I 
108TH CONGRESS 
1ST SESSION H. R. 1758
To amend the Energy Employees Occupational Illness Compensation Program 
Act of 2000 to improve the program of benefits for contractor employees 
of the Department of Energy who were exposed to toxic substances 
at Department of Energy facilities, to provide coverage under subtitle 
B of that Act for certain additional individuals and illnesses, to establish 
an ombudsman, to make technical corrections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2003
Mr. STRICKLAND (for himself, Mr. WHITFIELD, Mr. HOLDEN, Mr. KAN-
JORSKI, Ms. SLAUGHTER, Mr. GIBBONS, Mr. BROWN of Ohio, Mrs. 
TAUSCHER, Ms. DEGETTE, Mr. UDALL of Colorado, Mr. COOPER, Mr. 
BEAUPREZ, Mr. MCGOVERN, Mr. MURTHA, Mr. INSLEE, Mr. DAVIS of 
Tennessee, Mr. FROST, Ms. BERKLEY, and Mr. UDALL of New Mexico) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Education and the Work-
force, 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 amend the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 to improve the program 
of benefits for contractor employees of the Department 
of Energy who were exposed to toxic substances at De-
partment of Energy facilities, to provide coverage under 
subtitle B of that Act for certain additional individuals 
and illnesses, to establish an ombudsman, to make tech-
nical corrections, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Reform of Energy Workers Compensation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; purpose. 
TITLE I—AUTHORIZATION OF A THIRD-PARTY PAYOR FOR DOE 
CONTRACTOR EMPLOYEES EXPOSED TO TOXIC SUBSTANCES 
Sec. 101. Benefits. 
Sec. 102. GAO report. 
TITLE II—AMENDMENTS RELATING TO SUBTITLE B OF 
PROGRAM 
Sec. 201. Coverage for chronic renal disease. 
Sec. 202. Coverage for lung cancer in covered beryllium employees. 
Sec. 203. Time limits. 
Sec. 204. Correcting problems in the radioepidemiologic model for determining 
compensation. 
Sec. 205. Additional specified cancers. 
Sec. 206. Coverage for individuals employed by atomic weapons employers or 
beryllium employees during period of residual contamination. 
Sec. 207. Coordination with Radiation Exposure Compensation Act. 
Sec. 208. Extension of coverage to certain workers. 
Sec. 209. Report by National Institute for Occupational Safety and Health on 
institute’s access to information relating to performing radi-
ation dose reconstructions. 
Sec. 210. Technical corrections. 
TITLE III—PROVISIONS RELATING TO EITHER SUBTITLE OF ACT 
Sec. 301. Providing administrative relief in cases where medical records are not 
available. 
Sec. 302. Resource centers and outreach programs. 
Sec. 303. Office of the Ombudsman. 
Sec. 304. Assignment of claims. 
Sec. 305. Memorandum of agreement.
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—The Congress finds the following:
(1) The Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 
7384 et seq.) (hereinafter in this section referred to 
as ‘‘EEOICPA’’) was intended to ensure the pay-
ment of timely, uniform, adequate compensation 
with respect to covered employees (and, where appli-
cable, survivors of such employees) suffering from 
occupational illnesses incurred by such employees in 
the performance of duty for the Department of En-
ergy and certain of its contractors, subcontractors, 
and vendors, and to provide parity for uranium min-
ers under the Radiation Exposure Compensation Act 
(42 U.S.C. 2210 note). 
(2) Four Federal agencies, the Departments of 
Labor, Health and Human Services, Energy, and 
Justice, have been assigned responsibilities under 
EEOICPA pursuant to Executive Order No. 13179, 
dated December 7, 2000 (42 U.S.C. 7384 note). 
(3) The Department of Labor began accepting 
claims July 31, 2001, and the Department of Health 
and Human Services, through the National Institute 
for Occupational Safety and Health, will perform ra-
diation dose reconstruction for cancer claims and 
evaluate petitions for Special Exposure Cohorts.
(4) The Department of Energy finalized its reg-
ulations governing claims under Subtitle D of 
EEOICPA on August 14, 2002. Those regulations 
require claimants to use a State workers’ compensa-
tion system to secure benefits after receiving a posi-
tive finding from a Department of Energy physi-
cians panel. The Department of Energy has con-
ceded, however, that it will not have a willing payor 
for as many as 50 percent of the claims that are 
meritorious. As a consequence, many deserving 
claimants with a positive determination from a De-
partment of Energy physicians panel will nonetheless 
be denied benefits. 
(5) The Department of Energy’s regulations (at 
10 C.F.R. Part 852) direct contractors of the De-
partment to adopt a non-adversarial posture in state 
workers’ compensation proceedings, which, by virtue 
of State law, are structured as an adversarial forum. 
The policy of the Department of Energy requiring 
its contractors to adopt a non-adversarial posture 
within an adversarial State workers’ compensation 
system should be remedied by utilizing a non-adver-
sarial dispute resolution system. Taxpayers would 
also benefit from placing claimants in a non-adver-
sarial system, such as the type of systems adminis-
tered by the Department of Labor under subtitle B 
of EEOICPA, as doing so would assure that disabil-
ities related to occupational illnesses would be com-
pensated proportional to the degree of injury. 
(6) In order to assure that congressional intent 
is honored with respect to the Department of Ener-
gy’s program of worker assistance for occupational 
illnesses that arose out of the course of employment 
from exposure to toxic substances at Department of 
Energy facilities, the Department of Energy’s imple-
mentation of subtitle D of EEOICPA requires the 
creation of a third-party payor to assure payment of 
valid worker compensation claims. 
(7) Certain renal diseases related to uranium 
exposure and cancers related to employment by be-
ryllium vendors should be added to coverage under 
subtitle B. 
(8) Congress intended that follow-up imple-
menting legislation would be required when it passed 
EEOICPA in October 2000. Indeed, section 3613 of 
EEOICPA directed the administration to provide 
such follow-up implementing legislation. Although 
such draft legislation was forwarded to Congress on 
January 15, 2001, no action was taken. However, in 
December 2001, Congress adopted technical amend-
ments to EEOICPA. Since then, significant short-
comings in EEOICPA have been identified as the 3 
Federal 
agencies 
have 
begun 
implementing 
EEOICPA. 
(b) PURPOSE.—The purpose of this Act is to amend 
EEOICPA to—
(1) ensure that all meritorious claims for occu-
pational illness caused by exposure to toxic sub-
stances at Department of Energy facilities are 
promptly, equitably, and efficiently compensated 
under subtitle D of EEOICPA, through the estab-
lishment of the Department of Labor as a third-
party payor and the use of the Fund established 
under EEOICPA; 
(2) enhance assistance to claimants through an 
ombudsman, outreach, and resource centers; 
(3) ensure that there is parity in treatment of 
chronic renal disease between uranium-exposed De-
partment of Energy employees (including employees 
of contractors, subcontractors, and atomic weapons 
employer facilities) and the uranium-exposed work-
ers under the Radiation Exposure Compensation 
Act; 
(4) provide coverage of lung cancer for beryl-
lium-exposed workers;
(5) authorize the Secretary of Energy to expand 
dates of coverage for atomic energy weapons facili-
ties, or beryllium vendors, beyond the dates for 
which such facilities were under contract to the 
Atomic Energy Commission and the Department of 
Energy, if specified by the National Institute for Oc-
cupational Safety and Health in the reports 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; 
(6) provide for an advisory committee for the 
Department of Energy; and 
(7) make administrative improvements and 
technical corrections. 
TITLE I—AUTHORIZATION OF A 
THIRD-PARTY 
PAYOR 
FOR 
DOE CONTRACTOR EMPLOY-
EES EXPOSED TO TOXIC SUB-
STANCES 
SEC. 101. BENEFITS. 
Subtitle D of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7385o) is amended to read as follows:
‘‘Subtitle D—Third-Party Payor for 
DOE Contractor Employees Ex-
posed to Toxic Substances 
‘‘SEC. 3661. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) The term ‘DOE contractor’ means any of 
the following: 
‘‘(A) A contractor (or subcontractor at any 
tier) of the Department of Energy. 
‘‘(B) A contractor (or subcontractor at any 
tier) of USEC, a Government-owned corpora-
tion, during the period beginning on July 1, 
1993, and ending on July 28, 1998. 
‘‘(2) The term ‘DOE contractor employee’ 
means any of the following: 
‘‘(A) An employee of a contractor (or sub-
contractor at any tier) of the Department of 
Energy. 
‘‘(B) An employee of a contractor (or sub-
contractor at any tier) of USEC, a Govern-
ment-owned corporation, during the period be-
ginning on July 1, 1993, and ending on July 
28, 1998. 
‘‘(3) The term ‘covered DOE contractor em-
ployee’ means a DOE contractor employee, if a
address, and phone number of a person capable of 
answering questions and providing additional infor-
mation with respect to the procedures and benefits 
under this subtitle. 
‘‘(b) INITIAL REVIEW BY DOE.—
‘‘(1) EVIDENCE REQUIRED.—The Secretary of 
Energy shall review each claim submitted under this 
section and, for each such claim, determine not later 
than 30 days after receipt of the claim whether the 
claimant submitted reasonable evidence of both of 
the following: 
‘‘(A) The claim was filed by or on behalf 
of a DOE contractor employee or such employ-
ee’s estate. 
‘‘(B) The illness or death of the DOE con-
tractor employee may have been related to em-
ployment at a Department of Energy facility. 
‘‘(2) DETERMINATIONS.—
‘‘(A) If the Secretary determines that the 
claimant did not submit reasonable evidence 
under either paragraph (1)(A) or (1)(B), or 
both, the Secretary shall, not later than 10 days 
after making such determination, notify the 
claimant of such determination and include the
claimant’s options for appeal or for submitting 
additional evidence. 
‘‘(B) If the Secretary determines that the 
claimant did submit reasonable evidence under 
both paragraphs (1)(A) and (1)(B), the Sec-
retary shall—
‘‘(i) not later than 10 days after mak-
ing such determination, notify the claimant 
of such determination; 
‘‘(ii) ensure that the claimant is af-
forded the opportunity to review the entire 
record, and to supplement the record with-
in 30 days after the date on which infor-
mation is provided by the DOE contractor, 
before the claim is submitted to a physi-
cians panel; 
‘‘(iii) not later than 10 days after the 
claimant supplements the record under 
clause (ii), submit the claim to a physi-
cians panel for review under subsection (c); 
and 
‘‘(iv) not later than 10 days after sub-
mitting the claim to a physicians panel, no-
tify the claimant of such submission. 
‘‘(c) REVIEW BY PHYSICIANS PANELS.—
‘‘(1) COMPOSITION.—
‘‘(A) The Secretary of Energy shall inform 
the Secretary of Health and Human Services of 
the number of physicians panels the Secretary 
of Energy has determined to be appropriate to 
administer this section, the number of physi-
cians needed for each panel, and the area of ju-
risdiction of each panel. 
‘‘(B) The Secretary of Health and Human 
Services shall appoint panel members with expe-
rience and competency in diagnosing occupa-
tional illnesses under section 3109 of title 5, 
United States Code. Each member of a panel 
shall be paid at a rate not to exceed 121 per-
cent of the rate of pay payable for level I of the 
Executive Schedule for each day (including 
travel time) the member is engaged in the work 
of a panel. 
‘‘(C) A panel established under this sub-
section shall not be subject to the Federal Advi-
sory Committee Act (5 U.S.C. App.). 
‘‘(2) OPERATION.—
‘‘(A) The Secretary of Energy shall assist 
the claimant in obtaining additional evidence 
within the control of the Department of Energy
or a DOE contractor who employed a DOE 
contractor employee and relevant to the panel’s 
deliberations. 
‘‘(B) At the request of a panel, the Sec-
retary of Energy and a DOE contractor who 
employed a DOE contractor employee shall pro-
vide additional information relevant to the pan-
el’s deliberations. A panel may consult special-
ists in relevant fields as it determines nec-
essary. 
‘‘(C) In any case in which the panel finds 
that additional diagnostic testing or an expo-
sure assessment is necessary to the panel’s de-
liberations—
‘‘(i) the panel shall so notify the Sec-
retary of Energy and the claimant; 
‘‘(ii) the claimant may obtain such di-
agnostic testing or exposure assessment 
using a qualified physician chosen by the 
claimant or a qualified occupational health 
expert (as applicable) or, if the claimant so 
desires, may obtain such diagnostic testing 
or exposure assessment using the program 
carried out under section 3162 of the Na-
tional Defense Authorization Act for Fiscal
Year 1993 (42 U.S.C. 7274i) to monitor 
Department of Energy workers exposed to 
hazardous and radioactive substances; and 
‘‘(iii) any costs of such diagnostic 
testing or exposure assessment shall be 
paid for from the Fund established under 
section 3612 and shall be provided by the 
Secretary of Energy through a method 
under which the claimant is not required 
to advance any amount toward payment of 
such costs. 
‘‘(D) The Secretary of Energy is author-
ized to enter into or modify cooperative agree-
ments with providers who are implementing the 
program carried out under section 3162 of the 
National Defense Authorization Act for Fiscal 
Year 1993 (42 U.S.C. 7274i) to provide addi-
tional medical testing or assessments of expo-
sures to toxic substances at Department of En-
ergy facilities to claimants under circumstances 
covered by subparagraph (C). 
‘‘(3) DETERMINATION OF CAUSATION.—A panel 
shall review a claim submitted to it under this sub-
section and shall determine, under guidelines estab-
lished by the Secretary of Energy, by regulation,
whether the illness or death that is the subject of 
the claim arose out of and in the course of employ-
ment by the Department of Energy and exposure to 
a toxic substance at a Department of Energy facil-
ity. For purposes of the preceding sentence, illness 
or death shall be deemed to arise out of and in the 
course of employment by the Department of Energy 
and exposure to a toxic substance at a Department 
of Energy facility if—
‘‘(A) exposure to the toxic substance (or 
substances, as the case may be) was a signifi-
cant factor which aggravated, contributed to, or 
caused the illness or death; or 
‘‘(B) the illness was, or the death was 
caused by, a specified cancer under section 
3621(17), and the individual to which the claim 
relates is a member of the Special Exposure Co-
hort who meets the requirements of subpara-
graph (A) of section 3621(9). 
‘‘(4) MAJORITY VOTE.—A determination under 
paragraph (3) shall be made by majority vote. 
‘‘(5) REPORT TO SECRETARY.—Once a panel 
has made a determination under paragraph (3), it 
shall report to the Secretary of Energy its deter-
mination and the basis for the determination.
‘‘(d) REVIEW OF PANEL DETERMINATIONS.—
‘‘(1) IN GENERAL.—The Secretary of Energy 
shall review a panel’s determination under sub-
section (c)(3), information the panel considered in 
reaching its determination, any relevant new infor-
mation not reasonably available at the time of the
panel’s deliberations, and the basis for the panel’s 
determination. 
‘‘(2) ACCEPTANCE
OF
PANEL
DETERMINA-
TION.—As a result of the review under paragraph 
(1), the Secretary shall accept the panel’s deter-
mination in the absence of a preponderance of evi-
dence to the contrary. 
‘‘(3) ACTION UPON ACCEPTED CLAIMS.—If the 
panel has made a positive determination under sub-
section (c)(3) and the Secretary accepts the deter-
mination under paragraph (2), or the panel has 
made a negative determination under subsection 
(c)(3) and the Secretary finds significant evidence to 
the contrary—
‘‘(A) the Secretary of Energy shall within 
10 days forward the claim to the Secretary of 
Labor for payment under section 3663, to-
gether with information relating to—
‘‘(i) the DOE contractor employee to 
whom the claim relates; 
‘‘(ii) the illness to which the claim re-
lates; 
‘‘(iii) the determination of the panel 
and the basis for the determination; 
‘‘(iv) the acceptance of the Secretary 
and the basis for the acceptance; 
‘‘(v) the employment to which the 
claim relates, including available wage or 
salary information; and 
‘‘(vi) any other matter that the Sec-
retary of Labor considers necessary; and 
‘‘(B) the Secretary of Energy thereafter—
‘‘(i) shall not contest such claim; 
‘‘(ii) shall not contest an award made 
regarding such claim; and 
‘‘(iii) shall direct the DOE contractor 
who employed the DOE contractor em-
ployee to which the claim relates not to 
contest such claim or such award in any 
administrative or judicial forum, and such 
obligation in no case shall be considered 
discretionary; and
‘‘(C) any costs of contesting a claim or an 
award regarding the claim incurred by the 
DOE contractor who employed the DOE con-
tractor employee who is the subject of the claim 
shall not be an allowable cost under a Depart-
ment of Energy contract. 
‘‘(e) ACCESS TO INFORMATION.—
‘‘(1) DUTY TO PROVIDE INFORMATION.—At the 
request of the Secretary of Energy, a DOE con-
tractor who employed a DOE contractor employee 
and any other entity possessing information related 
to such employee relevant to deliberations under this 
section shall make such information available to the 
Secretary. 
‘‘(2) COPIES TO CLAIMANT.—The Secretary of 
Energy shall require that a DOE contractor who 
provides any information to the Secretary or a panel 
under this section shall simultaneously provide such 
information to the claimant. 
‘‘(f) ADMINISTRATIVE AND JUDICIAL REVIEW.—The 
Secretary of Energy shall establish a process under which 
a claimant may obtain prompt and independent adminis-
trative review of any adverse determination by the Sec-
retary under subsection (b) or (d) or by a panel under 
subsection (c). The results of any such administrative re-
view shall be deemed to be a final agency action subject 
to judicial review. 
‘‘(g) WORKER ADVOCACY ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—(A) Not later than 90 
days after the date of the enactment of this section, 
the Secretary of Energy shall establish and appoint 
a Worker Advocacy Advisory Committee (hereinafter 
in this subsection referred to as the ‘‘Committee’’). 
The Committee shall be comprised of not more than 
20 members. 
‘‘(B) The Secretary shall ensure that the mem-
bership of the Committee reflects a balance of the 
following perspectives: claimants; Department of En-
ergy contractor employees; Department of Energy 
contractors and subcontractors; State and Federal 
workers’ compensation programs; insurers; and indi-
viduals with relevant medical and scientific expertise. 
‘‘(C) The Secretary shall make appointments to 
the Committee in consultation with organizations 
with expertise on worker health and worker com-
pensation issues. 
‘‘(D) The Committee shall have a chair, who 
shall be designated by the Secretary from among the 
members of the Committee.
‘‘(E) The Committee shall meet as often as nec-
essary, but not less often than on a quarterly basis. 
‘‘(2) DUTIES.—The duty of the Committee 
shall be to advise the Secretary of Energy on the fol-
lowing matters under this subtitle: 
‘‘(A) The procedures for processing claims, 
gathering data with respect to claims, and com-
municating with claimants with respect to 
claims. 
‘‘(B) The adequacy and effectiveness of the 
exposure assessments and medical criteria used 
in the resolution of claims. 
‘‘(C) Interagency relations with the De-
partment of Labor and the National Institute 
for Occupational Safety and Health and with 
willing payors for claims approved by physicians 
panels. 
‘‘(D) The administrative procedures used 
for the operations of physicians panels. 
‘‘(E) The adequacy of physicians panel de-
terminations, reviewed in a manner consistent 
with the requirements of the Privacy Act. 
‘‘(F) The concerns raised by claimants and 
the responses to those concerns.
‘‘(G) Reforms and improvements that may 
require legislation. 
‘‘(H) Any other matters related to the op-
erations and activities of the Office of Worker 
Advocacy that the Secretary considers appro-
priate. 
‘‘(3) RECOMMENDATIONS.—Any recommenda-
tions of the Committee shall be transmitted to the
Secretary of Energy and made available to the pub-
lic in electronic and paper form. 
‘‘(4) REPORTS.—Not later than once every 6 
months, the Committee shall transmit a report de-
tailing the activities of the Committee, including its 
written recommendations and the Secretary’s re-
sponse to such recommendations, to—
‘‘(A) the Committee on Armed Services, 
Committee on Appropriations, Committee on 
the Judiciary, and Committee on Health, Edu-
cation, Labor, and Pensions of the Senate; and 
‘‘(B) the Committee on Armed Services, 
Committee on Appropriations, Committee on 
the Judiciary, and Committee on Education 
and the Workforce of the House of Representa-
tives.
‘‘(5) STAFF.—The Secretary of Energy shall 
provide the Committee with sufficient staff to facili-
tate the work of the Committee. 
‘‘(6) EXPENSES.—Members of the Committee, 
other than full time employees of the United States, 
while attending or preparing for meetings of the 
Committee or while otherwise serving at the request 
of the Secretary, while serving away from their 
homes or regular places of businesses, shall be al-
lowed travel and meal expenses including per diem 
in lieu of subsistence, as authorized by section 5703 
of title 5, United States Code, for individuals in the 
Government serving without pay. 
‘‘(h) REPORT TO CONGRESS.—Not later than Feb-
ruary 1 of each year, the Secretary of Energy shall submit 
to Congress a report on the implementation and operation 
of this section. The report shall include, for the preceding 
calendar year—
‘‘(1) the number of claims received under this 
subtitle; 
‘‘(2) the size of the backlog in processing such 
claims; 
‘‘(3) the number of such claims submitted to a 
physicians panel;
‘‘(4) the number of such claims for which a 
panel made a determination, including the number 
of determinations that were positive and the number 
that were negative; 
‘‘(5) the number of determinations accepted 
and denied by the Secretary; 
‘‘(6) the number of claims denied under sub-
section (b) for failure to submit reasonable evidence; 
‘‘(7) the number and type of diagnostic tests 
and exposure assessments requested by a panel, and 
the number and type of such tests and assessments 
that were carried out; 
‘‘(8) the number and type of claims appealed, 
and the dispositions of such appeals; and 
‘‘(9) the expenditures made, and staff and con-
tractors employed, in carrying out the Department 
of Energy’s responsibilities under this section. 
‘‘(i) REGULATIONS.—Not later than 120 days after 
the date of the enactment of the Reform of Energy Work-
ers Compensation Act, the Secretary of Energy shall pre-
scribe new regulations to carry out that Act and the 
amendments to this title made by that Act. The new regu-
lations may, to the extent not inconsistent with this title 
(as so amended), incorporate the regulations in effect be-
fore the date of the enactment of that Act.
‘‘(j) TRANSITION.—Until the new regulations under 
subsection (i) are in effect, the Secretary of Energy shall, 
to the extent not inconsistent with this title (as amended 
by the Reform of Energy Workers Compensation Act) and 
without prejudicing any claimant, continue to process 
claims under this title (as so amended). 
‘‘SEC. 3663. PAYMENT OF BENEFITS BY DEPARTMENT OF 
LABOR ACTING AS A THIRD-PARTY ADMINIS-
TRATOR FOR THE DEPARTMENT OF ENERGY. 
‘‘(a) IN GENERAL.—
‘‘(1) PAYMENTS.—In each case in which section 
3662(d)(3) provides for the Secretary of Energy to 
forward a claim to the Secretary of Labor for pay-
ments to be made with respect to a covered DOE 
contractor employee, such payments shall be made in 
accordance with this section by the Secretary of 
Labor. 
‘‘(2) MEDICAL BENEFITS.—Each covered DOE 
contractor employee shall receive medical benefits 
under section 3629 for that employee’s specified ill-
ness. 
‘‘(3) PAYMENT FROM FUND.—The compensa-
tion provided under this section shall be paid from 
the Fund established under section 3612.
‘‘(b) DUTY OF SECRETARY OF LABOR.—The Sec-
retary of Labor shall have the duty to carry out this sec-
tion. 
‘‘(c) NATURE AND AMOUNT OF PAYMENTS.—
‘‘(1) IN GENERAL.—The following provisions of 
subchapter I of chapter 81 of title 5, United States 
Code, apply to a covered DOE contractor employee 
(including the regulations prescribed with respect to 
those provisions, adapted as appropriate), and the 
Secretary of Labor shall provide, with respect to 
that employee and that employee’s specified illness, 
payments determined in accordance with those provi-
sions: Sections 8102(a), 8105, 8106, 8107, 8108, 
8109, 8110, 8111(a), 8112, 8114, 8115, 8116, 
8117, 8133, 8134, and 8146a. 
‘‘(2) ORGANS AND PHYSIOLOGICAL SYSTEMS.—
For purposes of carrying out this subtitle, the Sec-
retary of Labor shall prescribe additional regulations 
for resolving claims under this subtitle of partial or 
total loss of use of function of organs or physio-
logical systems that are not already covered by exist-
ing regulations. Such additional regulations shall 
cover the liver, brain, stomach, heart, esophagus, 
bladder, thyroid, pancreas, and nervous system, and 
such additional organs and physiological systems as
the Secretary considers appropriate. The Secretary 
shall issue such regulations not later than 90 days 
after the date of the enactment of the Reform of 
Energy Workers Compensation Act. 
‘‘(d) ADMINISTRATIVE AND JUDICIAL REVIEW.—
‘‘(1) IN
GENERAL.—The Secretary of Labor 
shall establish a process, utilizing the process that 
applies under subtitle B of this title to the maximum 
extent practicable, under which a claimant may ob-
tain administrative review of any adverse determina-
tion by the Secretary of Labor under this section.
Such process shall not apply to any adverse deter-
mination by the Secretary of Energy. 
‘‘(2) JUDICIAL
REVIEW.—The results of any 
such administrative review shall be deemed to be a 
final agency action subject to judicial review in the 
United States district court for the district in which 
the claimant resides. 
‘‘(3) ATTORNEY FEES.—In any proceeding pur-
suant to this subsection, attorney fees shall be avail-
able on the same basis as such fees are available 
under section 28 of the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 928).
‘‘SEC. 3664. GENERAL PROVISIONS RELATING TO RESOLU-
TION OF CLAIMS. 
‘‘(a) NONADVERSARIAL.—The Secretary of Energy 
and the Secretary of Labor shall each ensure that claims 
under this subtitle are resolved in a nonadversarial man-
ner. 
‘‘(b) NO STATUTE OF LIMITATIONS.—A claim under 
this subtitle shall not be barred by any statute of limita-
tions. 
‘‘SEC. 3665. OFFSET FOR CERTAIN PAYMENTS. 
‘‘(a) IN GENERAL.—A claimant awarded benefits 
under this subtitle as a result of a specified illness or 
death of a DOE contractor employee who receives benefits 
because of the same illness or death from any State work-
ers’ compensation system shall receive the benefits speci-
fied in this subtitle for such illness or death, reduced by 
the amount of any workers’ compensation benefits that the 
claimant receives or will receive on account of such illness 
or death under any State workers’ compensation system 
during the period that awarded benefits are provided 
under this subtitle, after deducting the reasonable costs, 
as determined by the Secretary of Labor by regulation, 
of obtaining such benefits. 
‘‘(b) REIMBURSEMENT TO STATES WITH EXCLUSIVE 
STATE FUNDS.—In a case referred to in subsection (a) 
that relates to a State workers’ compensation system with
an exclusive State fund, the Secretary of Labor shall pro-
vide reimbursement to such State workers’ compensation 
system for the amount of workers’ compensation benefits 
from such State workers’ compensation system that the 
claimant receives after the date of the Secretary’s deter-
mination that the claimant is entitled to benefits under 
this subtitle. 
‘‘SEC. 3666. SUBROGATION OF THE UNITED STATES NOT AP-
PLICABLE. 
‘‘Notwithstanding any other provision of law, the 
United States has no right of subrogation against any per-
son by reason of payments or other benefits provided 
under this subtitle. 
‘‘SEC. 3667. CERTIFICATION OF TREATMENT OF PAYMENTS 
UNDER OTHER LAWS. 
‘‘Compensation or benefits provided to an individual 
under this subtitle—
‘‘(1) shall be treated for purposes of the inter-
nal revenue laws of the United States as damages 
for human suffering; and 
‘‘(2) shall not be included as income or re-
sources for purposes of determining eligibility to re-
ceive benefits described in section 3803(c)(2)(C) of 
title 31, United States Code, or the amount of such 
benefits.
‘‘SEC. 3668. CERTAIN CLAIMS NOT AFFECTED BY AWARDS 
OF DAMAGES. 
‘‘A payment under this subtitle shall not be consid-
ered as any form of compensation or reimbursement for 
a loss for purposes of imposing liability on any individual 
receiving such payment, on the basis of such receipt, to 
repay any insurance carrier for insurance payments; and 
a payment under this subtitle shall not affect any claim 
against an insurance carrier with respect to insurance. 
‘‘SEC. 3669. FORFEITURE OF BENEFITS BY CONVICTED FEL-
ONS. 
‘‘(a) FORFEITURE
OF COMPENSATION.—Any indi-
vidual convicted of a violation of section 1920 of title 18, 
United States Code, or any other Federal or State crimi-
nal statute relating to fraud in the application for or re-
ceipt of any benefit under this title or under any other 
Federal or State workers’ compensation law, shall forfeit 
(as of the date of such conviction) any entitlement to any 
compensation or benefit under this subtitle such individual 
would otherwise be awarded for any injury, illness or death 
covered by this subtitle for which the time of injury was 
on or before the date of the conviction. 
‘‘(b) INFORMATION.—Notwithstanding section 552a 
of title 5, United States Code, or any other Federal or 
State law, an agency of the United States, a State, or a 
political subdivision of a State shall make available to the
Secretary of Labor, upon written request from the Sec-
retary and if the Secretary requires the information to 
carry out this section, the names and Social Security ac-
count numbers of individuals confined, for conviction of 
a felony, in a jail, prison, or other penal institution or cor-
rectional facility under the jurisdiction of that agency. 
‘‘SEC. 3670. EXCLUSIVITY OF REMEDY. 
‘‘The liability of the United States or a DOE con-
tractor in its capacity as an employer of a DOE contractor 
employee under this subtitle with respect to the specified 
illness or death of a DOE contractor employee for which 
compensation is made under this subtitle is exclusive and 
instead of all other liability of the United States or DOE 
contractor in such capacity to the employee, his legal rep-
resentative, spouse, dependents, next of kin, and any other 
person otherwise entitled to recover damages from the 
United States or DOE contractor in such capacity because 
of the specified illness or death in a direct judicial pro-
ceeding, in a civil action, or in admiralty, except for a 
State workers’ compensation proceeding or a State inten-
tional tort liability proceeding. However, this section shall 
not apply to illness or death for which compensation under 
this subtitle is not made.
‘‘SEC. 3671. COORDINATION WITH BENEFITS UNDER SUB-
TITLE B. 
‘‘(a) RECEIPT OF SUBTITLE B BENEFITS NO BAR 
TO APPLICATION UNDER THIS SUBTITLE.—An individual 
may apply for benefits under this subtitle without regard 
to whether the individual received a lump sum payment 
under subtitle B. 
‘‘(b) OFFSET FOR BENEFITS PAID ON SAME ILLNESS 
OF SAME PERSON.—If a lump sum payment is made 
under subtitle B by reason of a specified illness of a per-
son, any payment (excluding medical costs) made under
this subtitle by reason of the same specified illness of the 
same person shall be offset by the amount of such lump 
sum payment.’’. 
SEC. 102. GAO REPORT. 
Not later than February 1, 2004, the Comptroller 
General shall submit to Congress a report on the imple-
mentation by the Department of Energy and the Depart-
ment of Labor of subtitle D of the Energy Employees Oc-
cupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7385o et seq.), as amended by section 101, and 
of the effectiveness of such subtitle in assisting DOE con-
tractor employees in obtaining compensation for occupa-
tional illness.
TITLE II—AMENDMENTS RELAT-
ING TO SUBTITLE B OF PRO-
GRAM 
SEC. 201. COVERAGE FOR CHRONIC RENAL DISEASE. 
(a) DEFINITIONS FOR PROGRAM ADMINISTRATION.—
Section 3621 of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7384l) is amended—
(1) in paragraph (1), by adding at the end the 
following new subparagraph: 
‘‘(D) A covered employee with chronic 
renal disease.’’; 
(2) in paragraph (15), by striking ‘‘or chronic 
silicosis’’ and inserting ‘‘, chronic silicosis, or chronic 
renal disease’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(19) The term ‘chronic renal disease’ includes 
nephritis and kidney tubal tissue injury and related 
illnesses of the urogenitoury tract. 
‘‘(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 at 
least 15 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. TIME LIMITS. 
(a) TIME TO PROCESS SPECIAL EXPOSURE COHORT 
PETITIONS.—Section 3626 of the Energy Employees Oc-
cupational Illness 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) TIME TO PROCESS SPECIAL EXPOSURE COHORT 
PETITIONS.—
‘‘(1) 180 DAYS.—If a class of employees de-
scribed in subsection (a)(1) petitions to be treated as 
members of the Special Exposure Cohort under sub-
section (a)(3), the Secretary of Health and Human 
Services shall approve or deny the petition within 
180 days after the date on which the petition was 
received. 
‘‘(2) REPORT TO CONGRESS.—If the Secretary 
of Health and Human Services fails to approve or 
deny the petition within such 180 days, the Sec-
retary shall, on the 181st day, submit to the con-
gressional committees specified in paragraph (3) and 
individual Members in the House and Senate who 
represent the district or State in which the covered 
facility is located a report on the failure. The report 
shall provide notice of the failure, an explanation of 
the reasons for the failure, an assessment of whether 
the petition can be approved or denied promptly, 
and a schedule for completing all remaining steps 
necessary to approve or deny the petition. 
‘‘(3) The congressional committees referred to 
in paragraph (2) are the following committees: 
‘‘(A) The Committee on Armed Services, 
Committee on the Judiciary, Committee on En-
ergy and Commerce, and Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives. 
‘‘(B) The Committee on Armed Services, 
Committee on the Judiciary, Committee on En-
ergy and Natural Resources, and Committee on 
Health, Education, Labor, and Pensions of the 
Senate.’’. 
(b) TIME TO PROCESS INDIVIDUAL CLAIMS.—Sec-
tion 3623 of that Act (42 U.S.C. 7384n) is amended by 
adding at the end of subsection (d) the following new para-
graph:
‘‘(3) DEADLINES FOR COMPLETING RADIATION DOSE 
RECONSTRUCTION ESTIMATES.—
‘‘(A) Not later than 150 days after the 
date on which the Secretary of Labor transmits 
to the National Institute for Occupational Safe-
ty and Health a claim for which an estimate re-
ferred to in paragraph (1) is required, the Insti-
tute shall obtain, from the Department of En-
ergy, contractors and subcontractors of the De-
partment, atomic energy weapons employers, 
and any other available sources, information 
necessary to complete the estimate. 
‘‘(B) Not later than 180 days after the 
date on which the Secretary of Labor transmits 
to the Institute such a claim, the Institute shall 
complete the estimate. 
‘‘(C) If the Institute fails to carry out the 
requirements of either subparagraph (A) or (B) 
within the period specified in such subpara-
graph—
‘‘(i) it shall be deemed, for purposes 
of section 3626(b)(1), that it is not fea-
sible to estimate with sufficient accuracy 
the radiation dose received by the indi-
vidual to which the claim relates; and
‘‘(ii) the Institute shall, not later than 
5 days after clause (i) applies to a claim, 
provide the claimant with written notice 
that such clause applies to that claim and 
appropriate information and materials to 
enable the claimant to petition to be treat-
ed as a member of the Special Exposure 
Cohort.’’. 
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) ANNUAL REPORT.—The National Institute for 
Occupational Safety and Health shall prepare, on an an-
nual basis, a report that identifies each type of cancer 
(other than specified cancers, as already defined in section 
3621(17) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 
7384l(17))) that the Institute has determined, from Spe-
cial Exposure Cohort petitions or from epidemiology stud-
ies of workers or atomic bomb survivors, to be radiosensi-
tive to any degree and, for each cancer so identified, pro-
vides a basis for that determination. 
(b) SUBMISSION TO CONGRESS AND AGENCIES.—Not 
later than 90 days after the date of the enactment of this 
Act, and thereafter not later than February 1 of each 
year, the Institute shall submit the report to Congress, 
the Secretary of Labor, and the Advisory Board on Radi-
ation and Worker Health, and shall publish the report in 
the Federal Register, for public review and comment. 
Each report shall, taking into account comments received
in response to any previous reports under this section, 
identify each type of cancer that is appropriate to be 
deemed an additional specified cancer for purposes of the 
Special Exposure Cohort under the Energy Employees Oc-
cupational 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. 
(a) ATOMIC WEAPONS EMPLOYEES.—Paragraph (3) 
of section 3621 of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7384l) is 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 
final 
report 
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 
supplement thereto, significant radioactive contamination 
remained in a facility of the employer after such facility 
discontinued activities relating to the production of nu-
clear weapons and such contamination could have caused 
or substantially contributed to the cancer of a covered em-
ployee with cancer’’.
(b) BERYLLIUM EMPLOYEES.—Paragraph (7)(C) of 
section 3621 of that Act (42 U.S.C. 7384l) is 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 final 
report required by section 3151(b)(2)(A)(ii) of the Na-
tional Defense Authorization Act for Fiscal Year 2002 (42 
U.S.C. 7384 note) or any supplement thereto, significant 
beryllium contamination remained in a facility of the em-
ployer after such facility discontinued activities relating to 
the production of nuclear weapons and such contamination 
could have caused or substantially contributed to a covered 
beryllium illness’’. 
(c) SUPPLEMENTAL REPORTS.—(1) In each of 2004, 
2005, and 2006, the National Institute for Occupational 
Safety and Health shall prepare a supplement to the final 
report required by subsection (b)(2)(A)(ii) of section 3151 
of the National Defense Authorization Act for Fiscal Year 
2002 (42 U.S.C. 7384 note). Each such supplement 
shall—
(A) complete the study on whether there is sig-
nificant residual contamination at atomic energy 
weapons employer facilities or beryllium vendors, for 
facilities where more evaluation is required as of the 
date of such final report;
(B) identify the date as of which significant re-
sidual contamination was or will be removed from an 
atomic energy weapons employer facility or beryllium 
vendor for those facilities at which such contamina-
tion remained present as of May 31, 2003, according 
to such final report; and 
(C) if new information has been made available 
to the Institute after submitting such final report 
that warrants a revision to an evaluation of residual 
contamination set forth in such final report—
(i) describe such new information; and 
(ii) specify each such revision. 
(2) The reports required by paragraph (1) shall, not 
later than May 31 of the year in which the report was 
required to be prepared—
(A) be submitted to the congressional commit-
tees specified in subsection (b)(2)(B) of section 3151 
of that Act; and 
(B) made available to the public in paper and 
electronic form. 
SEC. 207. COORDINATION WITH RADIATION EXPOSURE 
COMPENSATION ACT. 
(a) IN GENERAL.—Section 3651 of the Energy Em-
ployees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7385j) is amended to read as follows:
‘‘SEC. 3651. COORDINATION WITH OTHER FEDERAL RADI-
ATION COMPENSATION LAWS. 
‘‘(a) IN GENERAL.—Except in accordance with sec-
tion 3630 and except as provided in subsection (b), an 
individual may not receive compensation or benefits under 
the compensation program for cancer and also receive 
compensation under either of the following: 
‘‘(1) The Radiation Exposure Compensation 
Act (42 U.S.C. 2210 note). 
‘‘(2) Section 1112(c) of title 38, United States 
Code. 
‘‘(b) COMPENSATION AVAILABLE, SUBJECT TO OFF-
SET, TO INDIVIDUALS WHO PARTICIPATED ON-SITE IN 
AN ATMOSPHERIC NUCLEAR TEST.—An individual who 
files a claim after July 31, 2001, for compensation for 
cancer under subtitle B may receive such compensation 
even though payment has been made for that cancer under 
the Radiation Exposure Compensation Act, but the 
amount of such compensation shall be offset by the 
amount of any payment made for that cancer under either 
of the following paragraphs of section 4(a) of that Act: 
‘‘(1) Paragraph (1)(A)(i)(III). 
‘‘(2) Paragraph (2)(C).’’. 
(b) PROCEDURES
REQUIRED.—The Secretary of 
Labor, in coordination with the Attorney General, shall 
establish procedures to identify and notify each individual
who may be entitled to compensation by reason of section 
3651(b) of that Act (as added by subsection (a)) of the 
availability of such compensation. 
SEC. 208. EXTENSION OF COVERAGE TO CERTAIN WORK-
ERS. 
Section 3621 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 is amended 
in each of paragraphs (11)(B)(i) and (12)(B) by inserting 
after ‘‘Department of Energy’’ the following: ‘‘(or other 
Federal agency carrying out functions with respect to that 
facility that formerly were carried out by the Department 
of Energy)’’. 
SEC. 209. REPORT BY NATIONAL INSTITUTE FOR OCCUPA-
TIONAL SAFETY AND HEALTH ON INSTI-
TUTE’S ACCESS TO INFORMATION RELATING 
TO PERFORMING RADIATION DOSE RECON-
STRUCTIONS. 
Not later than 90 days after the date of the enact-
ment of this Act, the National Institute for Occupational 
Safety and Health shall submit to Congress a report on 
the ability of the Institute to obtain, in a timely, accurate, 
and complete manner, information that the Institute has 
requested from any element of the Department of Energy 
for the purpose of carrying out radiation dose reconstruc-
tions under the Energy Employees Occupational Illness
Compensation Program Act of 2000. The report shall in-
clude the following: 
(1) An identification of each matter adversely 
affecting the ability of the Institute to obtain such 
information in such manner. 
(2) For each facility with respect to which the 
Institute is carrying out one or more such dose re-
constructions—
(A) a specification of the number of work-
ers for whom dose reconstruction has been ad-
versely affected by any matter identified under 
paragraph (1); and
(B) An identification of each claim requir-
ing dose reconstruction for which, because of 
any matter identified under paragraph (1), dose 
reconstruction has not been completed within 
150 days after the date on which the Secretary 
of Labor submitted the claim to the Secretary 
of Health and Human Services. 
(3) For each facility with respect to which the 
Institute is carrying out 10 or more such dose recon-
structions, a comparison on a facility-by-facility 
basis of the ability of the Institute to obtain such in-
formation in such manner, including—
(A) an identification of the average time to 
obtain such information; 
(B) a description of the degree of respon-
siveness and cooperation from the Department 
of Energy in providing such information; and 
(C) an assessment of whether, and to what 
extent, the ability of the Institute to obtain 
such information in such manner differs from 
facility to facility. 
SEC. 210. 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. Studies further indicate that workers 
at Department of Energy sites were exposed to levels of 
silica, heavy metals, and toxic substances that will cause, 
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—PROVISIONS RELAT-
ING TO 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. 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. OUTREACH PROGRAMS AND RESOURCE CEN-
TERS. 
‘‘(a) PROGRAM REQUIRED.—Not later than 60 days 
after the date of the enactment of this section, the Sec-
retary of Labor and the Secretary of Energy shall com-
mence a comprehensive program of outreach which pro-
vides both information about the availability of benefits 
to potential claimants and assistance to claimants in pre-
paring their claims for submission to the appropriate 
agency. Such outreach shall be directed to potential claim-
ants for all types of facilities covered under subtitles B 
and D. Such program shall utilize fixed resource centers, 
mobile outreach, mailings, and contracts with labor orga-
nizations with access to potential claimants. The Secretary 
of Labor and the Secretary of Energy shall conduct out-
reach and coordination of efforts with—
‘‘(1) DOE contractors, atomic weapons employ-
ers, and beryllium vendors (and their successors);
‘‘(2) labor and community organizations that 
represent workers at atomic weapons employer facili-
ties, beryllium vendors, federal employees, and DOE 
contractors and subcontractors; 
‘‘(3) former worker medical screening programs 
carried out under section 3162 of the National De-
fense Authorization Act for Fiscal Year 1993 (42 
U.S.C. 7274i); 
‘‘(4) health and welfare plans; 
‘‘(5) local health care providers; and 
‘‘(6) appropriate State agencies and units of 
local government. 
‘‘(b) OUTREACH CENTERS.—(1) In carrying out the 
program required by subsection (a), the Secretary of 
Labor and the Secretary of Energy shall maintain the 10 
resource centers in existence as of the date of the enact-
ment of this section and shall establish new resource cen-
ters. Each such resource center shall be tasked with con-
ducting outreach to covered facilities and covered employ-
ees in the geographic region served by the center, and shall 
assist claimants with the filing of their claims. 
‘‘(2) In establishing new resource centers as required 
by paragraph (1), the Secretary of Labor and the Sec-
retary of Energy shall ensure that for every Department 
of Energy facility at which 7,000 or more employees cur-
rently employed, a new resource center is located in a com-
munity adjacent to the locality of that facility, unless there 
is an existing resource center within 50 miles of that facil-
ity. 
‘‘(3) At each new and existing resource center, the 
Secretary of Labor and the Secretary of Energy shall 
maintain staffing proportional to both demand for claim-
ant assistance services and the need for thorough outreach 
to potential claimants related to atomic energy weapons 
employer facilities, beryllium vendors, and DOE facilities. 
‘‘(c) DURATION.—The program required by sub-
section (a) shall be carried out, and the centers required 
by subsection (b) shall be maintained, through December
31, 2004, and for such a period beyond that date as de-
mand for claimant assistance warrants. 
‘‘(d) REPORT.—(1) Not later than 180 days after the 
date of the enactment of this section, the Secretary of 
Labor and the Secretary of Energy shall submit to the 
congressional committees specified in paragraph (2) a plan 
on carrying out the outreach activities required by this 
section. Such plan shall identify the universe of potential 
claimants for all types of facilities, the methods used to 
reach such individuals to date, the universe of individuals 
not contacted, and the plan for reaching such potential 
claimants.
‘‘(2) The congressional committees referred to in 
paragraph (1) are the following committees: 
‘‘(A) The Committee on Armed Services, Com-
mittee on the Judiciary, Committee on Energy and 
Commerce, and Committee on Education and the 
Workforce of the House of Representatives. 
‘‘(B) The Committee on Armed Services, Com-
mittee on the Judiciary, Committee on Energy and 
Natural Resources, and Committee on Health, Edu-
cation, Labor, and Pensions of the Senate.’’. 
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-
tion with claimants or claimant advocates, worker 
compensation experts, and members of the advisory
committees to Federal agencies implementing this 
title, from among individuals with at least one of the 
following qualifications: 
‘‘(A) Experience or training as an advo-
cate. 
‘‘(B) Training as a health care provider 
with knowledge of occupational illness and dis-
ease. 
‘‘(C) Experience in assisting claimants 
with worker compensation claims. 
‘‘(2) REMOVAL.—The Secretary of Labor may 
remove the Ombudsman for just cause and shall, in 
such a case, communicate to the Congress the cir-
cumstances forming the basis of such just cause. 
‘‘(c) DUTIES.—The duties of the Ombudsman are as 
follows: 
‘‘(1) To direct the operations of the Office. 
‘‘(2) To report to the Secretary of Labor with 
respect to the activities of the Office. 
‘‘(3) To assist claimants under this title with 
claims filed with the Department of Labor or the 
Department of Energy. 
‘‘(4) To receive and investigate complaints or 
inquiries regarding the status of a claim under this 
title.
‘‘(5) To provide claimants under this title with 
contacts at agencies with responsibilities under this 
title. 
‘‘(6) To offer informal advice on options avail-
able to claimants under this title. 
‘‘(7) To identify whether claimants under this 
title are encountering systematic difficulties or 
delays with respect to claims under this title, and to 
make recommendations for improvement, with re-
spect to such claims, in speed, equity, fairness, or 
compliance with statutes and regulations. 
‘‘(8) With respect to individuals filing com-
plaints or requests for information under this title—
‘‘(A) to respond within 30 days after re-
ceiving such a complaint or request; 
‘‘(B) to maintain reasonable communica-
tion with the individual until the matter is re-
solved; and 
‘‘(C) to maintain, as confidential and privi-
leged, the identity of the individual, unless such 
confidentiality or privilege is otherwise waived. 
‘‘(9) To maintain and publish a telephone num-
ber, facsimile number, electronic mail address, and 
post office address for the Office.
‘‘(d) LIMITATION.—The Ombudsman may not re-
verse or make decisions regarding any claim under this 
title. 
‘‘(e) AUTHORITY.—The Ombudsman is authorized to 
carry out the following activities: 
‘‘(1) Investigate questions regarding a claim 
under this title, or procedures or systems for proc-
essing such claims, with the offices of the Depart-
ment of Energy, Department of Labor, and Depart-
ment of Health and Human Services (including the 
National Institute for Occupational Safety and 
Health), and any contractor of any such department, 
that has responsibility under this title. 
‘‘(2) Contract for expert advice with respect to 
the Ombudsman’s responsibilities under this title. 
‘‘(3) Access any material relating to a matter 
under investigation under paragraph (1). 
‘‘(4) Request explanations from any Federal 
agency with responsibilities under this title about the 
activities of that agency under this title. 
‘‘(5) Enter and inspect places in order to carry 
out an investigation under paragraph (1). 
‘‘(6) Refer any matter within the responsibility 
of the Ombudsman to an appropriate inspector gen-
eral.
‘‘(f) COOPERATION WITH FEDERAL AGENCIES.—
Federal agencies and the officials responsible for the im-
plementation of this title shall assist the Ombudsman in 
carrying out this section and shall promptly make avail-
able to the Ombudsman all information requested by the 
Ombudsman. The Ombudsman shall cooperate with such 
agencies and officials. 
‘‘(g) COORDINATION.—The Ombudsman shall coordi-
nate the activities of the Office with the activities of the 
Secretaries of Energy, Health and Human Services, and
Labor in carrying out this title. Such coordination shall 
be carried out pursuant to memoranda of agreement en-
tered into among and between the Ombudsman and such 
Secretaries. 
‘‘(h) ANNUAL REPORT.—Not later than January 1 
of each year, the Ombudsman shall submit a report on 
this title to the President, the Congress, and the Secre-
taries of Energy, Health and Human Services, and Labor. 
No official outside the Office may require such outside of-
ficial’s approval before submitting the report. The report 
shall contain the following: 
‘‘(1) The number and types of complaints, 
grievances, and requests for assistance received by 
the ombudsman in the previous year.
‘‘(2) Identification of the most common difficul-
ties encountered by claimants under this title. 
‘‘(3) Recommended changes to the administra-
tive practices of the Federal agencies with responsi-
bility under this title. 
‘‘(4) Recommended legislative changes that may 
be appropriate to mitigate problems with the imple-
mentation of this title. 
‘‘(i) PUBLICATION.—The Secretaries of Energy, 
Health and Human Services, and Labor shall publicize the 
availability of the services of the Office. 
‘‘(j) SEPARATE LINE ITEM.—The budget of the 
President under section 1105(a) of title 31, United States 
Code, shall include funding for the Office as a separate 
line item. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$800,000 for each of fiscal years 2003 through 2007.’’. 
(b) INITIAL APPOINTMENT.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Labor shall appoint the Ombudsman required by sec-
tion 3654 of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (as added by sub-
section (a)).
(c) MEMORANDA OF AGREEMENT.—Not later than 
90 days after the date of the enactment of this Act, the 
Ombudsman shall enter into the memoranda of agreement 
required by such section 3654 (as added by subsection 
(a)). 
SEC. 304. ASSIGNMENT OF CLAIMS. 
Section 3647 of such Act (42 U.S.C. 7385f) is 
amended—
(1) in subsection (a), by striking ‘‘No claim 
cognizable’’ and all that follows through the period 
at the end and inserting ‘‘No claim cognizable under 
any subtitle of this title shall be assignable or trans-
ferable. Compensation and claims for compensation 
under any subtitle of this title are exempt from 
claims of creditors.’’; and 
(2) in subsection (b), by striking ‘‘subtitle B’’ 
and inserting ‘‘any subtitle of this title’’. 
SEC. 305. MEMORANDUM OF AGREEMENT. 
(a) MOA AUTHORIZED.—The Secretary of Energy 
and the Secretary of Labor may enter into a memorandum 
of agreement under which the Department of Labor car-
ries out claims processing services under subtitle D of the 
Energy Employees Occupational Illness Compensation 
Program Act of 2000 (as amended by this Act). The Sec-
retary of Energy may transfer to the Secretary of Labor
amounts made available to the Secretary of Energy for 
carrying out such services. 
(b) PUBLICATION.—A memorandum of agreement 
entered into under subsection (a) shall be promptly pub-
lished in the Federal Register.
Æ