216 
‘‘(A) NAS STUDY.—The Secretary shall 
enter into an arrangement with the National 
Academy of Sciences to conduct a study to deter-
mine— 
‘‘(i) the feasibility of procuring sup-
plies of medical isotopes from commercial 
sources that do not use highly enriched ura-
nium; 
‘‘(ii) the current and projected demand 
and availability of medical isotopes in reg-
ular current domestic use; 
‘‘(iii) the progress that is being made 
by the Department of Energy and others to 
eliminate all use of highly enriched ura-
nium in reactor fuel, reactor targets, and 
medical isotope production facilities; and 
‘‘(iv) the potential cost differential in 
medical isotope production in the reactors 
and target processing facilities if the prod-
ucts were derived from production systems 
that do not involve fuels and targets with 
highly enriched uranium. 
‘‘(B) FEASIBILITY.—For the purpose of this 
subsection, the use of low enriched uranium to
217 
produce medical isotopes shall be determined to 
be feasible if— 
‘‘(i) low enriched uranium targets have 
been developed and demonstrated for use in 
the reactors and target processing facilities 
that produce significant quantities of med-
ical isotopes to serve United States needs for 
such isotopes; 
‘‘(ii) sufficient quantities of medical 
isotopes are available from low enriched 
uranium targets and fuel to meet United 
States domestic needs; and 
‘‘(iii) the average anticipated total cost 
increase from production of medical isotopes 
in such facilities without use of highly en-
riched uranium is less than 10 percent. 
‘‘(C) REPORT
BY
THE
SECRETARY.—Not 
later than 5 years after the date of enactment of 
the Energy Policy Act of 2005, the Secretary 
shall submit to Congress a report that— 
‘‘(i) contains the findings of the Na-
tional Academy of Sciences made in the 
study under subparagraph (A); and 
‘‘(ii) discloses the existence of any com-
mitments from commercial producers to
218 
provide domestic requirements for medical 
isotopes without use of highly enriched ura-
nium consistent with the feasibility criteria 
described in subparagraph (B) not later 
than the date that is 4 years after the date 
of submission of the report. 
‘‘(5) SECOND
REPORT
TO
CONGRESS.—If the 
study of the National Academy of Sciences determines 
under paragraph (4)(A)(i) that the procurement of 
supplies of medical isotopes from commercial sources 
that do not use highly enriched uranium is feasible, 
but the Secretary is unable to report the existence of 
commitments under paragraph (4)(C)(ii), not later 
than the date that is 6 years after the date of enact-
ment of the Energy Policy Act of 2005, the Secretary 
shall submit to Congress a report that describes op-
tions for developing domestic supplies of medical iso-
topes in quantities that are adequate to meet domestic 
demand without the use of highly enriched uranium 
consistent with the cost increase described in para-
graph (4)(B)(iii). 
‘‘(6) CERTIFICATION.—At such time as commer-
cial facilities that do not use highly enriched ura-
nium are capable of meeting domestic requirements 
for medical isotopes, within the cost increase described
219 
in paragraph (4)(B)(iii) and without impairing the 
reliable supply of medical isotopes for domestic utili-
zation, the Secretary shall submit to Congress a cer-
tification to that effect. 
‘‘(7) SUNSET
PROVISION.—After the Secretary 
submits a certification under paragraph (6), the 
Commission shall, by rule, terminate its review of ex-
port license applications under this subsection.’’. 
§ 634. Fernald byproduct material 
Title III of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10221 et seq.) is amended by adding at the end the 
following new section: 
‘‘FERNALD BYPRODUCT MATERIAL 
‘‘SEC. 307. Notwithstanding any other law, the mate-
rial in the concrete silos at the Fernald uranium processing 
facility managed on the date of enactment of this section 
by the Department shall be considered byproduct material 
(as defined by section 11 e.(2) of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014(e)(2))). The Department may dis-
pose of the material in a facility regulated by the Commis-
sion or by an Agreement State. If the Department disposes 
of the material in such a facility, the Commission or the 
Agreement State shall regulate the material as byproduct 
material under that Act. This material shall remain subject 
to the jurisdiction of the Department until it is received 
at a commercial, Commission-licensed, or Agreement State-
220 
licensed facility, at which time the material shall be subject 
to the health and safety requirements of the Commission 
or the Agreement State with jurisdiction over the disposal 
site.’’. 
§ 635. Safe disposal of greater-than-class c radio-
active waste 
Subtitle D of title I of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10171) is amended by adding at the 
end the following new section: 
‘‘SAFE DISPOSAL OF GREATER-THAN-CLASS C RADIOACTIVE 
WASTE 
‘‘SEC. 152. (a) DESIGNATION OF RESPONSIBILITY.— 
The Secretary shall designate an Office within the Depart-
ment to have the responsibility for activities needed to de-
velop a new, or use an existing, facility for safely disposing 
of all low-level radioactive waste with concentrations of 
radionuclides that exceed the limits established by the Com-
mission for Class C radioactive waste (referred to in this 
section as ‘GTCC waste’). 
‘‘(b) COMPREHENSIVE PLAN.—The Secretary shall de-
velop a comprehensive plan for permanent disposal of 
GTCC waste which includes plans for a disposal facility. 
This plan shall be transmitted to Congress in a series of 
reports, including the following: 
‘‘(1) REPORT ON SHORT-TERM PLAN.—Not later 
than 180 days after the date of enactment of this sec-