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

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

Allows the RRC to enter into agreements with non-Federal entities, including foreign governments and entities, or a consortium of such entities, for use of the RRC relating to production of isotopes, irradiation services, and steam. Allows assessment of charges from those entities as necessary. Limits the agreements to 25 years. Allows the agreement to: (1) include a termination provision requiring the payment of 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, in entering into an agreement, the use of 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 RRC to operate the Fast Flux Test Facility pursuant to the Atomic Energy Act and to meet other requirements.

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

 
HR 910 IH
102d CONGRESS
1st Session
 H. R. 910
To require the Secretary of Energy to establish the Fast Flux Test Facility
as a research and development center to be known as the Research Reactor
User Complex.
IN THE HOUSE OF REPRESENTATIVES
February 6, 1991
Mr. MORRISON (for himself, Ms. LLOYD, Mr. SWIFT, Mr. DICKS, 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 a research and development center to be known as the 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. RESEARCH REACTOR USER COMPLEX.
  (a) PURPOSE- The purpose of this section is to establish the Fast Flux Test
  Facility as a multi-mission center for the purpose of conducting research
  and development on isotopes and energy, to be operated by the Department
  in partnership with international and domestic user organizations.
  (b) ESTABLISMENT- Not later than ninety days after the date of enactment
  of this Act, the Secretary shall establish a research, development, and
  production center at the Hanford Reservation in Richland, Washington,
  to be known as the `Research Reactor User Complex' (hereafter in this
  section referred to as the `RRC').
  (c) AGREEMENTS; AUTHORIZED USES- In establishing the RRC, the Secretary
  shall provide that the Department, and any contractors under contract with
  the Department to operate the RRC, may enter into agreements with non-Federal
  entities (including foreign governments and foreign entities) or a consortium
  of such entities to use the RRC 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 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 shall not enter into an agreement
  pursuant to subsection (c) for a period of time exceeding twenty-five years.
  (f) TERMINATION PROVISIONS- (1) Under an agreement entered into pursuant
  to subsection (c), the Secretary may include a termination provision that
  requires the Department 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--
  (A) the RRC is shut down for lack of Federal appropriations; and
  (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) A termination provision described in paragraph (1) may authorize the
  use, for the purpose of paying such unamortized balance and any other costs
  resulting from termination, of any Federal funds available for operating
  expenses pursuant to subsection (k)(2).
  (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.
  (g) OTHER AGREEMENT PROVISIONS- Under an agreement entered into pursuant
  to subsection (c), the Secretary 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 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- A contractor
  under contract with the Department to operate the RRC shall--
  (1) maintain and operate the Fast Flux Text Facility under contract with
  and for the account of the Department pursuant to section 110 of the Atomic
  Energy Act of 1954 (42 U.S.C. 2140);
  (2) ensure that all experiments meet applicable safety requirements and
  acceptable criteria; and
  (3) provide necessary support services to the non-Federal entities that
  have entered into agreements pursuant to subsection (c).
  (j) RRC FUND- (1) There is established in the Treasury of the United States
  a separate fund to be known as the `RRC Fund'. The RRC Fund shall consist of
  all amounts received by the Secretary from charges assessed under subsection
  (d).
  (2) Subject to appropriations, the Secretary may make expenditures from
  the RRC Fund each fiscal year to offset the cost of operating the RRC in
  such fiscal year. Amounts in the RRC Fund not needed for operations shall
  be invested in United States securities, the proceeds of which shall accrue
  to the RRC Fund.