237
‘‘(2) UPDATE OF 1987 REPORT.—
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this section, the 
Secretary shall submit to Congress an update of 
the Secretary’s February 1987 report submitted 
to Congress that made comprehensive rec-
ommendations for the disposal of GTCC waste. 
‘‘(B) CONTENTS.—The update under this 
paragraph shall contain—
‘‘(i) a detailed description and identi-
fication of the GTCC waste that is to be 
disposed; 
‘‘(ii) a description of current domestic 
and international programs, both Federal 
and commercial, for management and dis-
position of GTCC waste; 
‘‘(iii) an identification of the Federal 
and private options and costs for the safe 
disposal of GTCC waste; 
‘‘(iv) an identification of the options 
for ensuring that, wherever possible, gen-
erators and users of GTCC waste bear all 
reasonable costs of waste disposal;
238
‘‘(v) an identification of any new stat-
utory authority required for disposal of 
GTCC waste; and 
‘‘(vi) in coordination with the Envi-
ronmental Protection Agency and the Com-
mission, an identification of any new regu-
latory guidance needed for the disposal of 
GTCC waste. 
‘‘(3) REPORT
ON
COST
AND
SCHEDULE
FOR 
COMPLETION
OF
ENVIRONMENTAL
IMPACT
STATE-
MENT AND RECORD OF DECISION.—Not later than 
180 days after the date of submission of the update 
required under paragraph (2), the Secretary shall 
submit to Congress a report containing an estimate 
of the cost and schedule to complete a draft and 
final environmental impact statement and to issue a 
record of decision for a permanent disposal facility, 
utilizing either a new or existing facility, for GTCC 
waste.’’. 
SEC. 636. 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
239
(2) by adding at the end the following new sub-
section: 
‘‘b.(1) Notwithstanding any other provision of law, 
including specifically section 121 of this Act, and except 
as provided in paragraphs (2) and (3), no nuclear mate-
rials and equipment or sensitive nuclear technology, in-
cluding items and assistance authorized by section 57 b. 
of this Act and regulated under part 810 of title 10, Code 
of Federal Regulations, and nuclear-related items on the 
Commerce Control List maintained under part 774 of title 
15 of the Code of Federal Regulations, shall be exported 
or reexported, or transferred or retransferred whether di-
rectly or indirectly, and no Federal agency shall issue any 
license, approval, or authorization for the export or reex-
port, or transfer, or retransfer, whether directly or indi-
rectly, of these items or assistance (as defined in this para-
graph) to any country whose government has been identi-
fied by the Secretary of State as engaged in state sponsor-
ship of terrorist activities (specifically including any coun-
try the government of which has been determined by the 
Secretary of State under section 620A(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371(a)), section 
6(j)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Ex-
240
port Control Act (22 U.S.C. 2780(d)) to have repeatedly 
provided support for acts of international terrorism). 
‘‘(2) This subsection shall not apply to exports, reex-
ports, transfers, or retransfers of radiation monitoring 
technologies, surveillance equipment, seals, cameras, tam-
per-indication devices, nuclear detectors, monitoring sys-
tems, or equipment necessary to safely store, transport, 
or remove hazardous materials, whether such items, serv-
ices, or information are regulated by the Department of 
Energy, the Department of Commerce, or the Nuclear 
Regulatory Commission, except to the extent that such 
technologies, equipment, seals, cameras, devices, detectors, 
or systems are available for use in the design or construc-
tion of nuclear reactors or nuclear weapons. 
‘‘(3) The President may waive the application of 
paragraph (1) to a country if the President determines 
and certifies to Congress that the waiver will not result 
in any increased risk that the country receiving the waiver 
will acquire nuclear weapons, nuclear reactors, or any ma-
terials or components of nuclear weapons and—
‘‘(A) the government of such 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
241
aided and abetted an individual or groups in acquir-
ing unsafeguarded nuclear materials; 
‘‘(B) in the judgment of the President, the gov-
ernment of such country has provided adequate, 
verifiable assurances that it will cease its support for 
acts of international terrorism; 
‘‘(C) the waiver of that paragraph is in the vital 
national security interest of the United States; or 
‘‘(D) such a waiver is essential to prevent or re-
spond to a serious radiological hazard in the country 
receiving the waiver that may or does threaten pub-
lic health and safety.’’. 
(b) APPLICABILITY
TO EXPORTS APPROVED
FOR 
TRANSFER BUT NOT TRANSFERRED.—Subsection b. of 
section 129 of Atomic Energy Act of 1954, as added by 
subsection (a) of this section, shall apply with respect to 
exports that have been approved for transfer as of the date 
of the enactment of this Act but have not yet been trans-
ferred as of that date. 
SEC. 638. NATIONAL URANIUM STOCKPILE. 
The USEC Privatization Act (42 U.S.C. 2297h et 
seq.) is amended by adding at the end the following new 
section:
242
‘‘SEC. 3118. NATIONAL URANIUM STOCKPILE. 
‘‘(a) STOCKPILE CREATION.—The Secretary of En-
ergy may create a national low-enriched uranium stockpile 
with the goals to—
‘‘(1) enhance national energy security; and 
‘‘(2) reduce global proliferation threats. 
‘‘(b) SOURCE OF MATERIAL.—The Secretary shall 
obtain material for the stockpile from—
‘‘(1) material derived from blend-down of Rus-
sian highly enriched uranium derived from weapons 
materials; and 
‘‘(2) domestically mined and enriched uranium. 
‘‘(c) LIMITATION ON SALES OR TRANSFERS.—Sales 
or transfer of materials in the stockpile shall occur pursu-
ant to section 3112.’’. 
SEC. 639. NUCLEAR REGULATORY COMMISSION MEETINGS. 
If a quorum of the Nuclear Regulatory Commission 
gathers to discuss official Commission business the discus-
sions shall be recorded, and the Commission shall notify 
the public of such discussions within 15 days after they 
occur. The Commission shall promptly make a transcript 
of the recording available to the public on request, except 
to the extent that public disclosure is exempted or prohib-
ited by law. This section shall not apply to a meeting, 
within the meaning of that term under section 552b(a)(2) 
of title 5, United States Code.
243
SEC. 640. EMPLOYEE BENEFITS. 
Section 3110 of the USEC Privatization Act (42 
U.S.C. 2297h-8(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(8) CONTINUITY OF BENEFITS.—Not later than 30 
days after the date of enactment of this paragraph, the 
Secretary shall implement such actions as are necessary 
to ensure that any employee who—
‘‘(A) is involved in providing infrastructure or 
environmental remediation services at the Ports-
mouth, Ohio, or the Paducah, Kentucky, Gaseous 
Diffusion Plant; 
‘‘(B) has been an employee of the Department 
of Energy’s predecessor management and inte-
grating contractor (or its first or second tier sub-
contractors), or of the Corporation, at the Ports-
mouth, Ohio, or the Paducah, Kentucky, facility; 
and 
‘‘(C) was eligible as of April 1, 2005, to partici-
pate in or transfer into the Multiple Employer Pen-
sion Plan or the associated multiple employer retiree 
health care benefit plans, as defined in those plans, 
shall continue to be eligible to participate in or transfer 
into such pension or health care benefit plans.’’.
244
Subtitle C—Additional Hydrogen 
Production Provisions 
SEC. 651. HYDROGEN PRODUCTION PROGRAMS. 
(a) ADVANCED REACTOR HYDROGEN COGENERA-
TION PROJECT.—
(1) PROJECT
ESTABLISHMENT.— The Sec-
retary is directed to establish an Advanced Reactor 
Hydrogen Cogeneration Project. 
(2) PROJECT DEFINITION.— The project shall 
consist of the research, development, design, con-
struction, and operation of a hydrogen production 
cogeneration research facility that, relative to the 
current commercial reactors, enhances safety fea-
tures, reduces waste production, enhances thermal 
efficiencies, increases proliferation resistance, and 
has the potential for improved economics and phys-
ical security in reactor siting. This facility shall be 
constructed so as to enable research and develop-
ment on advanced reactors of the type selected and 
on alternative approaches for reactor-based produc-
tion of hydrogen. 
(3) PROJECT MANAGEMENT.—
(A) MANAGEMENT.—The project shall be 
managed within the Department by the Office 
of Nuclear Energy, Science, and Technology.
245
(B) LEAD LABORATORY.—The lead labora-
tory for the project, providing the site for the 
reactor construction, shall be the Idaho Na-
tional Laboratory (in this subsection referred to 
as ‘‘INL’’). 
(C) STEERING
COMMITTEE.—The Sec-
retary shall establish a national steering com-
mittee with membership from the national lab-
oratories, universities, and industry to provide 
advice to the Secretary and the Director of the 
Office of Nuclear Energy, Science, and Tech-
nology on technical and program management 
aspects of the project. 
(D) COLLABORATION.—Project activities 
shall be conducted at INL, other national lab-
oratories, universities, domestic industry, and 
international partners. 
(4) PROJECT REQUIREMENTS.—
(A) RESEARCH AND DEVELOPMENT.—
(i) IN
GENERAL.—The project shall 
include planning, research and develop-
ment, design, and construction of an ad-
vanced, next-generation, nuclear energy 
system suitable for enabling further re-
search and development on advanced reac-
246
tor technologies and alternative approaches 
for reactor-based generation of hydrogen. 
(ii) REACTOR TEST CAPABILITIES AT 
INL.—The project shall utilize, where ap-
propriate, extensive reactor test capabilities 
resident at INL. 
(iii) 
ALTERNATIVES.—The 
project 
shall be designed to explore technical, envi-
ronmental, and economic feasibility of al-
ternative approaches for reactor-based hy-
drogen production. 
(iv) INDUSTRIAL
LEAD.—The indus-
trial lead for the project shall be a com-
pany incorporated in the United States. 
(B) INTERNATIONAL COLLABORATION.—
(i) IN GENERAL.—The Secretary shall 
seek international cooperation, participa-
tion, and financial contribution in this 
project. 
(ii) 
ASSISTANCE
FROM
INTER-
NATIONAL PARTNERS.—The Secretary may 
contract for assistance from specialists or 
facilities from member countries of the 
Generation IV International Forum, the 
Russian Federation, or other international
247
partners where such specialists or facilities 
provide access to cost-effective and relevant 
skills or test capabilities. 
(iii) GENERATION IV INTERNATIONAL 
FORUM.—International activities shall be 
coordinated with the Generation IV Inter-
national Forum. 
(iv) GENERATION
IV
NUCLEAR
EN-
ERGY SYSTEMS PROGRAM.—The Secretary 
may combine this project with the Genera-
tion IV Nuclear Energy Systems Program. 
(C) 
DEMONSTRATION.—The 
overall 
project, which may involve demonstration of se-
lected project objectives in a partner nation, 
must demonstrate both electricity and hydrogen 
production and may provide flexibility, where 
technically and economically feasible in the de-
sign and construction, to enable tests of alter-
native reactor core and cooling configurations. 
(D) PARTNERSHIPS.—The Secretary shall 
establish cost-shared partnerships with domestic 
industry or international participants for the re-
search, development, design, construction, and 
operation of the research facility, and pref-
erence in determining the final project structure
248
shall be given to an overall project which re-
tains United States leadership while maximizing 
cost sharing opportunities and minimizing Fed-
eral funding responsibilities. 
(E) TARGET DATE.—The Secretary shall 
select technologies and develop the project to 
provide initial testing of either hydrogen pro-
duction or electricity generation by 2011, or 
provide a report to Congress explaining why 
this date is not feasible. 
(F) 
WAIVER
OF
CONSTRUCTION 
TIMELINES.—The Secretary is authorized to 
conduct the Advanced Reactor Hydrogen Co-
generation Project without the constraints of 
DOE Order 413.3, relating to program and 
project management for the acquisition of cap-
ital assets, as necessary to meet the specified 
operational date. 
(G) COMPETITION.—The Secretary may 
fund up to 2 teams for up to 1 year to develop 
detailed proposals for competitive evaluation 
and selection of a single proposal and concept 
for further progress. The Secretary shall define 
the format of the competitive evaluation of pro-
posals.
249
(H) USE OF FACILITIES.—Research facili-
ties in industry, national laboratories, or univer-
sities either within the United States or with 
cooperating international partners may be used 
to develop the enabling technologies for the re-
search facility. Utilization of domestic univer-
sity-based facilities shall be encouraged to pro-
vide educational opportunities for student devel-
opment. 
(I) ROLE OF NUCLEAR REGULATORY COM-
MISSION.—
(i) IN GENERAL.—The Nuclear Regu-
latory Commission shall have licensing and 
regulatory authority for any reactor au-
thorized under this subsection, pursuant to 
section 202 of the Energy Reorganization 
Act of 1974 (42 U.S.C. 5842). 
(ii) RISK-BASED CRITERIA.—The Sec-
retary shall seek active participation of the 
Nuclear Regulatory Commission through-
out the project to develop risk-based cri-
teria for any future commercial develop-
ment of a similar reactor architecture. 
(J) REPORT.—The Secretary shall develop 
and transmit to Congress a comprehensive
250
project plan not later than 3 months after the 
date of enactment of this Act. The project plan 
shall be updated annually with each annual 
budget submission. 
(b) 
ADVANCED
NUCLEAR
REACTOR
TECH-
NOLOGIES.—The Secretary shall—
(1) prepare a detailed roadmap for carrying out 
the provisions in this subtitle related to advanced 
nuclear reactor technologies and for implementing 
the recommendations related to advanced nuclear re-
actor technologies that are included in the report 
transmitted under subsection (d); and 
(2) provide for the establishment of 5 projects 
in geographic areas that are regionally and climati-
cally diverse to demonstrate the commercial produc-
tion of hydrogen at existing nuclear power plants, 
including one demonstration project at a national 
laboratory or institution of higher education using 
an advanced gas-cooled reactor. 
(c) COLLOCATION WITH HYDROGEN PRODUCTION 
FACILITY.—Section 103 of the Atomic Energy Act of 
1954 (42 U.S.C. 2011) is amended by adding at the end 
the following new subsection: 
‘‘g. The Commission shall give priority to the licens-
ing of a utilization facility that is collocated with a hydro-
251
gen production facility. The Commission shall issue a final 
decision approving or disapproving the issuance of a li-
cense to construct and operate a utilization facility not 
later than the expiration of 3 years after the date of the 
submission of such application, if the application ref-
erences a Commission-certified design and an early site 
permit, unless the Commission determines that the appli-
cant has proposed material and substantial changes to the 
design or the site design parameters.’’. 
(d) REPORT.—The Secretary shall transmit to the 
Congress not later than 120 days after the date of enact-
ment of this Act a report containing detailed summaries 
of the roadmaps prepared under subsection (b)(1), de-
scriptions of the Secretary’s progress in establishing the 
projects and other programs required under this section, 
and recommendations for promoting the availability of ad-
vanced nuclear reactor energy technologies for the produc-
tion of hydrogen. 
(e) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of supporting research programs related to the 
development of advanced nuclear reactor technologies 
under this section, there are authorized to be appropriated 
to the Secretary—
(1) $65,000,000 for fiscal year 2006; 
(2) $74,750,000 for fiscal year 2007;
252
(3) $85,962,500 for fiscal year 2008; 
(4) $98,856,875 for fiscal year 2009; 
(5) $113,685,406 for fiscal year 2010; 
(6) $130,738,217 for fiscal year 2011; 
(7) $150,348,950 for fiscal year 2012; 
(8) $172,901,292 for fiscal year 2013; 
(9) $198,836,486 for fiscal year 2014; and 
(10) $228,661,959 for fiscal year 2015. 
SEC. 652. DEFINITIONS. 
For purposes of this subtitle—
(1) the term ‘‘advanced nuclear reactor tech-
nologies’’ means—
(A) technologies related to advanced light 
water reactors that may be commercially avail-
able in the near-term, including mid-sized reac-
tors with passive safety features, for the gen-
eration of electric power from nuclear fission 
and the production of hydrogen; and 
(B) technologies related to other nuclear 
reactors that may require prototype demonstra-
tion prior to availability in the mid-term or 
long-term, including high-temperature, gas-
cooled reactors and liquid metal reactors, for 
the generation of electric power from nuclear 
fission and the production of hydrogen;
253
(2) the term ‘‘institution of higher education’’ 
has the meaning given to that term in section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)); and 
(3) the term ‘‘Secretary’’ means the Secretary 
of Energy. 
Subtitle D—Nuclear Security 
SEC. 661. NUCLEAR FACILITY THREATS. 
(a) STUDY.—The President, in consultation with the 
Nuclear Regulatory Commission (referred to in this sub-
title as the ‘‘Commission’’) and other appropriate Federal, 
State, and local agencies and private entities, shall con-
duct a study to identify the types of threats that pose an 
appreciable risk to the security of the various classes of 
facilities licensed by the Commission under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.). Such study 
shall take into account, but not be limited to—
(1) the events of September 11, 2001; 
(2) an assessment of physical, cyber, bio-
chemical, and other terrorist threats; 
(3) the potential for attack on facilities by mul-
tiple coordinated teams of a large number of individ-
uals; 
(4) the potential for assistance in an attack 
from several persons employed at the facility;