To require the Secretary of Energy to establish the Fast Flux Test Facility as an international research and development center to be known as the International Research Reactor User Complex.

Directs the Secretary of Energy to establish an international research, development, and production center at the Hanford Reservation in Richland, Washington, to be known as the International Research Reactor User Complex (IRRC).

Allows the Department of Energy (DOE), and any contractors operating the IRRC, to enter into agreements with non-Federal entities, including foreign governments and entities, or a consortium of such entities, for use of the IRRC relating to production of isotopes, irradiation services, and the production of steam. Allows the Secretary to assess charges from those entities as necessary. Limits the agreements to 25 years. Allows the agreement to: (1) include a termination provision requiring the DOE to pay for the unamortized balance of certain facilities in some circumstances; and (2) authorize the use, to make the repayments, of funds made available for operating expenses. Allows the Secretary, in entering into an agreement, to use procedures other than competitive procedures as described in specified provisions of the Federal Property and Administrative Services Act of 1949.

Requires any entity under contract to operate the IRRC to operate the Fast Flux Test Facility pursuant to the Atomic Energy Act and meet other requirements.

Exempts the activities authorized under this Act from licensing or regulation by the Nuclear Regulatory Commission.

Establishes in the Treasury the IRRC Fund to consist of all amounts received under the assessments under this Act. Authorizes the Secretary to use Fund amounts to offset IRRC operating costs.

 
HR 5427 IH
101st CONGRESS
2d Session
 H. R. 5427
To require the Secretary of Energy to establish the Fast Flux Test Facility
as an international research and development center to be known as the
International Research Reactor User Complex.
IN THE HOUSE OF REPRESENTATIVES
August 1, 1990
Mr. MORRISON of Washington (for himself, Mr. DICKS, Mr. SWIFT, Mr. CHANDLER,
Mr. MILLER of Washington, Mr. MCDERMOTT, and Mrs. UNSOELD) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology
A BILL
To require the Secretary of Energy to establish the Fast Flux Test Facility
as an international research and development center to be known as the
International Research Reactor User Complex.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. INTERNATIONAL RESEARCH REACTOR USER COMPLEX.
  (a) PURPOSE- The purpose of this section is to establish the Fast Flux
  Test Facility as a multi-mission international center for the purpose of
  conducting research and development on isotopes and energy, to be operated
  by the Department of Energy in partnership with international and domestic
  user organizations.
  (b) ESTABLISHMENT- Not later than 90 days after the date of the enactment of
  this Act, the Secretary of Energy shall establish an international research,
  development, and production center at the Hanford Reservation in Richland,
  Washington, to be known as the `International Research Reactor User Complex'
  (hereinafter in this section referred to as the `IRRC').
  (c) AGREEMENTS; AUTHORIZED USES- In establishing the IRRC, the Secretary
  shall provide that the Department of Energy, and any contractors under
  contract with the Department of Energy to operate the IRRC, may enter into
  agreements with non-Federal entities (including foreign governments and
  foreign entities) or a consortium of such entities to use the IRRC for
  any of the following purposes:
  (1) The production of industrial and medical isotopes for use or sale
  (or both) by the non-Federal entities who have entered into the agreement.
  (2) Irradiation services to support research or commercial objectives
  (or both).
  (3) The production of steam to be used or sold (or both) by the non-Federal
  entities who have entered into the agreement.
  (d) CHARGES- The Secretary of Energy may assess such charges from non-Federal
  entities under an agreement entered into pursuant to subsection (c) as
  the Secretary determines may be necessary or appropriate to implement the
  purpose of this section.
  (e) PERIOD OF AGREEMENT- The Secretary of Energy may enter into an agreement
  pursuant to subsection (c) for a period of time not exceeding 25 years.
  (f) TERMINATION PROVISIONS- (1) Under an agreement entered into pursuant to
  subsection (c), the Secretary of Energy may include a termination provision
  that requires the Department of Energy to pay for the unamortized balance of
  any special facilities acquired or constructed by the non-Federal entities
  who have entered into the agreement if both of the following conditions
  are met:
  (A) The IRRC is shut down for lack of Federal appropriations.
  (B) The acquisition or construction of the special facilities constitutes
  a significant portion of the investment by the non-Federal entities under
  the agreement.
  (2) The termination provision may authorize the use, for the purpose
  of paying such unamortized balance and any other costs resulting from
  termination, of any Federal funds available at the time of termination or
  thereafter made available for operating expenses.
  (3) For purposes of this subsection, the term `special facilities' means
  any depreciable buildings, structures, utilities, machinery, equipment,
  materials, or services not made available to non-Federal entities by the
  Department of Energy.
  (g) OTHER AGREEMENT PROVISIONS- Under an agreement entered into pursuant
  to subsection (c), the Secretary of Energy may--
  (1) make available to non-Federal entities facilities, equipment, utility
  services, fire protection, and other similar services;
  (2) lease real or personal property to non-Federal entities to carry out
  the purpose of this section;
  (3) include an appropriate indemnification pursuant to section 170 d. of
  the Atomic Energy Act of 1954 (42 U.S.C. 2210); and
  (4) include such other terms and conditions as the Secretary determines
  will implement the purpose of this section.
  (h) COMPETITIVE PROCEDURES- In entering into a contract with a non-Federal
  entity pursuant to subsection (c), the Secretary of Energy may use procedures
  other than competitive procedures as described in section 303 of the
  Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253).
  (i) PROVISIONS RELATING TO DEPARTMENT OF ENERGY CONTRACTOR- Any contractor
  under contract with the Department of Energy to operate the IRRC shall--
  (1) maintain and operate the Fast Flux Test Facility pursuant to the Atomic
  Energy Act (42 U.S.C. 2011 et seq.);
  (2) ensure that all experiments meet applicable safety requirements and
  acceptance criteria; and
  (3) provide necessary support services to the non-Federal entities that
  have entered into agreements pursuant to subsection (c).
  (j) EXEMPTION FROM LICENSING- None of the activities authorized by
  this section shall be subject to licensing or regulation by the Nuclear
  Regulatory Commission.
  (k) IRRC FUND- (1) There is established in the Treasury of the United States
  a separate fund to be known as the `IRRC Fund'. The IRRC Fund shall consist
  of all amounts received by the Secretary of Energy from charges assessed
  under subsection (d).
  (2) Subject to appropriations, the Secretary of Energy may make expenditures
  from the IRRC Fund each fiscal year to offset the cost of operating the
  International Reactor Research User Complex in such fiscal year. Amounts in
  the IRRC Fund not needed for operations shall be invested in U.S. securities,
  the proceeds of which shall accrue to the Fund.