118 STAT. 2178 PUBLIC LAW 108–375—OCT. 28, 2004
 

(B) by striking ‘‘and’’ at the end; 

(2) by redesignating paragraph (2) as paragraph (3); and 

(3) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) notwithstanding paragraph (1) and the agreement 

under subsection (e), convey, without consideration, to the 

Board of Education of the Los Alamos Public Schools, New 

Mexico, within the County, fee title to the parcels of land 

identified by the Department of Energy as Parcel A–8 and 

Parcel A–15–1 that are currently located in Technical Area– 

21 of Los Alamos National Laboratory upon the entry of Los 

Alamos Public Schools and the County into an agreement for 

the use of the parcel of land identified as Parcel A–8; and’’. 

Subtitle E—Energy Employees Occupational Illness Compensation Program 

SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION. 

The Energy Employees Occupational Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted into 

law by Public Law 106–398)) is amended by adding after subtitle 

D (42 U.S.C. 7385o) the following new title: 

‘‘Subtitle E—Contractor Employee 

Compensation 

‘‘SEC. 3671. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) The term ‘covered DOE contractor employee’ means 

any Department of Energy contractor employee determined 

under section 3675 to have contracted a covered illness through 

exposure at a Department of Energy facility. 

‘‘(2) The term ‘covered illness’ means an illness or death 

resulting from exposure to a toxic substance. 

‘‘(3) The term ‘Secretary’ means the Secretary of Labor. 

‘‘SEC. 3672. COMPENSATION TO BE PROVIDED. 

‘‘Subject to the other provisions of this subtitle: 

‘‘(1) CONTRACTOR EMPLOYEES.—A covered DOE contractor 

employee shall receive contractor employee compensation under 

this subtitle in accordance with section 3673. 

‘‘(2) SURVIVORS.—After the death of a covered DOE contractor employee, compensation referred to in paragraph (1) 

shall not be paid. Instead, the survivor of that employee shall 

receive compensation as follows: 

‘‘(A) Except as provided in subparagraph (B), the survivor of that employee shall receive contractor employee 

compensation under this subtitle in accordance with section 

3674. 

‘‘(B) In a case in which the employee’s death occurred 

after the employee applied under this subtitle and before 

compensation was paid under paragraph (1), and the 

employee’s death occurred from a cause other than the 

42 USC 7385s. 

42 USC 7385s–1. 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2179
 

covered illness of the employee, the survivor of that 

employee may elect to receive, in lieu of compensation 

under subparagraph (A), the amount of contractor employee 

compensation that the employee would have received in 

accordance with section 3673 if the employee’s death had 

not occurred before compensation was paid under paragraph (1). 

‘‘SEC. 3673. COMPENSATION SCHEDULE FOR CONTRACTOR 

EMPLOYEES. 

‘‘(a) COMPENSATION PROVIDED.—The amount of contractor 

employee compensation under this subtitle for a covered DOE contractor employee shall be the sum of the amounts determined 

under paragraphs (1) and (2), as follows: 

‘‘(1) IMPAIRMENT.—(A) The Secretary shall determine— 

‘‘(i) the minimum impairment rating of that employee, 

expressed as a number of percentage points; and 

‘‘(ii) the number of those points that are the result 

of any covered illness contracted by that employee through 

exposure to a toxic substance at a Department of Energy 

facility. 

‘‘(B) The employee shall receive an amount under this 

paragraph equal to $2,500 multiplied by the number referred 

to in clause (ii) of subparagraph (A). 

‘‘(2) WAGE LOSS.—(A) The Secretary shall determine— 

‘‘(i) the calendar month during which the employee 

first experienced wage loss as the result of any covered 

illness contracted by that employee through exposure to 

a toxic substance at a Department of Energy facility; 

‘‘(ii) the average annual wage of the employee for the 

36-month period immediately preceding the calendar month 

referred to in clause (i), excluding any portions of that 

period during which the employee was unemployed; and 

‘‘(iii) beginning with the calendar year that includes 

the calendar month referred to in clause (i), through and 

including the calendar year during which the employee 

attained normal retirement age (for purposes of the Social 

Security Act)— 

‘‘(I) the number of calendar years during which, 

as the result of any covered illness contracted by that 

employee through exposure to a toxic substance at 

a Department of Energy facility, the employee’s annual 

wage exceeded 50 percent of the average annual wage 

determined under clause (ii), but did not exceed 75 

percent of the average annual wage determined under 

clause (ii); and 

‘‘(II) the number of calendar years during which, 

as the result of any covered illness contracted by that 

employee through exposure to a toxic substance at 

a Department of Energy facility, the employee’s annual 

wage did not exceed 50 percent of the average annual 

wage determined under clause (ii). 

‘‘(B) The employee shall receive an amount under this 

paragraph equal to the sum of— 

‘‘(i) $10,000 multiplied by the number referred to in 

clause (iii)(I) of subparagraph (A); and 

42 USC 7385s–2. 

118 STAT. 2180 PUBLIC LAW 108–375—OCT. 28, 2004
 

‘‘(ii) $15,000 multiplied by the number referred to in 

clause (iii)(II) of subparagraph (A). 

‘‘(b) DETERMINATION OF MINIMUM IMPAIRMENT RATING.—For 

purposes of subsection (a), a minimum impairment rating shall 

be determined in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment. 

‘‘SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS. 

‘‘(a) CATEGORIES OF COMPENSATION.—The amount of contractor 

employee compensation under this subtitle for the survivor of a 

covered DOE contractor employee shall be determined as follows: 

‘‘(1) CATEGORY ONE.—The survivor shall receive the amount 

of $125,000, if the Secretary determines that— 

‘‘(A) the employee would have been entitled to compensation under section 3675 for a covered illness; and 

‘‘(B) it is at least as likely as not that exposure to 

a toxic substance at a Department of Energy facility was 

a significant factor in aggravating, contributing to, or 

causing the death of such employee. 

‘‘(2) CATEGORY TWO.—The survivor shall receive the amount 

of $150,000, if paragraph (1) applies to the employee and the 

Secretary also determines that there was an aggregate period 

of not less than 10 years, before the employee attained normal 

retirement age (for purposes of the Social Security Act), during 

which, as the result of any covered illness contracted by that 

employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not 

exceed 50 percent of the average annual wage of that employee, 

as determined under section 3673(a)(2)(A)(ii). 

‘‘(3) CATEGORY THREE.—The survivor shall receive the 

amount of $175,000, if paragraph (1) applies to the employee 

and the Secretary also determines that there was an aggregate 

period of not less than 20 years, before the employee attained 

normal retirement age (for purposes of the Social Security 

Act), during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance 

at a Department of Energy facility, the employee’s annual 

wage did not exceed 50 percent of the average annual wage 

of that employee, as determined under section 3673(a)(2)(A)(ii). 

‘‘(b) ONE AMOUNT ONLY.—The survivor of a covered DOE contractor employee to whom more than one amount under subsection 

(a) applies shall receive only the highest such amount. 

‘‘(c) DETERMINATION AND ALLOCATION OF SHARES.—The amount 

under subsection (a) shall be paid only as follows: 

‘‘(1) If a covered spouse is alive at the time of payment, 

such payment shall be made to such surviving spouse. 

‘‘(2) If there is no covered spouse described in paragraph 

(1), such payment shall be made in equal shares to all covered 

children who are alive at the time of payment. 

‘‘(3) Notwithstanding the other provisions of this subsection, if there is— 

‘‘(A) a covered spouse described in paragraph (1); and 

‘‘(B) at least one covered child of the employee who 

is living at the time of payment and who is not a recognized 

natural child or adopted child of such covered spouse, 

then half of such payment shall be made to such covered 

spouse, and the other half of such payment shall be made 

42 USC 7385s–3. 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2181
 

in equal shares to each covered child of the employee who
 

is living at the time of payment.
 

‘‘(d) DEFINITIONS.—In this section:
 

‘‘(1) The term ‘covered spouse’ means a spouse of the 

employee who was married to the employee for at least one 

year immediately before the employee’s death. 

‘‘(2) The term ‘covered child’ means a child of the employee 

who, as of the employee’s death— 

‘‘(A) had not attained the age of 18 years; 

‘‘(B) had not attained the age of 23 years and was 

a full-time student who had been continuously enrolled 

as a full-time student in one or more educational institutions since attaining the age of 18 years; or 

‘‘(C) had been incapable of self-support. 

‘‘(3) The term ‘child’ includes a recognized natural child, 

a stepchild who lived with an individual in a regular parentchild relationship, and an adopted child. 

‘‘SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES. 

‘‘(a) CASES DETERMINED UNDER SUBTITLE B.—A determination 

under subtitle B that a Department of Energy contractor employee 

is entitled to compensation under that subtitle for an occupational 

illness shall be treated for purposes of this subtitle as a determination that the employee contracted that illness through exposure 

at a Department of Energy facility. 

‘‘(b) CASES DETERMINED UNDER FORMER SUBTITLE D.—In the 

case of a covered illness of an employee with respect to which 

a panel has made a positive determination under section 3661(d) 

and the Secretary of Energy has accepted that determination under 

section 3661(e)(2), or with respect to which a panel has made 

a negative determination under section 3661(d) and the Secretary 

of Energy has found significant evidence to the contrary under 

section 3661(e)(2), that determination shall be treated for purposes 

of this subtitle as a determination that the employee contracted 

the covered illness through exposure at a Department of Energy 

facility. 

‘‘(c) OTHER CASES.—(1) In any other case, a Department of 

Energy contractor employee shall be determined for purposes of 

this subtitle to have contracted a covered illness through exposure 

at a Department of Energy facility if— 

‘‘(A) it is at least as likely as not that exposure to a 

toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and 

‘‘(B) it is at least as likely as not that the exposure to 

such toxic substance was related to employment at a Department of Energy facility. 

‘‘(2) A determination under paragraph (1) shall be made by 

the Secretary. 

‘‘(d) APPLICATIONS BY SPOUSES AND CHILDREN.—If a spouse 

or child of a Department of Energy contractor employee applies 

for benefits under this subtitle, the Secretary shall make a determination under this section with respect to that employee without 

regard to whether the spouse is a ‘covered spouse’, or the child 

is a ‘covered child’, under this subtitle. 

42 USC 7385s–4. 

118 STAT. 2182 PUBLIC LAW 108–375—OCT. 28, 2004
 

42 USC 7385s–5. ‘‘SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES. 

‘‘(a) IN GENERAL.—This subtitle shall apply to— 

‘‘(1) a section 5 payment recipient who contracted a section 

5 illness through a section 5 exposure at a section 5 facility, 

or 

‘‘(2) a section 5 uranium worker determined under section 

3675(c) to have contracted a covered illness through exposure 

to a toxic substance at a section 5 mine or mill, 

(or to the survivor of that employee, as applicable) on the same 

basis as it applies to a Department of Energy contractor employee 

determined under section 3675 to have contracted a covered illness 

through exposure to a toxic substance at a Department of Energy 

facility (or to the survivor of that employee, as applicable). 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘section 5 payment recipient’ means an individual who receives, or has received, $100,000 under section 

5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 

note) for a claim made under that Act. 

‘‘(2) The terms ‘section 5 exposure’, ‘section 5 facility’, and 

‘section 5 illness’ mean the exposure, facility, and illness, 

respectively, to which an individual’s status as a section 5 

payment recipient relates. 

‘‘(3) The term ‘section 5 uranium worker’ means an individual to whom subsection (a)(1)(A)(i) of section 5 of the Radiation Exposure Compensation Act applies (whether directly 

or by reason of subsection (a)(2)). 

‘‘(4) The term ‘section 5 mine or mill’ means the mine 

or mill to which an individual’s status as a section 5 uranium 

worker relates. 

42 USC 7385s–6. ‘‘SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW. 

‘‘(a) JUDICIAL REVIEW.—A person adversely affected or 

aggrieved by a final decision of the Secretary under this subtitle 

may review that order in the United States district court in the 

district in which the injury was sustained, the employee lives, 

the survivor lives, or the District of Columbia, by filing in such 

court within 60 days after the date on which that final decision 

was issued a written petition praying that such decision be modified 

or set aside. The person shall also provide a copy of the petition 

to the Secretary. Upon such filing, the court shall have jurisdiction 

over the proceeding and shall have the power to affirm, modify, 

or set aside, in whole or in part, such decision. The court may 

modify or set aside such decision only if the court determines 

that such decision was arbitrary and capricious. 

‘‘(b) ADMINISTRATIVE REVIEW.—The Secretary shall ensure that 

recommended decisions of the Secretary with respect to a claim 

under this subtitle are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or 

shall apply to this subtitle the regulations applicable to recommended decisions under subtitle B. 

‘‘SEC. 3678. PHYSICIANS SERVICES. 

‘‘(a) IN GENERAL.—The Secretary may utilize the services of 

physicians for purposes of making determinations under this subtitle. 

42 USC 7385s–7. 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2183
 

‘‘(b) PHYSICIANS.—Any physicians whose services are utilized 

under subsection (a) of this section shall possess appropriate expertise and experience in the evaluation and determination of the 

extent of permanent physical impairments or in the evaluation 

and diagnosis of illnesses or deaths aggravated, contributed to, 

or caused by exposure to toxic substances. 

‘‘(c) ARRANGEMENT.—The Secretary may secure the services 

of physicians utilized under subsection (a) of this section through 

the appointment of physicians or by contract. 

‘‘SEC. 3679. MEDICAL BENEFITS. 

‘‘A covered DOE contractor employee shall be furnished medical 

benefits specified in section 3629 for the covered illness to the 

same extent, and under the same conditions and limitations, as 

an individual eligible for medical benefits under that section is 

furnished medical benefits under that section. 

‘‘SEC. 3680. ATTORNEY FEES. 

‘‘Section 3648 shall apply to a payment under this subtitle 

to the same extent that it applies to a payment under subtitle 

B. 

‘‘SEC. 3681. ADMINISTRATIVE MATTERS. 

‘‘(a) IN GENERAL.—The Secretary shall administer this subtitle. 

‘‘(b) CONTRACT AUTHORITY.—The Secretary may enter into contracts with appropriate persons and entities to administer this 

subtitle. 

‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall provide 

to the Secretary all records, files, and other data, whether paper, 

electronic, imaged, or otherwise, developed by the Secretary of 

Energy that are applicable to the administration of this subtitle, 

including records, files, and data on facility industrial hygiene, 

employment of individuals or groups, exposure and medical records, 

and claims applications. 

‘‘(B) In providing records, files, and other data under this paragraph, the Secretary of Energy shall preserve the current organization of such records, files, and other data, and shall provide such 

description and indexing of such records, files, and other data 

as the Secretary considers appropriate to facilitate their use by 

the Secretary. 

‘‘(2) The Secretary of Energy and the Secretary shall jointly 

undertake such actions as are appropriate to retrieve records 

applicable to the claims of Department of Energy contractor 

employees for contractor employee compensation under this subtitle, 

including employment records, records of exposure to beryllium, 

radiation, silica, or other toxic substances, and records regarding 

medical treatment. 

‘‘(d) INFORMATION.—At the request of the Secretary, the Secretary of Energy and any contractor who employed a Department 

of Energy contractor employee shall, within time periods specified 

by the Secretary, provide to the Secretary and to the employee 

information or documents in response to the request. 

‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations 

necessary for the administration of this subtitle. The initial regulations shall be prescribed not later than 210 days after the date 

of the enactment of this subtitle. The Secretary may prescribe 

interim final regulations necessary to meet the deadlines specified 

in this subtitle. 

42 USC 7385s–8. 

42 USC 7385s–9. 

42 USC 

7385s–10. 

Deadline. 

118 STAT. 2184 PUBLIC LAW 108–375—OCT. 28, 2004
 

‘‘(f) TRANSITION PROVISIONS.—(1) The Secretary shall commence 

the administration of the provisions of this subtitle not later than 

210 days after the date of the enactment of this subtitle. 

‘‘(2) Until the commencement of the administration of this 

subtitle, the Department of Energy Physicians Panels appointed 

pursuant to subtitle D shall continue to consider and issue determinations concerning any cases pending before such Panels immediately before the date of the enactment of this subtitle. 

‘‘(3) The Secretary shall take such actions as are appropriate 

to identify other activities under subtitle D that will continue until 

the commencement of the administration of subtitle E. 

‘‘(g) PREVIOUS APPLICATIONS.—Upon the commencement of the 

administration of this subtitle, any application previously filed with 

the Secretary of Energy pursuant to subtitle D shall be considered 

to have been filed with the Secretary as a claim for benefits pursuant to this subtitle. 

42 USC ‘‘SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE 

7385s–11. WORKERS COMPENSATION. 

‘‘(a) IN GENERAL.—An individual who has been awarded compensation under this subtitle, and who has also received benefits 

from a State workers compensation system by reason of the same 

covered illness, shall receive compensation specified in this subtitle 

reduced by the amount of any workers compensation benefits, other 

than medical benefits and benefits for vocational rehabilitation, 

that the individual has received under the State workers compensation system by reason of the covered illness, after deducting the 

reasonable costs, as determined by the Secretary, of obtaining those 

benefits under the State workers compensation system. 

‘‘(b) WAIVER.—The Secretary may waive the provisions of subsection (a) if the Secretary determines that the administrative costs 

and burdens of implementing subsection (a) with respect to a particular case or class of cases justifies such a waiver. 

‘‘(c) INFORMATION.—Notwithstanding any other provision of law, 

each State workers compensation authority shall, upon request 

of the Secretary, provide to the Secretary on a quarterly basis 

information concerning workers compensation benefits received by 

any covered DOE contractor employee entitled to compensation 

or benefits under this subtitle, which shall include the name, Social 

Security number, and nature and amount of workers compensation 

benefits for each such employee for which the request was made. 

42 USC ‘‘SEC. 3683. MAXIMUM AGGREGATE COMPENSATION. 

7385s–12. ‘‘For each individual whose illness or death serves as the basis 

for compensation or benefits under this subtitle, the total amount 

of compensation (other than medical benefits) paid under this subtitle, to all persons, in the aggregate, on the basis of that illness 

or death shall not exceed $250,000. 

42 USC ‘‘SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS. 

7385s–13. ‘‘There is authorized and hereby appropriated to the Secretary 

for fiscal year 2005 and thereafter such sums as may be necessary 

to carry out this subtitle. 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2185
 

‘‘SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COMPENSATION FUND. 

‘‘The compensation and benefits provided under this title, when 

authorized or approved by the President, shall be paid from the 

compensation fund established under section 3612. 

‘‘SEC. 3686. OFFICE OF OMBUDSMAN. 

‘‘(a) ESTABLISHMENT.—There is established in the Department 

of Labor an office to be known as the ‘Office of the Ombudsman’ 

(in this section referred to as the ‘Office’). 

‘‘(b) HEAD.—The head of the Office shall be the Ombudsman. 

The individual serving as Ombudsman shall be either of the following: 

‘‘(1) An officer or employee of the Department of Labor 

designated by the Secretary for purposes of this section from 

among officers and employees of the Department who have 

experience and expertise necessary to carry out the duties 

of the Office specified in subsection (c). 

‘‘(2) An individual employed by the Secretary from the 

private sector from among individuals in the private sector 

who have experience and expertise necessary to carry out the 

duties of the Office specified in subsection (c). 

‘‘(c) DUTIES.—The duties of the Office shall be as follows: 

‘‘(1) To provide information on the benefits available under 

this subtitle and on the requirements and procedures applicable 

to the provision of such benefits. 

‘‘(2) To make recommendations to the Secretary regarding 

the location of centers (to be known as ‘resource centers’) for 

the acceptance and development of claims for benefits under 

this subtitle. 

‘‘(3) To carry out such other duties with respect to this 

subtitle as the Secretary shall specify for purposes of this 

section. 

‘‘(d) INDEPENDENT OFFICE.—The Secretary shall take appropriate actions to ensure the independence of the Office within 

the Department of Labor, including independence from other officers 

and employees of the Department engaged in activities relating 

to the administration of the provisions of this subtitle. 

‘‘(e) ANNUAL REPORT.—(1) Not later than February 15 each 

year, the Ombudsman shall submit to Congress a report on activities under this subtitle. 

‘‘(2) Each report under paragraph (1) shall set forth the following: 

‘‘(A) The number and types of complaints, grievances, and 

requests for assistance received by the Ombudsman under this 

subtitle during the preceding year. 

‘‘(B) An assessment of the most common difficulties encountered by claimants and potential claimants under this subtitle 

during the preceding year. 

‘‘(3) The first report under paragraph (1) shall be the report 

submitted in 2006. 

‘‘(f) OUTREACH.—The Secretary of Labor and the Secretary of 

Health and Human Services shall each undertake outreach to advise 

the public of the existence and duties of the Office. 

‘‘(g) SUNSET.—Effective on the date that is 3 years after the 

date of the enactment of this section, this section shall have no 

further force or effect.’’. 

42 USC 

7385s–14. 

42 USC 

7385s–15. 

118 STAT. 2186 PUBLIC LAW 108–375—OCT. 28, 2004
 

SEC. 3162. CONFORMING AMENDMENTS. 

(a) OFFSET FOR CERTAIN PAYMENTS.—Section 3641 of the 

Energy Employees Occupational Illness Compensation Program Act 

of 2000 (42 U.S.C. 7385) is amended— 

(1) by striking ‘‘subtitle B’’ and inserting ‘‘this title’’; and 

(2) by striking ‘‘on account of’’ and all that follows through 

the period at the end and inserting ‘‘on account of the exposure 

for which compensation is payable under this title.’’. 

(b) SUBROGATION OF THE UNITED STATES.—Section 3642 of such 

Act (42 U.S.C. 7385a) is amended by striking ‘‘subtitle B’’ and 

inserting ‘‘this title’’. 

(c) PAYMENT IN FULL SETTLEMENT OF CLAIMS.—Section 3643 

of such Act (42 U.S.C. 7385b) is amended by striking ‘‘The acceptance’’ and inserting ‘‘Except as provided in subtitle E, the acceptance’’. 

(d) EXCLUSIVITY OF REMEDY.—Section 3644 of such Act (42 

U.S.C. 7385c(a)) is amended by adding at the end the following 

new subsection: 

‘‘(d) APPLICABILITY TO SUBTITLE E.—This section applies with 

respect to subtitle E to the covered medical condition or covered 

illness or death of a covered DOE contractor employee on the 

same basis as it applies with respect to subtitle B to the cancer 

(including a specified cancer), chronic silicosis, covered beryllium 

illness, or death of a covered employee.’’. 

(e) CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER 

LAWS.—Section 3646 of such Act (42 U.S.C. 7385e) is amended 

by striking ‘‘subtitle B’’ and inserting ‘‘this title’’. 

(f) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—Section 

3647(a) of such Act (42 U.S.C. 7385f(a)) is amended by striking 

‘‘subtitle B’’ and inserting ‘‘this title’’. 

(g) CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.— 

Section 3649 of such Act (42 U.S.C. 7385h) is amended by striking 

‘‘subtitle B’’ both places such term appears and inserting ‘‘this 

title’’. 

(h) FORFEITURE OF BENEFITS BY CONVICTED FELONS.—Section 

3650 of such Act (42 U.S.C. 7385i) is amended by striking ‘‘subtitle 

B’’ each place such term appears and inserting ‘‘this title’’. 

(i) REPEAL OF SUBTITLE D.—Subtitle D of the Energy Employees 

Occupational Illness Compensation Program Act of 2000 (title 

XXXVI of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 

398); 42 U.S.C. 7385o) is repealed. 

SEC. 3163. TECHNICAL AMENDMENTS. 

(a) SUBPOENAS.—Subtitle B of such Act is amended by adding 

after section 3631 (42 U.S.C. 7384v) the following new section: 

42 USC 7384w. ‘‘SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES. 

‘‘The Secretary of Labor, with respect to any matter under 

this subtitle, may— 

‘‘(1) issue subpoenas for and compel the attendance of witnesses; 

‘‘(2) administer oaths; 

‘‘(3) examine witnesses; and 

‘‘(4) require the production of books, papers, documents, 

and other evidence.’’. 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2187
 

(b) SOCIAL SECURITY EARNINGS INFORMATION.—Subtitle C of 

such Act is amended by adding after section 3651 (42 U.S.C. 7385j) 

the following new section: 

‘‘SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION. 

‘‘Notwithstanding the provision of section 552a of title 5, United 

States Code, or any other provision of Federal or State law, the 

Social Security Administration shall make available to the Secretary 

of Labor, upon written request, the Social Security earnings 

information of living or deceased employees who may have sustained 

an illness that is the subject of a claim under this title, which 

the Secretary of Labor may require to carry out the provisions 

of this title.’’. 

(c) RECOVERY OF OVERPAYMENT.—Subtitle C of such Act is 

further amended by adding after section 3652 (as added by subsection (b)) the following new section: 

‘‘SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS. 

‘‘(a) IN GENERAL.—When an overpayment has been made to 

an individual under this title because of an error of fact or law, 

recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual 

is entitled. If the individual dies before the recovery is completed, 

recovery shall be made by decreasing later benefits payable under 

this title with respect to the individual’s death. 

‘‘(b) WAIVER.—Recovery by the United States under this section 

may not be made when incorrect payment has been made to an 

individual who is without fault and when adjustment or recovery 

would defeat the purpose of this title or would be against equity 

and good conscience. 

‘‘(c) LIABILITY.—A certifying or disbursing official is not liable 

for an amount certified or paid by him when recovery of the amount 

is waived under subsection (b) of this section, or when recovery 

under subsection (a) of this section is not completed before the 

death of all individuals against whose benefits deductions are 

authorized.’’. 

SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005. 

Of the funds appropriated to the Secretary of Energy for fiscal 

year 2005 for the Energy Employees Occupational Illness Compensation Program, the Secretary of Energy shall transfer to the 

Secretary of Labor the amount of funds that the Secretary of 

Energy, in consultation with the Secretary of Labor, determine 

will be necessary for fiscal year 2005 to administer the provisions 

of subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000, as added by this Act. 

SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND FOR CERTAIN PAYMENTS TO COVERED 

URANIUM EMPLOYEES. 

(a) IN GENERAL.—Section 3630 of the Energy Employees 

Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 

7384u) is amended in subsection (d) by inserting after ‘‘The compensation provided under this section’’ the following: ‘‘and the compensation provided under section 5 of the Radiation Exposure Compensation Act’’. 

(b) CONFORMING AMENDMENT.—Section 6(c)(1) of the Radiation 

Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 

42 USC 7385j–1. 

42 USC 7385j–2. 

118 STAT. 2188 PUBLIC LAW 108–375—OCT. 28, 2004
 

inserting after ‘‘Fund’’ the following: ‘‘(or, in the case of a payment 

under section 5, from the Energy Employees Occupational Illness 

Compensation Fund, pursuant to section 3630(d) of the Energy 

Employees Occupational Illness Compensation Program Act of 

2000)’’. 

SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES 

OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT 

OF 2000. 

(a) ADVISORY BOARD.—Section 3624 of the Energy Employees 

Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 

7384o) is amended by adding at the end the following new subsections: 

‘‘(e) SECURITY CLEARANCES.—(1) The Secretary of Energy shall 

ensure that the members and staff of the Board, and the contractors 

performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which 

Deadline. such a clearance is appropriate. The Secretary should, not later 

than 180 days after receiving a completed application, make a 

determination whether or not the individual concerned is eligible 

for the clearance. 

‘‘(2) For fiscal year 2007 and each fiscal year thereafter, the 

Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy 

budget for that fiscal year (as submitted with the budget of the 

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

a report specifying the number of applications for security clearances under this subsection, the number of such applications 

granted, and the number of such applications denied. 

‘‘(f) INFORMATION.—The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the 

Board access to any information that the Board considers relevant 

to carry out its responsibilities under this title, including information such as Restricted Data (as defined in section 11 y. of the 

Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information 

covered by the Privacy Act.’’. 

(b) DEADLINES FOR SPECIAL EXPOSURE COHORT ACTIONS.—(1) 

Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q) is amended— 

(A) by redesignating subsection (c) as subsection (d); and 

(B) by inserting after subsection (b) the following new 

subsection: 

‘‘(c) DEADLINES.—(1) Not later than 180 days after the date 

on which the President receives a petition for designation as members of the Special Exposure Cohort, the Director of the National 

Institute for Occupational Safety and Health shall submit to the 

Advisory Board on Radiation and Worker Health a recommendation 

on that petition, including all supporting documentation. 

‘‘(2)(A) Upon receipt by the President of a recommendation 

of the Advisory Board on Radiation and Worker Health that the 

President should determine in the affirmative that paragraphs (1) 

and (2) of subsection (b) apply to a class, the President shall 

have a period of 30 days in which to determine whether such 

paragraphs apply to the class and to submit that determination 

(whether affirmative or negative) to Congress. 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2189
 

‘‘(B) If the determination submitted by the President under 

subparagraph (A) is in the affirmative, the President shall also 

submit a report meeting the requirements of section 3621(14)(C)(ii). 

‘‘(C) If the President does not submit a determination required 

by subparagraph (A) within the period required by subparagraph 

(A), then upon the day following the expiration of that period, 

it shall be deemed for purposes of section 3621(14)(C)(ii) that the 

President submitted the report under that provision on that day.’’. 

(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 7384l(14)(C)(ii)) 

is amended by striking ‘‘180 days’’ and inserting ‘‘30 days’’. 

(c) SITE PROFILES.—Subtitle B of that Act is amended by adding 

after section 3632 (as added by section 3163(a)) the following new 

section: 

‘‘SEC. 3633. COMPLETION OF SITE PROFILES. 42 USC 7384w–1. 

‘‘(a) IN GENERAL.—To the extent that the Secretary of Labor 

determines it useful and practicable, the Secretary of Labor shall 

direct the Director of the National Institute for Occupational Safety 

and Health to prepare site profiles for a Department of Energy 

facility based on the records, files, and other data provided by 

the Secretary of Energy and such other information as is available, 

including information available from the former worker medical 

screening programs of the Department of Energy. 

‘‘(b) INFORMATION.—The Secretary of Energy shall furnish to 

the Secretary of Labor any information that the Secretary of Labor 

finds necessary or useful for the production of such site profiles, 

including records from the Department of Energy former worker 

medical screening program. 

‘‘(c) DEFINITION.—In this section, the term ‘site profile’ means 

an exposure assessment of a facility that identifies the toxic substances or processes that were commonly used in each building 

or process of the facility, and the time frame during which the 

potential for exposure to toxic substances existed. 

‘‘(d) TIME FRAMES.—The Secretary of Health and Human Services shall establish time frames for completing site profiles for 

those Department of Energy facilities for which a site profile has 

not been completed. Not later than March 1, 2005, the Secretary Deadline. 

of Health and Human Services shall submit to Congress a report Reports. 

setting forth those time frames.’’. 

SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND 

REPORT. 

(a) MEETING OF ADVISORY BOARD.—(1) For purposes of carrying 

out section 3626 of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (42 U.S.C. 7384q), the President 

shall require the Advisory Board on Radiation and Worker Health 

to convene a meeting of the Board at which the Board considers 

each petition for designation as members of the Special Exposure 

Cohort— 

(A) that was filed not later than October 1, 2004; and Deadline. 

(B) the evaluation of which (by the Director of the National
 

Institute of Occupational Safety and Health) was completed
 

more than 10 days before a previously scheduled meeting of
 

the Board.
 

(2) Effective March 1, 2005, this subsection shall have no fur- Effective date. 

ther force or effect. 

(b) REPORT TO CONGRESS.—Not later than March 15, 2005, 

the President shall submit to Congress a report on the status 

118 STAT. 2190 PUBLIC LAW 108–375—OCT. 28, 2004
 

of the petitions referred to in subsection (a). The report shall 

include, for each petition, the estimated time to complete the consideration of that petition and any anticipated actions or circumstances 

that could preclude the Board from acting upon that petition before 

the end of fiscal year 2005. 

SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC 

WEAPONS EMPLOYER FACILITIES DURING PERIODS OF 

RESIDUAL CONTAMINATION. 

(a) COVERAGE.—Paragraph (3) of section 3621 of the Energy 

Employees Occupational Illness Compensation Program Act of 2000 

(title XXXVI of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 

398); 42 U.S.C. 7384l) is amended to read as follows: 

‘‘(3) The term ‘atomic weapons employee’ means any of 

the following: 

‘‘(A) An individual employed by an atomic weapons 

employer during a period when the employer was processing or producing, for the use by the United States, 

material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and 

milling. 

‘‘(B) An individual employed— 

‘‘(i) at a facility with respect to which the National 

Institute for Occupational Safety and Health, in its 

report dated October 2003 and titled ‘Report on 

Residual Radioactive and Beryllium Contamination at 

Atomic Weapons Employer Facilities and Beryllium 

Vendor Facilities’, or any update to that report, found 

that there is a potential for significant residual 

contamination outside of the period in which weaponsrelated production occurred; 

‘‘(ii) by an atomic weapons employer or subsequent 

owner or operators of a facility described in clause 

(i); and 

‘‘(iii) during a period, as specified in such report 

or any update to such report, of potential for significant 

residual radioactive contamination at such facility.’’. 

(b) RADIATION DOSE FOR CERTAIN ATOMIC WEAPONS 

EMPLOYEES.—Section 3623 of that Act (42 U.S.C. 7384n) is amended 

by adding at the end of subsection (c) the following new paragraph: 

‘‘(4) In the case of an atomic weapons employee described 

in section 3621(3)(B), the following doses of radiation shall be 

treated, for purposes of paragraph (3)(A) of this subsection, as 

part of the radiation dose received by the employee at such facility: 

‘‘(A) Any dose of ionizing radiation received by that 

employee from facilities, materials, devices, or byproducts used 

or generated in the research, development, production, dismantlement, transportation, or testing of nuclear weapons, or 

from any activities to research, produce, process, store, remediate, or dispose of radioactive materials by or on behalf of 

the Department of Energy (except for activities covered by 

Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 

7158 note) pertaining to the Naval Nuclear Propulsion Program). 

‘‘(B) Any dose of ionizing radiation received by that 

employee from a source not covered by subparagraph (A) that 

PUBLIC LAW 108–375—OCT. 28, 2004 118 STAT. 2191
 

is not distinguishable through reliable documentation from a 

dose covered by subparagraph (A).’’. 

SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF 

FACILITIES. 

(a) UPDATE OF REPORT.—Not later than December 31, 2006, 

the Director of the National Institute for Occupational Safety and 

Health shall submit to Congress an update to the report required 

by section 3151(b) of the National Defense Authorization Act for 

Fiscal Year 2002 (Public Law 107–107; 42 U.S.C. 7384 note). 

(b) ELEMENTS.—The update shall— 

(1) for each facility for which such report found that insufficient information was available to determine whether significant residual contamination was present, determine whether 

significant residual contamination was present; 

(2) for each facility for which such report found that significant residual contamination remained present as of the date 

of the report, determine the date on which such contamination 

ceased to be present; 

(3) for each facility for which such report found that significant residual contamination was present but for which the 

Director has been unable to determine the extent to which 

such contamination is attributable to atomic weapons-related 

activities, identify the specific dates of coverage attributable 

to such activities and, in so identifying, presume that such 

contamination is attributable to such activities until there is 

evidence of decontamination of residual contamination identified with atomic weapons-related activities; 

(4) for each facility for which such report found significant 

residual contamination, determine whether it is at least as 

likely as not that such contamination could have caused an 

employee who was employed at such facility only during the 

residual contamination period to contract a cancer or beryllium 

illness compensable under subtitle B of the Energy Employees 

Occupational Illness Compensation Program Act of 2000; and 

(5) if new information that pertains to the report has 

been made available to the Director since that report was 

submitted, identify and describe such information. 

(c) PUBLICATION.—The Director shall ensure that the report 

referred to in subsection (a) is published in the Federal Register 

not later than 15 days after being released. 

SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY 

EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM IN WESTERN NEW 

YORK AND WESTERN PENNSYLVANIA REGION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) New York has 36 current or former Department of 

Energy facilities involved in nuclear weapons production-related 

activities statewide, mostly atomic weapons employer facilities, 

and 14 such facilities in western New York. Despite having 

one of the greatest concentrations of such facilities in the United 

States, western New York, and abutting areas of Pennsylvania, 

continue to be severely underserved by the Energy Employees 

Occupational Illness Compensation Program under the Energy 

Employees Occupational Illness Compensation Program Act of 

2000 (title XXXVI of the Floyd D. Spence National Defense 

42 USC 7384 

note. 

Federal Register, 

publication. 

118 STAT. 2192 PUBLIC LAW 108–375—OCT. 28, 2004
 

Authorization Act for Fiscal Year 2001 (as enacted into law 

by Public Law 106–398); 42 U.S.C. 7384 et seq.). 

(2) The establishment of a permanent resource center in 

western New York would represent a substantial step toward 

improving services under the Energy Employees Occupational 

Illness Compensation Program for energy employees in this 

region. 

(3) The number of claims submitted to the Department 

under subtitle B of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 from the western New 

York region, including western Pennsylvania, exceeds the 

number of such claims filed at resource centers in Hanford, 

Washington, Portsmouth, Ohio, Los Alamos, New Mexico, the 

Nevada Test Site, Nevada, the Rocky Flats Environmental 

Technology Site, Colorado, the Idaho National Engineering Laboratory, Idaho, and the Amchitka Test Site, Alaska. 

(4) Energy employees in the western New York region, 

including western Pennsylvania, deserve assistance under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 commensurate with the assistance provided energy employees at other locations in the United 

States. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Labor should— 

(1) review the availability of assistance under subtitle B 

of the Energy Employees Occupational Illness Compensation 

Program Act of 2000 for energy employees in the western 

New York region, including western Pennsylvania; and 

(2) recommend a location in that region for a resource 

center to provide such assistance to such energy employees. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2005, $21,268,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIII—NATIONAL DEFENSE 

STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds.
 

Sec. 3302. Revision of earlier authority to dispose of certain materials in National
 

Defense Stockpile. 

Sec. 3303. Disposal of ferromanganese. 

Sec. 3304. Prohibition on storage of mercury at certain facilities. 

SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2005, 

the National Defense Stockpile Manager may obligate up to