109 HR 5840 IH: Energy Employees Occupational Illness
U.S. House of Representatives
2006-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; references;
effective date
(a)This Act may be cited as the Energy Employees Occupational Illness Compensation Program
Improvement Act of 2006
.
(b)Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384
et seq.).
(c)Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect 30 days after the date of the
enactment of this Act.
2.The Congress finds as follows:
(1)The Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in this
Act as the EEOICPA
) was intended to—
(A)ensure the payment
of timely, uniform, adequate compensation
to covered employees
(and, where applicable, survivors of such employees) for 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
(B)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), are assigned
responsibilities under the EEOICPA pursuant to Executive Order 13179,
Providing Compensation to America's Nuclear Weapons Workers
(December 7, 2000; 65 Fed. Reg. 77487).
(3)The Department of
Labor began accepting claims under Subtitle B of the EEOICPA on July 31,
2001
(4)The Department of
Health and Human Services (HHS), through the National Institute for
Occupational Safety and Health (NIOSH), performs radiation dose reconstruction
for cancer claims under the EEOICPA.
(5)Atomic workers served the Nation and
improved national defense by building and testing nuclear weapons, while
putting their health in jeopardy from exposure to radiation, beryllium, and
other toxic substances. Claims for radiation-related cancers depend on credible
and complete radiation records. Because the radiation exposure of some workers
was unmonitored, and in certain circumstances it is not feasible to estimate
radiation dose with sufficient accuracy, Congress provided that workers may
petition to be members of the Special Exposure Cohort (SEC). Members of the SEC
receive an automatic presumption that their cancer is the result of
occupational exposure to ionizing radiation. Twenty-two cancers are covered
under this presumption. Under subtitle B of the EEOICPA, covered claimants
receive a $150,000 lump sum benefit plus prospective medical costs.
(6)Executive Order
13179 directs the Secretary of Health and Human Services to promulgate
regulations for establishing membership in the Special Exposure Cohort, and to
consider and issue determinations on petitions by classes of employees
requesting recognition as members of the SEC.
(7)As prescribed by the EEOICPA, the Secretary
of Health and Human Services may, subject to a recommendation by the Advisory
Board on Radiation and Worker Health (referred to in this section as the
Advisory Board
), designate additional classes of workers as
members of the Special Exposure Cohort without further legislative action,
if—
(A)it is not feasible
to estimate with sufficient accuracy the radiation dose that members of the
class received; and
(B)there is a
reasonable likelihood that such radiation dose may have endangered the health
of the members of the class.
(8)There is a
four-step administrative review process for evaluating SEC Petitions. The
process is as follows:
(A)The National Institute
for Occupational Safety and Health receives an SEC petition and determines
whether the petition meets the regulatory requirements for the petition to be
evaluated, and then evaluates each qualified petition to determine whether it
is feasible given the available radiation monitoring data to estimate radiation
dose with sufficient accuracy. Following such evaluation, the National
Institute for Occupational Safety and Health issues a written recommendation to
the petitioners and the Advisory Board.
(B)The Advisory Board
conducts an independent review of the evaluation by and recommendation from the
National Institute for Occupational Safety and Health, and makes a
recommendation to the Secretary of Health and Human Services regarding the
petition. Subject to Advisory Board direction, a technical support contractor
may be used to assess technical issues related to the petition, evaluation
report, or recommendation.
(C)Not later than 30 days
after receipt of the Advisory Board’s recommendation, the Secretary of Health
and Human Services issues a final agency decision to grant or deny the
petition, and transmits such decision to Congress.
(D)Congress has 30 days to
review the Secretary's decision. If Congress does not legislatively reverse the
Secretary's decision within 30 days, it will go into effect as ordered by the
Secretary
(9)In late 2005, the
Office of Management and Budget issued a Passback communication to the
Department of Labor that contained the following statement:
Energy
Employees Occupational Illness Compensation Program Act (EEOICPA) Part
BESA (Department of Labor’s Employment Standard’s
Administration) is to be commended for identifying the potential for a large
expansion of EEOICPA Part B benefits through the designation of Special
Exposure Cohorts (SEC). The Administration will convene a White House-led
interagency work group including HHS and Energy to develop options for
administrative procedures to contain growth in the cost of benefits provided by
the program. Discussions are not limited to, but will involve, the following
five options.
1.Require
Administration clearance of SEC determination[s];
2.Address any
imbalance in membership of President’s Advisory Board on Radiation and Worker
Health;
3.Require an
expedited review by outside experts of SEC recommendations by NIOSH;
4.Require NIOSH to
apply conflict of interest
rules and constraints to the Advisory
Board’s contractor; and
5.Require that NIOSH
demonstrate that its site profiles and other dose reconstruction guidance are
balance[d].
.
(10)Congress finds that the policies outlined
in the Office of Management and Budget Passback statement referred to in
paragraph (9), if implemented, will
contravene Congressional intent and weaken statutory checks and balances
designed to ensure scientifically credible and fair decisions regarding SEC
designations. Administration clearance
could result in the
substitution of budget logic for scientific findings; addressing any
imbalance in the Advisory Board
could result in an Advisory
Board tilted against SEC designations; imposing constraints
could allow agency officials to interfere with the independence of the audit
contractor supporting the Advisory Board, and; expedited reviews by
outside experts
could lead to costly, time consuming, and extralegal
reviews of Advisory Board recommendations.
(11)There is no evidence that unwarranted
Special Exposure Cohort petitions have been granted, or that any actions have
been taken that would otherwise justify any of the five options outlined in the
Office of Management and Budget Passback statement referred to in
paragraph (9).
(12)Two Advisory
Board members were removed by the President in 2006 without apparent cause, and
currently the Advisory Board composition is not balanced, as required by
EEOICPA and the Federal Advisory Committee Act.
(13)The amendments
made by this Act to the Energy Employees Occupational Illness Compensation
Program Act of 2000 ensure that classes of employees who apply for membership
in the Special Exposure Cohort by reason of illnesses arising out of exposure
to radiation while performing work in support of the Nation’s nuclear weapons
programs receive a fair determination of their claims.
3.Compensation
program and compensation fundSection 3612(e) (42 U.S.C. 7384e(e)) is
amended—
(1)in the heading of
the subsection, by striking not paid from compensation fund
;
(2)by striking
No costs incurred
and inserting (1)
In general—No
costs incurred
; and
(3)by
adding at the end the following:
(2)Administrative
costs and annual budget requirements of agencies
(A)
(i)The Secretary of
the Department of Labor shall include as part of the annual budget request for
the Department any administrative costs necessary to carry out its
responsibilities under this Act. Appropriations shall be allocated in
appropriations acts directly to the Department of Labor to carry out its
responsibilities under this Act.
(ii)To ensure the timely transfer of records
and information needed by the Department of Labor and the Department of Health
and Human Services for claims adjudication, the Secretary of the Department of
Labor may transfer funds to the Department of Energy, if appropriations made
available to the Department of Energy under other appropriation Acts are
insufficient for the Department of Energy to carry out its responsibilities
under this Act.
(B)National
Institute for Occupational Safety and HealthThe Secretary of
Health and Human Services shall include as part of the annual budget request
for the National Institute for Occupational Safety and Health any
administrative costs necessary for the National Institute for Occupational
Safety and Health to carry out its responsibilities under this
Act.Appropriations shall be allocated in appropriations acts directly to the
Department of Health and Human Services to carry out its responsibilities under
this Act.
(C)Advisory Board
on Radiation and Worker Health
(i)The Secretary of the Department of Health
and Human Services shall include as part of the annual budget request for the
Department any administrative costs and any staff and contract support costs
necessary for the Advisory Board on Radiation and Worker Health (in this
section referred to as the Advisory Board
) to carry out its
responsibilities under this Act. Appropriations shall be allocated in
appropriations Acts directly to the Department of Health and Human Services for
the Advisory Board to carry out its responsibilities under this Act.
Appropriations Acts shall also designate a line item for the Advisory Board,
separate from the budget for the Department of Health and Human Services, for
the activities of the Advisory Board related to the compensation program under
this Act.
(ii)An annual budget request for the Advisory
Board shall be prepared by the Advisory Board, in consultation with the
Designated Federal official appointed under section 3624(c)(1)(B), and
submitted to the Secretary of the Department of Health and Human Services on a
schedule to be established by the Secretary. If the amount requested by the
Advisory Board is modified by the Secretary, the amount requested by the
Advisory Board and any modifications shall be identified and explained in the
budget
request.
.
4.Subcontractors of
atomic weapons employersSection 3621(3)(A) (42 U.S.C.
7384l(3)(A)) is amended by inserting , or a
subcontractor of an atomic weapons employer,
after an atomic
weapons employer
.
5.Expansion of list
of beryllium vendorsSection
3622 (42 U.S.C. 7384m) is amended—
(1)by striking
Not later than December 31, 2002, the President may, in consultation
with the Secretary of Energy,
and inserting The Secretary of
Energy shall, on or before December 31, 2006, and annually thereafter until
December 31, 2010,
; and
(2)by
striking the President finds
and inserting the Secretary
of Energy finds
.
6.Allocation of
responsibilities for program administration
(a)Paragraph
(14) of section 3621 (42 U.S.C. 7384l) is amended by striking
the President
each place is appears in subparagraph (C) and
inserting the Secretary of Health and Human Services
.
(b)Exposure in the
performance of dutySection 3623 (42 U.S.C. 7384n) is
amended—
(1)in subsection
(c)—
(A)in paragraph (1),
by striking the President
and inserting the Secretary of
Health and Human Services
;
(B)in paragraph (2), by striking The
President
and inserting The Secretary of Health and Human
Services
; and
(C)in paragraph
(3)(C), by striking past health-related activities (such as
smoking),
; and
(2)in subsection
(d)—
(A)in paragraph (1),
by striking The President shall
through President may
designate,
and inserting The Secretary of Health and Human
Services shall
; and
(B)in paragraph (2), by striking the
President
and inserting the Secretary of Health and Human
Services
.
7.Advisory Board on
Radiation and Worker HealthSection 3624 (42 U.S.C. 7384o) is
amended—
(1)by amending
subsection (a) to read as follows:
(a)
(1)Not later than 90
days after the date of the enactment of the Energy Employees Occupational Illness Compensation Program
Improvement Act of 2006, the members of the Advisory Board on
Radiation and Worker Health (referred to in this section as the
Board
), as of the day before the date of enactment of such Act,
shall be removed from their positions on the Board, and new members of the
Board shall be appointed in accordance with
paragraph (2). Any individual who is a
member of the Board on the day before the date of enactment of such Act, and
who is removed in accordance with this paragraph, may be reappointed to the
Board in accordance with
paragraph (2).
(2)The Board shall be
made up of 12 members, and the members shall be appointed as follows:
(A)Three members shall be appointed by the
Speaker of the House of Representatives.
(B)Three members shall be appointed by the
President of the Senate.
(C)Three members shall be appointed by the
minority leader of the House of Representatives.
(D)Three members shall be appointed by the
minority leader of the Senate.
(3)The three members appointed by each
appointing authority described in
paragraph (2) shall include one
representative of the scientific community, one worker representative, and one
representative of the medical community.
(4)For each appointment to the Board, the
appropriate appointing authority shall—
(A)comply with all
legal requirements related to Special Government Employees and the appointment
of such employees, as determined by the Secretary of Health and Human
Services;
(B)consult with
organizations with expertise on worker health issues about such appointment;
and
(C)ensure that such
appointment contributes to a balance of viewpoints and perspectives held by
members of the Board.
(5)The term of office of each member of the
Board shall be three years. No member shall serve more than two terms. A
vacancy on the Board shall be filled in the manner in which the original
appointment was made. Upon expiration of a term, a member of the Board shall
continue to serve until the successor to such member has been appointed. The
appointment of the replacement member shall be made not later than 60 days
after the date on which the vacancy occurs. The Secretary of Health and Human
Services shall—
(A)prepare a schedule
for vacancies and appointments, and make such schedule available to the public
in paper and electronic forms;
(B)identify the
appropriate appointing authority listed in
paragraph (2) who is responsible for
appointing a member for each vacancy;
(C)not later than 90 days before the end of a
term of any member of the Board, provide each appointing authority responsible
for appointing a replacement member for a vacancy with—
(i)the number of
vacancies and expected vacancies, based on member resignations and the
scheduled expiration of member terms; and
(ii)the
representative category (scientific, worker, or medical representative) of each
member whose position on the Board has been, or is scheduled to be,
vacated.
(6)A chair for the
Board shall be selected from among its members by an annual vote of the members
who are on the Board as of January 1 of each year.
(7)The Secretary of Health and Human Services
may recommend to the appropriate Congressional appointing authority described
in paragraph (2) that a member of the Board be
removed as the result of neglect of duty, malfeasance in office, a violation of
the conditions of the waivers provided under section 208 of title 18, United
States Code, or a violation of the laws, regulations, policies, or procedures
related to the activities carried out under this
Act.
;
(2)in subsection (b), by striking the
President
each place it appears and inserting the Secretary of
Health and Human Services
;
(3)in subsection (c)—
(A)by amending
paragraph (1) to read as follows:
(1)(A)The Secretary of Health
and Human Services shall provide administrative support to the Board, and shall
assign staff, as necessary, to facilitate the work of the Board. The Board
shall have the authority to select contractors and consultants, issue task
orders, and make budget requests (through the Secretary of Health and Human
Services) for the annual budget of the Board and its staff.
(B)The Director of the National Institute for
Occupational Safety and Health shall appoint a Designated Federal official and
an Executive Secretary for the Board. The Designated Federal official and the
Executive Secretary shall be independent of the Federal officials responsible
for managing and implementing radiation dose reconstruction activities and
Special Exposure Cohort evaluations under this Act. The Designated Federal
official shall have the same authorities and responsibilities as the designated
officer or employee of the Federal Government described in section 10 of the
Federal Advisory Committee Act (5 U.S.C.
App.).
;
and
(B)in paragraph (2),
by striking The President
inserting The Secretary of
Health and Human Services
;
(4)in subsection (d), by striking the
President
and inserting the Secretary of Health and Human
Services
; and
(5)by adding at the
end the following new subsections:
(g)The Board may secure
the services of independent legal counsel, in addition to or in lieu of any
legal counsel provided to the Board by the General Counsel of the Department of
Health and Human Services.
(h)Applicability of
the Federal Advisory Committee ActUnless otherwise provided in this Act, the
Board shall operate under the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.), and members of the Board shall be compensated at a daily rate
of pay for level IV of the Executive Schedule under section 5315 of title 5,
United States
Code.
.
8.Section 3626 (42 U.S.C.
7384q) is amended—
(1)by striking the President
each place it appears and inserting the Secretary of Health and Human
Services
;
(2)by striking The President
each place it appears and inserting The Secretary of Health and Human
Services
;
(3)in subsection (a)(1) by inserting
any atomic weapons employer facility, or any combination of such
facilities,
after any Department of Energy
facility
;
(4)in subsection
(a)(2), by adding at the end the following sentence: An executive branch
agency may submit a review of a petition described in paragraph (3), or
comments or recommendations relating to such a petition, to the Advisory Board
on Radiation and Worker Health, and such Advisory Board may consider any such
review, comments, or recommendations in determining its advice under paragraph
(1), as such Advisory Board considers appropriate.
;
(5)in subsection
(b)(1), by inserting , based exclusively on information relating to the
facility or facilities which are the subject of a petition described in
paragraph (a)(3),
after it is not feasible
;
(6)in subsection
(c)(1), by adding at the end the following sentence: The Advisory Board
on Radiation and Worker Health shall transmit to the Secretary of the
Department of Health and Human Services, not later than 21 days after the date
on which such Advisory Board votes on a recommendation to the Secretary
relating to the petition of the class of employees being considered for
designation as a member of the Special Exposure Cohort, the formal
recommendation of such Advisory Board, and the complete administrative record,
relating to such petition.
;
(7)in
subsection (c)(2)(A) (as amended by
paragraph (1) of this section)—
(A)by striking
Upon receipt by
and inserting (1) Upon receipt
by
;
(B)by inserting
, based solely on the recommendation of such Advisory Board and the
complete administrative record,
after in which to
determine
; and
(C)by adding at the end of subparagraph (A)
the following sentences: During such 30-day period the Secretary shall
not consider any review, comment, or recommendation relating to the petition by
any other executive branch agency, unless such review, comment, or
recommendation was submitted to the Advisory Board on Radiation and Worker
Health in accordance with subsection (a)(2), and appears on the administrative
record of such Advisory Board. The determination by the Secretary shall be the
same as the recommendation by such Advisory Board, unless, not later than 30
days after the determination, the Secretary issues a formal finding of facts
responding to the rationale outlined by such Advisory Board, and using
information supported by the administrative record.
;
(8)by redesignating
subsection (d) as subsection (h); and
(9)by inserting after
subsection (c) the following new subsections:
(d)If the Director of
the National Institute of Occupational Safety and Health fails to submit a
recommendation after receipt of a petition to the Advisory Board on Radiation
and Worker Health in accordance with subsection (c)(1) within the 180-day
period required by such subsection, the Director of the National Institute of
Occupational Safety and Health shall promptly notify the petitioner, such
Advisory Board, the appropriate Congressional committees of jurisdiction, and
the Congressional delegation of the State in which the facility that is the
subject of the petition is located of the delay. Such notification shall
include—
(1)an explanation for
the delay;
(2)the date on which
the evaluation will be completed;
(3)the reasons why a
delay is necessary; and
(4)any adverse
consequences of the delay for the petitioner.
(e)
(1)SEC Appeals
Board establishedThere is
established, within the Department of Health and Human Services, a 3-member
Special Exposure Cohort Appeals Board (referred to in this section as the
SEC Board
), to which a petitioner may appeal an adverse Special
Exposure Cohort designation. The SEC Board shall be appointed by the Secretary
of Health and Human Services, and shall hear appeals, schedule hearings, take
evidence, and issue decisions affirming or reversing the adverse Special
Exposure Cohort designations.
(2)The
SEC Board shall review appeals de novo. Unless the petitioner waives the right
to a formal adjudication and elects an informal proceeding, appeals reviewed by
the SEC Board shall be conducted on the record, in accordance with the
Administrative Procedures Act. Not later than 90 days after the date of
enactment of the Energy Employees
Occupational Illness Compensation Program Improvement Act of
2006, the SEC Board shall issue Rules of Procedure for the
appeals proceedings conducted by such SEC Board. Parties to any appeals
proceeding under this subsection shall be limited to the Secretary of Health
and Human Services and the petitioner.
(3)Decisions by the SEC Board shall be final
agency actions. In the event that the SEC Board renders a decision reversing
the adverse designation of a petition by the Secretary of Health and Human
Services, the petition shall be remanded to the Secretary to carry out the
decision of the Board and it shall be the duty of the Secretary to review such
decision and, within 30 days of receipt of the remand, to issue a new
determination regarding the Special Exposure Cohort designation of the
petitioner upon the basis of the proceedings already had and the record upon
which said appeal was heard and determined.
(4)Waiver and
Appeal of SEC Board decisionsA petitioner may waive the right to appeal
to the SEC Board, and may seek judicial review of the Secretary’s decision
under this paragraph. Decisions by the Secretary of Health and Human Services
relating to a petition for designation as a member of the Special Exposure
Cohort may be appealed to the appropriate district court in the jurisdiction in
which the facility that is the subject of the Special Exposure Cohort petition
is located, or in the jurisdiction where the petitioner resides.
(f)Availability of
petitioner informationThe
Director of the National Institute of Occupational Safety and Health shall,
upon request, make available to the general public the name and contact
information of each petitioner under this section.
(g)Special Exposure
Cohort petition assistance
(1)Not later than 120 days after the date of enactment of
the Energy Employees Occupational Illness
Compensation Program Improvement Act of 2006, the Director of the
National Institute of Occupational Safety and Health shall provide for
independent technical assistance for petitioners and prospective petitioners
with respect to preparing and qualifying Special Exposure Cohort petitions, and
reviewing Special Exposure Cohort evaluation reports. Technical assistance may
be provided through a cooperative agreement or contract with a nonprofit
organization or institution of higher education that has expertise in
occupational safety and heath, and that does not have a conflict of interest,
as defined in section 3634.
(2)The Director of the National Institute of
Occupational Safety and Health shall notify petitioners and prospective
petitioners for designation as members of the Special Exposure Cohort of the
assistance available under this subsection.
(3)In
any fiscal year, not more than $250,000 of the funds authorized and provided
for the administration of this Act in such fiscal year shall be used to carry
out this
subsection.
.
9.Subtitle B (42 U.S.C.
3621 et seq.) is further amended by adding at the end of the subtitle the
following new section:
3634.Prohibition on
entities with conflicts of interest
(a)Conflict of
interest policyThe Secretary
of Health and Human Services shall prohibit an entity from participating in or
performing any of the activities described in
subsection (b), if such entity—
(1)has, or has had, a
personal, organizational, or professional conflict of interest relating to any
activity carried out under this Act; or
(2)has, or has had, previous employment or a
personal or financial relationship that could bias the performance of
activities under this Act.
(b)An entity described in paragraph (1) or (2) of
subsection (a) shall not be employed by
the National Institute for Occupational Safety and Health (or by its
contractors or subcontractors of any tier)—
(1)to perform the following program
activities, if such entity performed work at or for a Department of Energy or
atomic weapons employer facility (or for a contractor or subcontractor
performing work at such facility)—
(A)prepare, conduct,
approve, revise, or internally peer review individual radiation dose estimates
at a Department of Energy or atomic weapons employer facility;
(B)research, develop, prepare, author, lead a
team preparing, serve as a site expert for, approve, revise, or internally peer
review technical basis documents, technical information bulletins, site
profiles, or other dose reconstruction guidance; and
(C)research, evaluate, make a recommendation
relating to, serve as a site expert for, assess, or review a Special Exposure
Cohort petition, or a revision thereto; or
(2)to perform any
other activities the Secretary of Health and Human Services determines are
prohibited by reason of a conflict of interest described in
subsection (a)(1) or (2).
(c)Report and
disclosure of conflict information
(1)Each contractor, subcontractor, and consultant involved
with radiation dose reconstruction, technical basis documents, technical
information bulletins, site profiles, Special Exposure Cohort evaluations,
epidemiologic research, or development of dose reconstruction methods conducted
under this Act shall report to the Director of the National Institute for
Occupational Safety and Health the following:
(A)The name of the entity, and the employer of
such entity at the time of the initial report under this subsection, if
any.
(B)Functions
performed under this Act, educational background, a biographical description of
past and present work at or for the Department of Energy or an atomic weapons
employer facility (or for a contractor or subcontractor performing work at such
facility), including a list of responsibilities while employed at such
facility.
(C)A list of each
workers' compensation claim or lawsuit (identified by name) in which any
individual who is an entity under this section was an expert witness (including
as a non-testifying expert), and the position such individual held or
represented in such claim or lawsuit.
(D)A list of
facilities and positions for which the entity has a conflict of interest and is
prohibited from carrying out activities required by this Act.
(E)Any change in the information required by
this paragraph during the time such entity is involved with the activities
described in this subsection.
(2)Initial and
periodic reportsA
contractor, subcontractor, or consultant required to report information to the
Director of the National Institute for Occupational Safety and Health under
paragraph (1) shall—
(A)initially report
such information—
(i)not
later than 15 days after the date of enactment of the
Energy Employees Occupational Illness
Compensation Program Improvement Act of 2006; or
(ii)in the case of
such an entity that is not involved with an activity described in
paragraph (1) as of the date of the
enactment of such Act, on the date that such entity becomes involved with such
an activity; and
(B)shall periodically report any changes or
updates to such information, as the Director may require.
(3)Disclosure and
revision by the DirectorThe
Director of the National Institute for Occupational Safety and Health shall
disclose to the general public, in paper and electronic format, the information
reported to the Director under
paragraph (1). The Director shall
require contractors, subcontractors, and consultants to periodically revise the
information reported under
paragraph (1) to include any changes
to such information. The Director shall ensure that the information disclosed
to the general public under this paragraph contains the most recent information
available to the Director.
(d)
(1)No entity that is performing work for the
National Institute for Occupational Safety and Health or that has entered into
and is obligated under a contracting arrangement with the National Institute
for Occupational Safety and Health to conduct activities related to this Act
shall, at any time during which the entity is performing such work or is so
obligated—
(A)perform work at or for the Department of
Energy or an atomic weapons employer facility (or for a contractor or
subcontractor performing work at a Department of Energy or an atomic weapons
employer facility) which involves radiation protection, dose estimation, or
health physics; or
(B)solicit new work
related to radiation protection, dose estimation, or health physics from the
Department of Energy or an atomic weapons employer (or from contractors or
subcontractors performing work at a Department of Energy or an atomic weapons
employer facility).
(2)Any contractor or subcontractor performing
work for or obligated under a contracting arrangement with the National
Institute for Occupational Safety and Health shall disclose in electronic and
paper form all past contracts that the contractor or subcontractor has entered
into for performing work at or for the Department of Energy or an atomic
weapons employer facility (or for a contractor or subcontractor performing work
at such facility) which involves radiation protection, dose estimation, or
health physics.
(e)Any work product
performed under a contracting arrangement with the Department of Health and
Human Services (or any agency or instrumentality thereof) by a contractor,
subcontractor, or consultant in violation of this section, an agency conflict
of interest policy, or a contract requirement related to conflict of interest
shall constitute a breach of such contract, and the costs incurred by such
contractor, subcontractor, or consultant as a result of the performance of such
work shall not be allowable costs for purposes of any cost reimbursement
contract, task order contract, or any other type of contracting
arrangement.
(f)The Secretary of Health and Human Services shall not
issue any waivers to this section.
(g)For purposes of this
section and section 3635, the term entity—
(1)means—
(A)any
individual—
(i)who
is or was employed by the Department of Energy or an atomic weapons employer
(or by a contractor or subcontractor to the Department of Energy or an atomic
weapons employer); or
(ii)who served as an expert witness (including
as a nontestifying witness) in any legal proceeding defending a workers’
compensation claim related to radiation exposure against the Department of
Energy (or a contractor or subcontractor of any tier of such agency), or an
atomic weapons employer; or
(B)any organization,
contractor, subcontractor, or consultant (including any employee, agent, or
official of an organization, contractor, subcontractor, or consultant);
and
(2)does not include
the Advisory Board on Radiation and Worker Health, or any member or employee of
such Advisory Board.
3635.Effects of
conflicts of interest on use of work performedAny dose reconstruction, site profile,
technical bulletin, or Special Exposure Cohort petition research performed by
an entity in violation of any provision of
section 3634, an agency conflict of interest
policy, or a contract requirement related to conflict of interest shall not be
considered or used for any purpose relating to—
(1)the adjudication
of any claim concerning dose reconstruction of radiation doses received by any
individual; or
(2)the consideration or determination of
whether members of a class of employees may be treated as members of the
Special Exposure Cohort under section
3626.
.
10.Duties of the
Office of OmbudsmanSection
3686(c) (42 U.S.C. 7385s–15(c)) is amended—
(1)in paragraph (1),
by inserting subtitle B and
after available
under
;
(2)by redesignating
paragraph (3) as paragraph (5); and
(3)by inserting after
paragraph (2) the following new paragraphs:
(3)To assist individuals in making claims
under this subtitle.
(4)To act as advocate on behalf of individuals
seeking benefits under this
subtitle.
.
11.Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall publish
rules to modify the regulations and procedures of the Department of Health and
Human Services relating to the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.), to conform the
regulations and procedures to the amendments made by this Act.