2000 
[DOCID: f:h1534ih.txt]






107th CONGRESS
  1st Session
                                H. R. 1534

  To designate the Federal agencies responsible for implementing the 
Energy Employees Occupational Illness Compensation Program Act of 2000.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

Mr. Whitfield (for himself, Mr. Strickland, Mr. Udall of Colorado, Mr. 
  Brown of Ohio, Ms. Berkley, Mr. Gibbons, Mr. Wamp, Mr. Conyers, Mr. 
  Duncan, and Mr. Hilleary) 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 designate the Federal agencies responsible for implementing the 
Energy Employees Occupational Illness Compensation Program Act of 2000.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Energy Employees 
Occupational Illness Compensation Program Designation of 
Responsibilities Act''.
    (b) Findings.--
            (1) Since World War II, hundreds of thousands of men and 
        women have served the Nation in building its nuclear defense. 
        In the course of their work, they overcame previously 
        unimagined scientific and technical challenges. However, 
        thousands of these courageous Americans paid a high price for 
        their service, developing disabling or fatal illnesses as a 
        result of exposure to silica, beryllium, ionizing radiation, 
        and other hazards unique to nuclear weapons production and 
        testing.
            (2) Too often, these workers were neither adequately 
        protected from, nor informed of, the occupational hazards to 
        which they were exposed.
            (3) Over the past 20 years more than 2 dozen scientific 
        findings have emerged that indicate that Department of Energy 
        workers are experiencing increased risks of dying from cancer 
        and nonmalignant diseases at numerous facilities that provided 
        for the Nation's nuclear deterrent. Several of these studies 
        also establish a correlation between excess diseases and 
        exposure to silica, radiation, and beryllium.
            (4) Federal workers' compensation programs have generally 
        not included these workers. Further, because of long latency 
        periods, the uniqueness of the hazards to which they were 
        exposed, and inadequate exposure data, many of these 
        individuals have been unable to obtain State workers' 
        compensation benefits. This problem has been exacerbated by the 
        past policy of the Department of Energy and its predecessors of 
        encouraging and assisting its contractors in opposing the 
        claims of workers who sought those benefits.
            (5) The civilian men and women who performed duties 
        uniquely related to the Department of Energy's nuclear weapons 
        production program over the last 50 years should have 
        efficient, uniform, and adequate compensation for beryllium-
        related health conditions, radiation-related health conditions, 
        and silica-related health conditions in order to assure 
        fairness and equity.
            (6) The Federal Government should provide necessary 
        information and otherwise help employees of the Department of 
        Energy or its contractors to determine if their illnesses are 
        associated with conditions of their nuclear weapons-related 
        work. It should provide workers and their survivors with all 
        pertinent and available information necessary for evaluating 
        and processing claims. It should also ensure that this program 
        minimizes the administrative responsibilities to accomplish 
        these goals.
            (7) This situation is sufficiently unique to the Department 
        of Energy's nuclear weapons production program that it is 
        appropriate for congressional action.

SEC. 2. ALLOCATION OF RESPONSIBILITIES FOR ADMINISTERING PROGRAM.

    (a) Secretary of Labor.--The Secretary of Labor shall have primary 
responsibility for administering the Energy Employees Occupational 
Illness Compensation Program (hereinafter in this Act referred to as 
the ``Program'') established under section 3611 of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (as enacted by 
Public Law 106-398; 114 Stat. 1654A-497) (hereinafter in this Act 
referred to as the ``2000 Act''). Specifically, the Secretary shall 
immediately and forthwith carry out the following with respect to the 
Program:
            (1) Administer and decide all questions arising under the 
        2000 Act not assigned to other agencies by that Act or this 
Act, including determining the eligibility of individuals with covered 
occupational illnesses and their survivors and adjudicating claims for 
compensation and benefits.
            (2) Not later than May 31, 2001, promulgate regulations for 
        the administration of the Program, except for functions 
        assigned to other agencies pursuant to the 2000 Act or this 
        Act.
            (3) Not later than July 31, 2001, ensure the availability, 
        in paper and electronic format, of forms necessary for making 
        claims under the Program.
            (4) Develop informational materials, in coordination with 
        the Secretary of Energy and the Secretary of Health and Human 
        Services, to help potential claimants understand the Program 
        and the application process, and provide these materials to 
        individuals upon request and to the Secretary of Energy and the 
        Attorney General for dissemination to potentially eligible 
        individuals.
    (b) Secretary of Health and Human Services.--The Secretary of 
Health and Human Services shall carry out the following with respect to 
the Program:
            (1) Not later than May 31, 2001, promulgate regulations 
        establishing--
                    (A) guidelines, pursuant to section 3623(c) of the 
                2000 Act, to assess the likelihood that an individual 
                with cancer sustained the cancer in the performance of 
                duty at a Department of Energy facility or an atomic 
                weapons employer facility, as defined by that Act; and
                    (B) methods, pursuant to section 3623(d) of the 
                2000 Act, for arriving at and providing reasonable 
                estimates of the radiation doses received by 
                individuals applying for assistance under the Program 
                for whom there are inadequate records of radiation 
                exposure.
            (2) In accordance with procedures developed by the 
        Secretary of Health and Human Services, consider and issue 
        determinations on petitions by classes of employees to be 
        treated as members of the Special Exposure Cohort.
            (3) With the assistance of the Secretary of Energy, apply 
        the methods promulgated under subsection (b)(1)(B) to estimate 
        the radiation doses received by individuals applying for 
        assistance.
            (4) Upon request from the Secretary of Energy, appoint 
        members for a physician panel or panels to consider individual 
        workers' compensation claims as part of the Worker Assistance 
        Program under the process established pursuant to subsection 
        (c)(5).
            (5) Provide the Advisory Board established under section 3 
        with administrative servic
1acf
es, funds, facilities, staff, and 
        other necessary support services and perform the administrative 
        functions of the President under the Federal Advisory Committee 
        Act, as amended (5 U.S.C. App.), with respect to the Advisory 
        Board.
    (c) Secretary of Energy.--The Secretary of Energy shall carry out 
the following with respect to the Program:
            (1) Provide the Secretary of Health and Human Services and 
        the Advisory Board on Radiation and Worker Health access, in 
        accordance with law, to all relevant information pertaining to 
        worker exposures, including access to restricted data, and any 
        other technical assistance needed to carry out their 
        responsibilities under subsection (b)(2) and section 3(b), 
        respectively.
            (2) Upon request from the Secretary of Health and Human 
        Services or the Secretary of Labor, and as permitted by law, 
        require a Department of Energy contractor, subcontractor, or 
        designated beryllium vendor, pursuant to section 3631(c) of the 
        2000 Act, to provide information relevant to a claim under the 
        Program.
            (3) Identify and notify potentially eligible individuals of 
        the availability of compensation under the Program.
            (4) Designate, pursuant to sections 3621(4)(B) and 3622 of 
        the 2000 Act, atomic weapons employers and additions to the 
        list of designated beryllium vendors.
            (5) Pursuant to Subtitle D of the 2000 Act, negotiate 
        agreements with the chief executive officer of each State in 
        which there is a Department of Energy facility, and other 
        States as appropriate, to provide assistance to a Department of 
        Energy contractor employee on filing a State workers' 
        compensation system claim, and establish a Worker Assistance 
        Program to help individuals whose illness is related to 
        employment in the Department of Energy's nuclear weapons 
        complex, or the individual's survivor if the individual is 
        deceased, in applying for State workers' compensation benefits. 
        This assistance shall include--
                    (A) submittal of reasonable claims to a physician 
                panel, appointed by the Secretary of Health and Human 
                Services and administered by the Secretary of Energy, 
under procedures established by the Secretary of Energy, for 
determination of whether the individual's illness or death arose out of 
and in the course of employment by the Department of Energy or its 
contractors and exposure to a toxic substance at a Department of Energy 
facility; and
                    (B) for cases determined by the physician panel and 
                the Secretary of Energy under section 3661(d) and (e) 
                of the 2000 Act to have arisen out of and in the course 
                of employment by the Department of Energy or its 
                contractors and exposure to a toxic substance at a 
                Department of Energy facility, providing assistance to 
                the individual in filing for workers' compensation 
                benefits. The Secretary shall not contest these claims 
                and, to the extent permitted by law, shall direct a 
                Department of Energy contractor who employed the 
                applicant not to contest the claims.
            (6) Report on the Worker Assistance Program by making 
        publicly available on at least an annual basis claims-related 
        data, including the number of claims filed, the number of 
        illnesses found to be related to work at a Department of Energy 
        facility, job location and description, and number of 
        successful State workers' compensation claims awarded.
    (d) Attorney General.--The Attorney General shall carry out the 
following with respect to the Program:
            (1) Develop procedures to notify, to the extent possible, 
        each claimant (or the survivor of that claimant if deceased) 
        whose claim for compensation under section 5 of the Radiation 
        Exposure Compensation Act has been or is approved by the 
        Department of Justice, of the availability of supplemental 
        compensation and benefits under the Program.
            (2) Identify and notify eligible covered uranium employees 
        or their survivors of the availability of supplemental 
        compensation under the Program.
            (3) Upon request by the Secretary of Labor, provide 
        information needed to adjudicate the claim of a covered uranium 
        employee under the Program.

SEC. 3. ESTABLISHMENT OF ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

    (a) Establishment.--Pursuant to Public Law 106-398, there is hereby 
established an Advisory Board on Radiation and Worker Health. The 
Advisory Board shall consist of not more than 20 members to be 
appointed by the President. Members shall include affected workers and 
their representatives, and representatives from scientific and medical 
communities. The President shall designate a Chair for the Board among 
its members.
    (b) Duties.--The Advisory Board shall--
            (1) advise the Secretary of Health and Human Services on 
        the development of guidelines under section 2(b)(1)(A);
            (2) advise the Secretary of Health and Human Services on 
        the scientific validity and quality of dose reconstruction 
        efforts performed for the Program; and
            (3) upon request by the Secretary of Health and Human 
        Services, advise the Secretary on whether there are individuals 
        or classes of employees at any Department of Energy facility 
        who were exposed to radiation but for whom it is not feasible 
        to estimate their radiation dose with sufficient accuracy, and 
        on whether such radiation dose may have endangered the health 
        of members of the class.

SEC. 4. REPORTING REQUIREMENTS.

    The Secretaries of Labor, Health and Human Services, and Energy 
shall, as part of their annual budget submissions, report to the Office 
of Management and Budget on their activities under the Program, 
including total expenditures related to benefits and program 
administration. Each such report shall include, among other things, a 
description of the administrative structure established within their 
agencies to implement the 2000 Act. In addition, the Secretary of Labor 
shall annually report on the total number and types of claims for which 
compensation was considered and other data pertinent to evaluating the 
Federal Government's performance in fulfilling the requirements of the 
2000 Act.
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