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 AUTHOR-
ITY.—
(1) NUCLEAR SAFETY REGULATORY AND EN-
FORCEMENT 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 of Energy under the Atomic Energy 
Act of 1954 with regard to nonmilitary energy lab-
oratories 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 of Energy 
regulatory and enforcement responsibilities described 
in paragraph (1), the Nuclear Regulatory Commis-
sion may regulate, through licensing, certification, or 
other appropriate means, the Department’s contrac-
tors. 
(3) DECOMMISSIONING.—A contractor oper-
ating a nonmilitary energy laboratory owned by the
Department of Energy shall not be responsible for 
the costs of decommissioning that facility. No en-
forcement action may be taken against such con-
tractor for any violation of Nuclear Regulatory Com-
mission decommissioning requirements, if such viola-
tion is the result of a failure of the Department to 
authorize or fund decommissioning activities. The 
Nuclear Regulatory Commission and the Depart-
ment shall, not later than 1 year after the date of 
enactment of this Act, enter into a memorandum of 
understanding establishing decommissioning proce-
dures and requirements for nonmilitary energy lab-
oratories owned or operated by the Department. 
(4) ACCELERATORS.—Notwithstanding the pro-
visions 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 Regu-
latory 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-pro-
duced radioisotopes, and naturally occurring radio-
active 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 com-
pleted 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 as-
sumed 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 Com-
mission establishing standards to govern nonmilitary 
energy laboratories owned or operated by the De-
partment 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 Depart-
ment is in compliance with such standards and all 
applicable Commission regulations or orders.’’.
(7) EMPLOYEE PROTECTION.—Any Department 
of Energy contractor operating a nonmilitary energy
laboratory that is regulated by the Nuclear Regu-
latory Commission under this section shall be sub-
ject 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 arrange-
ments of the Nuclear Regulatory Commission pro-
posed 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 re-
sponsibilities of the Department of Energy 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 De-
partment, 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 De-
partment of Energy contractor operating such a lab-
oratory shall, with respect to matters relating to oc-
cupational 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 RA-
DIOLOGICAL
AND
NON-RADIOLOGICAL
COMPO-
NENT.—If a hazard at a nonmilitary energy labora-
tory owned or operated by the Department of En-
ergy presents a risk of occupational exposure and 
contains both a radiological and non-radiological 
component, the Occupational Safety and Health Ad-
ministration and the Nuclear Regulatory Commis-
sion shall, effective 2 years after the date of enact-
ment of this Act, share regulatory and enforcement 
responsibilities with respect to the hazard in accord-
ance with the memorandum of understanding en-
tered into pursuant to subsection (d). 
(d) MEMORANDUM OF UNDERSTANDING.—The Nu-
clear 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 under-
standing to govern the exercise of their respective authori-
ties over nuclear safety and occupational safety and health 
at nonmilitary energy laboratories owned or operated by 
the Department of Energy. 
(e) CIVIL PENALTIES.—The Department of Energy’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 reg-
ulatory and enforcement responsibilities required by this 
section. 
(f) INDEMNIFICATION.—The Secretary of Energy 
shall continue to indemnify nonmilitary energy labora-
tories owned or operated by the Department in accordance 
with the provisions of section 170 d. of the Atomic Energy 
Act of 1954. 
(g) DEPARTMENT OF ENERGY REPORTING REQUIRE-
MENT.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary of Energy shall transmit 
to the Congress a plan for the termination of the Depart-
ment of Energy’s regulatory and enforcement responsibil-
ities for nonmilitary energy laboratories owned or operated