118 STAT. 2959 PUBLIC LAW 108–447—DEC. 8, 2004 National Nuclear Security Administration Defense Programs Tech nology Deployment Center/User Facility; and (3) any other Depart mental facility designated by the Department as a user facility. SEC. 308. The Administrator of the National Nuclear Security Administration may authorize the manager of a covered nuclear weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such facility in order to maintain and enhance such capabilities at such facility: Provided, That of the amount allocated to a covered nuclear weapons facility each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for these activities: Provided further, That for purposes of this section, the term ‘‘covered nuclear weapons facility’’ means the following: (1) The Kansas City Plant, Kansas City, Missouri. (2) The Y–12 Plant, Oak Ridge, Tennessee. (3) The Pantex Plant, Amarillo, Texas. (4) The Savannah River Plant, South Carolina. (5) The Nevada Test Site. SEC. 309. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2005 until the enactment of the Intelligence Authorization Act for fiscal year 2005. SEC. 310. (a) The Secretary of Energy was directed to file a permit modification to the Waste Analysis Plan (WAP) and associ ated provisions contained in the Hazardous Waste Facility Permit for the Waste Isolation Pilot Plant (WIPP). For purposes of deter mining hereafter compliance of the modifications to the WAP with the hazardous waste analysis requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or other applicable laws waste confirmation for all waste received for storage and disposal shall be limited to: (1) confirmation that the waste contains no ignitable, corrosive, or reactive waste through the use of either radiography or visual examination of a statistically representative subpopulation of the waste; and (2) review of the Waste Stream Profile Form to verify that the waste contains no ignitable, corrosive, or reactive waste and that assigned Environmental Protection Agency hazardous waste numbers are allowed for storage and dis posal by the WIPP Hazardous Waste Facility Permit. (b) Compliance with the disposal room performance standards of the WAP hereafter shall be demonstrated exclusively by moni toring airborne volatile organic compounds in underground disposal rooms in which waste has been emplaced until panel closure. SEC. 311. Section 3113 of Public Law 102–486 (42 U.S.C. 2297h–11) is amended by adding a new paragraph (4) to subsection (a), as follows: ‘‘(4) In the event that a licensee requests the Secretary to accept for disposal depleted uranium pursuant to this sub section, the Secretary shall be required to take title to and possession of such depleted uranium at an existing DUF6 stor age facility.’’. SEC. 312. The Department of Energy may use the funds appro priated by this Act to undertake any procurement action necessary 50 USC 2812 note.
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