I

106TH CONGRESS

1ST SESSION H. R. 1656

To authorize appropriations for fiscal years 2000 and 2001 for the commercial

application of energy technology and related civilian energy and scientific

programs, projects, and activities of the Department of Energy, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1999

Mr. CALVERT introduced the following bill; which was referred to the Committee on Science, and in addition to the Committees on Commerce, and

Education and the Workforce, 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 authorize appropriations for fiscal years 2000 and 2001

for the commercial application of energy technology and

related civilian energy and scientific programs, projects,

and activities of the Department of Energy, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 Commercial Application of Energy Technology Authoriza6 tion Act of 1999’’.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act—

3 (1) the term ‘‘Department’’ means the Depart4 ment of Energy; and

5 (2) the term ‘‘Secretary’’ means the Secretary

6 of Energy.

7 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

8 (a) ENERGY SUPPLY.—There are authorized to be

9 appropriated to the Secretary for Energy Supply commer10 cial application of energy technology and related civilian

11 energy and scientific research, development, and dem12 onstration operation and maintenance and construction

13 programs, projects, and activities for which specific sums

14 are not authorized under other authority of law

15 $237,850,000 for fiscal year 2000 and $235,921,000 for

16 fiscal year 2001, to remain available through the end of

17 fiscal year 2002, of which—

18 (1) $177,000,000 for fiscal year 2000 and

19 $174,070,000 for fiscal year 2001 shall be for Nu20 clear Energy, including—

21 (A) $85,000,000 for fiscal year 2000 and

22 $87,550,000 for fiscal year 2001 for Termi23 nation Costs;

24 (B) $30,000,000 for fiscal year 2000 and

25 $30,900,000 for fiscal year 2001 for the Fast

26 Flux Test Facility;
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1 (C) $13,000,000 for fiscal year 2000 and

2 $13,390,000 for fiscal year 2001 for Isotope

3 Support;

4 (D) $8,000,000 for fiscal year 2000 for

5 completion of Project 98–E–201, Isotope Pro6 duction Facility, Los Alamos National Labora7 tory; and

8 (E) $41,000,000 for fiscal year 2000 and

9 $42,230,000 for fiscal year 2001 for Uranium

10 Programs;

11 (2) $50,750,000 for fiscal year 2000 and

12 $51,703,000 for fiscal year 2001 shall be for Envi13 ronment, Safety, and Health;

14 (3) $9,100,000 for fiscal year 2000 and

15 $9,148,000 for fiscal year 2001 shall be for Tech16 nical Information Management; and

17 (4) $1,000,000 for fiscal year 2000 and

18 $1,000,000 for fiscal year 2001 shall be for transfer

19 to the Occupational Health and Safety Administra20 tion for external regulation of all federally owned or

21 operated nonmilitary energy laboratories under sec22 tion 15.

23 (b) NON-DEFENSE ENVIRONMENTAL MANAGE24 MENT.—There are authorized to be appropriated to the

25 Secretary for Non-Defense Environmental Management
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1 commercial application of energy technology and related

2 civilian energy and scientific research, development, and

3 demonstration operation and maintenance programs,

4 projects, and activities for which specific sums are not au5 thorized under other authority of law $330,934,000 for

6 fiscal year 2000 and $340,862,000 for fiscal year 2001,

7 to remain available through the end of fiscal year 2002,

8 of which—

9 (1) $211,146,000 for fiscal year 2000 and

10 $217,480,000 for fiscal year 2001 shall be for Site

11 Closure;

12 (2) $100,866,000 for fiscal year 2000 and

13 $103,892,000 for fiscal year 2001 shall be for the

14 Site/Project Completion; and

15 (3) $18,922,000 for fiscal year 2000 and

16 $19,490,000 for fiscal year 2001 shall be for post

17 2006 Completion.

18 (c) FOSSIL ENERGY RESEARCH AND DEVELOP19 MENT.—There are authorized to be appropriated to the

20 Secretary for Fossil Energy Research and Development

21 Environmental Restoration commercial application of en22 ergy technology and related civilian energy and scientific

23 research, development, and demonstration operation and

24 maintenance programs, projects, and activities for which

25 specific sums are not authorized under other authority of
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1 law $10,000,000 for fiscal year 2000 and $10,300,000 for

2 fiscal year 2001, to remain available through the end of

3 fiscal year 2002.

4 (d) ENERGY CONSERVATION RESEARCH AND DEVEL5 OPMENT.—There are authorized to be appropriated to the

6 Secretary for Energy Conservation Research and Develop7 ment commercial application of energy technology and re8 lated civilian energy and scientific research, development,

9 and demonstration operation and maintenance programs,

10 projects, and activities for which specific sums are not au11 thorized under other authority of law $26,227,000 for fis12 cal year 2000 and $27,014,000 for fiscal year 2001, to

13 remain available through the end of fiscal year 2002, of

14 which—

15 (1) $10,700,000 for fiscal year 2000 and

16 $11,021,000 for fiscal year 2001 shall be for Clean

17 Cities;

18 (2) $9,138,000 for fiscal year 2000 and

19 $9,412,000 for fiscal year 2001 shall be for Building

20 Standards and Guidelines; and

21 (3) $6,389,000 for fiscal year 2000 and

22 $6,581,000 for fiscal year 2001 shall be for Lighting

23 and Appliance Standards.
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1 SEC. 4. NOTICE.

2 (a) REPROGRAMMING.—The Secretary may use for

3 any authorized civilian energy or scientific research, devel4 opment, and demonstration and commercial application of

5 energy technology programs, projects, and activities of the

6 Department—

7 (1) up to the lesser of $250,000 or 5 percent

8 of the total funding for a fiscal year of another such

9 program, project, or activity of the Department; or

10 (2) after the expiration of 60 days after trans11 mitting to the Committee on Science and the Com12 mittee on Appropriations of the House of Represent13 atives, and to the Committee on Energy and Natural

14 Resources and the Committee on Appropriations of

15 the Senate, a report described in subsection (b), up

16 to 25 percent of the total funding for a fiscal year

17 of another such program, project, or activity of the

18 Department.

19 (b) REPORT.—(1) The report referred to in sub20 section (a)(2) is a report containing a full and complete

21 statement of the action proposed to be taken and the facts

22 and circumstances relied upon in support of such proposed

23 action.

24 (2) In the computation of the 60-day period under

25 subsection (a)(2), there shall be excluded any day on
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1 which either House of Congress is not in session because

2 of an adjournment of more than 3 days to a day certain.

3 (c) LIMITATIONS.—In no event may funds be used

4 pursuant to subsection (a) for a civilian energy or sci5 entific research, development, and demonstration or com6 mercial application of energy technology program, project,

7 or activity for which funding has been requested to the

8 Congress but which has not been funded by the Congress.

9 (d) NOTICE OF REORGANIZATION.—The Secretary

10 shall provide notice to the Committee on Science and the

11 Committee on Appropriations of the House of Representa12 tives, and to the Committee on Energy and Natural Re13 sources and the Committee on Appropriations of the Sen14 ate, not later than 15 days before any major reorganiza15 tion of any civilian energy or scientific research, develop16 ment, and demonstration or commercial application of en17 ergy technology program, project, or activity of the De18 partment.

19 (e) COPY OF REPORTS.—The Secretary shall provide

20 copies to the Committee on Science and the Committee

21 on Appropriations of the House of Representatives, and

22 to the Committee on Energy and Natural Resources and

23 the Committee on Appropriations of the Senate, of any

24 report relating to the civilian energy or scientific research,

25 development, and demonstration or commercial applica-
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1 tion of energy technology activities of the Department pre2 pared at the direction of any committee of Congress.

3 SEC. 5. LIMITATION ON DEMONSTRATIONS.

4 The Department of Energy shall provide funding for

5 civilian energy or scientific or commercial application of

6 energy technology demonstration programs, projects, and

7 activities only for technologies or processes that are sub8 stantially new, and not for incremental improvements to

9 technologies or processes that exist in the marketplace.

10 SEC. 6. LIMITS ON GENERAL PLANT PROJECTS.

11 If, at any time during the construction of a civilian

12 energy or scientific research, development, and demonstra13 tion or commercial application of energy technology

14 project of the Department for which no specific funding

15 level is provided by law, the estimated cost (including any

16 revision thereof) of the project exceeds $500,000, the Sec17 retary may not continue such construction unless the Sec18 retary has furnished a complete report to the Committee

19 on Science and the Committee on Appropriations of the

20 House of Representatives, and to the Committee on En21 ergy and Natural Resources and the Committee on Appro22 priations of the Senate, explaining the project and the rea23 sons for the estimate or revision.
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1 SEC. 7. LIMITS ON CONSTRUCTION PROJECTS.

2 (a) LIMITATION.—Except as provided in subsection

3 (b), construction on a civilian energy or scientific research,

4 development, and demonstration or commercial applica5 tion of energy technology project of the Department for

6 which funding has been specifically provided by law may

7 not be started, and additional obligations may not be in8 curred in connection with the project above the authorized

9 funding amount, whenever the current estimated cost of

10 the construction project exceeds by more than 5 percent

11 the higher of—

12 (1) the amount authorized for the project, if the

13 entire project has been funded by the Congress; or

14 (2) the amount of the total estimated cost for

15 the project as shown in the most recent budget jus16 tification data submitted to Congress.

17 (b) NOTICE.—An action described in subsection (a)

18 may be taken if—

19 (1) the Secretary has submitted to the Com20 mittee on Science and the Committee on Appropria21 tions of the House of Representatives, and to the

22 Committee on Energy and Natural Resources and

23 the Committee on Appropriations of the Senate, a

24 report on the proposed actions and the cir25 cumstances making such actions necessary; and
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1 (2) a period of 60 days has elapsed after the

2 date on which the report is received by the commit3 tees.

4 (c) EXCLUSION.—In the computation of the 60-day

5 period described in subsection (b)(2), there shall be ex6 cluded any day on which either House of Congress is not

7 in session because of an adjournment of more than 3 days

8 to a day certain.

9 SEC. 8. AUTHORITY FOR CONCEPTUAL AND CONSTRUC10 TION DESIGN.

11 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

12 Subject to paragraph (2) and except as provided in para13 graph (3), before submitting to Congress a request for

14 funds for a construction project that is in support of a

15 civilian energy or scientific research, development, and

16 demonstration or commercial application of energy tech17 nology program, project, or activity of the Department,

18 the Secretary shall complete a conceptual design for that

19 project.

20 (2) If the estimated cost of completing a conceptual

21 design for a civilian energy or scientific research, develop22 ment, and demonstration or commercial application of en23 ergy technology construction project exceeds $500,000,

24 the Secretary shall submit to Congress a request for funds
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1 for the conceptual design before submitting a request for

2 funds for the construction project.

3 (3) The requirement in paragraph (1) does not apply

4 to a request for funds for a construction project, the total

5 estimated cost of which is less than $1,000,000.

6 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

7 The Secretary may carry out construction design (includ8 ing architectural and engineering services) in connection

9 with any proposed construction project that is in support

10 of a civilian energy or scientific research, development,

11 and demonstration or commercial application of energy

12 technology program of the Department if the total esti13 mated cost for such design does not exceed $100,000.

14 (2) If the total estimated cost for construction design

15 in connection with any construction project described in

16 paragraph (1) exceeds $100,000, funds for such design

17 must be specifically authorized by law.

18 SEC. 9. LIMITS ON USE OF FUNDS.

19 (a) CLEAN COAL TECHNOLOGY RESERVE.—No funds

20 in the Clean Coal Technology Reserve may be used to ini21 tiate or carry out a clean coal technology energy dem22 onstration project based outside the United States.

23 (b) TRAVEL.—Not more than 1 percent of the funds

24 authorized by this Act may be used either directly or indi25 rectly to fund travel costs of the Department or travel
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1 costs for persons awarded grants, contracts, subcontracts,

2 or any other form of financial assistance by the Depart3 ment. As part of the Department’s annual budget request

4 submission to the Congress, the Secretary shall submit a

5 report to the Committee on Science and the Committee

6 on Appropriations of the House of Representatives, and

7 to the Committee on Energy and Natural Resources and

8 the Committee on Appropriations of the Senate, that

9 identifies—

10 (1) the estimated amount of travel costs by the

11 Department and for persons awarded grants, con12 tracts, subcontracts, or any other form of financial

13 assistance by the Department for the fiscal year of

14 such budget submission, as well as for the 2 pre15 vious fiscal years;

16 (2) the major purposes for such travel; and

17 (3) the sources of funds for such travel.

18 (c) TRADE ASSOCIATIONS.—No funds authorized by

19 this Act may be used either directly or indirectly to fund

20 a grant, contract, subcontract, or any other form of finan21 cial assistance awarded by the Department to a trade as22 sociation on a noncompetitive basis. As part of the Depart23 ment’s annual budget request submission to the Congress,

24 the Secretary shall submit a report to the Committee on

25 Science and the Committee on Appropriations of the
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1 House of Representatives, and to the Committee on En2 ergy and Natural Resources and the Committee on Appro3 priations of the Senate, that identifies—

4 (1) the estimated amount of funds provided by

5 the Department to trade associations, by trade asso6 ciation, for the fiscal year of such budget submis7 sion, as well as for the 2 previous fiscal years;

8 (2) the services either provided or to be pro9 vided by each such trade association; and

10 (3) the sources of funds for services provided by

11 each such trade association.

12 SEC. 10. MANAGEMENT AND OPERATING CONTRACTS.

13 (a) COMPETITIVE PROCEDURE REQUIREMENT.—

14 None of the funds authorized to be appropriated by this

15 Act or any prior Act may be used to award a management

16 and operating contract for a federally owned or operated

17 nonmilitary energy laboratory of the Department unless

18 such contract is awarded using competitive procedures or

19 the Secretary grants, on a case-by-case basis, a waiver to

20 allow for such a deviation. The Secretary may not delegate

21 the authority to grant such a waiver.

22 (b) CONGRESSIONAL NOTICE.—At least 60 days be23 fore a contract award, amendment, or modification for

24 which the Secretary intends to grant such a waiver, the

25 Secretary shall submit to the Committee on Science and
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1 the Committee on Appropriations of the House of Rep2 resentatives, and to the Committee on Energy and Nat3 ural Resources and the Committee on Appropriations of

4 the Senate, a report notifying the committees of the waiver

5 and setting forth the reasons for the waiver.

6 SEC. 11. FEDERAL ACQUISITION REGULATION.

7 (a) REQUIREMENT.—None of the funds authorized to

8 be appropriated by this Act or any prior Act for any com9 mercial application of energy technology or civilian energy

10 or scientific research, development, and demonstration or

11 commercial application of energy technology activities may

12 be used to award, amend, or modify a contract of the De13 partment in a manner that deviates from the Federal Ac14 quisition Regulation, unless the Secretary grants, on a

15 case-by-case basis, a waiver to allow for such a deviation.

16 The Secretary may not delegate the authority to grant

17 such a waiver.

18 (b) CONGRESSIONAL NOTICE.—At least 60 days be19 fore a contract award, amendment, or modification for

20 which the Secretary intends to grant such a waiver, the

21 Secretary shall submit to the Committee on Science and

22 the Committee on Appropriations of the House of Rep23 resentatives, and to the Committee on Energy and Nat24 ural Resources and the Committee on Appropriations of
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1 the Senate, a report notifying the committees of the waiver

2 and setting forth the reasons for the waiver.

3 SEC. 12. REQUESTS FOR PROPOSALS.

4 None of the funds authorized to be appropriated by

5 this Act or any prior Act may be used by the Department

6 to prepare or initiate Requests for Proposals (RFPs) for

7 a civilian energy or scientific research, development, and

8 demonstration or commercial application of energy tech9 nology program, project, or activity if the program,

10 project, or activity has not been specifically authorized by

11 Congress.

12 SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR

13 SERVICES.

14 (a) RESTRICTION.—Except as provided in subsection

15 (b), none of the funds authorized to be appropriated by

16 this Act or any prior Act may be used by any civilian en17 ergy or scientific research, development, and demonstra18 tion or commercial application of energy technology pro19 gram, project, or activity of the Department to produce

20 or provide articles or services for the purpose of selling

21 the articles or services to a person outside the Federal

22 Government, unless the Secretary determines that the ar23 ticles or services are not available from a commercial

24 source in the United States.
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1 (b) EXCEPTION.—Subsection (a) does not apply to

2 the transmission and sale of electricity by any Federal

3 power marketing administration.

4 SEC. 14. ELIGIBILITY FOR AWARDS.

5 (a) IN GENERAL.—The Secretary shall exclude from

6 consideration for grant agreements for civilian energy or

7 scientific research, development, and demonstration or

8 commercial application of energy technology activities

9 made by the Department after fiscal year 1999 any person

10 who received funds, other than those described in sub11 section (b), appropriated for a fiscal year after fiscal year

12 1999, under a grant agreement from any Federal funding

13 source for a program, project, or activity that was not sub14 jected to a competitive, merit-based award process, except

15 as specifically authorized by this Act. Any exclusion from

16 consideration pursuant to this section shall be effective for

17 a period of 5 years after the person receives such Federal

18 funds.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 the receipt of Federal funds by a person due to the mem21 bership of that person in a class specified by law for which

22 assistance is awarded to members of the class according

23 to a formula provided by law.

24 (c) DEFINITION.—For purposes of this section, the

25 term ‘‘grant agreement’’ means a legal instrument whose
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1 principal purpose is to transfer a thing of value to the

2 recipient to carry out a public purpose of support or stim3 ulation authorized by a law of the United States, and does

4 not include the acquisition (by purchase, lease, or barter)

5 of property or services for the direct benefit or use of the

6 United States Government. Such term does not include

7 a cooperative agreement (as such term is used in section

8 6305 of title 31, United States Code) or a cooperative re9 search and development agreement (as such term is de10 fined in section 12(d)(1) of the Stevenson-Wydler Tech11 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

12 SEC. 15. EXTERNAL REGULATION.

13 (a) AUTHORITY.—

14 (1) ELIMINATION OF DEPARTMENT OF ENERGY

15 AUTHORITY.—Except as provided in paragraph (2),

16 effective January 1, 2000, the Department shall

17 have no regulatory or enforcement authority,

18 through rules, regulations, orders, and standards, or

19 reporting requirements, with respect to Federal,

20 State, and local environmental, safety, and health

21 requirements at any federally owned or operated

22 nonmilitary energy laboratory.

23 (2) EXCEPTION.—Notwithstanding paragraph

24 (1), the Department shall retain regulatory or en25 forcement authority described in paragraph (1) at
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1 any federally owned or operated nonmilitary energy

2 laboratory to the extent that no other Federal,

3 State, or local governmental agency has such regu4 latory or enforcement authority.

5 (b) NUCLEAR REGULATORY COMMISSION AUTHOR6 ITY.—

7 (1) ENFORCEMENT RESPONSIBILITIES.—Effec8 tive January 1, 2000, the Nuclear Regulatory Com9 mission shall assume the regulatory and enforcement

10 responsibilities of the Department under the Atomic

11 Energy Act of 1954 with regard to federally owned

12 or operated nonmilitary energy laboratories, includ13 ing such responsibilities with respect to accelerator14 produced radioactive material and ionizing radiation

15 generating machine.

16 (2) LICENSED ENTITY.—For the purposes of

17 carrying out at federally owned or operated non18 military energy laboratories regulatory and enforce19 ment responsibilities described in paragraph (1), the

20 Nuclear Regulatory Commission may regulate and

21 license or provide certification for the Department,

22 the Department’s contractor, or both.

23 (3) DECOMMISSIONING.—A contractor oper24 ating a federally owned nonmilitary energy labora25 tory shall not be responsible for the costs of decom-
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1 missioning that facility. No enforcement action may

2 be taken against such contractor for any violation of

3 Nuclear Regulatory Commission decommissioning

4 requirements, if such violation is the result of a fail5 ure of the Department to authorize or fund decom6 missioning activities. The Nuclear Regulatory Com7 mission and the Department shall, not later than

8 July 1, 2000, enter into a memorandum of under9 standing establishing decommissioning procedures

10 and requirements for federally owned or operated

11 nonmilitary energy laboratories.

12 (c) OCCUPATIONAL SAFETY AND HEALTH.—

13 (1) OSHA JURISDICTION.—Notwithstanding

14 any other provision of law, effective January 1,

15 2000, the Occupational Safety and Health Adminis16 tration shall assume the regulatory and enforcement

17 responsibilities of the Department relating to mat18 ters covered by the Occupational Safety and Health

19 Act of 1970 with regard to all federally owned or op20 erated nonmilitary energy laboratories. The Depart21 ment’s contractor or contractors operating those lab22 oratories shall be considered employers for purposes

23 of the Occupational Safety and Health Act of 1970.

24 (2) APPLICABILITY.—Section 4(b)(1) of the Oc25 cupational Safety and Health Act of 1970 (29
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1 U.S.C. 653(b)(1)) does not apply with respect to the

2 Department’s regulation, or the Nuclear Regulatory

3 Commission’s regulation, of federally owned or oper4 ated nonmilitary energy laboratories.

5 (3) RADIATION REGULATIONS.—With respect to

6 federally owned or operated nonmilitary energy lab7 oratories, the Secretary of Labor may enforce the

8 regulations contained in part 20 of title 10 of the

9 Code of Federal Regulations, relating to Protection

10 from Radiation, to the same extent as regulations

11 issued under section 6(b) of the Occupational Safety

12 and Health Act of 1970 (29 U.S.C. 655(b)).

13 (4) MEMORANDUM OF UNDERSTANDING.—The

14 Nuclear Regulatory Commission and the Occupa15 tional Safety and Health Administration shall, with16 in 90 days after the date of the enactment of this

17 Act, enter into a memorandum of understanding to

18 govern the exercise of their respective authorities

19 over occupational safety and health hazards at feder20 ally owned or operated nonmilitary energy labora21 tories.

22 (d) TRANSFER OF FUNDS.—For the purposes of car23 rying out this section, and for conducting pilot programs

24 and other activities necessary to prepare for and effect the

25 transition of regulatory and enforcement responsibilities
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1 for federally owned or operated nonmilitary energy labora2 tories from the Department, the Secretary shall transfer

3 $1,000,000 from the appropriation made pursuant to sec4 tion 3(a)(4) to the Occupational Safety and Health Ad5 ministration.

6 (e) CIVIL PENALTIES.—The Department’s contractor

7 operating a federally owned or operated nonmilitary en8 ergy laboratory shall not be liable for civil penalties under

9 the Atomic Energy Act of 1954 or the Occupational Safety

10 and Health Act of 1970 for any actions taken before Octo11 ber 1, 2000, pursuant to the transfer of regulatory and

12 enforcement responsibilities required by this section.

13 (f) INDEMNIFICATION.—The Secretary shall continue

14 to indemnify federally owned or operated nonmilitary en15 ergy laboratories in accordance with the provisions of sec16 tion 170d. of the Atomic Energy Act of 1954.

17 (g) DEPARTMENT OF ENERGY REPORTING REQUIRE18 MENT.—By October 31, 1999, the Secretary shall trans19 mit to the Committee on Science and the Committee on

20 Appropriations of the House of Representatives, and the

21 Committee on Energy and Natural Resources and the

22 Committee on Appropriations of the Senate, a plan for

23 the termination of the Department’s regulatory and en24 forcement responsibilities for federally owned or operated
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1 nonmilitary energy laboratories required by this section.

2 The report shall include—

3 (1) a detailed transition plan, drafted in coordi4 nation with the Nuclear Regulatory Commission and

5 the Occupational Safety and Health Administration,

6 giving the schedule for termination of self-regulation

7 authority as outlined in subsection (a), including the

8 activities to be coordinated with the Nuclear Regu9 latory Commission and the Occupational Safety and

10 Health Administration;

11 (2) a description of any issues remaining to be

12 resolved with the Nuclear Regulatory Commission,

13 the Occupational Safety and Health Administration,

14 or other external regulators, and a timetable for re15 solving such issues before January 1, 2000;

16 (3) an estimate of—

17 (A) the annual cost of administering and

18 implementing self-regulation of environmental,

19 safety, and health activities at federally owned

20 or operated nonmilitary energy laboratories;

21 (B) the number of Federal and contractor

22 employees administering and implementing such

23 self-regulation;

24 (C) the cost of external regulation based

25 on the pilot project of simulated Nuclear Regu-
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1 latory Commission regulation which has already

2 been conducted; and

3 (D) the extent and schedule by which the

4 Department and laboratory staffs will be re5 duced as a result of implementation of this sec6 tion; and

7 (4) a description of regulatory or enforcement

8 authorities the Department determines it will be re9 quired to retain pursuant to subsection (a)(2).

Æ