I 

111TH CONGRESS 

2D SESSION H. R. 5979 

To amend the Atomic Energy Act of 1954 to establish a United States 

Nuclear Fuel Management Corporation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2010 

Mr. UPTON (for himself, Mr. BACHUS, Mr. WHITFIELD, Mrs. MYRICK, Mr. 

TIM MURPHY of Pennsylvania, Mr. TERRY, Mrs. BIGGERT, and Mr. 

LATTA) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Budget, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Atomic Energy Act of 1954 to establish a 

United States Nuclear Fuel Management Corporation, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Nuclear 

5 Fuel Management Corporation Establishment Act of 

6 2010’’. 


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1 SEC. 2. UNITED STATES NUCLEAR FUEL MANAGEMENT 

2 CORPORATION. 

3 (a) IN GENERAL.—The Atomic Energy Act of 1954 

4 (42 U.S.C. 2011 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘TITLE III—UNITED STATES NU7 CLEAR FUEL MANAGEMENT 

8 CORPORATION 

9 ‘‘SEC. 3001. PURPOSE. 

10 ‘‘The purpose of this title is to establish a corpora11 tion— 

12 ‘‘(1) to implement integrated spent nuclear fuel 

13 management consistent with the policy of the Fed14 eral Government on a self-sustaining basis through 

15 the use of a spent nuclear fuel management enter16 prise that will eliminate the need for Federal fund17 ing (other than funding provided pursuant to this 

18 title); 

19 ‘‘(2) to assume responsibility for the activities, 

20 obligations, and resources of the Federal Govern21 ment with respect to spent nuclear fuel manage22 ment, including the duties and powers of— 

23 ‘‘(A) the Secretary relating to the Nuclear 

24 Waste Fund; and 


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1 ‘‘(B) the Office of Civilian Radioactive 

2 Waste Management under section 304 of that 

3 Act (42 U.S.C. 10224); 

4 ‘‘(3) to ensure in the United States— 

5 ‘‘(A) the common defense and security; 

6 and 

7 ‘‘(B) compliance with laws and policies 

8 concerning nonproliferation of atomic weapons 

9 and other nonpeaceful uses of atomic energy; 

10 ‘‘(4) to advance technologies and facilities to 

11 support all options for a long-term nuclear fuel cycle 

12 that will— 

13 ‘‘(A) address global counterproliferation 

14 and counterterrorism; 

15 ‘‘(B) promote efficient utilization of nu16 clear fuel resources; and 

17 ‘‘(C) provide for safe, secure storage and 

18 disposal of nuclear materials; 

19 ‘‘(5) to maintain a reliable and economical do20 mestic source of spent nuclear fuel management 

21 services and sustain and support the expansion of 

22 nuclear energy in meeting United States require23 ments for clean, safe, reliable, and affordable energy; 

24 ‘‘(6) to provide spent nuclear fuel management 

25 and related services to— 


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1 ‘‘(A) the Department of Energy for gov2 ernmental purposes; 

3 ‘‘(B) domestic persons; and 

4 ‘‘(C) other entities, as determined by the 

5 President; and 

6 ‘‘(7) to carry out other activities to advance the 

7 purposes described in this section. 

8 ‘‘SEC. 3002. DEFINITIONS. 

9 ‘‘In this title: 

10 ‘‘(1) BOARD.—The term ‘Board’ means the 

11 Board of Directors of the Corporation established 

12 under section 3103. 

13 ‘‘(2) CORPORATION.—The term ‘Corporation’ 

14 means the United States Spent Nuclear Fuel Cor15 poration established by section 3101(a). 

16 ‘‘(3) CORPORATION FUND.—The term ‘Corpora17 tion Fund’ means the United States Nuclear Fuel 

18 Management Corporation Fund established by sec19 tion 3107. 

20 ‘‘(4) DECOMMISSIONING; DECONTAMINATION.— 

21 The terms ‘decommissioning’ and ‘decontamination’, 

22 with respect to an activity, include any activity other 

23 than a response action or corrective action carried 

24 out for purposes of decontaminating or decommis25 sioning a facility for spent nuclear fuel management 


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1 that has residual radioactive or mixed radioactive 

2 and hazardous chemical contamination (including 

3 depleted tailings). 

4 ‘‘(5) DEPARTMENT.—The term ‘Department’ 

5 means the Department of Energy. 

6 ‘‘(6) NUCLEAR WASTE FUND.—The term ‘Nu7 clear Waste Fund’ means the Nuclear Waste Fund 

8 established under section 302 of the Nuclear Waste 

9 Policy Act of 1982 (42 U.S.C. 10222). 

10 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

11 the Secretary of Energy. 

12 ‘‘(8) SPENT FUEL DISPOSAL CONTRACT.—The 

13 term ‘spent fuel disposal contract’ means a contract 

14 between the Secretary and a person entered into 

15 pursuant to section 302(a) of the Nuclear Waste 

16 Policy Act of 1982 (42 U.S.C. 10222(a)). 

17 ‘‘(9) SPENT NUCLEAR FUEL.—The term ‘spent 

18 nuclear fuel’ means any nuclear fuel or highly radio19 active waste that has been irradiated in a domestic, 

20 commercial nuclear power reactor pursuant to a 

21 spent fuel disposal contract. 

22 ‘‘(10) SPENT NUCLEAR FUEL MANAGEMENT.— 

23 The term ‘spent nuclear fuel management’ means 

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1 tion, or sale of spent nuclear fuel or a product de2 rived from spent nuclear fuel. 

3 ‘‘(11) STAKEHOLDER ORGANIZATION.—The 

4 term ‘stakeholder organization’ means any organiza5 tion that as of the date of enactment of this title is 

6 contributing or has contributed to the Nuclear 

7 Waste Fund. 

8 ‘‘(12) TECHNOLOGY FOR SPENT NUCLEAR FUEL

9 MANAGEMENT.—The term ‘technology for spent nu10 clear fuel management’ means any technology used 

11 to transport, store, process, reprocess, or dispose of 

12 spent nuclear fuel. 

13 ‘‘(13) TRANSFER DATE.—The term ‘transfer 

14 date’ means the earlier of— 

15 ‘‘(A) the transfer date of the last asset, 

16 property, right, liability, or obligation trans17 ferred from the Secretary to the Corporation 

18 under this title (other than liabilities or obliga19 tions arising under contracts to dispose of spent 

20 nuclear fuel and high level radioactive waste); 

21 or 

22 ‘‘(B) the date that is 18 months after the 

23 date of enactment of this title. 


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1 ‘‘Subtitle A—Establishment, 

2 Powers, and Organization 

3 ‘‘SEC. 3101. ESTABLISHMENT. 

4 ‘‘(a) IN GENERAL.—There is established a corpora5 tion, to be known as the ‘United States Nuclear Fuel Man6 agement Corporation’. 

7 ‘‘(b) TREATMENT.—Except as otherwise provided in 

8 this title, the Corporation shall be— 

9 ‘‘(1) a wholly owned Federal corporation, sub10 ject to chapter 91 of title 31, United States Code; 

11 and 

12 ‘‘(2) considered to be a Federal agency. 

13 ‘‘(c) CORPORATE OFFICES.— 

14 ‘‘(1) IN GENERAL.—The Corporation shall— 

15 ‘‘(A) for the service of process and papers, 

16 maintain an office in the District of Columbia; 

17 and 

18 ‘‘(B) for purposes of venue in civil actions, 

19 be considered to be a resident of the District of 

20 Columbia. 

21 ‘‘(2) OTHER OFFICES.—The Corporation may 

22 establish offices in such other locations as the Cor23 poration determines to be appropriate. 

24 ‘‘SEC. 3102. POWERS. 

25 ‘‘(a) IN GENERAL.—The Corporation— 


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1 ‘‘(1) except as otherwise provided in this title or 

2 applicable Federal law, shall have all the powers of 

3 a private corporation incorporated under the District 

4 of Columbia Business Corporation Act (D.C. Code 

5 section 29–301 et seq.); 

6 ‘‘(2) shall have the priority of the United States 

7 with respect to the payment of debts from bankrupt, 

8 insolvent, and decedent persons or estates; 

9 ‘‘(3) may obtain from the Administrator of 

10 General Services the services provided by the Admin11 istrator to Federal agencies on the same basis as 

12 those services are so provided; 

13 ‘‘(4) shall have the authority to manage spent 

14 nuclear fuel, provide for the management of spent 

15 nuclear fuel by others, and acquire spent nuclear 

16 fuel or materials necessary for the management of 

17 spent nuclear fuel; 

18 ‘‘(5) shall have the authority necessary to carry 

19 out, in accordance with subsection (b), the activities, 

20 obligations, and use of resources of the Federal Gov21 ernment with respect to spent nuclear fuel manage22 ment, including the duties and powers of— 

23 ‘‘(A) the Secretary relating to the Nuclear 

24 Waste Fund; and 


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1 ‘‘(B) the Office of Civilian Radioactive 

2 Waste Management under section 304 of that 

3 Act (42 U.S.C. 10224); and 

4 ‘‘(6) shall consider the spent nuclear fuel man5 agement and related services for defense-related 

6 spent nuclear fuel and high level radioactive waste 

7 and nuclear fuels identified by the National Spent 

8 Nuclear Fuel Program of the Department. 

9 ‘‘(b) INCLUSIONS.—The authority of the Corporation 

10 described in subsection (a)(5) includes authority— 

11 ‘‘(1) for the identification, development, licens12 ing, construction, operation, decommissioning, and 

13 post-decommissioning maintenance and monitoring 

14 of any repository, interim storage facility, monitored 

15 retrievable storage facility, reprocessing facility, fuel 

16 fabrication facility, or test and evaluation facility 

17 constructed under title III of the Nuclear Waste Pol18 icy Act of 1982 (42 U.S.C. 10221 et seq.), except 

19 that the limitations imposed on a monitored retriev20 able storage facility under section 141(g) of that Act 

21 (42 U.S.C. 10161(g)) shall not apply to an interim 

22 storage facility developed by the Corporation; 

23 ‘‘(2) for the administration of the high-level ra24 dioactive waste disposal program of the Department; 


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1 ‘‘(3) to enter into a new spent fuel disposal con2 tract under section 302(a) of the Nuclear Waste 

3 Policy Act of 1982 (42 U.S.C. 10222(a)) for a com4 mercial nuclear power reactor not yet licensed by the 

5 Nuclear Regulatory Commission; 

6 ‘‘(4) to assume all responsibilities of the De7 partment under spent fuel disposal contracts in ex8 istence on the date of enactment of this title, except 

9 that (as provided in section 3205) liability for failure 

10 to perform under those contracts shall not be as11 sumed by the Corporation until the date that is 10 

12 years after the license termination date of the reac13 tor for which a contract applies; and 

14 ‘‘(5) to recommend changes to the nuclear 

15 waste fee provided by section 302(a)(4) of the Nu16 clear Waste Policy Act of 1982 (42 U.S.C. 

17 10222(a)(4)) and spent fuel disposal contracts, ex18 cept that the Corporation may not implement any 

19 changes in the fee schedule except as provided in 

20 section 3201; 

21 ‘‘(6) for the acquisition, design, modification, 

22 replacement, operation, and construction of facilities 

23 at a repository site, reprocessing facility site, reproc24 essed fuel fabrication facility site, monitored retriev25 able storage site, or test and evaluation facility site 


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1 necessary or incident to a repository, reprocessing 

2 facility, reprocessed fuel fabrication facility, mon3 itored retrievable storage facility, or test and evalua4 tion facility; 

5 ‘‘(7) to carry out such nongeneric research, de6 velopment, and demonstration activities relating to 

7 evaluating, improving, and testing existing tech8 nologies for spent nuclear fuel management and re9 lated processes and activities as the Corporation 

10 considers to be necessary or advisable to achieve the 

11 purposes of this title; 

12 ‘‘(8) to carry out transactions regarding spent 

13 nuclear fuel, uranium, enriched uranium, plutonium, 

14 other special nuclear material, fissionable nuclear 

15 material, fertile nuclear material, fission byproducts, 

16 actinides, or depleted uranium with any person— 

17 ‘‘(A) licensed under section 53, 63, 103, or 

18 104, in accordance with the applicable license; 

19 ‘‘(B) in accordance with, and during the 

20 period provided for, an agreement for coopera21 tion under section 123; or 

22 ‘‘(C) otherwise authorized by law to enter 

23 into a transaction described in subparagraph 

24 (A) or (B); 


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1 ‘‘(9) to enter into contracts or other agreements 

2 with— 

3 ‘‘(A) any person licensed under section 53, 

4 63, 103, or 104, for such period as the Cor5 poration considers to be appropriate to provide 

6 services supporting the mission and purpose of 

7 the Corporation under this title; and 

8 ‘‘(B) the Department in accordance with 

9 this title for spent nuclear fuel management 

10 and related services that the Department deter11 mines to be required— 

12 ‘‘(i) to carry out Presidential direc13 tives and authorizations; and 

14 ‘‘(ii) to conduct other Department 

15 programs; 

16 ‘‘(10) to adopt, alter, and use a corporate seal, 

17 which shall be judicially noticed; 

18 ‘‘(11) to sue and be sued in the corporate name 

19 and be represented by an attorney in all administra20 tive and judicial proceedings, including, on approval 

21 of the Attorney General, appeals from decisions of 

22 United States courts, except that the United States 

23 Court of Federal Claims shall have exclusive juris24 diction over a claim against the Corporation and a 

25 decision or action of the Corporation shall not be 


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1 subject to review under section 119 of the Nuclear 

2 Waste Policy Act of 1982 (42 U.S.C. 10139); 

3 ‘‘(12) to indemnify directors, officers, attorneys, 

4 agents, and employees of the Corporation for liabil5 ities and expenses relating to corporate activities; 

6 ‘‘(13)(A) to acquire, purchase, lease, and hold 

7 real and personal property, including patents and 

8 proprietary data, as the Corporation determines to 

9 be necessary in the transaction of business; and 

10 ‘‘(B) to sell, lease, grant, and dispose of such 

11 real and personal property as the Corporation deter12 mines to be necessary to achieve the purposes of this 

13 title; 

14 ‘‘(14) on consent of each unit of government 

15 concerned, to employ the services, records, facilities, 

16 or personnel of any State or local government agen17 cy or instrumentality or voluntary or uncompensated 

18 personnel to perform appropriate functions on behalf 

19 of the Corporation; 

20 ‘‘(15) to enter into and carry out such con21 tracts, leases, cooperative agreements, or other 

22 transactions as are necessary to conduct business, 

23 on a reimbursable basis, with— 

24 ‘‘(A) any Federal department or agency; 


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1 ‘‘(B) any State, territory, or possession (or 

2 any political subdivision thereof) of the United 

3 States; or 

4 ‘‘(C) any individual, firm, association, or 

5 corporation; 

6 ‘‘(16) to determine the character of, and the ne7 cessity for, the obligations and expenditures of the 

8 Corporation and the manner in which the obligations 

9 and expenditures will be incurred, allowed, and paid, 

10 subject to this title and other Federal law specifi11 cally applicable to wholly owned Federal corpora12 tions; 

13 ‘‘(17) to retain and use the revenues of the Cor14 poration to achieve the purposes of this title in a 

15 manner that ensures that the retention and use shall 

16 not be subject to apportionment under subchapter II 

17 of chapter 15 of title 31, United States Code; 

18 ‘‘(18) to settle and adjust claims— 

19 ‘‘(A) held by the Corporation against other 

20 parties; or 

21 ‘‘(B) held by other parties against the Cor22 poration; 

23 ‘‘(19) to accept gifts or donations of services 

24 and real, personal, mixed, tangible, or intangible 

25 property to achieve the purposes of this title; 


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1 ‘‘(20) to execute, in accordance with applicable 

2 bylaws and regulations, appropriate instruments; 

3 ‘‘(21) to provide for liability insurance by con4 tract or self-insurance; and 

5 ‘‘(22) subject to this subsection and section 

6 3205, to pay any settlement or judgment entered 

7 against the Corporation from the Corporation Fund 

8 and not from funds made available pursuant to sec9 tion 1304 of title 31, United States Code. 

10 ‘‘SEC. 3103. BOARD OF DIRECTORS. 

11 ‘‘(a) IN GENERAL.—The Corporation shall be headed 

12 by a Board of Directors. 

13 ‘‘(b) MEMBERSHIP.— 

14 ‘‘(1) APPOINTMENT.— 

15 ‘‘(A) IN GENERAL.—The Board shall be 

16 composed of 9 members, to be appointed by the 

17 President by and with the advice and consent of 

18 the Senate, of which— 

19 ‘‘(i) at least 3 shall be from stake20 holder organizations; and 

21 ‘‘(ii) at least 2 shall be reserved for 

22 nominations from State public utility com23 missions. 

24 ‘‘(B) ASSOCIATION.—The association of a 

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1 nization shall not be considered a conflict of in2 terest. 

3 ‘‘(2) CHAIRPERSON.—The members of the 

4 Board shall elect 1 member to act as Chairperson of 

5 the Board. 

6 ‘‘(c) QUALIFICATIONS.—To be eligible to be ap7 pointed as a member of the Board, an individual shall— 

8 ‘‘(1) be a citizen of the United States; 

9 ‘‘(2) have management expertise relating to 

10 large organizations; 

11 ‘‘(3) not be an employee of the Corporation; 

12 ‘‘(4) make full disclosure to Congress of any in13 vestment or other financial interest that the indi14 vidual holds in the energy industry; and 

15 ‘‘(5) affirm support for the purposes of the Cor16 poration. 

17 ‘‘(d) TERMS.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), a member of the Board shall serve for a 

20 term of not more than 5 years. 

21 ‘‘(2) INITIAL MEMBERS.—Of the members first 

22 appointed to the Board— 

23 ‘‘(A) 1 shall be appointed for a 1-year 

24 term; 


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1 ‘‘(B) 2 shall be appointed for a 2-year 

2 term; 

3 ‘‘(C) 2 shall be appointed for a 3-year 

4 term; 

5 ‘‘(D) 2 shall be appointed for a 4-year 

6 term; and 

7 ‘‘(E) 2 shall be appointed for a 5-year 

8 term. 

9 ‘‘(3) REAPPOINTMENT.—A member of the 

10 Board the term of service of whom has expired may 

11 be reappointed by the President, by and with the ad12 vice and consent of the Senate. 

13 ‘‘(4) EXPIRATION.—A member of the Board the 

14 term of service of whom has expired may continue 

15 to serve on the Board until the earlier of— 

16 ‘‘(A) the date on which a successor mem17 ber is appointed; and 

18 ‘‘(B) the date on which the session of Con19 gress during which the term of the member ex20 pires ends. 

21 ‘‘(e) VACANCIES.—A vacancy on the Board— 

22 ‘‘(1) shall not affect the powers of the Board; 

23 and 

24 ‘‘(2) shall be filled in the same manner as the 

25 original appointment was made. 


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1 ‘‘(f) MEETINGS.—The Board shall meet in accord2 ance with the bylaws of the Corporation— 

3 ‘‘(1) at the call of the Chairperson; and 

4 ‘‘(2) not less frequently than once each quarter. 

5 ‘‘(g) QUORUM.—For purposes of meetings of the 

Board, 2 6 ⁄3 of the active members of the Board shall con7 stitute a quorum. 

8 ‘‘(h) BYLAWS.—A majority of the members of the 

9 Board may amend the bylaws of the Corporation. 

10 ‘‘(i) COMPENSATION OF MEMBERS.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) NON-FEDERAL EMPLOYEES.—A 

13 member of the Board who is not an officer or 

14 employee of the Federal Government shall be 

15 compensated at a rate equal to the daily equiva16 lent of the annual rate of basic pay prescribed 

17 for level IV of the Executive Schedule under 

18 section 5315 of title 5, United States Code, for 

19 each day (including travel time) during which 

20 the member is engaged in the performance of 

21 the duties of the Board. 

22 ‘‘(B) FEDERAL EMPLOYEES.—A member 

23 of the Board who is an officer or employee of 

24 the Federal Government shall serve without 

25 compensation in addition to the compensation 


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1 received for the services of the member as an 

2 officer or employee of the Federal Government. 

3 ‘‘(2) TRAVEL EXPENSES.—A member of the 

4 Board shall be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for 

6 an employee of an agency under subchapter I of 

7 chapter 57 of title 5, United States Code, while 

8 away from the home or regular place of business of 

9 the member in the performance of the duties of the 

10 Board. 

11 ‘‘SEC. 3104. MANAGEMENT. 

12 ‘‘(a) CHIEF EXECUTIVE OFFICER.— 

13 ‘‘(1) APPOINTMENT.—The Board shall appoint 

14 an individual to serve as chief executive officer of 

15 the Corporation. 

16 ‘‘(2) QUALIFICATIONS.— 

17 ‘‘(A) IN GENERAL.—To be eligible to serve 

18 as chief executive officer of the Corporation, an 

19 individual— 

20 ‘‘(i) shall have senior executive-level 

21 management experience in large, complex 

22 organizations; 

23 ‘‘(ii) shall not— 

24 ‘‘(I) be a member of the Board; 

25 or 


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1 ‘‘(II) have served as a member of 

2 the Board during the 2-year period 

3 ending on the date of appointment as 

4 chief executive officer; and 

5 ‘‘(iii) shall comply with the conflict of 

6 interest policy adopted by the Board. 

7 ‘‘(B) EXPERTISE.—In appointing a chief 

8 executive officer, the Board shall give particular 

9 consideration to appointing an individual 

10 with— 

11 ‘‘(i) expertise in the nuclear industry; 

12 and 

13 ‘‘(ii) strong financial skills. 

14 ‘‘(3) TENURE.—The chief executive officer shall 

15 serve at the pleasure of the Board. 

16 ‘‘(4) AUTHORITIES AND DUTIES.—The chief ex17 ecutive officer shall— 

18 ‘‘(A) be responsible for the management of 

19 the Corporation; and 

20 ‘‘(B) report to, and be under the direct au21 thority of, the Board. 

22 ‘‘(5) CORPORATE OFFICERS.—The chief execu23 tive officer shall appoint such managers, assistant 

24 managers, employees, attorneys, and agents as are 


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1 necessary to carry out the powers of the Corpora2 tion— 

3 ‘‘(A) with the advice and consent of the 

4 Board; and 

5 ‘‘(B) without regard to the civil service 

6 laws applicable to officers and employees of the 

7 United States. 

8 ‘‘(b) COMPENSATION PLAN.— 

9 ‘‘(1) IN GENERAL.—Without regard to section 

10 5301 of title 5, United States Code, the Board shall 

11 establish— 

12 ‘‘(A) the duties of and compensation for all 

13 officers and employees of the Corporation; and 

14 ‘‘(B) a system of organization to describe 

15 those responsibilities and promote efficiency. 

16 ‘‘(2) APPLICABLE CRITERIA.—The Board shall 

17 ensure that— 

18 ‘‘(A) officers and employees are appointed, 

19 promoted, and assigned on the basis of capa20 bility and fitness; and 

21 ‘‘(B) other personnel actions are consistent 

22 with the principles of fairness and due process, 

23 without regard to the provisions of title 5, 

24 United States Code, relating to appointments 


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1 and other personnel actions in the competitive 

2 service. 

3 ‘‘(3) PROTECTION OF DEPARTMENT EMPLOY4 EES.— 

5 ‘‘(A) PURPOSE.—The purpose of this para6 graph is to ensure that the establishment of the 

7 Corporation does not result in any inequitable 

8 effect on the employment rights, wages, or ben9 efits of Department employees in carrying out 

10 the functions transferred from the Department 

11 to the Corporation pursuant to this title. 

12 ‘‘(B) MEASURES OF PROTECTION.—The 

13 compensation, benefits, and other terms and 

14 conditions of employment in effect on the day 

15 before the applicable transfer date for activities 

16 previously carried out by the Department pur17 suant to any law or regulation shall continue to 

18 apply to officers and employees of the Depart19 ment or any other Federal department or agen20 cy who are detailed to the Corporation until the 

21 date on which the officers or employees are no 

22 longer detailed to the Board. 

23 ‘‘(c) TRANSFEREES AND DETAILEES.— 

24 ‘‘(1) IN GENERAL.—On request of the Board 

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1 ployee of the Department may be transferred or de2 tailed to the Corporation in accordance with section 

3 3112 without any loss in accrued benefits or stand4 ing within the Civil Service System. 

5 ‘‘(2) BENEFITS.— 

6 ‘‘(A) IN GENERAL.—An employee who ac7 cepts a transfer to the Corporation may elect— 

8 ‘‘(i) to have any accrued retirement 

9 benefits transferred to a retirement system 

10 established by the Corporation; or 

11 ‘‘(ii) to retain coverage under, as ap12 plicable— 

13 ‘‘(I) the Civil Service Retirement 

14 System; or 

15 ‘‘(II) the Federal Employees Re16 tirement System. 

17 ‘‘(B) WITHHOLDING.—With respect to an 

18 employee who elects to retain coverage under 

19 subparagraph (A)(ii), the Corporation shall— 

20 ‘‘(i) withhold a portion of the payment 

21 of the employee; and 

22 ‘‘(ii) use the amounts withheld to 

23 make such payments as are required under 

24 the applicable Federal retirement system. 


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1 ‘‘(3) DETAILEES.—The Department shall offer 

2 any employee of the Department who is detailed to 

3 the Board a position of like grade, compensation, 

4 and proximity to the official duty station of the em5 ployee beginning on the date on which the services 

6 of the employee are no longer required by the Cor7 poration. 

8 ‘‘SEC. 3105. AUDITS. 

9 ‘‘(a) INDEPENDENT AUDITS.— 

10 ‘‘(1) IN GENERAL.—The financial statements of 

11 the Corporation shall be— 

12 ‘‘(A) prepared in accordance with generally 

13 accepted accounting principles; and 

14 ‘‘(B) audited annually by an independent 

15 certified public accountant in accordance with— 

16 ‘‘(i) auditing standards issued by the 

17 Comptroller General of the United States; 

18 and 

19 ‘‘(ii) generally accepted auditing 

20 standards of the private sector. 

21 ‘‘(2) REVIEW BY GAO.—The Comptroller Gen22 eral— 

23 ‘‘(A) may review any audit under para24 graph (1); and 


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1 ‘‘(B) shall submit to Congress and the 

2 Corporation a report describing the results of 

3 each review under subparagraph (A), including 

4 appropriate recommendations, if any. 

5 ‘‘(b) GAO AUDITS.— 

6 ‘‘(1) IN GENERAL.—The Comptroller General 

7 may audit the financial statements of the Corpora8 tion for any year in accordance with subsection 

9 (a)(1). 

10 ‘‘(2) REIMBURSEMENT BY CORPORATION.—The 

11 Corporation shall reimburse the Comptroller General 

12 for the cost of any audit conducted under this sub13 section, as determined by the Comptroller General. 

14 ‘‘(c) AVAILABILITY OF BOOKS AND RECORDS.—Sub15 ject to section 3111, all books, accounts, financial records, 

16 reports, files, papers, and other property belonging to, or 

17 in use by, the Corporation or an auditor of the Corpora18 tion that the Comptroller General considers to be nec19 essary to conduct an audit or review under this section 

20 shall be made available to the Comptroller General. 

21 ‘‘(d) TREATMENT OF GAO AUDITS.—An audit or re22 view by the Comptroller General under this section shall 

23 be in lieu of any other audit of the financial transactions 

24 of the Corporation required to be carried out by the CompVerDate Mar 15 2010 23:23 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5979.IH H5979

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1 troller General under chapter 91 of title 31, United States 

2 Code, or other applicable law. 

3 ‘‘SEC. 3106. ANNUAL REPORTS. 

4 ‘‘(a) IN GENERAL.—Not less frequently than once 

5 each year, the Corporation shall submit to the President 

6 and Congress a report describing the activities carried out 

7 by the Corporation during the preceding fiscal year, in8 cluding— 

9 ‘‘(1) a general description of the operations of 

10 the Corporation; 

11 ‘‘(2) a summary of the operating and financial 

12 performance of the Corporation; and 

13 ‘‘(3) a copy of each audit report prepared for 

14 the applicable fiscal year under section 3105. 

15 ‘‘(b) DEADLINE.—A report under subsection (a) 

16 shall— 

17 ‘‘(1) be completed by not later than 150 days 

18 after the end of each fiscal year of the Corporation; 

19 and 

20 ‘‘(2) accurately reflect the financial position of 

21 the Corporation as of that date. 

22 ‘‘SEC. 3107. UNITED STATES NUCLEAR FUEL MANAGEMENT 

23 CORPORATION FUND. 

24 ‘‘(a) ESTABLISHMENT.— 


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1 ‘‘(1) IN GENERAL.—There is established in the 

2 Treasury of the United States a fund, to be known 

3 as the ‘United States Nuclear Fuel Management 

4 Corporation Fund’ (referred to in this section as the 

5 ‘Corporation Fund’). 

6 ‘‘(2) ACCOUNTS.—The Corporation Fund shall 

7 be composed of 2 accounts, to be known as— 

8 ‘‘(A) the ‘United States Nuclear Fuel 

9 Management Corporation Operating Account’ 

10 (referred to in this section as the ‘Operating 

11 Account’); and 

12 ‘‘(B) the ‘United States Nuclear Manage13 ment Corporation Capital Reserve Account’ (re14 ferred to in this section as the ‘Capital Reserve 

15 Account’).’’ 

16 ‘‘(b) TRANSFER AND DEPOSITS OF FUNDS.— 

17 ‘‘(1) TRANSFER OF UNEXPENDED BALANCES.— 

18 On the earlier of the transfer date or the date 

19 agreed to by the Secretary and the Corporation, the 

20 Secretary of the Treasury, without further appro21 priation, shall transfer from the Nuclear Waste 

22 Fund to the Operating Account, the unexpended bal23 ance of the appropriated funds (including funds set 

24 aside for accounts payable), and accounts receivable, 

25 relating to functions and activities assumed by the 


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1 Corporation pursuant to this title, including all ad2 vance payments. 

3 ‘‘(2) TRANSFER OF THE CORPUS OF THE NU4 CLEAR WASTE FUND.—On the earlier of the transfer 

5 date or the date agreed to by the Secretary and the 

6 Corporation, the Secretary of the Treasury, without 

7 further appropriation, shall transfer from the Nu8 clear Waste Fund to the Capital Reserve Account, 

9 the unexpended balance of the Nuclear Waste Fund 

10 to the Corporation Fund as follows: 

11 ‘‘(A) On the date of enactment of this title, 

12 the corpus of the Nuclear Waste Fund, con13 sisting of any unfunded balance of the unex14 pended balance shall be credited to the Capital 

15 Reserve Account as an unfunded asset, which 

16 shall continue to accrue interest at rates and 

17 maturities determined by the Secretary of the 

18 Treasury, including all receipts, proceeds, and 

19 recoveries received by the Nuclear Waste Fund 

20 under subsections (a), (b), and (e) of section 

21 302 of the Nuclear Waste Policy Act of 1982 

22 (42 U.S.C. 10222). 

23 ‘‘(B) Beginning on the date of enactment 

24 of this title, any appropriations made to the 

25 Nuclear Waste Fund and all receipts, proceeds, 


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1 interest, and recoveries received on or after that 

2 date under subsections (a), (b), and (e) of sec3 tion 302 of that Act (42 U.S.C. 10222) shall be 

4 transferred to the Operating Account. 

5 ‘‘(3) REVENUES FROM SALES.—Revenues from 

6 sales of products and services sold by the Corpora7 tion shall be deposited in the Operating Account. 

8 ‘‘(c) USE OF FUNDS.— 

9 ‘‘(1) USE OF OPERATING ACCOUNT.— 

10 ‘‘(A) IN GENERAL.—The Corporation may 

11 make expenditures from the Operating Account 

12 without further appropriation and without fiscal 

13 year limitation only to carry out the purposes of 

14 this title. 

15 ‘‘(B) INVESTMENT.—The Corporation may 

16 invest amounts of the fund in such financial in17 struments as the Corporation considers appro18 priate. 

19 ‘‘(C) NUCLEAR WASTE POLICY ACT RE20 STRICTIONS.—The Corporation shall expend 

21 Operating Account funds— 

22 ‘‘(i) consistent with section 302(d) of 

23 the Nuclear Waste Policy Act of 1982 (42 

24 U.S.C. 10222(d)); or 


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1 ‘‘(ii) for other purposes authorized by 

2 Congress. 

3 ‘‘(2) USE OF CAPITAL RESERVE ACCOUNT.— 

4 The Corporation may— 

5 ‘‘(A) pledge, without further appropriation 

6 and without fiscal year limitation, use of the 

7 Capital Reserve Account as collateral for the 

8 issuance of bonds; and 

9 ‘‘(B) make expenditures, without further 

10 appropriation and without fiscal year limitation, 

11 for the decontamination, decommissioning, and 

12 ongoing surveillance and maintenance of Cor13 poration facilities and repositories following clo14 sure. 

15 ‘‘(d) ADMINISTRATION OF CORPORATION FUND.— 

16 ‘‘(1) IN GENERAL.—The Corporation, in con17 sultation with the Secretary of the Treasury, shall— 

18 ‘‘(A) administer the Corporation Fund; 

19 and 

20 ‘‘(B) submit to Congress annual reports 

21 describing the financial condition and oper22 ations of the Corporation Fund during the pre23 ceding fiscal year. 

24 ‘‘(2) BUDGETARY TREATMENT.—The Corpora25 tion Fund shall not be subject to— 


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1 ‘‘(A) the allocations for discretionary 

2 spending under section 302(a) of the Congres3 sional Budget Act of 1974 (2 U.S.C. 633(a)); 

4 ‘‘(B) the suballocations of appropriations 

5 committees under section 302(b) of that Act (2 

6 U.S.C. 633(b)); or 

7 ‘‘(C) apportionment under subchapter II of 

8 chapter 15 of title 31, United States Code. 

9 ‘‘(3) INVESTMENT.—If the Corporation deter10 mines that the Corporation Fund Account contains 

11 at any time amounts in excess of the needs of the 

12 Corporation, the Corporation may request the Sec13 retary of the Treasury to invest such portion of the 

14 excess amounts as the Corporation determines to be 

15 appropriate in obligations of the United States— 

16 ‘‘(A) having maturities determined by the 

17 Secretary of the Treasury to be appropriate to 

18 the needs of the Corporation; and 

19 ‘‘(B) bearing interest at rates determined 

20 to be appropriate by the Secretary of the Treas21 ury, taking into consideration the current aver22 age market yield on outstanding marketable ob23 ligations of the United States with remaining 

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1 est rate on the investments shall not exceed the 

2 average interest rate applicable to existing bor3 rowings. 

4 ‘‘SEC. 3108. ISSUANCE OF BONDS. 

5 ‘‘(a) ISSUANCE.— 

6 ‘‘(1) IN GENERAL.—The Corporation may issue 

7 and sell bonds, notes, and other evidences of indebt8 edness (referred to in this section as ‘bonds’). 

9 ‘‘(2) USE OF REVENUE.—The Corporation may 

10 pledge and use revenues of the Corporation for— 

11 ‘‘(A) payment of the principal and interest 

12 on the bonds; 

13 ‘‘(B) purchase or redemption of additional 

14 bonds; and 

15 ‘‘(C) other purposes incidental to the func16 tions described in subparagraphs (A) and (B), 

17 including creation of reserve funds and other 

18 funds that may be similarly pledged and used. 

19 ‘‘(3) AGREEMENTS WITH HOLDERS AND TRUST20 EES.—The Corporation may enter into binding 

21 agreements with the holders and trustees of bonds 

22 with respect to activities to enhance the market23 ability of the bonds, including— 

24 ‘‘(A) the establishment of reserve funds 

25 and other funds; 


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1 ‘‘(B) stipulations concerning the subse2 quent issuance of bonds; and 

3 ‘‘(C) other activities in accordance with 

4 this title. 

5 ‘‘(b) NOT OBLIGATIONS OF UNITED STATES.— 

6 ‘‘(1) IN GENERAL.—A bond issued by the Cor7 poration under this section shall not be considered 

8 to be an obligation of, or guaranteed as to principal 

9 or interest by, the United States. 

10 ‘‘(2) NOTICE.—Each bond of the Corporation 

11 shall contain a notice of the consideration described 

12 in paragraph (1). 

13 ‘‘(c) TERMS AND CONDITIONS.— 

14 ‘‘(1) NEGOTIABILITY; MATURITY.—A bond 

15 issued by the Corporation under this section shall— 

16 ‘‘(A) be a negotiable instrument unless 

17 otherwise specified in the bond; and 

18 ‘‘(B) mature not later than 50 years after 

19 the date of issuance. 

20 ‘‘(2) ROLE OF SECRETARY OF TREASURY.— 

21 ‘‘(A) RIGHT OF DISAPPROVAL.— 

22 ‘‘(i) IN GENERAL.—Not later than 30 

23 days after the date on which the Corpora24 tion submits to the Secretary of the Treas25 ury a notification of the establishment of a 


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1 term or condition on a bond under this 

2 section described in clause (ii), the Sec3 retary of the Treasury may disapprove the 

4 term or condition. 

5 ‘‘(ii) DESCRIPTION.—The terms and 

6 conditions referred to in clause (i) are 

7 terms and conditions relating to— 

8 ‘‘(I) the form or denomination of 

9 a bond; 

10 ‘‘(II) the time, amount, or price 

11 at which a bond is sold; 

12 ‘‘(III) the rate of interest of the 

13 bond; 

14 ‘‘(IV) the terms by which the 

15 bond may be redeemed by the Cor16 poration before maturity; 

17 ‘‘(V) the priority of claims on the 

18 net revenues of the Corporation with 

19 respect to principal and interest pay20 ments; and 

21 ‘‘(VI) any other term or condi22 tion the Secretary of the Treasury de23 termines to be appropriate. 

24 ‘‘(B) INAPPLICABILITY OF RIGHT TO PRE25 SCRIBE TERMS.—Section 9108(a) of title 31, 


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1 United States Code, shall not apply to the Cor2 poration. 

3 ‘‘(d) INAPPLICABILITY OF SECURITIES REQUIRE4 MENTS.—The Corporation— 

5 ‘‘(1) shall be considered to be an executive de6 partment of the United States for purposes of sec7 tion 3(c) of the Securities Exchange Act of 1934 (15 

8 U.S.C. 78c(c)); and 

9 ‘‘(2) may register the securities and maintain 

10 the books of the Corporation in accordance with— 

11 ‘‘(A) the Securities Act of 1933 (15 U.S.C. 

12 77a et seq.); 

13 ‘‘(B) the Securities Exchange Act of 1934 

14 (15 U.S.C. 78a et seq.); and 

15 ‘‘(C) applicable regulations of the Securi16 ties and Exchange Commission. 

17 ‘‘(e) USE OF FEDERAL FINANCING BANK.—The Cor18 poration may issue or sell any bond to the Federal Financ19 ing Bank. 

20 ‘‘SEC. 3109. EXEMPTION FROM TAXATION AND PAYMENTS 

21 IN LIEU OF TAXES. 

22 ‘‘(a) EXEMPTION FROM TAXATION.—The Corpora23 tion shall be exempt from taxation in any manner or form 

24 by any State, county, or other entity of local government, 

25 including State, county, or local sales tax. 


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1 ‘‘(b) PAYMENTS IN LIEU OF TAXES.— 

2 ‘‘(1) IN GENERAL.—The Corporation shall 

3 make annual payments, in such amounts as the Cor4 poration determines to be fair and reasonable, to 

5 each State and local governmental agency with tax 

6 jurisdiction over any area in which a facility of the 

7 Corporation is located. 

8 ‘‘(2) DETERMINATION.—In making a deter9 mination under paragraph (1), the Corporation shall 

10 take into consideration— 

11 ‘‘(A) the customs and practices prevailing 

12 in the applicable area with respect to appraisal, 

13 assessment, and classification of industrial 

14 property and any special considerations ex15 tended to large-scale industrial operations; and 

16 ‘‘(B) the requirement that any payment 

17 made to a taxing authority for any period shall 

18 be not less than the payments that would have 

19 been made to the taxing authority for the same 

20 period by the Department and contractors of 

21 the Department on behalf of the Department 

22 with respect to property and operations of the 

23 Corporation. 

24 ‘‘(c) TIME OF PAYMENTS.—Each payment under this 

25 section shall be made by the Corporation on the date on 


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1 which payments of taxes by taxpayers to each taxing au2 thority are due and payable. 

3 ‘‘(d) DETERMINATION OF AMOUNT DUE.—A deter4 mination by the Corporation of an amount due under this 

5 section shall be final and conclusive. 

6 ‘‘SEC. 3110. NONAPPLICABILITY OF CERTAIN FEDERAL LAW. 

7 ‘‘(a) ANTITRUST LAWS.—The Corporation shall not 

8 be subject to— 

9 ‘‘(1) the Sherman Act (15 U.S.C. 1 et seq.); 

10 ‘‘(2) the Clayton Act (15 U.S.C. 12 et seq.); or 

11 ‘‘(3) section 73 or 74 of the Wilson Tariff Act 

12 (15 U.S.C. 8, 9). 

13 ‘‘(b) ENVIRONMENTAL, OCCUPATIONAL, AND PUBLIC

14 HEALTH AND SAFETY LICENSING LAWS.— 

15 ‘‘(1) NATIONAL ENVIRONMENTAL POLICY ACT

16 OF 1969.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the Corporation shall comply with 

19 the National Environmental Policy Act of 1969 

20 (42 U.S.C. 4321 et seq.). 

21 ‘‘(B) PREPARATION OF ENVIRONMENTAL

22 IMPACT STATEMENT.—The Corporation shall 

23 not be required to prepare an environmental 

24 impact statement or similar analysis required 

25 under the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.) if the Nuclear 

2 Regulatory Commission is required under any 

3 law (including regulations) to prepare the envi4 ronmental impact statement or similar analysis. 

5 ‘‘(2) JURISDICTION.—The Commission shall 

6 have exclusive jurisdiction over the facilities and op7 erations of the Corporation with respect to licensing, 

8 permitting, rulemaking, compliance, or operations 

9 under all Federal, State, interstate, and local envi10 ronmental, occupational, and public health and safe11 ty laws. 

12 ‘‘(3) ENFORCEMENT.— 

13 ‘‘(A) IN GENERAL.—A requirement in14 cluded in a license of the Commission or a sub15 stantive requirement (including any injunctive 

16 relief, administrative order, or civil or adminis17 trative penalty or fine) may be enforced against 

18 the Corporation only by the Commission (or a 

19 designee). 

20 ‘‘(B) WAIVER.—The United States waives 

21 any immunity otherwise applicable to the Cor22 poration. 

23 ‘‘(c) ENERGY REORGANIZATION ACT REQUIRE24 MENTS.— 


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1 ‘‘(1) IN GENERAL.—The Corporation shall be 

2 subject to section 210 of the Energy Reorganization 

3 Act of 1974 (42 U.S.C. 5850). 

4 ‘‘(2) LEASED FACILITIES.—With respect to the 

5 operation of any facility leased by the Corporation, 

6 section 206 of that Act (42 U.S.C. 5846) shall apply 

7 to the directors and officers of the Corporation. 

8 ‘‘(d) EXEMPTION FROM FEDERAL PROPERTY AND

9 PROCUREMENT REQUIREMENTS.—The Corporation shall 

10 not be subject to— 

11 ‘‘(1) subtitle I of title 40, United States Code; 

12 ‘‘(2) title III of the Federal Property and Ad13 ministrative Services Act of 1949 (41 U.S.C. 251 et 

14 seq.); or 

15 ‘‘(3) any other law requiring conformance with 

16 the Federal Acquisition Regulations contained in 

17 title 48, Code of Federal Regulations. 

18 ‘‘(e) EXPORT CONTROL LAWS.—No transaction of 

19 the Corporation shall be subject to the export control laws 

20 if the transaction is carried out in accordance with an 

21 agreement between the United States and a foreign coun22 try. 

23 ‘‘SEC. 3111. PROTECTION OF INFORMATION. 

24 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

25 Corporation shall protect information classified under this 


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1 Act, trade secrets, and security, commercial, or financial 

2 information to the same extent as a Federal agency or 

3 private corporation, in accordance with applicable law, in4 cluding section 1905 of title 18, United States Code. 

5 ‘‘(b) OTHER APPLICABLE LAWS.—Section 552(d) of 

6 title 5, United States Code, shall not apply to the Corpora7 tion. 

8 ‘‘SEC. 3112. TRANSITION AND TRANSFER REQUIREMENTS. 

9 ‘‘(a) TRANSITION MANAGER.—Not later than 30 

10 days after the date of enactment of this title, the President 

11 shall appoint a transition manager, who shall serve at the 

12 pleasure of the President during the period beginning on 

13 the date of appointment and ending on the earlier of— 

14 ‘‘(1) the date on which a chief executive officer 

15 is appointed for the Corporation pursuant to section 

16 3104; or 

17 ‘‘(2) the transfer date. 

18 ‘‘(b) DUTIES.— 

19 ‘‘(1) IN GENERAL.—The transition manager 

20 shall carry out the powers and duties of the Board 

21 and chief executive officer as described in section 

22 3104 only to the extent necessary to implement the 

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1 retary to the Corporation not later than the transfer 

2 date. 

3 ‘‘(2) COMPENSATION.—The transition manager 

4 shall be a Federal employee to be paid at the rate 

5 of pay for the appropriate Executive Service Level, 

6 as determined by the Secretary. 

7 ‘‘(3) CONTINUATION IN ABSENCE OF A BOARD

8 OF DIRECTORS.—The transition manager shall carry 

9 out this section regardless of whether the Board is 

10 appointed pursuant to section 3103. 

11 ‘‘(c) RATIFICATION OF ACTIONS.—Once the Board 

12 has been appointed, each action carried out by the transi13 tion manager shall be subject to ratification by the Board. 

14 ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—Dur15 ing the period beginning on the date of enactment of this 

16 title and ending on the transfer date, the Secretary shall— 

17 ‘‘(1) retain responsibility for spent nuclear fuel 

18 management in accordance with applicable Federal 

19 law; 

20 ‘‘(2) to the extent provided in appropriations 

21 Acts, provide funds to the transition manager to pay 

22 salaries and expenses necessary to effectuate the 

23 purposes of this title; 


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1 ‘‘(3) assign employees of the Department to as2 sist the transition manager in carrying out this sec3 tion; and 

4 ‘‘(4) assist and cooperate with the transition 

5 manager and the chief executive officer in transfer6 ring to the Corporation not later than the transfer 

7 date the activities, obligations, and resources under 

8 the jurisdiction or control of the Secretary with re9 spect to spent nuclear fuel management. 

10 ‘‘(e) BUDGET.— 

11 ‘‘(1) IN GENERAL.—The transition manager 

12 shall prepare and submit an operating budget for 

13 the Corporation for each fiscal year to the Secretary 

14 for approval not later than December 1 of each year 

15 until the Board is appointed pursuant to section 

16 3103. 

17 ‘‘(2) REASONABLE EXPENSES.—All reasonable 

18 expenses associated with the duties of the transition 

19 manager shall be paid from the Operating Fund, as 

20 approved by the Secretary. 

21 ‘‘(f) COMPLETION OF TRANSFERS AND OTHER AC22 TIONS BY TRANSFER DATE.— 

23 ‘‘(1) IN GENERAL.—The Secretary and the 

24 transition manager shall complete transfers of all as25 sets, property, rights, liabilities, or obligations under 


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1 the jurisdiction of the Secretary relating to spent 

2 nuclear fuel management to the Corporation not 

3 later than the transfer date. 

4 ‘‘(2) SUSPENSION OF FEES.— 

5 ‘‘(A) IN GENERAL.—Any party to a con6 tract with the United States executed pursuant 

7 to section 302 of the Nuclear Waste Policy Act 

8 of 1982 (42 U.S.C. 10222) for the disposal of 

9 spent nuclear fuel and high level radioactive 

10 waste may suspend payment of fees under the 

11 contract if all transfers of contracts and funds 

12 required to be transferred under this title are 

13 not complete, the Board has not been ap14 pointed, or a chief executive officer for the Cor15 poration has not been appointed, by the trans16 fer date. 

17 ‘‘(B) PERIOD.—A suspension under sub18 paragraph (A) shall continue until each action 

19 required under this title has been completed. 

20 ‘‘(C) APPLICABILITY.—The suspension of 

21 payments of a contract under this subsection 

22 shall not constitute a termination, breach, or 

23 cancellation of the contract. 


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1 ‘‘Subtitle B—Rights, Privileges, and 

2 Assets 

3 ‘‘SEC. 3201. MARKETING AND CONTRACTING AUTHORITY. 

4 ‘‘(a) EXCLUSIVE MARKETING AGENT.— 

5 ‘‘(1) IN GENERAL.—The Corporation shall act 

6 as the exclusive marketing agent on behalf of the 

7 United States for entering into contracts to provide 

8 spent nuclear fuel management and related products 

9 and services. 

10 ‘‘(2) EFFECT ON DEPARTMENT.—Beginning on 

11 the transfer date, the Department may not market 

12 spent nuclear fuel management or any related serv13 ice. 

14 ‘‘(b) TRANSFER OF CONTRACTS.— 

15 ‘‘(1) IN GENERAL.—Each spent nuclear fuel 

16 management contract, agreement, and lease executed 

17 by the Department before the transfer date relating 

18 to spent nuclear fuel management or a related serv19 ice shall be transferred to the Corporation. 

20 ‘‘(2) INCREASE IN FEES.—The Corporation 

21 may not increase the fee under contracts executed 

22 by the Secretary under section 302(a) of the Nuclear 

23 Waste Policy Act of 1982 (42 U.S.C. 10222(a)), un24 less the Secretary approves the fee increase in ac25 cordance with section 302(a)(3) of that Act not later 


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1 than 2 years in advance of the proposed effective 

2 date of the increase in the fee. 

3 ‘‘SEC. 3202. PRICING. 

4 ‘‘(a) SERVICES PROVIDED TO COMMERCIAL CUS5 TOMERS.— 

6 ‘‘(1) IN GENERAL.—The Corporation shall es7 tablish prices for products, materials, and services 

8 provided by the Corporation to customers other than 

9 the Department, and for services other than those 

10 provided under a spent fuel disposal contract, on a 

11 basis sufficient to— 

12 ‘‘(A) recover the costs of the Corporation; 

13 and 

14 ‘‘(B) operate on a self-sustaining basis. 

15 ‘‘(2) APPROVAL.—Each price established under 

16 paragraph (1) shall be subject to review and ap17 proval by the Board. 

18 ‘‘(b) SERVICES PROVIDED TO DEPARTMENT.—The 

19 Corporation shall charge the Department fees for spent 

20 nuclear fuel management services provided under section 

21 3102(b)(7) on a basis sufficient to recover the costs of 

22 the Corporation, on a yearly basis, of providing the serv23 ices. 


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1 ‘‘SEC. 3203. ACQUISITION OF DEPARTMENT LAND AND FA2 CILITIES. 

3 ‘‘(a) IN GENERAL.—The Corporation— 

4 ‘‘(1) shall have the exclusive option to lease or 

5 otherwise access required portions of Department or 

6 other Federal land (other than land within the Na7 tional Park System, the National Forest System, or 

8 the National Wildlife Refuge System or land man9 aged by the Bureau of Land Management that is 

10 within a conservation system unit), facilities, and 

11 property useful for spent nuclear fuel management 

12 purposes, including property or facilities of the De13 partment necessary for storage, processing, or fuel 

14 fabrication involving materials containing plutonium; 

15 and 

16 ‘‘(2) may acquire or lease any required portion 

17 of State or private land, facilities, or property useful 

18 for spent nuclear fuel management purposes. 

19 ‘‘(b) TERMS OF LEASE.— 

20 ‘‘(1) IN GENERAL.—The Corporation and the 

21 Department shall establish mutually agreeable terms 

22 for any lease under subsection (a)(1), including 

23 specifying annual payments to be made to the De24 partment by the Corporation. 

25 ‘‘(2) PAYMENTS.—The amount of annual pay26 ments for a lease under subsection (a)(1) shall be 


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1 equal to the cost incurred by the Department in ad2 ministering the lease and providing to the Corpora3 tion services relating to the lease (excluding depre4 ciation and imputed interest on original plant invest5 ments and costs under subsection (c)). 

6 ‘‘(c) DEPARTMENT RESPONSIBILITY FOR PRE7 EXISTING CONDITIONS.—The payment of any costs of de8 contamination and decommissioning, actions for response 

9 (as defined in section 101 of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9601)), or corrective actions (as defined 

12 by the Administrator of the Environmental Protection 

13 Agency under section 3004(u) of the Solid Waste Disposal 

14 Act (42 U.S.C. 6924(u)), with respect to conditions exist15 ing before the transfer date, in connection with property 

16 of the Department leased under subsection (a)(1), shall 

17 remain the sole responsibility of the Department. 

18 ‘‘(d) ENVIRONMENTAL AUDIT.—The Secretary, in 

19 consultation with the Administrator of the Environmental 

20 Protection Agency, shall conduct a comprehensive environ21 mental audit to identify the environmental conditions that 

22 will remain the responsibility of the Department under 

23 subsection (c) after leasing the applicable land or facility. 

24 ‘‘(e) TREATMENT UNDER PRICE-ANDERSON.—Any 

25 lease executed between the Secretary and the Corporation 


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1 under this section shall be considered to be a contract for 

2 purposes of section 170 d. 

3 ‘‘(f) WAIVER OF EIS REQUIREMENT.—A lease exe4 cuted between the Corporation and the Department under 

5 this section shall not be considered to be a major Federal 

6 action significantly affecting the quality of the human en7 vironment for purposes of section 102 of the National En8 vironmental Policy Act of 1969 (42 U.S.C. 4332). 

9 ‘‘SEC. 3204. PATENTS AND INVENTIONS. 

10 ‘‘(a) GRANT OF RIGHTS.— 

11 ‘‘(1) IN GENERAL.—The Corporation may 

12 use— 

13 ‘‘(A) efficacious and economical processes 

14 for spent nuclear fuel management; and 

15 ‘‘(B) any method of improving the produc16 tion of nuclear power. 

17 ‘‘(2) INFRINGEMENT.—Except as provided in 

18 paragraph (3), an owner of a patent the patent 

19 rights of which are copied, used, infringed, or em20 ployed by the Corporation pursuant to this sub21 section shall have as the exclusive remedy a cause of 

22 action against the Corporation to be instituted and 

23 prosecuted, as a case in equity, in the appropriate 

24 United States district court for the recovery of rea25 sonable compensation for the infringement. 


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1 ‘‘(3) FEDERAL EMPLOYEES.—This section shall 

2 not apply to any art, machine, method of manufac3 ture, or composition of matter discovered or invented 

4 by an employee during the period of employment by 

5 the Corporation or the Federal Government. 

6 ‘‘(b) EXCLUSIVE RIGHT TO COMMERCIALIZE.—The 

7 Corporation shall have the exclusive commercial right to 

8 deploy and use any spent nuclear fuel management patent 

9 or process of the Corporation. 

10 ‘‘(c) RESEARCH AND DEVELOPMENT.—On request of 

11 the Corporation, the Secretary shall provide, on a reim12 bursable basis, research and development of alternative 

13 technologies for spent nuclear fuel management. 

14 ‘‘SEC. 3205. LIABILITIES. 

15 ‘‘(a) LIABILITIES BASED ON OPERATIONS BEFORE

16 TRANSITION.—Except as otherwise provided in this title, 

17 each liability attributable to spent nuclear fuel manage18 ment or property transferred to the Corporation before the 

19 applicable transfer date shall remain a liability of the De20 partment. 

21 ‘‘(b) JUDGMENTS BASED ON OPERATIONS BEFORE

22 TRANSITION.—Except as otherwise agreed to by the Cor23 poration and the Department, a judgment entered against 

24 the Department imposing liability arising out of a spent 

25 nuclear fuel management obligation of the Department 


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1 under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

2 10101 et seq.) or a spent fuel disposal contract shall be 

3 considered to be a judgment against, and payable solely 

4 by, the Department. 

5 ‘‘(c) REPRESENTATION.—With respect to any claim 

6 to impose liability under subsection (a) or (b)— 

7 ‘‘(1) the United States shall be represented by 

8 the Department of Justice; and 

9 ‘‘(2) the Corporation shall be represented by a 

10 counsel selected by the Corporation. 

11 ‘‘(d) JUDGMENTS AND LIABILITIES BASED ON OPER12 ATIONS AFTER TRANSITION.— 

13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in this subsection, a judgment entered against 

15 the Corporation arising from operations of the Cor16 poration on or after the transfer date shall be pay17 able solely by the Corporation from funds of the 

18 Corporation. 

19 ‘‘(2) EXISTING SPENT FUEL DISPOSAL CON20 TRACTS.— 

21 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

22 not apply to a liability or judgment that— 

23 ‘‘(i) is based on a spent fuel disposal 

24 contract in existence on the date of enact25 ment of this title; and 


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1 ‘‘(ii) accrues not later than 10 years 

2 after the license termination date of the re3 actor to which the contract applies, includ4 ing any renewals of the license granted by 

5 the Nuclear Regulatory Commission. 

6 ‘‘(B) PAYMENT.—A liability or judgment 

7 described in subparagraph (A) shall continue to 

8 be— 

9 ‘‘(i) the responsibility of the Depart10 ment; and 

11 ‘‘(ii) payable pursuant to section 1304 

12 of title 31, United States Code. 

13 ‘‘(3) RELATIONSHIP TO OTHER PROVISIONS.— 

14 Payments from the funds of the Corporation de15 scribed in paragraph (1) shall not be subject to the 

16 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 

17 et seq.), including section 302(d) of that Act (42 

18 U.S.C. 10222(d)). 

19 ‘‘(4) TREATMENT.—The Corporation shall not 

20 be considered to be a Federal agency for purposes 

21 of chapter 171 of title 28, United States Code. 

22 ‘‘SEC. 3206. PREDEPLOYMENT ACTIVITIES BY CORPORA23 TION. 

24 ‘‘The Corporation, in coordination with the Depart25 ment, may carry out such activities as are necessary to 


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1 prepare for the provision of spent nuclear fuel manage2 ment services, including— 

3 ‘‘(1) initiation of public outreach and coordina4 tion with State and local stakeholders; 

5 ‘‘(2) completion of preapplication activities with 

6 the Commission; 

7 ‘‘(3) confirmation of technical performance; 

8 ‘‘(4) validation of economic projections; 

9 ‘‘(5) completion of feasibility and risk studies; 

10 ‘‘(6) initiation of preliminary plant design and 

11 engineering; and 

12 ‘‘(7) site selection, site characterization, and en13 vironmental documentation activities. 

14 ‘‘SEC. 3207. CONSTRUCTION AND OPERATION OF FACILI15 TIES. 

16 ‘‘(a) ESTABLISHMENT.—If the Corporation elects to 

17 proceed with the construction of a new facility, or take 

18 over operation of an existing facility, for spent nuclear fuel 

19 management, the Corporation may enter into a contract 

20 with 1 or more contractors for the construction or oper21 ation of the facility. 

22 ‘‘(b) TRANSACTIONS BETWEEN CORPORATION AND

23 CONTRACTORS.— 


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1 ‘‘(1) GRANTS.—The Corporation may make 

2 grants or loans to 1 or more contractors to carry out 

3 any duty of the Corporation under this title. 

4 ‘‘(2) LICENSING AGREEMENT.—The Corpora5 tion may license to a contractor any right, title, or 

6 interest of the Corporation under this title. 

7 ‘‘(3) PURCHASE AGREEMENT.—The Corpora8 tion may enter into a commitment to purchase any 

9 spent nuclear fuel management service, nuclear ma10 terial, or fuel product produced at a facility operated 

11 by a contractor. 

12 ‘‘(4) ADDITIONAL ASSISTANCE.—The Corpora13 tion may provide to a contractor such additional per14 sonnel, services, and equipment as the Corporation 

15 determines to be appropriate. 

16 ‘‘SEC. 3208. PRICE-ANDERSON COVERAGE. 

17 ‘‘(a) IN GENERAL.—Section 170 shall apply to any 

18 spent nuclear fuel management facility— 

19 ‘‘(1) owned or operated by, or under contract 

20 with, the Corporation; 

21 ‘‘(2) licensed under section 53, 63, or 103; and 

22 ‘‘(3) constructed after the date of enactment of 

23 this title. 

24 ‘‘(b) INDEMNITY AGREEMENTS.—The Secretary, 

25 pursuant to section 170, may enter in to any indemnity 


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1 agreement with the Corporation or a contractor of the 

2 Corporation as the Secretary determines to be necessary. 

3 ‘‘SEC. 3209. REFERENCES. 

4 ‘‘Any reference to the Commission or the Department 

5 contained in section 161 k., 221 a., or 230 shall be consid6 ered to include the Corporation. 

7 ‘‘SEC. 3210. SEVERABILITY. 

8 ‘‘If any provision of this title or the application of 

9 any such provision to any entity, person, or circumstance 

10 is for any reason judged by a court of competent jurisdic11 tion to be invalid, the remainder of this title and the appli12 cation of this title shall not be affected.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of the Atomic Energy Act of 1954 (42 U.S.C. 2011 

15 note) is amended by adding at the end the following: 

‘‘Sec. 1. Short title. 

‘‘Sec. 2. United States Nuclear Fuel Management Corporation. 

‘‘TITLE III—UNITED STATES NUCLEAR FUEL MANAGEMENT 

CORPORATION 

‘‘Sec. 3001. Purpose. 

‘‘Sec. 3002. Definitions. 

‘‘Subtitle A—Establishment, Powers, and Organization 

‘‘Sec. 3101. Establishment. 

‘‘Sec. 3102. Powers. 

‘‘Sec. 3103. Board of Directors. 

‘‘Sec. 3104. Management. 

‘‘Sec. 3105. Audits. 

‘‘Sec. 3106. Annual reports. 

‘‘Sec. 3107. United States Nuclear Fuel Management Corporation Fund. 

‘‘Sec. 3108. Issuance of bonds. 

‘‘Sec. 3109. Exemption from taxation and payments in lieu of taxes. 

‘‘Sec. 3110. Nonapplicability of certain Federal law. 

‘‘Sec. 3111. Protection of information. 

‘‘Sec. 3112. Transition and transfer requirements. 


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‘‘Subtitle B—Rights, Privileges, and Assets 

‘‘Sec. 3201. Marketing and contracting authority. 

‘‘Sec. 3202. Pricing. 

‘‘Sec. 3203. Acquisition of Department land and facilities. 

‘‘Sec. 3204. Patents and inventions. 

‘‘Sec. 3205. Liabilities. 

‘‘Sec. 3206. Predeployment activities by Corporation. 

‘‘Sec. 3207. Construction and operation of facilities. 

‘‘Sec. 3208. Price-Anderson coverage. 

‘‘Sec. 3209. References. 

‘‘Sec. 3210. Severability.’’. 

Æ 


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