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111TH CONGRESS 

1ST SESSION H. R. 3385 

To authorize the use of amounts in the Nuclear Waste Fund to promote 

the recycling of spent nuclear fuel, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2009 

Mr. BARTON of Texas (for himself, Mr. UPTON, Mr. TERRY, Mr. SHIMKUS, 

Mr. ROGERS of Michigan, Mr. BRADY of Texas, Mr. BURGESS, Mr. 

WHITFIELD, Mr. POE of Texas, Mrs. MYRICK, Mrs. BONO MACK, Mr. 

GALLEGLY, and Mr. PITTS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on the Budget, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To authorize the use of amounts in the Nuclear Waste Fund 

to promote the recycling of spent nuclear fuel, 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. USE OF FUNDS FOR RECYCLING. 

4 Section 302 of the Nuclear Waste Policy Act of 1982 

5 (42 U.S.C. 10222) is amended— 


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1 (1) in subsection (d), by striking ‘‘The Sec2 retary may’’ and inserting ‘‘Except as provided in 

3 subsection (f), the Secretary may’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(f) RECYCLING.— 

7 ‘‘(1) IN GENERAL.—Amounts in the Waste 

8 Fund may be used by the Secretary of Energy to 

9 make grants to or enter into long-term contracts 

10 with private sector entities for the recycling of spent 

11 nuclear fuel. 

12 ‘‘(2) COMPETITIVE SELECTION.—Grants and 

13 contracts authorized under paragraph (1) shall be 

14 awarded on the basis of a competitive bidding proc15 ess that— 

16 ‘‘(A) maximizes the competitive efficiency 

17 of the projects funded; 

18 ‘‘(B) best serves the goal of reducing the 

19 amount of waste requiring disposal under this 

20 Act; and 

21 ‘‘(C) ensures adequate protection against 

22 the proliferation of nuclear materials that could 

23 be used in the manufacture of nuclear weap24 ons.’’. 


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1 SEC. 2. RULEMAKING FOR LICENSING OF SPENT NUCLEAR 

2 FUEL RECYCLING FACILITIES. 

3 (a) REQUIREMENT.—The Nuclear Regulatory Com4 mission shall, as expeditiously as possible, but in no event 

5 later than 2 years after the date of enactment of this Act, 

6 complete a rulemaking establishing a process for the li7 censing by the Nuclear Regulatory Commission, under the 

8 Atomic Energy Act of 1954, of facilities for the recycling 

9 of spent nuclear fuel. 

10 (b) FUNDING.—Amounts in the Nuclear Waste Fund 

11 established under section 302 of the Nuclear Waste Policy 

12 Act of 1982 (42 U.S.C. 10222) shall be made available 

13 to the Nuclear Regulatory Commission to cover the costs 

14 of carrying out subsection (a) of this section. 

15 SEC. 3. NUCLEAR WASTE FUND BUDGET STATUS. 

16 Section 302(e) of the Nuclear Waste Policy Act of 

17 1982 (42 U.S.C. 10222(e)) is amended by adding at the 

18 end the following new paragraph: 

19 ‘‘(7) The receipts and disbursements of the Waste 

20 Fund shall not be counted as new budget authority, out21 lays, receipts, or deficits or surplus for purposes of— 

22 ‘‘(A) the budget of the United States Govern23 ment as submitted by the President; 

24 ‘‘(B) the congressional budget; or 


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1 ‘‘(C) the Balanced Budget and Emergency Def2 icit Control Act of 1985.’’. 

Æ 


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