I 

108TH CONGRESS 

1ST SESSION H. R. 1758

To amend the Energy Employees Occupational Illness Compensation Program 

Act of 2000 to improve the program of benefits for contractor employees 

of the Department of Energy who were exposed to toxic substances 

at Department of Energy facilities, to provide coverage under subtitle 

B of that Act for certain additional individuals and illnesses, to establish 

an ombudsman, to make technical corrections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. STRICKLAND (for himself, Mr. WHITFIELD, Mr. HOLDEN, Mr. KANJORSKI, Ms. SLAUGHTER, Mr. GIBBONS, Mr. BROWN of Ohio, Mrs. 

TAUSCHER, Ms. DEGETTE, Mr. UDALL of Colorado, Mr. COOPER, Mr. 

BEAUPREZ, Mr. MCGOVERN, Mr. MURTHA, Mr. INSLEE, Mr. DAVIS of 

Tennessee, Mr. FROST, Ms. BERKLEY, and Mr. UDALL of New Mexico) 

introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on 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 amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to improve the program 

of benefits for contractor employees of the Department 

of Energy who were exposed to toxic substances at Department of Energy facilities, to provide coverage under 

subtitle B of that Act for certain additional individuals 

and illnesses, to establish an ombudsman, to make technical corrections, and for other purposes.
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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Reform of Energy Workers Compensation Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purpose. 

TITLE I—AUTHORIZATION OF A THIRD-PARTY PAYOR FOR DOE 

CONTRACTOR EMPLOYEES EXPOSED TO TOXIC SUBSTANCES 

Sec. 101. Benefits. 

Sec. 102. GAO report. 

TITLE II—AMENDMENTS RELATING TO SUBTITLE B OF 

PROGRAM 

Sec. 201. Coverage for chronic renal disease. 

Sec. 202. Coverage for lung cancer in covered beryllium employees. 

Sec. 203. Time limits. 

Sec. 204. Correcting problems in the radioepidemiologic model for determining 

compensation. 

Sec. 205. Additional specified cancers. 

Sec. 206. Coverage for individuals employed by atomic weapons employers or 

beryllium employees during period of residual contamination. 

Sec. 207. Coordination with Radiation Exposure Compensation Act. 

Sec. 208. Extension of coverage to certain workers. 

Sec. 209. Report by National Institute for Occupational Safety and Health on 

institute’s access to information relating to performing radiation dose reconstructions. 

Sec. 210. Technical corrections. 

TITLE III—PROVISIONS RELATING TO EITHER SUBTITLE OF ACT 

Sec. 301. Providing administrative relief in cases where medical records are not 

available. 

Sec. 302. Resource centers and outreach programs. 

Sec. 303. Office of the Ombudsman. 

Sec. 304. Assignment of claims. 

Sec. 305. Memorandum of agreement.

8 SEC. 2. FINDINGS; PURPOSE. 

9 (a) FINDINGS.—The Congress finds the following: 
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1 (1) The Energy Employees Occupational Illness 

2 Compensation Program Act of 2000 (42 U.S.C. 

3 7384 et seq.) (hereinafter in this section referred to 

4 as ‘‘EEOICPA’’) was intended to ensure the pay5 ment of timely, uniform, adequate compensation 

6 with respect to covered employees (and, where appli7 cable, survivors of such employees) suffering from 

8 occupational illnesses incurred by such employees in 

9 the performance of duty for the Department of En10 ergy and certain of its contractors, subcontractors, 

11 and vendors, and to provide parity for uranium min12 ers under the Radiation Exposure Compensation Act 

13 (42 U.S.C. 2210 note). 

14 (2) Four Federal agencies, the Departments of 

15 Labor, Health and Human Services, Energy, and 

16 Justice, have been assigned responsibilities under 

17 EEOICPA pursuant to Executive Order No. 13179, 

18 dated December 7, 2000 (42 U.S.C. 7384 note). 

19 (3) The Department of Labor began accepting 

20 claims July 31, 2001, and the Department of Health 

21 and Human Services, through the National Institute 

22 for Occupational Safety and Health, will perform ra23 diation dose reconstruction for cancer claims and 

24 evaluate petitions for Special Exposure Cohorts. 
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1 (4) The Department of Energy finalized its reg2 ulations governing claims under Subtitle D of 

3 EEOICPA on August 14, 2002. Those regulations 

4 require claimants to use a State workers’ compensa5 tion system to secure benefits after receiving a posi6 tive finding from a Department of Energy physi7 cians panel. The Department of Energy has con8 ceded, however, that it will not have a willing payor 

9 for as many as 50 percent of the claims that are 

10 meritorious. As a consequence, many deserving 

11 claimants with a positive determination from a De12 partment of Energy physicians panel will nonetheless 

13 be denied benefits. 

14 (5) The Department of Energy’s regulations (at 

15 10 C.F.R. Part 852) direct contractors of the De16 partment to adopt a non-adversarial posture in state 

17 workers’ compensation proceedings, which, by virtue 

18 of State law, are structured as an adversarial forum. 

19 The policy of the Department of Energy requiring 

20 its contractors to adopt a non-adversarial posture 

21 within an adversarial State workers’ compensation 

22 system should be remedied by utilizing a non-adver23 sarial dispute resolution system. Taxpayers would 

24 also benefit from placing claimants in a non-adver25 sarial system, such as the type of systems adminis-
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1 tered by the Department of Labor under subtitle B 

2 of EEOICPA, as doing so would assure that disabil3 ities related to occupational illnesses would be com4 pensated proportional to the degree of injury. 

5 (6) In order to assure that congressional intent 

6 is honored with respect to the Department of Ener7 gy’s program of worker assistance for occupational 

8 illnesses that arose out of the course of employment 

9 from exposure to toxic substances at Department of 

10 Energy facilities, the Department of Energy’s imple11 mentation of subtitle D of EEOICPA requires the 

12 creation of a third-party payor to assure payment of 

13 valid worker compensation claims. 

14 (7) Certain renal diseases related to uranium 

15 exposure and cancers related to employment by be16 ryllium vendors should be added to coverage under 

17 subtitle B. 

18 (8) Congress intended that follow-up imple19 menting legislation would be required when it passed 

20 EEOICPA in October 2000. Indeed, section 3613 of 

21 EEOICPA directed the administration to provide 

22 such follow-up implementing legislation. Although 

23 such draft legislation was forwarded to Congress on 

24 January 15, 2001, no action was taken. However, in 

25 December 2001, Congress adopted technical amend-
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1 ments to EEOICPA. Since then, significant short2 comings in EEOICPA have been identified as the 3 

3 Federal agencies have begun implementing 

4 EEOICPA. 

5 (b) PURPOSE.—The purpose of this Act is to amend 

6 EEOICPA to—

7 (1) ensure that all meritorious claims for occu8 pational illness caused by exposure to toxic sub9 stances at Department of Energy facilities are 

10 promptly, equitably, and efficiently compensated 

11 under subtitle D of EEOICPA, through the estab12 lishment of the Department of Labor as a third13 party payor and the use of the Fund established 

14 under EEOICPA; 

15 (2) enhance assistance to claimants through an 

16 ombudsman, outreach, and resource centers; 

17 (3) ensure that there is parity in treatment of 

18 chronic renal disease between uranium-exposed De19 partment of Energy employees (including employees 

20 of contractors, subcontractors, and atomic weapons 

21 employer facilities) and the uranium-exposed work22 ers under the Radiation Exposure Compensation 

23 Act; 

24 (4) provide coverage of lung cancer for beryl25 lium-exposed workers; 
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1 (5) authorize the Secretary of Energy to expand 

2 dates of coverage for atomic energy weapons facili3 ties, or beryllium vendors, beyond the dates for 

4 which such facilities were under contract to the 

5 Atomic Energy Commission and the Department of 

6 Energy, if specified by the National Institute for Oc7 cupational Safety and Health in the reports required 

8 by section 3151(b)(2)(A)(ii) of the National Defense 

9 Authorization Act for Fiscal Year 2002 (42 U.S.C. 

10 7384 note) or any subsequent report; 

11 (6) provide for an advisory committee for the 

12 Department of Energy; and 

13 (7) make administrative improvements and 

14 technical corrections. 

15 TITLE I—AUTHORIZATION OF A 

16 THIRD-PARTY PAYOR FOR 

17 DOE CONTRACTOR EMPLOY18 EES EXPOSED TO TOXIC SUB19 STANCES 

20 SEC. 101. BENEFITS. 

21 Subtitle D of the Energy Employees Occupational Ill22 ness Compensation Program Act of 2000 (42 U.S.C. 

23 7385o) is amended to read as follows: 
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1 ‘‘Subtitle D—Third-Party Payor for 

2 DOE Contractor Employees Ex3 posed to Toxic Substances 

4 ‘‘SEC. 3661. DEFINITIONS. 

5 ‘‘In this subtitle: 

6 ‘‘(1) The term ‘DOE contractor’ means any of 

7 the following: 

8 ‘‘(A) A contractor (or subcontractor at any 

9 tier) of the Department of Energy. 

10 ‘‘(B) A contractor (or subcontractor at any 

11 tier) of USEC, a Government-owned corpora12 tion, during the period beginning on July 1, 

13 1993, and ending on July 28, 1998. 

14 ‘‘(2) The term ‘DOE contractor employee’ 

15 means any of the following: 

16 ‘‘(A) An employee of a contractor (or sub17 contractor at any tier) of the Department of 

18 Energy. 

19 ‘‘(B) An employee of a contractor (or sub20 contractor at any tier) of USEC, a Govern21 ment-owned corporation, during the period be22 ginning on July 1, 1993, and ending on July 

23 28, 1998. 

24 ‘‘(3) The term ‘covered DOE contractor em25 ployee’ means a DOE contractor employee, if a 
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1 claim relating to that employee is forwarded by the 

2 Secretary of Energy under section 3662(d)(3)(A) to 

3 the Secretary of Labor for payment under section 

4 3663. 

5 ‘‘(4) The term ‘specified illness’ means, with re6 spect to a covered DOE contractor employee, the ill7 ness by reason of which the claim relating to that 

8 employee was forwarded by the Secretary of Energy 

9 under section 3662(d)(3)(A) to the Secretary of 

10 Labor for payment under section 3663. 

11 ‘‘SEC. 3662. DETERMINATIONS OF CAUSATION BY DEPART12 MENT OF ENERGY. 

13 ‘‘(a) PROCEDURE FOR SUBMITTING CLAIMS.—

14 ‘‘(1) IN GENERAL.—The Secretary of Energy 

15 shall establish, by regulation, procedures under 

16 which an individual may submit a claim for benefits 

17 under this subtitle due to occupational illness from 

18 exposure to toxic substances. The procedures shall 

19 ensure that each such claim receives a determination 

20 by the Secretary of Energy not later than 180 days 

21 after the receipt of the claim. 

22 ‘‘(2) NOTICE TO CLAIMANT.—Not later than 10 

23 days after the receipt of a claim under paragraph 

24 (1), the Secretary of Energy shall notify the claim25 ant of the receipt of the claim and provide the name, 
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1 address, and phone number of a person capable of 

2 answering questions and providing additional infor3 mation with respect to the procedures and benefits 

4 under this subtitle. 

5 ‘‘(b) INITIAL REVIEW BY DOE.—

6 ‘‘(1) EVIDENCE REQUIRED.—The Secretary of 

7 Energy shall review each claim submitted under this 

8 section and, for each such claim, determine not later 

9 than 30 days after receipt of the claim whether the 

10 claimant submitted reasonable evidence of both of 

11 the following: 

12 ‘‘(A) The claim was filed by or on behalf 

13 of a DOE contractor employee or such employ14 ee’s estate. 

15 ‘‘(B) The illness or death of the DOE con16 tractor employee may have been related to em17 ployment at a Department of Energy facility. 

18 ‘‘(2) DETERMINATIONS.—

19 ‘‘(A) If the Secretary determines that the 

20 claimant did not submit reasonable evidence 

21 under either paragraph (1)(A) or (1)(B), or 

22 both, the Secretary shall, not later than 10 days 

23 after making such determination, notify the 

24 claimant of such determination and include the 
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1 claimant’s options for appeal or for submitting 

2 additional evidence. 

3 ‘‘(B) If the Secretary determines that the 

4 claimant did submit reasonable evidence under 

5 both paragraphs (1)(A) and (1)(B), the Sec6 retary shall—

7 ‘‘(i) not later than 10 days after mak8 ing such determination, notify the claimant 

9 of such determination; 

10 ‘‘(ii) ensure that the claimant is af11 forded the opportunity to review the entire 

12 record, and to supplement the record with13 in 30 days after the date on which infor14 mation is provided by the DOE contractor, 

15 before the claim is submitted to a physi16 cians panel; 

17 ‘‘(iii) not later than 10 days after the 

18 claimant supplements the record under 

19 clause (ii), submit the claim to a physi20 cians panel for review under subsection (c); 

21 and 

22 ‘‘(iv) not later than 10 days after sub23 mitting the claim to a physicians panel, no24 tify the claimant of such submission. 

25 ‘‘(c) REVIEW BY PHYSICIANS PANELS.—
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1 ‘‘(1) COMPOSITION.—

2 ‘‘(A) The Secretary of Energy shall inform 

3 the Secretary of Health and Human Services of 

4 the number of physicians panels the Secretary 

5 of Energy has determined to be appropriate to 

6 administer this section, the number of physi7 cians needed for each panel, and the area of ju8 risdiction of each panel. 

9 ‘‘(B) The Secretary of Health and Human 

10 Services shall appoint panel members with expe11 rience and competency in diagnosing occupa12 tional illnesses under section 3109 of title 5, 

13 United States Code. Each member of a panel 

14 shall be paid at a rate not to exceed 121 per15 cent of the rate of pay payable for level I of the 

16 Executive Schedule for each day (including 

17 travel time) the member is engaged in the work 

18 of a panel. 

19 ‘‘(C) A panel established under this sub20 section shall not be subject to the Federal Advi21 sory Committee Act (5 U.S.C. App.). 

22 ‘‘(2) OPERATION.—

23 ‘‘(A) The Secretary of Energy shall assist 

24 the claimant in obtaining additional evidence 

25 within the control of the Department of Energy 
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1 or a DOE contractor who employed a DOE 

2 contractor employee and relevant to the panel’s 

3 deliberations. 

4 ‘‘(B) At the request of a panel, the Sec5 retary of Energy and a DOE contractor who 

6 employed a DOE contractor employee shall pro7 vide additional information relevant to the pan8 el’s deliberations. A panel may consult special9 ists in relevant fields as it determines nec10 essary. 

11 ‘‘(C) In any case in which the panel finds 

12 that additional diagnostic testing or an expo13 sure assessment is necessary to the panel’s de14 liberations—

15 ‘‘(i) the panel shall so notify the Sec16 retary of Energy and the claimant; 

17 ‘‘(ii) the claimant may obtain such di18 agnostic testing or exposure assessment 

19 using a qualified physician chosen by the 

20 claimant or a qualified occupational health 

21 expert (as applicable) or, if the claimant so 

22 desires, may obtain such diagnostic testing 

23 or exposure assessment using the program 

24 carried out under section 3162 of the Na25 tional Defense Authorization Act for Fiscal 
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1 Year 1993 (42 U.S.C. 7274i) to monitor 

2 Department of Energy workers exposed to 

3 hazardous and radioactive substances; and 

4 ‘‘(iii) any costs of such diagnostic 

5 testing or exposure assessment shall be 

6 paid for from the Fund established under 

7 section 3612 and shall be provided by the 

8 Secretary of Energy through a method 

9 under which the claimant is not required 

10 to advance any amount toward payment of 

11 such costs. 

12 ‘‘(D) The Secretary of Energy is author13 ized to enter into or modify cooperative agree14 ments with providers who are implementing the 

15 program carried out under section 3162 of the 

16 National Defense Authorization Act for Fiscal 

17 Year 1993 (42 U.S.C. 7274i) to provide addi18 tional medical testing or assessments of expo19 sures to toxic substances at Department of En20 ergy facilities to claimants under circumstances 

21 covered by subparagraph (C). 

22 ‘‘(3) DETERMINATION OF CAUSATION.—A panel 

23 shall review a claim submitted to it under this sub24 section and shall determine, under guidelines estab25 lished by the Secretary of Energy, by regulation, 
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1 whether the illness or death that is the subject of 

2 the claim arose out of and in the course of employ3 ment by the Department of Energy and exposure to 

4 a toxic substance at a Department of Energy facil5 ity. For purposes of the preceding sentence, illness 

6 or death shall be deemed to arise out of and in the 

7 course of employment by the Department of Energy 

8 and exposure to a toxic substance at a Department 

9 of Energy facility if—

10 ‘‘(A) exposure to the toxic substance (or 

11 substances, as the case may be) was a signifi12 cant factor which aggravated, contributed to, or 

13 caused the illness or death; or 

14 ‘‘(B) the illness was, or the death was 

15 caused by, a specified cancer under section 

16 3621(17), and the individual to which the claim 

17 relates is a member of the Special Exposure Co18 hort who meets the requirements of subpara19 graph (A) of section 3621(9). 

20 ‘‘(4) MAJORITY VOTE.—A determination under 

21 paragraph (3) shall be made by majority vote. 

22 ‘‘(5) REPORT TO SECRETARY.—Once a panel 

23 has made a determination under paragraph (3), it 

24 shall report to the Secretary of Energy its deter25 mination and the basis for the determination. 
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1 ‘‘(d) REVIEW OF PANEL DETERMINATIONS.—

2 ‘‘(1) IN GENERAL.—The Secretary of Energy 

3 shall review a panel’s determination under sub4 section (c)(3), information the panel considered in 

5 reaching its determination, any relevant new infor6 mation not reasonably available at the time of the

7 panel’s deliberations, and the basis for the panel’s 

8 determination. 

9 ‘‘(2) ACCEPTANCE OF PANEL DETERMINA10 TION.—As a result of the review under paragraph 

11 (1), the Secretary shall accept the panel’s deter12 mination in the absence of a preponderance of evi13 dence to the contrary. 

14 ‘‘(3) ACTION UPON ACCEPTED CLAIMS.—If the 

15 panel has made a positive determination under sub16 section (c)(3) and the Secretary accepts the deter17 mination under paragraph (2), or the panel has 

18 made a negative determination under subsection 

19 (c)(3) and the Secretary finds significant evidence to 

20 the contrary—

21 ‘‘(A) the Secretary of Energy shall within 

22 10 days forward the claim to the Secretary of 

23 Labor for payment under section 3663, to24 gether with information relating to—
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1 ‘‘(i) the DOE contractor employee to 

2 whom the claim relates; 

3 ‘‘(ii) the illness to which the claim re4 lates; 

5 ‘‘(iii) the determination of the panel 

6 and the basis for the determination; 

7 ‘‘(iv) the acceptance of the Secretary 

8 and the basis for the acceptance; 

9 ‘‘(v) the employment to which the 

10 claim relates, including available wage or 

11 salary information; and 

12 ‘‘(vi) any other matter that the Sec13 retary of Labor considers necessary; and 

14 ‘‘(B) the Secretary of Energy thereafter—

15 ‘‘(i) shall not contest such claim; 

16 ‘‘(ii) shall not contest an award made 

17 regarding such claim; and 

18 ‘‘(iii) shall direct the DOE contractor 

19 who employed the DOE contractor em20 ployee to which the claim relates not to 

21 contest such claim or such award in any 

22 administrative or judicial forum, and such 

23 obligation in no case shall be considered 

24 discretionary; and
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1 ‘‘(C) any costs of contesting a claim or an 

2 award regarding the claim incurred by the 

3 DOE contractor who employed the DOE con4 tractor employee who is the subject of the claim 

5 shall not be an allowable cost under a Depart6 ment of Energy contract. 

7 ‘‘(e) ACCESS TO INFORMATION.—

8 ‘‘(1) DUTY TO PROVIDE INFORMATION.—At the 

9 request of the Secretary of Energy, a DOE con10 tractor who employed a DOE contractor employee 

11 and any other entity possessing information related 

12 to such employee relevant to deliberations under this 

13 section shall make such information available to the 

14 Secretary. 

15 ‘‘(2) COPIES TO CLAIMANT.—The Secretary of 

16 Energy shall require that a DOE contractor who 

17 provides any information to the Secretary or a panel 

18 under this section shall simultaneously provide such 

19 information to the claimant. 

20 ‘‘(f) ADMINISTRATIVE AND JUDICIAL REVIEW.—The 

21 Secretary of Energy shall establish a process under which 

22 a claimant may obtain prompt and independent adminis23 trative review of any adverse determination by the Sec24 retary under subsection (b) or (d) or by a panel under 

25 subsection (c). The results of any such administrative re-
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1 view shall be deemed to be a final agency action subject 

2 to judicial review. 

3 ‘‘(g) WORKER ADVOCACY ADVISORY COMMITTEE.—

4 ‘‘(1) ESTABLISHMENT.—(A) Not later than 90 

5 days after the date of the enactment of this section, 

6 the Secretary of Energy shall establish and appoint 

7 a Worker Advocacy Advisory Committee (hereinafter 

8 in this subsection referred to as the ‘‘Committee’’). 

9 The Committee shall be comprised of not more than 

10 20 members. 

11 ‘‘(B) The Secretary shall ensure that the mem12 bership of the Committee reflects a balance of the 

13 following perspectives: claimants; Department of En14 ergy contractor employees; Department of Energy 

15 contractors and subcontractors; State and Federal 

16 workers’ compensation programs; insurers; and indi17 viduals with relevant medical and scientific expertise. 

18 ‘‘(C) The Secretary shall make appointments to 

19 the Committee in consultation with organizations 

20 with expertise on worker health and worker com21 pensation issues. 

22 ‘‘(D) The Committee shall have a chair, who 

23 shall be designated by the Secretary from among the 

24 members of the Committee. 
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1 ‘‘(E) The Committee shall meet as often as nec2 essary, but not less often than on a quarterly basis. 

3 ‘‘(2) DUTIES.—The duty of the Committee 

4 shall be to advise the Secretary of Energy on the fol5 lowing matters under this subtitle: 

6 ‘‘(A) The procedures for processing claims, 

7 gathering data with respect to claims, and com8 municating with claimants with respect to 

9 claims. 

10 ‘‘(B) The adequacy and effectiveness of the 

11 exposure assessments and medical criteria used 

12 in the resolution of claims. 

13 ‘‘(C) Interagency relations with the De14 partment of Labor and the National Institute 

15 for Occupational Safety and Health and with 

16 willing payors for claims approved by physicians 

17 panels. 

18 ‘‘(D) The administrative procedures used 

19 for the operations of physicians panels. 

20 ‘‘(E) The adequacy of physicians panel de21 terminations, reviewed in a manner consistent 

22 with the requirements of the Privacy Act. 

23 ‘‘(F) The concerns raised by claimants and 

24 the responses to those concerns. 
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1 ‘‘(G) Reforms and improvements that may 

2 require legislation. 

3 ‘‘(H) Any other matters related to the op4 erations and activities of the Office of Worker 

5 Advocacy that the Secretary considers appro6 priate. 

7 ‘‘(3) RECOMMENDATIONS.—Any recommenda8 tions of the Committee shall be transmitted to the

9 Secretary of Energy and made available to the pub10 lic in electronic and paper form. 

11 ‘‘(4) REPORTS.—Not later than once every 6 

12 months, the Committee shall transmit a report de13 tailing the activities of the Committee, including its 

14 written recommendations and the Secretary’s re15 sponse to such recommendations, to—

16 ‘‘(A) the Committee on Armed Services, 

17 Committee on Appropriations, Committee on 

18 the Judiciary, and Committee on Health, Edu19 cation, Labor, and Pensions of the Senate; and 

20 ‘‘(B) the Committee on Armed Services, 

21 Committee on Appropriations, Committee on 

22 the Judiciary, and Committee on Education 

23 and the Workforce of the House of Representa24 tives. 
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1 ‘‘(5) STAFF.—The Secretary of Energy shall 

2 provide the Committee with sufficient staff to facili3 tate the work of the Committee. 

4 ‘‘(6) EXPENSES.—Members of the Committee, 

5 other than full time employees of the United States, 

6 while attending or preparing for meetings of the 

7 Committee or while otherwise serving at the request 

8 of the Secretary, while serving away from their 

9 homes or regular places of businesses, shall be al10 lowed travel and meal expenses including per diem 

11 in lieu of subsistence, as authorized by section 5703 

12 of title 5, United States Code, for individuals in the 

13 Government serving without pay. 

14 ‘‘(h) REPORT TO CONGRESS.—Not later than Feb15 ruary 1 of each year, the Secretary of Energy shall submit 

16 to Congress a report on the implementation and operation 

17 of this section. The report shall include, for the preceding 

18 calendar year—

19 ‘‘(1) the number of claims received under this 

20 subtitle; 

21 ‘‘(2) the size of the backlog in processing such 

22 claims; 

23 ‘‘(3) the number of such claims submitted to a 

24 physicians panel; 
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1 ‘‘(4) the number of such claims for which a 

2 panel made a determination, including the number 

3 of determinations that were positive and the number 

4 that were negative; 

5 ‘‘(5) the number of determinations accepted 

6 and denied by the Secretary; 

7 ‘‘(6) the number of claims denied under sub8 section (b) for failure to submit reasonable evidence; 

9 ‘‘(7) the number and type of diagnostic tests 

10 and exposure assessments requested by a panel, and 

11 the number and type of such tests and assessments 

12 that were carried out; 

13 ‘‘(8) the number and type of claims appealed, 

14 and the dispositions of such appeals; and 

15 ‘‘(9) the expenditures made, and staff and con16 tractors employed, in carrying out the Department 

17 of Energy’s responsibilities under this section. 

18 ‘‘(i) REGULATIONS.—Not later than 120 days after 

19 the date of the enactment of the Reform of Energy Work20 ers Compensation Act, the Secretary of Energy shall pre21 scribe new regulations to carry out that Act and the 

22 amendments to this title made by that Act. The new regu23 lations may, to the extent not inconsistent with this title 

24 (as so amended), incorporate the regulations in effect be25 fore the date of the enactment of that Act. 
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1 ‘‘(j) TRANSITION.—Until the new regulations under 

2 subsection (i) are in effect, the Secretary of Energy shall, 

3 to the extent not inconsistent with this title (as amended 

4 by the Reform of Energy Workers Compensation Act) and 

5 without prejudicing any claimant, continue to process 

6 claims under this title (as so amended). 

7 ‘‘SEC. 3663. PAYMENT OF BENEFITS BY DEPARTMENT OF 

8 LABOR ACTING AS A THIRD-PARTY ADMINIS9 TRATOR FOR THE DEPARTMENT OF ENERGY. 

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) PAYMENTS.—In each case in which section 

12 3662(d)(3) provides for the Secretary of Energy to 

13 forward a claim to the Secretary of Labor for pay14 ments to be made with respect to a covered DOE 

15 contractor employee, such payments shall be made in 

16 accordance with this section by the Secretary of 

17 Labor. 

18 ‘‘(2) MEDICAL BENEFITS.—Each covered DOE 

19 contractor employee shall receive medical benefits 

20 under section 3629 for that employee’s specified ill21 ness. 

22 ‘‘(3) PAYMENT FROM FUND.—The compensa23 tion provided under this section shall be paid from 

24 the Fund established under section 3612. 
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1 ‘‘(b) DUTY OF SECRETARY OF LABOR.—The Sec2 retary of Labor shall have the duty to carry out this sec3 tion. 

4 ‘‘(c) NATURE AND AMOUNT OF PAYMENTS.—

5 ‘‘(1) IN GENERAL.—The following provisions of 

6 subchapter I of chapter 81 of title 5, United States 

7 Code, apply to a covered DOE contractor employee 

8 (including the regulations prescribed with respect to 

9 those provisions, adapted as appropriate), and the 

10 Secretary of Labor shall provide, with respect to 

11 that employee and that employee’s specified illness, 

12 payments determined in accordance with those provi13 sions: Sections 8102(a), 8105, 8106, 8107, 8108, 

14 8109, 8110, 8111(a), 8112, 8114, 8115, 8116, 

15 8117, 8133, 8134, and 8146a. 

16 ‘‘(2) ORGANS AND PHYSIOLOGICAL SYSTEMS.—

17 For purposes of carrying out this subtitle, the Sec18 retary of Labor shall prescribe additional regulations 

19 for resolving claims under this subtitle of partial or 

20 total loss of use of function of organs or physio21 logical systems that are not already covered by exist22 ing regulations. Such additional regulations shall 

23 cover the liver, brain, stomach, heart, esophagus, 

24 bladder, thyroid, pancreas, and nervous system, and 

25 such additional organs and physiological systems as 
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1 the Secretary considers appropriate. The Secretary 

2 shall issue such regulations not later than 90 days 

3 after the date of the enactment of the Reform of 

4 Energy Workers Compensation Act. 

5 ‘‘(d) ADMINISTRATIVE AND JUDICIAL REVIEW.—

6 ‘‘(1) IN GENERAL.—The Secretary of Labor 

7 shall establish a process, utilizing the process that 

8 applies under subtitle B of this title to the maximum 

9 extent practicable, under which a claimant may ob10 tain administrative review of any adverse determina11 tion by the Secretary of Labor under this section.

12 Such process shall not apply to any adverse deter13 mination by the Secretary of Energy. 

14 ‘‘(2) JUDICIAL REVIEW.—The results of any 

15 such administrative review shall be deemed to be a 

16 final agency action subject to judicial review in the 

17 United States district court for the district in which 

18 the claimant resides. 

19 ‘‘(3) ATTORNEY FEES.—In any proceeding pur20 suant to this subsection, attorney fees shall be avail21 able on the same basis as such fees are available 

22 under section 28 of the Longshore and Harbor 

23 Workers’ Compensation Act (33 U.S.C. 928). 
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1 ‘‘SEC. 3664. GENERAL PROVISIONS RELATING TO RESOLU2 TION OF CLAIMS. 

3 ‘‘(a) NONADVERSARIAL.—The Secretary of Energy 

4 and the Secretary of Labor shall each ensure that claims 

5 under this subtitle are resolved in a nonadversarial man6 ner. 

7 ‘‘(b) NO STATUTE OF LIMITATIONS.—A claim under 

8 this subtitle shall not be barred by any statute of limita9 tions. 

10 ‘‘SEC. 3665. OFFSET FOR CERTAIN PAYMENTS. 

11 ‘‘(a) IN GENERAL.—A claimant awarded benefits 

12 under this subtitle as a result of a specified illness or 

13 death of a DOE contractor employee who receives benefits 

14 because of the same illness or death from any State work15 ers’ compensation system shall receive the benefits speci16 fied in this subtitle for such illness or death, reduced by 

17 the amount of any workers’ compensation benefits that the 

18 claimant receives or will receive on account of such illness 

19 or death under any State workers’ compensation system 

20 during the period that awarded benefits are provided 

21 under this subtitle, after deducting the reasonable costs, 

22 as determined by the Secretary of Labor by regulation, 

23 of obtaining such benefits. 

24 ‘‘(b) REIMBURSEMENT TO STATES WITH EXCLUSIVE

25 STATE FUNDS.—In a case referred to in subsection (a) 

26 that relates to a State workers’ compensation system with 
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1 an exclusive State fund, the Secretary of Labor shall pro2 vide reimbursement to such State workers’ compensation 

3 system for the amount of workers’ compensation benefits 

4 from such State workers’ compensation system that the 

5 claimant receives after the date of the Secretary’s deter6 mination that the claimant is entitled to benefits under 

7 this subtitle. 

8 ‘‘SEC. 3666. SUBROGATION OF THE UNITED STATES NOT AP9 PLICABLE. 

10 ‘‘Notwithstanding any other provision of law, the 

11 United States has no right of subrogation against any per12 son by reason of payments or other benefits provided 

13 under this subtitle. 

14 ‘‘SEC. 3667. CERTIFICATION OF TREATMENT OF PAYMENTS 

15 UNDER OTHER LAWS. 

16 ‘‘Compensation or benefits provided to an individual 

17 under this subtitle—

18 ‘‘(1) shall be treated for purposes of the inter19 nal revenue laws of the United States as damages 

20 for human suffering; and 

21 ‘‘(2) shall not be included as income or re22 sources for purposes of determining eligibility to re23 ceive benefits described in section 3803(c)(2)(C) of 

24 title 31, United States Code, or the amount of such 

25 benefits. 
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1 ‘‘SEC. 3668. CERTAIN CLAIMS NOT AFFECTED BY AWARDS 

2 OF DAMAGES. 

3 ‘‘A payment under this subtitle shall not be consid4 ered as any form of compensation or reimbursement for 

5 a loss for purposes of imposing liability on any individual 

6 receiving such payment, on the basis of such receipt, to 

7 repay any insurance carrier for insurance payments; and 

8 a payment under this subtitle shall not affect any claim 

9 against an insurance carrier with respect to insurance. 

10 ‘‘SEC. 3669. FORFEITURE OF BENEFITS BY CONVICTED FEL11 ONS. 

12 ‘‘(a) FORFEITURE OF COMPENSATION.—Any indi13 vidual convicted of a violation of section 1920 of title 18, 

14 United States Code, or any other Federal or State crimi15 nal statute relating to fraud in the application for or re16 ceipt of any benefit under this title or under any other 

17 Federal or State workers’ compensation law, shall forfeit 

18 (as of the date of such conviction) any entitlement to any 

19 compensation or benefit under this subtitle such individual 

20 would otherwise be awarded for any injury, illness or death 

21 covered by this subtitle for which the time of injury was 

22 on or before the date of the conviction. 

23 ‘‘(b) INFORMATION.—Notwithstanding section 552a 

24 of title 5, United States Code, or any other Federal or 

25 State law, an agency of the United States, a State, or a 

26 political subdivision of a State shall make available to the 
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1 Secretary of Labor, upon written request from the Sec2 retary and if the Secretary requires the information to 

3 carry out this section, the names and Social Security ac4 count numbers of individuals confined, for conviction of 

5 a felony, in a jail, prison, or other penal institution or cor6 rectional facility under the jurisdiction of that agency. 

7 ‘‘SEC. 3670. EXCLUSIVITY OF REMEDY. 

8 ‘‘The liability of the United States or a DOE con9 tractor in its capacity as an employer of a DOE contractor 

10 employee under this subtitle with respect to the specified 

11 illness or death of a DOE contractor employee for which 

12 compensation is made under this subtitle is exclusive and 

13 instead of all other liability of the United States or DOE 

14 contractor in such capacity to the employee, his legal rep15 resentative, spouse, dependents, next of kin, and any other 

16 person otherwise entitled to recover damages from the 

17 United States or DOE contractor in such capacity because 

18 of the specified illness or death in a direct judicial pro19 ceeding, in a civil action, or in admiralty, except for a 

20 State workers’ compensation proceeding or a State inten21 tional tort liability proceeding. However, this section shall 

22 not apply to illness or death for which compensation under 

23 this subtitle is not made. 
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1 ‘‘SEC. 3671. COORDINATION WITH BENEFITS UNDER SUB2 TITLE B. 

3 ‘‘(a) RECEIPT OF SUBTITLE B BENEFITS NO BAR

4 TO APPLICATION UNDER THIS SUBTITLE.—An individual 

5 may apply for benefits under this subtitle without regard 

6 to whether the individual received a lump sum payment 

7 under subtitle B. 

8 ‘‘(b) OFFSET FOR BENEFITS PAID ON SAME ILLNESS

9 OF SAME PERSON.—If a lump sum payment is made 

10 under subtitle B by reason of a specified illness of a per11 son, any payment (excluding medical costs) made under

12 this subtitle by reason of the same specified illness of the 

13 same person shall be offset by the amount of such lump 

14 sum payment.’’. 

15 SEC. 102. GAO REPORT. 

16 Not later than February 1, 2004, the Comptroller 

17 General shall submit to Congress a report on the imple18 mentation by the Department of Energy and the Depart19 ment of Labor of subtitle D of the Energy Employees Oc20 cupational Illness Compensation Program Act of 2000 (42 

21 U.S.C. 7385o et seq.), as amended by section 101, and 

22 of the effectiveness of such subtitle in assisting DOE con23 tractor employees in obtaining compensation for occupa24 tional illness. 
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1 TITLE II—AMENDMENTS RELAT2 ING TO SUBTITLE B OF PRO3 GRAM 

4 SEC. 201. COVERAGE FOR CHRONIC RENAL DISEASE. 

5 (a) DEFINITIONS FOR PROGRAM ADMINISTRATION.—

6 Section 3621 of the Energy Employees Occupational Ill7 ness Compensation Program Act of 2000 (42 U.S.C. 

8 7384l) is amended—

9 (1) in paragraph (1), by adding at the end the 

10 following new subparagraph: 

11 ‘‘(D) A covered employee with chronic 

12 renal disease.’’; 

13 (2) in paragraph (15), by striking ‘‘or chronic 

14 silicosis’’ and inserting ‘‘, chronic silicosis, or chronic 

15 renal disease’’; and 

16 (3) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(19) The term ‘chronic renal disease’ includes 

19 nephritis and kidney tubal tissue injury and related 

20 illnesses of the urogenitoury tract. 

21 ‘‘(20) The term ‘covered employee with chronic 

22 renal disease’ means an individual determined to 

23 have sustained chronic renal disease in the perform24 ance of duty in accordance with section 3623(f).’’. 
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1 (b) EXPOSURE IN THE PERFORMANCE OF DUTY.—

2 Section 3623 of such Act (42 U.S.C. 7384n) is amended 

3 by adding at the end the following new subsection: 

4 ‘‘(f) CHRONIC RENAL DISEASE.—(1) An individual 

5 with chronic renal disease shall, in the absence of substan6 tial evidence to the contrary, be determined to have sus7 tained chronic renal disease in the performance of duty 

8 for purposes of the compensation program if the indi9 vidual—

10 ‘‘(A) was employed in a Department of Energy 

11 facility (in the case of a Department of Energy em12 ployee or a Department of Energy contractor em13 ployee) or an atomic weapons employer facility (in 

14 the case of an atomic weapons employee) that con15 ducted uranium processing, converting, refining, en16 riching, extruding, calcining, machining, or rolling, 

17 or that operated as a uranium foundry; 

18 ‘‘(B) carried out job functions while so em19 ployed that resulted in the potential for exposure, in20 halation, or uptake of uranium or uranium com21 pounds for at least 250 days; and 

22 ‘‘(C) submits medical evidence that the indi23 vidual, after commencing the employment specified 

24 in subparagraph (A), contracted chronic renal dis25 ease. 
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1 ‘‘(2) Not later than 60 days after the date of the en2 actment of the Reform of Energy Workers Compensation 

3 Act, the Secretary of Energy shall designate a list of De4 partment of Energy facilities and atomic weapons em5 ployer facilities that were engaged in uranium processing, 

6 converting, refining, enriching, extruding, calcining, ma7 chining, or rolling, including the dates such activities were 

8 performed. The list of facilities shall not include facilities 

9 for which uranium millers and transporters are already 

10 covered under the Radiation Exposure Compensation Act 

11 (42 U.S.C. 2210 note). 

12 ‘‘(3) Not later than 90 days after the date of the en13 actment of the Reform of Energy Workers Compensation 

14 Act, the Secretary of Labor, in consultation with the Sec15 retary of Health and Human Services, shall establish, by 

16 regulation, procedures to be followed and medical evidence 

17 to be submitted by claimants for chronic renal disease 

18 claims.’’. 

19 (c) OFFSET FOR CERTAIN PAYMENTS.—Section 

20 3641 of such Act (42 U.S.C. 7385) is amended—

21 (1) by striking ‘‘or covered uranium employee 

22 (as defined in section 3630),’’ and inserting ‘‘cov23 ered uranium employee (as defined in section 3630), 

24 or covered employee with chronic renal disease,’’; 

25 and 
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1 (2) by striking ‘‘or radiation,’’ and inserting 

2 ‘‘radiation, or uranium,’’. 

3 (d) CONFORMING AMENDMENTS.—The following pro4 visions of such Act are amended by inserting ‘‘chronic 

5 renal disease,’’ after ‘‘chronic silicosis,’’ each place such 

6 term appears: 

7 (1) Subsections (a)(1) and (b)(2)(C) of section 

8 3631 (42 U.S.C. 7384v). 

9 (2) Section 3644(a) (42 U.S.C. 7385c(a))—

10 (A) in the matter preceding paragraph (1); 

11 (B) in paragraph (2)(C); and 

12 (C) in the matter following paragraph 

13 (2)(C). 

14 SEC. 202. COVERAGE FOR LUNG CANCER IN COVERED BE15 RYLLIUM EMPLOYEES. 

16 Section 3621(8) of the Energy Employees Occupa17 tional Illness Compensation Program Act of 2000 (42 

18 U.S.C. 7384l(8)) is amended—

19 (1) by redesignating subparagraph (C) as sub20 paragraph (D) and, in that subparagraph, by strik21 ing ‘‘or (B)’’ and inserting ‘‘(B), or (C)’’; and 

22 (2) by inserting after subparagraph (B) the fol23 lowing new subparagraph: 

24 ‘‘(C) Lung cancer, if such cancer occurs at 

25 least 15 years after the date on which the em-
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1 ployee is determined to have been first exposed 

2 to beryllium in the performance of duty in ac3 cordance with section 3623(a).’’. 

4 SEC. 203. TIME LIMITS. 

5 (a) TIME TO PROCESS SPECIAL EXPOSURE COHORT

6 PETITIONS.—Section 3626 of the Energy Employees Oc7 cupational Illness Compensation Program Act of 2000 (42 

8 U.S.C. 7384q) is amended—

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection: 

13 ‘‘(c) TIME TO PROCESS SPECIAL EXPOSURE COHORT

14 PETITIONS.—

15 ‘‘(1) 180 DAYS.—If a class of employees de16 scribed in subsection (a)(1) petitions to be treated as 

17 members of the Special Exposure Cohort under sub18 section (a)(3), the Secretary of Health and Human 

19 Services shall approve or deny the petition within 

20 180 days after the date on which the petition was 

21 received. 

22 ‘‘(2) REPORT TO CONGRESS.—If the Secretary 

23 of Health and Human Services fails to approve or 

24 deny the petition within such 180 days, the Sec25 retary shall, on the 181st day, submit to the con-
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1 gressional committees specified in paragraph (3) and 

2 individual Members in the House and Senate who 

3 represent the district or State in which the covered 

4 facility is located a report on the failure. The report 

5 shall provide notice of the failure, an explanation of 

6 the reasons for the failure, an assessment of whether 

7 the petition can be approved or denied promptly, 

8 and a schedule for completing all remaining steps 

9 necessary to approve or deny the petition. 

10 ‘‘(3) The congressional committees referred to 

11 in paragraph (2) are the following committees: 

12 ‘‘(A) The Committee on Armed Services, 

13 Committee on the Judiciary, Committee on En14 ergy and Commerce, and Committee on Edu15 cation and the Workforce of the House of Rep16 resentatives. 

17 ‘‘(B) The Committee on Armed Services, 

18 Committee on the Judiciary, Committee on En19 ergy and Natural Resources, and Committee on 

20 Health, Education, Labor, and Pensions of the 

21 Senate.’’. 

22 (b) TIME TO PROCESS INDIVIDUAL CLAIMS.—Sec23 tion 3623 of that Act (42 U.S.C. 7384n) is amended by 

24 adding at the end of subsection (d) the following new para25 graph: 
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1 ‘‘(3) DEADLINES FOR COMPLETING RADIATION DOSE

2 RECONSTRUCTION ESTIMATES.—

3 ‘‘(A) Not later than 150 days after the 

4 date on which the Secretary of Labor transmits 

5 to the National Institute for Occupational Safe6 ty and Health a claim for which an estimate re7 ferred to in paragraph (1) is required, the Insti8 tute shall obtain, from the Department of En9 ergy, contractors and subcontractors of the De10 partment, atomic energy weapons employers, 

11 and any other available sources, information 

12 necessary to complete the estimate. 

13 ‘‘(B) Not later than 180 days after the 

14 date on which the Secretary of Labor transmits 

15 to the Institute such a claim, the Institute shall 

16 complete the estimate. 

17 ‘‘(C) If the Institute fails to carry out the 

18 requirements of either subparagraph (A) or (B) 

19 within the period specified in such subpara20 graph—

21 ‘‘(i) it shall be deemed, for purposes 

22 of section 3626(b)(1), that it is not fea23 sible to estimate with sufficient accuracy 

24 the radiation dose received by the indi25 vidual to which the claim relates; and 
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•HR 1758 IH 

1 ‘‘(ii) the Institute shall, not later than 

2 5 days after clause (i) applies to a claim, 

3 provide the claimant with written notice 

4 that such clause applies to that claim and 

5 appropriate information and materials to 

6 enable the claimant to petition to be treat7 ed as a member of the Special Exposure 

8 Cohort.’’. 

9 SEC. 204. CORRECTING PROBLEMS IN THE 

10 RADIOEPIDEMIOLOGIC MODEL FOR DETER11 MINING COMPENSATION. 

12 Subsection (c)(3) of section 3623 of the Energy Em13 ployees Occupational Illness Compensation Program Act 

14 of 2000 (42 U.S.C. 7384n) is amended—

15 (1) in subparagraph (B), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (C)—

18 (A) by striking ‘‘past health-related activi19 ties (such as smoking),’’; and 

20 (B) by striking the period at the end and 

21 inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(D) provide the benefit of the doubt to 

25 the claimant wherever there is reasonable sci-
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•HR 1758 IH 

1 entific evidence to justify compensation, includ2 ing such factors as dose rate effectiveness of 

3 low dose radiation, bias due to selection effects, 

4 and increasing risks from radiation with in5 creasing age at exposure.’’. 

6 SEC. 205. ADDITIONAL SPECIFIED CANCERS. 

7 (a) ANNUAL REPORT.—The National Institute for 

8 Occupational Safety and Health shall prepare, on an an9 nual basis, a report that identifies each type of cancer 

10 (other than specified cancers, as already defined in section 

11 3621(17) of the Energy Employees Occupational Illness 

12 Compensation Program Act of 2000 (42 U.S.C. 

13 7384l(17))) that the Institute has determined, from Spe14 cial Exposure Cohort petitions or from epidemiology stud15 ies of workers or atomic bomb survivors, to be radiosensi16 tive to any degree and, for each cancer so identified, pro17 vides a basis for that determination. 

18 (b) SUBMISSION TO CONGRESS AND AGENCIES.—Not 

19 later than 90 days after the date of the enactment of this 

20 Act, and thereafter not later than February 1 of each 

21 year, the Institute shall submit the report to Congress, 

22 the Secretary of Labor, and the Advisory Board on Radi23 ation and Worker Health, and shall publish the report in 

24 the Federal Register, for public review and comment. 

25 Each report shall, taking into account comments received 
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•HR 1758 IH 

1 in response to any previous reports under this section, 

2 identify each type of cancer that is appropriate to be 

3 deemed an additional specified cancer for purposes of the 

4 Special Exposure Cohort under the Energy Employees Oc5 cupational Illness Compensation Program Act of 2000. 

6 SEC. 206. COVERAGE FOR INDIVIDUALS EMPLOYED BY 

7 ATOMIC WEAPONS EMPLOYERS OR BERYL8 LIUM EMPLOYEES DURING PERIOD OF RE9 SIDUAL CONTAMINATION. 

10 (a) ATOMIC WEAPONS EMPLOYEES.—Paragraph (3) 

11 of section 3621 of the Energy Employees Occupational Ill12 ness Compensation Program Act of 2000 (42 U.S.C. 

13 7384l) is amended by inserting before the period at the 

14 end the following: ‘‘, or during a period when, as specified 

15 by the National Institute for Occupational Safety and

16 Health in the final report required by section 

17 3151(b)(2)(A)(ii) of the National Defense Authorization 

18 Act for Fiscal Year 2002 (42 U.S.C. 7384 note) or any 

19 supplement thereto, significant radioactive contamination 

20 remained in a facility of the employer after such facility 

21 discontinued activities relating to the production of nu22 clear weapons and such contamination could have caused 

23 or substantially contributed to the cancer of a covered em24 ployee with cancer’’. 
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•HR 1758 IH 

1 (b) BERYLLIUM EMPLOYEES.—Paragraph (7)(C) of 

2 section 3621 of that Act (42 U.S.C. 7384l) is amended 

3 by inserting before the period at the end the following: 

4 ‘‘, or during a period when, as specified by the National 

5 Institute for Occupational Safety and Health in the final 

6 report required by section 3151(b)(2)(A)(ii) of the Na7 tional Defense Authorization Act for Fiscal Year 2002 (42 

8 U.S.C. 7384 note) or any supplement thereto, significant 

9 beryllium contamination remained in a facility of the em10 ployer after such facility discontinued activities relating to 

11 the production of nuclear weapons and such contamination 

12 could have caused or substantially contributed to a covered 

13 beryllium illness’’. 

14 (c) SUPPLEMENTAL REPORTS.—(1) In each of 2004, 

15 2005, and 2006, the National Institute for Occupational 

16 Safety and Health shall prepare a supplement to the final 

17 report required by subsection (b)(2)(A)(ii) of section 3151 

18 of the National Defense Authorization Act for Fiscal Year 

19 2002 (42 U.S.C. 7384 note). Each such supplement 

20 shall—

21 (A) complete the study on whether there is sig22 nificant residual contamination at atomic energy 

23 weapons employer facilities or beryllium vendors, for 

24 facilities where more evaluation is required as of the 

25 date of such final report; 
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1 (B) identify the date as of which significant re2 sidual contamination was or will be removed from an 

3 atomic energy weapons employer facility or beryllium 

4 vendor for those facilities at which such contamina5 tion remained present as of May 31, 2003, according 

6 to such final report; and 

7 (C) if new information has been made available 

8 to the Institute after submitting such final report 

9 that warrants a revision to an evaluation of residual 

10 contamination set forth in such final report—

11 (i) describe such new information; and 

12 (ii) specify each such revision. 

13 (2) The reports required by paragraph (1) shall, not 

14 later than May 31 of the year in which the report was 

15 required to be prepared—

16 (A) be submitted to the congressional commit17 tees specified in subsection (b)(2)(B) of section 3151 

18 of that Act; and 

19 (B) made available to the public in paper and 

20 electronic form. 

21 SEC. 207. COORDINATION WITH RADIATION EXPOSURE 

22 COMPENSATION ACT. 

23 (a) IN GENERAL.—Section 3651 of the Energy Em24 ployees Occupational Illness Compensation Program Act 

25 of 2000 (42 U.S.C. 7385j) is amended to read as follows: 
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1 ‘‘SEC. 3651. COORDINATION WITH OTHER FEDERAL RADI2 ATION COMPENSATION LAWS. 

3 ‘‘(a) IN GENERAL.—Except in accordance with sec4 tion 3630 and except as provided in subsection (b), an 

5 individual may not receive compensation or benefits under 

6 the compensation program for cancer and also receive 

7 compensation under either of the following: 

8 ‘‘(1) The Radiation Exposure Compensation 

9 Act (42 U.S.C. 2210 note). 

10 ‘‘(2) Section 1112(c) of title 38, United States 

11 Code. 

12 ‘‘(b) COMPENSATION AVAILABLE, SUBJECT TO OFF13 SET, TO INDIVIDUALS WHO PARTICIPATED ON-SITE IN

14 AN ATMOSPHERIC NUCLEAR TEST.—An individual who 

15 files a claim after July 31, 2001, for compensation for 

16 cancer under subtitle B may receive such compensation 

17 even though payment has been made for that cancer under 

18 the Radiation Exposure Compensation Act, but the 

19 amount of such compensation shall be offset by the 

20 amount of any payment made for that cancer under either 

21 of the following paragraphs of section 4(a) of that Act: 

22 ‘‘(1) Paragraph (1)(A)(i)(III). 

23 ‘‘(2) Paragraph (2)(C).’’. 

24 (b) PROCEDURES REQUIRED.—The Secretary of 

25 Labor, in coordination with the Attorney General, shall 

26 establish procedures to identify and notify each individual 
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1 who may be entitled to compensation by reason of section 

2 3651(b) of that Act (as added by subsection (a)) of the 

3 availability of such compensation. 

4 SEC. 208. EXTENSION OF COVERAGE TO CERTAIN WORK5 ERS. 

6 Section 3621 of the Energy Employees Occupational 

7 Illness Compensation Program Act of 2000 is amended 

8 in each of paragraphs (11)(B)(i) and (12)(B) by inserting 

9 after ‘‘Department of Energy’’ the following: ‘‘(or other 

10 Federal agency carrying out functions with respect to that 

11 facility that formerly were carried out by the Department 

12 of Energy)’’. 

13 SEC. 209. REPORT BY NATIONAL INSTITUTE FOR OCCUPA14 TIONAL SAFETY AND HEALTH ON INSTI15 TUTE’S ACCESS TO INFORMATION RELATING 

16 TO PERFORMING RADIATION DOSE RECON17 STRUCTIONS. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the National Institute for Occupational 

20 Safety and Health shall submit to Congress a report on 

21 the ability of the Institute to obtain, in a timely, accurate, 

22 and complete manner, information that the Institute has 

23 requested from any element of the Department of Energy 

24 for the purpose of carrying out radiation dose reconstruc25 tions under the Energy Employees Occupational Illness 
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1 Compensation Program Act of 2000. The report shall in2 clude the following: 

3 (1) An identification of each matter adversely 

4 affecting the ability of the Institute to obtain such 

5 information in such manner. 

6 (2) For each facility with respect to which the 

7 Institute is carrying out one or more such dose re8 constructions—

9 (A) a specification of the number of work10 ers for whom dose reconstruction has been ad11 versely affected by any matter identified under 

12 paragraph (1); and

13 (B) An identification of each claim requir14 ing dose reconstruction for which, because of 

15 any matter identified under paragraph (1), dose 

16 reconstruction has not been completed within 

17 150 days after the date on which the Secretary 

18 of Labor submitted the claim to the Secretary 

19 of Health and Human Services. 

20 (3) For each facility with respect to which the 

21 Institute is carrying out 10 or more such dose recon22 structions, a comparison on a facility-by-facility 

23 basis of the ability of the Institute to obtain such in24 formation in such manner, including—
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1 (A) an identification of the average time to 

2 obtain such information; 

3 (B) a description of the degree of respon4 siveness and cooperation from the Department 

5 of Energy in providing such information; and 

6 (C) an assessment of whether, and to what 

7 extent, the ability of the Institute to obtain 

8 such information in such manner differs from 

9 facility to facility. 

10 SEC. 210. TECHNICAL CORRECTIONS. 

11 (a) FINDINGS.—Section 3602(a)(6) of the Energy 

12 Employees Occupational Illness Compensation Program 

13 Act of 2000 is amended by striking the second sentence 

14 and inserting the following: ‘‘Furthermore, studies indi15 cate that 98 percent of radiation-induced cancers within 

16 the Department of Energy nuclear weapons complex occur 

17 at dose levels below the existing thresholds for establishing 

18 proof of causation. Studies further indicate that workers 

19 at Department of Energy sites were exposed to levels of 

20 silica, heavy metals, and toxic substances that will cause, 

21 contribute to, or aggravate illnesses or diseases.’’. 

22 (b) PAYMENTS IN THE CASE OF DECEASED PER23 SONS.—Section 3628(e)(3)(A) (42 U.S.C. 7384s(e)(3)(A)) 

24 of such Act is amended by inserting before the semicolon 

25 the following: ‘‘, or a wife or husband of that individual 
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1 who was married to that individual immediately before the 

2 death of that individual and filed, on or before December 

3 28, 2001, a claim in that capacity under this subtitle’’. 

4 TITLE III—PROVISIONS RELAT5 ING TO EITHER SUBTITLE OF 

6 ACT 

7 SEC. 301. PROVIDING ADMINISTRATIVE RELIEF IN CASES 

8 WHERE MEDICAL RECORDS ARE NOT AVAIL9 ABLE. 

10 Subtitle C of the Energy Employees Occupational Ill11 ness Compensation Program Act of 2000 (42 U.S.C. 7385 

12 et seq.) is amended by adding at the end the following 

13 new section: 

14 ‘‘SEC. 3652. PROOF WHEN MEDICAL RECORDS NOT AVAIL15 ABLE. 

16 ‘‘For any claim under any subtitle of this title, if the 

17 Department of Energy, a contractor of the Department 

18 of Energy (including a DOE contractor, as defined in sec19 tion 3661), an atomic energy weapons employer, or a be20 ryllium vendor is unable to locate medical records nec21 essary for the processing of that claim that it possessed 

22 or was required to possess within 120 days after receiving 

23 a written request from the claimant to locate such records, 

24 an affidavit of the employee as to the contents of those 

25 records, together with any medical records possessed by 
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1 the claimant or otherwise made available, shall be consid2 ered in determining the medical evidence relating to the 

3 claim.’’. 

4 SEC. 302. OUTREACH PROGRAMS. 

5 Subtitle C of such Act is further amended by adding 

6 after section 3652 (as added by section 301) the following 

7 new section: 

8 ‘‘SEC. 3653. OUTREACH PROGRAMS AND RESOURCE CEN9 TERS. 

10 ‘‘(a) PROGRAM REQUIRED.—Not later than 60 days 

11 after the date of the enactment of this section, the Sec12 retary of Labor and the Secretary of Energy shall com13 mence a comprehensive program of outreach which pro14 vides both information about the availability of benefits 

15 to potential claimants and assistance to claimants in pre16 paring their claims for submission to the appropriate 

17 agency. Such outreach shall be directed to potential claim18 ants for all types of facilities covered under subtitles B 

19 and D. Such program shall utilize fixed resource centers, 

20 mobile outreach, mailings, and contracts with labor orga21 nizations with access to potential claimants. The Secretary 

22 of Labor and the Secretary of Energy shall conduct out23 reach and coordination of efforts with—

24 ‘‘(1) DOE contractors, atomic weapons employ25 ers, and beryllium vendors (and their successors); 
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1 ‘‘(2) labor and community organizations that 

2 represent workers at atomic weapons employer facili3 ties, beryllium vendors, federal employees, and DOE 

4 contractors and subcontractors; 

5 ‘‘(3) former worker medical screening programs 

6 carried out under section 3162 of the National De7 fense Authorization Act for Fiscal Year 1993 (42 

8 U.S.C. 7274i); 

9 ‘‘(4) health and welfare plans; 

10 ‘‘(5) local health care providers; and 

11 ‘‘(6) appropriate State agencies and units of 

12 local government. 

13 ‘‘(b) OUTREACH CENTERS.—(1) In carrying out the 

14 program required by subsection (a), the Secretary of 

15 Labor and the Secretary of Energy shall maintain the 10 

16 resource centers in existence as of the date of the enact17 ment of this section and shall establish new resource cen18 ters. Each such resource center shall be tasked with con19 ducting outreach to covered facilities and covered employ20 ees in the geographic region served by the center, and shall 

21 assist claimants with the filing of their claims. 

22 ‘‘(2) In establishing new resource centers as required 

23 by paragraph (1), the Secretary of Labor and the Sec24 retary of Energy shall ensure that for every Department 

25 of Energy facility at which 7,000 or more employees cur-
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1 rently employed, a new resource center is located in a com2 munity adjacent to the locality of that facility, unless there 

3 is an existing resource center within 50 miles of that facil4 ity. 

5 ‘‘(3) At each new and existing resource center, the 

6 Secretary of Labor and the Secretary of Energy shall 

7 maintain staffing proportional to both demand for claim8 ant assistance services and the need for thorough outreach 

9 to potential claimants related to atomic energy weapons 

10 employer facilities, beryllium vendors, and DOE facilities. 

11 ‘‘(c) DURATION.—The program required by sub12 section (a) shall be carried out, and the centers required 

13 by subsection (b) shall be maintained, through December

14 31, 2004, and for such a period beyond that date as de15 mand for claimant assistance warrants. 

16 ‘‘(d) REPORT.—(1) Not later than 180 days after the 

17 date of the enactment of this section, the Secretary of 

18 Labor and the Secretary of Energy shall submit to the 

19 congressional committees specified in paragraph (2) a plan 

20 on carrying out the outreach activities required by this 

21 section. Such plan shall identify the universe of potential 

22 claimants for all types of facilities, the methods used to 

23 reach such individuals to date, the universe of individuals 

24 not contacted, and the plan for reaching such potential 

25 claimants. 
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1 ‘‘(2) The congressional committees referred to in 

2 paragraph (1) are the following committees: 

3 ‘‘(A) The Committee on Armed Services, Com4 mittee on the Judiciary, Committee on Energy and 

5 Commerce, and Committee on Education and the 

6 Workforce of the House of Representatives. 

7 ‘‘(B) The Committee on Armed Services, Com8 mittee on the Judiciary, Committee on Energy and 

9 Natural Resources, and Committee on Health, Edu10 cation, Labor, and Pensions of the Senate.’’. 

11 SEC. 303. OFFICE OF THE OMBUDSMAN. 

12 (a) IN GENERAL.—Subtitle C of such Act is further 

13 amended by adding after section 3653 (as added by sec14 tion 302) the following new section: 

15 ‘‘SEC. 3654. OFFICE OF THE OMBUDSMAN. 

16 ‘‘(a) ESTABLISHMENT.—There is established within 

17 the Office of the Secretary of Labor an office, to be known 

18 as the Office of the Ombudsman for Occupational Illness 

19 Compensation, to assist claimants under this title. 

20 ‘‘(b) OMBUDSMAN.—

21 ‘‘(1) APPOINTMENT.—At the head of the Office 

22 shall be an Ombudsman. The Ombudsman shall be 

23 appointed by the Secretary of Labor, after consulta24 tion with claimants or claimant advocates, worker 

25 compensation experts, and members of the advisory 
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1 committees to Federal agencies implementing this 

2 title, from among individuals with at least one of the 

3 following qualifications: 

4 ‘‘(A) Experience or training as an advo5 cate. 

6 ‘‘(B) Training as a health care provider 

7 with knowledge of occupational illness and dis8 ease. 

9 ‘‘(C) Experience in assisting claimants 

10 with worker compensation claims. 

11 ‘‘(2) REMOVAL.—The Secretary of Labor may 

12 remove the Ombudsman for just cause and shall, in 

13 such a case, communicate to the Congress the cir14 cumstances forming the basis of such just cause. 

15 ‘‘(c) DUTIES.—The duties of the Ombudsman are as 

16 follows: 

17 ‘‘(1) To direct the operations of the Office. 

18 ‘‘(2) To report to the Secretary of Labor with 

19 respect to the activities of the Office. 

20 ‘‘(3) To assist claimants under this title with 

21 claims filed with the Department of Labor or the 

22 Department of Energy. 

23 ‘‘(4) To receive and investigate complaints or 

24 inquiries regarding the status of a claim under this 

25 title. 
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1 ‘‘(5) To provide claimants under this title with 

2 contacts at agencies with responsibilities under this 

3 title. 

4 ‘‘(6) To offer informal advice on options avail5 able to claimants under this title. 

6 ‘‘(7) To identify whether claimants under this 

7 title are encountering systematic difficulties or 

8 delays with respect to claims under this title, and to 

9 make recommendations for improvement, with re10 spect to such claims, in speed, equity, fairness, or 

11 compliance with statutes and regulations. 

12 ‘‘(8) With respect to individuals filing com13 plaints or requests for information under this title—

14 ‘‘(A) to respond within 30 days after re15 ceiving such a complaint or request; 

16 ‘‘(B) to maintain reasonable communica17 tion with the individual until the matter is re18 solved; and 

19 ‘‘(C) to maintain, as confidential and privi20 leged, the identity of the individual, unless such 

21 confidentiality or privilege is otherwise waived. 

22 ‘‘(9) To maintain and publish a telephone num23 ber, facsimile number, electronic mail address, and 

24 post office address for the Office. 
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1 ‘‘(d) LIMITATION.—The Ombudsman may not re2 verse or make decisions regarding any claim under this 

3 title. 

4 ‘‘(e) AUTHORITY.—The Ombudsman is authorized to 

5 carry out the following activities: 

6 ‘‘(1) Investigate questions regarding a claim 

7 under this title, or procedures or systems for proc8 essing such claims, with the offices of the Depart9 ment of Energy, Department of Labor, and Depart10 ment of Health and Human Services (including the 

11 National Institute for Occupational Safety and 

12 Health), and any contractor of any such department, 

13 that has responsibility under this title. 

14 ‘‘(2) Contract for expert advice with respect to 

15 the Ombudsman’s responsibilities under this title. 

16 ‘‘(3) Access any material relating to a matter 

17 under investigation under paragraph (1). 

18 ‘‘(4) Request explanations from any Federal 

19 agency with responsibilities under this title about the 

20 activities of that agency under this title. 

21 ‘‘(5) Enter and inspect places in order to carry 

22 out an investigation under paragraph (1). 

23 ‘‘(6) Refer any matter within the responsibility 

24 of the Ombudsman to an appropriate inspector gen25 eral. 
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1 ‘‘(f) COOPERATION WITH FEDERAL AGENCIES.—

2 Federal agencies and the officials responsible for the im3 plementation of this title shall assist the Ombudsman in 

4 carrying out this section and shall promptly make avail5 able to the Ombudsman all information requested by the 

6 Ombudsman. The Ombudsman shall cooperate with such 

7 agencies and officials. 

8 ‘‘(g) COORDINATION.—The Ombudsman shall coordi9 nate the activities of the Office with the activities of the 

10 Secretaries of Energy, Health and Human Services, and

11 Labor in carrying out this title. Such coordination shall 

12 be carried out pursuant to memoranda of agreement en13 tered into among and between the Ombudsman and such 

14 Secretaries. 

15 ‘‘(h) ANNUAL REPORT.—Not later than January 1 

16 of each year, the Ombudsman shall submit a report on 

17 this title to the President, the Congress, and the Secre18 taries of Energy, Health and Human Services, and Labor. 

19 No official outside the Office may require such outside of20 ficial’s approval before submitting the report. The report 

21 shall contain the following: 

22 ‘‘(1) The number and types of complaints, 

23 grievances, and requests for assistance received by 

24 the ombudsman in the previous year. 
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1 ‘‘(2) Identification of the most common difficul2 ties encountered by claimants under this title. 

3 ‘‘(3) Recommended changes to the administra4 tive practices of the Federal agencies with responsi5 bility under this title. 

6 ‘‘(4) Recommended legislative changes that may 

7 be appropriate to mitigate problems with the imple8 mentation of this title. 

9 ‘‘(i) PUBLICATION.—The Secretaries of Energy, 

10 Health and Human Services, and Labor shall publicize the 

11 availability of the services of the Office. 

12 ‘‘(j) SEPARATE LINE ITEM.—The budget of the 

13 President under section 1105(a) of title 31, United States 

14 Code, shall include funding for the Office as a separate 

15 line item. 

16 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 $800,000 for each of fiscal years 2003 through 2007.’’. 

19 (b) INITIAL APPOINTMENT.—Not later than 60 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Labor shall appoint the Ombudsman required by sec22 tion 3654 of the Energy Employees Occupational Illness 

23 Compensation Program Act of 2000 (as added by sub24 section (a)). 
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1 (c) MEMORANDA OF AGREEMENT.—Not later than 

2 90 days after the date of the enactment of this Act, the 

3 Ombudsman shall enter into the memoranda of agreement 

4 required by such section 3654 (as added by subsection 

5 (a)). 

6 SEC. 304. ASSIGNMENT OF CLAIMS. 

7 Section 3647 of such Act (42 U.S.C. 7385f) is 

8 amended—

9 (1) in subsection (a), by striking ‘‘No claim 

10 cognizable’’ and all that follows through the period 

11 at the end and inserting ‘‘No claim cognizable under 

12 any subtitle of this title shall be assignable or trans13 ferable. Compensation and claims for compensation 

14 under any subtitle of this title are exempt from 

15 claims of creditors.’’; and 

16 (2) in subsection (b), by striking ‘‘subtitle B’’ 

17 and inserting ‘‘any subtitle of this title’’. 

18 SEC. 305. MEMORANDUM OF AGREEMENT. 

19 (a) MOA AUTHORIZED.—The Secretary of Energy 

20 and the Secretary of Labor may enter into a memorandum 

21 of agreement under which the Department of Labor car22 ries out claims processing services under subtitle D of the 

23 Energy Employees Occupational Illness Compensation 

24 Program Act of 2000 (as amended by this Act). The Sec25 retary of Energy may transfer to the Secretary of Labor 
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1 amounts made available to the Secretary of Energy for 

2 carrying out such services. 

3 (b) PUBLICATION.—A memorandum of agreement 

4 entered into under subsection (a) shall be promptly pub5 lished in the Federal Register.

Æ