I

104TH CONGRESS

1ST SESSION H. R. 2569

To require the Secretary of Energy to immediately begin returning the Fast

Flux Test Facility to operational status, identify which missions will

be given the highest priority, and prepare the facility to carry out

those missions.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 1, 1995

Mr. HASTINGS of Washington introduced the following bill; which was referred

to the Committee on Science, and in addition to the Committees on Commerce and National Security, for a period to be subsequently determined

by the Speaker, in each case for consideration of such provisions as fall

within the jurisdiction of the committee concerned

A BILL

To require the Secretary of Energy to immediately begin

returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest

priority, and prepare the facility to carry out those missions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RETURN TO OPERATIONAL STATUS.

4 The Secretary of Energy (in this Act referred to as

5 the ‘‘Secretary’’) shall immediately discontinue the shut6 down of the Fast Flux Test Facility (in this Act referred
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1 to as the ‘‘Facility’’), and take action necessary to begin

2 returning the Facility to operational status. To the extent

3 possible, the technical staff shall be retained, and all docu4 ments, materials, spare parts, components and capabilities

5 shall be preserved. The Facility shall be maintained in op6 eration by the Secretary for at least 20 years, and for so

7 much longer as it remains capable of performing missions

8 established for it under section 2.

9 SEC. 2. MISSIONS.

10 (a) TASK FORCE.—

11 (1) ESTABLISHMENT.—The Secretary shall es12 tablish a task force, to be composed of one individ13 ual each selected by—

14 (A) the National Academy of Sciences;

15 (B) the American Physical Society;

16 (C) the American Nuclear Society;

17 (D) the College of Nuclear Physicians; and

18 (E) the Nuclear Engineering Department

19 Heads Organization.

20 (2) DUTIES.—The task force established under

21 paragraph (1) shall, within 6 months after the date

22 of the enactment of this Act, transmit a report to

23 the Congress that establishes a ranked list of mis24 sions for the Facility. Such list shall be established

25 in consultation with the operating contractor of the
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1 Facility, taking into consideration the widest pos2 sible range of potential uses, both governmental and

3 nongovernmental, for the Facility. Such uses shall

4 include the following:

5 (A) Reestablishing world leadership in ben6 eficial nuclear technology and nuclear medicine.

7 (B) The production of medical and other

8 isotopes for use or sale by Federal or non-Fed9 eral entities.

10 (C) The production of tritium needed to

11 maintain the safety and reliability of our de12 fense stockpile.

13 (D) Irradiation services to support re14 search and commercial objectives.

15 (E) Demonstration programs to verify fast

16 reactor capability to convert radioactive waste

17 or weapons materials into a safer form.

18 (F) Materials testing and physics research.

19 (G) Service as a training center.

20 (H) The production of steam to be used or

21 sold by Federal or non-Federal entities, and for

22 the testing of steam generators.

23 (3) TRAVEL EXPENSES.—Each member of the

24 task force shall receive travel expenses, including per
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1 diem in lieu of subsistence, in accordance with sec2 tions 5702 and 5703 of title 5, United States Code.

3 (b) IMPLEMENTATION.—The Secretary shall imple4 ment the recommendations of the task force as missions

5 of the Facility.

6 SEC. 3. AGREEMENTS.

7 The Secretary may enter into agreements with do8 mestic and foreign entities for participation of such enti9 ties in the missions of the Facility.

10 SEC. 4. OPERATIONS CONTRACT.

11 Any contract entered into by the Secretary after the

12 date of the enactment of this Act for the operation of the

13 Facility shall include provisions to—

14 (1) ensure that all operations and experiments

15 meet applicable safety requirements and acceptance

16 criteria;

17 (2) provide necessary support services to the

18 non-Federal entities that have entered into agree19 ments pursuant to section 3;

20 (3) provide indemnification pursuant to section

21 170d. of the Atomic Energy Act of 1954 (42 U.S.C.

22 2210(d));

23 (4) indemnify, protect, and hold harmless the

24 contractor from and against all liability, including li-
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1 ability for legal costs, relating to any preexisting

2 conditions at any part of the Facility.

3 (5) indemnify, protect, and hold harmless the

4 contractor from and against all liability to third par5 ties (including liability for legal costs and for claims

6 for personal injury, illness, property damage, and

7 consequential damages) for negligence arising out of

8 the contractor’s performance under the contract, un9 less such liability was caused by conduct of the con10 tractor which was grossly negligent or which con11 stituted intentional misconduct; and

12 (6) provide for indemnification of subcontrac13 tors as described in paragraphs (3), (4), and (5).

14 SEC. 5. EXEMPTION FROM NUCLEAR REGULATORY COM15 MISSION REGULATION.

16 No activities of the Facility or the operating contrac17 tor thereof shall be subject to licensing or other regulation

18 by the Nuclear Regulatory Commission.

19 SEC. 6. FAST FLUX TEST FACILITY FUND.

20 There shall be established in the Treasury a separate

21 fund to be known as the ‘‘Fast Flux Test Facility Fund’’,

22 which shall include all appropriations made for the Facil23 ity and all funds received for the sale of products or serv24 ices of the Facility or under agreements entered into

25 under section 3. Amounts in such Fund shall be available,
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1 to the extent provided in advance in appropriations Acts,

2 for the activities of the Facility.

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to the Sec5 retary for the activities of the Facility and of the task

6 force established under section 2(a)(1) $60,000,000 for

7 fiscal year 1996.

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