de-
pendent elementary and secondary schools—
(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 schools, including whether
or not such policy and criteria are consistent
with Department policies and procedures on the
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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
authorized—
(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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(5) The Court may award attorney fees and ex-
penses from the Fund pursuant to rule 23 of the Fed-
eral Rules of Civil Procedure, except that the award
of attorney fees may not exceed 20 percent of the
Fund and the award of expenses may not exceed 2
percent of the Fund. Any attorney fees and expenses
so paid shall be paid from the Fund before distribu-
tion of the amount in the Fund to eligible claimants
entitled thereto.
(6) The Fund shall be available to pay settlement
awards in accordance with the following:
(A) The balance of the amount of the Fund
that is available for disbursement after any
award of attorney fees and expenses under para-
graph (5) shall be allocated proportionally by el-
igible tract according to its acreage as compared
with all eligible tracts.
(B) The allocation for each eligible tract
shall be allocated pro rata among all eligible
claimants having an interest in such eligible
tract according to the extent of their interest in
such eligible tract, as determined under the laws
of the State of New Mexico.
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(C) Payments from the Fund under this
paragraph shall be made by the Secretary of the
Treasury.
(7) Any amounts available for disbursement with
respect to an eligible tract that are not awarded to el-
igible claimants with respect to that tract by reason
of paragraph (6)(B) shall be retained in the Treasury
as miscellaneous receipts.
(d) ELIGIBLE CLAIMANTS.—(1) For purposes of this
section, an eligible claimant is any class member deter-
mined by the Court, by a preponderance of evidence and
pursuant to procedures established under subsection (c)(2),
to be a person or entity who held a fee simple ownership
in an eligible tract at the time of its acquisition by the
United States during World War II for use in the Manhat-
tan Project, or the heir, successor in interest, assignee, or
beneficiary of such a person or entity.
(2) The status of a person or entity as an heir, suc-
cessor in interest, assignee, or beneficiary for purposes of
this subsection shall be determined under the laws of the
State of New Mexico, including the descent and distribution
law of the State of New Mexico.
(e) FULL RESOLUTION OF CLAIMS AGAINST UNITED
STATES.—(1) The acceptance of a disbursement from the
Fund by an eligible claimant under this section shall con-
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stitute a final and complete release of the defendants in the
consolidated lawsuits with respect to such eligible claimant,
and shall be in full satisfaction of any and all claims of
such eligible claimant against the United States arising out
of acts described in the consolidated lawsuits.
(2) Upon the disbursement of the amount in the Fund
to eligible claimants entitled thereto under this section, the
Court shall, subject to the provisions of rule 23(e) of the
Federal Rules of Civil Procedure, enter a final judgment
dismissing with prejudice the consolidated lawsuits and all
claims and potential claims on matters covered by the con-
solidated lawsuits.
(f) COMPENSATION LIMITED TO AMOUNTS IN FUND.—
(1) An eligible claimant may be paid under this section
only from amounts in the Fund.
(2) Nothing in this section shall authorize the payment
to a class member by the United States Government of any
amount authorized by this section from any source other
than the Fund.
(g) INVESTMENT OF FUND.—(1) The Secretary of the
Treasury shall, in accordance with the requirements of sec-
tion 9702 of title 31, United States Code, and the provisions
of this subsection, direct the form and manner by which
the Fund shall be safeguarded and invested so as to maxi-
mize its safety while earning a return comparable to other
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common funds in which the United States Treasury is the
source of payment.
(2) Interest on the amount deposited in the Fund shall
accrue from the date of the enactment of the Act appro-
priating amounts for deposit in the Fund until the date
on which the Secretary of the Treasury disburses the
amount in the Fund to eligible claimants who are entitled
thereto under subsection (c).
(h) PRESERVATION OF RECORDS.—(1) All documents,
personal testimony, and other records created or received
by the Court in the consolidated lawsuits shall be kept and
maintained by the Archivist of the United States, who shall
preserve such documents, testimony, and records in the Na-
tional Archives of the United States.
(2) The Archivist shall make available to the public
the materials kept and maintained under paragraph (1).
(i) DEFINITIONS.—In this section:
(1) The term ‘‘Court’’ means the United States
District Court for the District of New Mexico having
jurisdiction over the consolidated lawsuits.
(2) The term ‘‘consolidated lawsuits’’ means the
two lawsuits in the United States District Court for
the District of New Mexico consolidated as Civ. No.
00–60.
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(3)(A) The term ‘‘eligible tract’’ means private
real property located on the Pajarito Plateau of what
is now Los Alamos County, New Mexico, that was ac-
quired by the United States during World War II for
use in the Manhattan Project and which is the subject
of the consolidated lawsuits.
(B) The term does not include lands of the Los
Alamos Ranch School and of the A.M. Ross Estate
(doing business as Anchor Ranch).
(4) The term ‘‘class member’’ means the fol-
lowing:
(A) Any person or entity who claims to
have held a fee simple ownership in an eligible
tract at the time of its acquisition by the United
States during World War II for use in the Man-
hattan Project.
(B) Any person or entity claiming to be the
heir, successor in interest, assignee, or bene-
ficiary of a person or entity who held a fee sim-
ple ownership in an eligible tract at the time of
its acquisition by the United States during
World War II for use in the Manhattan Project.
(j) FUNDING.—Of the amount authorized to be appro-
priated by section 3101(a)(4) for the National Nuclear Se-
curity Administration for the Office of the Administrator
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for Nuclear Security, $10,000,000 shall be available for de-
posit in the Fund under subsection (b)(1).
Subtitle E—Energy Employees Oc-
cupational Illness Compensation
Program
SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT
ATOMIC 
WEAPONS 
EMPLOYER 
FACILITIES
DURING PERIODS OF RESIDUAL CONTAMINA-
TION.
(a) COVERAGE.—Paragraph (3) of section 3621 of the
Energy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (title XXXVI of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106–398); 42 U.S.C. 7384l)
is amended to read as follows:
‘‘(3) The term ‘atomic weapons employee’ means
any of the following:
‘‘(A) An individual employed by an atomic
weapons employer during a period when the em-
ployer was processing or producing, for the use
by the United States, material that emitted radi-
ation and was used in the production of an
atomic weapon, excluding uranium mining and
milling.
‘‘(B) An individual employed—
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‘‘(i) at a facility with respect to which
the National Institute for Occupational
Safety and Health, in its report dated Octo-
ber 2003 and titled ‘Report on Residual Ra-
dioactive and Beryllium Contamination at
Atomic Weapons Employer Facilities and
Beryllium Vendor Facilities’, or any update
to that report, found that there is a poten-
tial for significant residual contamination
outside of the period in which weapons-re-
lated production occurred;
‘‘(ii) by an atomic weapons employer
or subsequent owner or operators of a facil-
ity described in clause (i); and
‘‘(ii) during a period, as specified in
such report or any update to such report, of
potential for significant residual radioactive
contamination at such facility.’’.
SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINA-
TION OF FACILITIES.
(a) UPDATE OF REPORT.—Not later than December
31, 2006, the Director of the National Institute for Occupa-
tional Safety and Health shall submit to Congress an up-
date to the report required by section 3151(b) of the Na-
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tional Defense Authorization Act for Fiscal Year 2002 (Pub-
lic Law 107–107; 42 U.S.C. 7384 note).
(b) ELEMENTS.—The update shall—
(1) for each facility for which such report found
that insufficient information was available to deter-
mine whether significant residual contamination was
present, determine whether significant residual con-
tamination was present;
(2) for each facility for which such report found
that significant residual contamination remained
present as of the date of the report, determine the date
on which such contamination ceased to be present;
(3) for each facility for which such report found
that significant residual contamination was present
but for which the Director has been unable to deter-
mine the extent to which such contamination is at-
tributable to atomic weapons-related activities, iden-
tify the specific dates of coverage attributable to such
activities and, in so identifying, presume that such
contamination is attributable to such activities until
there is evidence of decontamination of residual con-
tamination identified with atomic weapons-related
activities; and
(4) if new information that pertains to the re-
port has been made available to the Director since
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that report was submitted, identify and describe such
information.
(c) PUBLICATION.—The Director shall ensure that the
report referred to in subsection (a) is published in the Fed-
eral Register not later than 15 days after being released.
SEC. 3153. WORKERS COMPENSATION.
(a) IN GENERAL.—Subtitle D of the Energy Employ-
ees Occupational Illness Compensation Program Act of
2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398); 42 U.S.C. 7385o) is amended to
read as follows:
‘‘Subtitle D—Workers Compensation
‘‘SEC. 3661. COVERED DEPARTMENT OF ENERGY CON-
TRACTOR EMPLOYEES.
‘‘(a) IN GENERAL.—In this subtitle, the term ‘covered
Department of Energy contractor employee’ means any De-
partment of Energy contractor employee determined under
section 3663 to have contracted an occupational illness or
covered illness through exposure at a Department of Energy
facility.
‘‘(b) EXCLUSION OF ILLNESS THROUGH EXPOSURE
AFTER COMMENCEMENT OF NEW PROGRAM.—For purposes
of this subtitle, an occupational illness or covered illness
shall not include any illness contracted by a Department
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of Energy contractor employee through exposure at a De-
partment of Energy facility if the exposure occurs after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2005.
‘‘SEC. 3662. WORKERS COMPENSATION.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), a covered Department of Energy contractor employee,
or the survivor of a covered Department of Energy con-
tractor employee if the covered Department of Energy con-
tractor employee is deceased, shall receive workers com-
pensation in an amount determined under section 3664.
‘‘(b) ELECTION TO PROCEED UNDER STATE WORK-
ERS’ COMPENSATION SYSTEM.—(1) A Department of En-
ergy contractor employee otherwise covered by this section
may elect to seek workers’ compensation under the appro-
priate State workers’ compensation system for the occupa-
tional illness or covered illness of the covered Department
of Energy contractor employee rather than seek workers
compensation for the occupational illness or covered illness,
as the case may be, under this subtitle.
‘‘(2) Any Department of Energy contractor employee
making an election under paragraph (1) who becomes enti-
tled to workers’ compensation under the appropriate State
workers’ compensation system following an election under
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that paragraph is not entitled to receive workers compensa-
tion under this subtitle.
‘‘(c) FUNDING.—The Secretary of Labor shall make
payments of workers compensation under this section from
amounts authorized to be appropriated for such purpose
under section 3670.
‘‘SEC. 3663. DETERMINATIONS REGARDING CONTRACTION
OF OCCUPATIONAL OR COVERED ILLNESSES.
‘‘(a) EMPLOYEES COVERED BY PREVIOUS DETERMINA-
TION
OF ENTITLEMENT
TO COMPENSATION
AND BENE-
FITS.—(1) A Department of Energy contractor employee
who has been determined to be entitled to compensation and
benefits for an occupational illness contracted in the per-
formance of duty at a Department of Energy facility under
subtitle B shall be treated as having contracted the occupa-
tional illness through exposure at the Department of Energy
facility for purposes of this subtitle.
‘‘(2) A determination, pursuant to activities under
paragraph (2) of section 3163(d) of the National Defense
Authorization Act for Fiscal Year 2005 before or during the
period of transition of administration of this subtitle to the
Department of Labor under paragraph (1) of such section,
that an individual contracted an occupational illness
through exposure at a Department of Energy facility for
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purposes of this subtitle shall be valid for purposes of this
subtitle.
‘‘(b) OTHER EMPLOYEES.—In the case of a Depart-
ment of Energy contractor employee not previously covered
by a determination described in subsection (a) with respect
to an occupational illness, the Department of Energy con-
tractor employee shall be determined to have contracted an
illness (in this subtitle referred to as a ‘covered illness’)
through exposure at a Department of Energy facility for
purposes of this subtitle if—
‘‘(1) it is at least as likely as not that exposure
to a toxic substance was a significant factor in aggra-
vating, contributing to, or causing the illness; and
‘‘(2) it is at least as likely as not that the expo-
sure to such toxic substance was related to employ-
ment at a Department of Energy facility.
‘‘(c) DETERMINATIONS REGARDING EMPLOYEES NOT
PREVIOUSLY COVERED BY DETERMINATION OF ENTITLE-
MENT.—(1) The Secretary of Labor shall make each deter-
mination under subsection (b) as to whether or not a De-
partment of Energy contractor employee described in that
subsection contracted a covered illness related to employ-
ment at a Department of Energy facility.
‘‘(2) The Secretary may utilize the services of physi-
cians for purposes of making determinations under this sub-
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section. Any physicians so utilized shall possess appropriate
expertise and experience in the evaluation and diagnosis
of illnesses aggravated, contributed to, or caused by expo-
sure to toxic substances.
‘‘(3) The Secretary may secure the services of physi-
cians under this subsection through the appointment of phy-
sicians or by contract.
‘‘(4) The Secretary shall consult with the Secretary of
Health and Human Services before utilizing the services of
physicians for purposes of making determinations under
this subsection.
‘‘SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
‘‘(a) IN GENERAL.—The amount of workers compensa-
tion payable to a covered Department of Energy contractor
employee, or the eligible survivors of a covered Department
of Energy contractor employee, for an occupational illness
or covered illness under section 3662 is the amount of work-
ers’ compensation to which the Department of Energy con-
tractor employee, or the eligible survivors, respectively,
would otherwise be entitled for the occupational illness or
covered illness, as the case may be, under the appropriate
State workers’ compensation system.
‘‘(b) INAPPLICABILITY OF CERTAIN STATE WORKERS’
COMPENSATION SYSTEM LIMITATIONS.—The amount of
workers’ compensation to which a covered Department of
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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:
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‘‘(1) A determination under section 3663(b) that
the Department of Energy contractor employee is not
a covered Department of Energy contractor employee.
‘‘(2) A determination under 3664 of the amount
of workers compensation payable to the Department
of Energy contractor employee under section 3662.
‘‘(c) REVIEW.—(1) The review of a determination
under subsection (a) or (b) shall be conducted by the Sec-
retary of Labor in accordance with procedures applicable
for the review of claims under sections 30.310 through
30.320 of title 20, Code of Federal Regulations, or any suc-
cessor regulations.
‘‘(2)(A) The review of a determination under sub-
section (b)(1) shall include review by a physician or physi-
cian panel.
‘‘(B) Each physician or physician on a panel under
subparagraph (A) shall be a physician with experience and
competency in diagnosing illnesses aggravated, contributed
to, or caused by exposure to toxic substances.
‘‘(C) The Secretary of Labor may investigate any alle-
gation that a physician appointed under this paragraph
has a conflict of interest. If the Secretary of Labor deter-
mines that a conflict of interest exists, the Secretary shall
notify the Secretary of Health and Human Services, who
shall review the allegation.
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‘‘(D) Each review by a physician or physician panel
under subparagraph (A) shall be conducted in accordance
with such procedures as the Secretary shall prescribe.
‘‘(3)(A) The results of each review under this sub-
section shall be submitted to the Secretary.
‘‘(B) The Secretary shall accept the results of any por-
tion of a review under this subsection that consists of a re-
view by a physician or physician panel under paragraph
(2) unless there is substantial evidence to the contrary.
‘‘(d) REVERSAL OF DETERMINATIONS.—Except as pro-
vided in subsection (c)(3)(B), the Secretary of Labor may
vacate or reverse any determination described in subsection
in subsection (a) or (b) if the Secretary determines, as the
result of a review of such determination under subsection
(c), that such determination was erroneous.
‘‘SEC. 3667. ATTORNEY FEES.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the provisions of section 3648 shall apply to the avail-
ability of attorney fees for assistance on a claim under this
subtitle to the same extent, and subject to the same condi-
tions and limitations, that such provisions apply to the
availability of attorney fees for assistance on a claim under
subtitle B.
‘‘(b) ATTORNEY FEE SCHEDULE.—(1) The Secretary
of Labor may, by regulation, modify the application of sec-
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tion 3648 to the availability of attorney fees under this sub-
title to establish a schedule for attorney fees under this sub-
title that will ensure representation of claimants and ap-
propriate compensation for such representation.
‘‘(2) The amount of attorney fees for assistance on
claims under the schedule of attorney fees shall take into
appropriate account the nature and complexity of the legal
issues involved in such claims and the procedural level at
which assistance is given.
‘‘SEC. 3668. ADMINISTRATIVE MATTERS.
‘‘(a) IN GENERAL.—The Secretary of Labor shall ad-
minister the provisions of this subtitle.
‘‘(b) CONTRACT AUTHORITY.—(1) The Secretary may
enter into contracts with appropriate persons and entities
in order to administer the provisions of this subtitle.
‘‘(2) The authority of the Secretary to enter into con-
tracts under this subtitle shall be effective in any fiscal year
only to the extent and in such amount as are provided in
advance in appropriations Acts.
‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall
provide to the Secretary of Labor all records, files, and other
data, whether paper, electronic, imaged, or otherwise, devel-
oped by the Secretary of Energy that are applicable to the
administration of the provisions of this subtitle by the Sec-
retary of Labor, including records, files, and data on facil-
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ity industrial hygiene, employment of individuals or
groups, exposure and medical records, and claims applica-
tions.
‘‘(B) In providing records, files, and other data under
this paragraph, the Secretary of Energy shall preserve the
current organization of such records, files, and other data,
and shall provide such description and indexing of such
records, files, and other data as the Secretary of Energy
and the Secretary of Labor jointly consider appropriate to
facilitate their use by the Secretary of Labor for purposes
of this subtitle.
‘‘(2) The Secretary of Energy and the Secretary of
Labor shall jointly undertake such actions as are appro-
priate to retrieve records applicable to the claims of Depart-
ment of Energy contractor employees for workers compensa-
tion under this subtitle, including employment records,
records of exposure to beryllium, radiation, silicon, or met-
als or volatile organic chemicals, and records regarding
medical treatment.
‘‘(d) REGULATIONS.—The Secretary of Labor shall
prescribe regulations necessary for the administration of the
provisions of this subtitle.
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‘‘SEC. 3669. OFFICE OF OMBUDSMAN.
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment of Labor an office to be known as the ‘Office of
the Ombudsman’ (in this section referred to as the ‘Office’).
‘‘(b) HEAD.—The head of the Office shall be the Om-
budsman. The individual serving as Ombudsman shall be
either of the following:
‘‘(1) An officer or employee of the Department of
Labor designated by the Secretary for purposes of this
section from among officers and employees of the De-
partment who have experience and expertise necessary
to carry out the duties of the Office specified in sub-
section (c).
‘‘(2) An individual employed by the Secretary
from the private sector from among individuals in the
private sector who have experience and expertise nec-
essary to carry out the duties of the Office specified
in subsection (c).
‘‘(c) DUTIES.—The duties of the Office shall be as fol-
lows:
‘‘(1) To assist individuals in making claims
under this subtitle.
‘‘(2) To provide information on the benefits
available under this subtitle and on the requirements
and procedures applicable to the provision of such
benefits.
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‘‘(3) To act as an advocate on behalf of individ-
uals seeking benefits under this subtitle.
‘‘(4) To make recommendations to the Secretary
regarding the location of centers (to be known as ‘re-
source centers’) for the acceptance and development of
claims for benefits under this subtitle.
‘‘(5) To carry out such other duties with respect
to this subtitle as the Secretary shall specify for pur-
poses of this section.
‘‘(d) INDEPENDENT OFFICE.—The Secretary shall take
appropriate actions to ensure the independence of the Office
within the Department of Labor, including independence
from other officers and employees of the Department en-
gaged in activities relating to the administration of the pro-
visions of this subtitle.
‘‘(e) ANNUAL REPORT.—(1) Not later than February
15 each year, the Ombudsman shall submit to Congress a
report on activities under this subtitle.
‘‘(2) Each report under paragraph (1) shall set forth
the following:
‘‘(A) The number and types of complaints, griev-
ances, and requests for assistance received by the Om-
budsman under this subtitle during the preceding
year.
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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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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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HR 4200 EAS
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
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
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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HR 4200 EAS
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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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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HR 4200 EAS
(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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HR 4200 EAS
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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HR 4200 EAS
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-