[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2403 Placed on Calendar Senate (PCS)]
Calendar No. 506
108th CONGRESS
2d Session
S. 2403
To authorize appropriations for fiscal year 2005 for defense activities
of the Department of Energy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2004
Mr. Warner, from the Committee on Armed Services, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for defense activities
of the Department of Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy National
Security Act for Fiscal Year 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on availability of funds for Modern Pit Facility.
Sec. 3112. Limitation on availability of funds for Advanced Nuclear
Weapons Concepts Initiative.
Sec. 3113. Limited authority to carry out new projects under Facilities
and Infrastructure Recapitalization Program
after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for
National Ignition Facility.
Sec. 3115. Modification of submittal date of annual plan for
stewardship, management, and certification
of warheads in the nuclear weapons
stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Annual report on expenditures for safeguards and security.
Sec. 3118. Authority to consolidate counterintelligence offices of
Department of Energy and National Nuclear
Security Administration within National
Nuclear Security Administration.
Sec. 3119. Treatment of disposition waste from reprocessing of low-
level or transuranic waste.
Sec. 3120. Local stakeholder organizations for Department of Energy
environmental management 2006 closure
sites.
Sec. 3121. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure
of sites.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use international nuclear
materials protection and cooperation
program funds outside the former Soviet
Union.
Subtitle D--Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3143. Enhancement of Energy Employees Occupational Illness
Compensation Program authorities.
Sec. 3144. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant
to competitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders
for acquisition of lands for Manhattan
Project in World War II.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Disposal of ferromanganese.
Sec. 3302. Revisions to required receipt objectives for certain
previously authorized disposals from the
National Defense Stockpile.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(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 activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,700,000.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available 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 locations, $11,600,000.
Project 05-D-401, Building 12-64 production 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 recapitalization:
Project 05-D-160, Facilities and Infrastructure
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.
Project 05-D-602, power grid infrastructure upgrade
(PGIU), Los Alamos National Laboratory, Los Alamos, New
Mexico, $10,000,000.
Project 05-D-603, new master substation, technical
areas I and IV, Sandia National Laboratories,
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:
(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 following 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 nuclear 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.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR MODERN PIT FACILITY.
(a) Limitation.--Of the amount authorized to be appropriated by
section 3101(a)(1) for the National Nuclear Security Administration for
weapons activities and available 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 nuclear
weapons stockpile plan specified in the joint explanatory
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 Nuclear
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 Administrator in conjunction with the Chairman of
the Nuclear Weapons Council.
(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 capability.
(c) Form of Report.--The report described in subsection (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 Advanced Nuclear Weapons Concepts
Initiative until 30 days after the date on which the Administrator for
Nuclear Security submits to the congressional defense committees a
detailed report on the activities for such studies under the Initiative
that are planned for fiscal year 2005.
(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 INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT
SELECTION DEADLINE.
(a) Limited Authority To Carry Out New Projects.--Section 3114(a)
of the National Defense Authorization 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 ``Deadline
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 paragraph:
``(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 approves the project. The Administrator may not
delegate the authority to approve projects under the preceding
sentence.
``(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 improvements).
``(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 defense committees a notice on the
project, including a description of the project and the nature of the
project, a statement 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 Recapitalization
Program under paragraph (1); or
``(ii) the date of the submittal to the congressional
defense committees of the report required by subsection (c).
``(F) A project may not be carried out under this paragraph 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 Program under
subsection (a) of section 3114 of the National Defense
Authorization Act for Fiscal Year 2004.
(2) The submittal of the report required by subsection (c)
of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR
NATIONAL IGNITION FACILITY.
(a) Notification on Milestones To Achieve Ignition.--Subsection (a)
of section 3137 of the National Defense 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
Ignition Facility.'' and inserting the following: ``each milestone 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 amended by striking ``a Level I
milestone or Level II milestone for the National Ignition Facility''
and inserting ``a milestone for the National Ignition Facility referred
to in subsection (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 baseline document.
``(2) The milestones of the National Ignition Facility 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 ignition and be a fully functioning user facility by
December 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 congressional defense committees a report setting
forth the milestones 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 NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C.
2523(c)) is amended is amended by striking ``March 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 provision 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 radioactive 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 radioactive waste pursuant
to criteria promulgated by the Department of Energy by rule in
consultation with the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-reviewed criteria; and
(3) in the case of material derived from the storage 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.
(b) Inapplicability to Certain Materials.--Subsection (a) shall not
apply to any material otherwise covered 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 notwithstanding the final criteria
adopted by the rulemaking pursuant to subsection (a).
(d) State Defined.--In this section, the term ``State'' means the
State of South Carolina.
SEC. 3117. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS 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:
``SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFEGUARDS 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 following:
``(1) A detailed description and accounting of the proposed
obligations and expenditures by the Department of Energy for
safeguards and security in carrying out programs necessary for
the national security for the fiscal year covered by such
budget, including any technologies on safeguards and security
proposed to be deployed or implemented during such fiscal year.
``(2) With respect to the fiscal year ending in the year
before the year in which such budget is submitted, 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 security in
effect or implemented during such fiscal year;
``(C) the amount obligated and expended for
safeguards and security during such fiscal year, set
forth by total amount, by amount per program, and by
amount per facility; and
``(D) the technologies on safeguards and security
deployed or implemented during such fiscal 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. 3118. AUTHORITY TO CONSOLIDATE COUNTERINTELLIGENCE OFFICES OF
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION WITHIN NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Authority.--The Secretary of Energy may consolidate the
counterintelligence programs and functions referred to in subsection
(b) within the Office of Defense Nuclear Counterintelligence of the
National Nuclear Security Administration and provide for their
discharge by that Office.
(b) Covered Programs and Functions.--The programs and functions
referred to in this subsection are as follows:
(1) The functions and programs of the Office of
Counterintelligence of the Department of Energy under section
215 of the Department of Energy Organization 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 consolidated 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 Capability.--In
consolidating counterintelligence programs and functions within the
National Nuclear Security Administration 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.
(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 committees 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 Office of
Defense Nuclear Counterintelligence of the National Nuclear
Security Administration and discharged by that Office;
(2) a notice of the date on which that Office shall
commence the discharge of such programs and functions, as so
consolidated; and
(3) a proposal for such legislative action as the Secretary
considers appropriate to effectuate the discharge of such
programs and functions, as so consolidated, 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. 3119. TREATMENT OF DISPOSITION WASTE FROM REPROCESSING OF LOW-
LEVEL OR TRANSURANIC WASTE.
(a) In General.--Subject to subsection (c) and except as provided
in subsection (d), of the amount authorized to be appropriated by
section 3102(1) for defense environmental management for defense site
acceleration completion, a total of $350,000,000 shall be available for
activities at each site referred to in subsection (b) to stabilize,
treat, or process for disposition waste from reprocessing of low-level
or transuranic waste.
(b) Covered Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
(c) Limitation.--Amounts referred to in subsection (a) shall be
available for activities described in that subsection at a site
referred to in subsection (b) only if the Secretary of Energy certifies
to the President and Congress that there is adequate certainty of the
legality of the disposition pathway contemplated by such activities at
such site as to warrant proceeding with such activities at such site.
(d) Deadline.--If the Secretary has not made a certification
described in subsection (c) regarding activities described in
subsection (a) at a site referred to in subsection (b) as of June 1,
2005, any funds referred to in subsection (a) that would otherwise be
available for such activities shall no longer be available to the
Department of Energy for any purpose as of that date.
SEC. 3120. LOCAL STAKEHOLDER ORGANIZATIONS FOR DEPARTMENT OF ENERGY
ENVIRONMENTAL MANAGEMENT 2006 CLOSURE SITES.
(a) Establishment.--(1) The Secretary of Energy shall establish for
each Department of Energy Environmental Management 2006 closure site a
local stakeholder organization having the responsibilities set forth in
subsection (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments in
the vicinity of the closure site concerned.
(b) Composition.--A local stakeholder organization for a Department
of Energy Environmental Management 2006 closure site under subsection
(a) shall be composed of such officers and employees of the Department
of Energy at the closure site as the Secretary considers appropriate to
carry out the responsibilities set forth in subsection (c).
(c) Responsibilities.--A local stakeholder organization for a
Department of Energy Environmental Management 2006 closure site under
subsection (a) shall--
(1) solicit and encourage public participation in
appropriate activities relating to the closure of the site;
(2) disseminate information on the closure of the site to
the State government of the State in which the site is located,
local and Tribal governments in the vicinity of the site, and
persons and entities having a stake in the closure of the site;
and
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
of the site.
(d) Deadline for Establishment.--The local stakeholder organization
for a Department of Energy Environmental Management 2006 closure site
shall be established not later than six months before the closure of
the site.
(e) Department of Energy Environmental Management 2006 Closure Site
Defined.--In this section, the term ``Department of Energy
Environmental Management 2006 closure site'' means each clean up site
of the Department of Energy scheduled by the Department as of January
1, 2004, for closure in 2006.
SEC. 3121. 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 retirements 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 Energy 2006
closure sites that could lose retirement benefits as a result
of the early closure of such a site.
(2) The impact on collective bargaining agreements 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 closure sites, to workers
at such sites who would otherwise 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 Secretary shall transmit
the report to Congress, together with such recommendations, including
recommendations for legislative action, as the Secretary 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 to perform cleanup, security, or administrative
duties or responsibilities at a Department of Energy 2006
closure site.
(3) The term ``retirement benefits'' means health, pension,
and any other retirement benefits.
Subtitle C--Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
MATERIALS PROTECTION 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 been authorized
by Congress'' after ``states of the former Soviet 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.
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 APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, 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 OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM 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
(3) in subsection (e), by striking ``If provided in an
agreement under subsection (a)'' and inserting ``If a panel has
reported a determination under subsection (d)(5)''.
(b) Physician Panels.--Subsection (d) of such section 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 experience 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 VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Support Through Current Management and Operations Contract.--
The Secretary of Energy shall modify applicable provisions of the
current management and operations contract for Los Alamos National
Laboratory, New Mexico, to require the contractor under the contract to
provide support to the Los Alamos Public School District, New Mexico,
for the elementary and secondary education of students by the School
District in an amount not to exceed $8,000,000 in each fiscal year.
(b) Support Through Succeeding Management and Operations
Contracts.--The Secretary shall ensure that each management and
operations contract for Los Alamos National Laboratory that is entered
into on or after the date of the enactment of this Act contains terms
requiring the contractor under such contract to provide support to the
Los Alamos Public School District for the elementary and secondary
education of students by the School District in an amount specified by
the Secretary in such contract that is appropriate for purposes of this
section.
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 (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 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 disciplines 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
required for scientists employed by the Federal Government 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 professional
staff shall be equivalent to those rates and procedures
provided for the General 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. 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).
(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 reasonable procedures by
which the claims for monies from the Fund shall be
administered, which recommendations shall include mechanisms--
(A) to identify class members;
(B) to receive claims from class members so
identified;
(C) to determine in accordance with subsection (d)
eligible claimants from among class members submitting
claims; and
(D) to resolve contests, if any, among eligible
claimants with respect to a particular eligible tract
regarding the disbursement of monies in the Fund with
respect to such eligible tract.
(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 process 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 member 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 further force
or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous
receipts.
(5) The Court may award attorney fees and expenses from the
Fund pursuant to rule 23 of the Federal 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 distribution 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 paragraph (5) shall be
allocated proportionally by eligible 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.
(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 eligible 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 determined 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 Manhattan 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, successor 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 constitute 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 consolidated 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 section 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
maximize its safety while earning a return comparable to other 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 appropriating 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 National 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.
(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 acquired 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 following:
(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 Manhattan Project.
(B) Any person or entity claiming to be the heir,
successor in interest, assignee, or beneficiary of 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
Manhattan Project.
(j) Funding.--Of the amount authorized to be appropriated by
section 3101(a)(4) for the National Nuclear Security Administration for
the Office of the Administrator for Nuclear Security, $10,000,000 shall
be available for deposit in the Fund under subsection (b)(1).
TITLE XXXII--DEFENSE NUCLEAR 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 Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized.--The Secretary of Defense may dispose of
up to 50,000 tons of ferromanganese from the National Defense Stockpile
during fiscal year 2005.
(b) Contingent Authority for Additional Disposal.--After the
disposal of ferromanganese authorized by subsection (a)--
(1) the Secretary may dispose of up to an additional 25,000
tons of ferromanganese from the National Defense Stockpile
before September 30, 2005; and
(2) if the Secretary completes the disposal authorized 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 may dispose of ferromanganese
under paragraph (1) or (2) of subsection (b) only if the Secretary,
with the concurrence of the Secretary of Commerce, certifies to the
congressional defense committees not later than 30 days before the
commencement of disposal under the applicable paragraph that--
(1) the disposal of ferromanganese under such paragraph is
in the national interest due to extraordinary 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 delegate the responsibility of such
Secretary under subsection (c) to an appropriate official within the
Department of Defense 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).
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR CERTAIN
PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
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 paragraph:
``(6) $870,000,000 by the end of fiscal year 2014.''.
Calendar No. 506
108th CONGRESS
2d Session
S. 2403
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for defense activities
of the Department of Energy, and for other purposes.
_______________________________________________________________________
May 11, 2004
Read twice and placed on the calendar