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ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM ACT OF 2000, AS AMENDED, 42 U.S.C. § 7384 et seq.
PART A—ESTABLISHMENT OF COMPENSATION PROGRAM AND
COMPENSATION FUND
§ 7384. Findings; sense of Congress
(a) FINDINGS—The Congress finds the following:
(1) Since World War II, Federal nuclear activities have been
explicitly recognized under Federal law as activities that are
ultra-hazardous. Nuclear weapons
production and testing have involved unique dangers, including
potential catastrophic nuclear accidents that private insurance
carriers have not covered and recurring exposures to radioactive
substances and beryllium that, even in small amounts, can cause
medical harm.
(2) Since the inception of the nuclear weapons program and for
several decades afterwards, a large number of nuclear weapons
workers at sites of the Department of Energy and at sites of vendors
who supplied the Cold War effort were put at risk without their
knowledge and consent for reasons that, documents reveal, were
driven by fears of adverse publicity, liability, and employee
demands for hazardous duty pay.
(3) Many previously secret records have documented unmonitored
exposures to radiation and beryllium and continuing problems at
these sites across the Nation, at which the Department of Energy and
its predecessor agencies have been, since World War II,
self-regulating with respect to nuclear safety and occupational
safety and health. No other hazardous Federal activity has been
permitted to be carried out under such sweeping powers of
self-regulation.
(4) The policy of the Department of Energy has been to litigate
occupational illness claims, which has deterred workers from filing
workers’ compensation claims and has imposed major financial
burdens for such employees who have sought compensation. Contractors
of the Department have been held harmless and
the employees have been denied workers’ compensation coverage for
occupational disease.
(5) Over the past 20 years, more than two dozen scientific
findings have emerged that indicate that certain of such employees
are experiencing increased risks of dying from cancer and
non-malignant diseases. Several of these studies have also
established a correlation between excess diseases and exposure to
radiation and beryllium.
(6) While linking exposure to occupational hazards with the
development of occupational disease is sometimes difficult,
scientific evidence supports the conclusion that occupational
exposure to dust particles or vapor of beryllium can cause beryllium
sensitivity and chronic beryllium disease. Furthermore, studies
indicate than 98 percent of radiation-induced cancers within the
nuclear weapons complex have occurred at dose levels below existing
maximum safe thresholds.
(7) Existing information indicates that State workers’
compensation programs do not provide a uniform means of ensuring
adequate compensation for the types of occupational illnesses and
diseases that relate to the employees at those sites.
(8) To ensure fairness and equity, the civilian men and women
who, over the past 50 years, have performed duties uniquely related
to the nuclear weapons production
and testing programs of the Department of Energy and its predecessor
agencies should have efficient, uniform, and adequate compensation
for beryllium-related health conditions and radiation-related health
conditions.
(9) On April 12, 2000, the Secretary of Energy announced that the
Administration intended to seek compensation for individuals with a
broad range of work-related illnesses throughout the Department of
Energy’s nuclear weapons complex.
(10) However, as of October 2, 2000, the Administration has
failed to provide Congress with the necessary legislative and budget
proposals to enact the promised compensation program.
(b) SENSE OF CONGRESS—It is the sense of Congress that—
(1) a program should be established to provide compensation to
covered employees;
(2) a fund for payment of such compensation should be established
on the books of the Treasury;
(3) payments from that fund should be made only after—
(A) the identification of
employees of the Department of Energy (including its predecessor
agencies), and of contractors of the Department, who may be
members of the group of covered employees;
(B) the establishment of a process to receive and administer
claims for compensation for disability or death of covered
employees;
(C) the submittal by the President of a legislative proposal
for compensation of such employees that includes the estimated
annual budget resources for that compensation; and
(D) consideration by the Congress of the legislative proposal
submitted by the President; and
(4) payments from that fund should commence not later than fiscal
year 2002.
Pub. L. 106-398, Title XXXVI, § 3602
Short Title
Pub. L. 106-398, Title XXXVI, § 3601 provided that: "This title
may be cited as the ‘Energy Employees Occupational Illness
Compensation Program Act of 2000’."
§ 7384d. Establishment of Energy Employees Occupational Illness
Compensation Program
(a) PROGRAM ESTABLISHED—There is hereby established a program to be
known as the "Energy Employees Occupational Illness Compensation
Program" (in this subchapter referred to as the "compensation
program"). The President shall carry out the compensation program
through one or more Federal agencies or officials, as designated by the
President.
(b) PURPOSE OF PROGRAM—The purpose of the compensation program is
to provide for timely, uniform, and adequate compensation of covered
employees and, where applicable, survivors of such employees, suffering
from illnesses incurred by such employees in the performance of duty for
the Department of Energy and certain of its contractors and
subcontractors.
(c) ELIGIBILITY FOR COMPENSATION—The eligibility of covered
employees for compensation under the compensation program shall be
determined in accordance with the provisions of part B of this
subchapter as may be modified by a law enacted after the date of the
submittal of the proposal for legislation required by section 7384f of
this title.
Pub. L. 106-398, Title XXXVI, § 3611
§ 7384e. Establishment of Energy Employees Occupational Illness
Compensation Fund
(a) ESTABLISHMENT—There is hereby established on the books of the
Treasury a fund to be known as the "Energy Employees Occupational
Illness Compensation Fund" (in this subchapter referred to as the
"compensation fund").
(b) AMOUNTS IN COMPENSATION FUND—The compensation fund shall
consist of the following amounts:
(1) Amounts appropriated to the compensation fund pursuant to the
authorization of appropriations in section 7384g(b) of this title.
(2) Amounts transferred to the compensation fund under subsection
(c).
(c) FINANCING OF COMPENSATION FUND—Upon the exhaustion of amounts
in the compensation fund attributable to the authorization of
appropriations in section 7384g(b) of this title, the Secretary of the
Treasury shall transfer directly to the compensation fund from the
General Fund of the Treasury, without further appropriation, such
amounts as are further necessary to carry out the compensation program.
(d) USE OF COMPENSATION FUND—Subject to subsection (e), amounts in
the compensation fund shall be used to carry out the compensation
program.
(e) ADMINISTRATIVE COSTS NOT PAID FROM COMPENSATION FUND—No cost
incurred in carrying out the compensation program, or in administering
the compensation fund, shall be paid from the compensation fund or set
off against or otherwise deducted from any payment to any individual
under the compensation program.
(f) INVESTMENT OF AMOUNTS IN COMPENSATION FUND—Amounts in the
compensation fund shall be invested in accordance with section 9702 of
title 31, United States Code, and any interest on, and proceeds from,
any such investment shall be credited to and become a part of the
compensation fund.
Pub. L. 106-398, Title XXXVI, § 3612
§ 7384f. Legislative proposal
(a) LEGISLATIVE PROPOSAL REQUIRED—Not later than March 15, 2001,
the President shall submit to Congress a proposal for legislation to
implement the compensation program. The proposal for legislation shall
include, at a minimum, the specific recommendations (including draft
legislation) of the President for the following:
(1) The types of compensation and benefits, including lost wages,
medical benefits, and any lump-sum settlement payments, to be
provided under the compensation program.
(2) Any adjustments or modifications necessary to appropriately
administer the compensation program under part B of this subchapter.
(3) Whether to expand the compensation program to include other
illnesses associated with exposure to toxic substances.
(4) Whether to expand the class of individuals who are members of
the Special Exposure Cohort (as defined in section 7384l(14)) of
this title.
(b) ASSESSMENT OF POTENTIAL COVERED EMPLOYEES AND REQUIRED AMOUNTS—The
President shall include with the proposal for legislation under
subsection (a) the following:
(1) An estimate of the number of covered employees that the
President determines were exposed in the performance of duty.
(2) An estimate, for each fiscal year of the compensation
program, of the amounts to be required for compensation and benefits
anticipated to be provided in such fiscal year under the
compensation program.
Pub. L. 106-398, Title XXXVI, § 3613
§ 7384g. Authorization of appropriations
(a) IN GENERAL—Pursuant to the authorization of appropriations in
section 3103(a)*, $25,000,000 may be used for purposes of carrying out
this subchapter.
(b) COMPENSATION FUND—There is hereby authorized to be appropriated
$250,000,000 to the Energy Employees Occupational Illness Compensation
Fund established by section 7384e of this title.
Pub. L. 106-398, Title XXXVI, § 3614
*Pub. L. 106-398, Title XXXI, § 3103(a).
PART B—PROGRAM ADMINISTRATION
§ 7384l. Definitions for program administration
In this subchapter:
(1) The term "covered employee" means any of the following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 7384r of this title, a
covered employee with chronic silicosis (as defined in that
section).
(2) The term "atomic weapon" has the meaning given that
term in section 11 d.* of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(d)).
(3) The term "atomic weapons employee" means 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.
(4) The term "atomic weapons employer" means an entity,
other than the United States, that—
(A) processed or produced, for use by the United States, material
that emitted radiation and was used in the production of an atomic
weapon, excluding uranium mining and milling; and
(B) is designated by the Secretary of Energy as an atomic weapons
employer for purposes of the compensation program.
(5) The term "atomic weapons employer facility" means a
facility, owned by an atomic weapons employer, that is or was used to
process or produce, for use by the United States, material that emitted
radiation and was used in the production of an atomic weapon, excluding
uranium mining or milling.
(6) The term "beryllium vendor" means any of the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its predecessor, Brush
Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its predecessors, Kawecki-Berylco,
Cabot Corporation, BerylCo, and Beryllium Corporation of America.
(F) Nuclear Materials and Equipment Corporation.
(G) StarMet Corporation and its predecessor, Nuclear Metals,
Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer of beryllium or
related products designated as a beryllium vendor for purposes of
the compensation program under section 7384m of this title.
(7) The term "covered beryllium employee" means the
following, if and only if the employee is determined to have been
exposed to beryllium in the performance of duty in accordance with
section 7384n(a) of this title:
(A) A current or former employee (as that term is defined in
section 8101(1) of Title 5) who may have been exposed to beryllium
at a Department of Energy facility or at a facility owned, operated,
or occupied by a beryllium vendor.
(B) A current or former employee of—
(i) any entity that contracted with the Department of Energy
to provide management and operation, management and integration,
or environmental remediation of a Department of Energy facility;
or
(ii) any contractor or subcontractor that provided services,
including construction and maintenance, at such a facility.
(C) A current or former employee of a beryllium vendor, or of a
contractor or subcontractor of a beryllium vendor, during a period
when the vendor was engaged in activities related to the production
or processing of beryllium for sale to, or use by, the Department of
Energy.
(8) The term "covered beryllium illness" means any of the
following:
(A) Beryllium sensitivity as established by an abnormal beryllium
lymphocyte proliferation test performed on either blood or lung
lavage cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or disability sustained as a
consequence of a covered beryllium illness referred to in
subparagraph (A) or (B).
(9) The term "covered employee with cancer" means any of
the following:
(A) An individual with a specified cancer who is a member of the
Special Exposure Cohort, if and only if that individual contracted
that specified cancer after beginning employment at a Department of
Energy facility (in the case of a Department of Energy employee or
Department of Energy contractor employee) or at an atomic weapons
employer facility (in the case of an atomic weapons employee).
(B)(i) An individual with cancer specified in subclause (I),
(II), or (III) of clause (ii), if and only if that individual is
determined to have sustained that cancer in the performance of duty
in accordance with section 7384n(b) of this title.
(ii) Clause (i) applies to any of the following:
(I) A Department of Energy employee who contracted that
cancer after beginning employment at a Department of Energy
facility.
(II) A Department of Energy contractor employee who
contracted that cancer after beginning employment at a
Department of Energy facility.
(III) An atomic weapons employee who contracted that cancer
after beginning employment at an atomic weapons employer
facility.
(10) The term "Department of Energy" includes the
predecessor agencies of the Department of Energy, including the
Manhattan Engineering District.
(11) The term "Department of Energy contractor employee"
means any of the following:
(A) An individual who is or was in residence at a Department of
Energy facility as a researcher for one or more periods aggregating
at least 24 months.
(B) An individual who is or was employed at a Department of
Energy facility by—
(i) an entity that contracted with the Department of Energy
to provide management and operating, management and integration,
or environmental remediation at the facility; or
(ii) a contractor or subcontractor that provided services,
including construction and maintenance, at the facility.
(12) The term "Department of Energy facility" means any
building, structure, or premise, including the grounds upon which such
building, structure, or premise is located—
(A) in which operations are, or have been, conducted by, or on
behalf of, the Department of Energy (except for buildings,
structures, premises, grounds, or operations covered by Executive
Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note),
pertaining to the Naval Nuclear Propulsion Program); and
(B) with regard to which the Department of Energy has or had—
(i) a proprietary interest; or
(ii) entered into a contract with an entity to provide
management and operation, management and integration,
environmental remediation services, construction, or maintenance
services.
(13) The term "established
chronic beryllium disease" means chronic beryllium disease as
established by the following:
(A) For diagnoses on or after January 1, 1993, beryllium
sensitivity (as established in accordance with paragraph (8)(A)),
together with lung pathology consistent with chronic beryllium
disease, including—
(i) a lung biopsy showing granulomas or a lymphocytic process
consistent with chronic beryllium disease;
(ii) a computerized axial tomography scan showing changes
consistent with chronic beryllium disease; or
(iii) pulmonary function or exercise testing showing
pulmonary deficits consistent with chronic beryllium disease.
(B) For diagnoses before January 1, 1993, the presence of—
(i) occupational or environmental history, or epidemiologic
evidence of beryllium exposure; and
(iii) any three of the following criteria:
(I) Characteristic chest radiographic (or computed
tomography (CT)) abnormalities.
(II) Restrictive or obstructive lung physiology testing
or diffusing lung capacity defect.
(III) Lung pathology consistent with chronic beryllium
disease.
(IV) Clinical course
consistent with a chronic respiratory disorder.
(V) Immunologic tests showing beryllium sensitivity (skin
patch test or beryllium blood test preferred).
(14) The term "member of the Special Exposure Cohort" means
a Department of Energy employee, Department of Energy contractor
employee, or atomic weapons employee who meets any of the following
requirements:
(A) The employee was so employed for a number of work days
aggregating at least 250 work days before February 1, 1992, at a
gaseous diffusion plant located in Paducah, Kentucky, Portsmouth,
Ohio, or Oak Ridge, Tennessee, and, during such employment—
(i) was monitored through the use of dosimetry badges for
exposure at the plant of the external parts of employee’s body
to radiation; or
(ii) worked in a job that had exposures comparable to a job
that is or was monitored through the use of dosimetry badges.
(B) The employee was so employed before January 1, 1974, by the
Department of Energy or a Department of Energy contractor or
subcontractor on Amchitka Island, Alaska, and was exposed to
ionizing radiation in the performance of duty related to the Long
Shot, Milrow, or Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee is an individual
designated as a member of the Special Exposure Cohort by the
President for purposes of the compensation
program under section 7384q of this title.
(ii) A designation under clause (i) shall, unless Congress
otherwise provides, take effect on the date that is 180 days after
the date on which the President submits to Congress a report
identifying the individuals covered by the designation and
describing the criteria used in designating those individuals.
(15) The term "occupational illness" means a covered
beryllium illness, cancer referred to in section 7384l(9)(B) of this
title, specified cancer, or chronic silicosis, as the case may be.
(16) The term "radiation" means ionizing radiation in the
form of—
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles from accelerator
machines.
(17) The term "specified cancer" means any of the
following:
(A) A specified disease, as that term is defined in section
4(b)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note).
(B) Bone cancer.
(C) Renal cancers.
(D) Leukemia (other than chronic lymphocytic leukemia), if
initial occupational exposure occurred before 21 years of age and
onset occurred more than two years after initial occupational
exposure.
[(18) Repealed.]
Pub. L. 106-398, Title XXXVI, § 3621; Pub. L. 107-20, § 2403(a);
Pub. L. 107-107, §§ 3151(a)(1) and 3151(a)(4)(C)
*So in original. Probably should be
"section 11(d)".
§ 7384m. Expansion of list of beryllium vendors
Not later than December 31, 2002, the President may, in consultation
with the Secretary of Energy, designate as a beryllium vendor for
purposes of section 7384l(6) of this title any vendor, processor, or
producer of beryllium or related products not previously listed under or
designated for purposes of such section 7384l(6) of this title if the
President finds that such vendor, processor, or producer has been
engaged in activities related to the production or processing of
beryllium for sale to, or use by, the Department of Energy in a manner
similar to the entities listed in such section 7384l(6) of this title.
Pub. L. 106-398, Title XXXVI, § 3622
§ 7384n. Exposure in the performance of duty
(a) BERYLLIUM—A covered beryllium employee shall, in the absence of
substantial evidence to the contrary, be determined to have been exposed
to beryllium in the performance of duty for the purposes of the
compensation program if, and only if, the covered beryllium employee was—
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a facility
owned and operated by a beryllium vendor, because of employment by
the United States, a beryllium vendor, or a contractor or
subcontractor of the Department of Energy;
during a period when beryllium dust, particles, or vapor may have
been present at such facility.
(b) CANCER—An individual with cancer specified in subclause (I),
(II), or (III) of section 7384l(9)(B)(ii) of this title shall be
determined to have sustained that cancer in the performance of duty for
purposes of the compensation program if, and only if, the cancer
specified in that subclause was at least as likely as not related to
employment at the facility specified in that subclause, as determined in
accordance with the guidelines established under subsection (c).
(c) GUIDELINES—(1) For purposes of the compensation program, the
President shall by regulation establish guidelines for making the
determinations required by subsection (b).
(2) The President shall establish such guidelines after technical
review by the Advisory Board on Radiation and Worker Health under
section 7384o of this title.
(3) Such guidelines shall—
(A) be based on the radiation dose received by the employee (or a
group of employees performing similar work) at such facility and the
upper 99 percent confidence interval of the probability of causation
in the radioepidemiological tables published under section 7(b) of
the Orphan Drug Act (42 U.S.C. 241 note), as such tables may be
updated under section 7(b)(3) of such Act from time to time;
(B) incorporate the methods established under subsection (d); and
(C) take into consideration the type of cancer, past
health-related activities (such as smoking), information on the risk
of developing a radiation-related cancer from workplace exposure,
and other relevant factors.
(d) METHODS FOR RADIATION DOSE RECONSTRUCTIONS—(1) The President
shall, through any Federal agency (other than the Department of Energy)
or official (other than the Secretary of Energy or any other official
within the Department of Energy) that the President may designate,
establish by regulation methods for arriving at reasonable estimates of
the radiation doses received by an individual specified in subparagraph
(B) of section 7384l(9) of this title at a facility specified in that
subparagraph by each of the following employees:
(A) An employee who was not monitored for exposure to radiation
at such facility.
(B) An employee who was monitored inadequately for exposure to
radiation at such facility.
(C) An employee whose records of exposure to radiation at such
facility are missing or incomplete.
(2) The President shall establish an independent review process using
the Advisory Board on Radiation and Worker Health to—
(A) assess the methods established under paragraph (1); and
(B) verify a reasonable sample of the doses established under
paragraph (1).
(e) INFORMATION ON RADIATION DOSES—(1) The Secretary of Energy
shall provide, to each covered employee with cancer specified in section
7384l(9)(B) of this title, information specifying the estimated
radiation dose of that employee during each employment specified in
section 7384l(9)(B) of this title, whether established by a dosimetry
reading, by a method established under subsection (d), or by both a
dosimetry reading and such method.
(2) The Secretary of Health and Human Services and the Secretary of
Energy shall each make available to researchers and the general public
information on the assumptions, methodology, and data used in
establishing radiation doses under subsection (d). The actions taken
under this paragraph shall be consistent with the protection of private
medical records.
Pub. L. 106-398, Title XXXVI, § 3623
§ 7384o. Advisory board on radiation and worker health
(a) ESTABLISHMENT—(1) Not later than 120 days after October 30,
2000, the President shall establish and appoint an Advisory Board on
Radiation and Worker Health (in this section referred to as the
"Board").
(2) The President shall make appointments to the Board in
consultation with organizations with expertise on worker health issues
in order to ensure that the membership of the Board reflects a balance
of scientific, medical, and worker perspectives.
(3) The President shall designate a Chair for the Board from among
its members.
(b) DUTIES—The Board shall advise the President on—
(1) the development of guidelines under section 7384n(c) of this
title;
(2) the scientific validity and quality of dose estimation and
reconstruction efforts being performed for purposes of the
compensation program; and
(3) such other matters related to radiation and worker health in
Department of Energy facilities as the President considers
appropriate.
(c) STAFF—(1) The President shall appoint a staff to facilitate the
work of the Board. The staff shall be headed by a Director who shall be
appointed under subchapter VIII of chapter 33 of Title 5.
(2) The President may accept as staff of the Board personnel on
detail from other Federal agencies. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
(d) EXPENSES—Members of the Board, other than full-time employees
of the United States, while attending meetings of the Board or while
otherwise serving at the request of the President, while serving away
from their homes or regular places of business, shall be allowed travel
and meal expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of Title 5, for individuals in the Government
serving without pay.
Pub. L. 106-398, Title XXXVI, § 3624
§ 7384p. Responsibilities of Secretary of Health and Human Services
The Secretary of Health and Human Services shall carry out that
Secretary’s responsibilities with respect to the compensation program
with the assistance of the Director of the National Institute for
Occupational Safety and Health.
Pub. L. 106-398, Title XXXVI, § 3625
§ 7384q. Designation of additional members of Special Exposure
Cohort
(a) ADVICE ON ADDITIONAL MEMBERS—(1) The Advisory Board on
Radiation and Worker Health under section 7384o of this title shall
advise the President whether there is a class of employees at any
Department of Energy facility who likely were exposed to radiation at
that facility but for whom it is not feasible to estimate with
sufficient accuracy the radiation dose they received.
(2) The advice of the Advisory Board on Radiation and Worker Health
under paragraph (1) shall be based on exposure assessments by radiation
health professionals, information provided by the Department of Energy,
and such other information as the Advisory Board considers appropriate.
(3) The President shall request advice under paragraph (1) after
consideration of petitions by classes of employees described in that
paragraph for such advice. The President shall consider such petitions
pursuant to procedures established by the President.
(b) DESIGNATION OF ADDITIONAL MEMBERS—Subject to the provisions of
section 7384l(14)(C) of this title, the members of a class of employees
at a Department of Energy facility, or at an atomic weapons employer
facility, may be treated as members of the Special Exposure Cohort for
purposes of the compensation program if the President, upon
recommendation of the Advisory Board on Radiation and Worker Health,
determines that—
(1) it is not feasible to estimate with sufficient accuracy the
radiation dose that the class received; and
(2) there is a reasonable likelihood that such radiation dose may
have endangered the health of members of the class.
(c) ACCESS TO INFORMATION—The Secretary of Energy shall provide, in
accordance with law, the Secretary of Health and Human Services and the
members and staff of the Advisory Board on Radiation and Worker Health
access to relevant information on worker exposures, including access to
Restricted Data (as defined in section 11 y.* of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y)).
Pub. L. 106-398, Title XXXVI, § 3626; Pub. L. 107-107, § 3151(a)(2)
*So in original. Probably should be "section 11(y)".
§ 7384r. Separate treatment of chronic silicosis
(a) SENSE OF CONGRESS—The Congress finds that employees who worked
in Department of Energy test sites and later contracted chronic
silicosis should also be considered for inclusion in the compensation
program. Recognizing that chronic silicosis resulting from exposure to
silica is not a condition unique to the nuclear weapons industry, it is
not the intent of Congress with this subchapter to establish a precedent
on the question of chronic silicosis as a compensable occupational
disease. Consequently, it is the sense of Congress that a further
determination by the President is appropriate before these workers are
included in the compensation program.
(b) CERTIFICATION BY PRESIDENT—A covered employee with chronic
silicosis shall be treated as a covered employee (as defined in section
7384l(1)) of this title for the purposes of the compensation program
required by section 7384d of this title unless the President submits to
Congress not later than 180 days after October 30, 2000 the
certification of the President that there is insufficient basis to
include such employees. The President shall submit with the
certification any recommendations about the compensation program with
respect to covered employees with chronic silicosis as the President
considers appropriate.
(c) EXPOSURE TO SILICA IN THE PERFORMANCE OF DUTY—A covered
employee shall, in the absence of substantial evidence to the contrary,
be determined to have been exposed to silica in the performance of duty
for the purposes of the compensation program if, and only if, the
employee was present for a number of work days aggregating at least 250
work days during the mining of tunnels at a Department of Energy
facility located in Nevada or Alaska for tests or experiments related to
an atomic weapon.
(d) COVERED EMPLOYEE WITH CHRONIC SILICOSIS—For purposes of this
subchapter, the term "covered employee with chronic silicosis"
means a Department of Energy employee, or a Department of Energy
contractor employee, with chronic silicosis who was exposed to silica in
the performance of duty as determined under subsection (c).
(e) CHRONIC SILICOSIS—For purposes of this subchapter, the term
"chronic silicosis" means a non- malignant lung disease if—
(1) the initial occupational exposure to silica dust preceded the
onset of silicosis by at least 10 years; and
(2) a written diagnosis of silicosis is made by a medical doctor
and is accompanied by—
(A) a chest radiograph, interpreted by an individual
certified by the National Institute for Occupational Safety and
Health as a B reader, classifying the existence of
pneumoconioses of category 1/0 or higher;
(B) results from a computer assisted tomograph or other
imaging technique that are consistent with silicosis; or
(C) lung biopsy findings consistent with silicosis.
Pub. L. 106-398, Title XXXVI, § 3627; Pub. L. 107-107, § 3151(a)(3)
§ 7384s. Compensation and benefits to be provided
(a) COMPENSATION PROVIDED—(1) Except as provided in paragraph (2),
a covered employee, or the survivor of that covered employee if the
employee is deceased, shall receive compensation for the disability or
death of that employee from that employee’s occupational illness in
the amount of $150,000.
(2) A covered employee shall, to the extent that employee’s
occupational illness is established beryllium sensitivity, receive
beryllium sensitivity monitoring under subsection (c) in lieu of
compensation under paragraph (1).
(b) MEDICAL BENEFITS—A covered employee shall receive medical
benefits under section 7384t of this title for that employee’s
occupational illness.
(c) BERYLLIUM SENSITIVITY MONITORING—An individual receiving
beryllium sensitivity monitoring under this subsection shall receive the
following:
(1) A thorough medical examination to confirm the nature and
extent of the individual’s established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine whether
that individual has developed established chronic beryllium disease.
(d) PAYMENT FROM COMPENSATION FUND—The compensation provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 7384e of this
title.
(e) PAYMENTS IN THE CASE OF DECEASED PERSONS—(1) In the case of a
covered employee who is deceased at the time of payment of compensation
under this section, whether or not the death is the result of the
covered employee’s occupational illness, such payment may be made only
as follows:
(A) If the covered employee is survived by a spouse who is living
at the time of payment, such payment shall be made to such surviving
spouse.
(B) If there is no surviving spouse described in subparagraph
(A), such payment shall be made in equal shares to all children of
the covered employee who are living at the time of payment.
(C) If there is no surviving spouse described in subparagraph (A)
and if there are no children described in subparagraph (B), such
payment shall be made in equal shares to the parents of the covered
employee who are living at the time of payment.
(D) If there is no surviving spouse described in subparagraph
(A), and if there are no children described in subparagraph (B) or
parents described in subparagraph (C), such payment shall be made in
equal shares to all grandchildren of the covered employee who are
living at the time of payment.
(E) If there is no surviving spouse described in subparagraph
(A), and if there are no children described in subparagraph (B),
parents described in subparagraph (C), or grandchildren described in
subparagraph (D), then such payment shall be made in equal shares to
the grandparents of the covered employee who are living at the time
of payment.
(F) Notwithstanding the other provisions of this paragraph, if
there is—
(i) a surviving spouse described in subparagraph (A); and
(ii) at least one child of the covered employee who is living
and a minor at the time of payment and who is not a recognized
natural child or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse,
and the other half of such payment shall be made in equal shares to
each child of the covered employee who is living and a minor at the
time of payment.
(2) If a covered employee eligible for payment dies before filing a
claim under this title, a survivor of that employee who may receive
payment under paragraph (1) may file a claim for such payment.
(3) For purposes of this subsection—
(A) the "spouse" of an individual is a wife or husband
of that individual who was married to that individual for at least
one year immediately before the death of that individual;
(B) a "child" includes a recognized natural child, a
stepchild who lived with an individual in a regular parent-child
relationship, and an adopted child;
(C) a "parent" includes fathers and mothers through
adoption;
(D) a "grandchild" of an individual is a child of a
child of that individual; and
(E) a "grandparent" of an individual is a parent of a
parent of that individual.
(f) EFFECTIVE DATE—This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
Pub. L. 106-398, Title XXXVI, § 3628; Pub. L. 107-107, §
3151(a)(4)(A)
§ 7384t. Medical benefits
(a) MEDICAL BENEFITS PROVIDED—The United States shall furnish, to
an individual receiving medical benefits under this section for an
illness, the services, appliances, and supplies prescribed or
recommended by a qualified physician for that illness, which the
President considers likely to cure, give relief, or reduce the degree or
the period of that illness.
(b) PERSONS FURNISHING BENEFITS—(1) These services, appliances, and
supplies shall be furnished by or on the order of United States medical
officers and hospitals, or, at the individual’s option, by or on the
order of physicians and hospitals designated or approved by the
President.
(2) The individual may initially select a physician to provide
medical services, appliances, and supplies under this section in
accordance with such regulations and instructions as the President
considers necessary.
(c) TRANSPORTATION AND EXPENSES—The individual may be furnished
necessary and reasonable transportation and expenses incident to the
securing of such services, appliances, and supplies.
(d) COMMENCEMENT OF BENEFITS—An individual receiving benefits under
this section shall be furnished those benefits as of the date on which
that individual submitted the claim for those benefits in accordance
with this subchapter.
(e) PAYMENT FROM COMPENSATION FUND—The benefits provided under this
section, when authorized or approved by the President, shall be paid
from the compensation fund established under section 7384e of this
title.
(f) EFFECTIVE DATE—This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
Pub. L. 106-398, Title XXXVI, § 3629
§ 7384u. Separate treatment of certain uranium employees
(a) COMPENSATION PROVIDED—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
(hereinafter in this section referred to as a "covered uranium
employee"), or the survivor of that covered uranium employee if the
employee is deceased, shall receive compensation under this section in
the amount of $50,000.
(b) MEDICAL BENEFITS—A covered uranium employee shall receive
medical benefits under section 7384t of this title for the illness for
which that employee received $100,000 under section 5 of that Act.
(c) COORDINATION WITH RECA—The compensation and benefits provided
in subsections (a) and (b) are separate from any compensation or
benefits provided under that Act.
(d) PAYMENT FROM COMPENSATION FUND—The compensation provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 7384e of this
title.
(e) PAYMENTS IN THE CASE OF DECEASED PERSONS—(1) In the case of a
covered employee who is deceased at the time of payment of compensation
under this section, whether or not the death is the result of the
covered employee’s occupational illness, such payment may be made only
as follows:
(A) If the covered employee is survived by a spouse who is living
at the time of payment, such payment shall be made to such surviving
spouse.
(B) If there is no surviving spouse described in subparagraph
(A), such payment shall be made in equal shares to all children of
the covered employee who are living at the time of payment.
(C) If there is no surviving spouse described in subparagraph (A)
and if there are no children described in subparagraph (B), such
payment shall be made in equal shares to the parents of the covered
employee who are living at the time of payment.
(D) If there is no surviving spouse described in subparagraph
(A), and if there are no children described in subparagraph (B) or
parents described in subparagraph (C), such payment shall be made in
equal shares to all grandchildren of the covered employee who are
living at the time of payment.
(E) If there is no surviving spouse described in subparagraph
(A), and if there are no children described in subparagraph (B),
parents described in subparagraph (C), or grandchildren described in
subparagraph (D), then such payment shall be made in equal shares to
the grandparents of the covered employee who are living at the time
of payment.
(F) Notwithstanding the other provisions of this paragraph, if
there is—
(i) a surviving spouse described in subparagraph (A); and
(ii) at least one child of the covered employee who is living
and a minor at the time of payment and who is not a recognized
natural child or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse,
and the other half of such payment shall be made in equal shares to
each child of the covered employee who is living and a minor at the
time of payment.
(2) If a covered employee eligible for payment dies before filing a
claim under this title, a survivor of that employee who may receive
payment under paragraph (1) may file a claim for such payment.
(3) For purposes of this subsection—
(A) the "spouse" of an individual is a wife or husband
of that individual who was married to that individual for at least
one year immediately before the death of that individual;
(B) a "child" includes a recognized natural child, a
stepchild who lived with an individual in a regular parent-child
relationship, and an adopted child;
(C) a "parent" includes fathers and mothers through
adoption;
(D) a "grandchild" of an individual is a child of a
child of that individual; and
(E) a "grandparent" of an individual is a parent of a
parent of that individual.
(f) PROCEDURES REQUIRED—The President shall establish procedures to
identify and notify each covered uranium employee, or the survivor of
that covered uranium employee if that employee is deceased, of the
availability of compensation and benefits under this section.
(g) EFFECTIVE DATE—This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
Pub. L. 106-398, Title XXXVI, § 3630; Pub. L. 107-107, §
3151(a)(4)(B)
§ 7384v. Assistance for claimants and potential claimants
(a) ASSISTANCE FOR CLAIMANTS—The President shall, upon the receipt
of a request for assistance from a claimant under the compensation
program, provide assistance to the claimant in connection with the
claim, including—
(1) assistance in securing medical testing and diagnostic
services necessary to establish the existence of a covered beryllium
illness, chronic silicosis, or cancer; and
(2) such other assistance as may be required to develop facts
pertinent to the claim.
(b) ASSISTANCE FOR POTENTIAL CLAIMANTS—The President shall take
appropriate actions to inform and assist covered employees who are
potential claimants under the compensation program, and other potential
claimants under the compensation program, of the availability of
compensation under the compensation program, including actions to—
(1) ensure the ready availability, in paper and electronic
format, of forms necessary for making claims;
(2) provide such covered employees and other potential claimants
with information and other support necessary for making claims,
including—
(A) medical protocols for medical testing and diagnosis to
establish the existence of a covered beryllium illness, chronic
silicosis, or cancer; and
(B) lists of vendors approved for providing laboratory
services related to such medical testing and diagnosis; and
(3) provide such additional assistance to such covered employees
and other potential claimants as may be required for the development
of facts pertinent to a claim.
(c) INFORMATION FROM BERYLLIUM VENDORS AND OTHER CONTRACTORS—As
part of the assistance program provided under subsections (a) and (b),
and as permitted by law, the Secretary of Energy shall, upon the request
of the President, require a beryllium vendor or other Department of
Energy contractor or subcontractor to provide information relevant to a
claim or potential claim under the compensation program to the
President.
Pub. L. 106-398, Title XXXVI, § 3631
PART C—TREATMENT,
COORDINATION, AND FORFEITURE OF COMPENSATION AND BENEFITS
§ 7385. Offset for certain payments
A payment of compensation to an individual, or to a survivor of that
individual, under part B of this subchapter shall be offset by the
amount of any payment made pursuant to a final award or settlement on a
claim (other than a claim for worker’s compensation), against any
person, that is based on injuries incurred by that individual on account
of the exposure of a covered beryllium employee, covered employee with
cancer, covered employee with chronic silicosis (as defined in section
7384r of this title), or covered uranium employee (as defined in section
7384u of this title), while so employed, to beryllium, radiation,
silica, or radiation, respectively.
Pub. L. 106-398, Title XXXVI, § 3641
§ 7385a. Subrogation of the United States
Upon payment of compensation under part B of this subchapter, the
United States is subrogated for the amount of the payment to a right or
claim that the individual to whom the payment was made may have against
any person on account of injuries referred to in section 7385 of this
title.
Pub. L. 106-398, Title XXXVI, § 3642
§ 7385b. Payment in full settlement of claims
The acceptance by an individual of payment of compensation under part
B of this subchapter with respect to a covered employee shall be in full
satisfaction of all claims of or on behalf of that individual against
the United States, against a Department of Energy contractor or
subcontractor, beryllium vendor, or atomic weapons employer, or against
any person with respect to that person’ performance of a contract with
the United States, that arise out of an exposure referred to in section
7385 of this title.
Pub. L. 106-398, Title XXXVI, § 3643
§ 7385c. Exclusivity of remedy against the United States and against
contractors and subcontractors
(a) IN GENERAL—The liability of the United States or an
instrumentality of the United States under this subchapter with respect
to a cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death related thereto of a covered employee is
exclusive and instead of all other liability—
(1) of—
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department of
Energy to provide management and operation, management and
integration, or environmental remediation of a Department of
Energy facility (in its capacity as a contractor);
(D) a subcontractor that provided services, including
construction, at a Department of Energy facility (in its
capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity specified in
subparagraphs (A) through (D);
(2) to—
(A) the covered employee;
(B) the covered employee’s legal representative, spouse,
dependents, survivors and next of kin; and
(C) any other person, including any third party as to whom
the covered employee, or the covered employee’s legal
representative, spouse, dependents, survivors, or next of kin,
has a cause of action relating to the cancer (including a
specified cancer), chronic silicosis, covered beryllium illness,
or death, otherwise entitled to recover damages from the United
States, the instrumentality, the contractor, the subcontractor,
or the employee, agent, or assign of one of them;
because of the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death in any proceeding or
action including a direct judicial proceeding, a civil action, a
proceeding in admiralty, or a proceeding under a tort liability statute
or the common law.
(b) APPLICABILITY—This section applies to all cases filed on or
after October 30, 2000.
(c) WORKERS’ COMPENSATION—This section does not apply to an
administrative or judicial proceeding under a State or Federal workers’
compensation law.
Pub. L. 106-398, Title XXXVI, § 3644
§ 7385d. Election of remedy for beryllium employees and atomic
weapons employees
(a) EFFECT OF TORT CASES FILED BEFORE ENACTMENT OF ORIGINAL LAW—(1)
Except as provided in paragraph (2), if an otherwise eligible individual
filed a tort case specified in subsection (d) before October 30, 2000,
such individual shall be eligible for compensation and benefits under
subtitle* B.
(2) If such tort case remained pending as of the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2002**, and such individual does not dismiss such tort case before
December 31, 2003, such individual shall not be eligible for such
compensation or benefits.
(b) EFFECT OF TORT CASES FILED BETWEEN ENACTMENT OF ORIGINAL LAW AND
ENACTMENT OF 2001 AMENDMENTS—(1) Except as provided in paragraph (2),
if an otherwise eligible individual filed a tort case specified in
subsection (d) during the period beginning on October 30, 2000, and
ending on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002**, such individual shall not be
eligible for such compensation or benefits.
(2) If such individual dismisses such tort case on or before the last
permissible date specified in paragraph (3), such individual shall be
eligible for such compensation or benefits.
(3) The last permissible date referred to in paragraph (2) is the
later of the following dates:
(A) April 30, 2003.
(B) The date that is 30 months after the date the individual
first becomes aware that an illness covered by subtitle* B of a
covered employee may be connected to the exposure of the covered
employee in the performance of duty under section 3623***.
(c) EFFECT OF TORT CASES FILED AFTER ENACTMENT OF 2001 AMENDMENTS—(1)
If an otherwise eligible individual files a tort case specified in
subsection (d) after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002**, such individual shall not be
eligible for such compensation or benefits if a final court decision is
entered against such individual in such tort case.
(2) If such a final court decision is not entered, such individual
shall nonetheless not be eligible for such compensation or benefits,
except as follows: If such individual dismisses such tort case on or
before the last permissible date specified in paragraph (3), such
individual shall be eligible for such compensation and benefits.
(3) The last permissible date referred to in paragraph (2) is the
later of the following dates:
(A) April 30, 2003.
(B) The date that is 30 months after the date the individual
first becomes aware that an illness covered by subtitle* B of a
covered employee may be connected to the exposure of the covered
employee in the performance of duty under section 3623***.
(d) COVERED TORT CASES—A tort case specified in this subsection is
a tort case alleging a claim referred to in section 3643**** against a
beryllium vendor or atomic weapons employer.
(e) WORKERS’ COMPENSATION—This section does not apply to an
administrative or judicial proceeding under a State or Federal workers’
compensation law.
Pub. L. 106-398, Title XXXVI, § 3645; Pub. L. 107-107, § 3151(a)(5)
*So in Pub. L. 107-107. Should be "Part".
**December 28, 2001.
***So in Pub. L. 107-107. Should be "7384n".
****So in Pub. L. 107-107. Should be "7385b".
§ 7385e. Certification of treatment of payments under other laws
Compensation or benefits provided to an individual under part B of
this subchapter—
(1) shall be treated for purposes of the internal revenue laws of
the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of
determining eligibility to receive benefits described in section
3803(c)(2)(C) of Title 31, or the amount of such benefits.
Pub. L. 106-398, Title XXXVI, § 3646
§ 7385f. Claims not assignable or transferable; choice of remedies
(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE—No claim cognizable under
part B of this subchapter shall be assignable or transferable.
(b) CHOICE OF REMEDIES—No individual may receive more than one
payment of compensation under part B of this subchapter.
Pub. L. 106-398, Title XXXVI, § 3647
§ 7385g. Attorney fees
(a) GENERAL RULE—Notwithstanding any contract, the representative
of an individual may not receive, for services rendered in connection
with the claim of an individual for payment of lump-sum compensation
under part B of this subchapter, more than that percentage specified in
subsection (b) of a payment made under part B of this subchapter on such
claim.
(b) APPLICABLE PERCENTAGE LIMITATIONS—The percentage referred to in
subsection (a) is—
(1) 2 percent for the filing of an initial claim for payment of
lump-sum compensation; and
(2) 10 percent with respect to objections to a recommended
decision denying payment of lump-sum compensation.
(c) INAPPLICABLILITY TO OTHER SERVICES—This section shall not apply
with respect to services rendered that are not in connection with such a
claim for payment of lump-sum compensation.
(d) PENALTY—Any such representative who violates this section shall
be fined not more than $5,000.
Pub. L. 106-398, Title XXXVI, § 3648; Pub. L. 107-107, § 3151(a)(6)
§ 7385h. Certain claims not affected by awards of damages
A payment under part B of this subchapter shall not be considered as
any form of compensation or reimbursement for a loss for purposes of
imposing liability on any individual receiving such payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments, or to repay any person on account of worker’s compensation
payments; and a payment under part B of this subchapter shall not affect
any claim against an insurance carrier with respect to insurance or
against any person with respect to worker’s compensation.
Pub. L. 106-398, Title XXXVI, § 3649
§ 7385i. Forfeiture of benefits by convicted felons
(a) FORFEITURE OF COMPENSATION—Any individual convicted of a
violation of section 1920 of Title 18, or any other Federal or State
criminal statute relating to fraud in the application for or receipt of
any benefit under part B of this subchapter or under any other Federal
or State workers’ compensation law, shall forfeit (as of the date of
such conviction) any entitlement to any compensation or benefit under
part B of this subchapter such individual would otherwise be awarded for
any injury, illness or death covered by part B of this subchapter for
which the time of injury was on or before the date of the conviction.
(b) INFORMATION—Notwithstanding section 552a of Title 5, or any
other Federal or State law, an agency of the United States, a State, or
a political subdivision of a State shall make available to the
President, upon written request from the President and if the President
requires the information to carry out this section, the names and Social
Security account numbers of individuals confined, for conviction of a
felony, in a jail, prison, or other penal institution or correctional
facility under the jurisdiction of that agency.
Pub. L. 106-398, Title XXXVI, § 3650
§ 7385j. Coordination with other Federal radiation compensation laws
Except in accordance with section 7384u of this title, an individual
may not receive compensation or benefits under the compensation program
for cancer and also receive compensation under the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of Title 38.
Pub. L. 106-398, Title XXXVI, § 3651
PART D—ASSISTANCE IN STATE WORKERS’ COMPENSATION
PROCEEDINGS
§ 7385o. Agreements with States
(a) AGREEMENTS AUTHORIZED—The Secretary of Energy (hereinafter in
this section referred to as the "Secretary") may enter into
agreements with the chief executive officer of a State to provide
assistance to a Department of Energy contractor employee in filing a
claim under the appropriate State workers’ compensation system.
(b) PROCEDURE—Pursuant to agreements under subsection (a), the
Secretary may—
(1) establish procedures under which an individual may submit an
application for review and assistance under this section; and
(2) review an application submitted under this section and
determine whether the applicant submitted reasonable evidence that—
(A) the application was filed by or on behalf of a Department
of Energy contractor employee or employee’s estate; and
(B) the illness or death of the Department of Energy
contractor employee may have been related to employment at a
Department of Energy facility.
(c) SUBMITTAL OF APPLICATIONS TO PANELS—If provided in an agreement
under subsection (a), and if the Secretary determines that the applicant
submitted reasonable evidence under subsection (b)(2), the Secretary
shall submit the application to a physicians panel established under
subsection (d). The Secretary shall assist the employee in obtaining
additional evidence within the control of the Department of Energy and
relevant to the panel’s deliberations.
(d) COMPOSITION AND OPERATION OF PANELS—(1) The Secretary shall
inform the Secretary of Health and Human Services of the number of
physicians panels the Secretary has determined to be appropriate to
administer this section, the number of physicians needed for each panel,
and the area of jurisdiction of each panel. The Secretary may determine
to have only one panel.
(2)(A) The Secretary of Health and Human Services shall appoint panel
members with experience and competency in diagnosing occupational
illnesses under section 3109 of Title 5.
(B) Each member of a panel shall be paid at the rate of pay payable
for level III of the Executive Schedule for each day (including travel
time) the member is engaged in the work of a panel.
(3) A panel shall review an application submitted to it by the
Secretary and determine, under guidelines established by the Secretary,
by regulation, whether the illness or death that is the subject of the
application arose out of and in the course of employment by the
Department of Energy and exposure to a toxic substance at a Department
of Energy facility.
(4) At the request of a panel, the Secretary and a contractor who
employed a Department of Energy contractor employee shall provide
additional information relevant to the panel’s deliberations. A panel
may consult specialists in relevant fields as it determines necessary.
(5) Once a panel has made a determination under paragraph (3), it
shall report to the Secretary its determination and the basis for the
determination.
(6) A panel established under this subsection shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(e) ASSISTANCE—If provided in an agreement under subsection (a)—
(1) the Secretary shall review a panel’s determination made
under subsection (d), information the panel considered in reaching
its determination, any relevant new information not reasonably
available at the time of the panel’s deliberations, and the basis
for the panel’s determination;
(2) as a result of the review under paragraph (1), the Secretary
shall accept the panel’s determination in the absence of
significant evidence to the contrary; and
(3) if the panel has made a positive determination under
subsection (d) and the Secretary accepts the determination under
paragraph (2), or the panel has made a negative determination under
subsection (d) and the Secretary finds significant evidence to the
contrary—
(A) the Secretary shall assist the applicant to file a claim
under the appropriate State workers’ compensation system based
on the health condition that was the subject of the
determination;
(B) the Secretary thereafter—
(i) may not contest such claim;
(ii) may not contest an award made regarding such claim;
and
(iii) may, to the extent permitted by law, direct the
Department of Energy contractor who employed the applicant
not to contest such claim or such award, unless the
Secretary finds significant new evidence to justify such
contest; and
(C) any costs of contesting a claim or an award regarding the
claim incurred by the contractor who employed the Department of
Energy contractor employee who is the subject of the claim shall
not be an allowable cost under a Department of Energy contract.
(f) INFORMATION—At the request of the Secretary, a contractor who
employed a Department of Energy contractor employee shall make available
to the Secretary and the employee information relevant to deliberations
under this section.
(g) GAO REPORT—Not later than February 1, 2002, the Comptroller
General shall submit to Congress a report on the implementation by the
Department of Energy of the provisions of this section and of the
effectiveness of the program under this section in assisting Department
of Energy contractor employees in obtaining compensation for
occupational illness.
Pub. L. 106-398, Title XXXVI, § 3661
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