I

107TH CONGRESS

1ST SESSION H. R. 1534

To designate the Federal agencies responsible for implementing the Energy

Employees Occupational Illness Compensation Program Act of 2000.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mr. WHITFIELD (for himself, Mr. STRICKLAND, Mr. UDALL of Colorado, Mr.

BROWN of Ohio, Ms. BERKLEY, Mr. GIBBONS, Mr. WAMP, Mr. CONYERS,

Mr. DUNCAN, and Mr. HILLEARY) introduced the following bill; which

was referred to the Committee on the Judiciary, and in addition to the

Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To designate the Federal agencies responsible for implementing the Energy Employees Occupational Illness

Compensation Program Act of 2000.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; FINDINGS.

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

5 ‘‘Energy Employees Occupational Illness Compensation

6 Program Designation of Responsibilities Act’’.

7 (b) FINDINGS.—
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1 (1) Since World War II, hundreds of thousands

2 of men and women have served the Nation in build3 ing its nuclear defense. In the course of their work,

4 they overcame previously unimagined scientific and

5 technical challenges. However, thousands of these

6 courageous Americans paid a high price for their

7 service, developing disabling or fatal illnesses as a

8 result of exposure to silica, beryllium, ionizing radi9 ation, and other hazards unique to nuclear weapons

10 production and testing.

11 (2) Too often, these workers were neither ade12 quately protected from, nor informed of, the occupa13 tional hazards to which they were exposed.

14 (3) Over the past 20 years more than 2 dozen

15 scientific findings have emerged that indicate that

16 Department of Energy workers are experiencing in17 creased risks of dying from cancer and nonmalig18 nant diseases at numerous facilities that provided

19 for the Nation’s nuclear deterrent. Several of these

20 studies also establish a correlation between excess

21 diseases and exposure to silica, radiation, and beryl22 lium.

23 (4) Federal workers’ compensation programs

24 have generally not included these workers. Further,

25 because of long latency periods, the uniqueness of
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1 the hazards to which they were exposed, and inad2 equate exposure data, many of these individuals

3 have been unable to obtain State workers’ compensa4 tion benefits. This problem has been exacerbated by

5 the past policy of the Department of Energy and its

6 predecessors of encouraging and assisting its con7 tractors in opposing the claims of workers who

8 sought those benefits.

9 (5) The civilian men and women who performed

10 duties uniquely related to the Department of Ener11 gy’s nuclear weapons production program over the

12 last 50 years should have efficient, uniform, and

13 adequate compensation for beryllium-related health

14 conditions, radiation-related health conditions, and

15 silica-related health conditions in order to assure

16 fairness and equity.

17 (6) The Federal Government should provide

18 necessary information and otherwise help employees

19 of the Department of Energy or its contractors to

20 determine if their illnesses are associated with condi21 tions of their nuclear weapons-related work. It

22 should provide workers and their survivors with all

23 pertinent and available information necessary for

24 evaluating and processing claims. It should also en-
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1 sure that this program minimizes the administrative

2 responsibilities to accomplish these goals.

3 (7) This situation is sufficiently unique to the

4 Department of Energy’s nuclear weapons production

5 program that it is appropriate for congressional ac6 tion.

7 SEC. 2. ALLOCATION OF RESPONSIBILITIES FOR ADMIN8 ISTERING PROGRAM.

9 (a) SECRETARY OF LABOR.—The Secretary of Labor

10 shall have primary responsibility for administering the En11 ergy Employees Occupational Illness Compensation Pro12 gram (hereinafter in this Act referred to as the ‘‘Pro13 gram’’) established under section 3611 of the Energy Em14 ployees Occupational Illness Compensation Program Act

15 of 2000 (as enacted by Public Law 106–398; 114 Stat.

16 1654A–497) (hereinafter in this Act referred to as the

17 ‘‘2000 Act’’). Specifically, the Secretary shall immediately

18 and forthwith carry out the following with respect to the

19 Program:

20 (1) Administer and decide all questions arising

21 under the 2000 Act not assigned to other agencies

22 by that Act or this Act, including determining the

23 eligibility of individuals with covered occupational ill24 nesses and their survivors and adjudicating claims

25 for compensation and benefits.
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1 (2) Not later than May 31, 2001, promulgate

2 regulations for the administration of the Program,

3 except for functions assigned to other agencies pur4 suant to the 2000 Act or this Act.

5 (3) Not later than July 31, 2001, ensure the

6 availability, in paper and electronic format, of forms

7 necessary for making claims under the Program.

8 (4) Develop informational materials, in coordi9 nation with the Secretary of Energy and the Sec10 retary of Health and Human Services, to help poten11 tial claimants understand the Program and the ap12 plication process, and provide these materials to in13 dividuals upon request and to the Secretary of En14 ergy and the Attorney General for dissemination to

15 potentially eligible individuals.

16 (b) SECRETARY OF HEALTH AND HUMAN SERV17 ICES.—The Secretary of Health and Human Services shall

18 carry out the following with respect to the Program:

19 (1) Not later than May 31, 2001, promulgate

20 regulations establishing—

21 (A) guidelines, pursuant to section 3623(c)

22 of the 2000 Act, to assess the likelihood that an

23 individual with cancer sustained the cancer in

24 the performance of duty at a Department of
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1 Energy facility or an atomic weapons employer

2 facility, as defined by that Act; and

3 (B) methods, pursuant to section 3623(d)

4 of the 2000 Act, for arriving at and providing

5 reasonable estimates of the radiation doses re6 ceived by individuals applying for assistance

7 under the Program for whom there are inad8 equate records of radiation exposure.

9 (2) In accordance with procedures developed by

10 the Secretary of Health and Human Services, con11 sider and issue determinations on petitions by class12 es of employees to be treated as members of the

13 Special Exposure Cohort.

14 (3) With the assistance of the Secretary of En15 ergy, apply the methods promulgated under sub16 section (b)(1)(B) to estimate the radiation doses re17 ceived by individuals applying for assistance.

18 (4) Upon request from the Secretary of Energy,

19 appoint members for a physician panel or panels to

20 consider individual workers’ compensation claims as

21 part of the Worker Assistance Program under the

22 process established pursuant to subsection (c)(5).

23 (5) Provide the Advisory Board established

24 under section 3 with administrative services, funds,

25 facilities, staff, and other necessary support services
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1 and perform the administrative functions of the

2 President under the Federal Advisory Committee

3 Act, as amended (5 U.S.C. App.), with respect to

4 the Advisory Board.

5 (c) SECRETARY OF ENERGY.—The Secretary of En6 ergy shall carry out the following with respect to the Pro7 gram:

8 (1) Provide the Secretary of Health and

9 Human Services and the Advisory Board on Radi10 ation and Worker Health access, in accordance with

11 law, to all relevant information pertaining to worker

12 exposures, including access to restricted data, and

13 any other technical assistance needed to carry out

14 their responsibilities under subsection (b)(2) and

15 section 3(b), respectively.

16 (2) Upon request from the Secretary of Health

17 and Human Services or the Secretary of Labor, and

18 as permitted by law, require a Department of En19 ergy contractor, subcontractor, or designated beryl20 lium vendor, pursuant to section 3631(c) of the

21 2000 Act, to provide information relevant to a claim

22 under the Program.

23 (3) Identify and notify potentially eligible indi24 viduals of the availability of compensation under the

25 Program.
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1 (4) Designate, pursuant to sections 3621(4)(B)

2 and 3622 of the 2000 Act, atomic weapons employ3 ers and additions to the list of designated beryllium

4 vendors.

5 (5) Pursuant to Subtitle D of the 2000 Act, ne6 gotiate agreements with the chief executive officer of

7 each State in which there is a Department of En8 ergy facility, and other States as appropriate, to pro9 vide assistance to a Department of Energy con10 tractor employee on filing a State workers’ com11 pensation system claim, and establish a Worker As12 sistance Program to help individuals whose illness is

13 related to employment in the Department of Ener14 gy’s nuclear weapons complex, or the individual’s

15 survivor if the individual is deceased, in applying for

16 State workers’ compensation benefits. This assist17 ance shall include—

18 (A) submittal of reasonable claims to a

19 physician panel, appointed by the Secretary of

20 Health and Human Services and administered

21 by the Secretary of Energy, under procedures

22 established by the Secretary of Energy, for de23 termination of whether the individual’s illness

24 or death arose out of and in the course of em25 ployment by the Department of Energy or its
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1 contractors and exposure to a toxic substance

2 at a Department of Energy facility; and

3 (B) for cases determined by the physician

4 panel and the Secretary of Energy under sec5 tion 3661(d) and (e) of the 2000 Act to have

6 arisen out of and in the course of employment

7 by the Department of Energy or its contractors

8 and exposure to a toxic substance at a Depart9 ment of Energy facility, providing assistance to

10 the individual in filing for workers’ compensa11 tion benefits. The Secretary shall not contest

12 these claims and, to the extent permitted by

13 law, shall direct a Department of Energy con14 tractor who employed the applicant not to con15 test the claims.

16 (6) Report on the Worker Assistance Program

17 by making publicly available on at least an annual

18 basis claims-related data, including the number of

19 claims filed, the number of illnesses found to be re20 lated to work at a Department of Energy facility,

21 job location and description, and number of success22 ful State workers’ compensation claims awarded.

23 (d) ATTORNEY GENERAL.—The Attorney General

24 shall carry out the following with respect to the Program:
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1 (1) Develop procedures to notify, to the extent

2 possible, each claimant (or the survivor of that

3 claimant if deceased) whose claim for compensation

4 under section 5 of the Radiation Exposure Com5 pensation Act has been or is approved by the De6 partment of Justice, of the availability of supple7 mental compensation and benefits under the Pro8 gram.

9 (2) Identify and notify eligible covered uranium

10 employees or their survivors of the availability of

11 supplemental compensation under the Program.

12 (3) Upon request by the Secretary of Labor,

13 provide information needed to adjudicate the claim

14 of a covered uranium employee under the Program.

15 SEC. 3. ESTABLISHMENT OF ADVISORY BOARD ON RADI16 ATION AND WORKER HEALTH.

17 (a) ESTABLISHMENT.—Pursuant to Public Law 106–

18 398, there is hereby established an Advisory Board on Ra19 diation and Worker Health. The Advisory Board shall con20 sist of not more than 20 members to be appointed by the

21 President. Members shall include affected workers and

22 their representatives, and representatives from scientific

23 and medical communities. The President shall designate

24 a Chair for the Board among its members.

25 (b) DUTIES.—The Advisory Board shall—
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1 (1) advise the Secretary of Health and Human

2 Services on the development of guidelines under sec3 tion 2(b)(1)(A);

4 (2) advise the Secretary of Health and Human

5 Services on the scientific validity and quality of dose

6 reconstruction efforts performed for the Program;

7 and

8 (3) upon request by the Secretary of Health

9 and Human Services, advise the Secretary on wheth10 er there are individuals or classes of employees at

11 any Department of Energy facility who were exposed

12 to radiation but for whom it is not feasible to esti13 mate their radiation dose with sufficient accuracy,

14 and on whether such radiation dose may have en15 dangered the health of members of the class.

16 SEC. 4. REPORTING REQUIREMENTS.

17 The Secretaries of Labor, Health and Human Serv18 ices, and Energy shall, as part of their annual budget sub19 missions, report to the Office of Management and Budget

20 on their activities under the Program, including total ex21 penditures related to benefits and program administra22 tion. Each such report shall include, among other things,

23 a description of the administrative structure established

24 within their agencies to implement the 2000 Act. In addi25 tion, the Secretary of Labor shall annually report on the
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1 total number and types of claims for which compensation

2 was considered and other data pertinent to evaluating the

3 Federal Government’s performance in fulfilling the re4 quirements of the 2000 Act.

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