GAO-01-799R

United States General Accounting Office

Washington, DC 20548

B-287928

June 11, 2001

The Honorable Edward M. Kennedy

Chairman

The Honorable Judd Gregg

Ranking Minority Member

Committee on Health, Education, Labor, and Pensions

United States Senate

The Honorable F. James Sensenbrenner

Chairman

The Honorable John Conyers

Ranking Minority Member

Committee on the Judiciary

House of Representatives

Subject: Department of Labor, Office of Workers’ Compensation Programs:

Performance of Functions Under This Chapter; Claims for Compensation

Under the Energy Employees Occupational Illness Compensation Program

Act

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a

major rule promulgated by the Department of Labor (DOL), Office of Workers’

Compensation Programs, entitled “Performance of Functions Under This Chapter;

Claims for Compensation Under the Energy Employees Occupational Illness

Compensation Program Act” (RIN: 1215-AB32). We received the rule on May 25,

2001. It was published in the Federal Register as an “interim final rule; request for

comments” on May 25, 2001. 66 Fed. Reg. 28948.

The interim final rule governs the administration of the Energy Employees

Occupational Illness Compensation Program Act (EEOICPA). It provides lump-sum

payments and medical benefits to covered employees of the Department of Energy,

its predecessor agencies, and certain of its vendors, contractors, and subcontractors

and, where applicable, survivors of such employees. The EEOICPA also provides for

the payment of smaller lump-sum payments and medical benefits to individuals

already found eligible for benefits under section 5 of the Radiation Exposure

Compensation Act and, where applicable, their survivors.
Page 2 GAO-01-799R

Enclosed is our assessment of DOL’s compliance with the procedural steps required

by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review

indicates that DOL complied with the applicable requirements.

If you have any questions about this report, please contact James W. Vickers,

Assistant General Counsel, at (202) 512-8210. The official responsible for GAO

evaluation work relating to the subject matter of the rule is Cindy Fagnoni, Managing

Director, Education, Workforce, and Income Security. Ms. Fagnoni can be reached

at (202) 512-7215.

signed

Kathleen E. Wannisky

Managing Associate General Counsel

Enclosure

cc: Shelby Hallmark

Acting Director, Office of Workers'

 Compensation Programs

Department of Labor
GAO-01-799R

ENCLOSURE

ANALYSIS UNDER 5 U.S.C. § 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE

ISSUED BY

DEPARTMENT OF LABOR,

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

ENTITLED

"PERFORMANCE OF FUNCTIONS UNDER THIS CHAPTER;

CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES

OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT"

(RIN: 1215-AB32)

(i) Cost-benefit analysis

The Department of Labor estimates that the costs of the benefits under the interim

final rule and its administrative costs (in millions of dollars) to be as follows:

 Fiscal Year Benefits Administration

 2001 $358 $ 50

 2002 597 136

 2003 477 100

 2004 253 55

 2005 222 50

(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. §§ 603-605,

607, and 609

The Assistant Secretary for Employment Standards has certified that the interim

final rule will not have a significant economic impact on a substantial number of

small entities.

(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform

Act of 1995, 2 U.S.C. §§ 1532-1535

The interim final rule does not contain either an intergovernmental or private sector

mandate, as defined in title II, of more that $100 million in any one year.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Since the EEOICPA required that the program’s provisions concerning lump-sum

payments and medical benefits take effect on July 31, 2001, DOL found “good cause”

under 5 U.S.C. 553(b)(B) to forgo notice and comment under the Administrative

Procedure Act as impracticable and contrary to the public interest. However, DOL is

accepting comments on the interim final rule until August 23, 2001.
Page 2 GAO-01-799R

Paperwork Reduction Act, 44 U.S.C. §§ 3501-3520

The interim final rule contains information collections that are subject to review and

approval by the Office of Management and Budget (OMB) under the Paperwork

Reduction Act.

DOL is submitting to OMB the required information on eight new information

collections necessary to implement the provisions of the interim final rule. The

required information is summarized in the preamble to the interim final rule and

includes the reasons for the collections and the estimated burden hours.

Statutory authorization for the rule

The interim final rule is promulgated pursuant to the authority contained in section

3611 of the Energy Employees Occupational Illness Compensation Program Act

(Public Law 106-398, October 30, 2000) and Executive Order No.13179.

Executive Order No. 12866

The interim final rule was reviewed by OMB and found to be an “economically

significant regulatory action.

Executive Order No. 13132 (Federalism)

DOL has reviewed the interim final rule under the order and found it does not have

federalism implications.