H. R. 5979
IN THE HOUSE OF REPRESENTATIVES
July 29, 2010
Mr. Upton (for himself, Mr. Bachus, Mr. Whitfield, Mrs. Myrick, Mr. Tim Murphy of Pennsylvania, Mr. Terry, Mrs. Biggert, and Mr. Latta) 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
To amend the Atomic Energy Act of 1954 to establish a United States Nuclear Fuel Management Corporation, and for other purposes.
This Act may be cited as the
United States Nuclear Fuel Management
Corporation Establishment Act of 2010.
United States Nuclear Fuel Management Corporation
The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by adding at the end the following:
United States Nuclear Fuel Management Corporation
The purpose of this title is to establish a corporation—
to implement integrated spent nuclear fuel management consistent with the policy of the Federal Government on a self-sustaining basis through the use of a spent nuclear fuel management enterprise that will eliminate the need for Federal funding (other than funding provided pursuant to this title);
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—
the Secretary relating to the Nuclear Waste Fund; and
the Office of Civilian Radioactive Waste Management under section 304 of that Act (42 U.S.C. 10224);
to ensure in the United States—
the common defense and security; and
compliance with laws and policies concerning nonproliferation of atomic weapons and other nonpeaceful uses of atomic energy;
to advance technologies and facilities to support all options for a long-term nuclear fuel cycle that will—
address global counterproliferation and counterterrorism;
promote efficient utilization of nuclear fuel resources; and
provide for safe, secure storage and disposal of nuclear materials;
to maintain a reliable and economical domestic source of spent nuclear fuel management services and sustain and support the expansion of nuclear energy in meeting United States requirements for clean, safe, reliable, and affordable energy;
to provide spent nuclear fuel management and related services to—
the Department of Energy for governmental purposes;
domestic persons; and
other entities, as determined by the President; and
to carry out other activities to advance the purposes described in this section.
In this title:
The term Board means the Board of Directors of the Corporation established under section 3103.
The term Corporation means the United States Spent Nuclear Fuel Corporation established by section 3101(a).
The term Corporation Fund means the United States Nuclear Fuel Management Corporation Fund established by section 3107.
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).
The term Department means the Department of Energy.
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).
The term Secretary means the Secretary of Energy.
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)).
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.
Spent nuclear fuel management
The term spent nuclear fuel management means any activity involving the disposal, storage, transportation, reprocessing, processing, treatment, fabrication, or sale of spent nuclear fuel or a product derived from spent nuclear fuel.
The term stakeholder organization means any organization that as of the date of enactment of this title is contributing or has contributed to the Nuclear Waste Fund.
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.
The term transfer date means the earlier of—
the transfer date of the last asset, property, right, liability, or obligation transferred from the Secretary to the Corporation under this title (other than liabilities or obligations arising under contracts to dispose of spent nuclear fuel and high level radioactive waste); or
the date that is 18 months after the date of enactment of this title.
Establishment, powers, and organization
There is established a corporation, to be known as the
United States Nuclear Fuel Management Corporation.
Except as otherwise provided in this title, the Corporation shall be—
a wholly owned Federal corporation, subject to chapter 91 of title 31, United States Code; and
considered to be a Federal agency.
The Corporation shall—
for the service of process and papers, maintain an office in the District of Columbia; and
for purposes of venue in civil actions, be considered to be a resident of the District of Columbia.
The Corporation may establish offices in such other locations as the Corporation determines to be appropriate.
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.);
shall have the priority of the United States with respect to the payment of debts from bankrupt, insolvent, and decedent persons or estates;
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;
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;
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—
the Secretary relating to the Nuclear Waste Fund; and
the Office of Civilian Radioactive Waste Management under section 304 of that Act (42 U.S.C. 10224); and
shall consider the spent nuclear fuel management 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.
The authority of the Corporation described in subsection (a)(5) includes authority—
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;
for the administration of the high-level radioactive waste disposal program of the Department;
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;
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 10 years after the license termination date of the reactor for which a contract applies; and
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 provided in section 3201;
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;
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;
to carry out transactions regarding spent nuclear fuel, uranium, enriched uranium, plutonium, other special nuclear material, fissionable nuclear material, fertile nuclear material, fission byproducts, actinides, or depleted uranium with any person—
licensed under section 53, 63, 103, or 104, in accordance with the applicable license;
in accordance with, and during the period provided for, an agreement for cooperation under section 123; or
otherwise authorized by law to enter into a transaction described in subparagraph (A) or (B);
to enter into contracts or other agreements with—
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; and
the Department in accordance with this title for spent nuclear fuel management and related services that the Department determines to be required—
to carry out Presidential directives and authorizations; and
to conduct other Department programs;
to adopt, alter, and use a corporate seal, which shall be judicially noticed;
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);
to indemnify directors, officers, attorneys, agents, and employees of the Corporation for liabilities and expenses relating to corporate activities;
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; and
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;
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;
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—
any Federal department or agency;
any State, territory, or possession (or any political subdivision thereof) of the United States; or
any individual, firm, association, or corporation;
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;
to retain and use the revenues of the Corporation to achieve the purposes of this title 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;
to settle and adjust claims—
held by the Corporation against other parties; or
held by other parties against the Corporation;
to accept gifts or donations of services and real, personal, mixed, tangible, or intangible property to achieve the purposes of this title;
to execute, in accordance with applicable bylaws and regulations, appropriate instruments;
to provide for liability insurance by contract or self-insurance; and
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.
Board of Directors
The Corporation shall be headed by a Board of Directors.
The Board shall be composed of 9 members, to be appointed by the President by and with the advice and consent of the Senate, of which—
at least 3 shall be from stakeholder organizations; and
at least 2 shall be reserved for nominations from State public utility commissions.
The association of a member of the Board with a stakeholder organization shall not be considered a conflict of interest.
The members of the Board shall elect 1 member to act as Chairperson of the Board.
To be eligible to be appointed as a member of the Board, an individual shall—
be a citizen of the United States;
have management expertise relating to large organizations;
not be an employee of the Corporation;
make full disclosure to Congress of any investment or other financial interest that the individual holds in the energy industry; and
affirm support for the purposes of the Corporation.
Except as provided in paragraph (2), a member of the Board shall serve for a term of not more than 5 years.
Of the members first appointed to the Board—
1 shall be appointed for a 1-year term;
2 shall be appointed for a 2-year term;
2 shall be appointed for a 3-year term;
2 shall be appointed for a 4-year term; and
2 shall be appointed for a 5-year term.
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.
A member of the Board the term of service of whom has expired may continue to serve on the Board until the earlier of—
the date on which a successor member is appointed; and
the date on which the session of Congress during which the term of the member expires ends.
A vacancy on the Board—
shall not affect the powers of the Board; and
shall be filled in the same manner as the original appointment was made.
The Board shall meet in accordance with the bylaws of the Corporation—
at the call of the Chairperson; and
not less frequently than once each quarter.
For purposes of meetings of the Board, 2/3 of the active members of the Board shall constitute a quorum.
A majority of the members of the Board may amend the bylaws of the Corporation.
Compensation of members
A member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board.
A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
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.
Chief executive officer
The Board shall appoint an individual to serve as chief executive officer of the Corporation.
To be eligible to serve as chief executive officer of the Corporation, an individual—
shall have senior executive-level management experience in large, complex organizations;
be a member of the Board; or
have served as a member of the Board during the 2-year period ending on the date of appointment as chief executive officer; and
shall comply with the conflict of interest policy adopted by the Board.
In appointing a chief executive officer, the Board shall give particular consideration to appointing an individual with—
expertise in the nuclear industry; and
strong financial skills.
The chief executive officer shall serve at the pleasure of the Board.
Authorities and duties
The chief executive officer shall—
be responsible for the management of the Corporation; and
report to, and be under the direct authority of, the Board.
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—
with the advice and consent of the Board; and
without regard to the civil service laws applicable to officers and employees of the United States.
Without regard to section 5301 of title 5, United States Code, the Board shall establish—
the duties of and compensation for all officers and employees of the Corporation; and
a system of organization to describe those responsibilities and promote efficiency.
The Board shall ensure that—
officers and employees are appointed, promoted, and assigned on the basis of capability and fitness; and
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.
Protection of Department employees
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.
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.
Transferees and detailees
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.
An employee who accepts a transfer to the Corporation may elect—
to have any accrued retirement benefits transferred to a retirement system established by the Corporation; or
to retain coverage under, as applicable—
the Civil Service Retirement System; or
the Federal Employees Retirement System.
With respect to an employee who elects to retain coverage under subparagraph (A)(ii), the Corporation shall—
withhold a portion of the payment of the employee; and
use the amounts withheld to make such payments as are required under the applicable Federal retirement system.
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.
The financial statements of the Corporation shall be—
prepared in accordance with generally accepted accounting principles; and
audited annually by an independent certified public accountant in accordance with—
auditing standards issued by the Comptroller General of the United States; and
generally accepted auditing standards of the private sector.
Review by GAO
The Comptroller General—
may review any audit under paragraph (1); and
shall submit to Congress and the Corporation a report describing the results of each review under subparagraph (A), including appropriate recommendations, if any.
The Comptroller General may audit the financial statements of the Corporation for any year in accordance with subsection (a)(1).
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.
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.
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.
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—
a general description of the operations of the Corporation;
a summary of the operating and financial performance of the Corporation; and
a copy of each audit report prepared for the applicable fiscal year under section 3105.
A report under subsection (a) shall—
be completed by not later than 150 days after the end of each fiscal year of the Corporation; and
accurately reflect the financial position of the Corporation as of that date.
United States Nuclear Fuel Management Corporation Fund
There is established in the Treasury of the United States
a fund, to be known as the
United States Nuclear Fuel Management
Corporation Fund (referred to in this section as the
The Corporation Fund shall be composed of 2 accounts, to be known as—
States Nuclear Fuel Management Corporation Operating Account (referred
to in this section as the
Operating Account); and
States Nuclear Management Corporation Capital Reserve Account (referred
to in this section as the
Capital Reserve Account).”
Transfer and deposits of funds
Transfer of unexpended balances
On the earlier of the transfer date or the date agreed to by the Secretary and the Corporation, the Secretary of the Treasury, without further appropriation, shall transfer from the Nuclear Waste Fund to the Operating Account, the unexpended balance of the appropriated funds (including funds set aside for accounts payable), and accounts receivable, relating to functions and activities assumed by the Corporation pursuant to this title, including all advance payments.
Transfer of the corpus of the nuclear waste fund
On the earlier of the transfer date or the date agreed to by the Secretary and the Corporation, the Secretary of the Treasury, without further appropriation, shall transfer from the Nuclear Waste Fund to the Capital Reserve Account, the unexpended balance of the Nuclear Waste Fund to the Corporation Fund as follows:
On the date of enactment of this title, the corpus of the Nuclear Waste Fund, consisting of any unfunded balance of the unexpended balance shall be credited to the Capital Reserve Account as an unfunded asset, which shall continue to accrue interest at rates and maturities determined by the Secretary of the Treasury, including 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).
Beginning on the date of enactment of this title, any appropriations made to the Nuclear Waste Fund and 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) shall be transferred to the Operating Account.
Revenues from sales
Revenues from sales of products and services sold by the Corporation shall be deposited in the Operating Account.
Use of funds
Use of operating account
The Corporation may make expenditures from the Operating Account without further appropriation and without fiscal year limitation only to carry out the purposes of this title.
The Corporation may invest amounts of the fund in such financial instruments as the Corporation considers appropriate.
Nuclear waste policy Act restrictions
The Corporation shall expend Operating Account funds—
consistent with section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)); or
for other purposes authorized by Congress.
Use of capital reserve account
The Corporation may—
pledge, without further appropriation and without fiscal year limitation, use of the Capital Reserve Account as collateral for the issuance of bonds; and
make expenditures, without further appropriation and without fiscal year limitation, for the decontamination, decommissioning, and ongoing surveillance and maintenance of Corporation facilities and repositories following closure.
Administration of corporation fund
The Corporation, in consultation with the Secretary of the Treasury, shall—
administer the Corporation Fund; and
submit to Congress annual reports describing the financial condition and operations of the Corporation Fund during the preceding fiscal year.
The Corporation Fund shall not be subject to—
the allocations for discretionary spending under section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a));
the suballocations of appropriations committees under section 302(b) of that Act (2 U.S.C. 633(b)); or
apportionment under subchapter II of chapter 15 of title 31, United States Code.
If the Corporation determines that the Corporation Fund Account 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—
having maturities determined by the Secretary of the Treasury to be appropriate to the needs of the Corporation; and
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.
Issuance of bonds
The Corporation may issue and sell bonds, notes, and other evidences of indebtedness (referred to in this section as bonds).
Use of revenue
The Corporation may pledge and use revenues of the Corporation for—
payment of the principal and interest on the bonds;
purchase or redemption of additional bonds; and
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.
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—
the establishment of reserve funds and other funds;
stipulations concerning the subsequent issuance of bonds; and
other activities in accordance with this title.
Not obligations of United States
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.
Each bond of the Corporation shall contain a notice of the consideration described in paragraph (1).
Terms and conditions
A bond issued by the Corporation under this section shall—
be a negotiable instrument unless otherwise specified in the bond; and
mature not later than 50 years after the date of issuance.
Role of Secretary of Treasury
Right of disapproval
Not later than 30 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.
The terms and conditions referred to in clause (i) are terms and conditions relating to—
the form or denomination of a bond;
the time, amount, or price at which a bond is sold;
the rate of interest of the bond;
the terms by which the bond may be redeemed by the Corporation before maturity;
the priority of claims on the net revenues of the Corporation with respect to principal and interest payments; and
any other term or condition the Secretary of the Treasury determines to be appropriate.
Inapplicability of right to prescribe terms
Section 9108(a) of title 31, United States Code, shall not apply to the Corporation.
Inapplicability of securities requirements
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)); and
may register the securities and maintain the books of the Corporation in accordance with—
the Securities Act of 1933 (15 U.S.C. 77a et seq.);
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); and
applicable regulations of the Securities and Exchange Commission.
Use of Federal Financing Bank
The Corporation may issue or sell any bond to the Federal Financing Bank.
Exemption from taxation and payments in lieu of taxes
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.
Payments in lieu of taxes
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.
In making a determination under paragraph (1), the Corporation shall take into consideration—
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; and
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.
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.
Determination of amount due
A determination by the Corporation of an amount due under this section shall be final and conclusive.
Nonapplicability of certain Federal law
The Corporation shall not be subject to—
the Sherman Act (15 U.S.C. 1 et seq.);
the Clayton Act (15 U.S.C. 12 et seq.); or
section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).
Environmental, occupational, and public health and safety licensing laws
National Environmental Policy Act of 1969
Subject to subparagraph (B), the Corporation shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Preparation of environmental impact statement
The Corporation shall not be required to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the Nuclear Regulatory Commission is required under any law (including regulations) to prepare the environmental impact statement or similar analysis.
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.
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).
The United States waives any immunity otherwise applicable to the Corporation.
Energy Reorganization Act requirements
The Corporation shall be subject to section 210 of the Energy Reorganization Act of 1974 (42 U.S.C. 5850).
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.
Exemption from Federal property and procurement requirements
The Corporation shall not be subject to—
subtitle I of title 40, United States Code;
title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); or
any other law requiring conformance with the Federal Acquisition Regulations contained in title 48, Code of Federal Regulations.
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.
Protection of information
Subject to subsection (b), the Corporation shall protect information classified under this 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, including section 1905 of title 18, United States Code.
Other applicable laws
Section 552(d) of title 5, United States Code, shall not apply to the Corporation.
Transition and transfer requirements
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—
the date on which a chief executive officer is appointed for the Corporation pursuant to section 3104; or
the transfer date.
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 obligations, functions, personnel, and funds from the Secretary to the Corporation not later than the transfer date.
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.
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.
Ratification of actions
Once the Board has been appointed, each action carried out by the transition manager shall be subject to ratification by the Board.
Responsibilities of the Secretary
During the period beginning on the date of enactment of this title and ending on the transfer date, the Secretary shall—
retain responsibility for spent nuclear fuel management in accordance with applicable Federal law;
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;
assign employees of the Department to assist the transition manager in carrying out this section; and
assist and cooperate with the transition manager and the chief executive officer in transferring to the Corporation not later than the transfer date the activities, obligations, and resources under the jurisdiction or control of the Secretary with respect to spent nuclear fuel management.
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.
All reasonable expenses associated with the duties of the transition manager shall be paid from the Operating Fund, as approved by the Secretary.
Completion of transfers and other actions by transfer date
The Secretary and the transition manager shall complete transfers of all assets, property, rights, liabilities, or obligations under the jurisdiction of the Secretary relating to spent nuclear fuel management to the Corporation not later than the transfer date.
Suspension of fees
Any party to a contract 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 appointed, or a chief executive officer for the Corporation has not been appointed, by the transfer date.
A suspension under subparagraph (A) shall continue until each action required under this title has been completed.
The suspension of payments of a contract under this subsection shall not constitute a termination, breach, or cancellation of the contract.
Rights, privileges, and assets
Marketing and contracting authority
Exclusive marketing agent
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.
Effect on Department
Beginning on the transfer date, the Department may not market spent nuclear fuel management or any related service.
Transfer of contracts
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 service shall be transferred to the Corporation.
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)), unless the Secretary approves the fee increase in accordance with section 302(a)(3) of that Act not later than 2 years in advance of the proposed effective date of the increase in the fee.
Services provided to commercial customers
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—
recover the costs of the Corporation; and
operate on a self-sustaining basis.
Each price established under paragraph (1) shall be subject to review and approval by the Board.
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.
Acquisition of Department land and facilities
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; and
may acquire or lease any required portion of State or private land, facilities, or property useful for spent nuclear fuel management purposes.
Terms of lease
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.
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)).
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 transfer date, in connection with property of the Department leased under subsection (a)(1), shall remain the sole responsibility of the Department.
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.
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.
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).
Patents and inventions
Grant of rights
The Corporation may use—
efficacious and economical processes for spent nuclear fuel management; and
any method of improving the production of nuclear power.
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.
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.
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.
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.
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 transfer date shall remain a liability of the Department.
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.
With respect to any claim to impose liability under subsection (a) or (b)—
the United States shall be represented by the Department of Justice; and
the Corporation shall be represented by a counsel selected by the Corporation.
Judgments and liabilities based on operations after transition
Except as otherwise provided in this subsection, a judgment entered against the Corporation arising from operations of the Corporation on or after the transfer date shall be payable solely by the Corporation from funds of the Corporation.
Existing spent fuel disposal contracts
Paragraph (1) shall not apply to a liability or judgment that—
is based on a spent fuel disposal contract in existence on the date of enactment of this title; and
accrues not later than 10 years after the license termination date of the reactor to which the contract applies, including any renewals of the license granted by the Nuclear Regulatory Commission.
A liability or judgment described in subparagraph (A) shall continue to be—
the responsibility of the Department; and
payable pursuant to section 1304 of title 31, United States Code.
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)).
The Corporation shall not be considered to be a Federal agency for purposes of chapter 171 of title 28, United States Code.
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—
initiation of public outreach and coordination with State and local stakeholders;
completion of preapplication activities with the Commission;
confirmation of technical performance;
validation of economic projections;
completion of feasibility and risk studies;
initiation of preliminary plant design and engineering; and
site selection, site characterization, and environmental documentation activities.
Construction and operation of facilities
If the Corporation elects to proceed with the construction of a new facility, or take over operation of an existing facility, for spent nuclear fuel management, the Corporation may enter into a contract with 1 or more contractors for the construction or operation of the facility.
Transactions between Corporation and contractors
The Corporation may make grants or loans to 1 or more contractors to carry out any duty of the Corporation under this title.
The Corporation may license to a contractor any right, title, or interest of the Corporation under this title.
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.
The Corporation may provide to a contractor such additional personnel, services, and equipment as the Corporation determines to be appropriate.
Section 170 shall apply to any spent nuclear fuel management facility—
owned or operated by, or under contract with, the Corporation;
licensed under section 53, 63, or 103; and
constructed after the date of enactment of this title.
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.
Any reference to the Commission or the Department contained in section 161 k., 221 a., or 230 shall be considered to include the Corporation.
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.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. 2011 note) is amended by adding at the end the following:
Sec. 1. Short title.
Sec. 2. United States Nuclear Fuel Management Corporation.
TITLE III—United States Nuclear Fuel Management Corporation
Sec. 3001. Purpose.
Sec. 3002. Definitions.
Subtitle A—Establishment, powers, and organization
Sec. 3101. Establishment.
Sec. 3102. Powers.
Sec. 3103. Board of Directors.
Sec. 3104. Management.
Sec. 3105. Audits.
Sec. 3106. Annual reports.
Sec. 3107. United States Nuclear Fuel Management Corporation Fund.
Sec. 3108. Issuance of bonds.
Sec. 3109. Exemption from taxation and payments in lieu of taxes.
Sec. 3110. Nonapplicability of certain Federal law.
Sec. 3111. Protection of information.
Sec. 3112. Transition and transfer requirements.
Subtitle B—Rights, privileges, and assets
Sec. 3201. Marketing and contracting authority.
Sec. 3202. Pricing.
Sec. 3203. Acquisition of Department land and facilities.
Sec. 3204. Patents and inventions.
Sec. 3205. Liabilities.
Sec. 3206. Predeployment activities by Corporation.
Sec. 3207. Construction and operation of facilities.
Sec. 3208. Price-Anderson coverage.
Sec. 3209. References.
Sec. 3210. Severability.