I 
★
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 re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. USE OF FUNDS FOR RECYCLING. 
Section 302 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222) is amended— 
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HR 3385 IH1S 
(1) in subsection (d), by striking ‘‘The Sec-
retary may’’ and inserting ‘‘Except as provided in 
subsection (f), the Secretary may’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) RECYCLING.— 
‘‘(1) IN
GENERAL.—Amounts in the Waste 
Fund may be used by the Secretary of Energy to 
make grants to or enter into long-term contracts 
with private sector entities for the recycling of spent 
nuclear fuel. 
‘‘(2) COMPETITIVE
SELECTION.—Grants and 
contracts authorized under paragraph (1) shall be 
awarded on the basis of a competitive bidding proc-
ess that— 
‘‘(A) maximizes the competitive efficiency 
of the projects funded; 
‘‘(B) best serves the goal of reducing the 
amount of waste requiring disposal under this 
Act; and 
‘‘(C) ensures adequate protection against 
the proliferation of nuclear materials that could 
be used in the manufacture of nuclear weap-
ons.’’. 
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SEC. 2. RULEMAKING FOR LICENSING OF SPENT NUCLEAR 
FUEL RECYCLING FACILITIES. 
(a) REQUIREMENT.—The Nuclear Regulatory Com-
mission shall, as expeditiously as possible, but in no event 
later than 2 years after the date of enactment of this Act, 
complete a rulemaking establishing a process for the li-
censing by the Nuclear Regulatory Commission, under the 
Atomic Energy Act of 1954, of facilities for the recycling 
of spent nuclear fuel. 
(b) FUNDING.—Amounts in the Nuclear Waste Fund 
established under section 302 of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222) shall be made available 
to the Nuclear Regulatory Commission to cover the costs 
of carrying out subsection (a) of this section. 
SEC. 3. NUCLEAR WASTE FUND BUDGET STATUS. 
Section 302(e) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(e)) is amended by adding at the 
end the following new paragraph: 
‘‘(7) The receipts and disbursements of the Waste 
Fund shall not be counted as new budget authority, out-
lays, receipts, or deficits or surplus for purposes of— 
‘‘(A) the budget of the United States Govern-
ment as submitted by the President; 
‘‘(B) the congressional budget; or 
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‘‘(C) the Balanced Budget and Emergency Def-
icit Control Act of 1985.’’. 
Æ 
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