118 STAT. 2162 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(2) The milestones for the National Ignition Facility to achieve ignition are such milestones (other than the milestones referred to in paragraph (1)) as the Administrator shall estab lish 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 IGNI TION.—Not later than January 31, 2005, the Administrator for Nuclear Security shall submit to the congressional defense commit tees 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 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 the provisions of the Nuclear Waste Policy Act of 1982, the requirements of section 202 of the Energy Reorganization Act of 1974, and other laws that define classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State, the term ‘‘high level radioactive waste’’ does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy (in this section referred to as the ‘‘Secretary’’), in consultation with the Nuclear Regulatory Commission (in this section referred to as the ‘‘Commission’’), determines— (1) does not require permanent isolation in a deep geologic repository for spent fuel or high level radioactive waste; (2) has had highly radioactive radionuclides removed to the maximum extent practical; and (3)(A) does not exceed concentration limits for Class C low level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of— (i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and (ii) pursuant to a State approved closure plan or State issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or 50 USC 2601 note.
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