I 
107TH CONGRESS 
2D SESSION 
H. R. 5493
To amend the Energy Employees Occupational Illness Compensation Program 
Act of 2000 to provide benefits for contractor employees of the Depart-
ment 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, to establish an ombudsman and other-
wise reform the assistance provided to claimants under that Act, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2002
Mr. STRICKLAND (for himself, Mr. WHITFIELD, Mr. UDALL of Colorado, Mrs. 
TAUSCHER, Mr. HOLDEN, Ms. SLAUGHTER, Mr. CLEMENT, Mr. UDALL 
of New Mexico, Mr. LUCAS of Kentucky, and Mr. KANJORSKI) 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 subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 to provide benefits for 
contractor employees of the Department of Energy who 
were exposed to toxic substances at Department of En-
ergy facilities, to provide coverage under subtitle B of 
that Act for certain additional individuals, to establish 
an ombudsman and otherwise reform the assistance pro-
vided to claimants under that Act, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reform of Energy 
Workers Compensation Act’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The Energy Employees Occupational Illness 
Compensation Program Act of 2000 (the ‘‘Act’’) was 
intended to ensure timely, uniform, and adequate 
compensation of covered employees (and, where ap-
plicable, survivors of such employees) suffering from 
illnesses incurred by such employees in the perform-
ance of duty for the Department of Energy and cer-
tain of its contractors, subcontractors, and vendors, 
and to provide parity for uranium miners 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 
the Act 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 the 
Act on August 14, 2002. Those regulations require 
claimants to use a State workers’ compensation sys-
tem to secure benefits after receiving a positive find-
ings from a Department of Energy physicians panel. 
The Department of Energy has conceded, 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 posi-
tive determination from a Department 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 are struc-
tured as an adversarial forum. The policy of insert-
ing a non-adversarial respondent in an adversarial 
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 the Act or under chapter 81 of title 5, United 
States Code (known as the Federal Employees Com-
pensation Act), as doing so would assure that dis-
abilities related to occupational illnesses would be 
compensated 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 with state worker 
compensation 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 implementation of sub-
title D of the Act requires reform, refinement, and 
clarification. 
(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 
the Act and, in section 3613 of the Act, directed the 
administration to provide such legislation. Although 
such legislation was forwarded on January 15, 2001,
and Congress adopted technical amendments to the 
Act in 2001, significant shortcomings in the Act 
have been identified as the Act has been imple-
mented. 
(b) PURPOSE.—The purpose of this Act is to amend 
the Energy Employees Occupational Illness Compensation 
Program Act of 2000 to—
(1) ensure that meritorious claims for exposure 
to toxic substances at Department of Energy facili-
ties are compensated under subtitle D of the Act; 
(2) enhance assistance to claimants at the De-
partment of Labor; 
(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 covered 
beryllium workers; and 
(5) make administrative improvements and 
technical corrections.
TITLE I—WORKERS’ COMPENSA-
TION 
BENEFITS 
FOR 
DOE 
CONTRACTOR 
EMPLOYEES 
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—Workers’ Compensa-
tion 
Benefits 
for 
DOE 
Con-
tractor Employees Exposed 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 
claim relating to that employee is forwarded by the 
Secretary of Energy under section 3662(d)(3)(A) to 
the Secretary of Labor for payment under section 
3663. 
‘‘(4) The term ‘specified illness’ means, with re-
spect to a covered DOE contractor employee, the ill-
ness by reason of which the claim relating to that 
employee was forwarded by the Secretary of Energy 
under section 3662(d)(3)(A) to the Secretary of 
Labor for payment under section 3663. 
‘‘SEC. 3662. DETERMINATIONS OF CAUSATION BY DEPART-
MENT OF ENERGY. 
‘‘(a) PROCEDURE FOR SUBMITTING CLAIMS.—
‘‘(1) IN GENERAL.—The Secretary of Energy 
shall establish, by regulation, procedures under
which an individual may submit a claim for benefits 
under this subtitle due to occupational illness from 
exposure to toxic substances. 
‘‘(2) NOTICE TO CLAIMANT.—Not later than 10 
days after the receipt of a claim under paragraph 
(1), the Secretary of Energy shall notify the claim-
ant of the receipt of the claim and provide the name, 
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 the rate of pay payable for level 
III of the Executive Schedule for each day (in-
cluding 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 assess-
ments of exposures to toxic substances at De-
partment of Energy 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 exposure to the toxic substance 
(or substances, as the case may be) was a significant 
factor which aggravated, contributed to, or caused 
the illness or death. 
‘‘(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) OUTREACH.—The Secretary of Energy, in co-
operation with the Secretary of Labor, shall carry out a 
program of outreach and education about the availability 
of benefits under this subtitle. The Secretary shall make 
available in paper and electronic format forms and infor-
mation available for potential claimants. As part of the
program of outreach, the Secretary shall conduct notifica-
tion by mail and use the former worker medical screening 
programs to notify, educate, and assist claimants. 
‘‘(g) 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. 
‘‘(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) APPLICABILITY OF EXISTING REGULATIONS.—
In implementing the Reform of Energy Workers Com-
pensation Act and the amendments to this title made by 
that Act, regulations prescribed by the Secretary of En-
ergy before the date of the enactment of that Act may, 
to the extent not inconsistent with this title (as so amend-
ed), continue to apply to this title. 
‘‘SEC. 3663. PAYMENT OF BENEFITS BY DEPARTMENT OF 
LABOR. 
‘‘(a) IN GENERAL.—
‘‘(1) PAYMENTS.—Payments shall be made with 
respect to a covered DOE contractor employee in ac-
cordance with this section for the disability or death 
of that employee resulting from that employee’s 
specified illness. 
‘‘(2) MEDICAL
BENEFITS.—A 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, when authorized or 
approved by the President, 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 under which a claimant may 
obtain administrative review of any adverse deter-
mination by the Secretary of Labor under this sec-
tion. Such process shall not apply to any adverse de-
termination by the Secretary of Energy.