S 3661 ISCommentsClose CommentsPermalink

To amend the Atomic Energy Act of 1954 to establish a United States Nuclear Fuel Management Corporation, and for other purposes.CommentsClose CommentsPermalink

October 1 (legislative day, September 17), 2008CommentsClose CommentsPermalink

Mr. VOINOVICH (for himself, Mr. DOMENICI, Ms. MURKOWSKI, Mrs. DOLE, and Mr. ALEXANDER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Atomic Energy Act of 1954 to establish a United States Nuclear Fuel Management Corporation, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘United States Nuclear Fuel Management Corporation Establishment Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. UNITED STATES NUCLEAR FUEL MANAGEMENT CORPORATION.

(a) In General- The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE III--UNITED STATES NUCLEAR FUEL MANAGEMENT CORPORATIONCommentsClose CommentsPermalink

‘SEC. 3001. PURPOSE.

‘The purpose of this title is to establish a corporation--CommentsClose CommentsPermalink





‘(1) to manage, on a self-sustaining and efficient basis, a spent nuclear fuel enterprise to eliminate the need for Federal funding (other than funding provided pursuant to this title) for the management of spent nuclear fuel;CommentsClose CommentsPermalink





‘(2) to assume responsibility for the activities, obligations, and resources of the Federal Government with respect to spent nuclear fuel management, including the duties and powers of--CommentsClose CommentsPermalink





‘(A) the Secretary relating to the Nuclear Waste Fund; andCommentsClose CommentsPermalink





‘(B) the Office of Civilian Radioactive Waste Management under section 304 of that Act (42 U.S.C. 10224);CommentsClose CommentsPermalink





‘(3) to ensure in the United States--CommentsClose CommentsPermalink





‘(A) the common defense and security; andCommentsClose CommentsPermalink





‘(B) the enforcement of laws and policies concerning nonproliferation of atomic weapons and other nonpeaceful uses of atomic energy;CommentsClose CommentsPermalink





‘(4) to advance technologies and facilities that will recycle spent nuclear fuel into useable reactor fuel which will--CommentsClose CommentsPermalink





‘(A) address global counterproliferation and counterterrorism;CommentsClose CommentsPermalink





‘(B) promote efficient utilization of nuclear fuel resources; andCommentsClose CommentsPermalink





‘(C) provide for safe, secure disposal of nuclear materials;CommentsClose CommentsPermalink





‘(5) to maintain a reliable and economical domestic source of spent nuclear fuel management services and sustain and expand the role of nuclear energy in meeting United States requirements for clean, safe, reliable, and affordable energy;CommentsClose CommentsPermalink





‘(6) to provide spent nuclear fuel management and related services to--CommentsClose CommentsPermalink





‘(A) the Department of Energy for governmental purposes; andCommentsClose CommentsPermalink





‘(B) domestic persons; andCommentsClose CommentsPermalink





‘(7) to carry out other activities to advance the purposes described in this section.CommentsClose CommentsPermalink

‘SEC. 3002. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) BOARD- The term ‘Board’ means the Board of Directors of the Corporation established under section 3103.CommentsClose CommentsPermalink





‘(2) CORPORATION- The term ‘Corporation’ means the United States Spent Nuclear Fuel Corporation established by section 3101(a).CommentsClose CommentsPermalink





‘(3) CORPORATION FUND- The term ‘Corporation Fund’ means the United States Nuclear Fuel Management Corporation Fund established by section 3107.CommentsClose CommentsPermalink





‘(4) DECOMMISSIONING; DECONTAMINATION- The terms ‘decommissioning’ and ‘decontamination’, with respect to an activity, include any activity other than a response action or corrective action carried out for purposes of decontaminating or decommissioning a facility for spent nuclear fuel management that has residual radioactive or mixed radioactive and hazardous chemical contamination (including depleted tailings).CommentsClose CommentsPermalink





‘(5) DEPARTMENT- The term ‘Department’ means the Department of Energy.CommentsClose CommentsPermalink





‘(6) NUCLEAR WASTE FUND- The term ‘Nuclear Waste Fund’ means the Nuclear Waste Fund established under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222).CommentsClose CommentsPermalink





‘(7) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink





‘(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)).CommentsClose CommentsPermalink





‘(9) SPENT NUCLEAR FUEL- The term ‘spent nuclear fuel’ means any nuclear fuel or highly radioactive waste that has been irradiated in a domestic, commercial nuclear power reactor pursuant to a spent fuel disposal contract.CommentsClose CommentsPermalink





‘(10) SPENT NUCLEAR FUEL MANAGEMENT- The term ‘spent nuclear fuel management’ means any activity involving--CommentsClose CommentsPermalink





‘(A) the storage, transportation, reprocessing, processing, treatment, fabrication, or sale of a product derived from spent nuclear fuel; orCommentsClose CommentsPermalink





‘(B) the disposal of spent nuclear fuel.CommentsClose CommentsPermalink





‘(11) TECHNOLOGY FOR SPENT NUCLEAR FUEL MANAGEMENT- The term ‘technology for spent nuclear fuel management’ means any technology used to transport, store, process, reprocess, or dispose of spent nuclear fuel.CommentsClose CommentsPermalink





‘(12) TRANSFER DATE- The term ‘transfer date’ means, with respect to any asset, property, right, liability, or obligation transferred from the Department to the Corporation pursuant to this title, the date selected by the Corporation and the Department for the transfer.CommentsClose CommentsPermalink

‘Subtitle A--Establishment, Powers, and OrganizationCommentsClose CommentsPermalink

‘SEC. 3101. ESTABLISHMENT.

‘(a) In General- There is established a corporation, to be known as the ‘United States Nuclear Fuel Management Corporation’.CommentsClose CommentsPermalink





‘(b) Treatment- Except as otherwise provided in this title, the Corporation shall be--CommentsClose CommentsPermalink





‘(1) a wholly owned Federal corporation, subject to chapter 91 of title 31, United States Code; andCommentsClose CommentsPermalink





‘(2) considered to be a Federal agency.CommentsClose CommentsPermalink





‘(c) Corporate Offices-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation shall--CommentsClose CommentsPermalink





‘(A) for the service of process and papers, maintain an office in the District of Columbia; andCommentsClose CommentsPermalink





‘(B) for purposes of venue in civil actions, be considered to be a resident of the District of Columbia.CommentsClose CommentsPermalink





‘(2) OTHER OFFICES- The Corporation may establish offices in such other locations as the Corporation determines to be appropriate.CommentsClose CommentsPermalink

‘SEC. 3102. POWERS.

‘(a) In General- The Corporation--CommentsClose CommentsPermalink





‘(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.).;CommentsClose CommentsPermalink





‘(2) shall have the priority of the United States with respect to the payment of debts from bankrupt, insolvent, and decedent persons or estates;CommentsClose CommentsPermalink





‘(3) may obtain from the Administrator of General Services the services provided by the Administrator to Federal agencies on the same basis as those services are so provided;CommentsClose CommentsPermalink





‘(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 to reprocess spent nuclear fuel or fabricate reactor fuel from spent nuclear fuel;CommentsClose CommentsPermalink





‘(5) shall have the authority necessary to carry out, in accordance with subsection (b), the activities, obligations, and use of resources of the Federal Government with respect to spent nuclear fuel management, including the duties and powers of--CommentsClose CommentsPermalink





‘(A) the Secretary relating to the Nuclear Waste Fund; andCommentsClose CommentsPermalink





‘(B) the Office of Civilian Radioactive Waste Management under section 304 of that Act (42 U.S.C. 10224); andCommentsClose CommentsPermalink





‘(6) shall--CommentsClose CommentsPermalink





‘(A) construct spent fuel reprocessing and fuel fabrication facilities required to conduct engineering-scale demonstrations of nuclear fuel reprocessing research and development conducted by the Department or by public or private organizations;CommentsClose CommentsPermalink





‘(B) use the facilities to develop the required licensing basis documentation and technical criteria necessary to obtain a construction and operating license from the Nuclear Regulatory Commission for full commercial-scale used nuclear fuel reprocessing and fuel fabrication facilities;CommentsClose CommentsPermalink





‘(C) develop used nuclear fuel reprocessing and fuel fabrication technologies the Corporation considers commercially promising that--CommentsClose CommentsPermalink





‘(i) do not seek to separate pure plutonium;CommentsClose CommentsPermalink





‘(ii) reduce the burden on geological repositories for ultimate waste disposal;CommentsClose CommentsPermalink





‘(iii) promote extraction of additional useful energy from used nuclear fuel through recycling or reuse; andCommentsClose CommentsPermalink





‘(iv) produce fuel for use in civilian nuclear power reactors; andCommentsClose CommentsPermalink





‘(D) use funds of the Corporation to license, construct, and operate the reprocessing and fuel fabrication demonstration facilities.CommentsClose CommentsPermalink





‘(b) Inclusions- The authority of the Corporation described in subsection (a)(5) includes authority--CommentsClose CommentsPermalink





‘(1) for the identification, development, licensing, 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 Policy Act of 1982 (42 U.S.C. 10221 et seq.), except that the limitations imposed on a monitored retrievable 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;CommentsClose CommentsPermalink





‘(2) for the administration of the high-level radioactive waste disposal program of the Department;CommentsClose CommentsPermalink





‘(3) to enter into a new spent fuel disposal contract under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) for a commercial nuclear power reactor not yet licensed by the Nuclear Regulatory Commission;CommentsClose CommentsPermalink





‘(4) to assume all responsibilities of the Department under spent fuel disposal contracts in existence 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 assumed by the Corporation until the date that is 15 years after the date of enactment of this title; andCommentsClose CommentsPermalink





‘(5) to recommend changes to the nuclear waste fee provided by section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) and spent fuel disposal contracts, except that the Corporation may not implement any changes in the fee schedule except as authorized by Act of Congress;CommentsClose CommentsPermalink





‘(6) for the acquisition, design, modification, replacement, operation, and construction of facilities at a repository site, reprocessing facility site, reprocessed fuel fabrication facility site, monitored retrievable storage site, or test and evaluation facility site necessary or incident to a repository, reprocessing facility, reprocessed fuel fabrication facility, monitored retrievable storage facility, or test and evaluation facility;CommentsClose CommentsPermalink





‘(7) to carry out such nongeneric research, development, and demonstration activities relating to evaluating, improving, and testing existing technologies for spent nuclear fuel management and related processes and activities as the Corporation considers to be necessary or advisable to achieve the purposes of this title;CommentsClose CommentsPermalink





‘(8) to carry out transactions regarding spent nuclear fuel management, uranium, enriched uranium, plutonium, other special nuclear material, fissionable nuclear material, fertile nuclear material, fission byproducts, actinides, or depleted uranium with any person--CommentsClose CommentsPermalink





‘(A) licensed under section 53, 63, 103, or 104, in accordance with the applicable license;CommentsClose CommentsPermalink





‘(B) in accordance with, and during the period provided for, an agreement for cooperation under section 123; orCommentsClose CommentsPermalink





‘(C) otherwise authorized by law to enter into a transaction described in subparagraph (A) or (B);CommentsClose CommentsPermalink





‘(9) to enter into contracts or other agreements with--CommentsClose CommentsPermalink





‘(A) any person licensed under section 53, 63, 103, or 104, for such period as the Corporation considers to be appropriate to provide services supporting the mission and purpose of the Corporation under this title; andCommentsClose CommentsPermalink





‘(B) the Department in accordance with this title for spent nuclear fuel management and related services that the Department determines to be required--CommentsClose CommentsPermalink





‘(i) to carry out Presidential directives and authorizations; andCommentsClose CommentsPermalink





‘(ii) to conduct other Department programs;CommentsClose CommentsPermalink





‘(10) to adopt, alter, and use a corporate seal, which shall be judicially noticed;CommentsClose CommentsPermalink





‘(11) to sue and be sued in the corporate name and be represented by an attorney in all administrative and judicial proceedings, including, on approval of the Attorney General, appeals from decisions of United States courts, except that the United States Court of Federal Claims shall have exclusive jurisdiction over a claim against the Corporation and a decision or action of the Corporation shall not be subject to review under section 119 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10139);CommentsClose CommentsPermalink





‘(12) to indemnify directors, officers, attorneys, agents, and employees of the Corporation for liabilities and expenses relating to corporate activities;CommentsClose CommentsPermalink





‘(13)(A) to acquire, purchase, lease, and hold real and personal property, including patents and proprietary data, as the Corporation determines to be necessary in the transaction of business; andCommentsClose CommentsPermalink





‘(B) to sell, lease, grant, and dispose of such real and personal property as the Corporation determines to be necessary to achieve the purposes of this title;CommentsClose CommentsPermalink





‘(14) on consent of each unit of government concerned, to employ the services, records, facilities, or personnel of any State or local government agency or instrumentality or voluntary or uncompensated personnel to perform appropriate functions on behalf of the Corporation;CommentsClose CommentsPermalink





‘(15) to enter into and carry out such contracts, leases, cooperative agreements, or other transactions as are necessary to conduct business, on a reimbursable basis, with--CommentsClose CommentsPermalink





‘(A) any Federal department or agency;CommentsClose CommentsPermalink





‘(B) any State, territory, or possession (or any political subdivision thereof) of the United States; orCommentsClose CommentsPermalink





‘(C) any individual, firm, association, or corporation;CommentsClose CommentsPermalink





‘(16) to determine the character of, and the necessity for, the obligations and expenditures of the Corporation and the manner in which the obligations and expenditures will be incurred, allowed, and paid, subject to this title and other Federal law specifically applicable to wholly owned Federal corporations;CommentsClose CommentsPermalink





‘(17) to retain and use the revenues of the Corporation to achieve the purposes of this title, including research and development and capital investment, in a manner that ensures that the retention and use shall not be subject to apportionment under subchapter II of chapter 15 of title 31, United States Code;CommentsClose CommentsPermalink





‘(18) to settle and adjust claims--CommentsClose CommentsPermalink





‘(A) held by the Corporation against other parties; orCommentsClose CommentsPermalink





‘(B) held by other parties against the Corporation;CommentsClose CommentsPermalink





‘(19) to accept gifts or donations of services and real, personal, mixed, tangible, or intangible property to achieve the purposes of this title;CommentsClose CommentsPermalink





‘(20) to execute, in accordance with applicable bylaws and regulations, appropriate instruments;CommentsClose CommentsPermalink





‘(21) to provide for liability insurance by contract or self-insurance; andCommentsClose CommentsPermalink





‘(22) subject to this subsection and section 3205, to pay any settlement or judgment entered against the Corporation from the Corporation Fund and not from funds made available pursuant to section 1304 of title 31, United States Code.CommentsClose CommentsPermalink





‘(c) Colocation With Interim Storage Facilities- If the Corporation determines that an interim used nuclear fuel storage facility is needed, the Corporation shall consider the colocation of commercial-scale used nuclear fuel recycling facilities with the interim storage facility in the siting and engineering of the interim storage facility.CommentsClose CommentsPermalink

‘SEC. 3103. BOARD OF DIRECTORS.

‘(a) In General- The Corporation shall be headed by a Board of Directors.CommentsClose CommentsPermalink





‘(b) Membership-CommentsClose CommentsPermalink





‘(1) APPOINTMENT- The Board shall be composed of 7 members, to be appointed by the President by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(2) CHAIRPERSON- The members of the Board shall elect 1 member to act as Chairperson of the Board.CommentsClose CommentsPermalink





‘(c) Qualifications- To be eligible to be appointed as a member of the Board, an individual--CommentsClose CommentsPermalink





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





‘(2) shall have management expertise relating to large organizations;CommentsClose CommentsPermalink





‘(3) shall not be an employee of the Corporation;CommentsClose CommentsPermalink





‘(4) shall make full disclosure to Congress of any investment or other financial interest that the individual holds in the energy industry;CommentsClose CommentsPermalink





‘(5) shall affirm support for the purposes of the Corporation; andCommentsClose CommentsPermalink





‘(6) may be a representative of and have fiduciary obligations to, 1 or more parties currently or previously contributing to the Nuclear Waste Fund or the Corporation Fund, with the association not considered a conflict of interest.CommentsClose CommentsPermalink





‘(d) Terms-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), a member of the Board shall serve for a term of not more than 5 years.CommentsClose CommentsPermalink





‘(2) INITIAL MEMBERS- Of the members first appointed to the Board--CommentsClose CommentsPermalink





‘(A) 1 shall be appointed for a 1-year term;CommentsClose CommentsPermalink





‘(B) 2 shall be appointed for a 2-year term;CommentsClose CommentsPermalink





‘(C) 2 shall be appointed for a 3-year term; andCommentsClose CommentsPermalink





‘(D) 2 shall be appointed for a 4-year term.CommentsClose CommentsPermalink





‘(3) REAPPOINTMENT- A member of the Board the term of service of whom has expired may be reappointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(4) EXPIRATION- A member of the Board the term of service of whom has expired may continue to serve on the Board until the earlier of--CommentsClose CommentsPermalink





‘(A) the date on which a successor member is appointed; andCommentsClose CommentsPermalink





‘(B) the date on which the session of Congress during which the term of the member expires ends.CommentsClose CommentsPermalink





‘(e) Vacancies- A vacancy on the Board--CommentsClose CommentsPermalink





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





‘(2) shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink





‘(f) Meetings- The Board shall meet in accordance with the bylaws of the Corporation--CommentsClose CommentsPermalink





‘(1) at the call of the Chairperson; andCommentsClose CommentsPermalink





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





‘(g) Quorum- 5 members of the Board shall constitute a quorum.CommentsClose CommentsPermalink





‘(h) Bylaws- A majority of the members of the Board may amend the bylaws of the Corporation.CommentsClose CommentsPermalink





‘(i) Compensation- A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board.CommentsClose CommentsPermalink

‘SEC. 3104. MANAGEMENT.

‘(a) Chief Executive Officer-CommentsClose CommentsPermalink





‘(1) APPOINTMENT- The Board shall appoint an individual to serve as chief executive officer of the Corporation.CommentsClose CommentsPermalink





‘(2) QUALIFICATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- To be eligible serve as chief executive officer of the Corporation, an individual--CommentsClose CommentsPermalink





‘(i) shall have senior executive-level management experience in large, complex organizations;CommentsClose CommentsPermalink





‘(ii) shall not--CommentsClose CommentsPermalink





‘(I) be a member of the Board; orCommentsClose CommentsPermalink





‘(II) have served as a member of the Board during the 2-year period ending on the date of appointment as chief executive officer; andCommentsClose CommentsPermalink





‘(iii) shall comply with the conflict of interest policy adopted by the Board.CommentsClose CommentsPermalink





‘(B) EXPERTISE- In appointing a chief executive officer, the Board shall give particular consideration to appointing an individual with--CommentsClose CommentsPermalink





‘(i) expertise in the nuclear industry; andCommentsClose CommentsPermalink





‘(ii) strong financial skills.CommentsClose CommentsPermalink





‘(3) TENURE- The chief executive officer shall serve at the pleasure of the Board.CommentsClose CommentsPermalink





‘(4) AUTHORITIES AND DUTIES- The chief executive officer shall--CommentsClose CommentsPermalink





‘(A) be responsible for the management of the Corporation; andCommentsClose CommentsPermalink





‘(B) report to, and be under the direct authority of, the Board.CommentsClose CommentsPermalink





‘(5) CORPORATE OFFICERS- The chief executive officer shall appoint such managers, assistant managers, employees, attorneys, and agents as are necessary to carry out the powers of the Corporation--CommentsClose CommentsPermalink





‘(A) with the advice and consent of the Board; andCommentsClose CommentsPermalink





‘(B) without regard to the civil service laws applicable to officers and employees of the United States.CommentsClose CommentsPermalink





‘(b) Compensation Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Without regard to section 5301 of title 5, United States Code, the Board shall establish--CommentsClose CommentsPermalink





‘(A) the duties of and compensation for all officers and employees of the Corporation; andCommentsClose CommentsPermalink





‘(B) a system of organization to describe those responsibilities and promote efficiency.CommentsClose CommentsPermalink





‘(2) APPLICABLE CRITERIA- The Board shall ensure that--CommentsClose CommentsPermalink





‘(A) officers and employees are appointed, promoted, and assigned on the basis of capability and fitness; andCommentsClose CommentsPermalink





‘(B) other personnel actions are consistent with the principles of fairness and due process, without regard to the provisions of title 5, United States Code, relating to appointments and other personnel actions in the competitive service.CommentsClose CommentsPermalink





‘(3) PROTECTION OF DEPARTMENT EMPLOYEES-CommentsClose CommentsPermalink





‘(A) PURPOSE- The purpose of this paragraph is to ensure that the establishment of the Corporation does not result in any inequitable effect on the employment rights, wages, or benefits of Department employees in carrying out the functions transferred from the Department to the Corporation pursuant to this title.CommentsClose CommentsPermalink





‘(B) MEASURES OF PROTECTION- The compensation, benefits, and other terms and conditions of employment in effect on the day before the applicable transfer date for activities previously carried out by the Department pursuant to any law or regulation shall continue to apply to officers and employees of the Department or any other Federal department or agency who are detailed to the Corporation until the date on which the officers or employees are no longer detailed to the Board.CommentsClose CommentsPermalink





‘(c) Transferees and Detailees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- On request of the Board and subject to the approval of the Secretary, an employee of the Department may be transferred or detailed to the Corporation in accordance with section 3112 without any loss in accrued benefits or standing within the Civil Service System.CommentsClose CommentsPermalink





‘(2) BENEFITS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An employee who accepts a transfer to the Corporation may elect--CommentsClose CommentsPermalink





‘(i) to have any accrued retirement benefits transferred to a retirement system established by the Corporation; orCommentsClose CommentsPermalink





‘(ii) to retain coverage under, as applicable--CommentsClose CommentsPermalink





‘(I) the Civil Service Retirement System; orCommentsClose CommentsPermalink





‘(II) the Federal Employees Retirement System.CommentsClose CommentsPermalink





‘(B) WITHHOLDING- With respect to an employee who elects to retain coverage under subparagraph (A)(ii), the Corporation shall--CommentsClose CommentsPermalink





‘(i) withhold a portion of the payment of the employee; andCommentsClose CommentsPermalink





‘(ii) use the amounts withheld to make such payments as are required under the applicable Federal retirement system.CommentsClose CommentsPermalink





‘(3) DETAILEES- The Department shall offer any employee of the Department who is detailed to the Board a position of like grade, compensation, and proximity to the official duty station of the employee beginning on the date on which the services of the employee are no longer required by the Corporation.CommentsClose CommentsPermalink

‘SEC. 3105. AUDITS.

‘(a) Independent Audits-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The financial statements of the Corporation shall be--CommentsClose CommentsPermalink





‘(A) prepared in accordance with generally accepted accounting principles; andCommentsClose CommentsPermalink





‘(B) audited annually by an independent certified public accountant in accordance with--CommentsClose CommentsPermalink





‘(i) auditing standards issued by the Comptroller General of the United States; andCommentsClose CommentsPermalink





‘(ii) generally accepted auditing standards of the private sector.CommentsClose CommentsPermalink





‘(2) REVIEW BY GAO- The Comptroller General--CommentsClose CommentsPermalink





‘(A) may review any audit under paragraph (1); andCommentsClose CommentsPermalink





‘(B) shall submit to Congress and the Corporation a report describing the results of each review under subparagraph (A), including appropriate recommendations, if any.CommentsClose CommentsPermalink





‘(b) GAO Audits-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Comptroller General may audit the financial statements of the Corporation for any year in accordance with subsection (a)(1).CommentsClose CommentsPermalink





‘(2) REIMBURSEMENT BY CORPORATION- The Corporation shall reimburse the Comptroller General for the cost of any audit conducted under this subsection, as determined by the Comptroller General.CommentsClose CommentsPermalink





‘(c) Availability of Books and Records- Subject to section 3111, all books, accounts, financial records, reports, files, papers, and other property belonging to, or in use by, the Corporation or an auditor of the Corporation that the Comptroller General considers to be necessary to conduct an audit or review under this section shall be made available to the Comptroller General.CommentsClose CommentsPermalink





‘(d) Treatment of GAO Audits- An audit or review by the Comptroller General under this section shall be in lieu of any other audit of the financial transactions of the Corporation required to be carried out by the Comptroller General under chapter 91 of title 31, United States Code, or other applicable law.CommentsClose CommentsPermalink

‘SEC. 3106. ANNUAL REPORTS.

‘(a) In General- Not less frequently than once each year, the Corporation shall submit to the President and Congress a report describing the activities carried out by the Corporation during the preceding fiscal year, including--CommentsClose CommentsPermalink





‘(1) a general description of the operations of the Corporation;CommentsClose CommentsPermalink





‘(2) a summary of the operating and financial performance of the Corporation, including an explanation of the decision whether to pay dividends; andCommentsClose CommentsPermalink





‘(3) a copy of each audit report prepared for the applicable fiscal year under section 3105.CommentsClose CommentsPermalink





‘(b) Deadline- A report under subsection (a) shall--CommentsClose CommentsPermalink





‘(1) be completed by not later than 150 days after the end of each fiscal year of the Corporation; andCommentsClose CommentsPermalink





‘(2) accurately reflect the financial position of the Corporation as of that date.CommentsClose CommentsPermalink

‘SEC. 3107. UNITED STATES NUCLEAR FUEL MANAGEMENT CORPORATION FUND.

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is established in the Treasury of the United States a revolving fund, to be known as the ‘United States Nuclear Fuel Management Corporation Fund’--CommentsClose CommentsPermalink





‘(A) to be made available to the Corporation to carry out this title without appropriation or fiscal year limitation; andCommentsClose CommentsPermalink





‘(B) which shall not be subject to apportionment under subchapter II of chapter 15 of title 31, United States Code.CommentsClose CommentsPermalink





‘(b) Transfer of Unexpended Balances- On the applicable transfer date, the Secretary shall deposit in the Corporation Fund, without further appropriation, the unexpended balance of appropriations and other funds available to the Department (including funds set aside for accounts payable), and accounts receivable, relating to functions and activities assumed by the Corporation from the Department pursuant to this title, including all advance payments.CommentsClose CommentsPermalink





‘(c) Nuclear Waste Fund Transfer- The Secretary of the Treasury, without further appropriation, shall deposit in the Corporation Fund the unexpended balance of the Nuclear Waste Fund in accordance with the following schedule:CommentsClose CommentsPermalink





‘(1) On the date of enactment of this title, any unfunded balance of the unexpended balance shall be credited to the Corporation Fund as an unfunded asset, which will continue to accrue interest at rates and maturities determined by the Secretary of Treasury, including--CommentsClose CommentsPermalink





‘(A) all receipts, proceeds, and recoveries received by the Nuclear Waste Fund under subsections (a), (b), and (e) of section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222); andCommentsClose CommentsPermalink





‘(B) any appropriations made to the Nuclear Waste Fund.CommentsClose CommentsPermalink





‘(2) Beginning on the date of enactment of this title, all receipts, proceeds, interest, and recoveries received on or after that date under subsections (a), (b), and (e) of section 302 of that Act (42 U.S.C. 10222).CommentsClose CommentsPermalink





‘(d) Use of Corporation Fund-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation may make expenditures from the Corporation Fund only to carry out the purposes of this title.CommentsClose CommentsPermalink





‘(2) RELATIONSHIP TO OTHER PROVISIONS- Expenditures from the Corporation Fund shall not be subject to section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)).CommentsClose CommentsPermalink





‘(e) Administration of Corporation Fund-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of the Treasury shall--CommentsClose CommentsPermalink





‘(A) administer the Corporation Fund; andCommentsClose CommentsPermalink





‘(B) in consultation with the Corporation, submit to Congress annual reports describing the financial condition and operations of the Corporation Fund during the preceding fiscal year.CommentsClose CommentsPermalink





‘(2) TREATMENT- The Corporation Fund shall not be subject to--CommentsClose CommentsPermalink





‘(A) the allocations for discretionary spending under section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)); orCommentsClose CommentsPermalink





‘(B) the suballocations of appropriations committees under section 302(b) of that Act (2 U.S.C. 633(b)).CommentsClose CommentsPermalink





‘(3) INVESTMENT- If the Corporation determines that the Corporation Fund contains at any time amounts in excess of the needs of the Corporation, the Corporation may request the Secretary of the Treasury to invest such portion of the excess amounts as the Corporation determines to be appropriate in obligations of the United States--CommentsClose CommentsPermalink





‘(A) having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Corporation Fund; andCommentsClose CommentsPermalink





‘(B) bearing interest at rates determined to be appropriate by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of the investments, except that the interest rate on the investments shall not exceed the average interest rate applicable to existing borrowings.CommentsClose CommentsPermalink





‘(4) ANNUAL APPORTIONMENT- Receipts, proceeds, and recoveries realized by the Corporation under this section and expenditures of amounts from the Corporation Fund shall be exempt from annual apportionment under section 1511 of title 31, United States Code.CommentsClose CommentsPermalink





‘(5) INSUFFICIENT AMOUNTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If at any time amounts available in the Corporation Fund are insufficient to enable the Corporation to carry out this title, the Corporation shall issue to the Secretary of the Treasury obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be agreed to by the Corporation and the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(B) REDEMPTION- Redemption of an obligation under subparagraph (A) shall be made by the Corporation from amounts available in the Corporation Fund.CommentsClose CommentsPermalink





‘(C) INTEREST- Obligations under subparagraph (A) shall bear interest at a rate determined by the Secretary of the Treasury, which shall be not less than a rate determined taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations under this paragraph.CommentsClose CommentsPermalink





‘(D) PURCHASE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary of the Treasury shall purchase any obligations issued under this paragraph, using as a public debt transaction the proceeds from the sale of any securities issued under section 3101 of title 31, United States Code.CommentsClose CommentsPermalink





‘(ii) TREATMENT- The purposes for which securities may be issued under section 3101 of title 31, United States Code, shall be considered to include any purchase of an obligation under this subparagraph.CommentsClose CommentsPermalink





‘(E) SALE- The Secretary of the Treasury may at any time sell an obligation acquired pursuant to this paragraph.CommentsClose CommentsPermalink





‘(F) TREATMENT- Each redemption, purchase, and sale by the Secretary of the Treasury of an obligation under this paragraph shall be considered to be a public debt transaction of the United States.CommentsClose CommentsPermalink





‘(6) REPAYMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any appropriated amounts deposited in the Corporation Fund for a purpose described in subsection 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) shall be repaid into the general fund of the Treasury, together with interest accrued during the period beginning on the date on which the amounts are made available and ending on the date of repayment.CommentsClose CommentsPermalink





‘(B) INTEREST- The interest required under subparagraph (A) shall be an amount equal to the difference between--CommentsClose CommentsPermalink





‘(i) the cumulative amount of appropriations available to the Corporation Fund; andCommentsClose CommentsPermalink





‘(ii) the average undisbursed cash balance in the Corporation Fund for the applicable fiscal year.CommentsClose CommentsPermalink





‘(C) RATE- The rate of interest under this paragraph shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding the first date of each fiscal year on outstanding marketable obligations of the United States of comparable maturity.CommentsClose CommentsPermalink





‘(D) DEFERRAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An interest payment under this paragraph may be deferred on approval of the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(ii) INTEREST- An interest payment deferred under clause (i) shall bear interest.CommentsClose CommentsPermalink

‘SEC. 3108. ISSUANCE OF BONDS.

‘(a) Issuance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation may issue and sell bonds, notes, and other evidences of indebtedness (referred to in this section as ‘bonds’).CommentsClose CommentsPermalink





‘(2) USE OF REVENUE- The Corporation may pledge and use revenues of the Corporation for--CommentsClose CommentsPermalink





‘(A) payment of the principal and interest on the bonds;CommentsClose CommentsPermalink





‘(B) purchase or redemption of additional bonds; andCommentsClose CommentsPermalink





‘(C) other purposes incidental to the functions described in subparagraphs (A) and (B), including creation of reserve funds and other funds that may be similarly pledged and used.CommentsClose CommentsPermalink





‘(3) AGREEMENTS WITH HOLDERS AND TRUSTEES- The Corporation may enter into binding agreements with the holders and trustees of bonds with respect to activities to enhance the marketability of the bonds, including--CommentsClose CommentsPermalink





‘(A) the establishment of reserve funds and other funds;CommentsClose CommentsPermalink





‘(B) stipulations concerning the subsequent issuance of bonds; andCommentsClose CommentsPermalink





‘(C) other activities in accordance with this title.CommentsClose CommentsPermalink





‘(b) Not Obligations of United States-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A bond issued by the Corporation under this section shall not be considered to be an obligation of, or guaranteed as to principal or interest by, the United States.CommentsClose CommentsPermalink





‘(2) NOTICE- Each bond of the Corporation shall contain a notice of the consideration described in paragraph (1).CommentsClose CommentsPermalink





‘(c) Terms and Conditions-CommentsClose CommentsPermalink





‘(1) NEGOTIABILITY; MATURITY- A bond issued by the Corporation under this section shall--CommentsClose CommentsPermalink





‘(A) be a negotiable instrument unless otherwise specified in the bond; andCommentsClose CommentsPermalink





‘(B) mature not later than 50 years after the date of issuance.CommentsClose CommentsPermalink





‘(2) ROLE OF SECRETARY OF TREASURY-CommentsClose CommentsPermalink





‘(A) RIGHT OF DISAPPROVAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 15 days after the date on which the Corporation submits to the Secretary of the Treasury a notification of the establishment of a term or condition on a bond under this section described in clause (ii), the Secretary of the Treasury may disapprove the term or condition.CommentsClose CommentsPermalink





‘(ii) DESCRIPTION- The terms and conditions referred to in clause (i) are terms and conditions relating to--CommentsClose CommentsPermalink





‘(I) the form or denomination of a bond;CommentsClose CommentsPermalink





‘(II) the time, amount, or price at which a bond is sold;CommentsClose CommentsPermalink





‘(III) the rate of interest of the bond;CommentsClose CommentsPermalink





‘(IV) the terms by which the bond may be redeemed by the Corporation before maturity;CommentsClose CommentsPermalink





‘(V) the priority of claims on the net revenues of the Corporation with respect to principal and interest payments; andCommentsClose CommentsPermalink





‘(VI) any other term or condition the Secretary of the Treasury determines to be appropriate.CommentsClose CommentsPermalink





‘(B) INAPPLICABILITY OF RIGHT TO PRESCRIBE TERMS- Section 9108(a) of title 31, United States Code, shall not apply to the Corporation.CommentsClose CommentsPermalink





‘(d) Inapplicability of Securities Requirements- The Corporation--CommentsClose CommentsPermalink





‘(1) shall be considered to be an executive department of the United States for purposes of section 3(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(c)); andCommentsClose CommentsPermalink





‘(2) may register the securities and maintain the books of the Corporation in accordance with--CommentsClose CommentsPermalink





‘(A) the Securities Act of 1933 (15 U.S.C. 77a et seq.);CommentsClose CommentsPermalink





‘(B) the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); andCommentsClose CommentsPermalink





‘(C) applicable regulations of the Securities and Exchange Commission.CommentsClose CommentsPermalink





‘(e) Use of Federal Financing Bank- The Corporation may issue or sell any bond to the Federal Financing Bank.CommentsClose CommentsPermalink

‘SEC. 3109. EXEMPTION FROM TAXATION AND PAYMENTS IN LIEU OF TAXES.

‘(a) Exemption From Taxation- The Corporation shall be exempt from taxation in any manner or form by any State, county, or other entity of local government, including State, county, or local sales tax.CommentsClose CommentsPermalink





‘(b) Payments in Lieu of Taxes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation shall make annual payments, in such amounts as the Corporation determines to be fair and reasonable, to each State and local governmental agency with tax jurisdiction over any area in which a facility of the Corporation is located.CommentsClose CommentsPermalink





‘(2) DETERMINATION- In making a determination under paragraph (1), the Corporation shall take into consideration--CommentsClose CommentsPermalink





‘(A) the customs and practices prevailing in the applicable area with respect to appraisal, assessment, and classification of industrial property and any special considerations extended to large-scale industrial operations; andCommentsClose CommentsPermalink





‘(B) the requirement that any payment made to a taxing authority for any period shall be not less than the payments that would have been made to the taxing authority for the same period by the Department and contractors of the Department on behalf of the Department with respect to property and operations of the Corporation.CommentsClose CommentsPermalink





‘(c) Time of Payments- Each payment under this section shall be made by the Corporation on the date on which payments of taxes by taxpayers to each taxing authority are due and payable.CommentsClose CommentsPermalink





‘(d) Determination of Amount Due- A determination by the Corporation of an amount due under this section shall be final and conclusive.CommentsClose CommentsPermalink

‘SEC. 3110. NONAPPLICABILITY OF CERTAIN FEDERAL LAW.

‘(a) Antitrust Laws- The Corporation shall not be subject to--CommentsClose CommentsPermalink





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





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





‘(3) section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).CommentsClose CommentsPermalink





‘(b) Environmental, Occupational, and Public Health and Safety Licensing Laws-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





‘(2) JURISDICTION- The Commission shall have exclusive jurisdiction over the facilities and operations of the Corporation with respect to licensing, permitting, rulemaking, compliance, or operations under all Federal, State, interstate, and local environmental, occupational, and public health and safety laws.CommentsClose CommentsPermalink





‘(3) ENFORCEMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A requirement included in a license of the Commission or a substantive requirement (including any injunctive relief, administrative order, or civil or administrative penalty or fine) may be enforced against the Corporation only by the Commission (or a designee).CommentsClose CommentsPermalink





‘(B) WAIVER- The United States waives any immunity otherwise applicable to the Corporation.CommentsClose CommentsPermalink





‘(c) Energy Reorganization Act Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation shall be subject to section 210 of the Energy Reorganization Act of 1974 (42 U.S.C. 5850).CommentsClose CommentsPermalink





‘(2) LEASED FACILITIES- With respect to the operation of any facility leased by the Corporation, section 206 of that Act (42 U.S.C. 5846) shall apply to the directors and officers of the Corporation.CommentsClose CommentsPermalink





‘(d) Exemption From Federal Property and Procurement Requirements- The Corporation shall not be subject to--CommentsClose CommentsPermalink





‘(1) subtitle I of title 40, United States Code;CommentsClose CommentsPermalink





‘(2) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); orCommentsClose CommentsPermalink





‘(3) any other law requiring conformance with the Federal Acquisition Regulations contained in title 48, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(e) Export Control Laws- No transaction of the Corporation shall be subject to the export control laws if the transaction is carried out in accordance with an agreement between the United States and a foreign country.CommentsClose CommentsPermalink

‘SEC. 3111. PROTECTION OF INFORMATION.

‘(a) In General- Subject to subsection (b), the Corporation shall protect information classified under this Act, trade secrets, and commercial or financial information to the same extent as a Federal agency or private corporation, in accordance with applicable law, including section 1905 of title 18, United States Code.CommentsClose CommentsPermalink





‘(b) Other Applicable Laws- Section 552(d) of title 5, United States Code, shall not apply to the Corporation.CommentsClose CommentsPermalink

‘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 date on which a quorum of the Board has been appointed under section 3103.CommentsClose CommentsPermalink





‘(b) Duties-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Transition Manager shall carry out the powers and duties of the Board, including any activity required to transfer spent nuclear fuel management obligations, functions, personnel, and funds from the Secretary to the Corporation effective on the transition date.CommentsClose CommentsPermalink





‘(2) CONTINUATION UNTIL QUORUM- The Transition Manager shall carry out this section regardless of whether a quorum of the Board is appointed under section 3103 by the transition date.CommentsClose CommentsPermalink





‘(c) Ratification of Actions- Each action carried out by the Transition Manager shall be subject to ratification by the Board.CommentsClose CommentsPermalink





‘(d) Responsibilities of Secretary- During the period beginning on the date of enactment of this title and ending on the transition date, the Secretary shall--CommentsClose CommentsPermalink





‘(1) retain responsibility for spent nuclear fuel management in accordance with applicable Federal law;CommentsClose CommentsPermalink





‘(2) to the extent provided in appropriations Acts, provide funds to the Transition Manager to pay relevant salaries and expenses;CommentsClose CommentsPermalink





‘(3) assign employees of the Department to assist the Transition Manager in carrying out this section; andCommentsClose CommentsPermalink





‘(4) assist and cooperate with the Transition Manager in preparing for the transfer to the Corporation of spent nuclear fuel management functions of the Department on the transition date.CommentsClose CommentsPermalink





‘(e) Detail of Personnel-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Beginning on the date of the enactment of this title, for the purpose of achieving continuity of operations, maintenance, and authority, the Secretary shall detail in an acting capacity, for a period of not more than 18 months, appropriate personnel of the Department as the Secretary determines to be necessary until the later of--CommentsClose CommentsPermalink





‘(A) the date on which each member of the Board is appointed; andCommentsClose CommentsPermalink





‘(B) the date on which the head officers of the Corporation are hired.CommentsClose CommentsPermalink





‘(2) REIMBURSEMENT- The Corporation shall reimburse the Secretary and any applicable contractor of the Department for the detail of personnel under paragraph (1).CommentsClose CommentsPermalink

‘SEC. 3113. WORKING CAPITAL ACCOUNT.

‘The Board shall establish within the Corporation an account, to be known as the ‘Working Capital Account’, in which the Corporation may retain all revenue necessary for legitimate business expenses or investments of the Corporation in carrying out this title.CommentsClose CommentsPermalink

‘Subtitle B--Rights, Privileges, and AssetsCommentsClose CommentsPermalink

‘SEC. 3201. MARKETING AND CONTRACTING AUTHORITY.

‘(a) Exclusive Marketing Agent-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) EFFECT ON DEPARTMENT- Beginning on the transition date, the Department may not market spent nuclear fuel management or any related service.CommentsClose CommentsPermalink





‘(b) Transfer of Contracts- Each spent nuclear fuel management contract, agreement, and lease executed by the Department before the transition date relating to spent nuclear fuel management or a related service shall be transferred to the Corporation.CommentsClose CommentsPermalink

‘SEC. 3202. PRICING.

‘(a) Services Provided to Commercial Customers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation shall establish 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--CommentsClose CommentsPermalink





‘(A) recover the costs of the Corporation; andCommentsClose CommentsPermalink





‘(B) operate on a self-sustaining basis.CommentsClose CommentsPermalink





‘(2) APPROVAL- Each price established under paragraph (1) shall be subject to review and approval by the Board.CommentsClose CommentsPermalink





‘(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 services.CommentsClose CommentsPermalink

‘SEC. 3203. ACQUISITION OF DEPARTMENT LAND AND FACILITIES.

‘(a) In General- The Corporation--CommentsClose CommentsPermalink





‘(1) shall have the exclusive option to lease or otherwise access required portions of Department or other Federal land (other than land within the National Park System, the National Forest System, or the National Wildlife Refuge System or land managed by the Bureau of land Management that is within a conservation system unit), facilities, and property useful for spent nuclear fuel management purposes, including property or facilities of the Department necessary for storage, processing, or fuel fabrication involving materials containing plutonium; andCommentsClose CommentsPermalink





‘(2) may acquire or lease any required portion of State or private land, facilities, or property useful for spent nuclear fuel management purposes.CommentsClose CommentsPermalink





‘(b) Terms of Lease-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation and the Department shall establish mutually agreeable terms for any lease under subsection (a)(1), including specifying annual payments to be made to the Department by the Corporation.CommentsClose CommentsPermalink





‘(2) PAYMENTS- The amount of annual payments for a lease under subsection (a)(1) shall be equal to the cost incurred by the Department in administering the lease and providing to the Corporation services relating to the lease (excluding depreciation and imputed interest on original plant investments and costs under subsection (c)).CommentsClose CommentsPermalink





‘(c) Department Responsibility for Preexisting Conditions- The payment of any costs of decontamination and decommissioning, actions for response (as defined in section 101 of the Comprehensive Environmental 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 existing before the transition date, in connection with property of the Department leased under subsection (a)(1), shall remain the sole responsibility of the Department.CommentsClose CommentsPermalink





‘(d) Environmental Audit- The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall conduct a comprehensive environmental audit to identify the environmental conditions that will remain the responsibility of the Department under subsection (c) after leasing the applicable land or facility.CommentsClose CommentsPermalink





‘(e) Treatment Under Price-Anderson- Any lease executed between the Secretary and the Corporation under this section shall be considered to be a contract for purposes of section 170 d.CommentsClose CommentsPermalink





‘(f) Waiver of EIS Requirement- A lease executed 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 environment for purposes of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).CommentsClose CommentsPermalink

‘SEC. 3204. PATENTS AND INVENTIONS.

‘(a) Grant of Rights-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Corporation may use--CommentsClose CommentsPermalink





‘(A) efficacious and economical processes for spent nuclear fuel management; andCommentsClose CommentsPermalink





‘(B) any method of improving the production of nuclear power.CommentsClose CommentsPermalink





‘(2) INFRINGEMENT- Except as provided in paragraph (3), an owner of a patent the patent rights of which are copied, used, infringed, or employed by the Corporation pursuant to this subsection 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 reasonable compensation for the infringement.CommentsClose CommentsPermalink





‘(3) FEDERAL EMPLOYEES- This section shall not apply to any art, machine, method of manufacture, or composition of matter discovered or invented by an employee during the period of employment by the Corporation or the Federal Government.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Research and Development- On request of the Corporation, the Secretary shall provide, on a reimbursable basis, research and development of alternative technologies for spent nuclear fuel management.CommentsClose CommentsPermalink

‘SEC. 3205. LIABILITIES.

‘(a) Liabilities Based on Operations Before Transition- Except as otherwise provided in this title, each liability attributable to spent nuclear fuel management or property transferred to the Corporation before the applicable transition date shall remain a liability of the Department.CommentsClose CommentsPermalink





‘(b) Judgments Based on Operations Before Transition- Except as otherwise agreed to by the Corporation and the Department, a judgment entered against the Department imposing liability arising out of a spent nuclear fuel management obligation of the Department 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.CommentsClose CommentsPermalink





‘(c) Representation- With respect to any claim to impose liability under subsection (a) or (b)--CommentsClose CommentsPermalink





‘(1) the United States shall be represented by the Department of Justice; andCommentsClose CommentsPermalink





‘(2) the Corporation shall be represented by a counsel selected by the Corporation.CommentsClose CommentsPermalink





‘(d) Judgments and Liabilities Based on Operations After Transition-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as otherwise provided in this subsection, a judgment entered against the Corporation arising from operations of the Corporation on or after the transition date shall be payable solely by the Corporation from funds of the Corporation.CommentsClose CommentsPermalink





‘(2) EXISTING SPENT FUEL DISPOSAL CONTRACTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Paragraph (1) shall not apply to a liability or judgment that--CommentsClose CommentsPermalink





‘(i) is based on a spent fuel disposal contract in existence on the date of enactment of this title; andCommentsClose CommentsPermalink





‘(ii) accrues during the 15 year-period beginning on the date of enactment of this title.CommentsClose CommentsPermalink





‘(B) PAYMENT- A liability or judgment described in subparagraph (A) shall continue to be--CommentsClose CommentsPermalink





‘(i) the responsibility of the Department; andCommentsClose CommentsPermalink





‘(ii) payable pursuant to section 1304 of title 31, United States Code.CommentsClose CommentsPermalink





‘(3) RELATIONSHIP TO OTHER PROVISIONS- Payments from the funds of the Corporation described 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)).CommentsClose CommentsPermalink





‘(4) TREATMENT- The Corporation shall not be considered to be a Federal agency for purposes of chapter 171 of title 28, United States Code.CommentsClose CommentsPermalink

‘SEC. 3206. PREDEPLOYMENT ACTIVITIES BY CORPORATION.

‘The Corporation, in coordination with the Department, may carry out such activities as are necessary to prepare for the provision of spent nuclear fuel management services, including--CommentsClose CommentsPermalink





‘(1) completion of preapplication activities with the Commission;CommentsClose CommentsPermalink





‘(2) confirmation of technical performance;CommentsClose CommentsPermalink





‘(3) validation of economic projections;CommentsClose CommentsPermalink





‘(4) completion of feasibility and risk studies;CommentsClose CommentsPermalink





‘(5) initiation of preliminary plant design and engineering; andCommentsClose CommentsPermalink





‘(6) site selection, site characterization, and environmental documentation activities.CommentsClose CommentsPermalink

‘SEC. 3207. CONSTRUCTION OF FACILITIES.

‘(a) Establishment- If the Corporation elects to proceed with the construction of a facility for spent nuclear fuel management, the Corporation may enter into a contract with 1 or more contractors for the construction.CommentsClose CommentsPermalink





‘(b) Transactions Between Corporation and Contractors-CommentsClose CommentsPermalink





‘(1) GRANTS- The Corporation may make grants or loans to 1 or more contractors to carry out any duty of the Corporation under this title.CommentsClose CommentsPermalink





‘(2) LICENSING AGREEMENT- The Corporation may license to a contractor any right, title, or interest of the Corporation under this title.CommentsClose CommentsPermalink





‘(3) PURCHASE AGREEMENT- The Corporation may enter into a commitment to purchase any spent nuclear fuel management service, nuclear material, or fuel product produced at a facility operated by a contractor.CommentsClose CommentsPermalink





‘(4) ADDITIONAL ASSISTANCE- The Corporation may provide to a contractor such additional personnel, services, and equipment as the Corporation determines to be appropriate.CommentsClose CommentsPermalink

‘SEC. 3208. PRICE-ANDERSON COVERAGE.

‘(a) In General- Section 170 shall apply to any spent nuclear fuel management facility--CommentsClose CommentsPermalink





‘(1) owned or operated by, or under contract with, the Corporation;CommentsClose CommentsPermalink





‘(2) licensed under section 53, 63, or 103; andCommentsClose CommentsPermalink





‘(3) constructed after the date of enactment of this title.CommentsClose CommentsPermalink





‘(b) Indemnity Agreements- The Secretary, pursuant to section 170, may enter in to any indemnity agreement with the Corporation or a contractor of the Corporation as the Secretary determines to be necessary.CommentsClose CommentsPermalink

‘SEC. 3209. REFERENCES.

‘Any reference to the Commission or the Department contained in section 161 k., 221 a., or 230 shall be considered to include the Corporation.CommentsClose CommentsPermalink

‘SEC. 3210. SEVERABILITY.

‘If any provision of this title or the application of any such provision to any entity, person, or circumstance is for any reason judged by a court of competent jurisdiction to be invalid, the remainder of this title and the application of this title shall not be affected.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents of the Atomic Energy Act of 1054 (42 U.S.C. 2011 note) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Sec. 1. Short title.CommentsClose CommentsPermalink





‘Sec. 2. United States Nuclear Fuel Management Corporation.CommentsClose CommentsPermalink

‘TITLE III--UNITED STATES NUCLEAR FUEL MANAGEMENT CORPORATION

‘Sec. 3001. Purpose.CommentsClose CommentsPermalink





‘Sec. 3002. Definitions.CommentsClose CommentsPermalink

‘Subtitle A--Establishment, Powers, and Organization

‘Sec. 3101. Establishment.CommentsClose CommentsPermalink





‘Sec. 3102. Powers.CommentsClose CommentsPermalink





‘Sec. 3103. Board of Directors.CommentsClose CommentsPermalink





‘Sec. 3104. Management.CommentsClose CommentsPermalink





‘Sec. 3105. Audits.CommentsClose CommentsPermalink





‘Sec. 3106. Annual reports.CommentsClose CommentsPermalink





‘Sec. 3107. United States Nuclear Fuel Management Corporation Fund.CommentsClose CommentsPermalink





‘Sec. 3108. Issuance of bonds.CommentsClose CommentsPermalink





‘Sec. 3109. Exemption from taxation and payments in lieu of taxes.CommentsClose CommentsPermalink





‘Sec. 3110. Nonapplicability of certain Federal law.CommentsClose CommentsPermalink





‘Sec. 3111. Protection of information.CommentsClose CommentsPermalink





‘Sec. 3112. Transition and transfer requirements.CommentsClose CommentsPermalink





‘Sec. 3113. Working Capital Account.CommentsClose CommentsPermalink

‘Subtitle B--Rights, Privileges, and Assets

‘Sec. 3201. Marketing and contracting authority.CommentsClose CommentsPermalink





‘Sec. 3202. Pricing.CommentsClose CommentsPermalink





‘Sec. 3203. Acquisition of Department land and facilities.CommentsClose CommentsPermalink





‘Sec. 3204. Patents and inventions.CommentsClose CommentsPermalink





‘Sec. 3205. Liabilities.CommentsClose CommentsPermalink





‘Sec. 3206. Predeployment activities by Corporation.CommentsClose CommentsPermalink





‘Sec. 3207. Construction of facilities.CommentsClose CommentsPermalink





‘Sec. 3208. Price-Anderson coverage.CommentsClose CommentsPermalink





‘Sec. 3209. References.CommentsClose CommentsPermalink





‘Sec. 3210. Severability.’.CommentsClose CommentsPermalink