H. R. 4200—374
‘‘(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 deter-
minations concerning any cases pending before such Panels imme-
diately 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 pursu-
ant to this subtitle.
‘‘SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE
WORKERS COMPENSATION.
‘‘(a) IN GENERAL.—An individual who has been awarded com-
pensation 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 compensa-
tion 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 sub-
section (a) if the Secretary determines that the administrative costs
and burdens of implementing subsection (a) with respect to a par-
ticular 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.
‘‘SEC. 3683. MAXIMUM AGGREGATE COMPENSATION.
‘‘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 sub-
title, to all persons, in the aggregate, on the basis of that illness
or death shall not exceed $250,000.
‘‘SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS.
‘‘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.
H. R. 4200—375
‘‘SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COM-
PENSATION 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 fol-
lowing:
‘‘(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 appro-
priate 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 activi-
ties under this subtitle.
‘‘(2) Each report under paragraph (1) shall set forth the fol-
lowing:
‘‘(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 encoun-
tered 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.’’.
H. R. 4200—376
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 accept-
ance’’ and inserting ‘‘Except as provided in subtitle E, the accept-
ance’’.
(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:
‘‘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 wit-
nesses;
‘‘(2) administer oaths;
‘‘(3) examine witnesses; and
‘‘(4) require the production of books, papers, documents,
and other evidence.’’.
H. R. 4200—377
(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 sub-
section (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 Sec-
retary 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 Com-
pensation 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 Com-
pensation Program Act of 2000, as added by this Act.
SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COM-
PENSATION 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 com-
pensation provided under this section’’ the following: ‘‘and the com-
pensation provided under section 5 of the Radiation Exposure Com-
pensation Act’’.
(b) CONFORMING AMENDMENT.—Section 6(c)(1) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by