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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 268 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 268

To amend the Energy Employees Occupational Illness Compensation Program 
 Act of 2000 to clarify the roles and responsibilities of the agencies 
  and actors responsible for the administration of such compensation 
                    program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2007

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Education and Labor, 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 clarify the roles and responsibilities of the agencies 
  and actors responsible for the administration of such compensation 
                    program, and for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCES; EFFECTIVE DATE.

    (a) Short Title.--This Act may be cited as the ``Energy Employees 
Occupational Illness Compensation Program Improvement Act of 2007''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Energy Employees Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384 et seq.).
    (c) Effective Date.--Except as otherwise expressly provided, this 
Act and the amendments made by this Act shall take effect 30 days after 
the date of the enactment of this Act.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Energy Employees Occupational Illness Compensation 
        Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in 
        this Act as the ``EEOICPA'') was intended to--
                    (A) ensure the payment of ``timely, uniform, 
                adequate compensation'' to covered employees (and, 
                where applicable, survivors of such employees) for 
                occupational illnesses incurred by such employees in 
                the performance of duty for the Department of Energy 
                and certain of its contractors, subcontractors, and 
                vendors; and
                    (B) provide parity for uranium miners under the 
                Radiation Exposure Compensation Act (42 U.S.C. 2210 
                note).
            (2) Four Federal agencies (the Departments of Labor, Health 
        and Human Services, Energy, and Justice), are assigned 
        responsibilities under the EEOICPA pursuant to Executive Order 
        13179, ``Providing Compensation to America's Nuclear Weapons 
        Workers'' (December 7, 2000; 65 Fed. Reg. 77487).
            (3) The Department of Labor began accepting claims under 
        Subtitle B of the EEOICPA on July 31, 2001.
            (4) The Department of Health and Human Services (HHS), 
        through the National Institute for Occupational Safety and 
        Health (NIOSH), performs radiation dose reconstruction for 
        cancer claims under the EEOICPA.
            (5) Atomic workers served the Nation and improved national 
        defense by building and testing nuclear weapons, while putting 
        their health in jeopardy from exposure to radiation, beryllium, 
        and other toxic substances. Claims for radiation-related 
        cancers depend on credible and complete radiation records. 
        Because the radiation exposure of some workers was unmonitored, 
        and in certain circumstances it is not feasible to estimate 
        radiation dose with sufficient accuracy, Congress provided that 
        workers may petition to be members of the Special Exposure 
        Cohort (SEC). Members of the SEC receive an automatic 
        presumption that their cancer is the result of occupational 
        exposure to ionizing radiation. Twenty-two cancers are covered 
        under this presumption. Under subtitle B of the EEOICPA, 
        covered claimants receive a $150,000 lump sum benefit plus 
        prospective medical costs.
            (6) Executive Order 13179 directs the Secretary of Health 
        and Human Services to promulgate regulations for establishing 
        membership in the Special Exposure Cohort, and to consider and 
        issue determinations on petitions by classes of employees 
        requesting recognition as members of the SEC.
            (7) As prescribed by the EEOICPA, the Secretary of Health 
        and Human Services may, subject to a recommendation by the 
        Advisory Board on Radiation and Worker Health (referred to in 
        this section as the ``Advisory Board''), designate additional 
        classes of workers as members of the Special Exposure Cohort 
        without further legislative action, if--
                    (A) it is not feasible to estimate with sufficient 
                accuracy the radiation dose that members of the class 
                received; and
                    (B) there is a reasonable likelihood that such 
                radiation dose may have endangered the health of the 
                members of the class.
            (8) There is a four-step administrative review process for 
        evaluating SEC Petitions. The process is as follows:
                    (A) Step one.--The National Institute for 
                Occupational Safety and Health receives an SEC petition 
                and determines whether the petition meets the 
                regulatory requirements for the petition to be 
                evaluated, and then evaluates each qualified petition 
                to determine whether it is feasible given the available 
                radiation monitoring data to estimate radiation dose 
                with sufficient accuracy. Following such evaluation, 
                the National Institute for Occupational Safety and 
                Health issues a written recommendation to the 
                petitioners and the Advisory Board.
                    (B) Step two.--The Advisory Board conducts an 
                independent review of the evaluation by and 
                recommendation from the National Institute for 
                Occupational Safety and Health, and makes a 
                recommendation to the Secretary of Health and Human 
                Services regarding the petition. Subject to Advisory 
                Board direction, a technical support contractor may be 
                used to assess technical issues related to the 
                petition, evaluation report, or recommendation.
                    (C) Step three.--Not later than 30 days after 
                receipt of the Advisory Board's recommendation, the 
                Secretary of Health and Human Services issues a final 
                agency decision to grant or deny the petition, and 
                transmits such decision to Congress.
                    (D) Step four.--Congress has 30 days to review the 
                Secretary's decision. If Congress does not 
                legislatively reverse the Secretary's decision within 
                30 days, it will go into effect as ordered by the 
                Secretary.
            (9) In late 2005, the Office of Management and Budget 
        issued a Passback communication to the Department of Labor that 
        contained the following statement:
    ``Energy Employees Occupational Illness Compensation Program Act 
(EEOICPA) Part B.--ESA (Department of Labor's Employment Standard's 
Administration) is to be commended for identifying the potential for a 
large expansion of EEOICPA Part B benefits through the designation of 
Special Exposure Cohorts (SEC). The Administration will convene a White 
House-led interagency work group including HHS and Energy to develop 
options for administrative procedures to contain growth in the cost of 
benefits provided by the program. Discussions are not limited to, but 
will involve, the following five options.
            ``1. Require Administration clearance of SEC 
        determination[s];
            ``2. Address any imbalance in membership of President's 
        Advisory Board on Radiation and Worker Health;
            ``3. Require an expedited review by outside experts of SEC 
        recommendations by NIOSH;
            ``4. Require NIOSH to apply `conflict of interest' rules 
        and constraints to the Advisory Board's contractor; and
            ``5. Require that NIOSH demonstrate that its site profiles 
        and other dose reconstruction guidance are balance[d].''.
            (10) Congress finds that the policies outlined in the 
        Office of Management and Budget Passback statement referred to 
        in paragraph (9), if implemented, will contravene Congressional 
        intent and weaken statutory checks and balances designed to 
        ensure scientifically credible and fair decisions regarding SEC 
        designations. ``Administration clearance'' could result in the 
        substitution of budget logic for scientific findings; 
        addressing any ``imbalance in the Advisory Board'' could result 
        in an Advisory Board tilted against SEC designations; imposing 
        ``constraints'' could allow agency officials to interfere with 
        the independence of the audit contractor supporting the 
        Advisory Board; and ``expedited reviews by outside experts'' 
        could lead to costly, time consuming, and extralegal reviews of 
        Advisory Board recommendations.
            (11) There is no evidence that unwarranted Special Exposure 
        Cohort petitions have been granted, or that any actions have 
        been taken that would otherwise justify any of the five options 
        outlined in the Office of Management and Budget Passback 
        statement referred to in paragraph (9).
            (12) Two Advisory Board members were removed by the 
        President in 2006 without apparent cause, and currently the 
        Advisory Board composition is not balanced, as required by 
        EEOICPA and the Federal Advisory Committee Act.
            (13) The amendments made by this Act to the Energy 
        Employees Occupational Illness Compensation Program Act of 2000 
        ensure that classes of employees who apply for membership in 
        the Special Exposure Cohort by reason of illnesses arising out 
        of exposure to radiation while performing work in support of 
        the Nation's nuclear weapons programs receive a fair 
        determination of their claims.

SEC. 3. COMPENSATION PROGRAM AND COMPENSATION FUND.

    Section 3612(e) (42 U.S.C. 7384e(e)) is amended--
            (1) in the heading of the subsection, by striking ``Not 
        Paid From Compensation Fund'';
            (2) by striking ``No costs incurred'' and inserting ``(1) 
        In general--No costs incurred''; and
            (3) by adding at the end the following:
            ``(2) Administrative costs and annual budget requirements 
        of agencies.--
                    ``(A) Department of labor.--
                            ``(i) The Secretary of the Department of 
                        Labor shall include as part of the annual 
                        budget request for the Department any 
                        administrative costs necessary to carry out its 
                        responsibilities under this Act. Appropriations 
                        shall be allocated in appropriations acts 
                        directly to the Department of Labor to carry 
                        out its responsibilities under this Act.
                            ``(ii) To ensure the timely transfer of 
                        records and information needed by the 
                        Department of Labor and the Department of 
                        Health and Human Services for claims 
                        adjudication, the Secretary of the Department 
                        of Labor may transfer funds to the Department 
                        of Energy, if appropriations made available to 
                        the Department of Energy under other 
                        appropriation Acts are insufficient for the 
                        Department of Energy to carry out its 
                        responsibilities under this Act.
                    ``(B) National institute for occupational safety 
                and health.--The Secretary of Health and Human Services 
                shall include as part of the annual budget request for 
                the National Institute for Occupational Safety and 
                Health any administrative costs necessary for the 
                National Institute for Occupational Safety and Health 
                to carry out its responsibilities under this 
                Act.Appropriations shall be allocated in appropriations 
                acts directly to the Department of Health and Human 
                Services to carry out its responsibilities under this 
                Act.
                    ``(C) Advisory board on radiation and worker 
                health.--
                            ``(i) The Secretary of the Department of 
                        Health and Human Services shall include as part 
                        of the annual budget request for the Department 
                        any administrative costs and any staff and 
                        contract support costs necessary for the 
                        Advisory Board on Radiation and Worker Health 
                        (in this section referred to as the `Advisory 
                        Board') to carry out its responsibilities under 
                        this Act. Appropriations shall be allocated in 
                        appropriations Acts directly to the Department 
                        of Health and Human Services for the Advisory 
                        Board to carry out its responsibilities under 
                        this Act. Appropriations Acts shall also 
                        designate a line item for the Advisory Board, 
                        separate from the budget for the Department of 
                        Health and Human Services, for the activities 
                        of the Advisory Board related to the 
                        compensation program under this Act.
                            ``(ii) An annual budget request for the 
                        Advisory Board shall be prepared by the 
                        Advisory Board, in consultation with the 
                        Designated Federal official appointed under 
                        section 3624(c)(1)(B), and submitted to the 
                        Secretary of the Department of Health and Human 
                        Services on a schedule to be established by the 
                        Secretary. If the amount requested by the 
                        Advisory Board is modified by the Secretary, 
                        the amount requested by the Advisory Board and 
                        any modifications shall be identified and 
                        explained in the budget request.''.

SEC. 4. SUBCONTRACTORS OF ATOMIC WEAPONS EMPLOYERS.

    Section 3621(3)(A) (42 U.S.C. 7384l(3)(A)) is amended by inserting 
``, or a subcontractor of an atomic weapons employer,'' after ``an 
atomic weapons employer''.

SEC. 5. EXPANSION OF LIST OF BERYLLIUM VENDORS.

    Section 3622 (42 U.S.C. 7384m) is amended--
            (1) by striking ``Not later than December 31, 2002, the 
        President may, in consultation with the Secretary of Energy,'' 
        and inserting ``The Secretary of Energy shall, on or before 
        December 31, 2007, and annually thereafter until December 31, 
        2011,''; and
            (2) by striking ``the President finds'' and inserting ``the 
        Secretary of Energy finds''.

SEC. 6. ALLOCATION OF RESPONSIBILITIES FOR PROGRAM ADMINISTRATION.

    (a) Definition.--Paragraph (14) of section 3621 (42 U.S.C. 7384l) 
is amended by striking ``the President'' each place it appears in 
subparagraph (C) and inserting ``the Secretary of Health and Human 
Services''.
    (b) Exposure in the Performance of Duty.--Section 3623 (42 U.S.C. 
7384n) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``the President'' 
                and inserting ``the Secretary of Health and Human 
                Services'';
                    (B) in paragraph (2), by striking ``The President'' 
                and inserting ``The Secretary of Health and Human 
                Services''; and
                    (C) in paragraph (3)(C), by striking ``past health-
                related activities (such as smoking),''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``The President 
                shall'' through ``President may designate,'' and 
                inserting ``The Secretary of Health and Human Services 
                shall''; and
                    (B) in paragraph (2), by striking ``the President'' 
                and inserting ``the Secretary of Health and Human 
                Services''.

SEC. 7. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

    Section 3624 (42 U.S.C. 7384o) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Membership.--
            ``(1) Not later than 90 days after the date of the 
        enactment of the Energy Employees Occupational Illness 
        Compensation Program Improvement Act of 2007, the members of 
        the Advisory Board on Radiation and Worker Health (referred to 
        in this section as the `Board'), as of the day before the date 
        of enactment of such Act, shall be removed from their positions 
        on the Board, and new members of the Board shall be appointed 
        in accordance with paragraph (2). Any individual who is a 
        member of the Board on the day before the date of enactment of 
        such Act, and who is removed in accordance with this paragraph, 
        may be reappointed to the Board in accordance with paragraph 
        (2).
            ``(2) The Board shall be made up of 12 members, and the 
        members shall be appointed as follows:
                    ``(A) Three members shall be appointed by the 
                Speaker of the House of Representatives.
                    ``(B) Three members shall be appointed by the 
                President of the Senate.
                    ``(C) Three members shall be appointed by the 
                minority leader of the House of Representatives.
                    ``(D) Three members shall be appointed by the 
                minority leader of the Senate.
            ``(3) The three members appointed by each appointing 
        authority described in paragraph (2) shall include one 
        representative of the scientific community, one worker 
        representative, and one representative of the medical 
        community.
            ``(4) For each appointment to the Board, the appropriate 
        appointing authority shall--
                    ``(A) comply with all legal requirements related to 
                Special Government Employees and the appointment of 
                such employees, as determined by the Secretary of 
                Health and Human Services;
                    ``(B) consult with organizations with expertise on 
                worker health issues about such appointment; and
                    ``(C) ensure that such appointment contributes to a 
                balance of viewpoints and perspectives held by members 
                of the Board.
            ``(5) The term of office of each member of the Board shall 
        be three years. No member shall serve more than two terms. A 
        vacancy on the Board shall be filled in the manner in which the 
        original appointment was made. Upon expiration of a term, a 
        member of the Board shall continue to serve until the successor 
        to such member has been appointed. The appointment of the 
        replacement member shall be made not later than 60 days after 
        the date on which the vacancy occurs. The Secretary of Health 
        and Human Services shall--
                    ``(A) prepare a schedule for vacancies and 
                appointments, and make such schedule available to the 
                public in paper and electronic forms;
                    ``(B) identify the appropriate appointing authority 
                listed in paragraph (2) who is responsible for 
                appointing a member for each vacancy;
                    ``(C) not later than 90 days before the end of a 
                term of any member of the Board, provide each 
                appointing authority responsible for appointing a 
                replacement member for a vacancy with--
                            ``(i) the number of vacancies and expected 
                        vacancies, based on member resignations and the 
                        scheduled expiration of member terms; and
                            ``(ii) the representative category 
                        (scientific, worker, or medical representative) 
                        of each member whose position on the Board has 
                        been, or is scheduled to be, vacated.
            ``(6) A chair for the Board shall be selected from among 
        its members by an annual vote of the members who are on the 
        Board as of January 1 of each year.
            ``(7) The Secretary of Health and Human Services may 
        recommend to the appropriate Congressional appointing authority 
        described in paragraph (2) that a member of the Board be 
        removed as the result of neglect of duty, malfeasance in 
        office, a violation of the conditions of the waivers provided 
        under section 208 of title 18, United States Code, or a 
        violation of the laws, regulations, policies, or procedures 
        related to the activities carried out under this Act.'';
            (2) in subsection (b), by striking ``the President'' each 
        place it appears and inserting ``the Secretary of Health and 
        Human Services'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1)(A) The Secretary of Health and Human Services shall 
        provide administrative support to the Board, and shall assign 
        staff, as necessary, to facilitate the work of the Board. The 
        Board shall have the authority to select contractors and 
        consultants, issue task orders, and make budget requests 
        (through the Secretary of Health and Human Services) for the 
        annual budget of the Board and its staff.
            ``(B) The Director of the National Institute for 
        Occupational Safety and Health shall appoint a Designated 
        Federal official and an Executive Secretary for the Board. The 
        Designated Federal official and the Executive Secretary shall 
        be independent of the Federal officials responsible for 
        managing and implementing radiation dose reconstruction 
        activities and Special Exposure Cohort evaluations under this 
        Act. The Designated Federal official shall have the same 
        authorities and responsibilities as the designated officer or 
        employee of the Federal Government described in section 10 of 
        the Federal Advisory Committee Act (5 U.S.C. App.).''; and
                    (B) in paragraph (2), by striking ``The President'' 
                inserting ``The Secretary of Health and Human 
                Services'';
            (4) in subsection (d), by striking ``the President'' and 
        inserting ``the Secretary of Health and Human Services''; and
            (5) by adding at the end the following new subsections:
    ``(g) Legal Counsel.--The Board may secure the services of 
independent legal counsel, in addition to or in lieu of any legal 
counsel provided to the Board by the General Counsel of the Department 
of Health and Human Services.
    ``(h) Applicability of the Federal Advisory Committee Act.--Unless 
otherwise provided in this Act, the Board shall operate under the 
provisions of the Federal Advisory Committee Act (5 U.S.C. App.), and 
members of the Board shall be compensated at a daily rate of pay for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.''.

SEC. 8. SPECIAL EXPOSURE COHORT.

    Section 3626 (42 U.S.C. 7384q) is amended--
            (1) by striking ``the President'' each place it appears and 
        inserting ``the Secretary of Health and Human Services'';
            (2) by striking ``The President'' each place it appears and 
        inserting ``The Secretary of Health and Human Services'';
            (3) in subsection (a)(1) by inserting ``any atomic weapons 
        employer facility, or any combination of such facilities,'' 
        after ``any Department of Energy facility'';
            (4) in subsection (a)(2), by adding at the end the 
        following sentence: ``An executive branch agency may submit a 
        review of a petition described in paragraph (3), or comments or 
        recommendations relating to such a petition, to the Advisory 
        Board on Radiation and Worker Health, and such Advisory Board 
        may consider any such review, comments, or recommendations in 
        determining its advice under paragraph (1), as such Advisory 
        Board considers appropriate.'';
            (5) in subsection (b)(1), by inserting ``, based 
        exclusively on information relating to the facility or 
        facilities which are the subject of a petition described in 
        paragraph (a)(3),'' after ``it is not feasible'';
            (6) in subsection (c)(1), by adding at the end the 
        following sentence: ``The Advisory Board on Radiation and 
        Worker Health shall transmit to the Secretary of the Department 
        of Health and Human Services, not later than 21 days after the 
        date on which such Advisory Board votes on a recommendation to 
        the Secretary relating to the petition of the class of 
        employees being considered for designation as a member of the 
        Special Exposure Cohort, the formal recommendation of such 
        Advisory Board, and the complete administrative record, 
        relating to such petition.'';
            (7) in subsection (c)(2)(A) (as amended by paragraph (1) of 
        this section)--
                    (A) by striking ``Upon receipt by'' and inserting 
                ``(1) Upon receipt by'';
                    (B) by inserting ``, based solely on the 
                recommendation of such Advisory Board and the complete 
                administrative record,'' after ``in which to 
                determine''; and
                    (C) by adding at the end of subparagraph (A) the 
                following sentences: ``During such 30-day period the 
                Secretary shall not consider any review, comment, or 
                recommendation relating to the petition by any other 
                executive branch agency, unless such review, comment, 
                or recommendation was submitted to the Advisory Board 
                on Radiation and Worker Health in accordance with 
                subsection (a)(2), and appears on the administrative 
                record of such Advisory Board. The determination by the 
                Secretary shall be the same as the recommendation by 
                such Advisory Board, unless, not later than 30 days 
                after the determination, the Secretary issues a formal 
                finding of facts responding to the rationale outlined 
                by such Advisory Board, and using information supported 
                by the administrative record.'';
            (8) by redesignating subsection (d) as subsection (h); and
            (9) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Enforcement of Deadlines.--If the Director of the National 
Institute of Occupational Safety and Health fails to submit a 
recommendation after receipt of a petition to the Advisory Board on 
Radiation and Worker Health in accordance with subsection (c)(1) within 
the 180-day period required by such subsection, the Director of the 
National Institute of Occupational Safety and Health shall promptly 
notify the petitioner, such Advisory Board, the appropriate 
Congressional committees of jurisdiction, and the Congressional 
delegation of the State in which the facility that is the subject of 
the petition is located of the delay. Such notification shall include--
            ``(1) an explanation for the delay;
            ``(2) the date on which the evaluation will be completed;
            ``(3) the reasons why a delay is necessary; and
            ``(4) any adverse consequences of the delay for the 
        petitioner.
    ``(e) Appeals.--
            ``(1) SEC appeals board established.--There is established, 
        within the Department of Health and Human Services, a 3-member 
        Special Exposure Cohort Appeals Board (referred to in this 
        section as the `SEC Board'), to which a petitioner may appeal 
        an adverse Special Exposure Cohort designation. The SEC Board 
        shall be appointed by the Secretary of Health and Human 
        Services, and shall hear appeals, schedule hearings, take 
        evidence, and issue decisions affirming or reversing the 
        adverse Special Exposure Cohort designations.
            ``(2) Procedures.--The SEC Board shall review appeals de 
        novo. Unless the petitioner waives the right to a formal 
        adjudication and elects an informal proceeding, appeals 
        reviewed by the SEC Board shall be conducted on the record, in 
        accordance with the Administrative Procedures Act. Not later 
        than 90 days after the date of enactment of the Energy 
        Employees Occupational Illness Compensation Program Improvement 
        Act of 2007, the SEC Board shall issue Rules of Procedure for 
        the appeals proceedings conducted by such SEC Board. Parties to 
        any appeals proceeding under this subsection shall be limited 
        to the Secretary of Health and Human Services and the 
        petitioner.
            ``(3) Decisions.--Decisions by the SEC Board shall be final 
        agency actions. In the event that the SEC Board renders a 
        decision reversing the adverse designation of a petition by the 
        Secretary of Health and Human Services, the petition shall be 
        remanded to the Secretary to carry out the decision of the 
        Board and it shall be the duty of the Secretary to review such 
        decision and, within 30 days of receipt of the remand, to issue 
        a new determination regarding the Special Exposure Cohort 
        designation of the petitioner upon the basis of the proceedings 
        already had and the record upon which said appeal was heard and 
        determined.
            ``(4) Waiver and appeal of sec board decisions.--A 
        petitioner may waive the right to appeal to the SEC Board, and 
        may seek judicial review of the Secretary's decision under this 
        paragraph. Decisions by the Secretary of Health and Human 
        Services relating to a petition for designation as a member of 
        the Special Exposure Cohort may be appealed to the appropriate 
        district court in the jurisdiction in which the facility that 
        is the subject of the Special Exposure Cohort petition is 
        located, or in the jurisdiction where the petitioner resides.
    ``(f) Availability of Petitioner Information.--The Director of the 
National Institute of Occupational Safety and Health shall, upon 
request, make available to the general public the name and contact 
information of each petitioner under this section.
    ``(g) Special Exposure Cohort Petition Assistance.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of the Energy Employees Occupational Illness 
        Compensation Program Improvement Act of 2007, the Director of 
        the National Institute of Occupational Safety and Health shall 
        provide for independent technical assistance for petitioners 
        and prospective petitioners with respect to preparing and 
        qualifying Special Exposure Cohort petitions, and reviewing 
        Special Exposure Cohort evaluation reports. Technical 
        assistance may be provided through a cooperative agreement or 
        contract with a nonprofit organization or institution of higher 
        education that has expertise in occupational safety and health, 
        and that does not have a conflict of interest, as defined in 
        section 3634.
            ``(2) Notice.--The Director of the National Institute of 
        Occupational Safety and Health shall notify petitioners and 
        prospective petitioners for designation as members of the 
        Special Exposure Cohort of the assistance available under this 
        subsection.
            ``(3) Funding.--In any fiscal year, not more than $250,000 
        of the funds authorized and provided for the administration of 
        this Act in such fiscal year shall be used to carry out this 
        subsection.''.

SEC. 9. CONFLICTS OF INTEREST.

    Subtitle B (42 U.S.C. 3621 et seq.) is further amended by adding at 
the end of the subtitle the following new section:

``SEC. 3634. PROHIBITION ON ENTITIES WITH CONFLICTS OF INTEREST.

    ``(a) Conflict of Interest Policy.--The Secretary of Health and 
Human Services shall prohibit an entity from participating in or 
performing any of the activities described in subsection (b), if such 
entity--
            ``(1) has, or has had, a personal, organizational, or 
        professional conflict of interest relating to any activity 
        carried out under this Act; or
            ``(2) has, or has had, previous employment or a personal or 
        financial relationship that could bias the performance of 
        activities under this Act.
    ``(b) Prohibited Activities.--An entity described in paragraph (1) 
or (2) of subsection (a) shall not be employed by the National 
Institute for Occupational Safety and Health (or by its contractors or 
subcontractors of any tier)--
            ``(1) to perform the following program activities, if such 
        entity performed work at or for a Department of Energy or 
        atomic weapons employer facility (or for a contractor or 
        subcontractor performing work at such facility)--
                    ``(A) prepare, conduct, approve, revise, or 
                internally peer review individual radiation dose 
                estimates at a Department of Energy or atomic weapons 
                employer facility;
                    ``(B) research, develop, prepare, author, lead a 
                team preparing, serve as a site expert for, approve, 
                revise, or internally peer review technical basis 
                documents, technical information bulletins, site 
                profiles, or other dose reconstruction guidance; and
                    ``(C) research, evaluate, make a recommendation 
                relating to, serve as a site expert for, assess, or 
                review a Special Exposure Cohort petition, or a 
                revision thereto; or
            ``(2) to perform any other activities the Secretary of 
        Health and Human Services determines are prohibited by reason 
        of a conflict of interest described in subsection (a)(1) or 
        (2).
    ``(c) Report and Disclosure of Conflict Information.--
            ``(1) In general.--Each contractor, subcontractor, and 
        consultant involved with radiation dose reconstruction, 
        technical basis documents, technical information bulletins, 
        site profiles, Special Exposure Cohort evaluations, 
        epidemiologic research, or development of dose reconstruction 
        methods conducted under this Act shall report to the Director 
        of the National Institute for Occupational Safety and Health 
        the following:
                    ``(A) The name of the entity, and the employer of 
                such entity at the time of the initial report under 
                this subsection, if any.
                    ``(B) Functions performed under this Act, 
                educational background, a biographical description of 
                past and present work at or for the Department of 
                Energy or an atomic weapons employer facility (or for a 
                contractor or subcontractor performing work at such 
                facility), including a list of responsibilities while 
                employed at such facility.
                    ``(C) A list of each workers' compensation claim or 
                lawsuit (identified by name) in which any individual 
                who is an entity under this section was an expert 
                witness (including as a non-testifying expert), and the 
                position such individual held or represented in such 
                claim or lawsuit.
                    ``(D) A list of facilities and positions for which 
                the entity has a conflict of interest and is prohibited 
                from carrying out activities required by this Act.
                    ``(E) Any change in the information required by 
                this paragraph during the time such entity is involved 
                with the activities described in this subsection.
            ``(2) Initial and periodic reports.--A contractor, 
        subcontractor, or consultant required to report information to 
        the Director of the National Institute for Occupational Safety 
        and Health under paragraph (1) shall--
                    ``(A) initially report such information--
                            ``(i) not later than 15 days after the date 
                        of enactment of the Energy Employees 
                        Occupational Illness Compensation Program 
                        Improvement Act of 2007; or
                            ``(ii) in the case of such an entity that 
                        is not involved with an activity described in 
                        paragraph (1) as of the date of the enactment 
                        of such Act, on the date that such entity 
                        becomes involved with such an activity; and
                    ``(B) shall periodically report any changes or 
                updates to such information, as the Director may 
                require.
            ``(3) Disclosure and revision by the director.--The 
        Director of the National Institute for Occupational Safety and 
        Health shall disclose to the general public, in paper and 
        electronic format, the information reported to the Director 
        under paragraph (1). The Director shall require contractors, 
        subcontractors, and consultants to periodically revise the 
        information reported under paragraph (1) to include any changes 
        to such information. The Director shall ensure that the 
        information disclosed to the general public under this 
        paragraph contains the most recent information available to the 
        Director.
    ``(d) Contracts With NIOSH.--
            ``(1) No entity that is performing work for the National 
        Institute for Occupational Safety and Health or that has 
        entered into and is obligated under a contracting arrangement 
        with the National Institute for Occupational Safety and Health 
        to conduct activities related to this Act shall, at any time 
        during which the entity is performing such work or is so 
        obligated--
                    ``(A) perform work at or for the Department of 
                Energy or an atomic weapons employer facility (or for a 
                contractor or subcontractor performing work at a 
                Department of Energy or an atomic weapons employer 
                facility) which involves radiation protection, dose 
                estimation, or health physics; or
                    ``(B) solicit new work related to radiation 
                protection, dose estimation, or health physics from the 
                Department of Energy or an atomic weapons employer (or 
                from contractors or subcontractors performing work at a 
                Department of Energy or an atomic weapons employer 
                facility).
            ``(2) Any contractor or subcontractor performing work for 
        or obligated under a contracting arrangement with the National 
        Institute for Occupational Safety and Health shall disclose in 
        electronic and paper form all past contracts that the 
        contractor or subcontractor has entered into for performing 
        work at or for the Department of Energy or an atomic weapons 
        employer facility (or for a contractor or subcontractor 
        performing work at such facility) which involves radiation 
        protection, dose estimation, or health physics.
    ``(e) Disallowance of Costs.--Any work product performed under a 
contracting arrangement with the Department of Health and Human 
Services (or any agency or instrumentality thereof) by a contractor, 
subcontractor, or consultant in violation of this section, an agency 
conflict of interest policy, or a contract requirement related to 
conflict of interest shall constitute a breach of such contract, and 
the costs incurred by such contractor, subcontractor, or consultant as 
a result of the performance of such work shall not be allowable costs 
for purposes of any cost reimbursement contract, task order contract, 
or any other type of contracting arrangement.
    ``(f) No Waivers.--The Secretary of Health and Human Services shall 
not issue any waivers to this section.
    ``(g) Definition of Entity.--For purposes of this section and 
section 3635, the term `entity'--
            ``(1) means--
                    ``(A) any individual--
                            ``(i) who is or was employed by the 
                        Department of Energy or an atomic weapons 
                        employer (or by a contractor or subcontractor 
                        to the Department of Energy or an atomic 
                        weapons employer); or
                            ``(ii) who served as an expert witness 
                        (including as a nontestifying witness) in any 
                        legal proceeding defending a workers' 
                        compensation claim related to radiation 
                        exposure against the Department of Energy (or a 
                        contractor or subcontractor of any tier of such 
                        agency), or an atomic weapons employer; or
                    ``(B) any organization, contractor, subcontractor, 
                or consultant (including any employee, agent, or 
                official of an organization, contractor, subcontractor, 
                or consultant); and
            ``(2) does not include the Advisory Board on Radiation and 
        Worker Health, or any member or employee of such Advisory 
        Board.

``SEC. 3635. EFFECTS OF CONFLICTS OF INTEREST ON USE OF WORK PERFORMED.

    ``Any dose reconstruction, site profile, technical bulletin, or 
Special Exposure Cohort petition research performed by an entity in 
violation of any provision of section 3634, an agency conflict of 
interest policy, or a contract requirement related to conflict of 
interest shall not be considered or used for any purpose relating to--
            ``(1) the adjudication of any claim concerning dose 
        reconstruction of radiation doses received by any individual; 
        or
            ``(2) the consideration or determination of whether members 
        of a class of employees may be treated as members of the 
        Special Exposure Cohort under section 3626.''.

SEC. 10. DUTIES OF THE OFFICE OF OMBUDSMAN.

    Section 3686(c) (42 U.S.C. 7385s-15(c)) is amended--
            (1) in paragraph (1), by inserting ``subtitle B and'' after 
        ``available under'';
            (2) by redesignating paragraph (3) as paragraph (5); and
            (3) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) To assist individuals in making claims under this 
        subtitle.
            ``(4) To act as advocate on behalf of individuals seeking 
        benefits under this subtitle.''.

SEC. 11. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Health and Human Services shall publish rules to modify 
the regulations and procedures of the Department of Health and Human 
Services relating to the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.), to conform 
the regulations and procedures to the amendments made by this Act.
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