[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3058 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3058

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 SENATE OF THE UNITED STATES

                            October 4, 2002

  Mr. Bingaman (for himself, Mr. Bunning, Mr. Harkin, Mr. Allard, Mr. 
 Reid, and Mrs. Clinton) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 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 ``Energy Workers Compensation Act of 
2002''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (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 
                        end of the 30-day period referred to in clause 
                        (ii) or the date on which the claimant 
                        completes the supplement of the record under 
                        that clause, whichever is later, 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)(I) the acceptance of the Secretary 
                        and the basis for the acceptance; or
                            ``(II) the reversal of the negative 
                        determination by the panel and the basis for 
                        the reversal;
                            ``(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;
                    ``(B) the Secretary of Energy thereafter--
                            ``(i) shall not contest the claim;
                            ``(ii) shall not contest an award made 
                        regarding the claim; and
                            ``(iii) shall direct the DOE contractor who 
                        employed the DOE contractor employee to which 
                        the claim relates not to contest the 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, reversed, 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 
Energy Workers Compensation Act of 2002 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 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 Energy Workers 
        Compensation Act of 2002.
    ``(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, 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 
Energy Workers Compensation Act of 2002, 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, or that operated as a uranium foundry, 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 
Energy Workers Compensation Act of 2002, 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), covered employee with chronic 
        renal disease,''; and
            (2) by striking ``or radiation,'' and inserting 
        ``radiation, 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)(A) 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 MERCURY POISONING.

    (a) Definitions for Program Administration.--Section 3621 of the 
Energy Employees Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384l), as amended by section 201(a) of this Act, is further 
amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
                    ``(E) A covered employee with mercury poisoning.'';
            (2) in paragraph (15), by inserting ``or mercury 
        poisoning'' after ``chronic renal disease,''; and
            (3) by adding at the end the following new paragraph:
            ``(21) The term `covered employee with mercury poisoning' 
        means an individual determined to have sustained mercury 
        poisoning in the performance of duty in accordance with section 
        3627A.''.
    (b) Participation in Compensation Program.--Subtitle B of that Act 
(42 U.S.C. 7384l et seq.) is further amended by inserting after section 
3627 the following new section:

``SEC. 3627A. MERCURY POISONING.

    ``(a) In General.--A Department of Energy employee or Department of 
Energy contractor employee who was exposed to mercury in the 
performance of duty and who experiences mercury poisoning shall be 
treated as a covered employee for purposes of the compensation program.
    ``(b) Exposure to Mercury in Performance of Duty.--A Department of 
Energy employee or Department of Energy contractor employee shall, in 
the absence of substantial evidence to the contrary, be treated as 
having been exposed to mercury in the performance of duty for purposes 
of subsection (a) if while employed in activities associated with the 
design, production, or testing of atomic weapons, or clean-up related 
thereto, such employee was present in a Department of Energy facility 
that--
            ``(1) contained more than 100 kilograms of mercury; and
            ``(2) did not confine mercury operations to work spaces 
        with dedicated ventilation systems for the removal of airborne 
        toxic substances.
    ``(c) Mercury Poisoning.--A Department of Energy employee or 
Department of Energy contractor employee shall be treated as 
experiencing mercury poisoning for purposes of subsection (a) if such 
employee manifests a physical, psychological, or neurological illness 
consistent with mercury poisoning.
    ``(d) Determinations of Mercury Poisoning.--The Secretary of Labor 
shall utilize evaluations, tests, or other medical information obtained 
pursuant to section 3162 of the National Defense Authorization Act for 
Fiscal Year 1993 (42 U.S.C. 7274i), and may utilize any other 
evaluations, tests, information, or other means that the Secretary 
considers appropriate, to determine whether a Department of Energy 
employee or Department of Energy contractor employee manifests a 
physical, psychological, or neurological illness consistent with 
mercury poisoning for purposes of subsection (a).''.
    (c) Offset for Certain Payments.--Section 3641 of such Act (42 
U.S.C. 7385), as amended by section 201(c) of this Act, is further 
amended--
            (1) by inserting ``or covered employee with mercury 
        poisoning'' after ``covered employee with chronic renal 
        disease,''; and
            (2) by inserting ``or mercury'' after ``uranium,''.
    (d) Conforming Amendments.--The following provisions of such Act, 
as amended by section 201(d) of this Act, are further amended by 
inserting ``mercury poisoning,'' after ``chronic renal disease,'' each 
place such term appears:
            (1) Subsections (a)(1) and (b)(2)(A) 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. 203. 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. 204. 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) 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. 205. CORRECTING PROBLEMS IN THE RADIOEPIDEMIOLOGIC MODEL FOR 
              DETERMINING COMPENSATION.

    Section 3623(c)(3) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7384n(c)(3)) 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. 206. 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. 207. 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. 208. COORDINATION OF COMPENSATION AND BENEFITS FOR CANCER WITH 
              COMPENSATION AND BENEFITS UNDER OTHER RADIATION 
              COMPENSATION LAWS.

    (a) Coordination.--Section 3651 of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385j) 
is amended to read as follows:

``SEC. 3651. COORDINATION WITH OTHER RADIATION COMPENSATION LAWS.

    ``(a) In General.--Except in accordance with section 3630 and 
except as provided in subsection (b), an individual may not receive 
compensation or benefits under the compensation program for cancer and 
also receive compensation under either of the following:
            ``(1) The Radiation Exposure Compensation Act (42 U.S.C. 
        2210 note).
            ``(2) Section 112(c) of title 38, United States Code.
    ``(b) Offset.--A payment of compensation may be made to an 
individual, or the survivor of an individual, under subtitle B for 
cancer for which payment has been made under the Radiation Exposure 
Compensation Act, but the amount of such payment shall be offset by the 
amount of any payment made pursuant to section 4(a)(1)(A)(i)(III) or 
4(a)(2)(C) of that Act on account of such cancer.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 209. TECHNICAL CORRECTIONS.

    (a) Findings.--Section 3602(a)(6) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 
7384(a)(6)) 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 (in this section 
referred to as the `Office'), to assist claimants under this title.
    ``(b) Ombudsman.--
            ``(1) Appointment.--The head of the Office shall be the 
        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 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, 
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 enactment of this Act, the Ombudsman shall enter into the 
memoranda of agreement required by such section 3654 (as added by 
subsection (a)).
                                 <all>