[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1758 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1758

To amend the Energy Employees Occupational Illness Compensation Program 
Act of 2000 to improve the program of 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 and illnesses, to 
 establish an ombudsman, to make technical corrections, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2003

Mr. Strickland (for himself, Mr. Whitfield, Mr. Holden, Mr. Kanjorski, 
   Ms. Slaughter, Mr. Gibbons, Mr. Brown of Ohio, Mrs. Tauscher, Ms. 
DeGette, Mr. Udall of Colorado, Mr. Cooper, Mr. Beauprez, Mr. McGovern, 
Mr. Murtha, Mr. Inslee, Mr. Davis of Tennessee, Mr. Frost, Ms. Berkley, 
 and Mr. Udall of New Mexico) 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 improve the program of 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 and illnesses, to 
 establish an ombudsman, to make technical corrections, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reform of Energy 
Workers Compensation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
   TITLE I--AUTHORIZATION OF A THIRD-PARTY PAYOR FOR DOE CONTRACTOR 
                 EMPLOYEES EXPOSED TO TOXIC SUBSTANCES

Sec. 101. Benefits.
Sec. 102. GAO report.
         TITLE II--AMENDMENTS RELATING TO SUBTITLE B OF PROGRAM

Sec. 201. Coverage for chronic renal disease.
Sec. 202. Coverage for lung cancer in covered beryllium employees.
Sec. 203. Time limits.
Sec. 204. Correcting problems in the radioepidemiologic model for 
                            determining compensation.
Sec. 205. Additional specified cancers.
Sec. 206. Coverage for individuals employed by atomic weapons employers 
                            or beryllium employees during period of 
                            residual contamination.
Sec. 207. Coordination with Radiation Exposure Compensation Act.
Sec. 208. Extension of coverage to certain workers.
Sec. 209. Report by National Institute for Occupational Safety and 
                            Health on institute's access to information 
                            relating to performing radiation dose 
                            reconstructions.
Sec. 210. Technical corrections.
        TITLE III--PROVISIONS RELATING TO EITHER SUBTITLE OF ACT

Sec. 301. Providing administrative relief in cases where medical 
                            records are not available.
Sec. 302. Resource centers and outreach programs.
Sec. 303. Office of the Ombudsman.
Sec. 304. Assignment of claims.
Sec. 305. Memorandum of agreement.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Energy Employees Occupational Illness Compensation 
        Program Act of 2000 (42 U.S.C. 7384 et seq.) (hereinafter in 
        this section referred to as ``EEOICPA'') was intended to ensure 
        the payment of timely, uniform, adequate compensation with 
        respect to covered employees (and, where applicable, survivors 
        of such employees) suffering from occupational 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 EEOICPA 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 EEOICPA on August 14, 
        2002. Those regulations require claimants to use a State 
        workers' compensation system to secure benefits after receiving 
        a positive finding 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, by virtue of State law, are structured as an adversarial 
        forum. The policy of the Department of Energy requiring its 
        contractors to adopt a non-adversarial posture within an 
        adversarial State workers' compensation 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 
        EEOICPA, 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 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 EEOICPA requires the creation 
        of a third-party payor to assure payment of valid worker 
        compensation claims.
            (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 EEOICPA in October 
        2000. Indeed, section 3613 of EEOICPA directed the 
        administration to provide such follow-up implementing 
        legislation. Although such draft legislation was forwarded to 
        Congress on January 15, 2001, no action was taken. However, in 
        December 2001, Congress adopted technical amendments to 
        EEOICPA. Since then, significant shortcomings in EEOICPA have 
        been identified as the 3 Federal agencies have begun 
        implementing EEOICPA.
    (b) Purpose.--The purpose of this Act is to amend EEOICPA to--
            (1) ensure that all meritorious claims for occupational 
        illness caused by exposure to toxic substances at Department of 
        Energy facilities are promptly, equitably, and efficiently 
        compensated under subtitle D of EEOICPA, through the 
        establishment of the Department of Labor as a third-party payor 
        and the use of the Fund established under EEOICPA;
            (2) enhance assistance to claimants through an ombudsman, 
        outreach, and resource centers;
            (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 beryllium-exposed 
        workers;
            (5) authorize the Secretary of Energy to expand dates of 
        coverage for atomic energy weapons facilities, or beryllium 
        vendors, beyond the dates for which such facilities were under 
        contract to the Atomic Energy Commission and the Department of 
        Energy, if 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;
            (6) provide for an advisory committee for the Department of 
        Energy; and
            (7) make administrative improvements and technical 
        corrections.

   TITLE I--AUTHORIZATION OF A THIRD-PARTY PAYOR 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--Third-Party Payor 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. The procedures shall 
        ensure that each such claim receives a determination by the 
        Secretary of Energy not later than 180 days after the receipt 
        of the claim.
            ``(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 a rate not to exceed 
                121 percent of the rate of pay payable for level I 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 additional medical testing or 
                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--
                    ``(A) 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; or
                    ``(B) the illness was, or the death was caused by, 
                a specified cancer under section 3621(17), and the 
                individual to which the claim relates is a member of 
                the Special Exposure Cohort who meets the requirements 
                of subparagraph (A) of section 3621(9).
            ``(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) 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.
    ``(g) Worker Advocacy Advisory Committee.--
            ``(1) Establishment.--(A) Not later than 90 days after the 
        date of the enactment of this section, the Secretary of Energy 
        shall establish and appoint a Worker Advocacy Advisory 
        Committee (hereinafter in this subsection referred to as the 
        ``Committee''). The Committee shall be comprised of not more 
        than 20 members.
            ``(B) The Secretary shall ensure that the membership of the 
        Committee reflects a balance of the following perspectives: 
        claimants; Department of Energy contractor employees; 
        Department of Energy contractors and subcontractors; State and 
        Federal workers' compensation programs; insurers; and 
        individuals with relevant medical and scientific expertise.
            ``(C) The Secretary shall make appointments to the 
        Committee in consultation with organizations with expertise on 
        worker health and worker compensation issues.
            ``(D) The Committee shall have a chair, who shall be 
        designated by the Secretary from among the members of the 
        Committee.
            ``(E) The Committee shall meet as often as necessary, but 
        not less often than on a quarterly basis.
            ``(2) Duties.--The duty of the Committee shall be to advise 
        the Secretary of Energy on the following matters under this 
        subtitle:
                    ``(A) The procedures for processing claims, 
                gathering data with respect to claims, and 
                communicating with claimants with respect to claims.
                    ``(B) The adequacy and effectiveness of the 
                exposure assessments and medical criteria used in the 
                resolution of claims.
                    ``(C) Interagency relations with the Department of 
                Labor and the National Institute for Occupational 
                Safety and Health and with willing payors for claims 
                approved by physicians panels.
                    ``(D) The administrative procedures used for the 
                operations of physicians panels.
                    ``(E) The adequacy of physicians panel 
                determinations, reviewed in a manner consistent with 
                the requirements of the Privacy Act.
                    ``(F) The concerns raised by claimants and the 
                responses to those concerns.
                    ``(G) Reforms and improvements that may require 
                legislation.
                    ``(H) Any other matters related to the operations 
                and activities of the Office of Worker Advocacy that 
                the Secretary considers appropriate.
            ``(3) Recommendations.--Any recommendations of the 
        Committee shall be transmitted to the Secretary of Energy and 
made available to the public in electronic and paper form.
            ``(4) Reports.--Not later than once every 6 months, the 
        Committee shall transmit a report detailing the activities of 
        the Committee, including its written recommendations and the 
        Secretary's response to such recommendations, to--
                    ``(A) the Committee on Armed Services, Committee on 
                Appropriations, Committee on the Judiciary, and 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate; and
                    ``(B) the Committee on Armed Services, Committee on 
                Appropriations, Committee on the Judiciary, and 
                Committee on Education and the Workforce of the House 
                of Representatives.
            ``(5) Staff.--The Secretary of Energy shall provide the 
        Committee with sufficient staff to facilitate the work of the 
        Committee.
            ``(6) Expenses.--Members of the Committee, other than full 
        time employees of the United States, while attending or 
        preparing for meetings of the Committee or while otherwise 
        serving at the request of the Secretary, while serving away 
        from their homes or regular places of businesses, shall be 
        allowed travel and meal expenses including per diem in lieu of 
        subsistence, as authorized by section 5703 of title 5, United 
        States Code, for individuals in the Government serving without 
        pay.
    ``(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) Regulations.--Not later than 120 days after the date of the 
enactment of the Reform of Energy Workers Compensation Act, the 
Secretary of Energy shall prescribe new regulations to carry out that 
Act and the amendments to this title made by that Act. The new 
regulations may, to the extent not inconsistent with this title (as so 
amended), incorporate the regulations in effect before the date of the 
enactment of that Act.
    ``(j) Transition.--Until the new regulations under subsection (i) 
are in effect, the Secretary of Energy shall, to the extent not 
inconsistent with this title (as amended by the Reform of Energy 
Workers Compensation Act) and without prejudicing any claimant, 
continue to process claims under this title (as so amended).

``SEC. 3663. PAYMENT OF BENEFITS BY DEPARTMENT OF LABOR ACTING AS A 
              THIRD-PARTY ADMINISTRATOR FOR THE DEPARTMENT OF ENERGY.

    ``(a) In General.--
            ``(1) Payments.--In each case in which section 3662(d)(3) 
        provides for the Secretary of Energy to forward a claim to the 
        Secretary of Labor for payments to be made with respect to a 
        covered DOE contractor employee, such payments shall be made in 
        accordance with this section by the Secretary of Labor.
            ``(2) Medical benefits.--Each 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 Reform of Energy 
        Workers Compensation Act.
    ``(d) Administrative and Judicial Review.--
            ``(1) In general.--The Secretary of Labor shall establish a 
        process, utilizing the process that applies under subtitle B of 
        this title to the maximum extent practicable, 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) In General.--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.
    ``(b) Reimbursement to States With Exclusive State Funds.--In a 
case referred to in subsection (a) that relates to a State workers' 
compensation system with an exclusive State fund, the Secretary of 
Labor shall provide reimbursement to such State workers' compensation 
system for the amount of workers' compensation benefits from such State 
workers' compensation system that the claimant receives after the date 
of the Secretary's determination that the claimant is entitled to 
benefits under this subtitle.

``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 Secretary of Labor, upon written request from the 
Secretary and if the Secretary 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.''.

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 and the Department of Labor 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 occupational illness.

         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 at least 
                15 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. TIME LIMITS.

    (a) Time To Process Special Exposure Cohort Petitions.--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) Time To Process Special Exposure Cohort Petitions.--
            ``(1) 180 days.--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 Secretary 
        of Health and Human Services shall approve or deny the petition 
        within 180 days after the date on which the petition was 
        received.
            ``(2) Report to congress.--If the Secretary of Health and 
        Human Services fails to approve or deny the petition within 
        such 180 days, the Secretary shall, on the 181st day, submit to 
        the congressional committees specified in paragraph (3) and 
        individual Members in the House and Senate who represent the 
        district or State in which the covered facility is located a 
        report on the failure. The report shall provide notice of the 
        failure, an explanation of the reasons for the failure, an 
        assessment of whether the petition can be approved or denied 
        promptly, and a schedule for completing all remaining steps 
        necessary to approve or deny the petition.
            ``(3) The congressional committees referred to in paragraph 
        (2) are the following committees:
                    ``(A) The Committee on Armed Services, Committee on 
                the Judiciary, Committee on Energy and Commerce, and 
                Committee on Education and the Workforce of the House 
                of Representatives.
                    ``(B) The Committee on Armed Services, Committee on 
                the Judiciary, Committee on Energy and Natural 
                Resources, and Committee on Health, Education, Labor, 
                and Pensions of the Senate.''.
    (b) Time To Process Individual Claims.--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) Deadlines for completing radiation dose reconstruction 
estimates.--
                    ``(A) Not later than 150 days after the date on 
                which the Secretary of Labor transmits to the National 
                Institute for Occupational Safety and Health a claim 
                for which an estimate referred to in paragraph (1) is 
                required, the Institute shall obtain, from the 
                Department of Energy, contractors and subcontractors of 
                the Department, atomic energy weapons employers, and 
                any other available sources, information necessary to 
                complete the estimate.
                    ``(B) Not later than 180 days after the date on 
                which the Secretary of Labor transmits to the Institute 
                such a claim, the Institute shall complete the 
                estimate.
                    ``(C) If the Institute fails to carry out the 
                requirements of either subparagraph (A) or (B) within 
                the period specified in such subparagraph--
                            ``(i) 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; and
                            ``(ii) the Institute shall, not later than 
                        5 days after clause (i) applies to a claim, 
                        provide the claimant with written notice that 
                        such clause applies to that claim and 
                        appropriate information and materials to enable 
                        the claimant to petition to be treated as a 
                        member of the Special Exposure Cohort.''.

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) Annual Report.--The National Institute for Occupational Safety 
and Health shall prepare, on an annual basis, 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 Special Exposure Cohort petitions or 
from epidemiology studies of workers or atomic bomb survivors, to be 
radiosensitive to any degree and, for each cancer so identified, 
provides a basis for that determination.
    (b) Submission to Congress and Agencies.--Not later than 90 days 
after the date of the enactment of this Act, and thereafter not later 
than February 1 of each year, 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. Each report shall, taking into 
account comments received in response to any previous reports under 
this section, identify each type of cancer that is appropriate to be 
deemed an additional specified cancer for purposes of the Special 
Exposure Cohort under 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.

    (a) Atomic Weapons Employees.--Paragraph (3) of section 3621 of the 
Energy Employees Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384l) is 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 final 
report 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 
supplement thereto, significant radioactive 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''.
    (b) Beryllium Employees.--Paragraph (7)(C) of section 3621 of that 
Act (42 U.S.C. 7384l) is 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 final 
report 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 
supplement thereto, significant beryllium 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 a covered beryllium 
illness''.
    (c) Supplemental Reports.--(1) In each of 2004, 2005, and 2006, the 
National Institute for Occupational Safety and Health shall prepare a 
supplement to the final report required by subsection (b)(2)(A)(ii) of 
section 3151 of the National Defense Authorization Act for Fiscal Year 
2002 (42 U.S.C. 7384 note). Each such supplement shall--
            (A) complete the study on whether there is significant 
        residual contamination at atomic energy weapons employer 
        facilities or beryllium vendors, for facilities where more 
        evaluation is required as of the date of such final report;
            (B) identify the date as of which significant residual 
        contamination was or will be removed from an atomic energy 
        weapons employer facility or beryllium vendor for those 
        facilities at which such contamination remained present as of 
        May 31, 2003, according to such final report; and
            (C) if new information has been made available to the 
        Institute after submitting such final report that warrants a 
        revision to an evaluation of residual contamination set forth 
        in such final report--
                    (i) describe such new information; and
                    (ii) specify each such revision.
    (2) The reports required by paragraph (1) shall, not later than May 
31 of the year in which the report was required to be prepared--
            (A) be submitted to the congressional committees specified 
        in subsection (b)(2)(B) of section 3151 of that Act; and
            (B) made available to the public in paper and electronic 
        form.

SEC. 207. COORDINATION WITH RADIATION EXPOSURE COMPENSATION ACT.

    (a) In General.--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 FEDERAL 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 1112(c) of title 38, United States Code.
    ``(b) Compensation Available, Subject to Offset, to Individuals Who 
Participated On-Site in an Atmospheric Nuclear Test.--An individual who 
files a claim after July 31, 2001, for compensation for cancer under 
subtitle B may receive such compensation even though payment has been 
made for that cancer under the Radiation Exposure Compensation Act, but 
the amount of such compensation shall be offset by the amount of any 
payment made for that cancer under either of the following paragraphs 
of section 4(a) of that Act:
            ``(1) Paragraph (1)(A)(i)(III).
            ``(2) Paragraph (2)(C).''.
    (b) Procedures Required.--The Secretary of Labor, in coordination 
with the Attorney General, shall establish procedures to identify and 
notify each individual who may be entitled to compensation by reason of 
section 3651(b) of that Act (as added by subsection (a)) of the 
availability of such compensation.

SEC. 208. EXTENSION OF COVERAGE TO CERTAIN WORKERS.

    Section 3621 of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 is amended in each of paragraphs 
(11)(B)(i) and (12)(B) by inserting after ``Department of Energy'' the 
following: ``(or other Federal agency carrying out functions with 
respect to that facility that formerly were carried out by the 
Department of Energy)''.

SEC. 209. REPORT BY NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 
              HEALTH ON INSTITUTE'S ACCESS TO INFORMATION RELATING TO 
              PERFORMING RADIATION DOSE RECONSTRUCTIONS.

    Not later than 90 days after the date of the enactment of this Act, 
the National Institute for Occupational Safety and Health shall submit 
to Congress a report on the ability of the Institute to obtain, in a 
timely, accurate, and complete manner, information that the Institute 
has requested from any element of the Department of Energy for the 
purpose of carrying out radiation dose reconstructions under the Energy 
Employees Occupational Illness Compensation Program Act of 2000. The 
report shall include the following:
            (1) An identification of each matter adversely affecting 
        the ability of the Institute to obtain such information in such 
        manner.
            (2) For each facility with respect to which the Institute 
        is carrying out one or more such dose reconstructions--
                    (A) a specification of the number of workers for 
                whom dose reconstruction has been adversely affected by 
                any matter identified under paragraph (1); and
                    (B) An identification of each claim requiring dose 
                reconstruction for which, because of any matter 
                identified under paragraph (1), dose reconstruction has 
                not been completed within 150 days after the date on 
                which the Secretary of Labor submitted the claim to the 
                Secretary of Health and Human Services.
            (3) For each facility with respect to which the Institute 
        is carrying out 10 or more such dose reconstructions, a 
        comparison on a facility-by-facility basis of the ability of 
        the Institute to obtain such information in such manner, 
        including--
                    (A) an identification of the average time to obtain 
                such information;
                    (B) a description of the degree of responsiveness 
                and cooperation from the Department of Energy in 
                providing such information; and
                    (C) an assessment of whether, and to what extent, 
                the ability of the Institute to obtain such information 
                in such manner differs from facility to facility.

SEC. 210. 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. Studies further indicate that workers at Department of 
Energy sites were exposed to levels of silica, heavy metals, and toxic 
substances that will cause, 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--PROVISIONS RELATING TO 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. 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. OUTREACH PROGRAMS AND RESOURCE CENTERS.

    ``(a) Program Required.--Not later than 60 days after the date of 
the enactment of this section, the Secretary of Labor and the Secretary 
of Energy shall commence a comprehensive program of outreach which 
provides both information about the availability of benefits to 
potential claimants and assistance to claimants in preparing their 
claims for submission to the appropriate agency. Such outreach shall be 
directed to potential claimants for all types of facilities covered 
under subtitles B and D. Such program shall utilize fixed resource 
centers, mobile outreach, mailings, and contracts with labor 
organizations with access to potential claimants. The Secretary of 
Labor and the Secretary of Energy shall conduct outreach and 
coordination of efforts with--
            ``(1) DOE contractors, atomic weapons employers, and 
        beryllium vendors (and their successors);
            ``(2) labor and community organizations that represent 
        workers at atomic weapons employer facilities, beryllium 
        vendors, federal employees, and DOE contractors and 
        subcontractors;
            ``(3) former worker medical screening programs carried out 
        under section 3162 of the National Defense Authorization Act 
        for Fiscal Year 1993 (42 U.S.C. 7274i);
            ``(4) health and welfare plans;
            ``(5) local health care providers; and
            ``(6) appropriate State agencies and units of local 
        government.
    ``(b) Outreach Centers.--(1) In carrying out the program required 
by subsection (a), the Secretary of Labor and the Secretary of Energy 
shall maintain the 10 resource centers in existence as of the date of 
the enactment of this section and shall establish new resource centers. 
Each such resource center shall be tasked with conducting outreach to 
covered facilities and covered employees in the geographic region 
served by the center, and shall assist claimants with the filing of 
their claims.
    ``(2) In establishing new resource centers as required by paragraph 
(1), the Secretary of Labor and the Secretary of Energy shall ensure 
that for every Department of Energy facility at which 7,000 or more 
employees currently employed, a new resource center is located in a 
community adjacent to the locality of that facility, unless there is an 
existing resource center within 50 miles of that facility.
    ``(3) At each new and existing resource center, the Secretary of 
Labor and the Secretary of Energy shall maintain staffing proportional 
to both demand for claimant assistance services and the need for 
thorough outreach to potential claimants related to atomic energy 
weapons employer facilities, beryllium vendors, and DOE facilities.
    ``(c) Duration.--The program required by subsection (a) shall be 
carried out, and the centers required by subsection (b) shall be 
maintained, through December 31, 2004, and for such a period beyond 
that date as demand for claimant assistance warrants.
    ``(d) Report.--(1) Not later than 180 days after the date of the 
enactment of this section, the Secretary of Labor and the Secretary of 
Energy shall submit to the congressional committees specified in 
paragraph (2) a plan on carrying out the outreach activities required 
by this section. Such plan shall identify the universe of potential 
claimants for all types of facilities, the methods used to reach such 
individuals to date, the universe of individuals not contacted, and the 
plan for reaching such potential claimants.
    ``(2) The congressional committees referred to in paragraph (1) are 
the following committees:
            ``(A) The Committee on Armed Services, Committee on the 
        Judiciary, Committee on Energy and Commerce, and Committee on 
        Education and the Workforce of the House of Representatives.
            ``(B) The Committee on Armed Services, Committee on the 
        Judiciary, Committee on Energy and Natural Resources, and 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.''.

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 enactment of this Act, the Ombudsman shall enter into the 
memoranda of agreement required by such section 3654 (as added by 
subsection (a)).

SEC. 304. ASSIGNMENT OF CLAIMS.

    Section 3647 of such Act (42 U.S.C. 7385f) is amended--
            (1) in subsection (a), by striking ``No claim cognizable'' 
        and all that follows through the period at the end and 
        inserting ``No claim cognizable under any subtitle of this 
        title shall be assignable or transferable. Compensation and 
        claims for compensation under any subtitle of this title are 
        exempt from claims of creditors.''; and
            (2) in subsection (b), by striking ``subtitle B'' and 
        inserting ``any subtitle of this title''.

SEC. 305. MEMORANDUM OF AGREEMENT.

    (a) MOA Authorized.--The Secretary of Energy and the Secretary of 
Labor may enter into a memorandum of agreement under which the 
Department of Labor carries out claims processing services under 
subtitle D of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (as amended by this Act). The Secretary of Energy 
may transfer to the Secretary of Labor amounts made available to the 
Secretary of Energy for carrying out such services.
    (b) Publication.--A memorandum of agreement entered into under 
subsection (a) shall be promptly published in the Federal Register.
                                 <all>