‘‘(20) The term ‘covered employee with chronic 
renal disease’ means an individual determined to 
have sustained chronic renal disease in the perform-
ance of duty in accordance with section 3623(f).’’. 
(b) EXPOSURE IN THE PERFORMANCE OF DUTY.—
Section 3623 of such Act (42 U.S.C. 7384n) is amended 
by adding at the end the following new subsection: 
‘‘(f) CHRONIC RENAL DISEASE.—(1) An individual 
with chronic renal disease shall, in the absence of substan-
tial evidence to the contrary, be determined to have sus-
tained chronic renal disease in the performance of duty 
for purposes of the compensation program if the indi-
vidual—
‘‘(A) was employed in a Department of Energy 
facility (in the case of a Department of Energy em-
ployee or a Department of Energy contractor em-
ployee) or an atomic weapons employer facility (in 
the case of an atomic weapons employee) that con-
ducted uranium processing, converting, refining, en-
riching, extruding, calcining, machining, or rolling, 
or that operated as a uranium foundry; 
‘‘(B) carried out job functions while so em-
ployed that resulted in the potential for exposure, in-
halation, or uptake of uranium or uranium com-
pounds for at least 250 days; and
‘‘(C) submits medical evidence that the indi-
vidual, after commencing the employment specified 
in subparagraph (A), contracted chronic renal dis-
ease. 
‘‘(2) Not later than 60 days after the date of the en-
actment of the Reform of Energy Workers Compensation 
Act, the Secretary of Energy shall designate a list of De-
partment of Energy facilities and atomic weapons em-
ployer facilities that were engaged in uranium processing, 
converting, refining, enriching, extruding, calcining, ma-
chining, or rolling, including the dates such activities were 
performed. The list of facilities shall not include facilities 
for which uranium millers and transporters are already 
covered under the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note). 
‘‘(3) Not later than 90 days after the date of the en-
actment of the Reform of Energy Workers Compensation 
Act, the Secretary of Labor, in consultation with the Sec-
retary of Health and Human Services, shall establish, by 
regulation, procedures to be followed and medical evidence 
to be submitted by claimants for chronic renal disease 
claims.’’. 
(c) OFFSET
FOR
CERTAIN
PAYMENTS.—Section 
3641 of such Act (42 U.S.C. 7385) is amended—
(1) by striking ‘‘or covered uranium employee 
(as defined in section 3630),’’ and inserting ‘‘cov-
ered uranium employee (as defined in section 3630), 
or covered employee with chronic renal disease,’’; 
and 
(2) by striking ‘‘or radiation,’’ and inserting 
‘‘radiation, or uranium,’’. 
(d) CONFORMING AMENDMENTS.—The following pro-
visions of such Act are amended by inserting ‘‘chronic 
renal disease,’’ after ‘‘chronic silicosis,’’ each place such 
term appears: 
(1) Subsections (a)(1) and (b)(2)(C) of section 
3631 (42 U.S.C. 7384v). 
(2) Section 3644(a) (42 U.S.C. 7385c(a))—
(A) in the matter preceding paragraph (1); 
(B) in paragraph (2)(C); and 
(C) in the matter following paragraph 
(2)(C). 
SEC. 202. COVERAGE FOR LUNG CANCER IN COVERED BE-
RYLLIUM EMPLOYEES. 
Section 3621(8) of the Energy Employees Occupa-
tional Illness Compensation Program Act of 2000 (42 
U.S.C. 7384l(8)) is amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (D) and, in that subparagraph, by strik-
ing ‘‘or (B)’’ and inserting ‘‘(B), or (C)’’; and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Lung cancer, if such cancer occurs 
within 5 years after the date on which the em-
ployee is determined to have been first exposed 
to beryllium in the performance of duty in ac-
cordance with section 3623(a).’’. 
SEC. 203. CLARIFICATION OF SPECIAL EXPOSURE COHORT 
EXPANSION PROCEDURE. 
(a) AUTOMATIC DESIGNATION BY LAPSE OF TIME.—
Section 3626 of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7384q) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) AUTOMATIC
DESIGNATION
BY
LAPSE
OF 
TIME.—Notwithstanding subsection (b), if a class of em-
ployees described in subsection (a)(1) petitions to be treat-
ed as members of the Special Exposure Cohort under sub-
section (a)(3), the members of that class shall, as of the
expiration of the 180-day period beginning with the date 
on which the petition was received, be deemed to be mem-
bers of the Special Exposure Cohort for purposes of the 
compensation program, unless before the expiration of 
that period the petition is denied.’’. 
(b) INDIVIDUAL
PRESUMPTION
BY
LAPSE
OF 
TIME.—Section 3623 of that Act (42 U.S.C. 7384n) is 
amended by adding at the end of subsection (d) the fol-
lowing new paragraph: 
‘‘(3) DEADLINE
FOR
COMPLETING
DOSE
RECON-
STRUCTION ESTIMATES.—An estimate referred to in para-
graph (1) shall be completed by the Secretary of Health 
and Human Services within 150 days after the date on 
which the Department of Labor submits to the Secretary 
of Health and Human Services the claim for which the 
estimate is required. If such estimate cannot be completed 
before the expiration of such period, it shall be deemed, 
for purposes of section 3626(b)(1), that it is not feasible 
to estimate with sufficient accuracy the radiation dose re-
ceived by the individual to which the claim relates.’’.
SEC. 
204. 
CORRECTING 
PROBLEMS 
IN 
THE 
RADIOEPIDEMIOLOGIC MODEL FOR DETER-
MINING COMPENSATION. 
Subsection (c)(3) of section 3623 of the Energy Em-
ployees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7384n) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C)—
(A) by striking ‘‘past health-related activi-
ties (such as smoking),’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) provide the benefit of the doubt to 
the claimant wherever there is reasonable sci-
entific evidence to justify compensation, includ-
ing such factors as dose rate effectiveness of 
low dose radiation, bias due to selection effects, 
and increasing risks from radiation with in-
creasing age at exposure.’’. 
SEC. 205. ADDITIONAL SPECIFIED CANCERS. 
(a) REPORT.—The National Institute for Occupa-
tional Safety and Health shall prepare a report that iden-
tifies each type of cancer (other than specified cancers,
as already defined in section 3621(17) of the Energy Em-
ployees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7384l(17))) that the Institute has de-
termined from epidemiology studies of workers or atomic 
bomb survivors to be radiosensitive and, for each cancer 
so identified, provides a basis for that determination. Not 
later than 90 days after the date of the enactment of this 
Act, the Institute shall submit the report to Congress, the 
Secretary of Labor, and the Advisory Board on Radiation 
and Worker Health, and shall publish the report in the 
Federal Register, for public review and comment. 
(b) FINAL REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Institute shall 
submit to Congress, the Secretary of Labor, the Secretary 
of Health and Human Services, and the Advisory Board 
on Radiation and Worker Health a final report, taking 
into account comments received in response to the report 
under subsection (a), that identifies each type of cancer 
that is appropriate to be deemed an additional specified 
cancer for purposes of the Energy Employees Occupa-
tional Illness Compensation Program Act of 2000.
SEC. 206. COVERAGE FOR INDIVIDUALS EMPLOYED BY 
ATOMIC WEAPONS EMPLOYERS OR BERYL-
LIUM EMPLOYEES DURING PERIOD OF RE-
SIDUAL CONTAMINATION. 
Paragraphs (3) and (7)(C) of section 3621 of the En-
ergy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (42 U.S.C. 7384l) are each amended 
by inserting before the period at the end the following: 
‘‘, or during a period when, as specified by the National 
Institute for Occupational Safety and Health in the re-
ports required by section 3151(b)(2)(A)(ii) of the National 
Defense Authorization Act for Fiscal Year 2002 (42 
U.S.C. 7384 note) or any subsequent report, significant 
contamination remained in a facility of the employer after 
such facility discontinued activities relating to the produc-
tion of nuclear weapons and such contamination could 
have caused or substantially contributed to the cancer of 
a covered employee with cancer or a covered beryllium ill-
ness, as the case may be’’. 
SEC. 207. TECHNICAL CORRECTIONS. 
(a) FINDINGS.—Section 3602(a)(6) of the Energy 
Employees Occupational Illness Compensation Program 
Act of 2000 is amended by striking the second sentence 
and inserting the following: ‘‘Furthermore, studies indi-
cate that 98 percent of radiation-induced cancers within 
the Department of Energy nuclear weapons complex occur
at dose levels below the existing thresholds for establishing 
proof of causation. Those studies further indicate that 
workers at Department of Energy sites were exposed to 
levels of silica, heavy metals, and toxic substances that will 
lead, contribute to, or aggravate illnesses or diseases.’’. 
(b) PAYMENTS IN THE CASE OF DECEASED PER-
SONS.—Section 3628(e)(3)(A) (42 U.S.C. 7384s(e)(3)(A)) 
of such Act is amended by inserting before the semicolon 
the following: ‘‘, or a wife or husband of that individual 
who was married to that individual immediately before the 
death of that individual and filed, on or before December 
28, 2001, a claim in that capacity under this subtitle’’. 
TITLE III—ADMINISTRATIVE AS-
SISTANCE 
FOR 
CLAIMANTS 
UNDER EITHER SUBTITLE OF 
ACT 
SEC. 301. PROVIDING ADMINISTRATIVE RELIEF IN CASES 
WHERE MEDICAL RECORDS ARE NOT AVAIL-
ABLE. 
Subtitle C of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 7385 
et seq.) is amended by adding at the end the following 
new section:
‘‘SEC. 3652. PROOF WHEN MEDICAL RECORDS NOT AVAIL-
ABLE. 
‘‘For any claim under any subtitle of this title, if the 
Department of Energy, a contractor of the Department 
of Energy (including a DOE contractor, as defined in sec-
tion 3661), an atomic energy weapons employer, or a be-
ryllium vendor is unable to locate medical records nec-
essary for the processing of that claim that it possessed 
or was required to possess within 120 days after receiving 
a written request from the claimant to locate such records, 
an affidavit of the employee as to the contents of those 
records, together with any medical records possessed by 
the claimant or otherwise made available, shall be consid-
ered in determining the medical evidence relating to the 
claim.’’. 
SEC. 302. RESOURCE CENTERS AND OUTREACH PROGRAMS. 
Subtitle C of such Act is further amended by adding 
after section 3652 (as added by section 301) the following 
new section: 
‘‘SEC. 3653. RESOURCE CENTERS AND OUTREACH PRO-
GRAMS. 
‘‘(a) REQUIREMENT.—The Secretary of Labor and 
the Secretary of Energy shall maintain resource centers 
and outreach programs relating to the availability of bene-
fits under any subtitle of this title. Such centers shall be
staffed and maintained proportional to the demand for as-
sistance and follow-up. 
‘‘(b) UNDERSERVED AREAS.—The resource centers 
required by subsection (a) shall include one or more re-
source centers in each underserved area near a Depart-
ment of Energy facility. 
‘‘(c) DURATION.—(1) Except as provided in para-
graph (2), such centers and programs shall be maintained 
through September 30, 2004. 
‘‘(2) In the case of a resource center in an under-
served area referred to in subsection (b), such center shall 
be maintained until demand is exhausted.’’. 
SEC. 303. OFFICE OF THE OMBUDSMAN. 
(a) IN GENERAL.—Subtitle C of such Act is further 
amended by adding after section 3653 (as added by sec-
tion 302) the following new section: 
‘‘SEC. 3654. OFFICE OF THE OMBUDSMAN. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Office of the Secretary of Labor an office, to be known 
as the Office of the Ombudsman for Occupational Illness 
Compensation, to assist claimants under this title. 
‘‘(b) OMBUDSMAN.—
‘‘(1) APPOINTMENT.—At the head of the Office 
shall be an Ombudsman. The Ombudsman shall be 
appointed by the Secretary of Labor, after consulta-