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 subse-
quently 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 imple-
menting the Energy Employees Occupational Illness
Compensation Program Act of 2000.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Energy Employees Occupational Illness Compensation
Program Designation of Responsibilities Act’’.
(b) FINDINGS.—
(1) Since World War II, hundreds of thousands
of men and women have served the Nation in build-
ing its nuclear defense. In the course of their work,
they overcame previously unimagined scientific and
technical challenges. However, thousands of these
courageous Americans paid a high price for their
service, developing disabling or fatal illnesses as a
result of exposure to silica, beryllium, ionizing radi-
ation, and other hazards unique to nuclear weapons
production and testing.
(2) Too often, these workers were neither ade-
quately protected from, nor informed of, the occupa-
tional hazards to which they were exposed.
(3) Over the past 20 years more than 2 dozen
scientific findings have emerged that indicate that
Department of Energy workers are experiencing in-
creased risks of dying from cancer and nonmalig-
nant diseases at numerous facilities that provided
for the Nation’s nuclear deterrent. Several of these
studies also establish a correlation between excess
diseases and exposure to silica, radiation, and beryl-
lium.
(4) Federal workers’ compensation programs
have generally not included these workers. Further,
because of long latency periods, the uniqueness of
the hazards to which they were exposed, and inad-
equate exposure data, many of these individuals
have been unable to obtain State workers’ compensa-
tion benefits. This problem has been exacerbated by
the past policy of the Department of Energy and its
predecessors of encouraging and assisting its con-
tractors in opposing the claims of workers who
sought those benefits.
(5) The civilian men and women who performed
duties uniquely related to the Department of Ener-
gy’s nuclear weapons production program over the
last 50 years should have efficient, uniform, and
adequate compensation for beryllium-related health
conditions, radiation-related health conditions, and
silica-related health conditions in order to assure
fairness and equity.
(6) The Federal Government should provide
necessary information and otherwise help employees
of the Department of Energy or its contractors to
determine if their illnesses are associated with condi-
tions of their nuclear weapons-related work. It
should provide workers and their survivors with all
pertinent and available information necessary for
evaluating and processing claims. It should also en-
sure that this program minimizes the administrative
responsibilities to accomplish these goals.
(7) This situation is sufficiently unique to the
Department of Energy’s nuclear weapons production
program that it is appropriate for congressional ac-
tion.
SEC. 2. ALLOCATION OF RESPONSIBILITIES FOR ADMIN-
ISTERING PROGRAM.
(a) SECRETARY OF LABOR.—The Secretary of Labor
shall have primary responsibility for administering the En-
ergy Employees Occupational Illness Compensation Pro-
gram (hereinafter in this Act referred to as the ‘‘Pro-
gram’’) established under section 3611 of the Energy Em-
ployees Occupational Illness Compensation Program Act
of 2000 (as enacted by Public Law 106–398; 114 Stat.
1654A–497) (hereinafter in this Act referred to as the
‘‘2000 Act’’). Specifically, the Secretary shall immediately
and forthwith carry out the following with respect to the
Program:
(1) Administer and decide all questions arising
under the 2000 Act not assigned to other agencies
by that Act or this Act, including determining the
eligibility of individuals with covered occupational ill-
nesses and their survivors and adjudicating claims
for compensation and benefits.
(2) Not later than May 31, 2001, promulgate
regulations for the administration of the Program,
except for functions assigned to other agencies pur-
suant to the 2000 Act or this Act.
(3) Not later than July 31, 2001, ensure the
availability, in paper and electronic format, of forms
necessary for making claims under the Program.
(4) Develop informational materials, in coordi-
nation with the Secretary of Energy and the Sec-
retary of Health and Human Services, to help poten-
tial claimants understand the Program and the ap-
plication process, and provide these materials to in-
dividuals upon request and to the Secretary of En-
ergy and the Attorney General for dissemination to
potentially eligible individuals.
(b) SECRETARY
OF HEALTH
AND HUMAN SERV-
ICES.—The Secretary of Health and Human Services shall
carry out the following with respect to the Program:
(1) Not later than May 31, 2001, promulgate
regulations establishing—
(A) guidelines, pursuant to section 3623(c)
of the 2000 Act, to assess the likelihood that an
individual with cancer sustained the cancer in
the performance of duty at a Department of
Energy facility or an atomic weapons employer
facility, as defined by that Act; and
(B) methods, pursuant to section 3623(d)
of the 2000 Act, for arriving at and providing
reasonable estimates of the radiation doses re-
ceived by individuals applying for assistance
under the Program for whom there are inad-
equate records of radiation exposure.
(2) In accordance with procedures developed by
the Secretary of Health and Human Services, con-
sider and issue determinations on petitions by class-
es of employees to be treated as members of the
Special Exposure Cohort.
(3) With the assistance of the Secretary of En-
ergy, apply the methods promulgated under sub-
section (b)(1)(B) to estimate the radiation doses re-
ceived by individuals applying for assistance.
(4) Upon request from the Secretary of Energy,
appoint members for a physician panel or panels to
consider individual workers’ compensation claims as
part of the Worker Assistance Program under the
process established pursuant to subsection (c)(5).
(5) Provide the Advisory Board established
under section 3 with administrative services, funds,
facilities, staff, and other necessary support services
and perform the administrative functions of the
President under the Federal Advisory Committee
Act, as amended (5 U.S.C. App.), with respect to
the Advisory Board.
(c) SECRETARY OF ENERGY.—The Secretary of En-
ergy shall carry out the following with respect to the Pro-
gram:
(1) Provide the Secretary of Health and
Human Services and the Advisory Board on Radi-
ation and Worker Health access, in accordance with
law, to all relevant information pertaining to worker
exposures, including access to restricted data, and
any other technical assistance needed to carry out
their responsibilities under subsection (b)(2) and
section 3(b), respectively.
(2) Upon request from the Secretary of Health
and Human Services or the Secretary of Labor, and
as permitted by law, require a Department of En-
ergy contractor, subcontractor, or designated beryl-
lium vendor, pursuant to section 3631(c) of the
2000 Act, to provide information relevant to a claim
under the Program.
(3) Identify and notify potentially eligible indi-
viduals of the availability of compensation under the
Program.
(4) Designate, pursuant to sections 3621(4)(B)
and 3622 of the 2000 Act, atomic weapons employ-
ers and additions to the list of designated beryllium
vendors.
(5) Pursuant to Subtitle D of the 2000 Act, ne-
gotiate agreements with the chief executive officer of
each State in which there is a Department of En-
ergy facility, and other States as appropriate, to pro-
vide assistance to a Department of Energy con-
tractor employee on filing a State workers’ com-
pensation system claim, and establish a Worker As-
sistance Program to help individuals whose illness is
related to employment in the Department of Ener-
gy’s nuclear weapons complex, or the individual’s
survivor if the individual is deceased, in applying for
State workers’ compensation benefits. This assist-
ance shall include—
(A) submittal of reasonable claims to a
physician panel, appointed by the Secretary of
Health and Human Services and administered
by the Secretary of Energy, under procedures
established by the Secretary of Energy, for de-
termination of whether the individual’s illness
or death arose out of and in the course of em-
ployment by the Department of Energy or its
contractors and exposure to a toxic substance
at a Department of Energy facility; and
(B) for cases determined by the physician
panel and the Secretary of Energy under sec-
tion 3661(d) and (e) of the 2000 Act to have
arisen out of and in the course of employment
by the Department of Energy or its contractors
and exposure to a toxic substance at a Depart-
ment of Energy facility, providing assistance to
the individual in filing for workers’ compensa-
tion benefits. The Secretary shall not contest
these claims and, to the extent permitted by
law, shall direct a Department of Energy con-
tractor who employed the applicant not to con-
test the claims.
(6) Report on the Worker Assistance Program
by making publicly available on at least an annual
basis claims-related data, including the number of
claims filed, the number of illnesses found to be re-
lated to work at a Department of Energy facility,
job location and description, and number of success-
ful State workers’ compensation claims awarded.
(d) ATTORNEY GENERAL.—The Attorney General
shall carry out the following with respect to the Program:
(1) Develop procedures to notify, to the extent
possible, each claimant (or the survivor of that
claimant if deceased) whose claim for compensation
under section 5 of the Radiation Exposure Com-
pensation Act has been or is approved by the De-
partment of Justice, of the availability of supple-
mental compensation and benefits under the Pro-
gram.
(2) Identify and notify eligible covered uranium
employees or their survivors of the availability of
supplemental compensation under the Program.
(3) Upon request by the Secretary of Labor,
provide information needed to adjudicate the claim
of a covered uranium employee under the Program.
SEC. 3. ESTABLISHMENT OF ADVISORY BOARD ON RADI-
ATION AND WORKER HEALTH.
(a) ESTABLISHMENT.—Pursuant to Public Law 106–
398, there is hereby established an Advisory Board on Ra-
diation and Worker Health. The Advisory Board shall con-
sist of not more than 20 members to be appointed by the
President. Members shall include affected workers and
their representatives, and representatives from scientific
and medical communities. The President shall designate
a Chair for the Board among its members.
(b) DUTIES.—The Advisory Board shall—
(1) advise the Secretary of Health and Human
Services on the development of guidelines under sec-
tion 2(b)(1)(A);
(2) advise the Secretary of Health and Human
Services on the scientific validity and quality of dose
reconstruction efforts performed for the Program;
and
(3) upon request by the Secretary of Health
and Human Services, advise the Secretary on wheth-
er there are individuals or classes of employees at
any Department of Energy facility who were exposed
to radiation but for whom it is not feasible to esti-
mate their radiation dose with sufficient accuracy,
and on whether such radiation dose may have en-
dangered the health of members of the class.
SEC. 4. REPORTING REQUIREMENTS.
The Secretaries of Labor, Health and Human Serv-
ices, and Energy shall, as part of their annual budget sub-
missions, report to the Office of Management and Budget
on their activities under the Program, including total ex-
penditures related to benefits and program administra-
tion. Each such report shall include, among other things,
a description of the administrative structure established
within their agencies to implement the 2000 Act. In addi-
tion, the Secretary of Labor shall annually report on the
total number and types of claims for which compensation
was considered and other data pertinent to evaluating the
Federal Government’s performance in fulfilling the re-
quirements of the 2000 Act.
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