H. R. 4200—360
that has practical application in the nuclear nonproliferation
sciences.
(c) FUNDING.—Amounts available to the Department of Energy
for defense nuclear nonproliferation activities shall be available
for the fellowships authorized by subsection (a).
SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
ELIMINATION 
OF 
WEAPONS 
GRADE 
PLUTONIUM
PRODUCTION PROGRAM.
Section 3151 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2736;
22 U.S.C. 5952 note) is amended by adding at the end the following
new subsection:
‘‘(e) INTERNATIONAL PARTICIPATION IN PROGRAM.—(1) In order
to achieve international participation in the program referred to
in subsection (a), the Secretary of Energy may, in consultation
with the Secretary of State, enter into one or more agreements
with any person, foreign government, or other international
organization that the Secretary considers appropriate for the con-
tribution of funds by such person, government, or organization
for purposes of the program.
‘‘(2) Notwithstanding section 3302 of title 31, United States
Code, and subject to paragraphs (3) and (4), the Secretary may
retain and utilize any amounts contributed by a person, govern-
ment, or organization under an agreement under paragraph (1)
for purposes of the program without further appropriation and
without fiscal year limitation.
‘‘(3) The Secretary may not utilize under paragraph (2) any
amount contributed under an agreement under paragraph (1) until
30 days after the date on which the Secretary notifies the congres-
sional defense committees of the intent to utilize such amount,
including the source of such amount and the proposed purpose
for which such amount will be utilized.
‘‘(4) If any amount contributed under paragraph (1) has not
been utilized within five years of receipt under that paragraph,
the Secretary shall return such amount to the person, government,
or organization contributing such amount under that paragraph.
‘‘(5) Not later than 30 days after the receipt of any amount
contributed under paragraph (1), the Secretary shall submit to
the congressional defense committees a notice of the receipt of
such amount.
‘‘(6) Not later than October 31 each year, the Secretary shall
submit to the congressional defense committees a report on the
receipt and utilization of amounts under this subsection during
the preceding fiscal year. Each report for a fiscal year shall set
forth—
‘‘(A) a statement of any amounts received under this sub-
section, including the source of each such amount; and
‘‘(B) a statement of any amounts utilized under this sub-
section, including the purpose for which such amounts were
utilized.
‘‘(7) The authority of the Secretary to accept and utilize amounts
under this subsection shall expire on December 31, 2011.’’.
H. R. 4200—361
Subtitle D—Other Matters
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRAC-
TORS.
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. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR
CERTAIN WORKERS AT 2006 CLOSURE SITES AFTER CLO-
SURE 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 retirement benefits for
workers at Department of Energy 2006 closure sites after closure
of such sites.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) The number of workers at Department of Energy 2006
closure sites who would be eligible for regular or early retire-
ment benefits if such sites close on or after their target comple-
tion dates, but who would not be eligible for regular or early
retirement benefits if such sites close before their target comple-
tion dates (by calendar quarter).
(2) The cost of providing regular or full retirement benefits,
after the closure of Department of Energy 2006 closure sites,
to workers at such sites who would fail to qualify for regular
or early retirement benefits because of the early closure of
such sites (by calendar quarter).
(3) The impact on collective-bargaining agreements and
any applicable retirement benefit plan documents covering
workers at Department of Energy 2006 closure sites of pro-
viding regular or early retirement benefits as set forth herein.
(c) TRANSMITTAL TO CONGRESS.—Not later than 30 days after
receiving the report under subsection (a), the Secretary shall
transmit the report to Congress, together with such recommenda-
tions, including recommendations for legislative action, as the Sec-
retary considers appropriate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Energy 2006 closure site’’
means the following:
(A) The Rocky Flats Environmental Technology Site,
Colorado.
(B) The Fernald Plant, Ohio.
(C) The Mound Plant, Ohio.
(2) The term ‘‘worker’’ means any employee who is
employed by contract or first or second tier subcontract to
perform cleanup, security, or administrative duties or respon-
sibilities at a Department of Energy 2006 closure site.
(3) The term ‘‘retirement benefits’’ means pension, health,
and other similar post-retirement benefits.
(4) The term ‘‘target completion date’’, with respect to a
Department of Energy 2006 closure site, means the physical
completion date specified in the site contracts.
H. R. 4200—362
SEC. 3143. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.
(a) STUDY.—(1) The Administrator for Nuclear Security 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 under-
stand the aging of plutonium in nuclear weapons.
(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 Administrator shall submit
to Congress a report on the findings of the study required by
subsection (a)(1).
(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 pluto-
nium aging.
(3) The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
The Secretary of Energy shall require that the primary manage-
ment and operations contract for Los Alamos National Laboratory,
New Mexico, that involves Laboratory operations after September
30, 2005, shall contain terms requiring the contractor under such
contract to provide support to the Los Alamos Public School District,
New Mexico, for the elementary and secondary education of students
in 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 Energy shall
use competitive procedures to enter into a contract to conduct
independent reviews and evaluations of the design, construction,
and operations of the Waste Isolation Pilot Plant in New Mexico
(in this section referred to 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 authorization
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.
(2) The Director shall appoint staff. The professional staff
shall consist of scientists and engineers of recognized integrity
and scientific expertise who represent scientific and engineering
disciplines needed for a thorough review of the WIPP, including
H. R. 4200—363
disciplines such as geology, hydrology, health physics, environ-
mental 
engineering, 
probability 
risk 
analysis, 
mining
engineering, and radiation chemistry. The disciplines rep-
resented 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
and engineers employed under the contract shall have qualifica-
tions and experience equivalent to the qualifications and experi-
ence required for scientists and engineers employed by the
Federal Government in grades GS–13 through GS–15.
(3) Scientists and engineers 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 professional staff shall be
equivalent to those rates and procedures provided for the Gen-
eral Schedule pay system under chapter 53 of title 5, United
States Code.
(6) The results of reviews and evaluations carried 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. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT
BY DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE
WASTE STREAMS.
(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon
as practicable, enter into an arrangement with the National
Research Council of the National Academy of Sciences to carry
out a study of the plans of the Department of Energy to manage
those waste streams specified in subsection (b) that—
(1) exceed the concentration limits for Class C low-level
waste as set out in section 61.55 of title 10, Code of Federal
Regulations; and
(2) the Department plans to dispose of on the sites specified
in subsection (b)(3) rather than in a repository for spent nuclear
fuel and high-level waste.
(b) COVERED WASTE STREAMS.—The waste streams referred
to in subsection (a) are the streams of waste, from reprocessed
spent nuclear fuel, that—
(1) exceed the concentration limits for Class C low-level
waste as set out in section 61.55 of title 10, Code of Federal
Regulations;
(2) the Department does not plan for disposal in a reposi-
tory for spent nuclear fuel and high-level waste; and
(3) are stored in tanks at the following sites:
(A) The Savannah River Site, South Carolina.
(B) The Idaho National Engineering Laboratory, Idaho.
(C) The Hanford Reservation, Washington.
(c) MATTERS INCLUDED.—The study required by subsection (a)
shall evaluate—