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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.’’.
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Subtitle C—Next Generation
Nuclear Plant Project
SEC. 631. PROJECT ESTABLISHMENT.
(a) ESTABLISHMENT.—The Secretary shall establish a
project to be known as the ‘‘Next Generation Nuclear Plant
Project’’ (referred to in this subtitle as the ‘‘Project’’).
(b) CONTENT.—The Project shall consist of the re-
search, development, design, construction, and operation of
a prototype plant, including a nuclear reactor that—
(1) is based on research and development activi-
ties supported by the Generation IV Nuclear Energy
Systems Initiative under section 942(d); and
(2) shall be used—
(A) to generate electricity;
(B) to produce hydrogen; or
(C) both to generate electricity and to
produce hydrogen.
SEC. 632. PROJECT MANAGEMENT.
(a) DEPARTMENTAL MANAGEMENT.—
(1) IN GENERAL.—The Project shall be managed
in the Department by the Office of Nuclear Energy,
Science, and Technology.
(2) GENERATION IV NUCLEAR ENERGY SYSTEMS
PROGRAM.—The Secretary may combine the Project
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with the Generation IV Nuclear Energy Systems Ini-
tiative.
(3) EXISTING DOE PROJECT MANAGEMENT EX-
PERTISE.—The Secretary may utilize capabilities for
review of construction projects for advanced scientific
facilities within the Office of Science to track the
progress of the Project.
(b) LABORATORY MANAGEMENT.—
(1) LEAD
LABORATORY.—The Idaho National
Laboratory shall be the lead National Laboratory for
the Project and shall collaborate with other National
Laboratories, institutions of higher education, other
research institutes, industrial researchers, and inter-
national researchers to carry out the Project.
(2) INDUSTRIAL PARTNERSHIPS.—
(A) IN
GENERAL.—The Idaho National
Laboratory shall organize a consortium of ap-
propriate industrial partners that will carry out
cost-shared research, development, design, and
construction activities, and operate research fa-
cilities, on behalf of the Project.
(B) COST-SHARING.—Activities of indus-
trial partners funded by the Project shall be cost-
shared in accordance with section 1002.
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(C) PREFERENCE.—Preference in deter-
mining the final structure of the consortium or
any partnerships under this subtitle shall be
given to a structure (including designating as a
lead industrial partner an entity incorporated
in the United States) that retains United States
technological leadership in the Project while
maximizing cost sharing opportunities and
minimizing Federal funding responsibilities.
(3) PROTOTYPE PLANT SITING.—The prototype
nuclear reactor and associated plant shall be sited at
the Idaho National Laboratory in Idaho.
(4) REACTOR TEST CAPABILITIES.—The Project
shall use, if appropriate, reactor test capabilities at
the Idaho National Laboratory.
(5) OTHER
LABORATORY
CAPABILITIES.—The
Project may use, if appropriate, facilities at other
National Laboratories.
SEC. 633. PROJECT ORGANIZATION.
(a) MAJOR PROJECT ELEMENTS.—The Project shall
consist of the following major program elements:
(1) High-temperature hydrogen production tech-
nology development and validation.
(2) Energy conversion technology development
and validation.
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(3) Nuclear fuel development, characterization,
and qualification.
(4) Materials selection, development, testing, and
qualification.
(5) Reactor and balance-of-plant design, engi-
neering, safety analysis, and qualification.
(b) PROJECT PHASES.—The Project shall be conducted
in the following phases:
(1) FIRST
PROJECT
PHASE.—A first project
phase shall be conducted to—
(A) select and validate the appropriate tech-
nology under subsection (a)(1);
(B) carry out enabling research, develop-
ment, and demonstration activities on tech-
nologies and components under paragraphs (2)
through (4) of subsection (a);
(C) determine whether it is appropriate to
combine electricity generation and hydrogen pro-
duction in a single prototype nuclear reactor
and plant; and
(D) carry out initial design activities for a
prototype nuclear reactor and plant, including
development of design methods and safety ana-
lytical methods and studies under subsection
(a)(5).
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(2) SECOND PROJECT PHASE.—A second project
phase shall be conducted to—
(A) continue appropriate activities under
paragraphs (1) though (5) of subsection (a);
(B) develop, through a competitive process,
a final design for the prototype nuclear reactor
and plant;
(C) apply for licenses to construct and oper-
ate the prototype nuclear reactor from the Nu-
clear Regulatory Commission; and
(D) construct and start up operations of the
prototype nuclear reactor and its associated hy-
drogen or electricity production facilities.
(c) PROJECT REQUIREMENTS.—
(1) IN
GENERAL.—The Secretary shall ensure
that the Project is structured so as to maximize the
technical interchange and transfer of technologies and
ideas into the Project from other sources of relevant
expertise, including—
(A) the nuclear power industry, including
nuclear powerplant construction firms, particu-
larly with respect to issues associated with plant
design, construction, and operational and safety
issues;
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(B) the chemical processing industry, par-
ticularly with respect to issues relating to—
(i) the use of process energy for produc-
tion of hydrogen; and
(ii) the integration of technologies de-
veloped by the Project into chemical proc-
essing environments; and
(C) international efforts in areas related to
the Project, particularly with respect to hydrogen
production technologies.
(2) INTERNATIONAL COLLABORATION.—
(A) IN GENERAL.—The Secretary shall seek
international cooperation, participation, and fi-
nancial contributions for the Project.
(B) 
ASSISTANCE
FROM
INTERNATIONAL
PARTNERS.—The Secretary, through the Idaho
National Laboratory, may contract for assist-
ance from specialists or facilities from member
countries of the Generation IV International
Forum, the Russian Federation, or other inter-
national partners if the specialists or facilities
provide access to cost-effective and relevant skills
or test capabilities.
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(C) PARTNER NATIONS.—The Project may
involve demonstration of selected project objec-
tives in a partner country.
(D) 
GENERATION
IV
INTERNATIONAL
FORUM.—The Secretary shall ensure that inter-
national activities of the Project are coordinated
with the Generation IV International Forum.
(3) REVIEW BY NUCLEAR ENERGY RESEARCH AD-
VISORY COMMITTEE.—
(A) IN GENERAL.—The Nuclear Energy Re-
search Advisory Committee of the Department
(referred to in this paragraph as the ‘‘NERAC’’)
shall—
(i) review all program plans for the
Project and all progress under the Project
on an ongoing basis; and
(ii) ensure that important scientific,
technical, safety, and program management
issues receive attention in the Project and
by the Secretary.
(B) ADDITIONAL EXPERTISE.—The NERAC
shall supplement the expertise of NERAC or ap-
point subpanels to incorporate into the review by
NERAC the relevant sources of expertise de-
scribed under paragraph (1).
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(C) INITIAL REVIEW.—Not later than 180
days after the date of enactment of this Act, the
NERAC shall—
(i) review existing program plans for
the Project in light of the recommendations
of the document entitled ‘‘Design Features
and Technology Uncertainties for the Next
Generation Nuclear Plant,’’ dated June 30,
2004; and
(ii) address any recommendations of
the document not incorporated in program
plans for the Project.
(D) FIRST PROJECT PHASE REVIEW.—On a
determination by the Secretary that the appro-
priate activities under the first project phase
under subsection (b)(1) are nearly complete, the
Secretary shall request the NERAC to conduct a
comprehensive review of the Project and to report
to the Secretary the recommendation of NERAC
concerning whether the Project is ready to pro-
ceed to the second project phase under subsection
(b)(2).
(E) TRANSMITTAL
OF
REPORTS
TO
CON-
GRESS.—Not later than 60 days after receiving
any report from the NERAC related to the