II 

110TH CONGRESS 

2D SESSION S. 3661 

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

Nuclear Fuel Management Corporation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Mr. VOINOVICH (for himself, Mr. DOMENICI, Ms. MURKOWSKI, Mrs. DOLE, 

and Mr. ALEXANDER) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

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 2008’’. 


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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 manage, on a self-sustaining and effi13 cient basis, a spent nuclear fuel enterprise to elimi14 nate the need for Federal funding (other than fund15 ing provided pursuant to this title) for the manage16 ment of spent nuclear fuel; 

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

18 obligations, and resources of the Federal Govern19 ment with respect to spent nuclear fuel manage20 ment, including the duties and powers of— 

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

22 Waste Fund; and 

23 ‘‘(B) the Office of Civilian Radioactive 

24 Waste Management under section 304 of that 

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

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


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

2 and 

3 ‘‘(B) the enforcement of laws and policies 

4 concerning nonproliferation of atomic weapons 

5 and other nonpeaceful uses of atomic energy; 

6 ‘‘(4) to advance technologies and facilities that 

7 will recycle spent nuclear fuel into useable reactor 

8 fuel which will— 

9 ‘‘(A) address global counterproliferation 

10 and counterterrorism; 

11 ‘‘(B) promote efficient utilization of nu12 clear fuel resources; and 

13 ‘‘(C) provide for safe, secure disposal of 

14 nuclear materials; 

15 ‘‘(5) to maintain a reliable and economical do16 mestic source of spent nuclear fuel management 

17 services and sustain and expand the role of nuclear 

18 energy in meeting United States requirements for 

19 clean, safe, reliable, and affordable energy; 

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

21 and related services to— 

22 ‘‘(A) the Department of Energy for gov23 ernmental purposes; and 

24 ‘‘(B) domestic persons; and 


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

2 purposes described in this section. 

3 ‘‘SEC. 3002. DEFINITIONS. 

4 ‘‘In this title: 

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

6 Board of Directors of the Corporation established 

7 under section 3103. 

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

9 means the United States Spent Nuclear Fuel Cor10 poration established by section 3101(a). 

11 ‘‘(3) CORPORATION FUND.—The term ‘Corpora12 tion Fund’ means the United States Nuclear Fuel 

13 Management Corporation Fund established by sec14 tion 3107. 

15 ‘‘(4) DECOMMISSIONING; DECONTAMINATION.— 

16 The terms ‘decommissioning’ and ‘decontamination’, 

17 with respect to an activity, include any activity other 

18 than a response action or corrective action carried 

19 out for purposes of decontaminating or decommis20 sioning a facility for spent nuclear fuel management 

21 that has residual radioactive or mixed radioactive 

22 and hazardous chemical contamination (including 

23 depleted tailings). 

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

25 means the Department of Energy. 


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1 ‘‘(6) NUCLEAR WASTE FUND.—The term ‘Nu2 clear Waste Fund’ means the Nuclear Waste Fund 

3 established under section 302 of the Nuclear Waste 

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

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

6 the Secretary of Energy. 

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

8 term ‘spent fuel disposal contract’ means a contract 

9 between the Secretary and a person entered into 

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

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

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

13 nuclear fuel’ means any nuclear fuel or highly radio14 active waste that has been irradiated in a domestic, 

15 commercial nuclear power reactor pursuant to a 

16 spent fuel disposal contract. 

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

18 The term ‘spent nuclear fuel management’ means 

19 any activity involving— 

20 ‘‘(A) the storage, transportation, reprocess21 ing, processing, treatment, fabrication, or sale 

22 of a product derived from spent nuclear fuel; or 

23 ‘‘(B) the disposal of spent nuclear fuel. 

24 ‘‘(11) TECHNOLOGY FOR SPENT NUCLEAR FUEL

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1 clear fuel management’ means any technology used 

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

3 spent nuclear fuel. 

4 ‘‘(12) TRANSFER DATE.—The term ‘transfer 

5 date’ means, with respect to any asset, property, 

6 right, liability, or obligation transferred from the 

7 Department to the Corporation pursuant to this 

8 title, the date selected by the Corporation and the 

9 Department for the transfer. 

10 ‘‘Subtitle A—Establishment, 

11 Powers, and Organization 

12 ‘‘SEC. 3101. ESTABLISHMENT. 

13 ‘‘(a) IN GENERAL.—There is established a corpora14 tion, to be known as the ‘United States Nuclear Fuel Man15 agement Corporation’. 

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

17 this title, the Corporation shall be— 

18 ‘‘(1) a wholly owned Federal corporation, sub19 ject to chapter 91 of title 31, United States Code; 

20 and 

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

22 ‘‘(c) CORPORATE OFFICES.— 

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


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

2 maintain an office in the District of Columbia; 

3 and 

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

5 be considered to be a resident of the District of 

6 Columbia. 

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

8 establish offices in such other locations as the Cor9 poration determines to be appropriate. 

10 ‘‘SEC. 3102. POWERS. 

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

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

13 applicable Federal law, shall have all the powers of 

14 a private corporation incorporated under the District 

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

16 section 29–301 et seq.).; 

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

18 with respect to the payment of debts from bankrupt, 

19 insolvent, and decedent persons or estates; 

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

21 General Services the services provided by the Admin22 istrator to Federal agencies on the same basis as 

23 those services are so provided; 

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

25 nuclear fuel, provide for the management of spent 


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1 nuclear fuel by others, and acquire spent nuclear 

2 fuel or materials necessary to reprocess spent nu3 clear fuel or fabricate reactor fuel from spent nu4 clear fuel; 

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

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

7 obligations, and use of resources of the Federal Gov8 ernment with respect to spent nuclear fuel manage9 ment, including the duties and powers of— 

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

11 Waste Fund; and 

12 ‘‘(B) the Office of Civilian Radioactive 

13 Waste Management under section 304 of that 

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

15 ‘‘(6) shall— 

16 ‘‘(A) construct spent fuel reprocessing and 

17 fuel fabrication facilities required to conduct en18 gineering-scale demonstrations of nuclear fuel 

19 reprocessing research and development con20 ducted by the Department or by public or pri21 vate organizations; 

22 ‘‘(B) use the facilities to develop the re23 quired licensing basis documentation and tech24 nical criteria necessary to obtain a construction 

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1 latory Commission for full commercial-scale 

2 used nuclear fuel reprocessing and fuel fabrica3 tion facilities; 

4 ‘‘(C) develop used nuclear fuel reprocessing 

5 and fuel fabrication technologies the Corpora6 tion considers commercially promising that— 

7 ‘‘(i) do not seek to separate pure plu8 tonium; 

9 ‘‘(ii) reduce the burden on geological 

10 repositories for ultimate waste disposal; 

11 ‘‘(iii) promote extraction of additional 

12 useful energy from used nuclear fuel 

13 through recycling or reuse; and 

14 ‘‘(iv) produce fuel for use in civilian 

15 nuclear power reactors; and 

16 ‘‘(D) use funds of the Corporation to li17 cense, construct, and operate the reprocessing 

18 and fuel fabrication demonstration facilities. 

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

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

21 ‘‘(1) for the identification, development, licens22 ing, construction, operation, decommissioning, and 

23 post-decommissioning maintenance and monitoring 

24 of any repository, interim storage facility, monitored 

25 retrievable storage facility, reprocessing facility, fuel 


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1 fabrication facility, or test and evaluation facility 

2 constructed under title III of the Nuclear Waste Pol3 icy Act of 1982 (42 U.S.C. 10221 et seq.), except 

4 that the limitations imposed on a monitored retriev5 able storage facility under section 141(g) of that Act 

6 (42 U.S.C. 10161(g)) shall not apply to an interim 

7 storage facility developed by the Corporation; 

8 ‘‘(2) for the administration of the high-level ra9 dioactive waste disposal program of the Department; 

10 ‘‘(3) to enter into a new spent fuel disposal con11 tract under section 302(a) of the Nuclear Waste 

12 Policy Act of 1982 (42 U.S.C. 10222(a)) for a com13 mercial nuclear power reactor not yet licensed by the 

14 Nuclear Regulatory Commission; 

15 ‘‘(4) to assume all responsibilities of the De16 partment under spent fuel disposal contracts in ex17 istence on the date of enactment of this title, except 

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

19 to perform under those contracts shall not be as20 sumed by the Corporation until the date that is 15 

21 years after the date of enactment of this title; and 

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

23 waste fee provided by section 302(a)(4) of the Nu24 clear Waste Policy Act of 1982 (42 U.S.C. 

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1 cept that the Corporation may not implement any 

2 changes in the fee schedule except as authorized by 

3 Act of Congress; 

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

5 replacement, operation, and construction of facilities 

6 at a repository site, reprocessing facility site, reproc7 essed fuel fabrication facility site, monitored retriev8 able storage site, or test and evaluation facility site 

9 necessary or incident to a repository, reprocessing 

10 facility, reprocessed fuel fabrication facility, mon11 itored retrievable storage facility, or test and evalua12 tion facility; 

13 ‘‘(7) to carry out such nongeneric research, de14 velopment, and demonstration activities relating to 

15 evaluating, improving, and testing existing tech16 nologies for spent nuclear fuel management and re17 lated processes and activities as the Corporation 

18 considers to be necessary or advisable to achieve the 

19 purposes of this title; 

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

21 nuclear fuel management, uranium, enriched ura22 nium, plutonium, other special nuclear material, fis23 sionable nuclear material, fertile nuclear material, 

24 fission byproducts, actinides, or depleted uranium 

25 with any person— 


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

2 104, in accordance with the applicable license; 

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

4 period provided for, an agreement for coopera5 tion under section 123; or 

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

7 into a transaction described in subparagraph 

8 (A) or (B); 

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

10 with— 

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

12 63, 103, or 104, for such period as the Cor13 poration considers to be appropriate to provide 

14 services supporting the mission and purpose of 

15 the Corporation under this title; and 

16 ‘‘(B) the Department in accordance with 

17 this title for spent nuclear fuel management 

18 and related services that the Department deter19 mines to be required— 

20 ‘‘(i) to carry out Presidential direc21 tives and authorizations; and 

22 ‘‘(ii) to conduct other Department 

23 programs; 

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

25 which shall be judicially noticed; 


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

2 and be represented by an attorney in all administra3 tive and judicial proceedings, including, on approval 

4 of the Attorney General, appeals from decisions of 

5 United States courts, except that the United States 

6 Court of Federal Claims shall have exclusive juris7 diction over a claim against the Corporation and a 

8 decision or action of the Corporation shall not be 

9 subject to review under section 119 of the Nuclear 

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

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

12 agents, and employees of the Corporation for liabil13 ities and expenses relating to corporate activities; 

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

15 real and personal property, including patents and 

16 proprietary data, as the Corporation determines to 

17 be necessary in the transaction of business; and 

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

19 real and personal property as the Corporation deter20 mines to be necessary to achieve the purposes of this 

21 title; 

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

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

24 or personnel of any State or local government agen25 cy or instrumentality or voluntary or uncompensated 


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1 personnel to perform appropriate functions on behalf 

2 of the Corporation; 

3 ‘‘(15) to enter into and carry out such con4 tracts, leases, cooperative agreements, or other 

5 transactions as are necessary to conduct business, 

6 on a reimbursable basis, with— 

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

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

9 any political subdivision thereof) of the United 

10 States; or 

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

12 corporation; 

13 ‘‘(16) to determine the character of, and the ne14 cessity for, the obligations and expenditures of the 

15 Corporation and the manner in which the obligations 

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

17 subject to this title and other Federal law specifi18 cally applicable to wholly owned Federal corpora19 tions; 

20 ‘‘(17) to retain and use the revenues of the Cor21 poration to achieve the purposes of this title, includ22 ing research and development and capital invest23 ment, in a manner that ensures that the retention 

24 and use shall not be subject to apportionment under 


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1 subchapter II of chapter 15 of title 31, United 

2 States Code; 

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

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

5 parties; or 

6 ‘‘(B) held by other parties against the Cor7 poration; 

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

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

10 property to achieve the purposes of this title; 

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

12 bylaws and regulations, appropriate instruments; 

13 ‘‘(21) to provide for liability insurance by con14 tract or self-insurance; and 

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

16 3205, to pay any settlement or judgment entered 

17 against the Corporation from the Corporation Fund 

18 and not from funds made available pursuant to sec19 tion 1304 of title 31, United States Code. 

20 ‘‘(c) COLOCATION WITH INTERIM STORAGE FACILI21 TIES.—If the Corporation determines that an interim used 

22 nuclear fuel storage facility is needed, the Corporation 

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1 ity in the siting and engineering of the interim storage 

2 facility. 

3 ‘‘SEC. 3103. BOARD OF DIRECTORS. 

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

5 by a Board of Directors. 

6 ‘‘(b) MEMBERSHIP.— 

7 ‘‘(1) APPOINTMENT.—The Board shall be com8 posed of 7 members, to be appointed by the Presi9 dent by and with the advice and consent of the Sen10 ate. 

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

12 Board shall elect 1 member to act as Chairperson of 

13 the Board. 

14 ‘‘(c) QUALIFICATIONS.—To be eligible to be ap15 pointed as a member of the Board, an individual— 

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

17 ‘‘(2) shall have management expertise relating 

18 to large organizations; 

19 ‘‘(3) shall not be an employee of the Corpora20 tion; 

21 ‘‘(4) shall make full disclosure to Congress of 

22 any investment or other financial interest that the 

23 individual holds in the energy industry; 

24 ‘‘(5) shall affirm support for the purposes of 

25 the Corporation; and 


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1 ‘‘(6) may be a representative of and have fidu2 ciary obligations to, 1 or more parties currently or 

3 previously contributing to the Nuclear Waste Fund 

4 or the Corporation Fund, with the association not 

5 considered a conflict of interest. 

6 ‘‘(d) TERMS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), a member of the Board shall serve for a 

9 term of not more than 5 years. 

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

11 appointed to the Board— 

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

13 term; 

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

15 term; 

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

17 term; and 

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

19 term. 

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

21 Board the term of service of whom has expired may 

22 be reappointed by the President, by and with the ad23 vice and consent of the Senate. 


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

2 term of service of whom has expired may continue 

3 to serve on the Board until the earlier of— 

4 ‘‘(A) the date on which a successor mem5 ber is appointed; and 

6 ‘‘(B) the date on which the session of Con7 gress during which the term of the member ex8 pires ends. 

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

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

11 and 

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

13 original appointment was made. 

14 ‘‘(f) MEETINGS.—The Board shall meet in accord15 ance with the bylaws of the Corporation— 

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

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

18 ‘‘(g) QUORUM.—5 members of the Board shall con19 stitute a quorum. 

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

21 Board may amend the bylaws of the Corporation. 

22 ‘‘(i) COMPENSATION.—A member of the Board shall 

23 be allowed travel expenses, including per diem in lieu of 

24 subsistence, at rates authorized for an employee of an 

25 agency under subchapter I of chapter 57 of title 5, United 


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1 States Code, while away from the home or regular place 

2 of business of the member in the performance of the duties 

3 of the Board. 

4 ‘‘SEC. 3104. MANAGEMENT. 

5 ‘‘(a) CHIEF EXECUTIVE OFFICER.— 

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

7 an individual to serve as chief executive officer of 

8 the Corporation. 

9 ‘‘(2) QUALIFICATIONS.— 

10 ‘‘(A) IN GENERAL.—To be eligible serve as 

11 chief executive officer of the Corporation, an in12 dividual— 

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

14 management experience in large, complex 

15 organizations; 

16 ‘‘(ii) shall not— 

17 ‘‘(I) be a member of the Board; 

18 or 

19 ‘‘(II) have served as a member of 

20 the Board during the 2-year period 

21 ending on the date of appointment as 

22 chief executive officer; and 

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

24 interest policy adopted by the Board. 


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

2 executive officer, the Board shall give particular 

3 consideration to appointing an individual 

4 with— 

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

6 and 

7 ‘‘(ii) strong financial skills. 

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

9 serve at the pleasure of the Board. 

10 ‘‘(4) AUTHORITIES AND DUTIES.—The chief ex11 ecutive officer shall— 

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

13 the Corporation; and 

14 ‘‘(B) report to, and be under the direct au15 thority of, the Board. 

16 ‘‘(5) CORPORATE OFFICERS.—The chief execu17 tive officer shall appoint such managers, assistant 

18 managers, employees, attorneys, and agents as are 

19 necessary to carry out the powers of the Corpora20 tion— 

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

22 Board; and 

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

24 laws applicable to officers and employees of the 

25 United States. 


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1 ‘‘(b) COMPENSATION PLAN.— 

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

3 5301 of title 5, United States Code, the Board shall 

4 establish— 

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

6 officers and employees of the Corporation; and 

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

8 those responsibilities and promote efficiency. 

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

10 ensure that— 

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

12 promoted, and assigned on the basis of capa13 bility and fitness; and 

14 ‘‘(B) other personnel actions are consistent 

15 with the principles of fairness and due process, 

16 without regard to the provisions of title 5, 

17 United States Code, relating to appointments 

18 and other personnel actions in the competitive 

19 service. 

20 ‘‘(3) PROTECTION OF DEPARTMENT EMPLOY21 EES.— 

22 ‘‘(A) PURPOSE.—The purpose of this para23 graph is to ensure that the establishment of the 

24 Corporation does not result in any inequitable 

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1 efits of Department employees in carrying out 

2 the functions transferred from the Department 

3 to the Corporation pursuant to this title. 

4 ‘‘(B) MEASURES OF PROTECTION.—The 

5 compensation, benefits, and other terms and 

6 conditions of employment in effect on the day 

7 before the applicable transfer date for activities 

8 previously carried out by the Department pur9 suant to any law or regulation shall continue to 

10 apply to officers and employees of the Depart11 ment or any other Federal department or agen12 cy who are detailed to the Corporation until the 

13 date on which the officers or employees are no 

14 longer detailed to the Board. 

15 ‘‘(c) TRANSFEREES AND DETAILEES.— 

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

17 and subject to the approval of the Secretary, an em18 ployee of the Department may be transferred or de19 tailed to the Corporation in accordance with section 

20 3112 without any loss in accrued benefits or stand21 ing within the Civil Service System. 

22 ‘‘(2) BENEFITS.— 

23 ‘‘(A) IN GENERAL.—An employee who ac24 cepts a transfer to the Corporation may elect— 


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1 ‘‘(i) to have any accrued retirement 

2 benefits transferred to a retirement system 

3 established by the Corporation; or 

4 ‘‘(ii) to retain coverage under, as ap5 plicable— 

6 ‘‘(I) the Civil Service Retirement 

7 System; or 

8 ‘‘(II) the Federal Employees Re9 tirement System. 

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

11 employee who elects to retain coverage under 

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

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

14 of the employee; and 

15 ‘‘(ii) use the amounts withheld to 

16 make such payments as are required under 

17 the applicable Federal retirement system. 

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

19 any employee of the Department who is detailed to 

20 the Board a position of like grade, compensation, 

21 and proximity to the official duty station of the em22 ployee beginning on the date on which the services 

23 of the employee are no longer required by the Cor24 poration. 


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1 ‘‘SEC. 3105. AUDITS. 

2 ‘‘(a) INDEPENDENT AUDITS.— 

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

4 the Corporation shall be— 

5 ‘‘(A) prepared in accordance with generally 

6 accepted accounting principles; and 

7 ‘‘(B) audited annually by an independent 

8 certified public accountant in accordance with— 

9 ‘‘(i) auditing standards issued by the 

10 Comptroller General of the United States; 

11 and 

12 ‘‘(ii) generally accepted auditing 

13 standards of the private sector. 

14 ‘‘(2) REVIEW BY GAO.—The Comptroller Gen15 eral— 

16 ‘‘(A) may review any audit under para17 graph (1); and 

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

19 Corporation a report describing the results of 

20 each review under subparagraph (A), including 

21 appropriate recommendations, if any. 

22 ‘‘(b) GAO AUDITS.— 

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

24 may audit the financial statements of the Corpora25 tion for any year in accordance with subsection 

26 (a)(1). 


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

2 Corporation shall reimburse the Comptroller General 

3 for the cost of any audit conducted under this sub4 section, as determined by the Comptroller General. 

5 ‘‘(c) AVAILABILITY OF BOOKS AND RECORDS.—Sub6 ject to section 3111, all books, accounts, financial records, 

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

8 in use by, the Corporation or an auditor of the Corpora9 tion that the Comptroller General considers to be nec10 essary to conduct an audit or review under this section 

11 shall be made available to the Comptroller General. 

12 ‘‘(d) TREATMENT OF GAO AUDITS.—An audit or re13 view by the Comptroller General under this section shall 

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

15 of the Corporation required to be carried out by the Comp16 troller General under chapter 91 of title 31, United States 

17 Code, or other applicable law. 

18 ‘‘SEC. 3106. ANNUAL REPORTS. 

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

20 each year, the Corporation shall submit to the President 

21 and Congress a report describing the activities carried out 

22 by the Corporation during the preceding fiscal year, in23 cluding— 

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

25 the Corporation; 


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

2 performance of the Corporation, including an expla3 nation of the decision whether to pay dividends; and 

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

5 the applicable fiscal year under section 3105. 

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

7 shall— 

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

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

10 and 

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

12 the Corporation as of that date. 

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

14 CORPORATION FUND. 

15 ‘‘(a) ESTABLISHMENT.— 

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

17 Treasury of the United States a revolving fund, to 

18 be known as the ‘United States Nuclear Fuel Man19 agement Corporation Fund’— 

20 ‘‘(A) to be made available to the Corpora21 tion to carry out this title without appropriation 

22 or fiscal year limitation; and 

23 ‘‘(B) which shall not be subject to appor24 tionment under subchapter II of chapter 15 of 

25 title 31, United States Code. 


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1 ‘‘(b) TRANSFER OF UNEXPENDED BALANCES.—On 

2 the applicable transfer date, the Secretary shall deposit 

3 in the Corporation Fund, without further appropriation, 

4 the unexpended balance of appropriations and other funds 

5 available to the Department (including funds set aside for 

6 accounts payable), and accounts receivable, relating to 

7 functions and activities assumed by the Corporation from 

8 the Department pursuant to this title, including all ad9 vance payments. 

10 ‘‘(c) NUCLEAR WASTE FUND TRANSFER.—The Sec11 retary of the Treasury, without further appropriation, 

12 shall deposit in the Corporation Fund the unexpended bal13 ance of the Nuclear Waste Fund in accordance with the 

14 following schedule: 

15 ‘‘(1) On the date of enactment of this title, any 

16 unfunded balance of the unexpended balance shall be 

17 credited to the Corporation Fund as an unfunded 

18 asset, which will continue to accrue interest at rates 

19 and maturities determined by the Secretary of 

20 Treasury, including— 

21 ‘‘(A) all receipts, proceeds, and recoveries 

22 received by the Nuclear Waste Fund under sub23 sections (a), (b), and (e) of section 302 of the 

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

25 10222); and 


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1 ‘‘(B) any appropriations made to the Nu2 clear Waste Fund. 

3 ‘‘(2) Beginning on the date of enactment of this 

4 title, all receipts, proceeds, interest, and recoveries 

5 received on or after that date under subsections (a), 

6 (b), and (e) of section 302 of that Act (42 U.S.C. 

7 10222). 

8 ‘‘(d) USE OF CORPORATION FUND.— 

9 ‘‘(1) IN GENERAL.—The Corporation may make 

10 expenditures from the Corporation Fund only to 

11 carry out the purposes of this title. 

12 ‘‘(2) RELATIONSHIP TO OTHER PROVISIONS.— 

13 Expenditures from the Corporation Fund shall not 

14 be subject to section 302(d) of the Nuclear Waste 

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

16 ‘‘(e) ADMINISTRATION OF CORPORATION FUND.— 

17 ‘‘(1) IN GENERAL.—The Secretary of the 

18 Treasury shall— 

19 ‘‘(A) administer the Corporation Fund; 

20 and 

21 ‘‘(B) in consultation with the Corporation, 

22 submit to Congress annual reports describing 

23 the financial condition and operations of the 

24 Corporation Fund during the preceding fiscal 

25 year. 


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1 ‘‘(2) TREATMENT.—The Corporation Fund 

2 shall not be subject to— 

3 ‘‘(A) the allocations for discretionary 

4 spending under section 302(a) of the Congres5 sional Budget Act of 1974 (2 U.S.C. 633(a)); 

6 or 

7 ‘‘(B) the suballocations of appropriations 

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

9 U.S.C. 633(b)). 

10 ‘‘(3) INVESTMENT.—If the Corporation deter11 mines that the Corporation Fund contains at any 

12 time amounts in excess of the needs of the Corpora13 tion, the Corporation may request the Secretary of 

14 the Treasury to invest such portion of the excess 

15 amounts as the Corporation determines to be appro16 priate in obligations of the United States— 

17 ‘‘(A) having maturities determined by the 

18 Secretary of the Treasury to be appropriate to 

19 the needs of the Corporation Fund; and 

20 ‘‘(B) bearing interest at rates determined 

21 to be appropriate by the Secretary of the Treas22 ury, taking into consideration the current aver23 age market yield on outstanding marketable ob24 ligations of the United States with remaining 

25 periods to maturity comparable to the matuVerDate Aug 31 2005 19:12 Oct 04, 2008 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3661.IS S3661

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1 rities of the investments, except that the inter2 est rate on the investments shall not exceed the 

3 average interest rate applicable to existing bor4 rowings. 

5 ‘‘(4) ANNUAL APPORTIONMENT.—Receipts, pro6 ceeds, and recoveries realized by the Corporation 

7 under this section and expenditures of amounts from 

8 the Corporation Fund shall be exempt from annual 

9 apportionment under section 1511 of title 31, 

10 United States Code. 

11 ‘‘(5) INSUFFICIENT AMOUNTS.— 

12 ‘‘(A) IN GENERAL.—If at any time 

13 amounts available in the Corporation Fund are 

14 insufficient to enable the Corporation to carry 

15 out this title, the Corporation shall issue to the 

16 Secretary of the Treasury obligations in such 

17 forms and denominations, bearing such matu18 rities, and subject to such terms and conditions 

19 as may be agreed to by the Corporation and the 

20 Secretary of the Treasury. 

21 ‘‘(B) REDEMPTION.—Redemption of an 

22 obligation under subparagraph (A) shall be 

23 made by the Corporation from amounts avail24 able in the Corporation Fund. 


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1 ‘‘(C) INTEREST.—Obligations under sub2 paragraph (A) shall bear interest at a rate de3 termined by the Secretary of the Treasury, 

4 which shall be not less than a rate determined 

5 taking into consideration the average market 

6 yield on outstanding marketable obligations of 

7 the United States of comparable maturities dur8 ing the month preceding the issuance of the ob9 ligations under this paragraph. 

10 ‘‘(D) PURCHASE.— 

11 ‘‘(i) IN GENERAL.—The Secretary of 

12 the Treasury shall purchase any obliga13 tions issued under this paragraph, using as 

14 a public debt transaction the proceeds 

15 from the sale of any securities issued 

16 under section 3101 of title 31, United 

17 States Code. 

18 ‘‘(ii) TREATMENT.—The purposes for 

19 which securities may be issued under sec20 tion 3101 of title 31, United States Code, 

21 shall be considered to include any purchase 

22 of an obligation under this subparagraph. 

23 ‘‘(E) SALE.—The Secretary of the Treas24 ury may at any time sell an obligation acquired 

25 pursuant to this paragraph. 


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1 ‘‘(F) TREATMENT.—Each redemption, 

2 purchase, and sale by the Secretary of the 

3 Treasury of an obligation under this paragraph 

4 shall be considered to be a public debt trans5 action of the United States. 

6 ‘‘(6) REPAYMENT.— 

7 ‘‘(A) IN GENERAL.—Any appropriated 

8 amounts deposited in the Corporation Fund for 

9 a purpose described in subsection 302(d) of the 

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

11 10222(d)) shall be repaid into the general fund 

12 of the Treasury, together with interest accrued 

13 during the period beginning on the date on 

14 which the amounts are made available and end15 ing on the date of repayment. 

16 ‘‘(B) INTEREST.—The interest required 

17 under subparagraph (A) shall be an amount 

18 equal to the difference between— 

19 ‘‘(i) the cumulative amount of appro20 priations available to the Corporation 

21 Fund; and 

22 ‘‘(ii) the average undisbursed cash 

23 balance in the Corporation Fund for the 

24 applicable fiscal year. 


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1 ‘‘(C) RATE.—The rate of interest under 

2 this paragraph shall be determined by the Sec3 retary of the Treasury, taking into consider4 ation the average market yield during the 

5 month preceding the first date of each fiscal 

6 year on outstanding marketable obligations of 

7 the United States of comparable maturity. 

8 ‘‘(D) DEFERRAL.— 

9 ‘‘(i) IN GENERAL.—An interest pay10 ment under this paragraph may be de11 ferred on approval of the Secretary of the 

12 Treasury. 

13 ‘‘(ii) INTEREST.—An interest payment 

14 deferred under clause (i) shall bear inter15 est. 

16 ‘‘SEC. 3108. ISSUANCE OF BONDS. 

17 ‘‘(a) ISSUANCE.— 

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

19 and sell bonds, notes, and other evidences of indebt20 edness (referred to in this section as ‘bonds’). 

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

22 pledge and use revenues of the Corporation for— 

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

24 on the bonds; 


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1 ‘‘(B) purchase or redemption of additional 

2 bonds; and 

3 ‘‘(C) other purposes incidental to the func4 tions described in subparagraphs (A) and (B), 

5 including creation of reserve funds and other 

6 funds that may be similarly pledged and used. 

7 ‘‘(3) AGREEMENTS WITH HOLDERS AND TRUST8 EES.—The Corporation may enter into binding 

9 agreements with the holders and trustees of bonds 

10 with respect to activities to enhance the market11 ability of the bonds, including— 

12 ‘‘(A) the establishment of reserve funds 

13 and other funds; 

14 ‘‘(B) stipulations concerning the subse15 quent issuance of bonds; and 

16 ‘‘(C) other activities in accordance with 

17 this title. 

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

19 ‘‘(1) IN GENERAL.—A bond issued by the Cor20 poration under this section shall not be considered 

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

22 or interest by, the United States. 

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

24 shall contain a notice of the consideration described 

25 in paragraph (1). 


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1 ‘‘(c) TERMS AND CONDITIONS.— 

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

3 issued by the Corporation under this section shall— 

4 ‘‘(A) be a negotiable instrument unless 

5 otherwise specified in the bond; and 

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

7 the date of issuance. 

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

9 ‘‘(A) RIGHT OF DISAPPROVAL.— 

10 ‘‘(i) IN GENERAL.—Not later than 15 

11 days after the date on which the Corpora12 tion submits to the Secretary of the Treas13 ury a notification of the establishment of a 

14 term or condition on a bond under this 

15 section described in clause (ii), the Sec16 retary of the Treasury may disapprove the 

17 term or condition. 

18 ‘‘(ii) DESCRIPTION.—The terms and 

19 conditions referred to in clause (i) are 

20 terms and conditions relating to— 

21 ‘‘(I) the form or denomination of 

22 a bond; 

23 ‘‘(II) the time, amount, or price 

24 at which a bond is sold; 


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

2 bond; 

3 ‘‘(IV) the terms by which the 

4 bond may be redeemed by the Cor5 poration before maturity; 

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

7 net revenues of the Corporation with 

8 respect to principal and interest pay9 ments; and 

10 ‘‘(VI) any other term or condi11 tion the Secretary of the Treasury de12 termines to be appropriate. 

13 ‘‘(B) INAPPLICABILITY OF RIGHT TO PRE14 SCRIBE TERMS.—Section 9108(a) of title 31, 

15 United States Code, shall not apply to the Cor16 poration. 

17 ‘‘(d) INAPPLICABILITY OF SECURITIES REQUIRE18 MENTS.—The Corporation— 

19 ‘‘(1) shall be considered to be an executive de20 partment of the United States for purposes of sec21 tion 3(c) of the Securities Exchange Act of 1934 (15 

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

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

24 the books of the Corporation in accordance with— 


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

2 77a et seq.); 

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

4 (15 U.S.C. 78a et seq.); and 

5 ‘‘(C) applicable regulations of the Securi6 ties and Exchange Commission. 

7 ‘‘(e) USE OF FEDERAL FINANCING BANK.—The Cor8 poration may issue or sell any bond to the Federal Financ9 ing Bank. 

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

11 IN LIEU OF TAXES. 

12 ‘‘(a) EXEMPTION FROM TAXATION.—The Corpora13 tion shall be exempt from taxation in any manner or form 

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

15 including State, county, or local sales tax. 

16 ‘‘(b) PAYMENTS IN LIEU OF TAXES.— 

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

18 make annual payments, in such amounts as the Cor19 poration determines to be fair and reasonable, to 

20 each State and local governmental agency with tax 

21 jurisdiction over any area in which a facility of the 

22 Corporation is located. 

23 ‘‘(2) DETERMINATION.—In making a deter24 mination under paragraph (1), the Corporation shall 

25 take into consideration— 


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1 ‘‘(A) the customs and practices prevailing 

2 in the applicable area with respect to appraisal, 

3 assessment, and classification of industrial 

4 property and any special considerations ex5 tended to large-scale industrial operations; and 

6 ‘‘(B) the requirement that any payment 

7 made to a taxing authority for any period shall 

8 be not less than the payments that would have 

9 been made to the taxing authority for the same 

10 period by the Department and contractors of 

11 the Department on behalf of the Department 

12 with respect to property and operations of the 

13 Corporation. 

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

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

16 which payments of taxes by taxpayers to each taxing au17 thority are due and payable. 

18 ‘‘(d) DETERMINATION OF AMOUNT DUE.—A deter19 mination by the Corporation of an amount due under this 

20 section shall be final and conclusive. 

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

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

23 be subject to— 

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

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


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

2 (15 U.S.C. 8, 9). 

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

4 HEALTH AND SAFETY LICENSING LAWS.— 

5 ‘‘(1) IN GENERAL.—The Corporation shall com6 ply with the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.). 

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

9 have exclusive jurisdiction over the facilities and op10 erations of the Corporation with respect to licensing, 

11 permitting, rulemaking, compliance, or operations 

12 under all Federal, State, interstate, and local envi13 ronmental, occupational, and public health and safe14 ty laws. 

15 ‘‘(3) ENFORCEMENT.— 

16 ‘‘(A) IN GENERAL.—A requirement in17 cluded in a license of the Commission or a sub18 stantive requirement (including any injunctive 

19 relief, administrative order, or civil or adminis20 trative penalty or fine) may be enforced against 

21 the Corporation only by the Commission (or a 

22 designee). 

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

24 any immunity otherwise applicable to the Cor25 poration. 


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1 ‘‘(c) ENERGY REORGANIZATION ACT REQUIRE2 MENTS.— 

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

4 subject to section 210 of the Energy Reorganization 

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

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

7 operation of any facility leased by the Corporation, 

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

9 to the directors and officers of the Corporation. 

10 ‘‘(d) EXEMPTION FROM FEDERAL PROPERTY AND

11 PROCUREMENT REQUIREMENTS.—The Corporation shall 

12 not be subject to— 

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

14 ‘‘(2) title III of the Federal Property and Ad15 ministrative Services Act of 1949 (41 U.S.C. 251 et 

16 seq.); or 

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

18 the Federal Acquisition Regulations contained in 

19 title 48, Code of Federal Regulations. 

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

21 the Corporation shall be subject to the export control laws 

22 if the transaction is carried out in accordance with an 

23 agreement between the United States and a foreign coun24 try. 


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1 ‘‘SEC. 3111. PROTECTION OF INFORMATION. 

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

3 Corporation shall protect information classified under this 

4 Act, trade secrets, and commercial or financial informa5 tion to the same extent as a Federal agency or private 

6 corporation, in accordance with applicable law, including 

7 section 1905 of title 18, United States Code. 

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

9 title 5, United States Code, shall not apply to the Corpora10 tion. 

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

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

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

14 shall appoint a Transition Manager, who shall serve at the 

15 pleasure of the President during the period beginning on 

16 the date of appointment and ending on the date on which 

17 a quorum of the Board has been appointed under section 

18 3103. 

19 ‘‘(b) DUTIES.— 

20 ‘‘(1) IN GENERAL.—The Transition Manager 

21 shall carry out the powers and duties of the Board, 

22 including any activity required to transfer spent nu23 clear fuel management obligations, functions, per24 sonnel, and funds from the Secretary to the Cor25 poration effective on the transition date. 


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1 ‘‘(2) CONTINUATION UNTIL QUORUM.—The 

2 Transition Manager shall carry out this section re3 gardless of whether a quorum of the Board is ap4 pointed under section 3103 by the transition date. 

5 ‘‘(c) RATIFICATION OF ACTIONS.—Each action car6 ried out by the Transition Manager shall be subject to 

7 ratification by the Board. 

8 ‘‘(d) RESPONSIBILITIES OF SECRETARY.—During 

9 the period beginning on the date of enactment of this title 

10 and ending on the transition date, the Secretary shall— 

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

12 management in accordance with applicable Federal 

13 law; 

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

15 Acts, provide funds to the Transition Manager to 

16 pay relevant salaries and expenses; 

17 ‘‘(3) assign employees of the Department to as18 sist the Transition Manager in carrying out this sec19 tion; and 

20 ‘‘(4) assist and cooperate with the Transition 

21 Manager in preparing for the transfer to the Cor22 poration of spent nuclear fuel management functions 

23 of the Department on the transition date. 

24 ‘‘(e) DETAIL OF PERSONNEL.— 


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1 ‘‘(1) IN GENERAL.—Beginning on the date of 

2 the enactment of this title, for the purpose of achiev3 ing continuity of operations, maintenance, and au4 thority, the Secretary shall detail in an acting capac5 ity, for a period of not more than 18 months, appro6 priate personnel of the Department as the Secretary 

7 determines to be necessary until the later of— 

8 ‘‘(A) the date on which each member of 

9 the Board is appointed; and 

10 ‘‘(B) the date on which the head officers of 

11 the Corporation are hired. 

12 ‘‘(2) REIMBURSEMENT.—The Corporation shall 

13 reimburse the Secretary and any applicable con14 tractor of the Department for the detail of personnel 

15 under paragraph (1). 

16 ‘‘SEC. 3113. WORKING CAPITAL ACCOUNT. 

17 ‘‘The Board shall establish within the Corporation an 

18 account, to be known as the ‘Working Capital Account’, 

19 in which the Corporation may retain all revenue necessary 

20 for legitimate business expenses or investments of the Cor21 poration in carrying out this title. 

22 ‘‘Subtitle B—Rights, Privileges, and 

23 Assets 

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

25 ‘‘(a) EXCLUSIVE MARKETING AGENT.— 


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

2 as the exclusive marketing agent on behalf of the 

3 United States for entering into contracts to provide 

4 spent nuclear fuel management and related products 

5 and services. 

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

7 the transition date, the Department may not market 

8 spent nuclear fuel management or any related serv9 ice. 

10 ‘‘(b) TRANSFER OF CONTRACTS.—Each spent nu11 clear fuel management contract, agreement, and lease exe12 cuted by the Department before the transition date relat13 ing to spent nuclear fuel management or a related service 

14 shall be transferred to the Corporation. 

15 ‘‘SEC. 3202. PRICING. 

16 ‘‘(a) SERVICES PROVIDED TO COMMERCIAL CUS17 TOMERS.— 

18 ‘‘(1) IN GENERAL.—The Corporation shall es19 tablish prices for products, materials, and services 

20 provided by the Corporation to customers other than 

21 the Department, and for services other than those 

22 provided under a spent fuel disposal contract, on a 

23 basis sufficient to— 

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

25 and 


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

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

3 paragraph (1) shall be subject to review and ap4 proval by the Board. 

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

6 Corporation shall charge the Department fees for spent 

7 nuclear fuel management services provided under section 

8 3102(b)(7) on a basis sufficient to recover the costs of 

9 the Corporation, on a yearly basis, of providing the serv10 ices. 

11 ‘‘SEC. 3203. ACQUISITION OF DEPARTMENT LAND AND FA12 CILITIES. 

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

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

15 otherwise access required portions of Department or 

16 other Federal land (other than land within the Na17 tional Park System, the National Forest System, or 

18 the National Wildlife Refuge System or land man19 aged by the Bureau of land Management that is 

20 within a conservation system unit), facilities, and 

21 property useful for spent nuclear fuel management 

22 purposes, including property or facilities of the De23 partment necessary for storage, processing, or fuel 

24 fabrication involving materials containing plutonium; 

25 and 


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

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

3 for spent nuclear fuel management purposes. 

4 ‘‘(b) TERMS OF LEASE.— 

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

6 Department shall establish mutually agreeable terms 

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

8 specifying annual payments to be made to the De9 partment by the Corporation. 

10 ‘‘(2) PAYMENTS.—The amount of annual pay11 ments for a lease under subsection (a)(1) shall be 

12 equal to the cost incurred by the Department in ad13 ministering the lease and providing to the Corpora14 tion services relating to the lease (excluding depre15 ciation and imputed interest on original plant invest16 ments and costs under subsection (c)). 

17 ‘‘(c) DEPARTMENT RESPONSIBILITY FOR PRE18 EXISTING CONDITIONS.—The payment of any costs of de19 contamination and decommissioning, actions for response 

20 (as defined in section 101 of the Comprehensive Environ21 mental Response, Compensation, and Liability Act of 

22 1980 (42 U.S.C. 9601)), or corrective actions (as defined 

23 by the Administrator of the Environmental Protection 

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

25 Act (42 U.S.C. 6924(u))), with respect to conditions existVerDate Aug 31 2005 19:12 Oct 04, 2008 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3661.IS S3661

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1 ing before the transition date, in connection with property 

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

3 remain the sole responsibility of the Department. 

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

5 consultation with the Administrator of the Environmental 

6 Protection Agency, shall conduct a comprehensive environ7 mental audit to identify the environmental conditions that 

8 will remain the responsibility of the Department under 

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

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

11 lease executed between the Secretary and the Corporation 

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

13 purposes of section 170 d. 

14 ‘‘(f) WAIVER OF EIS REQUIREMENT.—A lease exe15 cuted between the Corporation and the Department under 

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

17 action significantly affecting the quality of the human en18 vironment for purposes of section 102 of the National En19 vironmental Policy Act of 1969 (42 U.S.C. 4332). 

20 ‘‘SEC. 3204. PATENTS AND INVENTIONS. 

21 ‘‘(a) GRANT OF RIGHTS.— 

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

23 use— 

24 ‘‘(A) efficacious and economical processes 

25 for spent nuclear fuel management; and 


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1 ‘‘(B) any method of improving the produc2 tion of nuclear power. 

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

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

5 rights of which are copied, used, infringed, or em6 ployed by the Corporation pursuant to this sub7 section shall have as the exclusive remedy a cause of 

8 action against the Corporation to be instituted and 

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

10 United States district court for the recovery of rea11 sonable compensation for the infringement. 

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

13 not apply to any art, machine, method of manufac14 ture, or composition of matter discovered or invented 

15 by an employee during the period of employment by 

16 the Corporation or the Federal Government. 

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

18 Corporation shall have the exclusive commercial right to 

19 deploy and use any spent nuclear fuel management patent 

20 or process of the Corporation. 

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

22 the Corporation, the Secretary shall provide, on a reim23 bursable basis, research and development of alternative 

24 technologies for spent nuclear fuel management. 


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1 ‘‘SEC. 3205. LIABILITIES. 

2 ‘‘(a) LIABILITIES BASED ON OPERATIONS BEFORE

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

4 each liability attributable to spent nuclear fuel manage5 ment or property transferred to the Corporation before the 

6 applicable transition date shall remain a liability of the 

7 Department. 

8 ‘‘(b) JUDGMENTS BASED ON OPERATIONS BEFORE

9 TRANSITION.—Except as otherwise agreed to by the Cor10 poration and the Department, a judgment entered against 

11 the Department imposing liability arising out of a spent 

12 nuclear fuel management obligation of the Department 

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

14 10101 et seq.) or a spent fuel disposal contract shall be 

15 considered to be a judgment against, and payable solely 

16 by, the Department. 

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

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

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

20 the Department of Justice; and 

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

22 counsel selected by the Corporation. 

23 ‘‘(d) JUDGMENTS AND LIABILITIES BASED ON OPER24 ATIONS AFTER TRANSITION.— 

25 ‘‘(1) IN GENERAL.—Except as otherwise pro26 vided in this subsection, a judgment entered against 


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1 the Corporation arising from operations of the Cor2 poration on or after the transition date shall be pay3 able solely by the Corporation from funds of the 

4 Corporation. 

5 ‘‘(2) EXISTING SPENT FUEL DISPOSAL CON6 TRACTS.— 

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

8 not apply to a liability or judgment that— 

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

10 contract in existence on the date of enact11 ment of this title; and 

12 ‘‘(ii) accrues during the 15 year-pe13 riod beginning on the date of enactment of 

14 this title. 

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

16 described in subparagraph (A) shall continue to 

17 be— 

18 ‘‘(i) the responsibility of the Depart19 ment; and 

20 ‘‘(ii) payable pursuant to section 1304 

21 of title 31, United States Code. 

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

23 Payments from the funds of the Corporation de24 scribed in paragraph (1) shall not be subject to the 

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


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

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

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

4 be considered to be a Federal agency for purposes 

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

6 ‘‘SEC. 3206. PREDEPLOYMENT ACTIVITIES BY CORPORA7 TION. 

8 ‘‘The Corporation, in coordination with the Depart9 ment, may carry out such activities as are necessary to 

10 prepare for the provision of spent nuclear fuel manage11 ment services, including— 

12 ‘‘(1) completion of preapplication activities with 

13 the Commission; 

14 ‘‘(2) confirmation of technical performance; 

15 ‘‘(3) validation of economic projections; 

16 ‘‘(4) completion of feasibility and risk studies; 

17 ‘‘(5) initiation of preliminary plant design and 

18 engineering; and 

19 ‘‘(6) site selection, site characterization, and en20 vironmental documentation activities. 

21 ‘‘SEC. 3207. CONSTRUCTION OF FACILITIES. 

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

23 proceed with the construction of a facility for spent nu24 clear fuel management, the Corporation may enter into 

25 a contract with 1 or more contractors for the construction. 


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1 ‘‘(b) TRANSACTIONS BETWEEN CORPORATION AND

2 CONTRACTORS.— 

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

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

5 any duty of the Corporation under this title. 

6 ‘‘(2) LICENSING AGREEMENT.—The Corpora7 tion may license to a contractor any right, title, or 

8 interest of the Corporation under this title. 

9 ‘‘(3) PURCHASE AGREEMENT.—The Corpora10 tion may enter into a commitment to purchase any 

11 spent nuclear fuel management service, nuclear ma12 terial, or fuel product produced at a facility operated 

13 by a contractor. 

14 ‘‘(4) ADDITIONAL ASSISTANCE.—The Corpora15 tion may provide to a contractor such additional per16 sonnel, services, and equipment as the Corporation 

17 determines to be appropriate. 

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

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

20 spent nuclear fuel management facility— 

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

22 with, the Corporation; 

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

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

25 this title. 


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

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

3 agreement with the Corporation or a contractor of the 

4 Corporation as the Secretary determines to be necessary. 

5 ‘‘SEC. 3209. REFERENCES. 

6 ‘‘Any reference to the Commission or the Department 

7 contained in section 161 k., 221 a., or 230 shall be consid8 ered to include the Corporation. 

9 ‘‘SEC. 3210. SEVERABILITY. 

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

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

12 is for any reason judged by a court of competent jurisdic13 tion to be invalid, the remainder of this title and the appli14 cation of this title shall not be affected.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents of the Atomic Energy Act of 1054 (42 U.S.C. 2011 

17 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. 


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‘‘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. 

‘‘Sec. 3113. Working Capital Account. 

‘‘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 of facilities. 

‘‘Sec. 3208. Price-Anderson coverage. 

‘‘Sec. 3209. References. 

‘‘Sec. 3210. Severability.’’. 

Æ 


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