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(b) DE NOVO REVIEW.—Subsection (b) of such sec-
tion 211 is amended by adding at the end the following 
new paragraph: 
‘‘(4) If the Secretary has not issued a final de-
cision within 540 days after the filing of a complaint 
under paragraph (1), and there is no showing that 
such delay is due to the bad faith of the person 
seeking relief under this paragraph, such person 
may bring an action at law or equity for de novo re-
view in the appropriate district court of the United 
States, which shall have jurisdiction over such an ac-
tion without regard to the amount in controversy.’’. 
SEC. 633. MEDICAL ISOTOPE PRODUCTION. 
Section 134 of the Atomic Energy Act of 1954 (42 
U.S.C. 2160d) is amended— 
(1) in subsection a., by striking ‘‘a. The Com-
mission’’ and inserting ‘‘a. IN GENERAL.—Except as 
provided in subsection b., the Commission’’; 
(2) by redesignating subsection b. as subsection 
c.; and 
(3) by inserting after subsection a. the fol-
lowing: 
‘‘b. MEDICAL ISOTOPE PRODUCTION.— 
‘‘(1) DEFINITIONS.—In this subsection:
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‘‘(A) HIGHLY ENRICHED URANIUM.—The 
term ‘highly enriched uranium’ means uranium 
enriched to include concentration of U–235 
above 20 percent. 
‘‘(B) MEDICAL ISOTOPE.—The term ‘med-
ical isotope’ includes Molybdenum 99, Iodine 
131, Xenon 133, and other radioactive mate-
rials used to produce a radiopharmaceutical for 
diagnostic, therapeutic procedures or for re-
search and development. 
‘‘(C) RADIOPHARMACEUTICAL.—The term 
‘radiopharmaceutical’ means a radioactive iso-
tope that— 
‘‘(i) contains byproduct material com-
bined with chemical or biological material; 
and 
‘‘(ii) is designed to accumulate tempo-
rarily in a part of the body for therapeutic 
purposes or for enabling the production of 
a useful image for use in a diagnosis of a 
medical condition. 
‘‘(D) RECIPIENT COUNTRY.—The term ‘re-
cipient 
country’ 
means 
Canada, 
Belgium, 
France, Germany, and the Netherlands.
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‘‘(2) LICENSES.—The Commission may issue a 
license authorizing the export (including shipment to 
and use at intermediate and ultimate consignees 
specified in the license) to a recipient country of 
highly enriched uranium for medical isotope produc-
tion if, in addition to any other requirements of this 
Act (except subsection a.), the Commission deter-
mines that— 
‘‘(A) a recipient country that supplies an 
assurance letter to the United States Govern-
ment in connection with the consideration by 
the Commission of the export license applica-
tion has informed the United States Govern-
ment that any intermediate consignees and the 
ultimate consignee specified in the application 
are required to use the highly enriched uranium 
solely to produce medical isotopes; and 
‘‘(B) the highly enriched uranium for med-
ical isotope production will be irradiated only in 
a reactor in a recipient country that— 
‘‘(i) uses an alternative nuclear reac-
tor fuel; or 
‘‘(ii) is the subject of an agreement 
with the United States Government to con-
vert to an alternative nuclear reactor fuel
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when alternative nuclear reactor fuel can 
be used in the reactor. 
‘‘(3) REVIEW
OF
PHYSICAL
PROTECTION
RE-
QUIREMENTS.— 
‘‘(A) IN GENERAL.—The Commission shall 
review the adequacy of physical protection re-
quirements that, as of the date of an applica-
tion under paragraph (2), are applicable to the 
transportation and storage of highly enriched 
uranium for medical isotope production or con-
trol of residual material after irradiation and 
extraction of medical isotopes. 
‘‘(B) IMPOSITION
OF
ADDITIONAL
RE-
QUIREMENTS.—If the Commission determines 
that additional physical protection requirements 
are necessary (including a limit on the quantity 
of highly enriched uranium that may be con-
tained in a single shipment), the Commission 
shall impose such requirements as license condi-
tions or through other appropriate means. 
‘‘(4) FIRST REPORT TO CONGRESS.— 
‘‘(A) NAS STUDY.—The Secretary shall 
enter into an arrangement with the National 
Academy of Sciences to conduct a study to de-
termine—
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‘‘(i) the feasibility of procuring sup-
plies of medical isotopes from commercial 
sources that do not use highly enriched 
uranium; 
‘‘(ii) the current and projected de-
mand and availability of medical isotopes 
in regular 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 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
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facilities that produce significant quantities 
of medical 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 enriched 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 
commitments from commercial producers 
to provide domestic requirements for med-
ical isotopes without use of highly enriched 
uranium consistent with the feasibility cri-
teria described in subparagraph (B) not
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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 deter-
mines under paragraph (4)(A)(i) that the procure-
ment of supplies of medical isotopes from commer-
cial 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 enactment of the Energy Policy Act 
of 2005, the Secretary shall submit to Congress a 
report that describes options for developing domestic 
supplies of medical isotopes in quantities that are 
adequate to meet domestic demand without the use 
of highly enriched uranium consistent with the cost 
increase described in paragraph (4)(B)(iii). 
‘‘(6) CERTIFICATION.—At such time as com-
mercial facilities that do not use highly enriched 
uranium are capable of meeting domestic require-
ments for medical isotopes, within the cost increase 
described in paragraph (4)(B)(iii) and without im-
pairing the reliable supply of medical isotopes for 
domestic utilization, the Secretary shall submit to 
Congress a certification to that effect.
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‘‘(7) SUNSET PROVISION.—After the Secretary 
submits a certification under paragraph (6), the 
Commission shall, by rule, terminate its review of 
export license applications under this subsection.’’. 
SEC. 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 proc-
essing 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 En-
ergy Act of 1954 (42 U.S.C. 2014(e)(2))). The Depart-
ment may dispose of the material in a facility regulated 
by the Commission or by an Agreement State. If the De-
partment disposes of the material in such a facility, the 
Commission or the Agreement State shall regulate the ma-
terial 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-licensed facility, at which time the 
material shall be subject to the health and safety require-
ments of the Commission or the Agreement State with ju-
risdiction over the disposal site.’’.
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SEC. 635. SAFE DISPOSAL OF GREATER-THAN-CLASS C RA-
DIOACTIVE 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 
Commission for Class C radioactive waste (referred to in 
this section as ‘GTCC waste’). 
‘‘(b) COMPREHENSIVE PLAN.—The Secretary shall 
develop 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 section, the Secretary shall submit to Congress 
a plan describing the Secretary’s operational strat-
egy for continued recovery and storage of GTCC 
waste until a permanent disposal facility is available.