191 
‘‘Sec. 2604. Leases, business agreements, and rights-of-way involving energy de-
velopment or transmission. 
‘‘Sec. 2605. Indian mineral development review.’’. 
§ 504. Four Corners transmission line project 
The Dine Power Authority, an enterprise of the Navajo 
Nation, shall be eligible to receive grants and other assist-
ance as authorized by section 217 of the Department of En-
ergy Organization Act, as added by section 502 of this title, 
and section 2602 of the Energy Policy Act of 1992, as 
amended by this title, for activities associated with the de-
velopment of a transmission line from the Four Corners 
Area to southern Nevada, including related power genera-
tion opportunities. 
§ 505. Energy efficiency in federally assisted housing 
(a) IN GENERAL.—The Secretary of Housing and 
Urban Development shall promote energy conservation in 
housing that is located on Indian land and assisted with 
Federal resources through— 
(1) the use of energy-efficient technologies and 
innovations (including the procurement of energy-effi-
cient refrigerators and other appliances); 
(2) the promotion of shared savings contracts; 
and 
(3) the use and implementation of such other 
similar technologies and innovations as the Secretary 
of Housing and Urban Development considers to be 
appropriate.
192 
(b) AMENDMENT.—Section 202(2) of the Native Amer-
ican Housing and Self-Determination Act of 1996 (25 
U.S.C. 4132(2)) is amended by inserting ‘‘improvement to 
achieve greater energy efficiency,’’ after ‘‘planning,’’. 
§ 506. Consultation with Indian tribes 
In carrying out this title and the amendments made 
by this title, the Secretary of Energy and the Secretary 
shall, as appropriate and to the maximum extent prac-
ticable, involve and consult with Indian tribes in a manner 
that is consistent with the Federal trust and the govern-
ment-to-government relationships between Indian tribes 
and the United States. 
TITLE VI—NUCLEAR MATTERS 
Subtitle A—Price-Anderson Act Amendments 
§ 601. Short title 
This subtitle may be cited as the ‘‘Price-Anderson 
Amendments Act of 2005’’ . 
§ 602. Extension of indemnification authority 
(a) INDEMNIFICATION
OF
NUCLEAR
REGULATORY 
COMMISSION LICENSEES.—Section 170 c. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2210(c)) is amended— 
(1) in the subsection heading, by striking ‘‘LI-
CENSES’’ and inserting ‘‘LICENSEES’’; and 
(2) by striking ‘‘December 31, 2003’’ each place 
it appears and inserting ‘‘December 31, 2025’’.
193 
(b) INDEMNIFICATION OF DEPARTMENT OF ENERGY 
CONTRACTORS.—Section 170 d.(1)(A) of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by strik-
ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 
2025’’. 
(c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL 
INSTITUTIONS.—Section 170 k. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(k)) is amended by striking ‘‘August 
1, 2002’’ each place it appears and inserting ‘‘December 
31, 2025’’. 
§ 603. Maximum assessment 
Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) is amended— 
(1) in the second proviso of the third sentence of 
subsection b.(1)— 
(A) by striking ‘‘$63,000,000’’ and inserting 
‘‘$95,800,000’’; and 
(B) by striking ‘‘$10,000,000 in any 1 
year’’ and inserting ‘‘$15,000,000 in any 1 year 
(subject to adjustment for inflation under sub-
section t.)’’; and 
(2) in subsection t.(1)— 
(A) by inserting ‘‘total and annual’’ after 
‘‘amount of the maximum’’;
194 
(B) by striking ‘‘the date of the enactment 
of the Price-Anderson Amendments Act of 1988’’ 
and inserting ‘‘August 20, 2003’’; and 
(C) in subparagraph (A), by striking ‘‘such 
date of enactment’’ and inserting ‘‘August 20, 
2003’’. 
§ 604. Department of Energy liability limit 
(a) INDEMNIFICATION OF DEPARTMENT OF ENERGY 
CONTRACTORS.—Section 170 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(d)) is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) In an agreement of indemnification entered into 
under paragraph (1), the Secretary— 
‘‘(A) may require the contractor to provide and 
maintain financial protection of such a type and in 
such amounts as the Secretary shall determine to be 
appropriate to cover public liability arising out of or 
in connection with the contractual activity; and 
‘‘(B) shall indemnify the persons indemnified 
against such liability above the amount of the finan-
cial 
protection 
required, 
in 
the 
amount 
of 
$10,000,000,000 (subject to adjustment for inflation 
under subsection t.), in the aggregate, for all persons 
indemnified in connection with the contract and for
195 
each nuclear incident, including such legal costs of the 
contractor as are approved by the Secretary.’’. 
(b) CONTRACT AMENDMENTS.—Section 170 d. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further 
amended by striking paragraph (3) and inserting the fol-
lowing— 
‘‘(3) All agreements of indemnification under which 
the Department of Energy (or its predecessor agencies) may 
be required to indemnify any person under this section shall 
be deemed to be amended, on the date of enactment of the 
Price-Anderson Amendments Act of 2005, to reflect the 
amount of indemnity for public liability and any applica-
ble financial protection required of the contractor under this 
subsection.’’. 
(c) LIABILITY LIMIT.—Section 170 e.(1)(B) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is 
amended— 
(1) by striking ‘‘the maximum amount of finan-
cial protection required under subsection b. or’’; and 
(2) by striking ‘‘paragraph (3) of subsection d., 
whichever amount is more’’ and inserting ‘‘paragraph 
(2) of subsection d.’’. 
§ 605. Incidents outside the United States 
(a) AMOUNT OF INDEMNIFICATION.—Section 170 d.(5) 
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5))
196 
is amended by striking ‘‘$100,000,000’’ and inserting 
‘‘$500,000,000’’. 
(b) LIABILITY LIMIT.—Section 170 e.(4) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by 
striking ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. 
§ 606. Reports 
Section 170 p. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’ 
and inserting ‘‘December 31, 2021’’. 
§ 607. Inflation adjustment 
Section 170 t. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(t)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(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
197 
‘‘(B) the previous adjustment under this para-
graph.’’. 
§ 608. Treatment of modular reactors 
Section 170 b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(b)) is amended by adding at the end the fol-
lowing: 
‘‘(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 100,000 electrical kilo-
watts or more but not more than 300,000 electrical kilo-
watts, with a combined rated capacity of not more than 
1,300,000 electrical kilowatts.’’. 
§ 609. Applicability 
The amendments made by sections 603, 604, and 605 
do not apply to a nuclear incident that occurs before the 
date of the enactment of this Act.
198 
§ 610. Prohibition on assumption by United States 
Government of liability for certain foreign 
incidents 
Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) is amended by adding at the end the following 
new subsection: 
‘‘u. PROHIBITION ON ASSUMPTION OF LIABILITY FOR 
CERTAIN FOREIGN INCIDENTS.—Notwithstanding this sec-
tion or any other provision of law, no officer of the United 
States or of any department, agency, or instrumentality of 
the United States Government may enter into any contract 
or other arrangement, or into any amendment or modifica-
tion of a contract or other arrangement, the purpose or ef-
fect of which would be to directly or indirectly impose li-
ability on the United States Government, or any depart-
ment, agency, or instrumentality of the United States Gov-
ernment, or to otherwise directly or indirectly require an 
indemnity by the United States Government, for nuclear 
incidents occurring in connection with the design, construc-
tion, or operation of a production facility or utilization fa-
cility in any country whose government has been identified 
by the Secretary of State as engaged in state sponsorship 
of terrorist activities (specifically including any country the 
government of which, as of September 11, 2001, had been 
determined by the Secretary of State under section 620A(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
199 
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 
Export Control Act (22 U.S.C. 2780(d)) to have repeatedly 
provided support for acts of international terrorism). This 
subsection shall not apply to nuclear incidents occurring 
as a result of missions, carried out under the direction of 
the Secretary of Energy, the Secretary of Defense, or the 
Secretary of State, that are necessary to safely secure, store, 
transport, or remove nuclear materials for nuclear safety 
or nonproliferation purposes.’’. 
§ 611. 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.—Subsection d. of section 234A of the Atomic Energy 
Act of 1954 (42 U.S.C. 2282a(d)) is amended to read as 
follows: 
‘‘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.
200 
‘‘(2) For purposes of this section, the term ‘not-for- 
profit’ means that no part of the net earnings of the con-
tractor, subcontractor, or supplier inures to the benefit of 
any natural person 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 
a contract entered into before the date of enactment of this 
section. 
§ 612. Financial accountability 
(a) AMENDMENT.—Section 170 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210) is amended by adding at the 
end the following new subsection: 
‘‘v. 
FINANCIAL
ACCOUNTABILITY.—(1) 
Notwith-
standing subsection d., the Attorney General may bring an 
action in the appropriate United States district court to 
recover from a contractor of the Secretary (or subcontractor 
or supplier of such contractor) amounts paid by the Federal 
Government under an agreement of indemnification under 
subsection d. for public liability resulting from conduct 
which constitutes intentional misconduct of any corporate 
officer, manager, or superintendent of such contractor (or 
subcontractor or supplier of such contractor). 
‘‘(2) The Attorney General may recover under 
paragraph (1) an amount not to exceed the amount
201 
of the profit derived by the defendant from the con-
tract. 
‘‘(3) No amount recovered from any contractor 
(or subcontractor or supplier of such contractor) 
under paragraph (1) may be reimbursed directly or 
indirectly by the Department of Energy. 
‘‘(4) Paragraph (1) shall not apply to any non-
profit entity conducting activities under contract for 
the Secretary. 
‘‘(5) No waiver of a defense required under this 
section shall prevent a defendant from asserting such 
defense in an action brought under this subsection. 
‘‘(6) The Secretary shall, by rule, define the 
terms ‘profit’ and ‘nonprofit entity’ for purposes of 
this subsection. Such rulemaking shall be completed 
not later than 180 days after the date of the enact-
ment of this subsection.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall not apply to any agreement of indemnification 
entered into under section 170 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210(d)) before the date of the enactment 
of this Act.
202 
Subtitle B—General Nuclear Matters 
§ 621. Licenses 
Section 103 c. of the Atomic Energy Act of 1954 (42 
U.S.C. 2133(c)) is amended by inserting ‘‘from the author-
ization to commence operations’’ after ‘‘forty years’’. 
§ 622. NRC training program 
(a) IN GENERAL.—In order to maintain the human 
resource investment and infrastructure of the United States 
in the nuclear sciences, health physics, and engineering 
fields, in accordance with the statutory authorities of the 
Nuclear Regulatory Commission relating to the civilian nu-
clear energy program, the Nuclear Regulatory Commission 
shall carry out a training and fellowship program to ad-
dress shortages of individuals with critical nuclear safety 
regulatory skills. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Nuclear Regulatory Commission to 
carry out this section $1,000,000 for each of fiscal 
years 2005 through 2009. 
(2) AVAILABILITY.—Funds made available under 
paragraph (1) shall remain available until expended. 
§ 623. Cost recovery from government agencies 
Section 161 w. of the Atomic Energy Act of 1954 (42 
U.S.C. 2201(w)) is amended—
203 
(1) by striking ‘‘for or is issued’’ and all that fol-
lows through ‘‘1702’’ and inserting ‘‘to the Commis-
sion for, or is issued by the Commission, a license or 
certificate’’; 
(2) by striking ‘‘483a’’ and inserting ‘‘9701’’; 
and 
(3) by striking ‘‘, of applicants for, or holders of, 
such licenses or certificates’’. 
§ 624. Elimination of pension offset 
Section 161 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201) is amended by adding at the end the following: 
‘‘y. Exempt from the application of sections 8344 and 
8468 of title 5, United States Code, an annuitant who was 
formerly an employee of the Commission who is hired by 
the Commission as a consultant, if the Commission finds 
that the annuitant has a skill that is critical to the perform-
ance of the duties of the Commission.’’. 
§ 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 fol-
lowing: 
‘‘(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
204 
or 104 b. that is filed on or after the date of enactment 
of this paragraph.’’. 
§ 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 following: ‘‘, and (4) to ensure that sufficient 
funds will be available for the decommissioning of 
any production or utilization facility licensed under 
section 103 or 104 b., including standards and re-
strictions governing the control, maintenance, use, 
and disbursement by any former licensee under this 
Act that has control over any fund for the decommis-
sioning of the facility’’. 
§ 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 ex-
penses incurred with respect to a complaint subsequent to—
205 
‘‘(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 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 termi-
nation 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 re-
versed upon further administrative or judicial review.’’. 
§ 629. Report on feasibility of developing commercial 
nuclear energy generation facilities at ex-
isting Department of Energy sites 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Energy shall submit to Congress 
a report on the feasibility of developing commercial nuclear 
energy generation facilities at Department of Energy sites 
in existence on the date of enactment of this Act.
206 
§ 630. Uranium sales 
(a) SALES, TRANSFERS, AND
SERVICES.—Section 
3112 of the USEC Privatization Act (42 U.S.C. 2297h–10) 
is amended by striking subsections (d), (e), and (f) and in-
serting the following: 
‘‘(3) The Secretary may transfer to the Corporation, 
notwithstanding subsections (b)(2) and (d), natural ura-
nium in amounts sufficient to fulfill the Department of En-
ergy’s commitments under Article 4(B) of the Agreement be-
tween the Department and the Corporation dated June 17, 
2002. 
‘‘(d) INVENTORY SALES.—(1) In addition to the trans-
fers and sales authorized under subsections (b) and (c) and 
under paragraph (5) of this subsection, the United States 
Government may transfer or sell uranium in any form sub-
ject to paragraphs (2), (3), and (4). 
‘‘(2) Except as provided in subsections (b) and (c) and 
paragraph (5) of this subsection, no sale or transfer of ura-
nium shall be made under this subsection by the United 
States Government unless— 
‘‘(A) the President determines that the material 
is not necessary for national security needs and the 
sale or transfer has no adverse impact on implemen-
tation of existing government-to-government agree-
ments;
207 
‘‘(B) the price paid to the appropriate Federal 
agency, if the transaction is a sale, will not be less 
than the fair market value of the material; and 
‘‘(C) the sale or transfer to commercial nuclear 
power end users is made pursuant to a contract of at 
least 3 years’ duration. 
‘‘(3) Except as provided in paragraph (5), the United 
States Government shall not make any transfer or sale of 
uranium in any form under this subsection that would 
cause the total amount of uranium transferred or sold pur-
suant to this subsection that is delivered for consumption 
by commercial nuclear power end users to exceed— 
‘‘(A) 3,000,000 pounds of U3 O8 equivalent in 
fiscal year 2005, 2006, 2007, 2008, or 2009; 
‘‘(B) 5,000,000 pounds of U3O8 equivalent in fis-
cal year 2010 or 2011; 
‘‘(C) 7,000,000 pounds of U3O8 equivalent in fis-
cal year 2012; and 
‘‘(D) 10,000,000 pounds of U3O8 equivalent in 
fiscal year 2013 or any fiscal year thereafter. 
‘‘(4) Except for sales or transfers under paragraph (5), 
for the purposes of this subsection, the recovery of uranium 
from uranium bearing materials transferred or sold by the 
United States Government to the domestic uranium indus-
try shall be the preferred method of making uranium avail-
208 
able. The recovered uranium shall be counted against the 
annual maximum deliveries set forth in this section, when 
such uranium is sold to end users. 
‘‘(5) The United States Government may make the fol-
lowing sales and transfers: 
‘‘(A) Sales or transfers to a Federal agency if the 
material is transferred for the use of the receiving 
agency without any resale or transfer to another enti-
ty and the material does not meet commercial speci-
fications. 
‘‘(B) Sales or transfers to any person for na-
tional security purposes, as determined by the Sec-
retary. 
‘‘(C) Sales or transfers to any State or local 
agency or nonprofit, charitable, or educational insti-
tution for use other than the generation of electricity 
for commercial use. 
‘‘(D) Sales or transfers to the Department of En-
ergy research reactor sales program. 
‘‘(E) Sales or transfers, at fair market value, for 
emergency purposes in the event of a disruption in 
supply to commercial nuclear power end users in the 
United States.
209 
‘‘(F) Sales or transfers, at fair market value, for 
use in a commercial reactor in the United States with 
nonstandard fuel requirements. 
‘‘(G) Sales or transfers provided for under law 
for use by the Tennessee Valley Authority in relation 
to the Department of Energy’s highly enriched ura-
nium or tritium programs. 
‘‘(6) For purposes of this subsection, the term ‘United 
States Government’ does not include the Tennessee Valley 
Authority. 
‘‘(e) SAVINGS PROVISION.—Nothing in this subchapter 
modifies the terms of the Russian HEU Agreement. 
‘‘(f) SERVICES.—Notwithstanding any other provision 
of this section, if the Secretary determines that the Corpora-
tion has failed, or may fail, to perform any obligation 
under the Agreement between the Department of Energy 
and the Corporation dated June 17, 2002, and as amended 
thereafter, which failure could result in termination of the 
Agreement, the Secretary shall notify Congress, in such a 
manner that affords Congress an opportunity to comment, 
prior to a determination by the Secretary whether termi-
nation, waiver, or modification of the Agreement is re-
quired. The Secretary is authorized to take such action as 
he determines necessary under the Agreement to terminate,
210 
waive, or modify provisions of the Agreement to achieve its 
purposes.’’. 
(b) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary of Energy shall re-
port to Congress on the implementation of this section. The 
report shall include a discussion of available excess ura-
nium inventories; all sales or transfers made by the United 
States Government; the impact of such sales or transfers 
on the domestic uranium industry, the spot market ura-
nium price, and the national security interests of the 
United States; and any steps taken to remediate any ad-
verse impacts of such sales or transfers. 
§ 631. Cooperative research and development and spe-
cial demonstration projects for the ura-
nium mining industry 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Energy 
$10,000,000 for each of fiscal years 2006, 2007, and 2008 
for— 
(1) cooperative, cost-shared agreements between 
the Department of Energy and domestic uranium 
producers to identify, test, and develop improved in 
situ leaching mining technologies, including low-cost 
environmental restoration technologies that may be
211 
applied to sites after completion of in situ leaching 
operations; and 
(2) funding for competitively selected demonstra-
tion projects with domestic uranium producers relat-
ing to— 
(A) enhanced production with minimal en-
vironmental impacts; 
(B) restoration of well fields; and 
(C) decommissioning and decontamination 
activities. 
(b) DOMESTIC URANIUM PRODUCER.—For purposes of 
this section, the term ‘‘domestic uranium producer’’ has the 
meaning given that term in section 1018(4) of the Energy 
Policy Act of 1992 (42 U.S.C. 2296b–7(4)), except that the 
term shall not include any producer that has not produced 
uranium from domestic reserves on or after July 30, 1998. 
(c) LIMITATION.—No activities funded under this sec-
tion may be carried out in the State of New Mexico. 
§ 632. 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;
212 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’ and 
(3) by adding at the end the following: 
‘‘(E) a contractor or subcontractor of the 
Commission.’’. 
(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 deci-
sion within 540 days 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 seek-
ing 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.’’. 
§ 633. 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 Commis-
sion’’ and inserting ‘‘a. IN GENERAL.—Except as 
provided in subsection b., the Commission’’; 
(2) by redesignating subsection b. as subsection 
c.; and
213 
(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 concentration of U–235 above 
20 percent. 
‘‘(B) MEDICAL ISOTOPE.—The term ‘med-
ical isotope’ includes Molybdenum 99, Iodine 
131, Xenon 133, and other radioactive materials 
used to produce a radiopharmaceutical for diag-
nostic, therapeutic procedures or for research and 
development. 
‘‘(C) RADIOPHARMACEUTICAL.—The term 
‘radiopharmaceutical’ means a radioactive iso-
tope that— 
‘‘(i) contains byproduct material com-
bined with chemical or biological material; 
and 
‘‘(ii) is designed to accumulate tempo-
rarily 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.
214 
‘‘(D) RECIPIENT COUNTRY.—The term ‘re-
cipient 
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 intermediate and ultimate consignees spec-
ified 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 (ex-
cept 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 Com-
mission of the export license application has in-
formed 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 med-
ical isotope production will be irradiated only in 
a reactor in a recipient country that— 
‘‘(i) uses an alternative nuclear reactor 
fuel; or
215 
‘‘(ii) is the subject of an agreement 
with the United States Government to con-
vert to an alternative nuclear reactor fuel 
when alternative nuclear reactor fuel can be 
used in the reactor. 
‘‘(3) REVIEW
OF
PHYSICAL
PROTECTION
RE-
QUIREMENTS.— 
‘‘(A) IN GENERAL.—The Commission shall 
review the adequacy of physical protection re-
quirements that, as of the date of an application 
under paragraph (2), are applicable to the trans-
portation and storage of highly enriched ura-
nium for medical isotope production or control 
of residual material after irradiation and extrac-
tion of medical isotopes. 
‘‘(B) IMPOSITION OF ADDITIONAL REQUIRE-
MENTS.—If the Commission determines that ad-
ditional 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 im-
pose such requirements as license conditions or 
through other appropriate means. 
‘‘(4) FIRST REPORT TO CONGRESS.—