External Regulation of the Department of Energy Act

Summary: (Sec. 3) Amends the Atomic Energy Act of 1954 to abolish the Defense Nuclear Facilities Safety Board.
(Sec. 4) Provides that if a hazard at a DOE facility presents a risk of occupational exposure and contains both a radiological and non-radiological component, OSHA and the NRC  shall share regulatory and enforcement responsibilities in accordance with a mandated Memorandum of Understanding governing their respective authorities over nuclear safety and occupational health and safety at DOE facilities.
(Sec. 6) Shields a DOE contractor from civil liability for actions taken before October 1, 2001, pursuant to the instructions of a Federal agency in preparation for the transfer of functions under this Act.
(Sec. 7) Maintains the  responsibility of the Secretary of Energy (Secretary) to indemnify DOE facilities in accordance with specified provisions of the Atomic Energy Act of 1954.
(Sec. 8) Instructs the Secretary to transmit to certain congressional committees a termination plan for DOE regulatory and enforcement responsibilities with respect to DOE facilities.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``External Regulation of the 
Department of Energy Act''.

SEC. 2. ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY.

    Effective October 1, 2001, the Department of Energy 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 section 3 or by the Occupational Safety and 
Health Administration under section 4 at any facility owned or operated 
by the Department.

SEC. 3. NUCLEAR REGULATORY COMMISSION AUTHORITY.

    (a) Nuclear Safety Regulatory and Enforcement Responsibilities.--
Effective October 1, 2001, the Nuclear Regulatory Commission shall 
assume the nuclear safety regulatory and enforcement responsibilities 
of the Department of Energy under the Atomic Energy Act of 1954 with 
regard to facilities owned or operated by the Department.
    (b) Licensed Entities.--For the purposes of carrying out at 
facilities owned or operated by the Department of Energy regulatory and 
enforcement responsibilities described in subsection (a), the Nuclear 
Regulatory Commission may regulate, through licensing, certification, 
or other appropriate means, the Department, the Department's 
contractors, or both.
    (c) Decommissioning.--A contractor operating a facility owned by 
the Department of Energy 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 January 1, 2002, enter into a 
memorandum of understanding establishing decommissioning procedures and 
requirements for facilities owned or operated by the Department.
    (d) Administration.--The responsibilities assumed by the Nuclear 
Regulatory Commission under this section shall be administered by the 
Nuclear Regulatory Commission, not by States.
    (e) Regulation of Defense Nuclear Facilities.--
            (1) Repeal.--Chapter 21 of the Atomic Energy Act of 1954 
        (42 U.S.C. 2286 et seq.) is repealed.
            (2) Dedicated organizational element.--The Nuclear 
        Regulatory Commission shall establish an organizational element 
        dedicated solely to the regulation of defense nuclear 
        facilities within the Department of Energy.
            (3) Use of available resources.--In carrying out the 
        responsibilities assumed under this section, the Nuclear 
        Regulatory Commission shall employ appropriate personnel or 
        other resources available as a result of the repeal made by 
        paragraph (1) of this subsection.
    (f) Judicial Review.--Section 189b. 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 facilities owned or operated 
        by the Department of Energy that are issued to implement the 
        Commission's responsibilities under the External Regulation of 
        the Department of Energy Act, and any final determination of 
        the Commission relating to whether a facility owned or operated 
        by the Department is in compliance with such standards and all 
        applicable Commission regulations or orders.''.
    (g) Employee Protection.--Any Department of Energy contractor 
operating a facility that is regulated by the Nuclear Regulatory 
Commission under this section shall be subject to section 211 of the 
Energy Reorganization Act of 1974 (41 U.S.C. 5851) to the same extent 
as any other employer subject to such section 211.
    (h) 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 section.

SEC. 4. OCCUPATIONAL SAFETY AND HEALTH.

    (a) OSHA Jurisdiction.--Notwithstanding section 4(b)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) and 
any other provision of law, effective October 1, 2001, the Occupational 
Safety and Health Administration shall assume the regulatory and 
enforcement responsibilities of the Department of Energy relating to 
matters covered by the Occupational Safety and Health Act of 1970 with 
regard to all facilities owned or operated by the Department, except as 
provided in subsection (b). Any Department contractor operating such a 
facility 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.
    (b) Regulation of Hazards Containing Radiological and Non-
Radiological Component.--If a hazard at a facility 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 October 1, 2001, share regulatory and enforcement 
responsibilities with respect to the hazard in accordance with the 
memorandum of understanding entered into pursuant to section 5.

SEC. 5. MEMORANDUM OF UNDERSTANDING.

    The Nuclear Regulatory Commission and the Occupational Safety and 
Health Administration shall, before January 1, 2001, 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 facilities owned or operated by the 
Department of Energy.

SEC. 6. CIVIL PENALTIES.

    The Department of Energy's contractor operating a facility 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 October 1, 2001, 
pursuant to the instructions of a Federal agency in preparation for the 
transfer of regulatory and enforcement responsibilities required by 
this Act.

SEC. 7. INDEMNIFICATION.

    The Secretary of Energy shall continue to indemnify facilities 
owned or operated by the Department in accordance with the provisions 
of section 170d. of the Atomic Energy Act of 1954.

SEC. 8. DEPARTMENT OF ENERGY REPORTING REQUIREMENT.

    By April 1, 2001, the Secretary of Energy shall transmit to the 
Committee on Commerce, the Committee on Science, and the Committee on 
Appropriations of the House of Representatives, and the Committee on 
Energy and Natural Resources and the Committee on Appropriations of the 
Senate, a plan for the termination of the Department's regulatory and 
enforcement responsibilities for facilities owned or operated by the 
Department required by this Act. 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 section 
        2, 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 before October 1, 2001; 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 sections 3 and 4 at facilities 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 facilities will be reduced as a 
                result of implementation of this Act.