226
‘‘(7) SUNSET PROVISION.—After the Secretary 
submits a certification under paragraph (6), the 
Commission shall, by rule, terminate its review of 
export license applications under this subsection.’’. 
SEC. 634. FERNALD BYPRODUCT MATERIAL. 
Title III of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10221 et seq.) is amended by adding at the 
end the following new section: 
‘‘FERNALD BYPRODUCT MATERIAL 
‘‘SEC. 307. Notwithstanding any other law, the mate-
rial in the concrete silos at the Fernald uranium proc-
essing facility managed on the date of enactment of this 
section by the Department shall be considered byproduct 
material (as defined by section 11 e.(2) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2014(e)(2))). The Depart-
ment may dispose of the material in a facility regulated 
by the Commission or by an Agreement State. If the De-
partment disposes of the material in such a facility, the 
Commission or the Agreement State shall regulate the ma-
terial as byproduct material under that Act. This material 
shall remain subject to the jurisdiction of the Department 
until it is received at a commercial, Commission-licensed, 
or Agreement State-licensed facility, at which time the 
material shall be subject to the health and safety require-
ments of the Commission or the Agreement State with ju-
risdiction over the disposal site.’’.
227
SEC. 635. SAFE DISPOSAL OF GREATER-THAN-CLASS C RA-
DIOACTIVE WASTE. 
Subtitle D of title I of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10171) is amended by adding at the 
end the following new section: 
‘‘SAFE DISPOSAL OF GREATER-THAN-CLASS C 
RADIOACTIVE WASTE 
‘‘SEC. 152. (a) DESIGNATION OF RESPONSIBILITY.—
The Secretary shall designate an Office within the Depart-
ment to have the responsibility for activities needed to de-
velop a new, or use an existing, facility for safely disposing 
of all low-level radioactive waste with concentrations of 
radionuclides that exceed the limits established by the 
Commission for Class C radioactive waste (referred to in 
this section as ‘GTCC waste’). 
‘‘(b) COMPREHENSIVE PLAN.—The Secretary shall 
develop a comprehensive plan for permanent disposal of 
GTCC waste which includes plans for a disposal facility. 
This plan shall be transmitted to Congress in a series of 
reports, including the following: 
‘‘(1) REPORT
ON
SHORT-TERM
PLAN.—Not 
later than 180 days after the date of enactment of 
this section, the Secretary shall submit to Congress 
a plan describing the Secretary’s operational strat-
egy for continued recovery and storage of GTCC 
waste until a permanent disposal facility is available.
228
‘‘(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;
229
‘‘(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
230
(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-