H. R. 4200—378
inserting after ‘‘Fund’’ the following: ‘‘(or, in the case of a payment
under section 5, from the Energy Employees Occupational Illness
Compensation Fund, pursuant to section 3630(d) of the Energy
Employees Occupational Illness Compensation Program Act of
2000)’’.
SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT
OF 2000.
(a) ADVISORY BOARD.—Section 3624 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384o) is amended by adding at the end the following new sub-
sections:
‘‘(e) SECURITY CLEARANCES.—(1) The Secretary of Energy shall
ensure that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the oppor-
tunity to apply for a security clearance for any matter for which
such a clearance is appropriate. The Secretary should, not later
than 180 days after receiving a completed application, make a
determination whether or not the individual concerned is eligible
for the clearance.
‘‘(2) For fiscal year 2007 and each fiscal year thereafter, the
Secretary of Energy shall include in the budget justification mate-
rials submitted to Congress in support of the Department of Energy
budget for that fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code)
a report specifying the number of applications for security clear-
ances under this subsection, the number of such applications
granted, and the number of such applications denied.
‘‘(f) INFORMATION.—The Secretary of Energy shall, in accord-
ance with law, provide to the Board and the contractors of the
Board access to any information that the Board considers relevant
to carry out its responsibilities under this title, including informa-
tion such as Restricted Data (as defined in section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information
covered by the Privacy Act.’’.
(b) DEADLINES FOR SPECIAL EXPOSURE COHORT ACTIONS.—(1)
Section 3626 of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 7384q) is amended—
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
‘‘(c) DEADLINES.—(1) Not later than 180 days after the date
on which the President receives a petition for designation as mem-
bers of the Special Exposure Cohort, the Director of the National
Institute for Occupational Safety and Health shall submit to the
Advisory Board on Radiation and Worker Health a recommendation
on that petition, including all supporting documentation.
‘‘(2)(A) Upon receipt by the President of a recommendation
of the Advisory Board on Radiation and Worker Health that the
President should determine in the affirmative that paragraphs (1)
and (2) of subsection (b) apply to a class, the President shall
have a period of 30 days in which to determine whether such
paragraphs apply to the class and to submit that determination
(whether affirmative or negative) to Congress.
H. R. 4200—379
‘‘(B) If the determination submitted by the President under
subparagraph (A) is in the affirmative, the President shall also
submit a report meeting the requirements of section 3621(14)(C)(ii).
‘‘(C) If the President does not submit a determination required
by subparagraph (A) within the period required by subparagraph
(A), then upon the day following the expiration of that period,
it shall be deemed for purposes of section 3621(14)(C)(ii) that the
President submitted the report under that provision on that day.’’.
(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 7384l(14)(C)(ii))
is amended by striking ‘‘180 days’’ and inserting ‘‘30 days’’.
(c) SITE PROFILES.—Subtitle B of that Act is amended by adding
after section 3632 (as added by section 3163(a)) the following new
section:
‘‘SEC. 3633. COMPLETION OF SITE PROFILES.
‘‘(a) IN GENERAL.—To the extent that the Secretary of Labor
determines it useful and practicable, the Secretary of Labor shall
direct the Director of the National Institute for Occupational Safety
and Health to prepare site profiles for a Department of Energy
facility based on the records, files, and other data provided by
the Secretary of Energy and such other information as is available,
including information available from the former worker medical
screening programs of the Department of Energy.
‘‘(b) INFORMATION.—The Secretary of Energy shall furnish to
the Secretary of Labor any information that the Secretary of Labor
finds necessary or useful for the production of such site profiles,
including records from the Department of Energy former worker
medical screening program.
‘‘(c) DEFINITION.—In this section, the term ‘site profile’ means
an exposure assessment of a facility that identifies the toxic sub-
stances or processes that were commonly used in each building
or process of the facility, and the time frame during which the
potential for exposure to toxic substances existed.
‘‘(d) TIME FRAMES.—The Secretary of Health and Human Serv-
ices shall establish time frames for completing site profiles for
those Department of Energy facilities for which a site profile has
not been completed. Not later than March 1, 2005, the Secretary
of Health and Human Services shall submit to Congress a report
setting forth those time frames.’’.
SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND
REPORT.
(a) MEETING OF ADVISORY BOARD.—(1) For purposes of carrying
out section 3626 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384q), the President
shall require the Advisory Board on Radiation and Worker Health
to convene a meeting of the Board at which the Board considers
each petition for designation as members of the Special Exposure
Cohort—
(A) that was filed not later than October 1, 2004; and
(B) the evaluation of which (by the Director of the National
Institute of Occupational Safety and Health) was completed
more than 10 days before a previously scheduled meeting of
the Board.
(2) Effective March 1, 2005, this subsection shall have no fur-
ther force or effect.
(b) REPORT TO CONGRESS.—Not later than March 15, 2005,
the President shall submit to Congress a report on the status
H. R. 4200—380
of the petitions referred to in subsection (a). The report shall
include, for each petition, the estimated time to complete the consid-
eration of that petition and any anticipated actions or circumstances
that could preclude the Board from acting upon that petition before
the end of fiscal year 2005.
SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC
WEAPONS EMPLOYER FACILITIES DURING PERIODS OF
RESIDUAL CONTAMINATION.
(a) COVERAGE.—Paragraph (3) of section 3621 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. 7384l) is amended to read as follows:
‘‘(3) The term ‘atomic weapons employee’ means any of
the following:
‘‘(A) An individual employed by an atomic weapons
employer during a period when the employer was proc-
essing or producing, for the use by the United States,
material that emitted radiation and was used in the produc-
tion of an atomic weapon, excluding uranium mining and
milling.
‘‘(B) An individual employed—
‘‘(i) at a facility with respect to which the National
Institute for Occupational Safety and Health, in its
report dated October 2003 and titled ‘Report on
Residual Radioactive and Beryllium Contamination at
Atomic Weapons Employer Facilities and Beryllium
Vendor Facilities’, or any update to that report, found
that there is a potential for significant residual
contamination outside of the period in which weapons-
related production occurred;
‘‘(ii) by an atomic weapons employer or subsequent
owner or operators of a facility described in clause
(i); and
‘‘(iii) during a period, as specified in such report
or any update to such report, of potential for significant
residual radioactive contamination at such facility.’’.
(b) 
RADIATION
DOSE
FOR
CERTAIN
ATOMIC
WEAPONS
EMPLOYEES.—Section 3623 of that Act (42 U.S.C. 7384n) is amended
by adding at the end of subsection (c) the following new paragraph:
‘‘(4) In the case of an atomic weapons employee described
in section 3621(3)(B), the following doses of radiation shall be
treated, for purposes of paragraph (3)(A) of this subsection, as
part of the radiation dose received by the employee at such facility:
‘‘(A) Any dose of ionizing radiation received by that
employee from facilities, materials, devices, or byproducts used
or generated in the research, development, production, dis-
mantlement, transportation, or testing of nuclear weapons, or
from any activities to research, produce, process, store, reme-
diate, or dispose of radioactive materials by or on behalf of
the Department of Energy (except for activities covered by
Executive Order No. 12344, dated February 1, 1982 (42 U.S.C.
7158 note) pertaining to the Naval Nuclear Propulsion Pro-
gram).
‘‘(B) Any dose of ionizing radiation received by that
employee from a source not covered by subparagraph (A) that
H. R. 4200—381
is not distinguishable through reliable documentation from a
dose covered by subparagraph (A).’’.
SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF
FACILITIES.
(a) UPDATE OF REPORT.—Not later than December 31, 2006,
the Director of the National Institute for Occupational Safety and
Health shall submit to Congress an update to the report required
by section 3151(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 42 U.S.C. 7384 note).
(b) ELEMENTS.—The update shall—
(1) for each facility for which such report found that insuffi-
cient information was available to determine whether signifi-
cant residual contamination was present, determine whether
significant residual contamination was present;
(2) for each facility for which such report found that signifi-
cant residual contamination remained present as of the date
of the report, determine the date on which such contamination
ceased to be present;
(3) for each facility for which such report found that signifi-
cant residual contamination was present but for which the
Director has been unable to determine the extent to which
such contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage attributable
to such activities and, in so identifying, presume that such
contamination is attributable to such activities until there is
evidence of decontamination of residual contamination identi-
fied with atomic weapons-related activities;
(4) for each facility for which such report found significant
residual contamination, determine whether it is at least as
likely as not that such contamination could have caused an
employee who was employed at such facility only during the
residual contamination period to contract a cancer or beryllium
illness compensable under subtitle B of the Energy Employees
Occupational Illness Compensation Program Act of 2000; and
(5) if new information that pertains to the report has
been made available to the Director since that report was
submitted, identify and describe such information.
(c) PUBLICATION.—The Director shall ensure that the report
referred to in subsection (a) is published in the Federal Register
not later than 15 days after being released.
SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY
EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM IN WESTERN NEW
YORK AND WESTERN PENNSYLVANIA REGION.
(a) FINDINGS.—Congress makes the following findings:
(1) New York has 36 current or former Department of
Energy facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer facilities,
and 14 such facilities in western New York. Despite having
one of the greatest concentrations of such facilities in the United
States, western New York, and abutting areas of Pennsylvania,
continue to be severely underserved by the Energy Employees
Occupational Illness Compensation Program under the Energy
Employees Occupational Illness Compensation Program Act of
2000 (title XXXVI of the Floyd D. Spence National Defense