text: SECTION 1. EXTERNAL REGULATION OF DEPARTMENT.
  
      (a) Elimination of Department Authority.--Effective 2 years after 
  the date of enactment of this Act, the Department shall have no 
  regulatory or enforcement authority with respect to nuclear safety and 
  occupational safety and health responsibilities assumed by the Nuclear 
  Regulatory Commission under subsection (b) or by the Occupational 
  Safety and Health Administration under subsection (c) at any 
  nonmilitary energy laboratory owned or operated by the Department.
      (b) Nuclear Regulatory Commission Authority.--
              (1) Nuclear safety regulatory and enforcement 
          responsibilities.--Effective 2 years after the date of 
          enactment of this Act, the Nuclear Regulatory Commission shall 
          assume the nuclear safety regulatory and enforcement 
          responsibilities of the Department under the Atomic Energy Act 
          of 1954 with regard to nonmilitary energy laboratories owned or 
          operated by the Department.
              (2) Licensed entities.--For the purposes of carrying out at 
          nonmilitary energy laboratories owned or operated by the 
          Department regulatory and enforcement responsibilities 
          described in paragraph (1), the Nuclear Regulatory Commission 
          may regulate, through licensing, certification, or other 
          appropriate means, the Department's contractors.
              (3) Decommissioning.--A contractor operating a nonmilitary 
          energy laboratory owned by the Department shall not be 
          responsible for the costs of decommissioning that facility. No 
          enforcement action may be taken against such contractor for any 
          violation of Nuclear Regulatory Commission decommissioning 
          requirements, if such violation is the result of a failure of 
          the Department to authorize or fund decommissioning activities. 
          The Nuclear Regulatory Commission and the Department shall, not 
          later than 1 year after the date of enactment of this Act, 
          enter into a memorandum of understanding establishing 
          decommissioning procedures and requirements for nonmilitary 
          energy laboratories owned or operated by the Department.
              (4) Accelerators.--Notwithstanding the provisions of the 
          Atomic Energy Act of 1954 (42 U.S.C. 2011 et. seq.), effective 
          2 years after the date of enactment of this Act, the Nuclear 
          Regulatory Commission shall have exclusive regulatory authority 
          over accelerators, other electronic sources of radiation not 
          assigned to the Commission as of the date of enactment of this 
          Act, accelerator-produced radioisotopes, and naturally 
          occurring radioactive materials at nonmilitary energy 
          laboratories, consistent with the authorities granted the 
          Nuclear Regulatory Commission in the Atomic Energy Act of 1954. 
          Until such time as the Commission has completed a rulemaking 
          for the foregoing equipment and radioisotopes, nonmilitary 
          energy laboratories shall be required to meet the requirements 
          stipulated in a license for the facility.
              (5) Administration.--The responsibilities assumed by the 
          Nuclear Regulatory Commission under this subsection shall be 
          administered by the Nuclear Regulatory Commission, not by 
          States.
              (6) Judicial review.--Section 189 b. of the Atomic Energy 
          Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the 
          following paragraph after paragraph (4):
              ``(5) Any final order or regulation of the Commission 
          establishing standards to govern nonmilitary energy 
          laboratories owned or operated by the Department of Energy that 
          is issued to implement the Commission's responsibilities under 
          the Act which enacted this paragraph, and any final 
          determination of the Commission relating to whether a 
          nonmilitary energy laboratory owned or operated by the 
          Department is in compliance with such standards and all 
          applicable Commission regulations or orders.''.
              (7) Employee protection.--Any Department contractor 
          operating a nonmilitary energy laboratory that is regulated by 
          the Nuclear Regulatory Commission under this section shall be 
          subject to section 211 of the Energy Reorganization Act of 1974 
          (42 U.S.C. 5851) to the same extent as any other employer 
          subject to such section 211.
              (8) Conflict of interest.--Section 170A of the Atomic 
          Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts, 
          agreements, or other arrangements of the Nuclear Regulatory 
          Commission proposed or entered into pursuant to its 
          responsibilities assumed under this subsection.
      (c) Occupational Safety and Health.--
              (1) OSHA jurisdiction.--Notwithstanding section 4(b)(1) of 
          the Occupational Safety and Health Act of 1970 (29 U.S.C. 
          653(b)(1)), effective 2 years after the date of enactment of 
          this Act, the Occupational Safety and Health Administration 
          shall assume the exclusive regulatory and enforcement 
          responsibilities of the Department relating to matters covered 
          by the Occupational Safety and Health Act of 1970 with regard 
          to all nonmilitary energy laboratories owned or operated by the 
          Department, except as provided in paragraph (2). The 
          responsibilities assumed by the Occupational Safety and Health 
          Administration under this subsection shall be administered by 
          the Occupational Safety and Health Administration, not by 
          States. Any Department contractor operating such a laboratory 
          shall, with respect to matters relating to occupational safety 
          and health, be considered to be an employer for purposes of the 
          Occupational Safety and Health Act of 1970.
              (2) Regulation of hazards containing radiological and non-
          radiological component.--If a hazard at a nonmilitary energy 
          laboratory owned or operated by the Department presents a risk 
          of occupational exposure and contains both a radiological and 
          non-radiological component, the Occupational Safety and Health 
          Administration and the Nuclear Regulatory Commission shall, 
          effective 2 years after the date of enactment of this Act, 
          share regulatory and enforcement responsibilities with respect 
          to the hazard in accordance with the memorandum of 
          understanding entered into pursuant to subsection (d).
      (d) Memorandum of Understanding.--The Nuclear Regulatory Commission 
  and the Occupational Safety and Health Administration shall, not later 
  than 1 year after the date of enactment of this Act, enter into and 
  transmit to the Congress a memorandum of understanding to govern the 
  exercise of their respective authorities over nuclear safety and 
  occupational safety and health at nonmilitary energy laboratories owned 
  or operated by the Department.
      (e) Civil Penalties.--The Department's contractor operating a 
  nonmilitary energy laboratory owned or operated by the Department shall 
  not be liable for civil penalties under the Atomic Energy Act of 1954 
  or the Occupational Safety and Health Act of 1970 for any actions taken 
  before the date of transfer of regulatory authority under this section, 
  pursuant to the instructions of a Federal agency in preparation for the 
  transfer of regulatory and enforcement responsibilities required by 
  this section.
      (f) Indemnification.--The Secretary shall continue to indemnify 
  nonmilitary energy laboratories owned or operated by the Department in 
  accordance with the provisions of section 170 d. of the Atomic Energy 
  Act of 1954.
      (g) Department Reporting Requirement.--Not later than 18 months 
  after the date of enactment of this Act, the Secretary shall transmit 
  to the Congress a plan for the termination of the Department's 
  regulatory and enforcement responsibilities for nonmilitary energy 
  laboratories owned or operated by the Department required by this 
  section. The report shall include--
              (1) a detailed transition plan, drafted in coordination 
          with the Nuclear Regulatory Commission and the Occupational 
          Safety and Health Administration, giving the schedule for 
          termination of self-regulation authority as outlined in 
          subsection (a), including the activities to be coordinated with 
          the Nuclear Regulatory Commission and the Occupational Safety 
          and Health Administration;
              (2) a description of any issues remaining to be resolved 
          with the Nuclear Regulatory Commission, the Occupational Safety 
          and Health Administration, or other external regulators, and a 
          timetable for resolving such issues by the authority transfer 
          date established under this section; and
              (3) an estimate of--
                      (A) the annual cost of administering and 
                  implementing self-regulation of the nuclear safety and 
                  occupational safety and health responsibilities 
                  described in subsections (b) and (c) at nonmilitary 
                  energy laboratories owned or operated by the 
                  Department;
                      (B) the number of Federal and contractor employees 
                  administering and implementing such self-regulation; 
                  and
                      (C) the extent and schedule by which the Department 
                  and the staffs at its nonmilitary energy laboratories 
                  will be reduced as a result of implementation of this 
                  section.
      (h) General Accounting Office Reporting Requirement.--The 
  Comptroller General of the United States shall periodically report to 
  the Congress on the progress made in implementing this section. The 
  Comptroller General shall provide a report not later than 20 months 
  after the date of enactment of this Act on the Department's transition 
  plan, and not later than 26 months after the date of enactment of this 
  Act on the implementation of Nuclear Regulatory Commission and 
  Occupational Safety and Health Administration regulations in the 
  nonmilitary energy laboratories.
      (i) Definitions.--For purposes of this section--
              (1) the term ``Department'' means the Department of Energy;
              (2) the term ``nonmilitary energy laboratory'' means--
                      (A) Ames Laboratory;
                      (B) Argonne National Laboratory;
                      (C) Brookhaven National Laboratory;
                      (D) Fermi National Accelerator Laboratory;
                      (E) Lawrence Berkeley National Laboratory;
                      (F) Oak Ridge National Laboratory;
                      (G) Pacific Northwest National Laboratory;
                      (H) Princeton Plasma Physics Laboratory;
                      (I) Stanford Linear Accelerator Center; or
                      (J) Thomas Jefferson National Accelerator Facility; 
                  and
              (3) the term ``Secretary'' means the Secretary of Energy.
target: Directs the Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA), respectively, to assume specified responsibilities for nuclear safety and for occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy (DOE). Eliminates DOE's regulatory and enforcement authority with respect to such responsibilities assumed by NRC and OSHA. Makes such transfers of authority effective two years after enactment of this Act.
feat_title: To provide for the external regulation of nuclear safety and occupational safety and health responsibilities at any nonmilitary energy laboratory owned or operated by the Department of Energy.