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‘‘(2) The Secretary shall adjust the amount of indem-
nification provided under an agreement of indemnification 
under subsection d. not less than once during each 5-year 
period following July 1, 2003, in accordance with the aggre-
gate percentage change in the Consumer Price Index 
since— 
‘‘(A) that date, in the case of the first adjustment 
under this paragraph; or 
‘‘(B) the previous adjustment under this para-
graph.’’. 
SEC. 608. TREATMENT OF MODULAR REACTORS. 
Section 170 b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(b)) (as amended by section 603) is amended 
by adding at the end the following: 
‘‘(5)(A) For purposes of this section only, the Commis-
sion shall consider a combination of facilities described in 
subparagraph (B) to be a single facility having a rated ca-
pacity of 100,000 electrical kilowatts or more. 
‘‘(B) A combination of facilities referred to in subpara-
graph (A) is 2 or more facilities located at a single site, 
each of which has a rated capacity of not less than 100,000 
electrical kilowatts and not more than 300,000 electrical 
kilowatts, with a combined rated capacity of not more than 
1,300,000 electrical kilowatts.’’.
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SEC. 609. APPLICABILITY. 
The amendments made by sections 603, 604, and 605 
do not apply to a nuclear incident that occurs before the 
date of enactment of this Act. 
SEC. 610. CIVIL PENALTIES. 
(a) REPEAL
OF AUTOMATIC REMISSION.—Section 
234A b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
2282a(b)(2)) is amended by striking the last sentence. 
(b) LIMITATION
FOR
NOT-FOR-PROFIT
INSTITU-
TIONS.—Section 234A of the Atomic Energy Act of 1954 
(42 U.S.C. 2282a) is amended by striking subsection d. and 
inserting the following: 
‘‘d.(1) Notwithstanding subsection a., in the case of 
any not-for-profit contractor, subcontractor, or supplier, the 
total amount of civil penalties paid under subsection a. 
may not exceed the total amount of fees paid within any 
1-year period (as determined by the Secretary) under the 
contract under which the violation occurs. 
‘‘(2) In this section, the term ‘not-for-profit’ means 
that no part of the net earnings of the contractor, subcon-
tractor, or supplier inures to the benefit of any natural per-
son or for-profit artificial person.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall not apply to any violation of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2011 et seq.) occurring under
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a contract entered into before the date of enactment of this 
Act. 
Subtitle B—General Nuclear 
Matters 
SEC. 621. MEDICAL ISOTOPE PRODUCTION: NONPROLIFERA-
TION, ANTITERRORISM, AND RESOURCE RE-
VIEW. 
(a) DEFINITIONS.—In this section: 
(1) HIGHLY ENRICHED URANIUM FOR MEDICAL 
ISOTOPE
PRODUCTION.—The term ‘‘highly enriched 
uranium for medical isotope production’’ means high-
ly enriched uranium contained in, or for use in, tar-
gets to be irradiated for the sole purpose of producing 
medical isotopes. 
(2) MEDICAL ISOTOPES.—The term ‘‘medical iso-
topes’’ means radioactive isotopes, including molyb-
denum-99, that are used to produce radiopharma-
ceuticals for diagnostic or therapeutic procedures on 
patients. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary shall 
enter into an arrangement with the National Acad-
emy of Sciences for the conduct of a study of issues 
associated with section 134 of the Atomic Energy Act
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of 1954 (42 U.S.C. 2160d), including issues associated 
with the implementation of that section. 
(2) CONTENTS.—The study shall include an 
analysis of— 
(A) the effectiveness to date of section 134 of 
the Atomic Energy Act of 1954 (42 U.S.C. 
2160d) in facilitating the conversion of foreign 
reactor fuel and targets to low-enriched uranium, 
which reduces the risk that highly enriched ura-
nium will be diverted and stolen; 
(B) the degree to which isotope producers 
that rely on United States highly enriched ura-
nium are complying with the intent of section 
134 of the Atomic Energy Act of 1954 (42 U.S.C. 
2160d) to expeditiously convert targets to low-en-
riched uranium; 
(C) the adequacy of physical protection and 
material control and accounting measures at for-
eign facilities that receive United States highly 
enriched uranium for medical isotope produc-
tion, in comparison to Nuclear Regulatory Com-
mission regulations and Department administra-
tive requirements; 
(D) the likely consequences of an exemption 
of highly enriched uranium exports for medical
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isotope production from section 134(a) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2160d(a)) 
for— 
(i) United States efforts to eliminate 
highly enriched uranium commerce world-
wide through the support of the Reduced 
Enrichment in Research and Test Reactors 
program; and 
(ii) other United States nonprolifera-
tion and antiterrorism initiatives; 
(E) incentives that could supplement the in-
centives of section 134 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2160d) to further encourage 
foreign medical isotope producers to convert from 
highly enriched uranium to low-enriched ura-
nium; 
(F) whether implementation of section 134 
of the Atomic Energy Act of 1954 (42 U.S.C. 
2160d) has ever caused, or is likely to cause, an 
interruption in the production and supply of 
medical isotopes in needed quantities; 
(G) whether the United States supply of iso-
topes is sufficiently diversified to withstand an 
interruption of production from any 1 supplier,
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and, if not, what steps should be taken to diver-
sify United States supply; and 
(H) any other aspects of implementation of 
section 134 of the Atomic Energy Act of 1954 
(42 U.S.C. 2160d) that have a bearing on Fed-
eral nonproliferation and antiterrorism laws 
(including regulations) and policies. 
(3) 
TIMING; 
CONSULTATION.—The 
National 
Academy of Sciences study shall be— 
(A) conducted in full consultation with the 
Secretary of State, the staff of the Reduced En-
richment in Research and Test Reactors program 
at Argonne National Laboratory, and other in-
terested organizations and individuals with ex-
pertise in nuclear nonproliferation; and 
(B) submitted to Congress not later than 18 
months after the date of enactment of this Act. 
SEC. 622. SAFE DISPOSAL OF GREATER-THAN-CLASS C RA-
DIOACTIVE WASTE. 
(a) RESPONSIBILITY
FOR ACTIVITIES TO PROVIDE 
STORAGE FACILITY.—The Secretary shall provide to Con-
gress official notification of the final designation of an enti-
ty within the Department to have the responsibility of com-
pleting activities needed to provide a facility for safely dis-
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posing of all greater-than-Class C low-level radioactive 
waste. 
(b) REPORTS AND PLANS.— 
(1) REPORT
ON
PERMANENT
DISPOSAL
FACIL-
ITY.— 
(A) PLAN REGARDING COST AND SCHEDULE 
FOR COMPLETION OF EIS AND ROD.—Not later 
than 1 year after the date of enactment of this 
Act, the Secretary, in consultation with Con-
gress, shall submit to Congress a report con-
taining an estimate of the cost and a proposed 
schedule to complete an environmental impact 
statement and record of decision for a permanent 
disposal facility for greater-than-Class C radio-
active waste. 
(B) ANALYSIS
OF
ALTERNATIVES.—Before 
the Secretary makes a final decision on the dis-
posal alternative or alternatives to be imple-
mented, the Secretary shall— 
(i) submit to Congress a report that de-
scribes all alternatives under consideration, 
including all information required in the 
comprehensive report making recommenda-
tions for ensuring the safe disposal of all 
greater-than-Class C low-level radioactive
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waste that was submitted by the Secretary 
to Congress in February 1987; and 
(ii) await action by Congress. 
(2) SHORT-TERM
PLAN
FOR
RECOVERY
AND 
STORAGE.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall submit to Congress a plan to ensure 
the continued recovery and storage of greater- 
than-Class C low-level radioactive sealed sources 
that pose a security threat until a permanent 
disposal facility is available. 
(B) CONTENTS.—The plan shall address es-
timated cost, resource, and facility needs. 
SEC. 623. PROHIBITION ON NUCLEAR EXPORTS TO COUN-
TRIES THAT SPONSOR TERRORISM. 
(a) IN GENERAL.—Section 129 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2158) is amended— 
(1) by inserting ‘‘a.’’ before ‘‘No nuclear mate-
rials and equipment’’; and 
(2) by adding at the end the following: 
‘‘b.(1)(A) Notwithstanding any other provision of law, 
including section 121, and except as provided in para-
graphs (2) and (3), no nuclear materials and equipment 
or sensitive nuclear technology, including items and assist-
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ance authorized by section 57 b. and regulated under part 
810 of title 10, Code of Federal Regulations (or a successor 
regulation), and nuclear-related items on the Commerce 
Control List maintained under part 774 of title 15 of the 
Code of Federal Regulations (or a successor regulation), 
shall be exported or reexported, or transferred or retrans-
ferred, whether directly or indirectly, and no Federal agen-
cy shall issue any license, approval, or authorization for 
the export or reexport, or transfer, or retransfer, whether 
directly or indirectly, of the items or assistance described 
in this paragraph to any country the government of which 
has been identified by the Secretary of State as engaged 
in state sponsorship of terrorist activities. 
‘‘(B) Countries described in subparagraph (A) specifi-
cally include any country the government of which has been 
determined by the Secretary of State to have repeatedly pro-
vided support for acts of international terrorism under— 
‘‘(i) section 620A(a) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371(a)); 
‘‘(ii) section 6(j)(1) of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2405(j)(1)); or 
‘‘(iii) section 40(d) of the Arms Export Control 
Act (22 U.S.C. 2780(d)). 
‘‘(2) This subsection does not apply to exports, reex-
ports, transfers, or retransfers of radiation monitoring tech-
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nologies, surveillance equipment, seals, cameras, tamper-in-
dication devices, nuclear detectors, monitoring systems, or 
equipment necessary to safely store, transport, or remove 
hazardous materials, whether such items, services, or infor-
mation are regulated by the Department of Energy, the De-
partment of Commerce, or the Commission, except to the 
extent that the technologies, equipment, seals, cameras, de-
vices, detectors, or systems are available for use in the de-
sign or construction of nuclear reactors or nuclear weapons. 
‘‘(3) The President may waive the application of para-
graph (1) to a country if the President determines and cer-
tifies to Congress that— 
‘‘(A) the waiver will not result in any increased 
risk that the country receiving the waiver will acquire 
nuclear weapons, nuclear reactors, or any materials 
or components of nuclear weapons; and 
‘‘(B)(i) the government of the country has not 
within the preceding 12-month period willfully aided 
or abetted the international proliferation of nuclear 
explosive devices to individuals or groups or willfully 
aided and abetted an individual or groups in acquir-
ing unsafeguarded nuclear materials; 
‘‘(ii) in the judgment of the President, the gov-
ernment of the country has provided adequate,
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verifiable assurances that the country will cease its 
support for acts of international terrorism; 
‘‘(iii) the waiver of paragraph (1) is in the vital 
national security interest of the United States; or 
‘‘(iv) the waiver of paragraph (1) is essential to 
prevent or respond to a serious radiological hazard in 
the country receiving the waiver that may or does 
threaten public health and safety.’’. 
(b) APPLICABILITY
TO
EXPORTS
APPROVED
FOR 
TRANSFER BUT NOT TRANSFERRED.—Subsection b. of sec-
tion 129 of Atomic Energy Act of 1954 (as added by sub-
section (a)), shall apply with respect to exports that have 
been approved for transfer as of the date of enactment of 
this Act but have not yet been transferred as of that date. 
SEC. 624. DECOMMISSIONING PILOT PROGRAM. 
(a) PILOT PROGRAM.—The Secretary shall establish a 
decommissioning pilot program under which the Secretary 
shall decommission and decontaminate the sodium-cooled 
fast breeder experimental test-site reactor located in north-
west Arkansas, in accordance with the decommissioning ac-
tivities contained in the report of the Department relating 
to the reactor, dated August 31, 1998. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $16,000,000.
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SEC. 625. WHISTLEBLOWER PROTECTION FOR EMPLOYEES 
OF THE DEPARTMENT OF ENERGY. 
(a) DEFINITION OF EMPLOYER.—Section 211(a)(2) of 
the Energy Reorganization Act of 1974 (42 U.S.C. 
5851(a)(2)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking ‘‘that is in-
demnified’’ and all that follows through ‘‘12344.’’; 
and 
(3) by adding at the end the following: 
‘‘(E) the Department of Energy.’’. 
(b) DE NOVO JUDICIAL DETERMINATION.—Section 
211(b) of the Energy Reorganization Act of 1974 (42 U.S.C. 
5851(b)) is amended by adding at the end the following: 
‘‘(4) DE NOVO JUDICIAL DETERMINATION.—If the 
Secretary does not issue a final decision within 180 
days after the filing of a complaint under paragraph 
(1) and the Secretary does not show that the delay is 
caused by the bad faith of the claimant, the claimant 
may bring a civil action in United States district 
court for a determination of the claim by the court 
de novo.’’.