H. R. 6—195
adequate to meet domestic demand without the use of highly 
enriched uranium consistent with the cost increase described 
in paragraph (4)(B)(iii). 
‘‘(6) CERTIFICATION.—At such time as commercial facilities 
that do not use highly enriched uranium are capable of meeting 
domestic requirements for medical isotopes, within the cost 
increase described in paragraph (4)(B)(iii) and without 
impairing the reliable supply of medical isotopes for domestic 
utilization, the Secretary shall submit to Congress a certifi-
cation to that effect. 
‘‘(7) SUNSET PROVISION.—After the Secretary submits a cer-
tification under paragraph (6), the Commission shall, by rule, 
terminate its review of export license applications under this 
subsection.’’. 
SEC. 631. SAFE DISPOSAL OF GREATER-THAN-CLASS C RADIOACTIVE 
WASTE. 
(a) RESPONSIBILITY
FOR
ACTIVITIES
TO
PROVIDE
STORAGE 
FACILITY.—The Secretary shall provide to Congress official notifica-
tion of the final designation of an entity within the Department 
to have the responsibility of completing activities needed to provide 
a facility for safely disposing of all greater-than-Class C low-level 
radioactive waste. 
(b) REPORTS AND PLANS.— 
(1) REPORT ON PERMANENT DISPOSAL FACILITY.— 
(A) PLAN REGARDING COST AND SCHEDULE FOR COMPLE-
TION OF EIS AND ROD.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, in consultation 
with Congress, shall submit to Congress a report containing 
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 radioactive waste. 
(B) ANALYSIS OF ALTERNATIVES.—Before the Secretary 
makes a final decision on the disposal alternative or alter-
natives to be implemented, the Secretary shall— 
(i) submit to Congress a report that describes all 
alternatives under consideration, including all informa-
tion required in the comprehensive report making rec-
ommendations for ensuring the safe disposal of all 
greater-than-Class C low-level radioactive waste that 
was submitted by the Secretary to Congress in Feb-
ruary 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 Secretary 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 dis-
posal facility is available. 
(B) CONTENTS.—The plan shall address estimated cost, 
resource, and facility needs. 
SEC. 632. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT 
SPONSOR TERRORISM. 
(a) IN GENERAL.—Section 129 of the Atomic Energy Act of 
1954 (42 U.S.C. 2158) is amended—
H. R. 6—196
(1) by inserting ‘‘a.’’ before ‘‘No nuclear materials and equip-
ment’’; and 
(2) by adding at the end the following new subsection: 
‘‘b.(1) Notwithstanding any other provision of law, including 
specifically section 121 of this Act, and except as provided in para-
graphs (2) and (3), no nuclear materials and equipment or sensitive 
nuclear technology, including 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 directly or indirectly, and 
no Federal agency shall issue any license, approval, or authorization 
for the export or reexport, or transfer, or retransfer, whether directly 
or indirectly, of these items or assistance (as defined in this para-
graph) to 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 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 Export 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, reexports, trans-
fers, or retransfers of radiation monitoring technologies, surveillance 
equipment, seals, cameras, tamper-indication devices, nuclear detec-
tors, monitoring systems, or equipment necessary to safely store, 
transport, or remove hazardous materials, whether such items, 
services, or information are regulated by the Department of Energy, 
the Department of Commerce, or the 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 materials 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 inter-
national proliferation of nuclear explosive devices to individuals 
or groups or willfully aided and abetted an individual or groups 
in acquiring unsafeguarded nuclear materials; 
‘‘(B) in the judgment of the President, the government 
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 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 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
H. R. 6—197
of the date of the enactment of this Act but have not yet been 
transferred as of that date. 
SEC. 633. EMPLOYEE BENEFITS. 
Section 3110(a) 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.—To the extent appropriations 
are provided in advance for this purpose or are otherwise available, 
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 environ-
mental remediation services at the Portsmouth, Ohio, or the 
Paducah, Kentucky, Gaseous Diffusion Plant; 
‘‘(B) has been an employee of the Department of Energy’s 
predecessor management and integrating contractor (or its first 
or second tier subcontractors), or of the Corporation, at the 
Portsmouth, Ohio, or the Paducah, Kentucky, facility; and 
‘‘(C) was eligible as of April 1, 2005, to participate in 
or transfer into the Multiple Employer Pension 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.’’. 
SEC. 634. DEMONSTRATION HYDROGEN PRODUCTION AT EXISTING 
NUCLEAR POWER PLANTS. 
(a) DEMONSTRATION PROJECTS.—The Secretary shall provide 
for the establishment of 2 projects in geographic areas that are 
regionally and climatically diverse to demonstrate the commercial 
production of hydrogen at existing nuclear power plants. 
(b) ECONOMIC ANALYSIS.—Prior to making an award under 
subsection (a), the Secretary shall determine whether the use of 
existing nuclear power plants is a cost-effective means of producing 
hydrogen. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for the purposes of carrying 
out this section not more than $100,000,000. 
SEC. 635. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERN-
MENT OF LIABILITY FOR CERTAIN FOREIGN INCIDENTS. 
(a) IN GENERAL.—Notwithstanding 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 
modification of a contract or other arrangement, the purpose or 
effect of which would be to directly or indirectly impose liability 
on the United States Government, or any department, agency, 
or instrumentality of the United States Government, or to otherwise 
directly or indirectly require an indemnity by the United States 
Government, for nuclear incidents occurring in connection with 
the design, construction, or operation of a production facility or 
utilization facility 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 govern-
ment of which, as of September 11, 2001, had been determined 
by the Secretary of State under section 620A(a) of the Foreign