that has residual radioactive or mixed radioactive 
and hazardous chemical contamination (including 
depleted tailings). 
‘‘(5) DEPARTMENT.—The term ‘Department’ 
means the Department of Energy. 
‘‘(6) NUCLEAR WASTE FUND.—The term ‘Nu-
clear Waste Fund’ means the Nuclear Waste Fund 
established under section 302 of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222). 
‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(8) SPENT FUEL DISPOSAL CONTRACT.—The 
term ‘spent fuel disposal contract’ means a contract 
between the Secretary and a person entered into 
pursuant to section 302(a) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(a)). 
‘‘(9) SPENT NUCLEAR FUEL.—The term ‘spent 
nuclear fuel’ means any nuclear fuel or highly radio-
active waste that has been irradiated in a domestic, 
commercial nuclear power reactor pursuant to a 
spent fuel disposal contract. 
‘‘(10) SPENT NUCLEAR FUEL MANAGEMENT.— 
The term ‘spent nuclear fuel management’ means 
any activity involving the disposal, storage, transpor-
tation, reprocessing, processing, treatment, fabrica-
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tion, or sale of spent nuclear fuel or a product de-
rived from spent nuclear fuel. 
‘‘(11) 
STAKEHOLDER
ORGANIZATION.—The 
term ‘stakeholder organization’ means any organiza-
tion that as of the date of enactment of this title is 
contributing or has contributed to the Nuclear 
Waste Fund. 
‘‘(12) TECHNOLOGY FOR SPENT NUCLEAR FUEL 
MANAGEMENT.—The term ‘technology for spent nu-
clear fuel management’ means any technology used 
to transport, store, process, reprocess, or dispose of 
spent nuclear fuel. 
‘‘(13) TRANSFER
DATE.—The term ‘transfer 
date’ means the earlier of— 
‘‘(A) the transfer date of the last asset, 
property, right, liability, or obligation trans-
ferred from the Secretary to the Corporation 
under this title (other than liabilities or obliga-
tions arising under contracts to dispose of spent 
nuclear fuel and high level radioactive waste); 
or 
‘‘(B) the date that is 18 months after the 
date of enactment of this title. 
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‘‘Subtitle A—Establishment, 
Powers, and Organization 
‘‘SEC. 3101. ESTABLISHMENT. 
‘‘(a) IN GENERAL.—There is established a corpora-
tion, to be known as the ‘United States Nuclear Fuel Man-
agement Corporation’. 
‘‘(b) TREATMENT.—Except as otherwise provided in 
this title, the Corporation shall be— 
‘‘(1) a wholly owned Federal corporation, sub-
ject to chapter 91 of title 31, United States Code; 
and 
‘‘(2) considered to be a Federal agency. 
‘‘(c) CORPORATE OFFICES.— 
‘‘(1) IN GENERAL.—The Corporation shall— 
‘‘(A) for the service of process and papers, 
maintain an office in the District of Columbia; 
and 
‘‘(B) for purposes of venue in civil actions, 
be considered to be a resident of the District of 
Columbia. 
‘‘(2) OTHER OFFICES.—The Corporation may 
establish offices in such other locations as the Cor-
poration determines to be appropriate. 
‘‘SEC. 3102. POWERS. 
‘‘(a) IN GENERAL.—The Corporation— 
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‘‘(1) except as otherwise provided in this title or 
applicable Federal law, shall have all the powers of 
a private corporation incorporated under the District 
of Columbia Business Corporation Act (D.C. Code 
section 29–301 et seq.); 
‘‘(2) shall have the priority of the United States 
with respect to the payment of debts from bankrupt, 
insolvent, and decedent persons or estates; 
‘‘(3) may obtain from the Administrator of 
General Services the services provided by the Admin-
istrator to Federal agencies on the same basis as 
those services are so provided; 
‘‘(4) shall have the authority to manage spent 
nuclear fuel, provide for the management of spent 
nuclear fuel by others, and acquire spent nuclear 
fuel or materials necessary for the management of 
spent nuclear fuel; 
‘‘(5) shall have the authority necessary to carry 
out, in accordance with subsection (b), the activities, 
obligations, and use of resources of the Federal Gov-
ernment with respect to spent nuclear fuel manage-
ment, including the duties and powers of— 
‘‘(A) the Secretary relating to the Nuclear 
Waste Fund; and 
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‘‘(B) the Office of Civilian Radioactive 
Waste Management under section 304 of that 
Act (42 U.S.C. 10224); and 
‘‘(6) shall consider the spent nuclear fuel man-
agement and related services for defense-related 
spent nuclear fuel and high level radioactive waste 
and nuclear fuels identified by the National Spent 
Nuclear Fuel Program of the Department. 
‘‘(b) INCLUSIONS.—The authority of the Corporation 
described in subsection (a)(5) includes authority— 
‘‘(1) for the identification, development, licens-
ing, construction, operation, decommissioning, and 
post-decommissioning maintenance and monitoring 
of any repository, interim storage facility, monitored 
retrievable storage facility, reprocessing facility, fuel 
fabrication facility, or test and evaluation facility 
constructed under title III of the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10221 et seq.), except 
that the limitations imposed on a monitored retriev-
able storage facility under section 141(g) of that Act 
(42 U.S.C. 10161(g)) shall not apply to an interim 
storage facility developed by the Corporation; 
‘‘(2) for the administration of the high-level ra-
dioactive waste disposal program of the Department; 
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‘‘(3) to enter into a new spent fuel disposal con-
tract under section 302(a) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(a)) for a com-
mercial nuclear power reactor not yet licensed by the 
Nuclear Regulatory Commission; 
‘‘(4) to assume all responsibilities of the De-
partment under spent fuel disposal contracts in ex-
istence on the date of enactment of this title, except 
that (as provided in section 3205) liability for failure 
to perform under those contracts shall not be as-
sumed by the Corporation until the date that is 10 
years after the license termination date of the reac-
tor for which a contract applies; and 
‘‘(5) to recommend changes to the nuclear 
waste fee provided by section 302(a)(4) of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C. 
10222(a)(4)) and spent fuel disposal contracts, ex-
cept that the Corporation may not implement any 
changes in the fee schedule except as provided in 
section 3201; 
‘‘(6) for the acquisition, design, modification, 
replacement, operation, and construction of facilities 
at a repository site, reprocessing facility site, reproc-
essed fuel fabrication facility site, monitored retriev-
able storage site, or test and evaluation facility site 
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