II 

111TH CONGRESS 

2D SESSION S. 3618 

To further enable a nuclear renaissance in the United States to improve 

energy security, reduce future pollution and greenhouse gas emissions, 

provide large, reliable sources of electricity, and create thousands of 

high-quality jobs for the citizens of the United States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2010 

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

referred to the Committee on Finance 

A BILL 

To further enable a nuclear renaissance in the United States 

to improve energy security, reduce future pollution and 

greenhouse gas emissions, provide large, reliable sources 

of electricity, and create thousands of high-quality jobs 

for the citizens of the United States, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Enabling the Nuclear Renaissance Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—DECLARATION OF NUCLEAR ENERGY AS CLEAN 

ENERGY 

Sec. 101. Declaration of nuclear energy as clean energy. 

TITLE II—FINANCING NEW NUCLEAR PLANT DEVELOPMENT 

Sec. 201. 5-year accelerated depreciation period for new nuclear power plants. 

Sec. 202. Construction tax credit for nuclear power facilities. 

Sec. 203. Inclusion of nuclear power facilities in advanced energy project tax 

credits. 

Sec. 204. Modification of credit for production from advanced nuclear power facilities. 

Sec. 205. Treatment of qualified public entities with respect to private activity 

bonds. 

Sec. 206. Grants for qualified nuclear power facility expenditures in lieu of tax 

credits. 

Sec. 207. ASME nuclear certification credit. 

Sec. 208. Title 17 innovative technology loan guarantee program. 

TITLE III—ACCELERATING THE DEVELOPMENT OF SMALL 

MODULAR REACTORS 

Sec. 301. Small modular reactor development and licensing. 

TITLE IV—IMPROVING THE LICENSING PROCESS 

Sec. 401. Elimination of mandatory hearing for uncontested license applications. 

Sec. 402. Waste confidence. 

Sec. 403. Environmental reviews for nuclear energy projects. 

TITLE V—DEVELOPING THE NUCLEAR WORKFORCE 

Sec. 501. Training the next generation nuclear workforce. 

TITLE VI—DEVELOPING INFRASTRUCTURE 

Sec. 601. Definitions. 

Sec. 602. National nuclear energy council. 

Sec. 603. Energy park initiative. 

Sec. 604. Advisory committee on energy park development. 

Sec. 605. ‘N’ prize program authority. 

TITLE VII—ENHANCING REGULATORY AUTHORITY 

Sec. 701. Continuation of service. 

Sec. 702. Enhanced fingerprinting requirements. 

TITLE VIII—MANAGEMENT OF USED NUCLEAR FUEL 

Sec. 801. United States Nuclear Fuel Management Corporation. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) nuclear energy provides— 

4 (A) approximately 19 percent of the elec5 tricity of the United States; and 

6 (B) approximately 70 percent of the car7 bon-dioxide free electricity of the United States; 

8 (2) nuclear energy has the lowest land-use re9 quirements per megawatt of any electricity gener10 ating source; 

11 (3) the majority of the 104 operating reactors 

12 located in the United States were constructed during 

13 the 20-year time period beginning in 1970; 

14 (4) the operating performance of nuclear plants 

15 has improved significantly since the nuclear plants 

16 were constructed so that, as of the date of enact17 ment of this Act, the nuclear plants of the United 

18 States provide reliable power for over 90 percent of 

19 the time; and 

20 (5) a broader deployment of nuclear energy, in21 cluding the development of new modular reactors, 

22 would greatly improve the ability of the United 

23 States— 

24 (A) to reduce emissions; 

25 (B) to provide reliable, baseload electricity; 

26 (C) to create good quality jobs; 


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1 (D) to promote energy security; and 

2 (E) to attain global leadership in nuclear 

3 power. 

4 TITLE I—DECLARATION OF NU5 CLEAR ENERGY AS CLEAN EN6 ERGY 

7 SEC. 101. DECLARATION OF NUCLEAR ENERGY AS CLEAN 

8 ENERGY. 

9 For purposes of Federal law, it is the sense of Con10 gress that— 

11 (1) nuclear energy shall be considered to be 

12 clean energy; 

13 (2) any provision of Federal law relating to 

14 clean energy shall be considered to include nuclear 

15 energy as a form of clean energy; and 

16 (3) nuclear energy is a renewable-equivalent for 

17 purposes of a renewable energy standard. 

18 TITLE II—FINANCING NEW NU19 CLEAR PLANT DEVELOPMENT 

20 SEC. 201. 5-YEAR ACCELERATED DEPRECIATION PERIOD 

21 FOR NEW NUCLEAR POWER PLANTS. 

22 (a) IN GENERAL.—Subparagraph (B) of section 

23 168(e)(3) of the Internal Revenue Code of 1986 is amend24 ed by striking ‘‘and’’ at the end of clause (vi)(III), by 

25 striking the period at the end of clause (vii) and inserting 


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1 ‘‘, and’’, and by inserting after clause (vii) the following 

2 new clause: 

3 ‘‘(viii) any tangible property (not in4 cluding a building or its structural compo5 nents) which is used in the manufacturing 

6 of, or as an integral part of, an advanced 

7 nuclear power facility (as defined in section 

8 45J(d)(l), determined without regard to 

9 subparagraph (B) thereof) the original use 

10 of which commences with the taxpayer 

11 after the date of the enactment of this 

12 clause.’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 168(e)(3)(E)(vii) of the Internal Revenue Code of 1986 

15 is amended by inserting ‘‘and not described in subpara16 graph (B)(viii) of this paragraph’’ after ‘‘section 

17 1245(a)(3)’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to property placed in service after 

20 the date of the enactment of this Act. 

21 SEC. 202. CONSTRUCTION TAX CREDIT FOR NUCLEAR 

22 POWER FACILITIES. 

23 (a) NEW CREDIT FOR NUCLEAR POWER FACILI24 TIES.—Section 46 of the Internal Revenue Code of 1986 

25 is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (5); 

3 (2) by striking the period at the end of para4 graph (6) and inserting ‘‘; and’’; and 

5 (3) by inserting after paragraph (5) the fol6 lowing new paragraph: 

7 ‘‘(7) the nuclear power facility construction 

8 credit.’’. 

9 (b) NUCLEAR POWER FACILITY CONSTRUCTION

10 CREDIT.—Subpart E of part IV of subchapter A of chap11 ter 1 of the Internal Revenue Code of 1986 is amended 

12 by inserting after section 48D the following new section: 

13 ‘‘SEC. 48E. NUCLEAR POWER FACILITY CONSTRUCTION 

14 CREDIT. 

15 ‘‘(a) IN GENERAL.—For purposes of section 46, the 

16 nuclear power facility construction credit for any taxable 

17 year is 10 percent of the qualified nuclear power facility 

18 expenditures with respect to a qualified nuclear power fa19 cility. 

20 ‘‘(b) WHEN EXPENDITURES TAKEN INTO AC21 COUNT.— 

22 ‘‘(1) IN GENERAL.—Qualified nuclear power fa23 cility expenditures shall be taken into account for 

24 the taxable year in which the qualified nuclear power 

25 facility is placed in service. 


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1 ‘‘(2) COORDINATION WITH SUBSECTION (c).— 

2 The amount which would (but for this paragraph) be 

3 taken into account under paragraph (1) with respect 

4 to any qualified nuclear power facility shall be re5 duced (but not below zero) by any amount of quali6 fied nuclear power facility expenditures taken into 

7 account under subsection (c) by the taxpayer or a 

8 predecessor of the taxpayer, to the extent any 

9 amount so taken into account under subsection (c) 

10 has not been required to be recaptured under section 

11 50(a). 

12 ‘‘(c) PROGRESS EXPENDITURES.— 

13 ‘‘(1) IN GENERAL.—A taxpayer may elect to 

14 take into account qualified nuclear power facility ex15 penditures— 

16 ‘‘(A) in the case of a qualified nuclear 

17 power facility which is a self-constructed facil18 ity, no earlier than the taxable year for which 

19 such expenditures are properly chargeable to 

20 capital account with respect to such facility; 

21 and 

22 ‘‘(B) in the case of a qualified nuclear fa23 cility which is not self-constructed property, no 

24 earlier than the taxable year in which such ex25 penditures are paid. 


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1 ‘‘(2) SPECIAL RULES FOR APPLYING PARA2 GRAPH (1).—For purposes of paragraph (1)— 

3 ‘‘(A) COMPONENT PARTS, ETC.—Notwith4 standing that a qualified nuclear power facility 

5 is a self-constructed facility, property described 

6 in paragraph (3)(B) shall be taken into account 

7 in accordance with paragraph (1)(B), and such 

8 amounts shall not be included in determining 

9 qualified nuclear power facility expenditures 

10 under paragraph (1)(A). 

11 ‘‘(B) CERTAIN BORROWING DIS12 REGARDED.—Any amount borrowed directly or 

13 indirectly by the taxpayer on a nonrecourse 

14 basis from the person constructing the facility 

15 for the taxpayer shall not be treated as an 

16 amount expended for such facility. 

17 ‘‘(C) LIMITATION FOR FACILITIES OR COM18 PONENTS WHICH ARE NOT SELF-CON19 STRUCTED.— 

20 ‘‘(i) IN GENERAL.—In the case of a 

21 facility or a component of a facility which 

22 is not self-constructed, the amount taken 

23 into account under paragraph (1)(B) for 

24 any taxable year shall not exceed the ex25 cess of— 


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1 ‘‘(I) the product of the overall 

2 cost to the taxpayer of the facility or 

3 component of a facility, multiplied by 

4 the percentage of completion of the 

5 facility or component of a facility; 

6 over 

7 ‘‘(II) the amount taken into ac8 count under paragraph (1)(B) for all 

9 prior taxable years as to such facility 

10 or component of a facility. 

11 ‘‘(ii) CARRYOVER OF CERTAIN

12 AMOUNTS.—In the case of a facility or 

13 component of a facility which is not self14 constructed, if for the taxable year the 

15 amount which (but for clause (i)) would 

16 have been taken into account under para17 graph (1)(B) exceeds the amount allowed 

18 by clause (i), then the amount of such ex19 cess shall increase the amount taken into 

20 account under paragraph (1)(B) for the 

21 succeeding taxable year without regard to 

22 this paragraph. 

23 ‘‘(D) DETERMINATION OF PERCENTAGE OF

24 COMPLETION.—The determination under sub25 paragraph (C) of the portion of the overall cost 


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1 to the taxpayer of the construction which is 

2 properly attributable to construction completed 

3 during any taxable year shall be made on the 

4 basis of engineering or architectural estimates 

5 or on the basis of cost accounting records, 

6 using information available at the close of the 

7 taxable year in which the credit is being 

8 claimed. 

9 ‘‘(E) DETERMINATION OF OVERALL

10 COST.—The determination under subparagraph 

11 (C) of the overall cost to the taxpayer of the 

12 construction of a facility shall be made on the 

13 basis of engineering or architectural estimates 

14 or on the basis of cost accounting records, 

15 using information available at the close of the 

16 taxable year in which the credit is being 

17 claimed. 

18 ‘‘(F) NO PROGRESS EXPENDITURES FOR

19 PROPERTY FOR YEAR PLACED IN SERVICE, 

20 ETC.—In the case of any qualified nuclear facil21 ity, no qualified nuclear facility expenditures 

22 shall be taken into account under this sub23 section for the earlier of— 

24 ‘‘(i) the taxable year in which the fa25 cility is placed in service; or 


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1 ‘‘(ii) the first taxable year for which 

2 recapture is required under section 

3 50(a)(2) with respect to such facility or for 

4 any taxable year thereafter. 

5 ‘‘(3) SELF-CONSTRUCTED.—For purposes of 

6 this subsection— 

7 ‘‘(A) IN GENERAL.—The term ‘self-con8 structed facility’ means any facility if, at the 

9 close of the first taxable year to which the elec10 tion in this subsection applies, it is reasonable 

11 to believe that more than 80 percent of the 

12 qualified nuclear facility expenditures for such 

13 facility will be made directly by the taxpayer. 

14 ‘‘(B) TREATMENT OF COMPONENTS.—A 

15 component of a facility shall be treated as not 

16 self-constructed if, at the close of the first tax17 able year in which expenditures for the compo18 nent are paid, it is reasonable to believe that 

19 the cost of the component is at least 5 percent 

20 of the expected cost of the facility. 

21 ‘‘(4) ELECTION.—An election shall be made 

22 under this subsection for a qualified nuclear power 

23 facility by claiming the nuclear power facility con24 struction credit for expenditures described in para25 graph (1) on the taxpayer’s return of the tax imVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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1 posed by this chapter for the taxable year. Such an 

2 election shall apply to the taxable year for which 

3 made and all subsequent taxable years. Such an 

4 election, once made, may be revoked only with the 

5 consent of the Secretary. 

6 ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For pur7 poses of this section— 

8 ‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.— 

9 The term ‘qualified nuclear power facility’ means an 

10 advanced nuclear facility (as defined in section 

11 45J(d)(2)) which— 

12 ‘‘(A) is placed in service before January 1, 

13 2030; and 

14 ‘‘(B) when placed in service, will use nu15 clear power to produce electricity. 

16 Such term shall not include any property which is 

17 part of a facility the production from which is al18 lowed as a credit under section 45J for the taxable 

19 year or any subsequent taxable year. 

20 ‘‘(2) QUALIFIED NUCLEAR POWER FACILITY

21 EXPENDITURES.—The term ‘qualified nuclear power 

22 facility expenditures’ means any amount paid, ac23 crued, or properly chargeable to capital account— 

24 ‘‘(A) with respect to a qualified nuclear 

25 power facility; 


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1 ‘‘(B) for which depreciation will be allow2 able under section 168 once the facility is 

3 placed in service; and 

4 ‘‘(C) which is incurred before the qualified 

5 nuclear power facility is placed in service or in 

6 connection with the placement of such facility 

7 in service. 

8 ‘‘(3) DELAYS AND SUSPENSION OF CONSTRUC9 TION.— 

10 ‘‘(A) IN GENERAL.—Except for sales or 

11 dispositions between members of the same af12 filiated group, for purposes of applying this sec13 tion and section 50, a nuclear power facility 

14 that is under construction shall cease, with re15 spect to the taxpayer, to be a qualified nuclear 

16 power facility as of the date on which the tax17 payer sells, disposes of, or cancels, abandons, or 

18 otherwise terminates the construction of, the fa19 cility. 

20 ‘‘(B) RESUMPTION OF CONSTRUCTION.—If 

21 a nuclear power facility that is under construc22 tion ceases, with respect to the taxpayer, to be 

23 a qualified nuclear power facility by reason of 

24 subparagraph (A) and work is subsequently re25 sumed on the construction of such facility, the 


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1 qualified nuclear power facility expenditures 

2 shall be determined without regard to any delay 

3 or temporary termination of construction of the 

4 facility. 

5 ‘‘(4) COORDINATION WITH COST-SHARING.— 

6 The amount of qualified nuclear expenditures of a 

7 taxpayer shall be reduced by any amount received 

8 under section 952(c)(3) of the Energy Policy Act of 

9 2005. 

10 ‘‘(e) APPLICATION OF OTHER RULES.—Rules similar 

11 to the rules of subsections (c)(4) and (d) of section 46 

12 (as in effect on the day before the enactment of the Rev13 enue Reconciliation Act of 1990) shall apply for purposes 

14 of this section to the extent not inconsistent herewith. 

15 ‘‘(f) ELECTION TO HAVE CREDIT NOT APPLY.— 

16 ‘‘(1) IN GENERAL.—A taxpayer may elect to 

17 have this section not apply for any taxable year. 

18 ‘‘(2) TIME AND MANNER FOR MAKING ELEC19 TION.—Rules similar to the rules of section 43(e) 

20 shall apply for purposes of this subsection.’’. 

21 (c) SPECIAL RULE FOR BASIS ADJUSTMENT.—Para22 graph (3) of section 50(c) of the Internal Revenue Code 

23 of 1986 is amended by inserting ‘‘or nuclear power facility 

24 construction credit’’ after ‘‘energy credit’’. 


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1 (d) PROVISIONS RELATING TO CREDIT RECAP2 TURE.— 

3 (1) PROGRESS EXPENDITURE RECAPTURE

4 RULES.— 

5 (A) BASIC RULES.—Subparagraph (A) of 

6 section 50(a)(2) of the Internal Revenue Code 

7 of 1986 is amended to read as follows: 

8 ‘‘(A) IN GENERAL.—If during any taxable 

9 year any building to which section 47(d) applied 

10 or any facility to which section 48E(c) applied 

11 ceases (by reason of sale or other disposition, 

12 cancellation or abandonment of contract, or 

13 otherwise) to be, with respect to the taxpayer, 

14 property which, when placed in service, will be 

15 a qualified rehabilitated building or a qualified 

16 nuclear power facility, then the tax under this 

17 chapter for such taxable year shall be increased 

18 by an amount equal to the aggregate decrease 

19 in the credits allowed under section 38 for all 

20 prior taxable years which would have resulted 

21 solely from reducing to zero the credit deter22 mined under this subpart with respect to such 

23 building or facility.’’. 


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1 (B) AMENDMENT TO EXCESS CREDIT RE2 CAPTURE RULE.—Subparagraph (B) of section 

3 50(a)(2) of such Code is amended by— 

4 (i) inserting ‘‘or paragraph (2) of sec5 tion 48E(b)’’ after ‘‘paragraph (2) of sec6 tion 47(b)’’; (ii) inserting ‘‘or section 

7 48E(b)(1)’’ after ‘‘section 47(b)(1)’’; and 

8 (iii) inserting ‘‘or facility’’ after ‘‘build9 ing’’. 

10 (C) AMENDMENT OF SALE AND LEASE11 BACK RULE.—Subparagraph (C) of section 

12 50(a)(2) of such Code is amended by inserting 

13 ‘‘or the qualified nuclear power facility expendi14 tures under section 48E(c)’’ after ‘‘47(d)’’. 

15 (D) COORDINATION.—Subparagraph (D) 

16 of section 50(a)(2) of such Code is amended by 

17 inserting ‘‘or 48E(c)’’ after ‘‘section 47(d)’’. 

18 (e) APPLICATION OF AT-RISK RULES.—Subpara19 graph (C) of section 49(a)(1) of the Internal Revenue 

20 Code of 1986 is amended— 

21 (1) by striking ‘‘and’’ at the end of clause (v); 

22 (2) by striking the period at the end of clause 

23 (vi) and inserting ‘‘, and’’; and 

24 (3) by inserting after clause (vi) the following 

25 2 new clause: 


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1 ‘‘(vii) the basis of any property which 

2 is part of a qualified nuclear power facility 

3 under section 48E.’’. 

4 (f) DENIAL OF DOUBLE BENEFIT.—Subsection (c) 

5 of section 45J of the Internal Revenue Code of 1986 (re6 lating to other limitations) is amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(3) DENIAL OF DOUBLE BENEFIT.—No credit 

9 shall be allowed under this section with respect to 

10 any facility for which a credit is allowed under sec11 tion 48E for such taxable year or any prior taxable 

12 year.’’. 

13 (g) TREATMENT UNDER ALTERNATIVE MINIMUM

14 TAX.—Section 38(c)(4)(B) of the Internal Revenue Code 

15 of 1986 is amended by striking ‘‘ ‘and’ ’’ at the end of 

16 clause (viii), by redesignating clause (ix) as clause (x), and 

17 by inserting after clause (viii) the following new clause: 

18 ‘‘(ix) the credit determined under sec19 tion 46 to the extent that such credit is at20 tributable to the nuclear power facility con21 struction credit under section 48E, and’’. 

22 (h) COORDINATION WITH NUCLEAR POWER

23 GRANTS.—Section 501(c)(12) of the Internal Revenue 

24 Code of 1986 is amended by adding at the end the fol25 lowing new subparagraph: 


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1 ‘‘(J) In the case of a mutual or cooperative 

2 electric company described in this paragraph or 

3 an organization described in section 

4 1381(a)(2)(C), subparagraph (A) shall be ap5 plied without taking into account any grant re6 ceived under section 206 of the Enabling the 

7 Nuclear Renaissance Act.’’. 

8 (i) CONFORMING AMENDMENTS.— 

9 (1) Section 6501(m) of the Internal Revenue 

10 Code of 1986 is amended by inserting ‘‘48E(f),’’ 

11 after ‘‘45H(g),’’. 

12 (2) The table of sections for subpart E of part 

13 IV of subchapter A of chapter 1 of such Code is 

14 amended by inserting after the item relating to sec15 tion 48D the following new item: 

‘‘Sec. 48E. Nuclear power facility construction credit.’’. 

16 (j) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to periods after the date of enact18 ment of this Act, under rules similar to the rules of section 

19 48(m) of the Internal Revenue Code of 1986 (as in effect 

20 on the day before the date of the enactment of the Rev21 enue Reconciliation Act of 1990). 

22 SEC. 203. INCLUSION OF NUCLEAR POWER FACILITIES IN 

23 ADVANCED ENERGY PROJECT TAX CREDITS. 

24 (a) IN GENERAL.—Clause (i) of section 48C(c)(1)(A) 

25 of the Internal Revenue Code of 1986 is amended by strikVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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1 ing ‘‘or’’ at the end of subclause (VI), by redesignating 

2 subclause (VIII) as subclause (IX) , and by inserting after 

3 subclause (VI) the following new subclause: 

4 ‘‘(VII) property designed to be 

5 used to produce energy from an ad6 vanced nuclear power facility (as de7 fined in section 45J(d)), and’’. 

8 (b) INCREASE IN CREDIT ALLOCATION LIMITA9 TION.—Subparagraph (B) of section 48C(d)(l) of the In10 ternal Revenue Code of 1986 is amended by striking 

11 ‘‘$2,300,000,000’’ and inserting ‘‘$7,300,000,000’’. 

12 (c) EXTENSION OF APPLICATION PERIOD.—Subpara13 graph (A) of section 48C(d)(2) of the Internal Revenue 

14 Code of 1986 is amended by striking ‘‘2-year period’’ and 

15 inserting ‘‘5-year period’’. 

16 (d) EXTENSION OF PERIOD OF ISSUANCE.—Subpara17 graph (C) of section 48C(d)(2) of the Internal Revenue 

18 Code of 1986 is amended by striking ‘‘3 years’’ and insert19 ing ‘‘7 years’’. 

20 (e) COORDINATION WITH COST-SHARING.—Section 

21 48C of the Internal Revenue Code of 1986 is amended 

22 by adding at the end the following new subsection: 

23 ‘‘(f) COORDINATION WITH COST-SHARING.—The 

24 qualified investment with respect to any project described 

25 in subsection (c)(1)(A)(i)(VII) shall be reduced by any 


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1 amount received under section 952(c)(3) of the Energy 

2 Policy Act of 2005.’’. 

3 (f) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to property placed in service after 

5 the date of the enactment of this Act. 

6 SEC. 204. MODIFICATION OF CREDIT FOR PRODUCTION 

7 FROM ADVANCED NUCLEAR POWER FACILI8 TIES. 

9 (a) INCREASE IN NATIONAL LIMITATION.—Para10 graph (2) of section 45J(b) of the Internal Revenue Code 

11 (relating to national limitation) is amended by striking 

12 ‘‘6,000 megawatts’’ and inserting ‘‘8,000 megawatts’’. 

13 (b) REPEAL OF OWNERSHIP RESTRICTION.—Sub14 paragraph (A) of section 45J(d)(1) of the Internal Rev15 enue Code of 1986 is amended by striking ‘‘which is owned 

16 by the taxpayer and’’. 

17 (c) TREATMENT UNDER ALTERNATIVE MINIMUM

18 TAX.—Section 38(c)(4)(B) of the Internal Revenue Code 

19 of 1986, as amended by section 202, is amended by redes20 ignating clauses (vi) through (x) as clauses (vii) through 

21 (xi), respectively, and by inserting after clause (v) the fol22 lowing new clause: 

23 ‘‘(vi) the credit determined under sec24 tion 45J,’’. 


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1 (d) ALLOCATION OF CREDIT TO PRIVATE PARTNERS

2 OF TAX-EXEMPT ENTITIES.— 

3 (1) IN GENERAL.—Section 45J of the Internal 

4 Revenue Code of 1986 (relating to credit for produc5 tion from advanced nuclear power facilities) is 

6 amended— 

7 (A) by redesignating subsection (e) as sub8 section (f); and 

9 (B) by inserting after subsection (d) the 

10 following new subsection: 

11 ‘‘(e) SPECIAL RULE FOR PUBLIC-PRIVATE PARTNER12 SHIPS.— 

13 ‘‘(1) IN GENERAL.—In the case of an advanced 

14 nuclear power facility which is owned by a public 

15 private partnership or co-owned by a qualified public 

16 entity and a non-public entity, any qualified public 

17 entity which is a member of such partnership or a 

18 co-owner of such facility may transfer such entity’s 

19 allocation of the credit under subsection (a) to any 

20 non-public entity which is a member of such part21 nership or which is a co-owner of such facility, ex22 cept that the aggregate allocations of such credit 

23 claimed by such non-public entity shall be subject to 

24 the limitations under subsections (b) and (c) and 

25 section 38. 


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1 ‘‘(2) QUALIFIED PUBLIC ENTITY.—For pur2 poses of this subsection, the term ‘qualified public 

3 entity’ means— 

4 ‘‘(A) a Federal, State, or local government 

5 entity, or any political subdivision or agency or 

6 instrumentality thereof; 

7 ‘‘(B) a mutual or cooperative electric com8 pany described in section 501(c)(12) or section 

9 1381(a)(2); or 

10 ‘‘(C) a not-for-profit electric utility which 

11 has or had received a loan or loan guarantee 

12 under the Rural Electrification Act of 1936. 

13 ‘‘(3) VERIFICATION OF TRANSFER OF ALLOCA14 TION.—A qualified public entity that makes a trans15 fer under paragraph (1), and a nonpublic entity that 

16 receives an allocation under such a transfer, shall 

17 provide verification of such transfer in such manner 

18 and at such time as the Secretary shall prescribe. 

19 ‘‘(4) COORDINATION WITH DEPARTMENT OF

20 TREASURY GRANTS.—In the case of any property 

21 with respect to which the Secretary makes a grant 

22 to a qualified public entity under section 206 of the 

23 Enabling the Nuclear Renaissance Act, no credit 

24 that would be allocable to a qualified public entity 

25 shall be determined under this section for the taxVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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1 able year in which such grant is made or any subse2 quent taxable year. 

3 ‘‘(5) COORDINATION WITH GENERAL BUSINESS

4 CREDIT.—Subsection (c) of section 38 of such Code 

5 (relating to limitation based on amount of tax) is 

6 amended by adding at the end the following new 

7 paragraph: 

8 ‘‘(6) SPECIAL RULE FOR CREDIT FOR PRODUC9 TION FROM ADVANCED NUCLEAR POWER FACILI10 TIES.— 

11 ‘‘(A) IN GENERAL.—In the case of the 

12 credit for production from advanced nuclear 

13 power facilities determined under section 

14 45J(a), paragraph (1) shall not apply with re15 spect to any qualified public entity (as defined 

16 in section 45J(e)(2)) which transfers the enti17 ty’s allocation of such credit to a non-public 

18 partner or a co-owner of such facility as pro19 vided in section 45J(e)(1). 

20 ‘‘(B) VERIFICATION OF TRANSFER.—Sub21 paragraph (A) shall not apply to any qualified 

22 public entity unless such entity provides 

23 verification of a transfer of credit allocation as 

24 required under section 45J(e)(3). 


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1 ‘‘(7) SPECIAL RULE FOR PROCEEDS OF TRANS2 FERS FOR MUTUAL OR COOPERATIVE ELECTRIC

3 COMPANIES.—Section 501(c)(12) of such Code is 

4 amended by adding at the end the following new 

5 subparagraph: 

6 ‘‘(A) In the case of a mutual or coopera7 tive electric company described in this para8 graph or an organization described in section 

9 1381(a)(2), income received or accrued from a 

10 transfer described in section 45J(e)(1) shall be 

11 treated as an amount collected from members 

12 for the sole purpose of meeting losses and ex13 penses.’’. 

14 (e) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—The amendments made by 

16 subsections (a) and (b) shall apply to electricity pro17 duced in taxable years beginning after the date of 

18 the enactment of this Act. 

19 (2) TREATMENT UNDER ALTERNATIVE MIN20 IMUM TAX.—The amendments made by subsection 

21 (c) shall apply to credits determined under section 

22 45J of the Internal Revenue Code of 1986 in taxable 

23 years ending after the date of the enactment of this 

24 Act and to carrybacks of such credits. 


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1 (3) ALLOCATION OF CREDIT.—The amend2 ments made by subsection (d) shall apply to taxable 

3 years beginning after the date of the enactment of 

4 this Act. 

5 SEC. 205. TREATMENT OF QUALIFIED PUBLIC ENTITIES 

6 WITH RESPECT TO PRIVATE ACTIVITY 

7 BONDS. 

8 (a) PRIVATE BUSINESS TEST.—Section 141(b)(6)(A) 

9 of the Internal Revenue Code of 1986 is amended by in10 serting ‘‘or qualified public entity (as defined in section 

11 45J(e)(2))’’ adding at the end the following new subpara12 graph: 

13 ‘‘(C) EXCEPTION FOR CERTAIN USES BY

14 QUALIFIED PUBLIC ENTITIES.—For purposes of 

15 subparagraph (A), the term ‘private business 

16 use’ shall not include any use with respect to a 

17 qualified nuclear power facility (as defined 

18 under section 48E(d)(1) without regard to the 

19 last sentence thereof) by a qualified public enti20 ty (as defined in section 45J(e)(2)).’’. 

21 (b) PRIVATE LOAN FINANCING TEST.—Section 

22 141(c) of the Internal Revenue Code of 1986 is amended 

23 by adding at the end the following new paragraph: 

24 ‘‘(3) EXCEPTION FOR QUALIFIED PUBLIC ENTI25 TIES.—For purposes of paragraph (1), in the case of 


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1 any loan to a qualified public entity (as defined in 

2 section 45J(e)(2)), any amounts to be used for 

3 qualified nuclear power facilities (as defined under 

4 section 48E(d)(1) without regard to the last sen5 tence thereof) shall be not be taken into account.’’. 

6 (c) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to obligations issued after the date 

8 of the enactment of this Act. 

9 SEC. 206. GRANTS FOR QUALIFIED NUCLEAR POWER FACIL10 ITY EXPENDITURES IN LIEU OF TAX CREDITS. 

11 (a) IN GENERAL.—Upon application, the Secretary 

12 of the Treasury shall, subject to the requirements of this 

13 section, provide a grant to each qualified public entity 

14 which places in service a qualified nuclear power facility 

15 to reimburse such qualified public entity for a portion of 

16 the qualified nuclear power facility expenditures of such 

17 property as provided in subsection (b). 

18 (b) GRANT AMOUNT.—The amount of the grant 

19 under subsection (a) with respect to a qualified nuclear 

20 power facility shall be 10 percent of the qualified nuclear 

21 power facility expenditures. 

22 (c) TIME FOR PAYMENT OF GRANT.—The Secretary 

23 of the Treasury shall make payment of any grant under 

24 subsection (a) during the 60-day period beginning on the 

25 later of— 


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1 (1) the date of the application for such grant; 

2 or 

3 (2) the date the qualified nuclear power facility 

4 for which the grant is being made is placed in serv5 ice. 

6 (d) QUALIFIED PUBLIC ENTITY.—For purposes of 

7 this section, the term ‘‘qualified public entity’’ shall have 

8 the meaning given such term in section 45J(e)(2) of the 

9 Internal Revenue Code of 1986. 

10 (e) COORDINATION WITH SECTION 48E.—For pur11 poses of this section— 

12 (1) the definition of qualified nuclear power fa13 cility in section 48E(d)(1) of the Internal Revenue 

14 Code of 1986 shall be applied without regard to the 

15 last sentence thereof; and 

16 (2) expenditures will be treated as qualified nu17 clear power facility expenditures without regard to 

18 section 48E(d)(2)(B) of such Code. 

19 (f) COORDINATION WITH COST-SHARING.—The 

20 amount of qualified nuclear expenditures which are eligible 

21 for a grant under subsection (a) shall be reduced by any 

22 amount received under section 952(c)(3) of the Energy 

23 Policy Act of 2005. 

24 (g) APPLICATION OF CERTAIN RULES.—In making 

25 grants under this section, the Secretary of the Treasury 


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1 shall apply rules similar to the rules of section 50 of the 

2 Internal Revenue Code of 1986. In applying such rules, 

3 if the property is disposed of, or otherwise ceases to be 

4 a qualified nuclear power facility, the Secretary of the 

5 Treasury shall provide for the recapture of the appropriate 

6 percentage of the grant amount in such manner as the 

7 Secretary of the Treasury determines appropriate. In ap8 plying section 50 of the Internal Revenue Code of 1986, 

9 subsection (b)(4)(A)(i) of such section shall not apply. 

10 (h) DEFINITIONS.—Terms used in this section which 

11 are also used in section 48E of the Internal Revenue Code 

12 of 1986 shall have the same meaning for purposes of this 

13 section as when used in such section 48E. Any reference 

14 in this section to the Secretary of the Treasury shall be 

15 treated as including the Secretary’s delegate. 

16 (i) APPROPRIATIONS.—There is hereby appropriated 

17 to the Secretary of the Treasury such sums as may be 

18 necessary to carry out this section. 

19 (j) TERMINATION.—The Secretary of the Treasury 

20 shall not make any grant to any person under this section 

21 unless the application of such person for such grant is re22 ceived before January 1, 2030. 

23 SEC. 207. ASME NUCLEAR CERTIFICATION CREDIT. 

24 (a) IN GENERAL.—Subpart D of part IV of sub25 chapter A of chapter 1 of the Internal Revenue Code of 


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1 1986 (relating to business related credits) is amended by 

2 adding at the end the following new section: 

3 ‘‘SEC. 45S. ASME NUCLEAR CERTIFICATION CREDIT. 

4 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

5 ASME nuclear certification credit determined under this 

6 section for any taxable year is an amount equal to 15 per7 cent of the qualified nuclear expenditures paid or incurred 

8 by the taxpayer. 

9 ‘‘(b) QUALIFIED NUCLEAR EXPENDITURES.—For 

10 purposes of this section, the term ‘qualified nuclear ex11 penditures’ means any expenditure related to— 

12 ‘‘(1) obtaining a new certification under the 

13 American Society of Mechanical Engineers Nuclear 

14 Component Certification program; 

15 ‘‘(2) recertifying, changing, or otherwise up16 grading an existing certification under the American 

17 Society of Mechanical Engineers Nuclear Component 

18 Certification program; or 

19 ‘‘(3) increasing the taxpayer’s capacity to con20 struct, fabricate, assemble, or install components— 

21 ‘‘(A) for any facility which uses nuclear en22 ergy to produce electricity, and 

23 ‘‘(B) with respect to the construction, fab24 rication, assembly, or installation of which the 

25 taxpayer is certified under such program. 


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1 ‘‘(c) TIMING OF CREDIT.—The credit allowed under 

2 subsection (a) for any expenditures shall be allowed— 

3 ‘‘(1) in the case of a qualified nuclear expendi4 ture described in subsection (b)(1), for the taxable 

5 year of such certification, and 

6 ‘‘(2) in the case of any other qualified nuclear 

7 expenditure, for the taxable year in which such ex8 penditure is paid or incurred. 

9 ‘‘(d) SPECIAL RULES.— 

10 ‘‘(1) BASIS ADJUSTMENT.—For purposes of 

11 this subtitle, if a credit is allowed under this section 

12 for an expenditure, the increase in basis which would 

13 result (but for this subsection) for such expenditure 

14 shall be reduced by the amount of the credit allowed 

15 under this section. 

16 ‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc17 tion shall be allowed under this chapter for any 

18 amount taken into account in determining the credit 

19 under this section. 

20 ‘‘(3) COORDINATION WITH COST-SHARING.— 

21 The amount of qualified nuclear expenditures of a 

22 taxpayer shall be reduced by any amount received 

23 under section 952(c)(3) of the Energy Policy Act of 

24 2005. 


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1 ‘‘(e) TERMINATION.—This section shall not apply to 

2 any expenditures paid or incurred in taxable years begin3 ning after December 31, 2025.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Subsection (b) of section 38 of such Code 

6 is amended by striking ‘‘plus’’ at the end of para7 graph (35), by striking the period at the end of 

8 paragraph (36) and inserting ‘‘, plus’’, and by add9 ing at the end the following new paragraph: 

10 ‘‘(37) the ASME nuclear certification credit de11 termined under section 45S(a).’’. 

12 (2) Subsection (a) of section 1016 of such 

13 Code(relating to adjustments to basis) is amended 

14 by striking ‘‘and’’ at the end of paragraph (36), by 

15 striking the period at the end of paragraph (37) and 

16 inserting ‘‘, and’’, and by adding at the end the fol17 lowing new paragraph: 

18 ‘‘(38) to the extent provided in section 

19 45S(e)(1).’’. 

20 (3) The table of sections for subpart D of part 

21 IV of subchapter A of chapter 1 of such Code is 

22 amended by inserting after the item relating to sec23 tion 45R the following new item: 

‘‘Sec. 45S. ASME nuclear certification credit.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to expenditures paid or incurred 

3 in taxable years beginning after December 31, 2010. 

4 SEC. 208. TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUAR5 ANTEE PROGRAM. 

6 (a) FUNDING.—The matter under the heading 

7 ‘‘TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

8 PROGRAM’’ of title III of division C of the Omnibus Appro9 priations Act, 2009 (Public Law 111–8; 123 Stat. 619) 

10 is amended, in the matter preceding the first proviso— 

11 (1) by striking ‘‘$47,000,000,000’’ and insert12 ing ‘‘$100,000,000,000’’; and 

13 (2) by striking ‘‘$18,500,000,000’’ and insert14 ing ‘‘$54,000,000,000’’. 

15 (b) TERMS AND CONDITIONS.—Section 1702 of the 

16 Energy Policy Act of 2005 (42 U.S.C. 16512) is amend17 ed— 

18 (1) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU21 TION.—No guarantee shall be made unless— 

22 ‘‘(1) an appropriation for the cost has been 

23 made; 


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1 ‘‘(2) the borrower has agreed to pay the cost of 

2 the obligation pursuant to a method of payment de3 scribed in subsection (m); or 

4 ‘‘(3) a combination of an appropriation and a 

5 commitment for payment from the borrower, pursu6 ant to subsection (m), has been made that is suffi7 cient to cover the cost of the obligation.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(l) DETERMINATION OF THE COST OF THE OBLIGA10 TION.— 

11 ‘‘(1) IN GENERAL.—In the case of any proposed 

12 loan guarantee that is greater than $1,000,000,000, 

13 the Secretary shall determine the cost of the obliga14 tion on the basis of a project-specific financial risk 

15 assessment that— 

16 ‘‘(A) reflects the estimated probability of 

17 default commensurate with the credit assess18 ment performed by an independent rating agen19 cy: 

20 ‘‘(B) reflects the value of the recovery in 

21 the event of default that is estimated on the 

22 basis of the best value to the Federal Govern23 ment, reflecting a recovery plan submitted by 

24 the borrower; and 


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1 ‘‘(C) has been made available to the bor2 rower for review and comment in draft form 

3 prior to a final determination. 

4 ‘‘(2) COST OF OBLIGATION PAID BY BOR5 ROWER.—If the cost of the obligation is paid by the 

6 borrower in accordance with subsection (b)(2), the 

7 Secretary may consult with the Director of Office of 

8 Management and Budget on the estimated cost of 

9 the obligation, but the determination of the Sec10 retary shall be final. 

11 ‘‘(m) METHOD OF PAYMENT.—The borrower may 

12 provide payment for the cost of the obligation under para13 graph (2) or (3) of subsection (b) by— 

14 ‘‘(1) paying the cost of the obligation in full at 

15 the time of the initial drawdown of funds against the 

16 guaranteed obligation; 

17 ‘‘(2) including the cost of the obligation within 

18 the total principal amount of the obligation, which 

19 shall be paid in full to the Secretary at the time of 

20 the initial drawdown of funds against the guaran21 teed obligation; or 

22 ‘‘(3) providing evidence of financial assurance 

23 at the time of final approval of the guarantee finan24 cial closing to pay the cost of the obligation, in the 

25 form of a letter of credit, performance bond, or corVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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1 porate guarantee acceptable to the Secretary, with 

2 payments to the Secretary on a pro-rata basis with 

3 each drawdown of funds against the obligation. 

4 ‘‘(n) RELATION TO OTHER LAWS.—Section 504(b) of 

5 the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) 

6 shall not apply to a loan guarantee under this section. 

7 ‘‘(o) ACCELERATED REVIEWS.—To the maximum ex8 tent practicable and consistent with sound business prac9 tices, the Secretary shall seek to conduct necessary reviews 

10 concurrently of an application for a loan guarantee under 

11 this title such that decisions as to whether to enter into 

12 a commitment on the application can be issued not later 

13 than 180 days after the date of submission of a completed 

14 application.’’. 

15 (c) ELIGIBLE PROJECTS.—Section 1703(b)(4) of the 

16 Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)) is 

17 amended by inserting ‘‘(including nuclear power parts, 

18 services, and fuel suppliers, as well as small modular reac19 tors)’’ after ‘‘energy facilities’’. 


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1 TITLE III—ACCELERATING THE 

2 DEVELOPMENT OF SMALL 

3 MODULAR REACTORS 

4 SEC. 301. SMALL MODULAR REACTOR DEVELOPMENT AND 

5 LICENSING. 

6 (a) SMALL MODULAR REACTOR DESIGN DEVELOP7 MENT.—Section 952(c) of the Energy Policy Act of 2005 

8 (42 U.S.C. 16272(c)) is amended by adding at the end 

9 the following: 

10 ‘‘(3) SMALL MODULAR NUCLEAR REACTOR DE11 SIGN DEVELOPMENT.— 

12 ‘‘(A) IN GENERAL.—In carrying out the 

13 Program, in accordance with subparagraph (B), 

14 the Secretary shall offer to enter into coopera15 tive agreements with reactor manufacturers, in16 dustrial users, and electric utilities to develop 

17 and license small modular reactors with a rated 

18 capacity of less than 350 electrical megawatts 

19 that could be— 

20 ‘‘(i) preassembled separately from a 

21 site; and 

22 ‘‘(ii)(I) operated singly; or 

23 ‘‘(II) operated in combination with 

24 similar reactors at a single site. 


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1 ‘‘(B) REQUIREMENTS.—In carrying out 

2 subparagraph (A), the Secretary shall— 

3 ‘‘(i) after considering input from the 

4 National Nuclear Energy Council estab5 lished under section 602(a) of the Ena6 bling the Nuclear Renaissance Act regard7 ing the merits of various designs, ensure 

8 that the most feasible designs are devel9 oped and submitted to the Nuclear Regu10 latory Commission for design certification 

11 and licensing; 

12 ‘‘(ii) with respect to each reactor de13 sign to be developed, pay to the applicants 

14 50 percent of any costs arising from the 

15 design development and engineering, 

16 preapplication design certification and 

17 early site permit development and licens18 ing, design and licensing reviews, design 

19 certification and licensing fees of the Nu20 clear Regulatory Commission, and 

21 postapplication engineering development 

22 of— 

23 ‘‘(I) the design certification of 

24 the reactor; 


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1 ‘‘(II) the first early site permits 

2 for the reactor; and 

3 ‘‘(III) the first combined oper4 ating license for the reactor; and 

5 ‘‘(iii) with respect to each reactor de6 sign that receives a combined license, pay 

7 to the combined license holder 50 percent 

8 of any costs arising from construction of 

9 the first reactor plant. 

10 ‘‘(C) PROGRAMS.—The Secretary shall 

11 carry out— 

12 ‘‘(i) a program— 

13 ‘‘(I) to develop designs for sev14 eral small modular reactors; and 

15 ‘‘(II) through which to obtain a 

16 design certification from the Nuclear 

17 Regulatory Commission for not less 

18 than 1 design by January 1, 2016; 

19 ‘‘(ii) a program— 

20 ‘‘(I) to demonstrate the licensing 

21 of small modular reactors by devel22 oping applications for a combined li23 cense for each design certified under 

24 clause (i)(II); and 


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1 ‘‘(II) through which to obtain a 

2 combined license from the Nuclear 

3 Regulatory Commission for not less 

4 than 1 design certified under clause 

5 (i)(II) by January 1, 2018; and 

6 ‘‘(iii) a program to demonstrate by 

7 January 1, 2021, the construction and op8 eration of small modular reactors by con9 structing and achieving power operation of 

10 not less than 1 small modular reactor li11 censed under clause (ii)(II). 

12 ‘‘(D) TARGET DATES FOR COMPLETION.— 

13 ‘‘(i) IN GENERAL.—To the maximum 

14 extent practicable, and through the best ef15 forts of the Secretary, the Secretary shall 

16 ensure that the Program meets the appli17 cable target dates described in subpara18 graph (C). 

19 ‘‘(ii) REPORT.—If the Secretary de20 termines that any target date described in 

21 subparagraph (C) will not be met, the Sec22 retary shall submit to the appropriate com23 mittees of Congress a report that estab24 lishes an alternate target date for comple25 tion. 


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1 ‘‘(E) MERIT REVIEW OF PROPOSALS.—The 

2 Secretary shall select proposals for cooperative 

3 agreements under this paragraph— 

4 ‘‘(i) through the use of competitive 

5 procedures; and 

6 ‘‘(ii) on the basis of an impartial re7 view of the merit of the proposals that 

8 takes into account— 

9 ‘‘(I) the safety, demonstrated and 

10 potential market demand, technical 

11 merit and feasibility, efficiency, cost, 

12 used fuel disposal, and proliferation 

13 resistance of each competing reactor 

14 designs; and 

15 ‘‘(II) input from the National 

16 Nuclear Energy Council established 

17 under section 602(a) of the Enabling 

18 the Nuclear Renaissance Act. 

19 ‘‘(F) AUTHORIZATION OF APPROPRIA20 TIONS.— 

21 ‘‘(i) DEPARTMENT OF ENERGY.— 

22 There is authorized to be appropriated to 

23 the Secretary to carry out this paragraph 

24 $100,000,000 for each of fiscal years 2011 


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1 through 2020, to remain available until ex2 pended. 

3 ‘‘(ii) NUCLEAR REGULATORY COMMIS4 SION.—There are authorized to be appro5 priated to the Nuclear Regulatory Commis6 sion to carry out this section such sums as 

7 are necessary.’’. 

8 TITLE IV—IMPROVING THE 

9 LICENSING PROCESS 

10 SEC. 401. ELIMINATION OF MANDATORY HEARING FOR 

11 UNCONTESTED LICENSE APPLICATIONS. 

12 (a) PERMITS AND LICENSES.—Section 185 b. of the 

13 Atomic Energy Act of 1954 (42 U.S.C. 2235 b.) is amend14 ed in the first sentence— 

15 (1) by striking ‘‘public hearing’’ and inserting 

16 ‘‘hearing’’; and 

17 (2) by inserting ‘‘or if the Commission has de18 termined that no hearing is required to be held 

19 under that section,’’ after ‘‘section 189 a. (1)(A),’’. 

20 (b) HEARINGS AND JUDICIAL REVIEW.—Section 189 

21 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) is 

22 amended— 

23 (1) in subsection a.— 

24 (A) in paragraph (1)(A)— 

25 (i) in the second sentence— 


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1 (I) by striking ‘‘The Commis2 sion’’ and all that follows through 

3 ‘‘Federal Register, on’’ and inserting 

4 ‘‘On’’; 

5 (II) by inserting ‘‘or an operating 

6 license’’ after ‘‘construction permit’’ 

7 each place it appears; and 

8 (III) by striking the period at the 

9 end; and 

10 (ii) in the third sentence— 

11 (I) by striking ‘‘In cases’’ and all 

12 that follows through ‘‘such a hear13 ing’’; 

14 (II) by striking ‘‘therefor’’ and 

15 inserting ‘‘for a hearing’’; and 

16 (III) by striking ‘‘issue an oper17 ating license’’ and inserting ‘‘issue a 

18 construction permit, an operating li19 cense,’’; and 

20 (B) in paragraph (2)(A), in the second 

21 sentence, by striking ‘‘required hearing’’ and in22 serting ‘‘hearing held by the Commission under 

23 this section’’; and 

24 (2) in subsection b. (2), by striking ‘‘to begin 

25 operating’’ and inserting ‘‘to operate’’. 


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1 (c) ADJUDICATORY HEARING.—Section 193(b) of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2243(b)) is 

3 amended— 

4 (1) in paragraph (1), by striking ‘‘on the 

5 record’’ and all that follows through ‘‘and 63’’ and 

6 inserting ‘‘if a person the interest of whom may be 

7 affected by the construction and operation of a ura8 nium enrichment facility under sections 53 and 63 

9 has requested a hearing regarding the licensing of 

10 the construction and operation of the facility’’; and 

11 (2) in paragraph (2), by striking ‘‘Such hear12 ing’’ and inserting ‘‘If a hearing is held under para13 graph (1), the hearing’’. 

14 (d) APPLICABILITY.—The amendments made by this 

15 section shall apply with respect to each application and 

16 proceeding pending before the Nuclear Regulatory Com17 mission as of the date of enactment of this Act. 

18 SEC. 402. WASTE CONFIDENCE. 

19 Section 182 of the Atomic Energy Act of 1954 (42 

20 U.S.C. 2232) is amended by adding at the end the fol21 lowing: 

22 ‘‘(e) NUCLEAR WASTE CONFIDENCE.—In consid23 ering applications for the construction and operation of 

24 a nuclear facility submitted to the Commission under sec25 tion 103 or 104, the Commission shall assume that suffiVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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1 cient capacity will be available in a timely manner to dis2 pose of spent nuclear fuel and high-level radioactive waste 

3 resulting from the operation of the nuclear facility that 

4 is the subject of the application.’’. 

5 SEC. 403. ENVIRONMENTAL REVIEWS FOR NUCLEAR EN6 ERGY PROJECTS. 

7 Section 185 b. of the Atomic Energy Act of 1954 (42 

8 U.S.C. 2235 b.) is amended by adding at the end the fol9 lowing: 

10 ‘‘(c) ENVIRONMENTAL REVIEWS FOR NUCLEAR EN11 ERGY PROJECTS.— 

12 ‘‘(1) IN GENERAL.—In a proceeding for a com13 bined construction permit and operating license for 

14 a site for which an early site permit has been issued, 

15 any environmental impact statement prepared by the 

16 Commission and cooperating agencies shall be pre17 pared as a supplement to the environmental impact 

18 statement prepared for the early site permit. 

19 ‘‘(2) INCORPORATION BY REFERENCE.—The 

20 supplemental environmental impact statement shall 

21 incorporate by reference the analysis, findings, and 

22 conclusions from the environmental impact state23 ment prepared for the early site permit, 

24 supplementing the discussion, analyses, findings, 

25 and conclusions on matters resolved in the early site 


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1 permit proceeding only to the extent necessary to 

2 address information that is— 

3 ‘‘(A) new; and 

4 ‘‘(B) significant in that the information 

5 would materially change the prior findings or 

6 conclusions. 

7 ‘‘(3) REGULATIONS.—Not later than 90 days 

8 after the date of enactment of this subsection, the 

9 Commission shall initiate rulemaking to amend the 

10 regulations of the Commission to implement this 

11 subsection. 

12 ‘‘(4) RELATIONSHIP TO OTHER LAW.—Nothing 

13 in this section exempts the Commission from any re14 quirement for full compliance with section 102(2)(C) 

15 of the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4332(2)(C)).’’. 

17 TITLE V—DEVELOPING THE 

18 NUCLEAR WORKFORCE 

19 SEC. 501. TRAINING THE NEXT GENERATION NUCLEAR 

20 WORKFORCE. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary of Energy 

23 to carry out each authorized use described in subsection 

24 (b) $15,000,000 for each of fiscal years 2011 through 

25 2020. 


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1 (b) USE OF FUNDS.—Of the amounts made available 

2 under subsection (a), the Secretary of Energy shall— 

3 (1) use such amounts as are necessary to in4 crease the number and amounts of nuclear science 

5 talent expansion grants and nuclear science competi6 tiveness grants provided under section 5004 of the 

7 America COMPETES Act (42 U.S.C. 16532); 

8 (2) in coordination with the Secretary of Edu9 cation, use $5,000,000 to support nuclear science 

10 and engineering in primary and secondary education 

11 in the United States; and 

12 (3) in coordination with the Secretary of Labor, 

13 and in consultation with nuclear energy entities and 

14 organized labor, use $5,000,000 to expand workforce 

15 training to meet the high demand for workers skilled 

16 in nuclear power plant construction and operation, 

17 including programs for— 

18 (A) electrical craft certification; 

19 (B) preapprenticeship career technical edu20 cation for industrialized skilled crafts that are 

21 useful in the construction of nuclear power 

22 plants; 

23 (C) community college and skill center 

24 training for nuclear power plant technicians; 


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1 (D) training of construction management 

2 personnel for nuclear power plant construction 

3 projects; and 

4 (E) regional grants for integrated nuclear 

5 energy workforce development programs. 

6 TITLE VI—DEVELOPING 

7 INFRASTRUCTURE 

8 SEC. 601. DEFINITIONS. 

9 In this title: 

10 (1) ADVISORY COMMITTEE.—The term ‘‘Advi11 sory Committee’’ means the Advisory Committee on 

12 Energy Park Development established under section 

13 604(a). 

14 (2) COUNCIL.—The term ‘‘Council’’ means the 

15 National Nuclear Energy Council established under 

16 section 602(a). 

17 (3) DEPARTMENT.—The term ‘‘Department’’ 

18 means the Department of Energy. 

19 (4) INITIATIVE.—The term ‘‘Initiative’’ means 

20 the Energy Park Initiative established under section 

21 603(a). 

22 (5) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘‘institution of higher education’’ has the 

24 meaning given the term in section 101(a) of the 

25 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 


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1 (6) NATIONAL LABORATORY.—The term ‘‘Na2 tional Laboratory’’ has the meaning given the term 

3 in section 2 of the Energy Policy Act of 2005 (42 

4 U.S.C. 15801). 

5 (7) PROGRAM.—The term ‘‘Program’’ means 

6 the ‘‘N’’ Prize Program described in section 605(a). 

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

8 the Secretary of Energy. 

9 SEC. 602. NATIONAL NUCLEAR ENERGY COUNCIL. 

10 (a) ESTABLISHMENT.—As soon as practicable, but 

11 not later than 90 days after the date of enactment of this 

12 Act, the Secretary shall establish a council to be known 

13 as the ‘‘National Nuclear Energy Council’’. 

14 (b) MEMBERSHIP; CHAIRPERSON.— 

15 (1) MEMBERSHIP.—The Secretary shall appoint 

16 each member of the Council. 

17 (2) COMPOSITION.—The Council shall be com18 posed of 15 members, of which not less than 6 mem19 bers shall represent the nuclear energy industry in 

20 the United States and international marketplace. 

21 (3) CHAIRPERSON.—The Council shall select a 

22 Chairperson from among the members of the Coun23 cil. 

24 (c) STUDY AND ADMINISTRATIVE COMMITTEES.— 


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1 (1) IN GENERAL.—The Chairman of the Coun2 cil may establish 1 or more study and administrative 

3 committees as the Chairman of the Council deter4 mines to be appropriate. 

5 (2) STUDY COMMITTEES.— 

6 (A) USE.—A study committee established 

7 under paragraph (1) may only assist the Coun8 cil in preparing any advice, information, or rec9 ommendation. 

10 (B) AUTHORITY.—In carrying out sub11 paragraph (A), a study committee may— 

12 (i) carry out 1 or more studies; and 

13 (ii) submit to the Chairperson of the 

14 Council a report that contains a descrip15 tion of the results of each study carried 

16 out under clause (i). 

17 (3) PURPOSE OF ADMINISTRATIVE COMMIT18 TEES.—An administrative committee may be estab19 lished under paragraph (1) solely for the purpose of 

20 assisting the Council in the management of the in21 ternal affairs of the Council. 

22 (d) MEETINGS.— 

23 (1) FREQUENCY.—The Chairperson of the 

24 Council shall call a meeting of the Council not less 

25 than 2 times per calendar year. 


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1 (2) PUBLIC NOTICE.—The Chairperson of the 

2 Council shall ensure that— 

3 (A) the time and location of each meeting 

4 of the Council is made publicly available; and 

5 (B) each meeting of the Council is open to 

6 the public. 

7 (e) FEDERAL ADVISORY COMMITTEE ACT.—The 

8 Council shall be subject to the Federal Advisory Com9 mittee Act (5 U.S.C. App.). 

10 (f) DUTIES.— 

11 (1) IN GENERAL.—The Council shall— 

12 (A) serve in an advisory capacity to the 

13 Secretary on matters relating to nuclear energy 

14 to provide a forum for industry, the President, 

15 Federal agencies, National Laboratories, and 

16 the financial community to develop a common 

17 understanding and vision in continuing a nu18 clear renaissance in the United States; 

19 (B) initiate, advise, inform, and make rec20 ommendations to the Secretary with respect to 

21 any matter relating to nuclear energy, including 

22 implementation strategies, challenges, and gaps 

23 needed to improve competitiveness in the na24 tional and international marketplace, includ25 ing— 


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1 (i) enhancing operating nuclear facili2 ties; 

3 (ii) developing new nuclear facilities 

4 (considering safety, market demand, finan5 cial aspects, and licensing issues); 

6 (iii) developing infrastructure for 

7 human capital and manufacturing; and 

8 (iv) considering issues regarding the 

9 nuclear fuel cycle; and 

10 (C) develop guidance to investors of nu11 clear energy initiatives as the Council deter12 mines to be appropriate to assist the investors 

13 in bringing products and services of the inves14 tors to the marketplace. 

15 (2) ANNUAL REPORTS.—Not later than 1 year 

16 after the date of enactment of this Act and annually 

17 thereafter, the Chairperson of the Council shall sub18 mit to the President, the Secretary, and the appro19 priate committees of Congress a report that, for the 

20 period covered by the report, contains— 

21 (A) a description of each action carried out 

22 under this section (including any resulting 

23 input and recommendations to the Secretary); 

24 and 


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1 (B) recommendations of the Chairperson 

2 of the Council regarding any action that has or, 

3 in the judgement of the Chairperson of the 

4 Council, should be taken to carry out this sec5 tion. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as are necessary. 

9 SEC. 603. ENERGY PARK INITIATIVE. 

10 (a) ESTABLISHMENT.—As soon as practicable after 

11 the date of enactment of this Act, the Secretary shall es12 tablish a program to be known as the ‘‘Energy Park Ini13 tiative’’ to address strategies of the Federal Government 

14 for the transition, reuse, and economic development of De15 partment of Energy nuclear sites and facilities (with par16 ticular emphasis on Department of Energy nuclear sites 

17 and facilities that require environmental remediation). 

18 (b) OBJECTIVES.—The Initiative shall take into con19 sideration the following objectives: 

20 (1) Energy security, energy independence, nu21 clear material disposition, and energy sector employ22 ment. 

23 (2) Reducing the active area and total number 

24 of sites that require environmental remediation. 


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1 (3) Reducing the overall life-cycle cost of the 

2 environmental cleanup program of the Department. 

3 (4) Converting the liabilities of the Office of 

4 Environmental Management of the Department (in5 cluding contaminated sites, facilities, and materials) 

6 into assets to solve critical national energy issues. 

7 (5) Demonstrating the effective partnering of 

8 the Department, other Federal agencies, private in9 dustry, State and local governments, and local com10 munities. 

11 (6) Accelerating the siting and permitting of 

12 new energy facilities by benefitting from the exten13 sive meteorological, technical, and natural resource 

14 data obtained through— 

15 (A) previously conducted activities of the 

16 Department; and 

17 (B) the experience of the workforce of the 

18 Department. 

19 (7) Preserving and enhancing the economies of 

20 State and local host communities of Department 

21 sites, with emphasis on sites under the jurisdiction 

22 of the Office of Environmental Management of the 

23 Department with energy reindustrialization. 

24 (c) ADMINISTRATION.— 


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1 (1) IN GENERAL.—The Initiative shall be man2 aged by the Deputy Secretary, in coordination with 

3 each other major program office of the Department. 

4 (2) INCLUSIONS.—The Initiative shall be car5 ried out in a manner to ensure— 

6 (A) the use of the expertise and capabili7 ties of industry, institutions of higher edu8 cation, and National Laboratories; and 

9 (B) the participation of the Advisory Com10 mittee. 

11 (d) REPORTS.— 

12 (1) ANNUAL REPORTS.—Not later than 1 year 

13 after the date of enactment of this Act and annually 

14 thereafter, the Secretary shall submit to the appro15 priate committees of Congress a report that con16 tains, for the period covered by the report, a descrip17 tion of— 

18 (A) each action carried out under this sec19 tion; and 

20 (B) any recommendations of the Secretary 

21 for further action (including any budget rec22 ommendations and recommendations for legisla23 tive changes to Federal laws). 

24 (2) SITE CAPABILITY REPORT.—Not later than 

25 180 days after the date of enactment of this Act, the 


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1 Secretary shall submit to the appropriate committees 

2 of Congress a report that contains— 

3 (A) an initial evaluation of key assets for 

4 which accelerated completion of the Initiative is 

5 feasible; 

6 (B) a description prepared in collaboration 

7 with State and local stakeholders that estab8 lishes the most significant parameters for devel9 opment, which shall include— 

10 (i) infrastructure (including roads, 

11 buildings, equipment, utilities, barge and 

12 rail access, transmission systems, and spe13 cialty features and capability); 

14 (ii) natural resources; 

15 (iii) institutional controls (including 

16 physical control, water rights, permits for 

17 the National Pollutant Discharge Elimi18 nation System and other permits, buffer 

19 areas, environmental and seismic charac20 terization, and security); and 

21 (iv) human and economic capital, in22 cluding an estimate of jobs involved; and 

23 (C) an estimate of— 

24 (i) the resources required to accelerate 

25 completion of the Initiative; 


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1 (ii) each timeframe for the accelerated 

2 completion of the Initiative, and 

3 (iii) the number of jobs involved dur4 ing each applicable timeframe. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary to carry 

7 out this section $10,000,000 for each of fiscal years 2011 

8 through 2015. 

9 SEC. 604. ADVISORY COMMITTEE ON ENERGY PARK DEVEL10 OPMENT. 

11 (a) ESTABLISHMENT.—Not later than 180 days after 

12 the date of enactment of this Act, the Secretary shall es13 tablish an advisory committee to be known as the ‘‘Advi14 sory Committee on Energy Park Development’’ to provide 

15 advice and recommendations to the Secretary on the devel16 opment of energy parks at Department sites and facilities, 

17 with particular emphasis on the reuse of the assets of the 

18 Office of Environmental Management of the Department 

19 to maximize redevelopment benefits for communities. 

20 (b) MEMBERSHIP.—The Secretary shall ensure that 

21 the Advisory Committee has a balanced membership that 

22 includes members with expertise in— 

23 (1) State and local governmental programs; 

24 (2) independent economic development associa25 tions or local economic development councils; and 


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1 (3) environmental health, including experience 

2 in radiation health physics and industrial hygiene. 

3 (c) MEETINGS.—The Secretary shall establish a reg4 ular schedule of meetings for the Advisory Committee. 

5 (d) DUTIES.— 

6 (1) IN GENERAL.—The Advisory Committee 

7 shall provide advice and expertise to the Secretary to 

8 assist the Secretary in carrying out the duties of the 

9 Secretary under this subtitle. 

10 (2) COORDINATION.—In carrying out the duties 

11 of the Advisory Committee, to the maximum extent 

12 practicable, the Advisory Committee shall solicit ad13 vice and recommendations from community and ex14 ternal liaison groups (with emphasis on Environ15 mental Management Site-Specific Advisory Boards), 

16 including— 

17 (A) the National Governors Association; 

18 (B) the National Association of Attorneys 

19 General; 

20 (C) State and tribal governments; 

21 (D) working groups; 

22 (E) the Energy Communities Alliance; and 

23 (F) the Environmental Council of the 

24 States. 


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1 (e) FEDERAL ADVISORY COMMITTEE ACT EXEMP2 TION.—The Advisory Committee shall not be subject to 

3 section 14 of the Federal Advisory Committee Act (5 

4 U.S.C. App.). 

5 SEC. 605. ‘N’ PRIZE PROGRAM AUTHORITY. 

6 (a) AUTHORITY.—The Secretary shall establish and 

7 carry out a program— 

8 (1) to be known as the ‘‘ ‘N’ Prize Program’’; 

9 and 

10 (2) to award cash prizes in recognition of a lim11 ited number of breakthrough achievements in re12 search, development, demonstration, and commercial 

13 application that the Secretary considers to have the 

14 potential for application with respect to the perform15 ance of the nuclear mission of the Department. 

16 (b) COMPETITION REQUIREMENTS.—The Program 

17 may include prizes for the achievement of goals established 

18 by the Secretary in a specific area through a widely adver19 tised solicitation for submission of results for research, de20 velopment, demonstration, or commercial application 

21 projects. 

22 (c) RELATIONSHIP TO OTHER AUTHORITY.—The 

23 Program may be carried out in conjunction with, or in 

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1 onstration, or commercial application projects, including 

2 Advanced Research Projects Agency—Energy. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to carry 

5 out this section $15,000,000, to remain available until ex6 pended. 

7 TITLE VII—ENHANCING 

8 REGULATORY AUTHORITY 

9 SEC. 701. CONTINUATION OF SERVICE. 

10 Section 201(c) of the Energy Reorganization Act of 

11 1974 (42 U.S.C. 5841(c)) is amended— 

12 (1) by striking ‘‘(c) Each member’’ and insert13 ing the following: 

14 ‘‘(c) SERVICE OF MEMBERS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), each member’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(2) EXTENDED SERVICE BY MEMBERS OF

19 COMMISSION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), a member of the Commis22 sion may serve on the Commission after the 

23 date on which the term of service of the mem24 ber has expired. 


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1 ‘‘(B) EXCEPTION.—A member of the Com2 mission described in subparagraph (A) may not 

3 serve after the earlier of— 

4 ‘‘(i) the date on which the term of 

5 service of the successor of the member of 

6 the Commission commences; or 

7 ‘‘(ii) the date of adjournment of the 

8 session of Congress during which the term 

9 of the member of the Commission ex10 pires.’’. 

11 SEC. 702. ENHANCED FINGERPRINTING REQUIREMENTS. 

12 Section 149 a.(1) of the Atomic Energy Act of 1954 

13 (42 U.S.C. 2169(a)(1)) is amended by adding at the end 

14 the following: 

15 ‘‘(C) In addition to the fingerprinting re16 quirements described in this paragraph, the 

17 Commission may require an individual or entity 

18 described in subparagraph (A)(ii) to fingerprint 

19 any individual who— 

20 ‘‘(i) has been designated by the indi21 vidual or entity described in subparagraph 

22 (A)(ii) (or by a contractor or subcontractor 

23 of the individual or entity) to determine 

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1 dividual who is required to be fingerprinted 

2 under subparagraph (B); 

3 ‘‘(ii) is in the employment of the indi4 vidual or entity described in subparagraph 

5 (A)(ii) (or a contractor or subcontractor of 

6 the individual or entity) and who has au7 thority relating to the provision of 

8 unescorted access to a facility, radioactive 

9 material, or other property described in 

10 subparagraph (B)(i); or 

11 ‘‘(iii) is, or holds a position equivalent 

12 to, the principal operating officer, or alter13 nate principal operating officer, of the indi14 vidual or entity described in subparagraph 

15 (A)(ii).’’. 

16 TITLE VIII—MANAGEMENT OF 

17 USED NUCLEAR FUEL 

18 SEC. 801. UNITED STATES NUCLEAR FUEL MANAGEMENT 

19 CORPORATION. 

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

21 (42 U.S.C. 2011 et seq.) is amended by adding at the end 

22 the following: 


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1 ‘‘TITLE III—UNITED STATES NU2 CLEAR FUEL MANAGEMENT 

3 CORPORATION 

4 ‘‘SEC. 3001. PURPOSE. 

5 ‘‘The purpose of this title is to establish a corpora6 tion— 

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

8 management consistent with the policy of the Fed9 eral Government on a self-sustaining basis through 

10 the use of a spent nuclear fuel management enter11 prise that will eliminate the need for Federal fund12 ing (other than funding provided pursuant to this 

13 title); 

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

15 obligations, and resources of the Federal Govern16 ment with respect to spent nuclear fuel manage17 ment, including the duties and powers of— 

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

19 Waste Fund; and 

20 ‘‘(B) the Office of Civilian Radioactive 

21 Waste Management under section 304 of that 

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

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

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

25 and 


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1 ‘‘(B) compliance with laws and policies 

2 concerning nonproliferation of atomic weapons 

3 and other nonpeaceful uses of atomic energy; 

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

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

6 that will— 

7 ‘‘(A) address global counterproliferation 

8 and counterterrorism; 

9 ‘‘(B) promote efficient utilization of nu10 clear fuel resources; and 

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

12 disposal of nuclear materials; 

13 ‘‘(5) to maintain a reliable and economical do14 mestic source of spent nuclear fuel management 

15 services and sustain and support the expansion of 

16 nuclear energy in meeting United States require17 ments for clean, safe, reliable, and affordable energy; 

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

19 and related services to— 

20 ‘‘(A) the Department of Energy for gov21 ernmental purposes; 

22 ‘‘(B) domestic persons; and 

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

24 President; 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 the disposal, storage, transpor20 tation, reprocessing, processing, treatment, fabrica21 tion, or sale of spent nuclear fuel or a product de22 rived from spent nuclear fuel. 

23 ‘‘(11) STAKEHOLDER ORGANIZATION.—The 

24 term ‘stakeholder organization’ means any organiza25 tion that as of the date of enactment of this title is 


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1 contributing or has contributed to the Nuclear 

2 Waste Fund. 

3 ‘‘(12) TECHNOLOGY FOR SPENT NUCLEAR FUEL

4 MANAGEMENT.—The term ‘technology for spent nu5 clear fuel management’ means any technology used 

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

7 spent nuclear fuel. 

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

9 date’ means the earlier of— 

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

11 property, right, liability, or obligation trans12 ferred from the Secretary to the Corporation 

13 under this title (other than liabilities or obliga14 tions arising under contracts to dispose of spent 

15 nuclear fuel and high level radioactive waste); 

16 or 

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

18 date of enactment of this title. 

19 ‘‘Subtitle A—Establishment, 

20 Powers, and Organization 

21 ‘‘SEC. 3101. ESTABLISHMENT. 

22 ‘‘(a) IN GENERAL.—There is established a corpora23 tion, to be known as the ‘United States Nuclear Fuel Man24 agement Corporation’. 


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

2 this title, the Corporation shall be— 

3 ‘‘(1) a wholly owned Federal corporation, sub4 ject to chapter 91 of title 31, United States Code; 

5 and 

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

7 ‘‘(c) CORPORATE OFFICES.— 

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

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

10 maintain an office in the District of Columbia; 

11 and 

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

13 be considered to be a resident of the District of 

14 Columbia. 

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

16 establish offices in such other locations as the Cor17 poration determines to be appropriate. 

18 ‘‘SEC. 3102. POWERS. 

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

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

21 applicable Federal law, shall have all the powers of 

22 a private corporation incorporated under the District 

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

24 section 29–301 et seq.); 


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

2 with respect to the payment of debts from bankrupt, 

3 insolvent, and decedent persons or estates; 

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

5 General Services the services provided by the Admin6 istrator to Federal agencies on the same basis as 

7 those services are so provided; 

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

9 nuclear fuel, provide for the management of spent 

10 nuclear fuel by others, and acquire spent nuclear 

11 fuel or materials necessary for the management of 

12 spent nuclear fuel; 

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

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

15 obligations, and use of resources of the Federal Gov16 ernment with respect to spent nuclear fuel manage17 ment, including the duties and powers of— 

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

19 Waste Fund; and 

20 ‘‘(B) the Office of Civilian Radioactive 

21 Waste Management under section 304 of that 

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

23 ‘‘(6) shall consider the spent nuclear fuel man24 agement and related services for defense-related 

25 spent nuclear fuel and high level radioactive waste 


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1 and nuclear fuels identified by the National Spent 

2 Nuclear Fuel Program of the Department. 

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

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

5 ‘‘(1) for the identification, development, licens6 ing, construction, operation, decommissioning, and 

7 post-decommissioning maintenance and monitoring 

8 of any repository, interim storage facility, monitored 

9 retrievable storage facility, reprocessing facility, fuel 

10 fabrication facility, or test and evaluation facility 

11 constructed under title III of the Nuclear Waste Pol12 icy Act of 1982 (42 U.S.C. 10221 et seq.), except 

13 that the limitations imposed on a monitored retriev14 able storage facility under section 141(g) of that Act 

15 (42 U.S.C. 10161(g)) shall not apply to an interim 

16 storage facility developed by the Corporation; 

17 ‘‘(2) for the administration of the high-level ra18 dioactive waste disposal program of the Department; 

19 ‘‘(3) to enter into a new spent fuel disposal con20 tract under section 302(a) of the Nuclear Waste 

21 Policy Act of 1982 (42 U.S.C. 10222(a)) for a com22 mercial nuclear power reactor not yet licensed by the 

23 Nuclear Regulatory Commission; 

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1 istence on the date of enactment of this title, except 

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

3 to perform under those contracts shall not be as4 sumed by the Corporation until the date that is 10 

5 years after the license termination date of the reac6 tor for which a contract applies; and 

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

8 waste fee provided by section 302(a)(4) of the Nu9 clear Waste Policy Act of 1982 (42 U.S.C. 

10 10222(a)(4)) and spent fuel disposal contracts, ex11 cept that the Corporation may not implement any 

12 changes in the fee schedule except as provided in 

13 section 3201; 

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

15 replacement, operation, and construction of facilities 

16 at a repository site, reprocessing facility site, reproc17 essed fuel fabrication facility site, monitored retriev18 able storage site, or test and evaluation facility site 

19 necessary or incident to a repository, reprocessing 

20 facility, reprocessed fuel fabrication facility, mon21 itored retrievable storage facility, or test and evalua22 tion facility; 

23 ‘‘(7) to carry out such nongeneric research, de24 velopment, and demonstration activities relating to 

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1 nologies for spent nuclear fuel management and re2 lated processes and activities as the Corporation 

3 considers to be necessary or advisable to achieve the 

4 purposes of this title; 

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

6 nuclear fuel, uranium, enriched uranium, plutonium, 

7 other special nuclear material, fissionable nuclear 

8 material, fertile nuclear material, fission byproducts, 

9 actinides, or depleted uranium with any person— 

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

11 104, in accordance with the applicable license; 

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

13 period provided for, an agreement for coopera14 tion under section 123; or 

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

16 into a transaction described in subparagraph 

17 (A) or (B); 

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

19 with— 

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

21 63, 103, or 104, for such period as the Cor22 poration considers to be appropriate to provide 

23 services supporting the mission and purpose of 

24 the Corporation under this title; and 


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1 ‘‘(B) the Department in accordance with 

2 this title for spent nuclear fuel management 

3 and related services that the Department deter4 mines to be required— 

5 ‘‘(i) to carry out Presidential direc6 tives and authorizations; and 

7 ‘‘(ii) to conduct other Department 

8 programs; 

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

10 which shall be judicially noticed; 

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

12 and be represented by an attorney in all administra13 tive and judicial proceedings, including, on approval 

14 of the Attorney General, appeals from decisions of 

15 United States courts, except that the United States 

16 Court of Federal Claims shall have exclusive juris17 diction over a claim against the Corporation and a 

18 decision or action of the Corporation shall not be 

19 subject to review under section 119 of the Nuclear 

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

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

22 agents, and employees of the Corporation for liabil23 ities and expenses relating to corporate activities; 

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

25 real and personal property, including patents and 


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1 proprietary data, as the Corporation determines to 

2 be necessary in the transaction of business; and 

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

4 real and personal property as the Corporation deter5 mines to be necessary to achieve the purposes of this 

6 title; 

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

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

9 or personnel of any State or local government agen10 cy or instrumentality or voluntary or uncompensated 

11 personnel to perform appropriate functions on behalf 

12 of the Corporation; 

13 ‘‘(15) to enter into and carry out such con14 tracts, leases, cooperative agreements, or other 

15 transactions as are necessary to conduct business, 

16 on a reimbursable basis, with— 

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

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

19 any political subdivision thereof) of the United 

20 States; or 

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

22 corporation; 

23 ‘‘(16) to determine the character of, and the ne24 cessity for, the obligations and expenditures of the 

25 Corporation and the manner in which the obligations 


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

2 subject to this title and other Federal law specifi3 cally applicable to wholly owned Federal corpora4 tions; 

5 ‘‘(17) to retain and use the revenues of the Cor6 poration to achieve the purposes of this title in a 

7 manner that ensures that the retention and use shall 

8 not be subject to apportionment under subchapter II 

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

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

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

12 parties; or 

13 ‘‘(B) held by other parties against the Cor14 poration; 

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

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

17 property to achieve the purposes of this title; 

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

19 bylaws and regulations, appropriate instruments; 

20 ‘‘(21) to provide for liability insurance by con21 tract or self-insurance; and 

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

23 3205, to pay any settlement or judgment entered 

24 against the Corporation from the Corporation Fund 


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1 and not from funds made available pursuant to sec2 tion 1304 of title 31, United States Code. 

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.— 

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

9 composed of 9 members, to be appointed by the 

10 President by and with the advice and consent of 

11 the Senate, of which— 

12 ‘‘(i) at least 3 shall be from stake13 holder organizations; and 

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

15 nominations from State public utility com16 missions. 

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

18 member of the Board with a stakeholder orga19 nization shall not be considered a conflict of in20 terest. 

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

22 Board shall elect 1 member to act as Chairperson of 

23 the Board. 

24 ‘‘(c) QUALIFICATIONS.—To be eligible to be ap25 pointed as a member of the Board, an individual shall— 


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

2 ‘‘(2) have management expertise relating to 

3 large organizations; 

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

5 ‘‘(4) make full disclosure to Congress of any in6 vestment or other financial interest that the indi7 vidual holds in the energy industry; and 

8 ‘‘(5) affirm support for the purposes of the Cor9 poration. 

10 ‘‘(d) TERMS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), a member of the Board shall serve for a 

13 term of not more than 5 years. 

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

15 appointed to the Board— 

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

17 term; 

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

19 term; 

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

21 term; 

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

23 term; and 

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

25 term. 


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

2 Board the term of service of whom has expired may 

3 be reappointed by the President, by and with the ad4 vice and consent of the Senate. 

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

6 term of service of whom has expired may continue 

7 to serve on the Board until the earlier of— 

8 ‘‘(A) the date on which a successor mem9 ber is appointed; and 

10 ‘‘(B) the date on which the session of Con11 gress during which the term of the member ex12 pires ends. 

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

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

15 and 

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

17 original appointment was made. 

18 ‘‘(f) MEETINGS.—The Board shall meet in accord19 ance with the bylaws of the Corporation— 

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

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

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

Board, 2 23 ⁄3 of the active members of the Board shall con24 stitute a quorum. 


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

2 Board may amend the bylaws of the Corporation. 

3 ‘‘(i) COMPENSATION OF MEMBERS.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) NON-FEDERAL EMPLOYEES.—A 

6 member of the Board who is not an officer or 

7 employee of the Federal Government shall be 

8 compensated at a rate equal to the daily equiva9 lent of the annual rate of basic pay prescribed 

10 for level IV of the Executive Schedule under 

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

12 each day (including travel time) during which 

13 the member is engaged in the performance of 

14 the duties of the Board. 

15 ‘‘(B) FEDERAL EMPLOYEES.—A member 

16 of the Board who is an officer or employee of 

17 the Federal Government shall serve without 

18 compensation in addition to the compensation 

19 received for the services of the member as an 

20 officer or employee of the Federal Government. 

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

22 Board shall be allowed travel expenses, including per 

23 diem in lieu of subsistence, at rates authorized for 

24 an employee of an agency under subchapter I of 

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


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1 away from the home or regular place of business of 

2 the member in the performance of the duties of the 

3 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 to serve 

11 as chief executive officer of the Corporation, an 

12 individual— 

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 

25 effect on the employment rights, wages, or benVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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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; and 

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

4 the applicable fiscal year under section 3105. 

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

6 shall— 

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

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

9 and 

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

11 the Corporation as of that date. 

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

13 CORPORATION FUND. 

14 ‘‘(a) ESTABLISHMENT.— 

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

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

17 as the ‘United States Nuclear Fuel Management 

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

19 ‘Corporation Fund’). 

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

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

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

23 Management Corporation Operating Account’ 

24 (referred to in this section as the ‘Operating 

25 Account’); and 


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1 ‘‘(B) the ‘United States Nuclear Manage2 ment Corporation Capital Reserve Account’ (re3 ferred to in this section as the ‘Capital Reserve 

4 Account’).’’ 

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

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

7 On the earlier of the transfer date or the date 

8 agreed to by the Secretary and the Corporation, the 

9 Secretary of the Treasury, without further appro10 priation, shall transfer from the Nuclear Waste 

11 Fund to the Operating Account, the unexpended bal12 ance of the appropriated funds (including funds set 

13 aside for accounts payable), and accounts receivable, 

14 relating to functions and activities assumed by the 

15 Corporation pursuant to this title, including all ad16 vance payments. 

17 ‘‘(2) TRANSFER OF THE CORPUS OF THE NU18 CLEAR WASTE FUND.—On the earlier of the transfer 

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

20 Corporation, the Secretary of the Treasury, without 

21 further appropriation, shall transfer from the Nu22 clear Waste Fund to the Capital Reserve Account, 

23 the unexpended balance of the Nuclear Waste Fund 

24 to the Corporation Fund as follows: 


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

2 the corpus of the Nuclear Waste Fund, con3 sisting of any unfunded balance of the unex4 pended balance shall be credited to the Capital 

5 Reserve Account as an unfunded asset, which 

6 shall continue to accrue interest at rates and 

7 maturities determined by the Secretary of the 

8 Treasury, including all receipts, proceeds, and 

9 recoveries received by the Nuclear Waste Fund 

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

11 302 of the Nuclear Waste Policy Act of 1982 

12 (42 U.S.C. 10222). 

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

14 of this title, any appropriations made to the 

15 Nuclear Waste Fund and all receipts, proceeds, 

16 interest, and recoveries received on or after that 

17 date under subsections (a), (b), and (e) of sec18 tion 302 of that Act (42 U.S.C. 10222) shall be 

19 transferred to the Operating Account. 

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

21 sales of products and services sold by the Corpora22 tion shall be deposited in the Operating Account. 

23 ‘‘(c) USE OF FUNDS.— 

24 ‘‘(1) USE OF OPERATING ACCOUNT.— 


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

2 make expenditures from the Operating Account 

3 without further appropriation and without fiscal 

4 year limitation only to carry out the purposes of 

5 this title. 

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

7 invest amounts of the fund in such financial in8 struments as the Corporation considers appro9 priate. 

10 ‘‘(C) NUCLEAR WASTE POLICY ACT RE11 STRICTIONS.—The Corporation shall expend 

12 Operating Account funds— 

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

14 the Nuclear Waste Policy Act of 1982 (42 

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

16 ‘‘(ii) for other purposes authorized by 

17 Congress. 

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

19 The Corporation may— 

20 ‘‘(A) pledge, without further appropriation 

21 and without fiscal year limitation, use of the 

22 Capital Reserve Account as collateral for the 

23 issuance of bonds; and 

24 ‘‘(B) make expenditures, without further 

25 appropriation and without fiscal year limitation, 


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1 for the decontamination, decommissioning, and 

2 ongoing surveillance and maintenance of Cor3 poration facilities and repositories following clo4 sure. 

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

6 ‘‘(1) IN GENERAL.—The Corporation, in con7 sultation with the Secretary of the Treasury, shall— 

8 ‘‘(A) administer the Corporation Fund; 

9 and 

10 ‘‘(B) submit to Congress annual reports 

11 describing the financial condition and oper12 ations of the Corporation Fund during the pre13 ceding fiscal year. 

14 ‘‘(2) BUDGETARY TREATMENT.—The Corpora15 tion Fund shall not be subject to— 

16 ‘‘(A) the allocations for discretionary 

17 spending under section 302(a) of the Congres18 sional Budget Act of 1974 (2 U.S.C. 633(a)); 

19 ‘‘(B) the suballocations of appropriations 

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

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

22 ‘‘(C) apportionment under subchapter II of 

23 chapter 15 of title 31, United States Code. 

24 ‘‘(3) INVESTMENT.—If the Corporation deter25 mines that the Corporation Fund Account contains 


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

2 Corporation, the Corporation may request the Sec3 retary of the Treasury to invest such portion of the 

4 excess amounts as the Corporation determines to be 

5 appropriate in obligations of the United States— 

6 ‘‘(A) having maturities determined by the 

7 Secretary of the Treasury to be appropriate to 

8 the needs of the Corporation; and 

9 ‘‘(B) bearing interest at rates determined 

10 to be appropriate by the Secretary of the Treas11 ury, taking into consideration the current aver12 age market yield on outstanding marketable ob13 ligations of the United States with remaining 

14 periods to maturity comparable to the matu15 rities of the investments, except that the inter16 est rate on the investments shall not exceed the 

17 average interest rate applicable to existing bor18 rowings. 

19 ‘‘SEC. 3108. ISSUANCE OF BONDS. 

20 ‘‘(a) ISSUANCE.— 

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

22 and sell bonds, notes, and other evidences of indebt23 edness (referred to in this section as ‘bonds’). 

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

25 pledge and use revenues of the Corporation for— 


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

2 on the bonds; 

3 ‘‘(B) purchase or redemption of additional 

4 bonds; and 

5 ‘‘(C) other purposes incidental to the func6 tions described in subparagraphs (A) and (B), 

7 including creation of reserve funds and other 

8 funds that may be similarly pledged and used. 

9 ‘‘(3) AGREEMENTS WITH HOLDERS AND TRUST10 EES.—The Corporation may enter into binding 

11 agreements with the holders and trustees of bonds 

12 with respect to activities to enhance the market13 ability of the bonds, including— 

14 ‘‘(A) the establishment of reserve funds 

15 and other funds; 

16 ‘‘(B) stipulations concerning the subse17 quent issuance of bonds; and 

18 ‘‘(C) other activities in accordance with 

19 this title. 

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

21 ‘‘(1) IN GENERAL.—A bond issued by the Cor22 poration under this section shall not be considered 

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

24 or interest by, the United States. 


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

2 shall contain a notice of the consideration described 

3 in paragraph (1). 

4 ‘‘(c) TERMS AND CONDITIONS.— 

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

6 issued by the Corporation under this section shall— 

7 ‘‘(A) be a negotiable instrument unless 

8 otherwise specified in the bond; and 

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

10 the date of issuance. 

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

12 ‘‘(A) RIGHT OF DISAPPROVAL.— 

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

14 days after the date on which the Corpora15 tion submits to the Secretary of the Treas16 ury a notification of the establishment of a 

17 term or condition on a bond under this 

18 section described in clause (ii), the Sec19 retary of the Treasury may disapprove the 

20 term or condition. 

21 ‘‘(ii) DESCRIPTION.—The terms and 

22 conditions referred to in clause (i) are 

23 terms and conditions relating to— 

24 ‘‘(I) the form or denomination of 

25 a bond; 


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1 ‘‘(II) the time, amount, or price 

2 at which a bond is sold; 

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

4 bond; 

5 ‘‘(IV) the terms by which the 

6 bond may be redeemed by the Cor7 poration before maturity; 

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

9 net revenues of the Corporation with 

10 respect to principal and interest pay11 ments; and 

12 ‘‘(VI) any other term or condi13 tion the Secretary of the Treasury de14 termines to be appropriate. 

15 ‘‘(B) INAPPLICABILITY OF RIGHT TO PRE16 SCRIBE TERMS.—Section 9108(a) of title 31, 

17 United States Code, shall not apply to the Cor18 poration. 

19 ‘‘(d) INAPPLICABILITY OF SECURITIES REQUIRE20 MENTS.—The Corporation— 

21 ‘‘(1) shall be considered to be an executive de22 partment of the United States for purposes of sec23 tion 3(c) of the Securities Exchange Act of 1934 (15 

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


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

2 the books of the Corporation in accordance with— 

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

4 77a et seq.); 

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

6 (15 U.S.C. 78a et seq.); and 

7 ‘‘(C) applicable regulations of the Securi8 ties and Exchange Commission. 

9 ‘‘(e) USE OF FEDERAL FINANCING BANK.—The Cor10 poration may issue or sell any bond to the Federal Financ11 ing Bank. 

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

13 IN LIEU OF TAXES. 

14 ‘‘(a) EXEMPTION FROM TAXATION.—The Corpora15 tion shall be exempt from taxation in any manner or form 

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

17 including State, county, or local sales tax. 

18 ‘‘(b) PAYMENTS IN LIEU OF TAXES.— 

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

20 make annual payments, in such amounts as the Cor21 poration determines to be fair and reasonable, to 

22 each State and local governmental agency with tax 

23 jurisdiction over any area in which a facility of the 

24 Corporation is located. 


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1 ‘‘(2) DETERMINATION.—In making a deter2 mination under paragraph (1), the Corporation shall 

3 take into consideration— 

4 ‘‘(A) the customs and practices prevailing 

5 in the applicable area with respect to appraisal, 

6 assessment, and classification of industrial 

7 property and any special considerations ex8 tended to large-scale industrial operations; and 

9 ‘‘(B) the requirement that any payment 

10 made to a taxing authority for any period shall 

11 be not less than the payments that would have 

12 been made to the taxing authority for the same 

13 period by the Department and contractors of 

14 the Department on behalf of the Department 

15 with respect to property and operations of the 

16 Corporation. 

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

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

19 which payments of taxes by taxpayers to each taxing au20 thority are due and payable. 

21 ‘‘(d) DETERMINATION OF AMOUNT DUE.—A deter22 mination by the Corporation of an amount due under this 

23 section shall be final and conclusive. 


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

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

3 be subject to— 

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

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

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

7 (15 U.S.C. 8, 9). 

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

9 HEALTH AND SAFETY LICENSING LAWS.— 

10 ‘‘(1) NATIONAL ENVIRONMENTAL POLICY ACT

11 OF 1969.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Corporation shall comply with 

14 the National Environmental Policy Act of 1969 

15 (42 U.S.C. 4321 et seq.). 

16 ‘‘(B) PREPARATION OF ENVIRONMENTAL

17 IMPACT STATEMENT.—The Corporation shall 

18 not be required to prepare an environmental 

19 impact statement or similar analysis required 

20 under the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.) if the Nuclear 

22 Regulatory Commission is required under any 

23 law (including regulations) to prepare the envi24 ronmental impact statement or similar analysis. 

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

26 have exclusive jurisdiction over the facilities and opVerDate Mar 15 2010 23:22 Jul 20, 2010 Jkt 089200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S3618.IS S3618

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1 erations of the Corporation with respect to licensing, 

2 permitting, rulemaking, compliance, or operations 

3 under all Federal, State, interstate, and local envi4 ronmental, occupational, and public health and safe5 ty laws. 

6 ‘‘(3) ENFORCEMENT.— 

7 ‘‘(A) IN GENERAL.—A requirement in8 cluded in a license of the Commission or a sub9 stantive requirement (including any injunctive 

10 relief, administrative order, or civil or adminis11 trative penalty or fine) may be enforced against 

12 the Corporation only by the Commission (or a 

13 designee). 

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

15 any immunity otherwise applicable to the Cor16 poration. 

17 ‘‘(c) ENERGY REORGANIZATION ACT REQUIRE18 MENTS.— 

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

20 subject to section 210 of the Energy Reorganization 

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

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

23 operation of any facility leased by the Corporation, 

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

25 to the directors and officers of the Corporation. 


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1 ‘‘(d) EXEMPTION FROM FEDERAL PROPERTY AND

2 PROCUREMENT REQUIREMENTS.—The Corporation shall 

3 not be subject to— 

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

5 ‘‘(2) title III of the Federal Property and Ad6 ministrative Services Act of 1949 (41 U.S.C. 251 et 

7 seq.); or 

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

9 the Federal Acquisition Regulations contained in 

10 title 48, Code of Federal Regulations. 

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

12 the Corporation shall be subject to the export control laws 

13 if the transaction is carried out in accordance with an 

14 agreement between the United States and a foreign coun15 try. 

16 ‘‘SEC. 3111. PROTECTION OF INFORMATION. 

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

18 Corporation shall protect information classified under this 

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

20 information to the same extent as a Federal agency or 

21 private corporation, in accordance with applicable law, in22 cluding section 1905 of title 18, United States Code. 

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

24 title 5, United States Code, shall not apply to the Corpora25 tion. 


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

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

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

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

5 pleasure of the President during the period beginning on 

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

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

8 is appointed for the Corporation pursuant to section 

9 3104; or 

10 ‘‘(2) the transfer date. 

11 ‘‘(b) DUTIES.— 

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

13 shall carry out the powers and duties of the Board 

14 and chief executive officer as described in section 

15 3104 only to the extent necessary to implement the 

16 transfer of spent nuclear fuel management obliga17 tions, functions, personnel, and funds from the Sec18 retary to the Corporation not later than the transfer 

19 date. 

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

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

22 of pay for the appropriate Executive Service Level, 

23 as determined by the Secretary. 

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

25 OF DIRECTORS.—The transition manager shall carry 


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1 out this section regardless of whether the Board is 

2 appointed pursuant to section 3103. 

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

4 has been appointed, each action carried out by the transi5 tion manager shall be subject to ratification by the Board. 

6 ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—Dur7 ing the period beginning on the date of enactment of this 

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

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

10 management in accordance with applicable Federal 

11 law; 

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

13 Acts, provide funds to the transition manager to pay 

14 salaries and expenses necessary to effectuate the 

15 purposes of this title; 

16 ‘‘(3) assign employees of the Department to as17 sist the transition manager in carrying out this sec18 tion; and 

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

20 manager and the chief executive officer in transfer21 ring to the Corporation not later than the transfer 

22 date the activities, obligations, and resources under 

23 the jurisdiction or control of the Secretary with re24 spect to spent nuclear fuel management. 

25 ‘‘(e) BUDGET.— 


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

2 shall prepare and submit an operating budget for 

3 the Corporation for each fiscal year to the Secretary 

4 for approval not later than December 1 of each year 

5 until the Board is appointed pursuant to section 

6 3103. 

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

8 expenses associated with the duties of the transition 

9 manager shall be paid from the Operating Fund, as 

10 approved by the Secretary. 

11 ‘‘(f) COMPLETION OF TRANSFERS AND OTHER AC12 TIONS BY TRANSFER DATE.— 

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

14 transition manager shall complete transfers of all as15 sets, property, rights, liabilities, or obligations under 

16 the jurisdiction of the Secretary relating to spent 

17 nuclear fuel management to the Corporation not 

18 later than the transfer date. 

19 ‘‘(2) SUSPENSION OF FEES.— 

20 ‘‘(A) IN GENERAL.—Any party to a con21 tract with the United States executed pursuant 

22 to section 302 of the Nuclear Waste Policy Act 

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

24 spent nuclear fuel and high level radioactive 

25 waste may suspend payment of fees under the 


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1 contract if all transfers of contracts and funds 

2 required to be transferred under this title are 

3 not complete, the Board has not been ap4 pointed, or a chief executive officer for the Cor5 poration has not been appointed, by the trans6 fer date. 

7 ‘‘(B) PERIOD.—A suspension under sub8 paragraph (A) shall continue until each action 

9 required under this title has been completed. 

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

11 payments of a contract under this subsection 

12 shall not constitute a termination, breach, or 

13 cancellation of the contract. 

14 ‘‘Subtitle B—Rights, Privileges, and 

15 Assets 

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

17 ‘‘(a) EXCLUSIVE MARKETING AGENT.— 

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

19 as the exclusive marketing agent on behalf of the 

20 United States for entering into contracts to provide 

21 spent nuclear fuel management and related products 

22 and services. 

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

24 the transfer date, the Department may not market 


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1 spent nuclear fuel management or any related serv2 ice. 

3 ‘‘(b) TRANSFER OF CONTRACTS.— 

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

5 management contract, agreement, and lease executed 

6 by the Department before the transfer date relating 

7 to spent nuclear fuel management or a related serv8 ice shall be transferred to the Corporation. 

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

10 may not increase the fee under contracts executed 

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

12 Waste Policy Act of 1982 (42 U.S.C. 10222(a)), un13 less the Secretary approves the fee increase in ac14 cordance with section 302(a)(3) of that Act not later 

15 than 2 years in advance of the proposed effective 

16 date of the increase in the fee. 

17 ‘‘SEC. 3202. PRICING. 

18 ‘‘(a) SERVICES PROVIDED TO COMMERCIAL CUS19 TOMERS.— 

20 ‘‘(1) IN GENERAL.—The Corporation shall es21 tablish prices for products, materials, and services 

22 provided by the Corporation to customers other than 

23 the Department, and for services other than those 

24 provided under a spent fuel disposal contract, on a 

25 basis sufficient to— 


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

2 and 

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

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

5 paragraph (1) shall be subject to review and ap6 proval by the Board. 

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

8 Corporation shall charge the Department fees for spent 

9 nuclear fuel management services provided under section 

10 3102(b)(7) on a basis sufficient to recover the costs of 

11 the Corporation, on a yearly basis, of providing the serv12 ices. 

13 ‘‘SEC. 3203. ACQUISITION OF DEPARTMENT LAND AND FA14 CILITIES. 

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

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

17 otherwise access required portions of Department or 

18 other Federal land (other than land within the Na19 tional Park System, the National Forest System, or 

20 the National Wildlife Refuge System or land man21 aged by the Bureau of land Management that is 

22 within a conservation system unit), facilities, and 

23 property useful for spent nuclear fuel management 

24 purposes, including property or facilities of the De25 partment necessary for storage, processing, or fuel 


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1 fabrication involving materials containing plutonium; 

2 and 

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

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

5 for spent nuclear fuel management purposes. 

6 ‘‘(b) TERMS OF LEASE.— 

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

8 Department shall establish mutually agreeable terms 

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

10 specifying annual payments to be made to the De11 partment by the Corporation. 

12 ‘‘(2) PAYMENTS.—The amount of annual pay13 ments for a lease under subsection (a)(1) shall be 

14 equal to the cost incurred by the Department in ad15 ministering the lease and providing to the Corpora16 tion services relating to the lease (excluding depre17 ciation and imputed interest on original plant invest18 ments and costs under subsection (c)). 

19 ‘‘(c) DEPARTMENT RESPONSIBILITY FOR PRE20 EXISTING CONDITIONS.—The payment of any costs of de21 contamination and decommissioning, actions for response 

22 (as defined in section 101 of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9601)), or corrective actions (as defined 

25 by the Administrator of the Environmental Protection 


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

2 Act (42 U.S.C. 6924(u)), with respect to conditions exist3 ing before the transfer date, in connection with property 

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

5 remain the sole responsibility of the Department. 

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

7 consultation with the Administrator of the Environmental 

8 Protection Agency, shall conduct a comprehensive environ9 mental audit to identify the environmental conditions that 

10 will remain the responsibility of the Department under 

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

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

13 lease executed between the Secretary and the Corporation 

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

15 purposes of section 170 d. 

16 ‘‘(f) WAIVER OF EIS REQUIREMENT.—A lease exe17 cuted between the Corporation and the Department under 

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

19 action significantly affecting the quality of the human en20 vironment for purposes of section 102 of the National En21 vironmental Policy Act of 1969 (42 U.S.C. 4332). 

22 ‘‘SEC. 3204. PATENTS AND INVENTIONS. 

23 ‘‘(a) GRANT OF RIGHTS.— 

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

25 use— 


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1 ‘‘(A) efficacious and economical processes 

2 for spent nuclear fuel management; and 

3 ‘‘(B) any method of improving the produc4 tion of nuclear power. 

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

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

7 rights of which are copied, used, infringed, or em8 ployed by the Corporation pursuant to this sub9 section shall have as the exclusive remedy a cause of 

10 action against the Corporation to be instituted and 

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

12 United States district court for the recovery of rea13 sonable compensation for the infringement. 

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

15 not apply to any art, machine, method of manufac16 ture, or composition of matter discovered or invented 

17 by an employee during the period of employment by 

18 the Corporation or the Federal Government. 

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

20 Corporation shall have the exclusive commercial right to 

21 deploy and use any spent nuclear fuel management patent 

22 or process of the Corporation. 

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

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1 bursable basis, research and development of alternative 

2 technologies for spent nuclear fuel management. 

3 ‘‘SEC. 3205. LIABILITIES. 

4 ‘‘(a) LIABILITIES BASED ON OPERATIONS BEFORE

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

6 each liability attributable to spent nuclear fuel manage7 ment or property transferred to the Corporation before the 

8 applicable transfer date shall remain a liability of the De9 partment. 

10 ‘‘(b) JUDGMENTS BASED ON OPERATIONS BEFORE

11 TRANSITION.—Except as otherwise agreed to by the Cor12 poration and the Department, a judgment entered against 

13 the Department imposing liability arising out of a spent 

14 nuclear fuel management obligation of the Department 

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

16 10101 et seq.) or a spent fuel disposal contract shall be 

17 considered to be a judgment against, and payable solely 

18 by, the Department. 

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

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

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

22 the Department of Justice; and 

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

24 counsel selected by the Corporation. 


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1 ‘‘(d) JUDGMENTS AND LIABILITIES BASED ON OPER2 ATIONS AFTER TRANSITION.— 

3 ‘‘(1) IN GENERAL.—Except as otherwise pro4 vided in this subsection, a judgment entered against 

5 the Corporation arising from operations of the Cor6 poration on or after the transfer date shall be pay7 able solely by the Corporation from funds of the 

8 Corporation. 

9 ‘‘(2) EXISTING SPENT FUEL DISPOSAL CON10 TRACTS.— 

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

12 not apply to a liability or judgment that— 

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

14 contract in existence on the date of enact15 ment of this title; and 

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

17 after the license termination date of the re18 actor to which the contract applies, includ19 ing any renewals of the license granted by 

20 the Nuclear Regulatory Commission. 

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

22 described in subparagraph (A) shall continue to 

23 be— 

24 ‘‘(i) the responsibility of the Depart25 ment; and 


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1 ‘‘(ii) payable pursuant to section 1304 

2 of title 31, United States Code. 

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

4 Payments from the funds of the Corporation de5 scribed in paragraph (1) shall not be subject to the 

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

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

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

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

10 be considered to be a Federal agency for purposes 

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

12 ‘‘SEC. 3206. PREDEPLOYMENT ACTIVITIES BY CORPORA13 TION. 

14 ‘‘The Corporation, in coordination with the Depart15 ment, may carry out such activities as are necessary to 

16 prepare for the provision of spent nuclear fuel manage17 ment services, including— 

18 ‘‘(1) initiation of public outreach and coordina19 tion with State and local stakeholders; 

20 ‘‘(2) completion of preapplication activities with 

21 the Commission; 

22 ‘‘(3) confirmation of technical performance; 

23 ‘‘(4) validation of economic projections; 

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


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

2 engineering; and 

3 ‘‘(7) site selection, site characterization, and en4 vironmental documentation activities. 

5 ‘‘SEC. 3207. CONSTRUCTION AND OPERATION OF FACILI6 TIES. 

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

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

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

10 management, the Corporation may enter into a contract 

11 with 1 or more contractors for the construction or oper12 ation of the facility. 

13 ‘‘(b) TRANSACTIONS BETWEEN CORPORATION AND

14 CONTRACTORS.— 

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

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

17 any duty of the Corporation under this title. 

18 ‘‘(2) LICENSING AGREEMENT.—The Corpora19 tion may license to a contractor any right, title, or 

20 interest of the Corporation under this title. 

21 ‘‘(3) PURCHASE AGREEMENT.—The Corpora22 tion may enter into a commitment to purchase any 

23 spent nuclear fuel management service, nuclear ma24 terial, or fuel product produced at a facility operated 

25 by a contractor. 


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1 ‘‘(4) ADDITIONAL ASSISTANCE.—The Corpora2 tion may provide to a contractor such additional per3 sonnel, services, and equipment as the Corporation 

4 determines to be appropriate. 

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

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

7 spent nuclear fuel management facility— 

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

9 with, the Corporation; 

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

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

12 this title. 

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

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

15 agreement with the Corporation or a contractor of the 

16 Corporation as the Secretary determines to be necessary. 

17 ‘‘SEC. 3209. REFERENCES. 

18 ‘‘Any reference to the Commission or the Department 

19 contained in section 161 k., 221 a., or 230 shall be consid20 ered to include the Corporation. 

21 ‘‘SEC. 3210. SEVERABILITY. 

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

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

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1 tion to be invalid, the remainder of this title and the appli2 cation of this title shall not be affected.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents of the Atomic Energy Act of 1954 (42 U.S.C. 2011 

5 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. 

‘‘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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