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Title of Law:Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Law #:Public Law 108-375
Passed by Congress:108th Congress (2nd Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain National Academies' studies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HR4200 Hunter (R-Calif.) 10/9/04
Enrolled (finally passed both houses)

To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

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TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

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SUBTITLE D—OTHER MATTERS

     Sec.    3141.    Indemnification of Department of Energy contractors.

     Sec.    3142.    Report on maintenance of retirement benefits for certain workers at 2006 closure sites after closure of sites.

     Sec.    3143.    Report on efforts of National Nuclear Security Administration to understand plutonium aging.

     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.    National Academy of Sciences study on management by Department of Energy of certain radioactive waste streams.

     Sec.    3147.    Compensation of Pajarito Plateau, New Mexico, homesteaders for acquisition of lands for Manhattan Project in World War II.

     Sec.    3148.    Modification of requirements relating to conveyances and transfer of certain land at Los Alamos National Laboratory, New Mexico.

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SEC. 3146. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE WASTE STREAMS.

(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon as practicable, enter into an arrangement with the National Research Council of the National Academy of Sciences to carry out a study of the plans of the Department of Energy to manage those waste streams specified in subsection (b) that—

(1) exceed the concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations; and

(2) the Department plans to dispose of on the sites specified in subsection (b)(3) rather than in a repository for spent nuclear fuel and high-level waste.

(b) COVERED WASTE STREAMS.—The waste streams referred to in subsection (a) are the streams of waste, from reprocessed spent nuclear fuel, that—

(1) exceed the concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations;

(2) the Department does not plan for disposal in a repository for spent nuclear fuel and high-level waste; and

(3) are stored in tanks at the following sites:

(A) The Savannah River Site, South Carolina.

(B) The Idaho National Engineering Laboratory, Idaho.

(C) The Hanford Reservation, Washington.

(c) MATTERS INCLUDED.—The study required by subsection (a) shall evaluate—

(1) the state of the Department’s understanding of the physical, chemical, and radiological characteristics of the waste referred to in subsection (b), including an assessment of data uncertainties;

(2) any actions additional to those contained in current plans that the Department should consider to ensure that the plans referred to in subsection (a) will comply with the performance objectives of part 61 of title 10, Code of Federal Regulations;

(3) the adequacy of the Department’s plans for monitoring disposal sites and the surrounding environment to verify compliance with those performance objectives;

(4) existing technology alternatives to the plans referred to in subsection (a) and, for each such alternative, an assessment of the cost, consequences for worker safety, and long-term consequences for environmental and human health;

(5) any technology gaps that exist to effect improved efficiency in removal and treatment of waste from the tanks referred to in subsection (b)(3); and

(6) any other matters that the National Research Council considers appropriate and directly related to the subject matter of the study.

(d) RECOMMENDATIONS.—In carrying out the study required by subsection (a), the National Research Council may develop recommendations it considers appropriate and directly related to the subject matter of the study. It is the sense of Congress that the National Research Council should develop recommendations on—

(1) improvements to the scientific and technical basis for managing the waste covered by the study, including the identification of technology alternatives and mitigation of technology gaps; and

(2) the best means of monitoring any on-site disposal sites from the waste streams referred to in subsection (b), to include soil, groundwater, and surface water monitoring.

(e) REPORTS.—(1) The National Research Council shall submit to the Secretary of Energy and the congressional committees described in paragraph (2)—

(A) not later than six months after entering into the arrangement required by subsection (a), an interim report on the study that, with respect to the requirements of subsection (c)(2), specifically addresses any additional actions the Department should consider to ensure that the Department’s plans for the Savannah River Site, including plans for grouting of tanks, will comply with the performance objectives referred to in that subsection in a more effective manner; and

(B) not later than one year after entering into the arrangement required by subsection (a), a final report on the study that includes all findings, conclusions, and recommendations.

(2) The congressional committees referred to in paragraph (1) are as follows:

(A) The Committee on Appropriations, Committee on Armed Services, and Committee on Energy and Commerce of the House of Representatives.

(B) The Committee on Appropriations, Committee on Armed Services, Committee on Energy and Natural Resources, and Committee on Environment and Public Works of the Senate.

(f) PROVISION OF INFORMATION.—The Secretary of Energy shall, in a timely manner, make available to the National Research Council all information that the National Research Council considers necessary to carry out its responsibilities under this section.

(g) RULE OF CONSTRUCTION.—This section shall not be construed to affect section 3116.

(h) FUNDING.—Of the amounts made available to the Department of Energy pursuant to the authorization of appropriations in section 3102, $1,500,000 shall be available only for carrying out the study required by this section.

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HRpt 108-767 - To accompany H.R. 4200 - to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
Conference Committee
(10/8/04)

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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

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SUBTITLE D—OTHER MATTERS

Sec. 3141. Indemnification of Department of Energy contractors.

Sec. 3142. Report on maintenance of retirement benefits for certain workers at 2006 closure sites after closure of sites.

Sec. 3143. Report on efforts of National Nuclear Security Administration to understand plutonium aging.

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. National Academy of Sciences study on management by Department of Energy of certain radioactive waste streams.

Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acquisition of lands for Manhattan Project in World War II.

Sec. 3148. Modification of requirements relating to conveyances and transfer of certain land at Los Alamos National Laboratory, New Mexico.

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SEC. 3146. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE WASTE STREAMS.

(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon as practicable, enter into an arrangement with the National Research Council of the National Academy of Sciences to carry out a study of the plans of the Department of Energy to manage those waste streams specified in subsection (b) that—

(1) exceed the concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations; and

(2) the Department plans to dispose of on the sites specified in subsection (b)(3) rather than in a repository for spent nuclear fuel and high-level waste.

(b) COVERED WASTE STREAMS.—The waste streams referred to in subsection (a) are the streams of waste, from reprocessed spent nuclear fuel, that—

(1) exceed the concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations;

(2) the Department does not plan for disposal in a repository for spent nuclear fuel and high-level waste; and

(3) are stored in tanks at the following sites:

(A) The Savannah River Site, South Carolina.

(B) The Idaho National Engineering Laboratory, Idaho.

(C) The Hanford Reservation, Washington.

(c) MATTERS INCLUDED.—The study required by subsection (a) shall evaluate—

(1) the state of the Department’s understanding of the physical, chemical, and radiological characteristics of the waste referred to in subsection (b), including an assessment of data uncertainties;

(2) any actions additional to those contained in current plans that the Department should consider to ensure that the plans referred to in subsection (a) will comply with the performance objectives of part 61 of title 10, Code of Federal Regulations;

(3) the adequacy of the Department’s plans for monitoring disposal sites and the surrounding environment to verify compliance with those performance objectives;

(4) existing technology alternatives to the plans referred to in subsection (a) and, for each such alternative, an assessment of the cost, consequences for worker safety, and long-term consequences for environmental and human health;

(5) any technology gaps that exist to effect improved efficiency in removal and treatment of waste from the tanks referred to in subsection (b)(3); and

(6) any other matters that the National Research Council considers appropriate and directly related to the subject matter of the study.

(d) RECOMMENDATIONS.—In carrying out the study required by subsection (a), the National Research Council may develop recommendations it considers appropriate and directly related to the subject matter of the study. It is the sense of Congress that the National Research Council should develop recommendations on—

(1) improvements to the scientific and technical basis for managing the waste covered by the study, including the identification of technology alternatives and mitigation of technology gaps; and

(2) the best means of monitoring any on-site disposal sites from the waste streams referred to in subsection (b), to include soil, groundwater, and surface water monitoring.

(e) REPORTS.—(1) The National Research Council shall submit to the Secretary of Energy and the congressional committees described in paragraph (2)—

(A) not later than six months after entering into the arrangement required by subsection (a), an interim report on the study that, with respect to the requirements of subsection (c)(2), specifically addresses any additional actions the Department should consider to ensure that the Department’s plans for the Savannah River Site, including plans for grouting of tanks, will comply with the performance objectives referred to in that subsection in a more effective manner; and

(B) not later than one year after entering into the arrangement required by subsection (a), a final report on the study that includes all findings, conclusions, and recommendations.

(2) The congressional committees referred to in paragraph (1) are as follows:

(A) The Committee on Appropriations, Committee on Armed Services, and Committee on Energy and Commerce of the House of Representatives.

(B) The Committee on Appropriations, Committee on Armed Services, Committee on Energy and Natural Resources, and Committee on Environment and Public Works of the Senate.

(f) PROVISION OF INFORMATION.—The Secretary of Energy shall, in a timely manner, make available to the National Research Council all information that the National Research Council considers necessary to carry out its responsibilities under this section.

(g) RULE OF CONSTRUCTION.—This section shall not be construed to affect section 3116.

(h) FUNDING.—Of the amounts made available to the Department of Energy pursuant to the authorization of appropriations in section 3102, $1,500,000 shall be available only for carrying out the study required by this section.

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Advanced battery technology initiative

The budget request included $41.2 million in PE 62705A for applied research in electronics and electronic devices.

The House bill would authorize an increase of $20.0 million in PE 62705A for an advanced battery technology initiative.

The Senate amendment contained no similar authorization.

The conferees agree to authorize an increase of $15.6 million in PE 62705A for an advanced battery technology initiative, which would fund programs selected on the basis of technical merit, cost effectiveness, and potential to meet service requirements, including the following areas: alkaline cylindrical cells; cylindrical zinc air batteries; high capacity nickel/zinc rechargeable cells; lithium battery technologies; lithium carbon monoflouride cells; and proton exchange membrane fuel cells.

The conferees note that in a recent study, “Meeting the Energy Needs of Future Warriors,” the National Research Council highlighted the importance of Army research on soldier power technologies, and indicated that “energy to power soldier systems, . . . must now be viewed on par with the other critical logistics commodities ammunition, fuel, food, and water.”

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SUBTITLE D OTHER MATTERS

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National Academy of Sciences study on management by Department of Energy of certain radioactive waste streams (sec. 3146)

The House bill contains a provision (sec. 3132) that would require the Secretary of Energy to enter into an agreement with the National Research Council of the National Academy of Sciences to complete a study of the plans of the Department of Energy (DOE) to manage certain waste streams that are not planned for disposal in a high-level repository. These streams are located at the Savannah River site, South Carolina, the Idaho National Engineering and Environmental Laboratory, Idaho, and the Hanford Reservation, Washington.

The provision would require the National Research Council to submit an interim report no later than six months after entering into the agreement with the Secretary and a final report no later than one year after entering such agreement.

The Senate amendment contained a similar provision (sec. 3117) that would authorize $750,000 for a similar study.

The Senate recedes with an amendment which would require the Secretary of Energy to enter into an arrangement with the National Research Council of the National Academy of Sciences (NAS) to carry out a study of the plans of the Department of Energy to manage waste, from reprocessed spent nuclear fuel, which exceeds the concentration limits for Class C low-level waste set out in section 61.55 of title 10, Code of Federal Regulations (CFR). The waste that is the subject of the study is stored in tanks at the Savannah River Site, in South Carolina, the Idaho National Engineering and Environmental Laboratory (INEEL), in Idaho, and the Hanford Reservation, in Washington, and it is waste which DOE does not plan to dispose of in a repository for spent nuclear fuel and high-level waste.

The conferees note that the study shall evaluate the state of the Department’s understanding of the physical, chemical, and radiological characteristics of the waste. Additionally, the study should evaluate any actions, in addition to those contained in the Department’s current plans, which should be considered to ensure the plan’s compliance with the performance objectives of part 61 of title 10, Code of Federal Regulations. In addition, the study shall evaluate the adequacy of the Department’s plans for monitoring disposal sites to verify compliance with the performance objectives in part 61 of title 10, Code of Federal Regulations, any existing technology alternatives to these plans, and any existing technology gaps.

The National Research Council may develop recommendations it considers appropriate and directly related to the subject matter of the study. The National Research Council shall submit the reports to the Secretary of Energy and the appropriate congressional committees. Of the amounts authorized for the Department of Energy, $1.5 million shall be available for carrying out this study

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