[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