[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2403 Engrossed in Senate (ES)]
<DOC>
108th CONGRESS
2d Session
S. 2403
_______________________________________________________________________
AN ACT
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.
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. 311 National Academy of Sciences study.
Sec. 3118. Annual report on expenditures for safeguards and security.
Sec. 3119. Authority to consolidate counterintelligence offices of
Department of Energy and National Nuclear
Security Administration within National
Nuclear Security Administration.
Sec. 3120. Treatment of waste material.
Sec. 3121. Local stakeholder organizations for Department of Energy
environmental management 2006 closure
sites.
Sec. 3122. Report on maintenance of retirement benefits for certain
workers at 2006 closure sites after closure
of sites.
Sec. 3123. Report on Efforts of National Nuclear Security
Administration to understand plutonium
aging.
Subtitle C--Proliferation Matters
Sec. 3131. Modification of authority to use international nuclear
materials protection and cooperation
program funds outside the former Soviet
Union.
Sec. 3132. Acceleration of removal or security of fissile materials,
radiological materials, and related
equipment at vulnerable sites worldwide.
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.
Subtitle E--Energy Employees Occupational Illness Compensation Program
Sec. 3161. Coverage of individuals employed at atomic weapons employer
facilities during periods of residual
contamination.
Sec. 3162. Update of report on residual contamination of facilities.
Sec. 3163. Workers compensation.
Sec. 3164. Termination of effect of other enhancements of Energy
Employees Occupational Illness Compensation
Program.
Sec. 3165. Sense of Senate on resource center for energy employees
under Energy Employee Occupational Illness
Compensation Program in Western New York
and Western Pennsylvania region.
Sec. 3166. Review by Congress of individuals designated by President as
members of cohort.
Sec. 3167. Inclusion of certain former nuclear weapons program workers
in special exposure cohort under the Energy
Employees Occupational Illness Compensation
Program.
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. 3303. Prohibition on storage of mercury at certain facilities.
TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT
Sec. 3401. Short Title.
Sec. 3402. Findings.
Sec. 3403. Definition of hate crime.
Sec. 3404. Support for criminal investigations and prosecutions by
State and local law enforcement officials.
Sec. 3405. Grant Program.
Sec. 3406. Authorization for additional personnel to assist State and
local law enforcement.
Sec. 3407. Prohibition of certain hate crime acts.
Sec. 3408. Duties of Federal Sentencing Commission.
Sec. 3409. Statistics.
Sec. 3410. Severability.
TITLE XXXV--ASSISTANCE TO FIREFIGHTERS
Sec. 3501. Short title.
Sec. 3502. Authority of Secretary of Homeland Security for Firefighter
Assistance Program.
Sec. 3503. Grants to volunteer emergency medical service organizations.
Sec. 3504. Grants for automated external defibrillator devices.
Sec. 3505. Criteria for reviewing grant applications.
Sec. 3506. Financial assistance for firefighter safety programs.
Sec. 3507. Assistance for applications.
Sec. 3508. Reduced requirements for matching funds.
Sec. 3509. Grant recipient limitations.
Sec. 3510. Other considerations.
Sec. 3511. Reports to congress.
Sec. 3512. Technical corrections.
Sec. 3513. Authorization of appropriations.
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
approved by the Nuclear Regulatory Commission;
(2) has had highly radioactive radionuclides removed to the
maximum extent practical in accordance with the Nuclear
Regulatory Commission-approved 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.
(e) Construction.--(1) Nothing in this section shall affect, alter,
or modify the full implementation of--
(A) the settlement agreement entered into by the United
States with the State of Idaho in the actions captioned Public
Service Co. of Colorado v. Batt, Civil No. 91-0035-S-EJL, and
United States v. Batt, Civil No. 91-0054-S-EJL, in the United
States District Court for the District of Idaho, and the
consent order of the United States District Court for the
District of Idaho, dated October 17, 1995, that effectuates the
settlement agreement;
(B) the Idaho National Engineering Laboratory Federal
Facility Agreement and Consent Order; or
(C) the Hanford Federal Facility Agreement and Consent
Order.
(2) Nothing in this section establishes any precedent or is binding
on the State of Idaho, the State of Washington, the State of Oregon, or
any other State for the management, storage, treatment, and disposition
of radioactive and hazardous materials.
SEC. 3117.NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Review by National Research Council.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Energy
shall enter into a contract with the National Research Council of the
National Academies to conduct a study of the necessary technologies and
research gaps in the Department of Energy's program to remove high-
level radioactive waste from the storage tanks at the Department's
sites in South Carolina, Washington and Idaho.
(b) Matters To Be Addressed in Study.--The study shall address the
following:
(1) the quantities and characteristics of waste in each
high-level waste storage tank described in paragraph (a),
including data uncertainties;
(2) the technologies by which high-level radioactive waste
is currently being removed from the tanks for final disposal
under the Nuclear Waste Policy Act;
(3) technologies currently available but not in use in
removing high-level radioactive waste from the tanks;
(4) any technology gaps that exist to effect the removal of
high-level radioactive waste from the tanks;
(5) other matters that in the judgement of the National
Research Council directly relate to the focus of this study.
(c) Time Limitation--The National Research Council shall conduct
the review over a one year period beginning upon execution of the
contract described in subsection (a).
(d) Reports.--(1) The National Research Council shall submit its
findings, conclusions and recommendations to the Secretary of Energy
and to the relevant Committees of jurisdiction of the United States
Senate and House of Representatives.
(2) The final report shall be submitted in unclassified
form with classified annexes as necessary.
(e) Provision of Information.--The Secretary of Energy shall make
available to the National Research Council all of the information
necessary to complete its report in a timely manner.
(f) Expedited Processing of Security Clearances.--For purposes of
facilitating the commencement of the study under this section, the
Secretary of Energy shall expedite to the fullest degree possible the
processing of security clearances that are necessary for the National
Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated in
section 3102(a)(1) for environmental management for defense site
acceleration completion, $750,000 shall be available for the study
authorized under this section.
SEC. 3118. 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. 3119. 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. 3120. TREATMENT OF WASTE MATERIAL.
(a) Availability of Funds for Treatment.--Of the amount authorized
to be appropriated by section 3102(a)(1) for environmental management
for defense site acceleration completion, $350,000,000 shall be
available for the following purposes at the sites referred to in
subsection (b):
(1) The safe management of tanks or tank farms used to
store waste from reprocessing activities.
(2) The on-site treatment and storage of wastes from
reprocessing activities and related waste.
(3) The consolidation of tank waste.
(4) The emptying and cleaning of storage tanks.
(5) Actions under section 3116.
(b) Sites.--The sites referred to in this subsection are as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho.
(2) The Savannah River Site, Aiken, South Carolina.
(3) The Hanford Site, Richland, Washington.
(c) Effective Date.--This section shall become effective 1 day
after enactment.
SEC. 3121. 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 elected officials of local governments in
the vicinity of the closure site concerned as the Secretary considers
appropriate to carry out the responsibilities set forth in subsection
(c) who agree to serve on the organization, or the designees of such
officials.
(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 and post-closure
operations of the site;
(2) disseminate information on the closure and post-closure
operations 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 or post-closure operations of the site;
(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
and post-closure operations of the site; and
(4) perform such other duties as the Secretary and the
local stakeholder organization jointly determine appropriate to
assist the Secretary in meeting post-closure obligations of the
Department at 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) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to local
stakeholder organizations under this section.
(f) 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. 3122. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR CERTAIN
WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary of Energy for
Environmental Management shall submit to the Secretary of Energy a
report on the maintenance of 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.
SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.
(a) Study.--(1) The Administrator for Nuclear Security shall enter
into a contract with a Federally Funded Research and Development Center
(FFRDC) providing for a study to assess the efforts of the National
Nuclear Security Administration to understand the aging of plutonium in
nuclear weapons.
(2) The Administrator shall make available to the FFRDC contractor
under this subsection all information that is necessary for the
contractor to successfully complete a meaningful study on a timely
basis.
(b) Report Required.--(1) Not later than two years after the date
of the enactment of this Act, the Administrator shall submit to
Congress a report on the findings of the study on the efforts of the
Administration to understand the aging of plutonium in nuclear weapons.
(2) The report shall include the recommendations of the study for
improving the knowledge, understanding, and application of the
fundamental and applied sciences related to the study of plutonium
aging.
(3) The report shall be submitted in unclassified form, but may
include a classified annex.
Subtitle C--Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE 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.
SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS,
RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT
VULNERABLE SITES WORLDWIDE.
(a) Sense of Congress.--(1) It is the sense of Congress that the
security, including the rapid removal or secure storage, of high-risk,
proliferation-attractive fissile materials, radiological materials, and
related equipment at vulnerable sites worldwide should be a top
priority among the activities to achieve the national security of the
United States.
(2) It is the sense of Congress that the President may establish in
the Department of Energy a task force to be known as the Task Force on
Nuclear Materials to carry out the program authorized by subsection
(b).
(b) Program Authorized.--The Secretary of Energy may carry out a
program to undertake an accelerated, comprehensive worldwide effort to
mitigate the threats posed by high-risk, proliferation-attractive
fissile materials, radiological materials, and related equipment
located at sites potentially vulnerable to theft or diversion.
(c) Program Elements.--(1) Activities under the program under
subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or eliminate
proliferation-attractive fissile materials or radiological
materials in research reactors, other reactors, and other
facilities worldwide.
(B) Arrangements for the secure shipment of proliferation-
attractive fissile materials, radiological materials, and
related equipment to other countries willing to accept such
materials and equipment, or to the United States if such
countries cannot be identified, and the provision of secure
storage or disposition of such materials and equipment
following shipment.
(C) The transportation of proliferation-attractive fissile
materials, radiological materials, and related equipment from
sites identified as proliferation risks to secure facilities in
other countries or in the United States.
(D) The processing and packaging of proliferation-
attractive fissile materials, radiological materials, and
related equipment in accordance with required standards for
transport, storage, and disposition.
(E) The provision of interim security upgrades for
vulnerable, proliferation-attractive fissile materials and
radiological materials and related equipment pending their
removal from their current sites.
(F) The utilization of funds to upgrade security and
accounting at sites where proliferation-attractive fissile
materials or radiological materials will remain for an extended
period of time in order to ensure that such materials are
secure against plausible potential threats and will remain so
in the future.
(G) The management of proliferation-attractive fissile
materials, radiological materials, and related equipment at
secure facilities.
(H) Actions to ensure that security, including security
upgrades at sites and facilities for the storage or disposition
of proliferation-attractive fissile materials, radiological
materials, and related equipment, continues to function as
intended.
(I) The provision of technical support to the International
Atomic Energy Agency (IAEA), other countries, and other
entities to facilitate removal of, and security upgrades to
facilities that contain, proliferation-attractive fissile
materials, radiological materials, and related equipment
worldwide.
(J) The development of alternative fuels and irradiation
targets based on low-enriched uranium to convert research or
other reactors fueled by highly-enriched uranium to such
alternative fuels, as well as the conversion of reactors and
irradiation targets employing highly-enriched uranium to
employment of such alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-
enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and
decommissioning of sites identified as presenting risks of
proliferation of proliferation-attractive fissile materials,
radiological materials, and related equipment.
(M) Programs to--
(i) assist in the placement of employees displaced
as a result of actions pursuant to the program in
enterprises not representing a proliferation threat;
and
(ii) convert sites identified as presenting risks
of proliferation regarding proliferation-attractive
fissile materials, radiological materials, and related
equipment to purposes not representing a proliferation
threat to the extent necessary to eliminate the
proliferation threat.
(2) The Secretary of Energy shall, in coordination with the
Secretary of State, carry out the program in consultation with, and
with the assistance of, appropriate departments, agencies, and other
entities of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of the
Secretary of State, carry out activities under the program in
collaboration with such foreign governments, non-governmental
organizations, and other international entities as the Secretary
considers appropriate for the program.
(d) Reports.--(1) Not later than March 15, 2005, the Secretary
shall submit to Congress a classified interim report on the program
under subsection (b).
(2) Not later than January 1, 2006, the Secretary shall submit to
Congress a classified final report that includes the following:
(A) A survey by the Secretary of the facilities and sites
worldwide that contain proliferation-attractive fissile
materials, radiological materials, or related equipment.
(B) A list of sites determined by the Secretary to be of
the highest priority, taking into account risk of theft from
such sites, for removal or security of proliferation-attractive
fissile materials, radiological materials, or related
equipment, organized by level of priority.
(C) A plan, including activities under the program under
this section, for the removal, security, or both of
proliferation-attractive fissile materials, radiological
materials, or related equipment at vulnerable facilities and
sites worldwide, including measurable milestones, metrics, and
estimated costs for the implementation of the plan.
(3) A summary of each report under this subsection shall also be
submitted to Congress in unclassified form.
(e) Funding.--Amounts authorized to be appropriated to the
Secretary of Energy for defense nuclear nonproliferation activities
shall be available for purposes of the program under this section.
(f) Definitions.--In this section:
(1) The term ``fissile materials'' means plutonium, highly-
enriched uranium, or other material capable of sustaining an
explosive nuclear chain reaction, including irradiated items
containing such materials if the radiation field from such
items is not sufficient to prevent the theft or misuse of such
items.
(2) The term ``radiological materials'' includes Americium-
241, Californium-252, Cesium-137, Cobalt-60, Iridium-192,
Plutonium-238, Radium-226 and Strontium-90, Curium-244,
Strontium-90, and irradiated items containing such materials,
or other materials designated by the Secretary of Energy for
purposes of this paragraph.
(3) The term ``related equipment'' includes equipment
useful for enrichment of uranium in the isotope 235 and for
extraction of fissile materials from irradiated fuel rods and
other equipment designated by the Secretary of Energy for
purposes of this section.
(4) The term ``highly-enriched uranium'' means uranium
enriched to or above 20 percent in isotope 235.
(5) The term ``low-enriched uranium'' means uranium
enriched below 20 percent in isotope 235.
(6) The term ``proliferation-attractive'', in the case of
fissile materials and radiological materials, means quantities
and types of such materials that are determined by the
Secretary of Energy to present a significant risk to the
national security of the United States if diverted to a use
relating to proliferation.
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.
The Secretary of Energy shall require that the primary management
and operations contract for Los Alamos National Laboratory, New Mexico,
that involves Laboratory operations after September 30, 2005, shall
contain terms requiring the contractor under such contract to provide
support to the Los Alamos Public School District, New Mexico, for the
elementary and secondary education of students by the School District
in the amount of $8,000,000 in each fiscal year.
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, PURSUANT
TO COMPETITIVE CONTRACT.
(a) Contract Requirement.--The Secretary of Energy shall use
competitive procedures to enter into a contract to conduct independent
reviews and evaluations of the design, construction, and operations of
the Waste Isolation Pilot Plant in New Mexico (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).
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF ENERGY
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section 3143,
relating to enhancements of the Energy Employees Occupational Illness
Compensation Program, shall have no force or effect, and the amendments
specified in such section shall not be made.
SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY EMPLOYEES
UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA
REGION.
(a) Findings.--The Senate makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer
facilities, and 14 such facilities in western New York. Despite
having one of the greatest concentrations of such facilities in
the United States, western New York, and abutting areas of
Pennsylvania, continue to be severely underserved by the Energy
Employees Occupational Illness Compensation Program under the
Energy Employees Occupational Illness Compensation Program Act
of 2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test Site,
Nevada, the Rocky Flats Environmental Technology Site,
Colorado, the Idaho National Engineering Laboratory, Idaho, and
the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in the
United States.
(b) Sense of Senate.--It is the sense of the Senate to encourage
the Office of Ombudsman of the Department of Labor, as established by
section 3669 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (as amended by section 3163 of this Act), to--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New
York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DESIGNATED BY PRESIDENT AS
MEMBERS OF COHORT.
Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10 7384l(14)(C)(ii))
is amended by striking ``180 days'' and inserting ``60 days.''
SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR WEAPONS PROGRAM WORKERS
IN SPECIAL EXPOSURE COHORT UNDER THE ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility and the Weldon
Springs facility) were exposed to levels of radionuclides and
radioactive materials that were much greater than the current
maximum allowable Federal standards.
(2) The Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure.
(3)(A) The chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with respect
to worker exposures.
(B) Workers were excreting in excess of a milligram of
uranium per day causing kidney damage.
(C) A recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts.
(4) The Department of Energy has admitted that those
Mallinkrodt workers were subjected to risks and had their
health endangered as a result of working with these highly
radioactive materials.
(5) The Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive.
(6) The National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site
consisted of intense periods of processing extremely
high levels of radionuclides; and
(B) the Institute has virtually no personal
monitoring data for Mallinkrodt workers prior to 1948.
(7) The National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
Mallinkrodt sites that if they are not interviewed as a part of
the dose reconstruction process, it--
(A) would hinder the ability of the Institute to
conduct dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that
incompletely or inaccurately estimates the radiation
dose to which the energy employee named in the claim
had been exposed.
(8) Energy workers at the Iowa Army Ammunition Plant (also
known as the Burlington Atomic Energy Commission Plant and the
Iowa Ordnance Plant) between 1947 and 1975 were exposed to
levels of radionuclides and radioactive material, including
enriched uranium, plutonium, tritium, and depleted uranium, in
addition to beryllium and photon radiation, that are greater
than the current maximum Federal standards for exposure.
(9) According to the National Institute of Occupational
Safety and Health--
(A) between 1947 and 1975, no records, including
bioassays or air samples, have been located that
indicate any monitoring occurred of internal doses of
radiation to which workers described in paragraph (8)
were exposed;
(B) between 1947 and 1955, no records, including
dosimetry badges, have been located to indicate that
any monitoring occurred of the external doses of
radiation to which such workers were exposed;
(C) between 1955 and 1962, records indicate that
only 8 to 23 workers in a workforce of over 1,000 were
monitored for external radiation doses; and
(D) between 1970 and 1975, the high point of
screening at the Iowa Army Ammunition Plant, only 25
percent of the workforce was screened for exposure to
external radiation.
(10) The Department of Health and Human Services published
the first notice of proposed rulemaking concerning the Special
Exposure Cohort on June 25, 2002, and the final rule published
on May 26, 2004.
(11) Many of those former workers have died while waiting
for the proposed rule to be finalized, including some claimants
who were waiting for dose reconstruction to be completed.
(12) Because of the aforementioned reasons, including the
serious lack of records and the death of many potential
claimants, it is not feasible to conduct valid dose
reconstructions for the Iowa Army Ammunition Plant facility or
the Mallinkrodt facilities.
(b) Inclusion of Certain Former Workers in Cohort.--Section
3621(14) of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (title XXXVI of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Subject to the provisions of section 3612A
and section 3146(e) of the National Defense
Authorization Act for Fiscal Year 2005, the employee
was so employed for a number of work days aggregating
at least 45 workdays at a facility operated under
contract to the Department of Energy by Mallinkrodt
Incorporated or its successors (including the St. Louis
downtown or `Destrehan' facility during any of calendar
years 1942 through 1958 and the Weldon Springs feed
materials plant facility during any of calendar years
1958 through 1966), or at a facility operated by the
Department of Energy or under contract by Mason &
Hangar-Silas Mason Company at the Iowa Army Ammunition
Plant (also known as the Burlington Atomic Energy
Commission Plant and the Iowa Ordnance Plant) during
any of the calendar years 1947 through 1975, and during
the employment--
``(i)(I) was monitored through the use of
dosimetry badges for exposure at the plant of
the external parts of an employee's body to
radiation; or
``(II) was monitored through the use of
bioassays, in vivo monitoring, or breath
samples for exposure at the plant to internal
radiation; or
``(ii) worked in a job that had exposures
comparable to a job that is monitored, or
should have been monitored, under standards of
the Department of Energy in effect on the date
of enactment of this subparagraph through the
use of dosimetry badges for monitoring external
radiation exposures, or bioassays, in vivo
monitoring, or breath samples for internal
radiation exposures, at a facility.''.
(c) Funding of Compensation and Benefits.--(1) Such Act is further
amended by inserting after section 3612 the following new section:
``SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS FOR CERTAIN MEMBERS
OF THE SPECIAL EXPOSURE COHORT.
``(a) Authorization of Appropriations.--There is hereby authorized
to be appropriated to the Department of Labor for each fiscal year
after fiscal year 2004 such sums as may be necessary for the provision
of compensation and benefits under the compensation program for members
of the Special Exposure Cohort described in section 3621(14)(C) in such
fiscal year.
``(b) Prohibition on Use for Administrative Costs.--(1) No amount
authorized to be appropriated by subsection (a) may be utilized for
purposes of carrying out the compensation program for the members of
the Special Exposure Cohort referred to in that subsection or
administering the amount authorized to be appropriated by subsection
(a).
``(2) Amounts for purposes described in paragraph (1) shall be
derived from amounts authorized to be appropriated by section 3614(a).
``(c) Provision of Compensation and Benefits Subject to
Appropriations Acts.--The provision of compensation and benefits under
the compensation program for members of the Special Exposure Cohort
referred to in subsection (a) in any fiscal year shall be subject to
the availability of appropriations for that purpose for such fiscal
year and to applicable provisions of appropriations Acts.''.
(2) Section 3612(d) of such Act (42 U.S.C. 7384e(d)) is amended--
(A) by inserting ``(1)'' before ``Subject''; and
(B) by adding at the end the following new paragraph:
``(2) Amounts for the provision of compensation and benefits under
the compensation program for members of the Special Exposure Cohort
described in section 3621(14)(C) may be derived from amounts authorized
to be appropriated by section 3612A(a).''.
(d) Offset.--The total amount authorized to be appropriated under
subtitle A of this title is hereby reduced by $61,000,000.
(e) Certification.--Funds shall be available to pay claims approved
by the National Institute of Occupational Safety and Health for a
facility by reason of section 3621(14)(C) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by
subsection (b)(2), if the Director of the National Institute of
Occupational Safety and Health certifies with respect to such facility
each of the following:
(1) That no atomic weapons work or related work has been
conducted at such facility after 1976.
(2) That fewer than 50 percent of the total number of
workers engaged in atomic weapons work or related work at such
facility were accurately monitored for exposure to internal and
external ionizing radiation during the term of their
employment.
(3) That individual internal and external exposure records
for employees at such facility are not available, or the
exposure to radiation of at least 40 percent of the exposed
workers at such facility cannot be determined from the
individual internal and external exposure records that are
available.
(f) Sense of the Senate.--It is the sense of the Senate that all
employees who are eligible to apply for benefits under the compensation
program established by the Energy Employees Occupational Illness
Compensation Act should be treated fairly and equitably with regard to
inclusion under the special exposure cohort provisions of this Act.
TITLE XXXII--DEFENSE 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.''.
SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES.
(a) Prohibition.--The Secretary of Defense may not store mercury
from the National Defense Stockpile at any facility that is not owned
or leased by the United States.
(b) National Defense Stockpile Defined.--In this section, the term
``National Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
TITLE XXXIV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT.
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Local Law Enforcement Enhancement
Act of 2004''.
SEC. 3402. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, or disability of the victim poses a serious
national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) The prominent characteristic of a violent crime
motivated by bias is that it devastates not just the actual
victim and the family and friends of the victim, but frequently
savages the community sharing the traits that caused the victim
to be selected.
(6) Such violence substantially affects interstate commerce
in many ways, including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(9) Such violence is committed using articles that have
traveled in interstate commerce.
(10) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(11) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(12) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(13) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States and local
jurisdictions.
SEC. 3403. DEFINITION OF HATE CRIME.
In this title, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY
STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a law enforcement
official of a State or Indian tribe, the Attorney General may
provide technical, forensic, prosecutorial, or any other form
of assistance in the criminal investigation or prosecution of
any crime that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code);
(B) constitutes a felony under the laws of the
State or Indian tribe; and
(C) is motivated by prejudice based on the race,
color, religion, national origin, gender, sexual
orientation, or disability of the victim, or is a
violation of the hate crime laws of the State or Indian
tribe.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than 1 State and to
rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
assist State, local, and Indian law enforcement officials with
the extraordinary expenses associated with the investigation
and prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program, the Office of Justice Programs shall work closely with
the funded jurisdictions to ensure that the concerns and needs
of all affected parties, including community groups and
schools, colleges, and universities, are addressed through the
local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State that desires a grant
under this subsection shall submit an application to
the Attorney General at such time, in such manner, and
accompanied by or containing such information as the
Attorney General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State or political subdivision
of a State or tribal official applying for assistance
under this subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, political
subdivision, or Indian tribe lacks the
resources necessary to investigate or prosecute
the hate crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State,
political subdivision, or tribal official has
consulted and coordinated with nonprofit,
nongovernmental victim services programs that
have experience in providing services to
victims of hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 30 business days after the date on which
the Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction within a 1 year
period.
(6) Report.--Not later than December 31, 2005, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2005 and 2006.
SEC. 3405. GRANT PROGRAM.
(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2005, 2006, and 2007 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 249 of title 18, United States
Code, as added by section __07.
SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) he or she has reasonable cause to believe that the
actual or perceived race, color, religion, national origin,
gender, sexual orientation, or disability of any person was a
motivating factor underlying the alleged conduct of the
defendant; and
``(2) he or his designee or she or her designee has
consulted with State or local law enforcement officials
regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given the term in section 232 of this title; and
``(2) the term `firearm' has the meaning given the term in
section 921(a) of this title.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to the
authority provided under section 994 of title 28, United States Code,
the United States Sentencing Commission shall study the issue of adult
recruitment of juveniles to commit hate crimes and shall, if
appropriate, amend the Federal sentencing guidelines to provide
sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an offense)
for adult defendants who recruit juveniles to assist in the commission
of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 3409. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,''
after ``race,''.
SEC. 3410. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
TITLE XXXV--ASSISTANCE TO FIREFIGHTERS.
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Assistance to Firefighters Act of
2004''.
SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR FIREFIGHTER
ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(1) of section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by
striking ``Director'' in the matter preceding subparagraph (A) and
inserting ``Secretary of Homeland Security, in consultation with the
Administrator,''.
(b) Conforming Amendment.--Such section is further amended by
striking ``Director'' each place it appears and inserting ``Secretary
of Homeland Security''.
(c) Technical Amendment.--The heading of subsection (b)(8) of such
section is amended by striking ``Director'' and inserting
``Secretary''.
SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.
(a) Authority To Award Grants to Volunteer Emergency Medical
Service Squads.--Paragraph (1)(A) of section 33(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by
inserting ``or to volunteer emergency medical service organizations''
after ``fire departments''.
(b) Use of Grant Funds.--Paragraph (3)(F) of such section is
amended by inserting ``or volunteer emergency medical service
organizations that are not affiliated with a for-profit entity'' after
``fire departments''.
(c) Special Rule for Applications for Volunteer Emergency Medical
Services.--Paragraph (5) of such section is amended by adding at the
end, the following new subparagraph:
``(C) Special rule for volunteer emergency medical
services.--The Secretary of Homeland Security shall
permit an applicant seeking grant funds for volunteer
emergency medical services under paragraph (3)(F) to
use the same application form to seek grant funds for
one or more of the other purposes set out in
subparagraphs (A) through (O) of paragraph (3).''.
SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES.
Paragraph (3) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)) is amended by adding at the end
the following new subparagraph:
``(O) To obtain automated external defibrillator
devices.''.
SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICATIONS.
Paragraph (2) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)) is amended to read as follows:
``(2) Criteria and review of applications.--
``(A) Preliminary review criteria.--
``(i) In general.--The Secretary of
Homeland Security shall establish specific
criteria for the preliminary review of an
application submitted under this section. If an
application does not meet such criteria, the
application may not receive further
consideration for a grant under this section.
``(ii) Annual review of criteria.--Not less
often than once each year, the Secretary of
Homeland Security, in consultation with the
Administrator, shall convene a meeting of
individuals who are members of a fire service
and are recognized for expertise in
firefighting or in emergency medical services
provided by fire services, and who are not
employees of the Federal Government for the
purpose of reviewing and proposing changes to
the criteria established under clause (i).
``(B) Selection through review by experts.--
``(i) Requirement for review.--The
Secretary of Homeland Security shall award
grants under this section based on the review
of applications for such grants by a panel of
fire service personnel appointed by a national
organization recognized for expertise in the
operation and administration of fire services.
``(ii) Role of the secretary.--The
Secretary of Homeland Security shall provide
for the administration of the review panel
described in clause (i) and shall ensure that
an individual appointed to such panel is a
recognized expert in firefighting, medical
services provided by fire services, fire
prevention, or research on firefighter
safety.''.
SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY PROGRAMS.
(a) Authority.--Paragraph (1)(B) of section 33(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended
by inserting ``and firefighter safety'' after ``prevention''.
(b) Expansion of Existing Program.--
(1) Firefighter safety assistance.--Paragraph (4) of such
section is amended--
(A) in subparagraph (A)(ii), by striking
``organizations that are recognized'' and all that
follows and inserting ``organizations eligible under
subparagraph (B) for the purposes described in
subparagraph (C).''; and
(B) by striking subparagraph (B), and inserting the
following new subparagraphs:
``(B) Eligibility for assistance.--An organization
may be eligible for assistance under subparagraph
(A)(ii), if such organization is a national, State,
local, or community organization that is not a fire
service and that is recognized for experience and
expertise with respect to programs and activities that
promote--
``(i) fire prevention or fire safety; or
``(ii) the health and safety of
firefighting personnel.
``(C) Use of funds.--Assistance provided under
subparagraph (A)(ii) shall be used--
``(i) to carry out fire prevention
programs; or
``(ii) to fund research to improve the
health and safety of firefighting personnel.
``(D) Priority.--In selecting organizations
described in subparagraph (B) to receive assistance
under this paragraph, the Secretary of Homeland
Security shall give priority--
``(i) to organizations that focus on
preventing injuries from fire to members of
groups at high risk of such injuries, with an
emphasis on children; and
``(ii) to organizations that focus on
researching methods to improve the health and
safety of firefighting personnel.
``(E) Allocation of funds.--Not less than 66
percent of the total amount of funds made available in
a fiscal year to carry out this paragraph shall be made
available of the programs described in subparagraph
(A)(ii).''.
(2) Conforming amendment.--The heading of such paragraph is
amended to read as follows:
``(4) Fire prevention and firefighter safety programs.--''.
(c) Availability of Funds for Fire Prevention and Firefighter
Safety Programs.--Paragraph (4)(A) of such section, as amended by
subsection (b), is further amended in the matter preceding clause (i),
by striking ``5 percent'' and inserting ``6 percent''.
SEC. 3507. ASSISTANCE FOR APPLICATIONS.
Paragraph (5) of section 33(b) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 3(c), is
further amended by adding at the end the following new subparagraph:
``(D) Assistance to prepare an application.--The
Secretary of Homeland Security shall provide assistance
with the preparation of applications for grants under
this section.''.
SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING FUNDS.
(a) Amount Required.--Paragraph (6) of section 33(b) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended
by striking subparagraphs (A) and (B) and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary of Homeland Security may provide
assistance under this subsection only if the applicant
for such assistance agrees to match 20 percent of such
assistance for any fiscal year with an equal amount of
non-Federal funds.
``(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel--
``(i) serve jurisdictions of 50,000 or
fewer residents, the percent applied under the
matching requirement of subparagraph (A) shall
be 10 percent; or
``(ii) serve jurisdictions of 20,000 or
fewer residents, the percent applied under the
matching requirement of subparagraph (A) shall
be 5 percent.''.
(b) Exception.--Such paragraph, as amended by subsection (a), is
further amended by adding at the end the following new subparagraph:
``(C) Exception.--No matching funds may be required
under this subsection for assistance provided under
subparagraph (A)(ii) of paragraph (4) to an
organization described in subparagraph (B) of such
paragraph.''.
(c) Special Rule for Requests for Automated External Defibrillator
Devices.--Section 33(b) of such Act is further amended by adding at the
end the following new paragraph:
``(13) Special rules for grants for automated external
defibrillator devices.--
``(A) Limitations.--The Secretary of Homeland
Security shall reduce the percentage of non-Federal
matching funds for a grant as described in subparagraph
(B) if--
``(i) the applicant is requesting grant
funds to obtain one or more automated external
defibrillator devices, as authorized by
paragraph (3)(O);
``(ii) the award of such grant will result
in the applicant possessing exactly one such
device for each first-due emergency vehicle
operated by the applicant;
``(iii) the applicant certifies to the
Secretary of Homeland Security that the
applicant possesses, at the time such
application is filed, a number of such devices
that is less than the number of first-due
emergency vehicles operated by the applicant
and that the applicant is capable of storing,
in a manner conducive to rapid use, such
devices on each such vehicle; and
``(iv) the applicant has not previously
received a grant under this subsection to
obtain such devices.
``(B) Matching requirements.--If an applicant meets
the criteria set out in clauses (i), (ii), (iii), and
(iv) of subparagraph (A), the Secretary of Homeland
Security shall reduce the percentage of non-Federal
matching funds required by paragraph (6) by 2
percentage points for all assistance requested in the
application submitted by such applicant.
``(C) First-due defined.--In this paragraph, the
term `first-due' means the firefighting and emergency
medical services vehicles that are utilized by a fire
service for immediate response to an emergency
situation.''.
SEC. 3509. GRANT RECIPIENT LIMITATIONS.
(a) Limitations on Grant Amounts.--Subparagraph (A) of section
33(b)(10) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(b)(10)) is amended to read as follows:
``(A) Limitations on grant amount.--
``(i) General limitation.--Subject to
clause (ii), a recipient of assistance under
this section may not receive in a fiscal year
an amount of such assistance that exceeds the
greater of $2,250,000 or the amount equal to
0.5 percent of the total amount of funds
appropriated for such assistance for such
fiscal year.
``(ii) Limitations on basis of
population.--Subject to clause (iii), a
recipient of assistance under this section that
serves a jurisdiction of less than 1,000,000
individuals may not receive more than
$1,500,000 of such assistance for a fiscal
year, except that such a recipient that serves
a jurisdiction of less than 500,000 individuals
may not receive more than $1,000,000 of such
assistance during a fiscal year.
``(iii) Waiver.--With respect to assistance
provided in a fiscal year before fiscal year
2007, the Secretary of Homeland Security, in
consultation with the Administrator, may waive
the limitations set out in clause (ii) if the
Secretary determines that a waiver is warranted
by an extraordinary need for assistance for
fire suppression activities by a jurisdiction,
whether such need is caused by the likelihood
of terrorist attack, natural disaster,
destructive fires occurring over a large
geographic area, or some other cause.''.
(b) Limitations on Grants for Volunteer Emergency Medical
Services.--Such section, as amended by subsection (a), is further
amended by adding at the end the following new subparagraph:
``(C) Limitations on expenditures for volunteer
emergency medical services.--Not more than 3.5 percent
of the funds appropriated to provide grants under this
section for a fiscal year may be awarded to volunteer
emergency medical service organizations.''.
SEC. 3510. OTHER CONSIDERATIONS.
Section 33(b) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229(b)), as amended by section 8, is amended by adding
at the end the following new paragraph:
``(14) Other considerations.--In providing assistance under
this section, the Secretary of Homeland Security shall--
``(A) consider the extent to which the recipient of
such assistance is able to enhance the daily operations
of a fire service and to improve the protection of
people and property from fire; and
``(B) ensure that such assistance awarded to a
volunteer emergency medical service organization will
not be used to provide emergency medical services in a
geographic area if such services are adequately
provided by a fire service in such area.''.
SEC. 3511. REPORTS TO CONGRESS.
(a) Study and Report on Assistance to Firefighters.--
(1) Study.--The Secretary, in conjunction with the National
Fire Protection Association, shall conduct a study--
(A) to assess the types of activities that are
carried out by fire services;
(B) to determine whether the level of Federal
funding made available to fire services is adequate;
(C) to assess categories of services, including
emergency medical services, that are not adequately
provided by fire services on either the national or
State level; and
(D) to measure the effect, if any, of the
assistance provided under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) on the needs of fire services identified in the
report submitted to Congress under section 1701(b) of
the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-363).
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the findings of the study described in paragraph (1).
(b) Report by GAO.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on--
(1) the administration of the assistance provided under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229); and
(2) the success of the Secretary in administering the
Federal Emergency Management Agency.
(c) Report on Waiver of Amount Limitations.--Not later than 18
months after the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the instances, if any, of the use of the
waiver authority set out in section 33(b)(10)(A)(iii) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)(10)(A)(iii)), as added by section 9.
(d) Definitions.--In this section:
(1) Fire service.--The term ``fire service'' has the
meaning given that term in section 4 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3512. TECHNICAL CORRECTIONS.
(a) Repeal of Duplicative Definition.--Subsection (d) of section 33
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
is repealed.
(b) Redesignations Necessitated by Duplicative Numbering.--The
sections 33 and 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2230 and 2231) that were added by sections 105 and 106
of Public Law 106-503 (114 Stat. 2301) are redesignated as sections 34
and 35, respectively.
SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.
(a) Firefighter Assistance Programs.--Section 33(e) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(e)) is amended
by striking the first sentence and inserting ``There are authorized to
be appropriated for the purposes of this section $900,000,000 for
fiscal year 2005, $950,000,000 for fiscal year 2006, and $1,000,000,000
for each of the fiscal years 2007 through 2010.''.
(b) Study on Assistance to Firefighters.--There are authorized to
be appropriated to the Secretary of Homeland Security $300,000 for
fiscal year 2005 to carry out the requirements of section 4011(a).
Passed the Senate June 23 (legislative day, June 22), 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2403
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2005 for defense activities
of the Department of Energy, and for other purposes.