Revises EEOIPA subtitle B program administration provisions to add as covered illnesses: (1) chronic renal disease, for uranium workers; and (2) lung cancer, among beryllium-related diseases. Revises provisions relating to: (1) a special exposure cohort expansion procedure; (2) the radioepidemiologic model for determining compensation; and (3) additional specified cancers.
Provides administrative assistance for claimants under either subtitle B or D, including administrative relief and proof where medical records are not available, resource centers, and outreach programs. Establishes within the Office of the Secretary of Labor the Office of the Ombudsman for Occupational Illness Compensation, which is to coordinate activities of the Secretaries of Labor, Energy, and HHS under EEOICPA.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5493 Introduced in House (IH)]
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
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, to establish an ombudsman and
otherwise 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
committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Employees Occupational Illness Compensation Program
Act of 2000 to provide 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, to establish an ombudsman and
otherwise reform the assistance provided to claimants under that Act,
and for other purposes.
Be it enacted by the Senate and House of Representatives 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 applicable, survivors of such employees) suffering
from illnesses incurred by such employees in the performance of
duty for the Department of Energy and certain 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 radiation dose reconstruction for cancer claims and
evaluate petitions for Special Exposure Cohorts.
(4) The Department of Energy finalized its regulations
governing claims under Subtitle D of the Act on August 14,
2002. Those regulations require claimants to use a State
workers' compensation system to secure benefits after receiving
a positive findings 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 positive 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 Department to adopt a non-
adversarial posture in state workers' compensation proceedings,
which are structured as an adversarial forum. The policy of
inserting a non-adversarial respondent in an adversarial system
should be remedied by utilizing a non-adversarial dispute
resolution system. Taxpayers would also benefit from placing
claimants in a non-adversarial system, such as the type of
systems administered 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 Compensation Act), as doing so
would assure that disabilities 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 Energy'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
subtitle D of the Act requires reform, refinement, and
clarification.
(7) Certain renal diseases related to uranium exposure and
cancers related to employment by beryllium vendors should be
added to coverage under subtitle B.
(8) Congress intended that follow-up implementing
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 implemented.
(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 facilities are compensated
under subtitle D of the Act;
(2) enhance assistance to claimants at the Department of
Labor;
(3) ensure that there is parity in treatment of chronic
renal disease between uranium-exposed Department of Energy
employees (including employees of contractors, subcontractors,
and atomic weapons employer facilities) and the uranium-exposed
workers 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' COMPENSATION BENEFITS FOR DOE CONTRACTOR EMPLOYEES
EXPOSED TO TOXIC SUBSTANCES
SEC. 101. BENEFITS.
Subtitle D of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385o) is amended to read
as follows:
``Subtitle D--Workers' Compensation Benefits for DOE Contractor
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 corporation, 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 subcontractor
at any tier) of the Department of Energy.
``(B) An employee of a contractor (or subcontractor
at any tier) of USEC, a Government-owned corporation,
during the period beginning on July 1, 1993, and ending
on July 28, 1998.
``(3) The term `covered DOE contractor employee' 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 respect to a
covered DOE contractor employee, the illness 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 DEPARTMENT 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 claimant of the receipt of the claim and
provide the name, address, and phone number of a person capable
of answering questions and providing additional information
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 employee's estate.
``(B) The illness or death of the DOE contractor
employee may have been related to employment 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 Secretary shall--
``(i) not later than 10 days after making
such determination, notify the claimant of such
determination;
``(ii) ensure that the claimant is afforded
the opportunity to review the entire record,
and to supplement the record within 30 days
after the date on which information is provided
by the DOE contractor, before the claim is
submitted to a physicians panel;
``(iii) not later than 10 days after the
claimant supplements the record under clause
(ii), submit the claim to a physicians panel
for review under subsection (c); and
``(iv) not later than 10 days after
submitting the claim to a physicians panel,
notify 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 physicians needed for each
panel, and the area of jurisdiction of each panel.
``(B) The Secretary of Health and Human Services
shall appoint panel members with experience and
competency in diagnosing occupational 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 (including travel time) the member is engaged
in the work of a panel.
``(C) A panel established under this subsection
shall not be subject to the Federal Advisory 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 Secretary of
Energy and a DOE contractor who employed a DOE
contractor employee shall provide additional
information relevant to the panel's deliberations. A
panel may consult specialists in relevant fields as it
determines necessary.
``(C) In any case in which the panel finds that
additional diagnostic testing or an exposure assessment
is necessary to the panel's deliberations--
``(i) the panel shall so notify the
Secretary of Energy and the claimant;
``(ii) the claimant may obtain such
diagnostic 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 National 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 authorized to
enter into or modify cooperative agreements 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 assessments of exposures to toxic
substances at Department 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 subsection and shall
determine, under guidelines established 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
employment by the Department of Energy and exposure to a toxic
substance at a Department of Energy facility. 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 determination 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 subsection (c)(3), information the
panel considered in reaching its determination, any relevant
new information not reasonably available at the time of the
panel's deliberations, and the basis for the panel's
determination.
``(2) Acceptance of panel determination.--As a result of
the review under paragraph (1), the Secretary shall accept the
panel's determination in the absence of a preponderance of
evidence to the contrary.
``(3) Action upon accepted claims.--If the panel has made a
positive determination under subsection (c)(3) and the
Secretary accepts the determination 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, together with information relating
to--
``(i) the DOE contractor employee to whom
the claim relates;
``(ii) the illness to which the claim
relates;
``(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 Secretary
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 employee 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 contractor employee who is the subject
of the claim shall not be an allowable cost under a
Department of Energy contract.
``(e) Access to Information.--
``(1) Duty to provide information.--At the request of the
Secretary of Energy, a DOE contractor 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 cooperation 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
information available for potential claimants. As part of the program
of outreach, the Secretary shall conduct notification 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 administrative review of any adverse determination by the
Secretary under subsection (b) or (d) or by a panel under subsection
(c). The results of any such administrative review shall be deemed to
be a final agency action subject to judicial review.
``(h) Report to Congress.--Not later than February 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 subsection (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 contractors
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 Compensation Act and the amendments to this
title made by that Act, regulations prescribed by the Secretary of
Energy before the date of the enactment of that Act may, to the extent
not inconsistent with this title (as so amended), 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 accordance 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 illness.
``(3) Payment from fund.--The compensation 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 Secretary of Labor shall
have the duty to carry out this section.
``(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 provisions:
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 Secretary of Labor shall
prescribe additional regulations for resolving claims under
this subtitle of partial or total loss of use of function of
organs or physiological systems that are not already covered by
existing 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 determination by the Secretary of Labor under
this section. Such process shall not apply to any adverse
determination 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 pursuant to this
subsection, attorney fees shall be available 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 RESOLUTION 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 manner.
``(b) No Statute of Limitations.--A claim under this subtitle shall
not be barred by any statute of limitations.
``SEC. 3665. OFFSET FOR CERTAIN PAYMENTS.
``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 workers'
compensation system shall receive the benefits specified 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.
``SEC. 3666. SUBROGATION OF THE UNITED STATES NOT APPLICABLE.
``Notwithstanding any other provision of law, the United States has
no right of subrogation against any person 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 internal revenue
laws of the United States as damages for human suffering; and
``(2) shall not be included as income or resources for
purposes of determining eligibility to receive 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 considered 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 FELONS.
``(a) Forfeiture of Compensation.--Any individual convicted of a
violation of section 1920 of title 18, United States Code, or any other
Federal or State criminal statute relating to fraud in the application
for or receipt 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 President, upon written request from the President and
if the President requires the information to carry out this section,
the names and Social Security account numbers of individuals confined,
for conviction of a felony, in a jail, prison, or other penal
institution or correctional facility under the jurisdiction of that
agency.
``SEC. 3670. EXCLUSIVITY OF REMEDY.
``The liability of the United States or a DOE contractor 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
representative, 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 proceeding, in a civil action, or in admiralty,
except for a State workers' compensation proceeding or a State
intentional 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 SUBTITLE 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 person, 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. In no
case shall a claimant obtain double indemnity wage replacement benefits
for specified illness under this subtitle.
``SEC. 3672. ASSIGNMENT OF CLAIM.
``An assignment of a claim for compensation under this subtitle is
void. Compensation and claims for compensation are exempt from claims
of creditors.''.
SEC. 102. GAO REPORT.
Not later than February 1, 2004, the Comptroller General shall
submit to Congress a report on the implementation by the Department of
Energy of subtitle D of the Energy Employees Occupational 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 contractor employees in obtaining compensation for exposure to a
toxic substance at a Department of Energy facility.
TITLE II--AMENDMENTS RELATING TO SUBTITLE B OF PROGRAM
SEC. 201. COVERAGE FOR CHRONIC RENAL DISEASE.
(a) Definitions for Program Administration.--Section 3621 of the
Energy Employees Occupational Illness 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 performance 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 substantial evidence to the contrary,
be determined to have sustained chronic renal disease in the
performance of duty for purposes of the compensation program if the
individual--
``(A) was employed in a Department of Energy facility (in
the case of a Department of Energy employee or a Department of
Energy contractor employee) or an atomic weapons employer
facility (in the case of an atomic weapons employee) that
conducted uranium processing, converting, refining, enriching,
extruding, calcining, machining, or rolling, or that operated
as a uranium foundry;
``(B) carried out job functions while so employed that
resulted in the potential for exposure, inhalation, or uptake
of uranium or uranium compounds for at least 250 days; and
``(C) submits medical evidence that the individual, after
commencing the employment specified in subparagraph (A),
contracted chronic renal disease.
``(2) Not later than 60 days after the date of the enactment of the
Reform of Energy Workers Compensation Act, the Secretary of Energy
shall designate a list of Department of Energy facilities and atomic
weapons employer facilities that were engaged in uranium processing,
converting, refining, enriching, extruding, calcining, machining, 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 enactment of the
Reform of Energy Workers Compensation Act, the Secretary of Labor, in
consultation with the Secretary 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 ``covered 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 provisions 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 BERYLLIUM EMPLOYEES.
Section 3621(8) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l(8)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D)
and, in that subparagraph, by striking ``or (B)'' and inserting
``(B), or (C)''; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Lung cancer, if such cancer occurs within 5
years after the date on which the employee is
determined to have been first exposed to beryllium in
the performance of duty in accordance with section
3623(a).''.
SEC. 203. CLARIFICATION OF SPECIAL EXPOSURE COHORT EXPANSION PROCEDURE.
(a) Automatic Designation by Lapse of Time.--Section 3626 of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384q) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Automatic Designation by Lapse of Time.--Notwithstanding
subsection (b), if a class of employees described in subsection (a)(1)
petitions to be treated as members of the Special Exposure Cohort under
subsection (a)(3), the members of that class shall, as of the
expiration of the 180-day period beginning with the date on which the
petition was received, be deemed to be members of the Special Exposure
Cohort for purposes of the compensation program, unless before the
expiration of that period the petition is denied.''.
(b) Individual Presumption by Lapse of Time.--Section 3623 of that
Act (42 U.S.C. 7384n) is amended by adding at the end of subsection (d)
the following new paragraph:
``(3) Deadline for completing dose reconstruction estimates.--An
estimate referred to in paragraph (1) shall be completed by the
Secretary of Health and Human Services within 150 days after the date
on which the Department of Labor submits to the Secretary of Health and
Human Services the claim for which the estimate is required. If such
estimate cannot be completed before the expiration of such period, it
shall be deemed, for purposes of section 3626(b)(1), that it is not
feasible to estimate with sufficient accuracy the radiation dose
received by the individual to which the claim relates.''.
SEC. 204. CORRECTING PROBLEMS IN THE RADIOEPIDEMIOLOGIC MODEL FOR
DETERMINING COMPENSATION.
Subsection (c)(3) of section 3623 of the Energy Employees
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 activities
(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 subparagraph:
``(D) provide the benefit of the doubt to the
claimant wherever there is reasonable scientific
evidence to justify compensation, including such
factors as dose rate effectiveness of low dose
radiation, bias due to selection effects, and
increasing risks from radiation with increasing age at
exposure.''.
SEC. 205. ADDITIONAL SPECIFIED CANCERS.
(a) Report.--The National Institute for Occupational Safety and
Health shall prepare 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
epidemiology studies of workers or atomic bomb survivors to be
radiosensitive and, for each cancer so identified, provides a basis for
that determination. Not later than 90 days after the date of the
enactment of this Act, the Institute shall submit the report to
Congress, the Secretary of Labor, and the Advisory Board on Radiation
and Worker Health, and shall publish the report in the Federal
Register, for public review and comment.
(b) Final Report.--Not later than 180 days after the date of the
enactment of this Act, the Institute shall submit to Congress, the
Secretary of Labor, the Secretary of Health and Human Services, and the
Advisory Board on Radiation and Worker Health a final report, taking
into account comments received in response to the report under
subsection (a), that identifies each type of cancer that is appropriate
to be deemed an additional specified cancer for purposes of the Energy
Employees Occupational Illness Compensation Program Act of 2000.
SEC. 206. COVERAGE FOR INDIVIDUALS EMPLOYED BY ATOMIC WEAPONS EMPLOYERS
OR BERYLLIUM EMPLOYEES DURING PERIOD OF RESIDUAL
CONTAMINATION.
Paragraphs (3) and (7)(C) of section 3621 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l)
are each amended by inserting before the period at the end the
following: ``, or during a period when, as specified by the National
Institute for Occupational Safety and Health in the 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,
significant contamination remained in a facility of the employer after
such facility discontinued activities relating to the production of
nuclear weapons and such contamination could have caused or
substantially contributed to the cancer of a covered employee with
cancer or a covered beryllium illness, as the case may be''.
SEC. 207. TECHNICAL CORRECTIONS.
(a) Findings.--Section 3602(a)(6) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 is amended by
striking the second sentence and inserting the following:
``Furthermore, studies indicate that 98 percent of radiation-induced
cancers within the Department of Energy nuclear weapons complex occur
at dose levels below the existing thresholds for establishing proof of
causation. Those studies further indicate that workers at Department of
Energy sites were exposed to levels of silica, heavy metals, and toxic
substances that will lead, contribute to, or aggravate illnesses or
diseases.''.
(b) Payments in the Case of Deceased Persons.--Section
3628(e)(3)(A) (42 U.S.C. 7384s(e)(3)(A)) of such Act is amended by
inserting before the semicolon the following: ``, or a wife or husband
of that individual who was married to that individual immediately
before the death of that individual and filed, on or before December
28, 2001, a claim in that capacity under this subtitle''.
TITLE III--ADMINISTRATIVE ASSISTANCE FOR CLAIMANTS UNDER EITHER
SUBTITLE OF ACT
SEC. 301. PROVIDING ADMINISTRATIVE RELIEF IN CASES WHERE MEDICAL
RECORDS ARE NOT AVAILABLE.
Subtitle C of the Energy Employees Occupational Illness
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 AVAILABLE.
``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 section 3661), an atomic energy weapons
employer, or a beryllium vendor is unable to locate medical records
necessary 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
considered in determining the medical evidence relating to the
claim.''.
SEC. 302. RESOURCE CENTERS AND OUTREACH PROGRAMS.
Subtitle C of such Act is further amended by adding after section
3652 (as added by section 301) the following new section:
``SEC. 3653. RESOURCE CENTERS AND OUTREACH PROGRAMS.
``(a) Requirement.--The Secretary of Labor and the Secretary of
Energy shall maintain resource centers and outreach programs relating
to the availability of benefits under any subtitle of this title. Such
centers shall be staffed and maintained proportional to the demand for
assistance and follow-up.
``(b) Underserved Areas.--The resource centers required by
subsection (a) shall include one or more resource centers in each
underserved area near a Department of Energy facility.
``(c) Duration.--(1) Except as provided in paragraph (2), such
centers and programs shall be maintained through September 30, 2004.
``(2) In the case of a resource center in an underserved area
referred to in subsection (b), such center shall be maintained until
demand is exhausted.''.
SEC. 303. OFFICE OF THE OMBUDSMAN.
(a) In General.--Subtitle C of such Act is further amended by
adding after section 3653 (as added by section 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 consultation 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 advocate.
``(B) Training as a health care provider with
knowledge of occupational illness and disease.
``(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 circumstances 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 available 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 respect to such claims, in speed, equity,
fairness, or compliance with statutes and regulations.
``(8) With respect to individuals filing complaints or
requests for information under this title--
``(A) to respond within 30 days after receiving
such a complaint or request;
``(B) to maintain reasonable communication with the
individual until the matter is resolved; and
``(C) to maintain, as confidential and privileged,
the identity of the individual, unless such
confidentiality or privilege is otherwise waived.
``(9) To maintain and publish a telephone number, facsimile
number, electronic mail address, and post office address for
the Office.
``(d) Limitation.--The Ombudsman may not reverse 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 processing such claims,
with the offices of the Department of Energy, Department of
Labor, and Department 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 general.
``(f) Cooperation With Federal Agencies.--Federal agencies and the
officials responsible for the implementation of this title shall assist
the Ombudsman in carrying out this section and shall promptly make
available to the Ombudsman all information requested by the Ombudsman.
The Ombudsman shall cooperate with such agencies and officials.
``(g) Coordination.--The Ombudsman shall coordinate 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
entered 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 Secretaries of Energy, Health and Human Services, and
Labor. No official outside the Office may require such outside
official'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 difficulties
encountered by claimants under this title.
``(3) Recommended changes to the administrative practices
of the Federal agencies with responsibility under this title.
``(4) Recommended legislative changes that may be
appropriate to mitigate problems with the implementation 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 section 3654 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (as added by subsection (a)).
(c) Memoranda of Agreement.--Not later than 90 days after the date
of the enact
Introduced in House
Introduced in House
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 committee concerned.
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 committee concerned.
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 committee concerned.
Sponsor introductory remarks on measure. (CR E1699)
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Referred to the Subcommittee on Workforce Protections.
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