H. R. 6—191
‘‘SEC. 170C. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED 
FEDERAL RETIREES. 
‘‘a. IN GENERAL.—The Commission may waive the application 
of section 8344 or 8468 of title 5, United States Code, on a case-
by-case basis for employment of an annuitant— 
‘‘(1) in a position of the Commission for which there is 
exceptional difficulty in recruiting or retaining a qualified 
employee; or 
‘‘(2) when a temporary emergency hiring need exists. 
‘‘b. PROCEDURES.—The Commission shall prescribe procedures 
for the exercise of authority under this section, including— 
‘‘(1) criteria for any exercise of authority; and 
‘‘(2) procedures for a delegation of authority. 
‘‘c. EFFECT OF WAIVER.—An employee as to whom a waiver 
under this section is in effect shall not be considered an employee 
for purposes of subchapter II of chapter 83, or chapter 84, of 
title 5, United States Code.’’. 
(b) CONFORMING AMENDMENT.—The table of sections of the 
Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended 
by adding at the end of the items relating to chapter 14 the 
following:
‘‘Sec. 170C. Elimination of pension offset for certain rehired Federal retirees.’’.
SEC. 625. ANTITRUST REVIEW. 
Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
2135(c)) is amended by adding at the end the following: 
‘‘(9) APPLICABILITY.—This subsection does not apply to an 
application for a license to construct or operate a utilization facility 
or production facility under section 103 or 104 b. that is filed 
on or after the date of enactment of this paragraph.’’. 
SEC. 626. DECOMMISSIONING. 
Section 161 i. of the Atomic Energy Act of 1954 (42 U.S.C. 
2201(i)) is amended— 
(1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’; and 
(2) by inserting before the semicolon at the end the fol-
lowing: ‘‘, and (4) to ensure that sufficient funds will be avail-
able for the decommissioning of any production or utilization 
facility licensed under section 103 or 104 b., including standards 
and restrictions governing the control, maintenance, use, and 
disbursement by any former licensee under this Act that has 
control over any fund for the decommissioning of the facility’’. 
SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT. 
Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 
5841 et seq.) is amended by adding at the end the following new 
section: 
‘‘LIMITATION ON LEGAL FEE REIMBURSEMENT 
‘‘SEC. 212. The Department of Energy shall not, except as 
required under a contract entered into before the date of enactment 
of this section, reimburse any contractor or subcontractor of the 
Department for any legal fees or expenses incurred with respect 
to a complaint subsequent to— 
‘‘(1) an adverse determination on the merits with respect 
to such complaint against the contractor or subcontractor by 
the Director of the Department of Energy’s Office of Hearings
H. R. 6—192
and Appeals pursuant to part 708 of title 10, Code of Federal 
Regulations, or by a Department of Labor Administrative Law 
Judge pursuant to section 211 of this Act; or 
‘‘(2) an adverse final judgment by any State or Federal 
court with respect to such complaint against the contractor 
or subcontractor for wrongful termination or retaliation due 
to the making of disclosures protected under chapter 12 of 
title 5, United States Code, section 211 of this Act, or any 
comparable State law, 
unless the adverse determination or final judgment is reversed 
upon further administrative or judicial review.’’. 
SEC. 628. DECOMMISSIONING PILOT PROGRAM. 
(a) PILOT PROGRAM.—The Secretary shall establish a decommis-
sioning pilot program under which the Secretary shall decommission 
and decontaminate the sodium-cooled fast breeder experimental 
test-site reactor located in northwest Arkansas, in accordance with 
the decommissioning activities contained in the report of the Depart-
ment 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. 
SEC. 629. WHISTLEBLOWER PROTECTION. 
(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 the period at the 
end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(E) a contractor or subcontractor of the Commission; 
‘‘(F) the Commission; and 
‘‘(G) the Department of Energy.’’. 
(b) DE NOVO REVIEW.—Subsection (b) of such section 211 is 
amended by adding at the end the following new paragraph: 
‘‘(4) If the Secretary has not issued a final decision within 
1 year 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 review 
in the appropriate district court of the United States, which 
shall have jurisdiction over such an action without regard to 
the amount in controversy.’’. 
SEC. 630. 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 Commission’’ 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 following: 
‘‘b. MEDICAL ISOTOPE PRODUCTION.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) HIGHLY
ENRICHED
URANIUM.—The term ‘highly 
enriched uranium’ means uranium enriched to include con-
centration of U–235 above 20 percent.
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‘‘(B) MEDICAL
ISOTOPE.—The term ‘medical isotope’ 
includes Molybdenum 99, Iodine 131, Xenon 133, and other 
radioactive materials used to produce a radiopharma-
ceutical for diagnostic, therapeutic procedures or for 
research and development. 
‘‘(C) RADIOPHARMACEUTICAL.—The term ‘radiopharma-
ceutical’ means a radioactive isotope that— 
‘‘(i) contains byproduct material combined with 
chemical or biological material; and 
‘‘(ii) is designed to accumulate temporarily 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 ‘recipient country’ 
means Canada, Belgium, France, Germany, and the 
Netherlands. 
‘‘(2) LICENSES.—The Commission may issue a license 
authorizing the export (including shipment to and use at inter-
mediate and ultimate consignees specified in the license) to 
a recipient country of highly enriched uranium for medical 
isotope production if, in addition to any other requirements 
of this Act (except subsection a.), the Commission determines 
that— 
‘‘(A) a recipient country that supplies an assurance 
letter to the United States Government in connection with 
the consideration by the Commission of the export license 
application has informed the United States Government 
that any intermediate consignees and the ultimate con-
signee specified in the application are required to use the 
highly enriched uranium solely to produce medical isotopes; 
and 
‘‘(B) the highly enriched uranium for medical isotope 
production will be irradiated only in a reactor in a recipient 
country that— 
‘‘(i) uses an alternative nuclear reactor fuel; or 
‘‘(ii) is the subject of an agreement with the United 
States Government to convert to an alternative nuclear 
reactor fuel when alternative nuclear reactor fuel can 
be used in the reactor. 
‘‘(3) REVIEW OF PHYSICAL PROTECTION REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Commission shall review the 
adequacy of physical protection requirements that, as of 
the date of an application under paragraph (2), are 
applicable to the transportation and storage of highly 
enriched uranium for medical isotope production or control 
of residual material after irradiation and extraction of med-
ical isotopes. 
‘‘(B) IMPOSITION OF ADDITIONAL REQUIREMENTS.—If the 
Commission determines that additional physical protection 
requirements are necessary (including a limit on the 
quantity of highly enriched uranium that may be contained 
in a single shipment), the Commission shall impose such 
requirements as license conditions or through other appro-
priate means. 
‘‘(4) FIRST REPORT TO CONGRESS.—