H. R. 4200—382
Authorization 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 substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department
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,
Washington, Portsmouth, Ohio, Los Alamos, New Mexico, the
Nevada Test Site, Nevada, the Rocky Flats Environmental
Technology Site, Colorado, the Idaho National Engineering Lab-
oratory, Idaho, and the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under sub-
title B of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 commensurate with the assist-
ance provided energy employees at other locations in the United
States.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Labor should—
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness 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 resource
center to provide such assistance to such energy employees.
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL DEFENSE
STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2005,
the National Defense Stockpile Manager may obligate up to
H. R. 4200—383
$59,700,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials that
are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
SEC. 3302. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN
MATERIALS IN NATIONAL DEFENSE STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50
U.S.C. 98d note) is amended by striking paragraphs (4) and (5)
and inserting the following new paragraphs:
‘‘(4) $785,000,000 by the end of fiscal year 2005; and
‘‘(5) $870,000,000 by the end of fiscal year 2009.’’.
SEC. 3303. DISPOSAL OF FERROMANGANESE.
(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dis-
pose of up to 50,000 tons of ferromanganese from the National
Defense Stockpile during fiscal year 2005.
(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—(1) If
the Secretary of Defense completes the disposal of the total quantity
of ferromanganese authorized for disposal by subsection (a) before
September 30, 2005, the Secretary of Defense may dispose of up
to an additional 25,000 tons of ferromanganese from the National
Defense Stockpile before that date.
(2) If the Secretary completes the disposal of the total quantity
of additional ferromanganese authorized for disposal by paragraph
(1) before September 30, 2005, the Secretary may dispose of up
to an additional 25,000 tons of ferromanganese from the National
Defense Stockpile before that date.
(c) CERTIFICATION.—The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits written certification
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives, not
later than 30 days before the commencement of disposal under
the applicable paragraph, that—
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is con-
sistent with the requirements and purpose of the National
Defense Stockpile.
H. R. 4200—384
(d) DELEGATION OF RESPONSIBILITY.—The Secretary of Defense
may delegate the responsibility of the Secretary under subsection
(c) to an appropriate official within the Department of Defense.
(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).
SEC. 3304. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN
FACILITIES.
(a) PROHIBITION.—During fiscal year 2005, 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).
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There are hereby
authorized to be appropriated to the Secretary of Energy
$20,000,000 for fiscal year 2005 for the purpose of carrying out
activities under chapter 641 of title 10, United States Code, relating
to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for merchant ma-
rine vessels.
Sec. 3503. Modification of priority afforded applications for national defense tank
vessel construction assistance.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME
ADMINISTRATION.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration for fiscal year 2005
(in lieu of amounts authorized for the same purposes by section
3511 of the National Defense Authorization Act for Fiscal Year
2004)—
(1) for expenses necessary for operations and training
activities, $109,300,000;
(2) for administrative expenses under the loan guarantee
program authorized by title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1271 et seq.), $4,764,000; and
(3) for ship disposal, $35,000,000, of which $2,000,000 shall
be for decommissioning, removal, and disposal of the nuclear
H. R. 4200—385
reactor and hazardous materials on board the vessel
SAVANNAH.
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSUR-
ANCE FOR MERCHANT MARINE VESSELS.
(a) EXTENSION.—Section 1214 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1294), is amended by striking ‘‘June 30,
2005’’ and inserting ‘‘December 31, 2010’’.
(b) INVESTMENT
OF
ASSETS
IN
INSURANCE
FUND.—Section
1208(a) of such Act (46 U.S.C. App. 1288), is amended by striking
the third sentence and inserting the following: ‘‘The Secretary of
Transportation may request the Secretary of the Treasury to invest
such portion of the Fund as is not, in the judgment of the Secretary
of Transportation, required to meet the current needs of the fund.
Such investments shall be made by the Secretary of the Treasury
in public debt securities of the United States, with maturities
suitable to the needs of the fund, and bearing interest rates deter-
mined by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obligations of
the United States of comparable maturity.’’.
SEC. 3503. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS
FOR NATIONAL DEFENSE TANK VESSEL CONSTRUCTION
ASSISTANCE.
Section 3542(d)(2) 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 subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) with respect to any proposal for financial assist-
ance to be provided from amounts appropriated for a fiscal
year after fiscal year 2005, acceptance of the vessel to
be constructed with the assistance for participation in the
Shipboard Technology Evaluation Program as outlined in
Navigation and Vessel Inspection Circular 01–04, issued
by the Commandant of the United States Coast Guard
on January 2, 2004.’’.
TITLE XXXVI—ASSISTANCE TO
FIREFIGHTERS
Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 1974.
Sec. 3603. Report on assistance to firefighters.
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Assistance to Firefighters Grant
Program Reauthorization Act of 2004’’.
SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CON-
TROL ACT OF 1974.
Section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229) is amended—
(1) in subsection (b)(1)(A)—
(A) by inserting ‘‘throughout the Nation’’ after ‘‘per-
sonnel’’; and
H. R. 4200—386
(B) by striking ‘‘and’’ at the end;
(2) in subsection (b)(1)(B)—
(A) by inserting ‘‘and firefighter safety research and
development’’ after ‘‘fire prevention’’; and
(B) by striking the period and inserting ‘‘; and’’;
(3) by adding at the end of subsection (b)(1) the following
new subparagraph:
‘‘(C) provide assistance for nonaffiliated EMS organiza-
tions for the purpose of paragraph (3)(F).’’;
(4) in subsection (b)(3)(F), by inserting ‘‘and nonaffiliated
EMS organizations’’ after ‘‘fire departments’’;
(5) in subsection (b)(4)—
(A) by inserting ‘‘AND FIREFIGHTER SAFETY RESEARCH
AND DEVELOPMENT’’ after ‘‘PREVENTION’’ in the paragraph
heading;
(B) in subparagraph (A)(ii)—
(i) by inserting ‘‘that are not fire departments and’’
after ‘‘community organizations’’;
(ii) by inserting ‘‘and firefighter research and
development programs,’’ after ‘‘fire safety programs and
activities,’’; and
(iii) by inserting ‘‘and research to improve fire-
fighter health and life safety’’ after ‘‘fire prevention
programs’’;
(C) in subparagraph (B), by striking ‘‘to children from
fire’’ and inserting ‘‘to high risk groups from fire, as well
as research programs that demonstrate the potential to
improve firefighter safety’’; and
(D) by adding at the end the following new subpara-
graph:
‘‘(C) GRANT LIMITATION.—A grant under this paragraph
shall not be greater than $1,000,000 for a fiscal year.’’;
(6) in subsection (b)(5)(B)—
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following new
clause:
‘‘(iv) OTHER
FEDERAL
SUPPORT.—A list of other
sources of Federal funding received by the applicant.
The Director, in coordination with the Secretary of
Homeland Security, shall use such list to prevent
unnecessary duplication of grant funds.’’.
(7) in subsection (b)(6), by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), the Director 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 ORGANIZA-
TIONS.—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; and
‘‘(ii) serve jurisdictions of 20,000 or fewer residents,
the percent applied under the matching requirement
of subparagraph (A) shall be 5 percent.
H. R. 4200—387
‘‘(C) FIRE
PREVENTION
AND
FIREFIGHTER
SAFETY
GRANTS.—There shall be no matching requirement for a
grant described in paragraph (4)(A)(ii).’’;
(8) in subsection (b)(10)—
(A) by amending subparagraph (A) to read as follows:
‘‘(A) RECIPIENT LIMITATIONS.—A grant recipient under
subsection (b)(1)(A)—
‘‘(i) that serves a jurisdiction with 500,000 people
or less may not receive grants in excess of $1,000,000
for any fiscal year;
‘‘(ii) that serves a jurisdiction with more than
500,000 but not more than 1,000,000 people may not
receive grants in excess of $1,750,000 for any fiscal
year; and
‘‘(iii) that serves a jurisdiction with more than
1,000,000 people may not receive grants in excess of
$2,750,000 for any fiscal year.
The Director may award grants in excess of the limitations
provided in clause (i) and (ii) if the Director determines
that extraordinary need for assistance by a jurisdiction
warrants a waiver.’’;
(B) by redesignating subparagraph (B) as subpara-
graph (C);
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B) DISTRIBUTION.—Notwithstanding subparagraph
(A), no single recipient may receive more than the lesser
of $2,750,000 or one half of one percent of the funds appro-
priated under this section for a single fiscal year.’’; and
(D) by adding at the end the following new subpara-
graphs:
‘‘(D) REQUIREMENTS FOR GRANTS FOR EMERGENCY MED-
ICAL SERVICES.—Subject to the restrictions in subparagraph
(E), not less than 3.5 percent of the funds appropriated
under this section for a fiscal year shall be awarded for
purposes described in paragraph (3)(F).
‘‘(E) NONAFFILIATED EMS LIMITATION.—Not more than
2 percent of the funds appropriated to provide grants under
this section for a fiscal year shall be awarded to non-
affiliated EMS organizations.
‘‘(F) APPLICATION
OF
SELECTION
CRITERIA
TO
GRANT
APPLICATIONS FROM NONAFFILIATED EMS ORGANIZATIONS.—
In reviewing applications submitted by nonaffiliated EMS
organizations, the Director shall consider the extent to
which other sources of Federal funding are available to
provide assistance requested in such grant applications.’’;
(9) in subsection (b), by adding at the end the following
new paragraphs:
‘‘(13) ANNUAL
MEETING.—The Director shall convene an
annual meeting of individuals who are members of national
fire service organizations and are recognized for expertise in
firefighting or emergency medical services provided by fire serv-
ices, and who are not employees of the Federal Government,
for the purpose of recommending criteria for awarding grants
under this section for the next fiscal year and recommending
any necessary administrative changes to the grant program.
H. R. 4200—388
‘‘(14) GUIDELINES.—(A) Each year, prior to making any
grants under this section, the Director shall publish in the
Federal Register—
‘‘(i) guidelines that describe the process for applying
for grants and the criteria for awarding grants; and
‘‘(ii) an explanation of any differences between the
guidelines and the recommendations made pursuant to
paragraph (13).
‘‘(B) The criteria for awarding grants under subsection
(b)(1)(A) shall include the extent to which the grant would
enhance the daily operations of the applicant and the impact
of such a grant on the protection of lives and property.
‘‘(15) PEER REVIEW.—The Director shall, after consultation
with national fire service organizations, appoint fire service
personnel to conduct peer review of applications received under
paragraph (5). In making grants under this section, the Director
shall consider the results of such peer review evaluations.
‘‘(16) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to activities under paragraphs (13) and (15).
‘‘(17) ACCOUNTING DETERMINATION.—Notwithstanding any
other provision of law, rule, regulation, or guidance, for pur-
poses of receiving assistance under this section, equipment
costs shall include, but not be limited to, all costs attributable
to any design, purchase of components, assembly, manufacture,
and transportation of equipment not otherwise commercially
available.’’;
(10) by amending subsection (d) to read as follows:
‘‘(d) DEFINITIONS.—In this section—
‘‘(1) the term ‘Director’ means the Director, acting through
the Administrator;
‘‘(2) the term ‘nonaffiliated EMS organization’ means a
public or private nonprofit emergency medical services
organization that is not affiliated with a hospital and does
not serve a geographic area in which the Director finds that
emergency medical services are adequately provided by a fire
department; and
‘‘(3) the term ‘State’ includes the District of Columbia and
the Commonwealth of Puerto Rico.’’; and
(11) in subsection (e)(1), by striking the first sentence and
inserting ‘‘There are authorized to be appropriated for the pur-
poses of this section $900,000,000 for fiscal year 2005,
$950,000,000 for fiscal year 2006, and $1,000,000,000 for each
of the fiscal years 2007 through 2009.’’.
SEC. 3603. REPORT ON ASSISTANCE TO FIREFIGHTERS.
(a) STUDY
AND REPORT
ON ASSISTANCE
TO FIREFIGHTERS.—
(1) STUDY.—The Administrator of the United States Fire
Administration, in conjunction with the National Fire Protec-
tion Association, shall conduct a study to—
(A) define the current roles and activities associated
with the fire services on a national, State, regional, and
local level;
(B) identify the equipment, staffing, and training
required to fulfill the roles and activities defined under
subparagraph (A);
H. R. 4200—389
(C) conduct an assessment to identify gaps between
what fire departments currently possess and what they
require to meet the equipment, staffing, and training needs
identified under subparagraph (B) on a national and State-
by-State basis; and
(D) measure the impact of the Assistance to Fire-
fighters Grant program under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
in meeting the needs of the fire services identified in the
report submitted to Congress under section 1701(b) of the
Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 and filling the gaps identified under
subparagraph (C).
(2) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of Rep-
resentatives a report on the findings of the study described
in paragraph (1).
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the United States Fire Administration
$300,000 for fiscal year 2005 to carry out the study required by
subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.