Public Law 108-375
108th Congress
An Act
To authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.
<<NOTE: Oct. 28, 2004 - [H.R. 4200]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005.>>
Subtitle E--Energy Employees Occupational Illness Compensation Program
SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION.
The Energy Employees Occupational Illness Compensation Program Act
of 2000 (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398)) is amended by adding after subtitle D (42 U.S.C. 7385o)
the following new title:
Subtitle E--Contractor Employee Compensation
SEC. 3671. DEFINITIONS. 42 USC 7385s.
``In this subtitle:
``(1) The term `covered DOE contractor employee' means any
Department of Energy contractor employee determined under
section 3675 to have contracted a covered illness through
exposure at a Department of Energy facility.
``(2) The term `covered illness' means an illness or death
resulting from exposure to a toxic substance.
``(3) The term `Secretary' means the Secretary of Labor.
SEC. 3672. COMPENSATION TO BE PROVIDED. 42 USC 7385s-1.
``Subject to the other provisions of this subtitle:
``(1) Contractor employees.--A covered DOE contractor
employee shall receive contractor employee compensation under
this subtitle in accordance with section 3673.
``(2) Survivors.--After the death of a covered DOE
contractor employee, compensation referred to in paragraph (1)
shall not be paid. Instead, the survivor of that employee shall
receive compensation as follows:
``(A) Except as provided in subparagraph (B), the
survivor of that employee shall receive contractor
employee compensation under this subtitle in accordance
with section 3674.
``(B) In a case in which the employee's death
occurred after the employee applied under this subtitle
and before compensation was paid under paragraph (1),
and the employee's death occurred from a cause other
than the covered illness of the employee, the survivor of that
employee may elect to receive, in lieu of compensation
under subparagraph (A), the amount of contractor
employee compensation that the employee would have
received in accordance with section 3673 if the
employee's death had not occurred before compensation
was paid under paragraph (1).
SEC. 3673. COMPENSATION SCHEDULE FOR CONTRACTOR EMPLOYEES. 42 USC 7385s-2.
``(a) Compensation Provided.--The amount of contractor employee
compensation under this subtitle for a covered DOE contractor employee
shall be the sum of the amounts determined under paragraphs (1) and (2),
as follows:
``(1) Impairment.--(A) The Secretary shall determine--
``(i) the minimum impairment rating of that
employee, expressed as a number of percentage points;
and
``(ii) the number of those points that are the
result of any covered illness contracted by that
employee through exposure to a toxic substance at a
Department of Energy facility.
``(B) The employee shall receive an amount under this
paragraph equal to $2,500 multiplied by the number referred to
in clause (ii) of subparagraph (A).
``(2) Wage loss.--(A) The Secretary shall determine--
``(i) the calendar month during which the employee
first experienced wage loss as the result of any covered
illness contracted by that employee through exposure to
a toxic substance at a Department of Energy facility;
``(ii) the average annual wage of the employee for
the 36-month period immediately preceding the calendar
month referred to in clause (i), excluding any portions
of that period during which the employee was unemployed;
and
``(iii) beginning with the calendar year that
includes the calendar month referred to in clause (i),
through and including the calendar year during which the
employee attained normal retirement age (for purposes of
the Social Security Act)--
``(I) the number of calendar years during
which, as the result of any covered illness
contracted by that employee through exposure to a
toxic substance at a Department of Energy
facility, the employee's annual wage exceeded 50
percent of the average annual wage determined
under clause (ii), but did not exceed 75 percent
of the average annual wage determined under clause
(ii); and
``(II) the number of calendar years during
which, as the result of any covered illness
contracted by that employee through exposure to a
toxic substance at a Department of Energy
facility, the employee's annual wage did not
exceed 50 percent of the average annual wage
determined under clause (ii).
``(B) The employee shall receive an amount under this
paragraph equal to the sum of--
``(i) $10,000 multiplied by the number referred to
in clause (iii)(I) of subparagraph (A); and
``(ii) $15,000 multiplied by the number referred to
in clause (iii)(II) of subparagraph (A).
``(b) Determination of Minimum Impairment Rating.--For purposes of
subsection (a), a minimum impairment rating shall be determined in
accordance with the American Medical Association's Guides to the
Evaluation of Permanent Impairment.
SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS. 42 USC 7385s-3.
``(a) Categories of Compensation.--The amount of contractor employee
compensation under this subtitle for the survivor of a covered DOE
contractor employee shall be determined as follows:
``(1) Category one.--The survivor shall receive the amount
of $125,000, if the Secretary determines that--
``(A) the employee would have been entitled to
compensation under section 3675 for a covered illness;
and
``(B) it is at least as likely as not that exposure
to a toxic substance at a Department of Energy facility
was a significant factor in aggravating, contributing
to, or causing the death of such employee.
``(2) Category two.--The survivor shall receive the amount
of $150,000, if paragraph (1) applies to the employee and the
Secretary also determines that there was an aggregate period of
not less than 10 years, before the employee attained normal
retirement age (for purposes of the Social Security Act), during
which, as the result of any covered illness contracted by that
employee through exposure to a toxic substance at a Department
of Energy facility, the employee's annual wage did not exceed 50
percent of the average annual wage of that employee, as
determined under section 3673(a)(2)(A)(ii).
``(3) Category three.--The survivor shall receive the amount
of $175,000, if paragraph (1) applies to the employee and the
Secretary also determines that there was an aggregate period of
not less than 20 years, before the employee attained normal
retirement age (for purposes of the Social Security Act), during
which, as the result of any covered illness contracted by that
employee through exposure to a toxic substance at a Department
of Energy facility, the employee's annual wage did not exceed 50
percent of the average annual wage of that employee, as
determined under section 3673(a)(2)(A)(ii).
``(b) One Amount Only.--The survivor of a covered DOE contractor
employee to whom more than one amount under subsection (a) applies shall
receive only the highest such amount.
``(c) Determination and Allocation of Shares.--The amount under
subsection (a) shall be paid only as follows:
``(1) If a covered spouse is alive at the time of payment,
such payment shall be made to such surviving spouse.
``(2) If there is no covered spouse described in paragraph
(1), such payment shall be made in equal shares to all covered
children who are alive at the time of payment.
``(3) Notwithstanding the other provisions of this
subsection, if there is--
``(A) a covered spouse described in paragraph (1);
and
``(B) at least one covered child of the employee who
is living at the time of payment and who is not a
recognized natural child or adopted child of such
covered spouse,
then half of such payment shall be made to such covered spouse,
and the other half of such payment shall be made
in equal shares to each covered child of the employee who is
living at the time of payment.
``(d) Definitions.--In this section:
``(1) The term `covered spouse' means a spouse of the
employee who was married to the employee for at least one year
immediately before the employee's death.
``(2) The term `covered child' means a child of the employee
who, as of the employee's death--
``(A) had not attained the age of 18 years;
``(B) had not attained the age of 23 years and was a
full-time student who had been continuously enrolled as
a full-time student in one or more educational
institutions since attaining the age of 18 years; or
``(C) had been incapable of self-support.
``(3) The term `child' includes a recognized natural child,
a stepchild who lived with an individual in a regular parent-
child relationship, and an adopted child.
SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES. 42 USC 7385s-4.
``(a) Cases Determined Under Subtitle B.--A determination under
subtitle B that a Department of Energy contractor employee is entitled
to compensation under that subtitle for an occupational illness shall be
treated for purposes of this subtitle as a determination that the
employee contracted that illness through exposure at a Department of
Energy facility.
``(b) Cases Determined Under Former Subtitle D.--In the case of a
covered illness of an employee with respect to which a panel has made a
positive determination under section 3661(d) and the Secretary of Energy
has accepted that determination under section 3661(e)(2), or with
respect to which a panel has made a negative determination under section
3661(d) and the Secretary of Energy has found significant evidence to
the contrary under section 3661(e)(2), that determination shall be
treated for purposes of this subtitle as a determination that the
employee contracted the covered illness through exposure at a Department
of Energy facility.
``(c) Other Cases.--(1) In any other case, a Department of Energy
contractor employee shall be determined for purposes of this subtitle to
have contracted a covered illness through exposure at a Department of
Energy facility if--
``(A) it is at least as likely as not that exposure to a
toxic substance at a Department of Energy facility was a
significant factor in aggravating, contributing to, or causing
the illness; and
``(B) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a Department
of Energy facility.
``(2) A determination under paragraph (1) shall be made by the
Secretary.
``(d) Applications by Spouses and Children.--If a spouse or child of
a Department of Energy contractor employee applies for benefits under
this subtitle, the Secretary shall make a determination under this
section with respect to that employee without regard to whether the
spouse is a `covered spouse', or the child is a `covered child', under
this subtitle.
SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES. 42 USC 7385s-5.
``(a) In General.--This subtitle shall apply to--
``(1) a section 5 payment recipient who contracted a section
5 illness through a section 5 exposure at a section 5 facility,
or
``(2) a section 5 uranium worker determined under section
3675(c) to have contracted a covered illness through exposure to
a toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same basis
as it applies to a Department of Energy contractor employee determined
under section 3675 to have contracted a covered illness through exposure
to a toxic substance at a Department of Energy facility (or to the
survivor of that employee, as applicable).
``(b) Definitions.--In this section:
``(1) The term `section 5 payment recipient' means an
individual who receives, or has received, $100,000 under section
5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) for a claim made under that Act.
``(2) The terms `section 5 exposure', `section 5 facility',
and `section 5 illness' mean the exposure, facility, and
illness, respectively, to which an individual's status as a
section 5 payment recipient relates.
``(3) The term `section 5 uranium worker' means an
individual to whom subsection (a)(1)(A)(i) of section 5 of the
Radiation Exposure Compensation Act applies (whether directly or
by reason of subsection (a)(2)).
``(4) The term `section 5 mine or mill' means the mine or
mill to which an individual's status as a section 5 uranium
worker relates.
SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW. 42 USC 7385s-6.
``(a) Judicial Review.--A person adversely affected or aggrieved by
a final decision of the Secretary under this subtitle may review that
order in the United States district court in the district in which the
injury was sustained, the employee lives, the survivor lives, or the
District of Columbia, by filing in such court within 60 days after the
date on which that final decision was issued a written petition praying
that such decision be modified or set aside. The person shall also
provide a copy of the petition to the Secretary. Upon such filing, the
court shall have jurisdiction over the proceeding and shall have the
power to affirm, modify, or set aside, in whole or in part, such
decision. The court may modify or set aside such decision only if the
court determines that such decision was arbitrary and capricious.
``(b) Administrative Review.--The Secretary shall ensure that
recommended decisions of the Secretary with respect to a claim under
this subtitle are subject to administrative review. The Secretary shall
prescribe regulations for carrying out such review or shall apply to
this subtitle the regulations applicable to recommended decisions under
subtitle B.
SEC. 3678. PHYSICIANS SERVICES. 42 USC 7385s-7.
``(a) In General.--The Secretary may utilize the services of
physicians for purposes of making determinations under this subtitle.
``(b) Physicians.--Any physicians whose services are utilized under
subsection (a) of this section shall possess appropriate expertise and
experience in the evaluation and determination of the extent of
permanent physical impairments or in the evaluation and diagnosis of
illnesses or deaths aggravated, contributed to, or caused by exposure to
toxic substances.
``(c) Arrangement.--The Secretary may secure the services of
physicians utilized under subsection (a) of this section through the
appointment of physicians or by contract.
SEC. 3679. MEDICAL BENEFITS. 42 USC 7385s-8.
``A covered DOE contractor employee shall be furnished medical
benefits specified in section 3629 for the covered illness to the same
extent, and under the same conditions and limitations, as an individual
eligible for medical benefits under that section is furnished medical
benefits under that section.
SEC. 3680. ATTORNEY FEES. 42 USC 7385s-9.
``Section 3648 shall apply to a payment under this subtitle to the
same extent that it applies to a payment under subtitle B.
SEC. 3681. ADMINISTRATIVE MATTERS. 42 USC 7385s-10.
``(a) In General.--The Secretary shall administer this subtitle.
``(b) Contract Authority.--The Secretary may enter into contracts
with appropriate persons and entities to administer this subtitle.
``(c) Records.--(1)(A) The Secretary of Energy shall provide to the
Secretary all records, files, and other data, whether paper, electronic,
imaged, or otherwise, developed by the Secretary of Energy that are
applicable to the administration of this subtitle, including records,
files, and data on facility industrial hygiene, employment of
individuals or groups, exposure and medical records, and claims
applications.
``(B) In providing records, files, and other data under this
paragraph, the Secretary of Energy shall preserve the current
organization of such records, files, and other data, and shall provide
such description and indexing of such records, files, and other data as
the Secretary considers appropriate to facilitate their use by the
Secretary.
``(2) The Secretary of Energy and the Secretary shall jointly
undertake such actions as are appropriate to retrieve records applicable
to the claims of Department of Energy contractor employees for
contractor employee compensation under this subtitle, including
employment records, records of exposure to beryllium, radiation, silica,
or other toxic substances, and records regarding medical treatment.
``(d) Information.--At the request of the Secretary, the Secretary
of Energy and any contractor who employed a Department of Energy
contractor employee shall, within time periods specified by the
Secretary, provide to the Secretary and to the employee information or
documents in response to the request.
``(e) Regulations.--The <<NOTE: Deadline.>> Secretary shall
prescribe regulations necessary for the administration of this subtitle.
The initial regulations shall be prescribed not later than 210 days
after the date of the enactment of this subtitle. The Secretary may
prescribe interim final regulations necessary to meet the deadlines
specified in this subtitle.
``(f) Transition Provisions.--(1) The Secretary shall commence the
administration of the provisions of this subtitle not later than 210
days after the date of the enactment of this subtitle.
``(2) Until the commencement of the administration of this subtitle,
the Department of Energy Physicians Panels appointed pursuant to
subtitle D shall continue to consider and issue determinations
concerning any cases pending before such Panels immediately before the
date of the enactment of this subtitle.
``(3) The Secretary shall take such actions as are appropriate to
identify other activities under subtitle D that will continue until the
commencement of the administration of subtitle E.
``(g) Previous Applications.--Upon the commencement of the
administration of this subtitle, any application previously filed with
the Secretary of Energy pursuant to subtitle D shall be considered to
have been filed with the Secretary as a claim for benefits pursuant to
this subtitle.
SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE WORKERS COMPENSATION. 42 USC 7385s-11.
``(a) In General.--An individual who has been awarded compensation
under this subtitle, and who has also received benefits from a State
workers compensation system by reason of the same covered illness, shall
receive compensation specified in this subtitle reduced by the amount of
any workers compensation benefits, other than medical benefits and
benefits for vocational rehabilitation, that the individual has received
under the State workers compensation system by reason of the covered
illness, after deducting the reasonable costs, as determined by the
Secretary, of obtaining those benefits under the State workers
compensation system.
``(b) Waiver.--The Secretary may waive the provisions of subsection
(a) if the Secretary determines that the administrative costs and
burdens of implementing subsection (a) with respect to a particular case
or class of cases justifies such a waiver.
``(c) Information.--Notwithstanding any other provision of law, each
State workers compensation authority shall, upon request of the
Secretary, provide to the Secretary on a quarterly basis information
concerning workers compensation benefits received by any covered DOE
contractor employee entitled to compensation or benefits under this
subtitle, which shall include the name, Social Security number, and
nature and amount of workers compensation benefits for each such
employee for which the request was made.
SEC. 3683. MAXIMUM AGGREGATE COMPENSATION. 42 USC 7385s-12.
``For each individual whose illness or death serves as the basis for
compensation or benefits under this subtitle, the total amount of
compensation (other than medical benefits) paid under this subtitle, to
all persons, in the aggregate, on the basis of that illness or death
shall not exceed $250,000.
SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS. 42 USC 7385s-13.
``There is authorized and hereby appropriated to the Secretary for
fiscal year 2005 and thereafter such sums as may be necessary to carry
out this subtitle.
SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COMPENSATION FUND. 42 USC 7385s-14.
``The compensation and benefits provided under this title, when
authorized or approved by the President, shall be paid from the
compensation fund established under section 3612.
SEC. 3686. OFFICE OF OMBUDSMAN. 42 USC 7385s-15.
``(a) Establishment.--There is established in the Department of
Labor an office to be known as the `Office of the Ombudsman' (in this
section referred to as the `Office').
``(b) Head.--The head of the Office shall be the Ombudsman. The
individual serving as Ombudsman shall be either of the following:
``(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties of
the Office specified in subsection (c).
``(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector who
have experience and expertise necessary to carry out the duties
of the Office specified in subsection (c).
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To provide information on the benefits available under
this subtitle and on the requirements and procedures applicable
to the provision of such benefits.
``(2) To make recommendations to the Secretary regarding the
location of centers (to be known as `resource centers') for the
acceptance and development of claims for benefits under this
subtitle.
``(3) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
``(d) Independent Office.--The Secretary shall take appropriate
actions to ensure the independence of the Office within the Department
of Labor, including independence from other officers and employees of
the Department engaged in activities relating to the administration of
the provisions of this subtitle.
``(e) Annual Report.--(1) Not later than February 15 each year, the
Ombudsman shall submit to Congress a report on activities under this
subtitle.
``(2) Each report under paragraph (1) shall set forth the following:
``(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
``(B) An assessment of the most common difficulties
encountered by claimants and potential claimants under this
subtitle during the preceding year.
``(3) The first report under paragraph (1) shall be the report
submitted in 2006.
``(f) Outreach.--The Secretary of Labor and the Secretary of Health
and Human Services shall each undertake outreach to advise the public of
the existence and duties of the Office.
``(g) Sunset.--Effective on the date that is 3 years after the date
of the enactment of this section, this section shall have no further
force or effect.''.
SEC. 3162. CONFORMING AMENDMENTS.
(a) Offset for Certain Payments.--Section 3641 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385) is amended--
(1) by striking ``subtitle B'' and inserting ``this title'';
and
(2) by striking ``on account of'' and all that follows
through the period at the end and inserting ``on account of the
exposure for which compensation is payable under this title.''.
(b) Subrogation of the United States.--Section 3642 of such Act (42
U.S.C. 7385a) is amended by striking ``subtitle B'' and inserting ``this
title''.
(c) Payment in Full Settlement of Claims.--Section 3643 of such Act
(42 U.S.C. 7385b) is amended by striking ``The acceptance'' and
inserting ``Except as provided in subtitle E, the acceptance''.
(d) Exclusivity of Remedy.--Section 3644 of such Act (42 U.S.C.
7385c(a)) is amended by adding at the end the following new subsection:
``(d) Applicability to Subtitle E.--This section applies with
respect to subtitle E to the covered medical condition or covered
illness or death of a covered DOE contractor employee on the same basis
as it applies with respect to subtitle B to the cancer (including a
specified cancer), chronic silicosis, covered beryllium illness, or
death of a covered employee.''.
(e) Certification of Treatment of Payments Under Other Laws.--
Section 3646 of such Act (42 U.S.C. 7385e) is amended by striking
``subtitle B'' and inserting ``this title''.
(f) Claims Not Assignable or Transferable.--Section 3647(a) of such
Act (42 U.S.C. 7385f(a)) is amended by striking ``subtitle B'' and
inserting ``this title''.
(g) Certain Claims Not Affected By Awards of Damages.--Section 3649
of such Act (42 U.S.C. 7385h) is amended by striking ``subtitle B'' both
places such term appears and inserting ``this title''.
(h) Forfeiture of Benefits by Convicted Felons.--Section 3650 of
such Act (42 U.S.C. 7385i) is amended by striking ``subtitle B'' each
place such term appears and inserting ``this title''.
(i) Repeal of Subtitle D.--Subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title XXXVI of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 7385o) is
repealed.
SEC. 3163. TECHNICAL AMENDMENTS.
(a) Subpoenas.--Subtitle B of such Act is amended by adding after
section 3631 (42 U.S.C. 7384v) the following new section:
SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES. 42 USC 7384w.
``The Secretary of Labor, with respect to any matter under this
subtitle, may--
``(1) issue subpoenas for and compel the attendance of
witnesses;
``(2) administer oaths;
``(3) examine witnesses; and
``(4) require the production of books, papers, documents,
and other evidence.''.
(b) Social Security Earnings Information.--Subtitle C of such Act is
amended by adding after section 3651 (42 U.S.C. 7385j) the following new
section:
SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION. 42 USC 7385j-1.
``Notwithstanding the provision of section 552a of title 5, United
States Code, or any other provision of Federal or State law, the Social
Security Administration shall make available to the Secretary of Labor,
upon written request, the Social Security earnings information of living
or deceased employees who may have sustained an illness that is the
subject of a claim under this title, which the Secretary of Labor may
require to carry out the provisions of this title.''.
(c) Recovery of Overpayment.--Subtitle C of such Act is further
amended by adding after section 3652 (as added by subsection (b)) the
following new section:
SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS. 42 USC 7385j-2.
``(a) In General.--When an overpayment has been made to an
individual under this title because of an error of fact or law, recovery
shall be made under regulations prescribed by the Secretary of Labor by
decreasing later payments to which the individual is entitled. If the
individual dies before the recovery is completed, recovery shall be made
by decreasing later benefits payable under this title with respect to
the individual's death.
``(b) Waiver.--Recovery by the United States under this section may
not be made when incorrect payment has been made to an individual who is
without fault and when adjustment or recovery would defeat the purpose
of this title or would be against equity and good conscience.
``(c) Liability.--A certifying or disbursing official is not liable
for an amount certified or paid by him when recovery of the amount is
waived under subsection (b) of this section, or when recovery under
subsection (a) of this section is not completed before the death of all
individuals against whose benefits deductions are authorized.''.
SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005.
Of the funds appropriated to the Secretary of Energy for fiscal year
2005 for the Energy Employees Occupational Illness Compensation Program,
the Secretary of Energy shall transfer to the Secretary of Labor the
amount of funds that the Secretary of Energy, in consultation with the
Secretary of Labor, determine will be necessary for fiscal year 2005 to
administer the provisions of subtitle E of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as added by this
Act.
SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
FUND FOR CERTAIN PAYMENTS TO COVERED URANIUM EMPLOYEES.
(a) In General.--Section 3630 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384u) is amended in
subsection (d) by inserting after ``The compensation provided under this
section'' the following: ``and the compensation provided under section 5
of the Radiation Exposure Compensation Act''.
(b) Conforming Amendment.--Section 6(c)(1) of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by
inserting after ``Fund'' the following: ``(or, in the case of a payment
under section 5, from the Energy Employees Occupational Illness
Compensation Fund, pursuant to section 3630(d) of the Energy Employees
Occupational Illness Compensation Program Act of 2000)''.
SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF 2000.
(a) Advisory Board.--Section 3624 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384o)
is amended by adding at the end the following new subsections:
``(e) Security Clearances.--(1) The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors performing
work in support of the Board, are afforded the opportunity to apply for
a security clearance for any matter for which such a clearance is
appropriate. <<NOTE: Deadline.>> The Secretary should, not later than
180 days after receiving a completed application, make a determination
whether or not the individual concerned is eligible for the clearance.
``(2) For fiscal year 2007 and each fiscal year thereafter, the
Secretary of Energy shall include in the budget justification materials
submitted to Congress in support of the Department of Energy budget for
that fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) a report specifying the
number of applications for security clearances under this subsection,
the number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this title, including information such as
Restricted Data (as defined in section 11 y. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(y))) and information covered by the Privacy Act.''.
(b) Deadlines for Special Exposure Cohort Actions.--(1) Section 3626
of the Energy Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7384q) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Deadlines.--(1) Not later than 180 days after the date on
which the President receives a petition for designation as members of
the Special Exposure Cohort, the Director of the National Institute for
Occupational Safety and Health shall submit to the Advisory Board on
Radiation and Worker Health a recommendation on that petition, including
all supporting documentation.
``(2)(A) Upon receipt by the President of a recommendation of the
Advisory Board on Radiation and Worker Health that the President should
determine in the affirmative that paragraphs (1) and (2) of subsection
(b) apply to a class, the President shall have a period of 30 days in
which to determine whether such paragraphs apply to the class and to
submit that determination (whether affirmative or negative) to Congress.
``(B) If the determination submitted by the President under
subparagraph (A) is in the affirmative, the President shall also submit
a report meeting the requirements of section 3621(14)(C)(ii).
``(C) If the President does not submit a determination required by
subparagraph (A) within the period required by subparagraph (A), then
upon the day following the expiration of that period, it shall be deemed
for purposes of section 3621(14)(C)(ii) that the President submitted the
report under that provision on that day.''.
(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 7384l(14)(C)(ii))
is amended by striking ``180 days'' and inserting ``30 days''.
(c) Site Profiles.--Subtitle B of that Act is amended by adding
after section 3632 (as added by section 3163(a)) the following new
section:
SEC. 3633. COMPLETION OF SITE PROFILES. 42 USC 7384w-1.
``(a) In General.--To the extent that the Secretary of Labor
determines it useful and practicable, the Secretary of Labor shall
direct the Director of the National Institute for Occupational Safety
and Health to prepare site profiles for a Department of Energy facility
based on the records, files, and other data provided by the Secretary of
Energy and such other information as is available, including information
available from the former worker medical screening programs of the
Department of Energy.
``(b) Information.--The Secretary of Energy shall furnish to the
Secretary of Labor any information that the Secretary of Labor finds
necessary or useful for the production of such site profiles, including
records from the Department of Energy former worker medical screening
program.
``(c) Definition.--In this section, the term `site profile' means an
exposure assessment of a facility that identifies the toxic substances
or processes that were commonly used in each building or process of the
facility, and the time frame during which the potential for exposure to
toxic substances existed.
``(d) Time Frames.--The Secretary of Health and Human Services shall
establish time frames for completing site profiles for those Department
of Energy facilities for which a site profile has not been
completed. <<NOTE: Deadline. Reports.>> Not later than March 1, 2005,
the Secretary of Health and Human Services shall submit to Congress a
report setting forth those time frames.''.
SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND REPORT.
(a) Meeting of Advisory Board.--(1) For purposes of carrying out
section 3626 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384q), the President shall require the
Advisory Board on Radiation and Worker Health to convene a meeting of
the Board at which the Board considers each petition for designation as
members of the Special Exposure Cohort--
(A) <<NOTE: Deadline.>> that was filed not later than
October 1, 2004; and
(B) the evaluation of which (by the Director of the National
Institute of Occupational Safety and Health) was completed more
than 10 days before a previously scheduled meeting of the Board.
(2) <<NOTE: Effective date.>> Effective March 1, 2005, this
subsection shall have no further force or effect.
(b) Report to Congress.--Not later than March 15, 2005, the
President shall submit to Congress a report on the status
of the petitions referred to in subsection (a). The report shall
include, for each petition, the estimated time to complete the
consideration of that petition and any anticipated actions or
circumstances that could preclude the Board from acting upon that
petition before the end of fiscal year 2005.
SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER
FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION.
(a) Coverage.--Paragraph (3) of section 3621 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title XXXVI of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398); 42 U.S.C. 7384l) is
amended to read as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed by an atomic weapons
employer during a period when the employer was
processing or producing, for the use by the United
States, material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling.
``(B) An individual employed--
``(i) at a facility with respect to which the
National Institute for Occupational Safety and
Health, in its report dated October 2003 and
titled `Report on Residual Radioactive and
Beryllium Contamination at Atomic Weapons Employer
Facilities and Beryllium Vendor Facilities', or
any update to that report, found that there is a
potential for significant residual contamination
outside of the period in which weapons-related
production occurred;
``(ii) by an atomic weapons employer or
subsequent owner or operators of a facility
described in clause (i); and
``(iii) during a period, as specified in such
report or any update to such report, of potential
for significant residual radioactive contamination
at such facility.''.
(b) Radiation Dose for Certain Atomic Weapons Employees.--Section
3623 of that Act (42 U.S.C. 7384n) is amended by adding at the end of
subsection (c) the following new paragraph:
``(4) In the case of an atomic weapons employee described in section
3621(3)(B), the following doses of radiation shall be treated, for
purposes of paragraph (3)(A) of this subsection, as part of the
radiation dose received by the employee at such facility:
``(A) Any dose of ionizing radiation received by that
employee from facilities, materials, devices, or byproducts used
or generated in the research, development, production,
dismantlement, transportation, or testing of nuclear weapons, or
from any activities to research, produce, process, store,
remediate, or dispose of radioactive materials by or on behalf
of the Department of Energy (except for activities covered by
Executive Order No. 12344, dated February 1, 1982 (42 U.S.C.
7158 note) pertaining to the Naval Nuclear Propulsion Program).
``(B) Any dose of ionizing radiation received by that
employee from a source not covered by subparagraph (A) that
is not distinguishable through reliable documentation from a
dose covered by subparagraph (A).''.
SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES. 42 USC 7384
(a) Update of Report.--Not later than December 31, 2006, the
Director of the National Institute for Occupational Safety and Health
shall submit to Congress an update to the report required by section
3151(b) of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 42 U.S.C. 7384 note).
(b) Elements.--The update shall--
(1) for each facility for which such report found that
insufficient information was available to determine whether
significant residual contamination was present, determine
whether significant residual contamination was present;
(2) for each facility for which such report found that
significant residual contamination remained present as of the
date of the report, determine the date on which such
contamination ceased to be present;
(3) for each facility for which such report found that
significant residual contamination was present but for which the
Director has been unable to determine the extent to which such
contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage attributable
to such activities and, in so identifying, presume that such
contamination is attributable to such activities until there is
evidence of decontamination of residual contamination identified
with atomic weapons-related activities;
(4) for each facility for which such report found
significant residual contamination, determine whether it is at
least as likely as not that such contamination could have caused
an employee who was employed at such facility only during the
residual contamination period to contract a cancer or beryllium
illness compensable under subtitle B of the Energy Employees
Occupational Illness Compensation Program Act of 2000; and
(5) if new information that pertains to the report has been
made available to the Director since that report was submitted,
identify and describe such information.
(c) Publication.--The <<NOTE: Federal
Register, publication.>> Director shall ensure that the report referred
to in subsection (a) is published in the Federal Register not later than
15 days after being released.
SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY EMPLOYEES
UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM IN WESTERN NEW YORK AND WESTERN PENNSYLVANIA REGION.
(a) Findings.--Congress makes the following findings:
(1) New York has 36 current or former Department of Energy
facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer facilities,
and 14 such facilities in western New York. Despite having one
of the greatest concentrations of such facilities in the United
States, western New York, and abutting areas of Pennsylvania,
continue to be severely underserved by the Energy Employees
Occupational Illness Compensation Program under the Energy
Employees Occupational Illness Compensation Program Act of 2000
(title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398); 42 U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New York
region, including western Pennsylvania, exceeds the number of
such claims filed at resource centers in Hanford, Washington,
Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test Site,
Nevada, the Rocky Flats Environmental Technology Site, Colorado,
the Idaho National Engineering Laboratory, Idaho, and the
Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under
subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 commensurate with the
assistance provided energy employees at other locations in the
United States.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Labor should--
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western New York
region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials
in National Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2005, the
National Defense Stockpile Manager may obligate up to