Act, trade secrets, and security, commercial, or financial 
information to the same extent as a Federal agency or 
private corporation, in accordance with applicable law, in-
cluding section 1905 of title 18, United States Code. 
‘‘(b) OTHER APPLICABLE LAWS.—Section 552(d) of 
title 5, United States Code, shall not apply to the Corpora-
tion. 
‘‘SEC. 3112. TRANSITION AND TRANSFER REQUIREMENTS. 
‘‘(a) TRANSITION MANAGER.—Not later than 30 
days after the date of enactment of this title, the President 
shall appoint a transition manager, who shall serve at the 
pleasure of the President during the period beginning on 
the date of appointment and ending on the earlier of— 
‘‘(1) the date on which a chief executive officer 
is appointed for the Corporation pursuant to section 
3104; or 
‘‘(2) the transfer date. 
‘‘(b) DUTIES.— 
‘‘(1) IN
GENERAL.—The transition manager 
shall carry out the powers and duties of the Board 
and chief executive officer as described in section 
3104 only to the extent necessary to implement the 
transfer of spent nuclear fuel management obliga-
tions, functions, personnel, and funds from the Sec-
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retary to the Corporation not later than the transfer 
date. 
‘‘(2) COMPENSATION.—The transition manager 
shall be a Federal employee to be paid at the rate 
of pay for the appropriate Executive Service Level, 
as determined by the Secretary. 
‘‘(3) CONTINUATION IN ABSENCE OF A BOARD 
OF DIRECTORS.—The transition manager shall carry 
out this section regardless of whether the Board is 
appointed pursuant to section 3103. 
‘‘(c) RATIFICATION OF ACTIONS.—Once the Board 
has been appointed, each action carried out by the transi-
tion manager shall be subject to ratification by the Board. 
‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—Dur-
ing the period beginning on the date of enactment of this 
title and ending on the transfer date, the Secretary shall— 
‘‘(1) retain responsibility for spent nuclear fuel 
management in accordance with applicable Federal 
law; 
‘‘(2) to the extent provided in appropriations 
Acts, provide funds to the transition manager to pay 
salaries and expenses necessary to effectuate the 
purposes of this title; 
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‘‘(3) assign employees of the Department to as-
sist the transition manager in carrying out this sec-
tion; and 
‘‘(4) assist and cooperate with the transition 
manager and the chief executive officer in transfer-
ring to the Corporation not later than the transfer 
date the activities, obligations, and resources under 
the jurisdiction or control of the Secretary with re-
spect to spent nuclear fuel management. 
‘‘(e) BUDGET.— 
‘‘(1) IN
GENERAL.—The transition manager 
shall prepare and submit an operating budget for 
the Corporation for each fiscal year to the Secretary 
for approval not later than December 1 of each year 
until the Board is appointed pursuant to section 
3103. 
‘‘(2) REASONABLE EXPENSES.—All reasonable 
expenses associated with the duties of the transition 
manager shall be paid from the Operating Fund, as 
approved by the Secretary. 
‘‘(f) COMPLETION OF TRANSFERS AND OTHER AC-
TIONS BY TRANSFER DATE.— 
‘‘(1) IN
GENERAL.—The Secretary and the 
transition manager shall complete transfers of all as-
sets, property, rights, liabilities, or obligations under 
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the jurisdiction of the Secretary relating to spent 
nuclear fuel management to the Corporation not 
later than the transfer date. 
‘‘(2) SUSPENSION OF FEES.— 
‘‘(A) IN GENERAL.—Any party to a con-
tract with the United States executed pursuant 
to section 302 of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222) for the disposal of 
spent nuclear fuel and high level radioactive 
waste may suspend payment of fees under the 
contract if all transfers of contracts and funds 
required to be transferred under this title are 
not complete, the Board has not been ap-
pointed, or a chief executive officer for the Cor-
poration has not been appointed, by the trans-
fer date. 
‘‘(B) PERIOD.—A suspension under sub-
paragraph (A) shall continue until each action 
required under this title has been completed. 
‘‘(C) APPLICABILITY.—The suspension of 
payments of a contract under this subsection 
shall not constitute a termination, breach, or 
cancellation of the contract. 
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‘‘Subtitle B—Rights, Privileges, and 
Assets 
‘‘SEC. 3201. MARKETING AND CONTRACTING AUTHORITY. 
‘‘(a) EXCLUSIVE MARKETING AGENT.— 
‘‘(1) IN GENERAL.—The Corporation shall act 
as the exclusive marketing agent on behalf of the 
United States for entering into contracts to provide 
spent nuclear fuel management and related products 
and services. 
‘‘(2) EFFECT ON DEPARTMENT.—Beginning on 
the transfer date, the Department may not market 
spent nuclear fuel management or any related serv-
ice. 
‘‘(b) TRANSFER OF CONTRACTS.— 
‘‘(1) IN
GENERAL.—Each spent nuclear fuel 
management contract, agreement, and lease executed 
by the Department before the transfer date relating 
to spent nuclear fuel management or a related serv-
ice shall be transferred to the Corporation. 
‘‘(2) INCREASE
IN
FEES.—The Corporation 
may not increase the fee under contracts executed 
by the Secretary under section 302(a) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(a)), un-
less the Secretary approves the fee increase in ac-
cordance with section 302(a)(3) of that Act not later 
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than 2 years in advance of the proposed effective 
date of the increase in the fee. 
‘‘SEC. 3202. PRICING. 
‘‘(a) SERVICES PROVIDED
TO COMMERCIAL CUS-
TOMERS.— 
‘‘(1) IN GENERAL.—The Corporation shall es-
tablish prices for products, materials, and services 
provided by the Corporation to customers other than 
the Department, and for services other than those 
provided under a spent fuel disposal contract, on a 
basis sufficient to— 
‘‘(A) recover the costs of the Corporation; 
and 
‘‘(B) operate on a self-sustaining basis. 
‘‘(2) APPROVAL.—Each price established under 
paragraph (1) shall be subject to review and ap-
proval by the Board. 
‘‘(b) SERVICES PROVIDED TO DEPARTMENT.—The 
Corporation shall charge the Department fees for spent 
nuclear fuel management services provided under section 
3102(b)(7) on a basis sufficient to recover the costs of 
the Corporation, on a yearly basis, of providing the serv-
ices. 
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equal to the cost incurred by the Department in ad-
ministering the lease and providing to the Corpora-
tion services relating to the lease (excluding depre-
ciation and imputed interest on original plant invest-
ments and costs under subsection (c)). 
‘‘(c) DEPARTMENT
RESPONSIBILITY
FOR
PRE-
EXISTING CONDITIONS.—The payment of any costs of de-
contamination and decommissioning, actions for response 
(as defined in section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601)), or corrective actions (as defined 
by the Administrator of the Environmental Protection 
Agency under section 3004(u) of the Solid Waste Disposal 
Act (42 U.S.C. 6924(u)), with respect to conditions exist-
ing before the transfer date, in connection with property 
of the Department leased under subsection (a)(1), shall 
remain the sole responsibility of the Department. 
‘‘(d) ENVIRONMENTAL AUDIT.—The Secretary, in 
consultation with the Administrator of the Environmental 
Protection Agency, shall conduct a comprehensive environ-
mental audit to identify the environmental conditions that 
will remain the responsibility of the Department under 
subsection (c) after leasing the applicable land or facility. 
‘‘(e) TREATMENT UNDER PRICE-ANDERSON.—Any 
lease executed between the Secretary and the Corporation 
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under this section shall be considered to be a contract for 
purposes of section 170 d. 
‘‘(f) WAIVER OF EIS REQUIREMENT.—A lease exe-
cuted between the Corporation and the Department under 
this section shall not be considered to be a major Federal 
action significantly affecting the quality of the human en-
vironment for purposes of section 102 of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332). 
‘‘SEC. 3204. PATENTS AND INVENTIONS. 
‘‘(a) GRANT OF RIGHTS.— 
‘‘(1) IN
GENERAL.—The Corporation may 
use— 
‘‘(A) efficacious and economical processes 
for spent nuclear fuel management; and 
‘‘(B) any method of improving the produc-
tion of nuclear power. 
‘‘(2) INFRINGEMENT.—Except as provided in 
paragraph (3), an owner of a patent the patent 
rights of which are copied, used, infringed, or em-
ployed by the Corporation pursuant to this sub-
section shall have as the exclusive remedy a cause of 
action against the Corporation to be instituted and 
prosecuted, as a case in equity, in the appropriate 
United States district court for the recovery of rea-
sonable compensation for the infringement. 
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‘‘(3) FEDERAL EMPLOYEES.—This section shall 
not apply to any art, machine, method of manufac-
ture, or composition of matter discovered or invented 
by an employee during the period of employment by 
the Corporation or the Federal Government. 
‘‘(b) EXCLUSIVE RIGHT TO COMMERCIALIZE.—The 
Corporation shall have the exclusive commercial right to 
deploy and use any spent nuclear fuel management patent 
or process of the Corporation. 
‘‘(c) RESEARCH AND DEVELOPMENT.—On request of 
the Corporation, the Secretary shall provide, on a reim-
bursable basis, research and development of alternative 
technologies for spent nuclear fuel management. 
‘‘SEC. 3205. LIABILITIES. 
‘‘(a) LIABILITIES BASED ON OPERATIONS BEFORE 
TRANSITION.—Except as otherwise provided in this title, 
each liability attributable to spent nuclear fuel manage-
ment or property transferred to the Corporation before the 
applicable transfer date shall remain a liability of the De-
partment. 
‘‘(b) JUDGMENTS BASED ON OPERATIONS BEFORE 
TRANSITION.—Except as otherwise agreed to by the Cor-
poration and the Department, a judgment entered against 
the Department imposing liability arising out of a spent 
nuclear fuel management obligation of the Department 
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under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.) or a spent fuel disposal contract shall be 
considered to be a judgment against, and payable solely 
by, the Department. 
‘‘(c) REPRESENTATION.—With respect to any claim 
to impose liability under subsection (a) or (b)— 
‘‘(1) the United States shall be represented by 
the Department of Justice; and 
‘‘(2) the Corporation shall be represented by a 
counsel selected by the Corporation. 
‘‘(d) JUDGMENTS AND LIABILITIES BASED ON OPER-
ATIONS AFTER TRANSITION.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, a judgment entered against 
the Corporation arising from operations of the Cor-
poration on or after the transfer date shall be pay-
able solely by the Corporation from funds of the 
Corporation. 
‘‘(2) EXISTING
SPENT
FUEL
DISPOSAL
CON-
TRACTS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to a liability or judgment that— 
‘‘(i) is based on a spent fuel disposal 
contract in existence on the date of enact-
ment of this title; and 
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‘‘(ii) accrues not later than 10 years 
after the license termination date of the re-
actor to which the contract applies, includ-
ing any renewals of the license granted by 
the Nuclear Regulatory Commission. 
‘‘(B) PAYMENT.—A liability or judgment 
described in subparagraph (A) shall continue to 
be— 
‘‘(i) the responsibility of the Depart-
ment; and 
‘‘(ii) payable pursuant to section 1304 
of title 31, United States Code. 
‘‘(3) RELATIONSHIP TO OTHER PROVISIONS.— 
Payments from the funds of the Corporation de-
scribed in paragraph (1) shall not be subject to the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
et seq.), including section 302(d) of that Act (42 
U.S.C. 10222(d)). 
‘‘(4) TREATMENT.—The Corporation shall not 
be considered to be a Federal agency for purposes 
of chapter 171 of title 28, United States Code. 
‘‘SEC. 3206. PREDEPLOYMENT ACTIVITIES BY CORPORA-
TION. 
‘‘The Corporation, in coordination with the Depart-
ment, may carry out such activities as are necessary to 
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