†
482
HR 6 EAS
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
†
483
HR 6 EAS
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
†
484
HR 6 EAS
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
†
485
HR 6 EAS
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,
†
486
HR 6 EAS
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-