[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2569 Introduced in House (IH)]


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.

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

SECTION 1. RETURN TO OPERATIONAL STATUS.

    The Secretary of Energy (in this Act referred to as the 
``Secretary'') shall immediately discontinue the shutdown of the Fast 
Flux Test Facility (in this Act referred to as the ``Facility''), and 
take action necessary to begin returning the Facility to operational 
status. To the extent possible, the technical staff shall be retained, 
and all documents, materials, spare parts, components and capabilities 
shall be preserved. The Facility shall be maintained in operation by 
the Secretary for at least 20 years, and for so much longer as it 
remains capable of performing missions established for it under section 
2.

SEC. 2. MISSIONS.

    (a) Task Force.--
            (1) Establishment.--The Secretary shall establish a task 
        force, to be composed of one individual each selected by--
                    (A) the National Academy of Sciences;
                    (B) the American Physical Society;
                    (C) the American Nuclear Society;
                    (D) the College of Nuclear Physicians; and
                    (E) the Nuclear Engineering Department Heads 
                Organization.
            (2) Duties.--The task force established under paragraph (1) 
        shall, within 6 months after the date of the enactment of this 
        Act, transmit a report to the Congress that establishes a 
        ranked list of missions for the Facility. Such list shall be 
        established in consultation with the operating contractor of 
        the Facility, taking into consideration the widest possible 
        range of potential uses, both governmental and nongovernmental, 
        for the Facility. Such uses shall include the following:
                    (A) Reestablishing world leadership in beneficial 
                nuclear technology and nuclear medicine.
                    (B) The production of medical and other isotopes 
                for use or sale by Federal or non-Federal entities.
                    (C) The production of tritium needed to maintain 
                the safety and reliability of our defense stockpile.
                    (D) Irradiation services to support research and 
                commercial objectives.
                    (E) Demonstration programs to verify fast reactor 
                capability to convert radioactive waste or weapons 
                materials into a safer form.
                    (F) Materials testing and physics research.
                    (G) Service as a training center.
                    (H) The production of steam to be used or sold by 
                Federal or non-Federal entities, and for the testing of 
                steam generators.
            (3) Travel expenses.--Each member of the task force shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (b) Implementation.--The Secretary shall implement the 
recommendations of the task force as missions of the Facility.

SEC. 3. AGREEMENTS.

    The Secretary may enter into agreements with domestic and foreign 
entities for participation of such entities in the missions of the 
Facility.

SEC. 4. OPERATIONS CONTRACT.

    Any contract entered into by the Secretary after the date of the 
enactment of this Act for the operation of the Facility shall include 
provisions to--
            (1) ensure that all operations and experiments meet 
        applicable safety requirements and acceptance criteria;
            (2) provide necessary support services to the non-Federal 
        entities that have entered into agreements pursuant to section 
        3;
            (3) provide indemnification pursuant to section 170d. of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2210(d));
            (4) indemnify, protect, and hold harmless the contractor 
        from and against all liability, including liability for legal 
        costs, relating to any preexisting conditions at any part of 
        the Facility.
            (5) indemnify, protect, and hold harmless the contractor 
        from and against all liability to third parties (including 
        liability for legal costs and for claims for personal injury, 
        illness, property damage, and consequential damages) for 
        negligence arising out of the contractor's performance under 
        the contract, unless such liability was caused by conduct of 
        the contractor which was grossly negligent or which constituted 
        intentional misconduct; and
            (6) provide for indemnification of subcontractors as 
        described in paragraphs (3), (4), and (5).

SEC. 5. EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION.

    No activities of the Facility or the operating contractor thereof 
shall be subject to licensing or other regulation by the Nuclear 
Regulatory Commission.

SEC. 6. FAST FLUX TEST FACILITY FUND.

    There shall be established in the Treasury a separate fund to be 
known as the ``Fast Flux Test Facility Fund'', which shall include all 
appropriations made for the Facility and all funds received for the 
sale of products or services of the Facility or under agreements 
entered into under section 3. Amounts in such Fund shall be available, 
to the extent provided in advance in appropriations Acts, for the 
activities of the Facility.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for the 
activities of the Facility and of the task force established under 
section 2(a)(1) $60,000,000 for fiscal year 1996.
                                 <all>