October 9, 2000
Source: http://thomas.loc.gov/cgi-bin/cpquery/R?cp106:FLD010:@1(hr945):
ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
The Senate amendment contained provisions (secs. 3501-3544) that would enact the Energy Employees Occupational Illness Compensation Act of 2000. The provision would establish a compensation program for Department of Energy (DOE) employees and DOE contractor employees who were injured due to exposure to radiation, beryllium, or silica while working at a DOE defense nuclear facility or nuclear weapons testing site.
The House bill contained no similar title.
The House recedes with an amendment that would establish the Energy Employees Occupational Illness Compensation Program.
LEGISLATIVE PROVISIONS ADOPTED
Short title (sec. 3601)
The conferees agree to include a provision that would designate the short title of the title as the Energy Employees Occupational Illness Compensation Act of 2000.
Findings; sense of Congress (sec. 3602)
The conferees agree to include a provision that would establish several findings and express the sense of Congress regarding personnel of the Department of Energy and its contractors and vendors who have sustained illnesses due to
exposure to radiation, beryllium, and silica as a result of their employment with DOE.
SUBTITLE A--ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND
Establishment of Energy Employees Occupational Illness Compensation Program (sec. 3611)
The conferees agree to include a provision that would establish the Energy Employees Occupational Illness Compensation Program. The program would provide timely, uniform, and adequate compensation to certain DOE, DOE contractor, and DOE vendor employees who were injured from exposure to radiation, beryllium, or silica while working in DOE nuclear weapons-related programs and, where applicable, their survivors.
Establishment of Energy Employees Occupational Illness Compensation Fund (sec. 3612)
The conferees agree to include a provision that would establish the Energy Employees Occupational Illness Compensation Fund. The provision would also require the Secretary of the Treasury to transfer to the Fund from the general fund of the Treasury the amounts necessary to pay compensation under this title once amounts appropriated for the Fund have been exhausted. Such payments would be considered as mandatory funding without requiring any additional authorization or appropriation. The provision would further require that no administrative costs for carrying out the program be paid out of the Fund.
Legislative proposal (sec. 3613)
The conferees agree to include a provision that would require the President to submit, not later than March 15, 2001, a legislative proposal to implement the compensation program under this title. The proposal would include, at a minimum, the following elements: (1) the types of compensation to be provided to covered employees; (2) any adjustments or modifications necessary to administer the program; (3) whether to expand the program to include other illnesses associated with exposure to toxic substances; and (4) whether to expand the special exposure cohort to include new classes of employees.
Authorization of appropriations (sec. 3614)
The conferees agree to include a provision that would authorize $25.0 million for the purposes of carrying out the administrative requirements of this title and $250.0 million for the Energy Employees Occupational Illness Compensation Fund.
SUBTITLE B--PROGRAM ADMINISTRATION
Definitions for program administration (sec. 3621)
The conferees agree to include a provision that would define the terms and criteria used in this title.
Expansion of list of beryllium vendors (sec. 3622)
The conferees agree to include a provision that would authorize the President, in consultation with the Secretary of Energy, to designate additional beryllium vendors. Such designations would be required to be made not later than December 31, 2002.
Exposure in the performance of duty (sec. 3623)
The conferees agree to include a provision that would specify the criteria for determining whether a covered beryllium employee or a covered employee with cancer was exposed in the performance of duty.
The conferees prohibit the designation of the Department of Energy as the lead agency for establishing regulations for dose reconstruction under this provision. The conferees expect the Secretary to provide information in the possession of DOE and its contractors related to radiation exposures, but direct the President to select another agency to establish regulations required by this provision.
Advisory Board on Radiation and Worker Health (sec. 3624)
The conferees agree to include a provision that would establish the Advisory Board on Radiation and Worker Health. The President would appoint members of the Board in consultation with organizations with expertise on worker health issues. The Board would advise the President on matters relating to this title, including dose reconstruction and eligibility guidelines for radiation compensation.
Responsibilities of Secretary of Health and Human Services (sec. 3625)
The conferees agree to include a provision that would require the Secretary of Health and Human Services to carry out the Secretary's responsibilities under this title with the
assistance of the National Institute of Occupational Safety and Health.
Designation of additional members of Special Exposure Cohort (sec. 3626)
The conferees agree to include a provision that would establish a process by which the President, upon recommendation of the Advisory Board on Radiation and Worker Health, could designate additional classes of employees at DOE facilities as members of the special exposure cohort 180 days after the President submits a report to Congress that would identify the class and criteria that have been used to justify their inclusion in the cohort. A class of employees would be permitted to be added if the President 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 the radiation dose may have endangered the health of members of the class.
Separate treatment of chronic silicosis (sec. 3627)
The conferees agree to include a provision that would express the sense of Congress that further determination by the President is appropriate before employees who were exposed to silica are included in a comprehensive compensation program. The provision would include DOE employees who are diagnosed with silicosis in the program unless the President submits a certification to Congress within 180 days after the enactment of this Act that there is an insufficient basis to include such employees in the program. An employee would be included in the program only if the employee worked at a covered DOE facility for an aggregate of 250 work days.
Compensation and benefits to be provided (sec. 3628)
The conferees agree to include a provision that would establish an entitlement for compensation for covered employees, or the survivor of a covered employee if the employee is deceased, consisting of a $150,000 lump sum payment. In addition, the provision would establish, for a covered employee, an entitlement for reimbursement of prospective medical expenses related to a covered illness. Employees with beryllium sensitivity would receive medical monitoring only. All such compensation would be paid from the Energy Employees Occupational Illness Compensation Fund. The effective date of this provision would be July 31, 2001, unless the Congress provides otherwise in an Act enacted before that date.
Medical benefits (sec. 3629)
The conferees agree to include a provision that would define those medical services, appliances, supplies, and other related benefits to be provided.
Separate treatment of certain uranium employees (sec. 3630)
The conferees agree to include a provision that would establish an additional entitlement for certain uranium miners, millers, and transporters, or the survivor of any such employee if the employee is deceased, who receives, or has received, payment of a claim under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note). The additional payment would consist of: (1) a $50,000 lump sum payment; and (2) reimbursement of prospective medical expenses related to the covered illness. All such compensation would be paid from the Energy Employees Occupational Illness Compensation Fund. The effective date of this provision would be July 31, 2001, unless the Congress provides otherwise in an Act enacted before that date. The provision would further require the President to establish procedures to identify and notify each eligible individual under this section.
Assistance for claimants and potential claimants (sec. 3631)
The conferees agree to include a provision that would require the President to provide to all claimants under this title the following: (1) assistance in securing medical testing and diagnostic services for covered illnesses; and (2) assistance in preparing claims. The President would also be required to take appropriate action to inform potential claimants of the availability of compensation under this title.
SUBTITLE A--ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND
Establishment of Energy Employees Occupational Illness Compensation Program (sec. 3611)
The conferees agree to include a provision that would establish the Energy Employees Occupational Illness Compensation Program. The program would provide timely, uniform, and adequate compensation to certain DOE, DOE contractor, and DOE vendor employees who were injured from exposure to radiation, beryllium, or silica while working in DOE nuclear weapons-related programs and, where applicable, their survivors.
Establishment of Energy Employees Occupational Illness Compensation Fund (sec. 3612)
The conferees agree to include a provision that would establish the Energy Employees Occupational Illness Compensation Fund. The provision would also require the Secretary of the Treasury to transfer to the Fund from the general fund of the Treasury the amounts necessary to pay compensation under this title once amounts appropriated for the Fund have been exhausted. Such payments would be considered as mandatory funding without requiring any additional authorization or appropriation. The provision would further require that no administrative costs for carrying out the program be paid out of the Fund.
Legislative proposal (sec. 3613)
The conferees agree to include a provision that would require the President to submit, not later than March 15, 2001, a legislative proposal to implement the compensation program under this title. The proposal would include, at a minimum, the following elements: (1) the types of compensation to be provided to covered employees; (2) any adjustments or modifications necessary to administer the program; (3) whether to expand the program to include other illnesses associated with exposure to toxic substances; and (4) whether to expand the special exposure cohort to include new classes of employees.
Authorization of appropriations (sec. 3614)
The conferees agree to include a provision that would authorize $25.0 million for the purposes of carrying out the administrative requirements of this title and $250.0 million for the Energy Employees Occupational Illness Compensation Fund.
SUBTITLE B--PROGRAM ADMINISTRATION
Definitions for program administration (sec. 3621)
The conferees agree to include a provision that would define the terms and criteria used in this title.
Expansion of list of beryllium vendors (sec. 3622)
The conferees agree to include a provision that would authorize the President, in consultation with the Secretary of Energy, to designate additional beryllium vendors. Such designations would be required to be made not later than December 31, 2002.
Exposure in the performance of duty (sec. 3623)
The conferees agree to include a provision that would specify the criteria for determining whether a covered beryllium employee or a covered employee with cancer was exposed in the performance of duty.
The conferees prohibit the designation of the Department of Energy as the lead agency for establishing regulations for dose reconstruction under this provision. The conferees expect the Secretary to provide information in the possession of DOE and its contractors related to radiation exposures, but direct the President to select another agency to establish regulations required by this provision.
Advisory Board on Radiation and Worker Health (sec. 3624)
The conferees agree to include a provision that would establish the Advisory Board on Radiation and Worker Health. The President would appoint members of the Board in consultation with organizations with expertise on worker health issues. The Board would advise the President on matters relating to this title, including dose reconstruction and eligibility guidelines for radiation compensation.
Responsibilities of Secretary of Health and Human Services (sec. 3625)
The conferees agree to include a provision that would require the Secretary of Health and Human Services to carry out the Secretary's responsibilities under this title with the
assistance of the National Institute of Occupational Safety and Health.
Designation of additional members of Special Exposure Cohort (sec. 3626)
The conferees agree to include a provision that would establish a process by which the President, upon recommendation of the Advisory Board on Radiation and Worker Health, could designate additional classes of employees at DOE facilities as members of the special exposure cohort 180 days after the President submits a report to Congress that would identify the class and criteria that have been used to justify their inclusion in the cohort. A class of employees would be permitted to be added if the President 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 the radiation dose may have endangered the health of members of the class.
Separate treatment of chronic silicosis (sec. 3627)
The conferees agree to include a provision that would express the sense of Congress that further determination by the President is appropriate before employees who were exposed to silica are included in a comprehensive compensation program. The provision would include DOE employees who are diagnosed with silicosis in the program unless the President submits a certification to Congress within 180 days after the enactment of this Act that there is an insufficient basis to include such employees in the program. An employee would be included in the program only if the employee worked at a covered DOE facility for an aggregate of 250 work days.
Compensation and benefits to be provided (sec. 3628)
The conferees agree to include a provision that would establish an entitlement for compensation for covered employees, or the survivor of a covered employee if the employee is deceased, consisting of a $150,000 lump sum payment. In addition, the provision would establish, for a covered employee, an entitlement for reimbursement of prospective medical expenses related to a covered illness. Employees with beryllium sensitivity would receive medical monitoring only. All such compensation would be paid from the Energy Employees Occupational Illness Compensation Fund. The effective date of this provision would be July 31, 2001, unless the Congress provides otherwise in an Act enacted before that date.
Medical benefits (sec. 3629)
The conferees agree to include a provision that would define those medical services, appliances, supplies, and other related benefits to be provided.
Separate treatment of certain uranium employees (sec. 3630)
The conferees agree to include a provision that would establish an additional entitlement for certain uranium miners, millers, and transporters, or the survivor of any such employee if the employee is deceased, who receives, or has received, payment of a claim under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note). The additional payment would consist of: (1) a $50,000 lump sum payment; and (2) reimbursement of prospective medical expenses related to the covered illness. All such compensation would be paid from the Energy Employees Occupational Illness Compensation Fund. The effective date of this provision would be July 31, 2001, unless the Congress provides otherwise in an Act enacted before that date. The provision would further require the President to establish procedures to identify and notify each eligible individual under this section.
Assistance for claimants and potential claimants (sec. 3631)
The conferees agree to include a provision that would require the President to provide to all claimants under this title the following: (1) assistance in securing medical testing and diagnostic services for covered illnesses; and (2) assistance in preparing claims. The President would also be required to take appropriate action to inform potential claimants of the availability of compensation under this title.
SUBTITLE C--TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND BENEFITS
Offset for certain payments (sec. 3641)
The conferees agree to include a provision that would require any payment of compensation under this title to be offset by the amount of any other award or settlement of a claim, other than workers' compensation, that is based on the same injury.
Subrogation of the United States (sec. 3642)
The conferees agree to include a provision that would subrogate any payment of compensation under this title to a right or claim of the covered employee against any other party for the same injury.
Payment in full settlement of claims (sec. 3643)
The conferees agree to include a provision that would specify that acceptance of payment under this title would be in full settlement of all claims against the United States, a DOE contractor or subcontractor, beryllium vendor, or atomic weapons employer for the covered illness.
Exclusivity of remedy against the United States and against contractors and subcontractors (sec. 3644)
The conferees agree to include a provision that would specify the liabilities of the United States for future claims related to covered illnesses.
Election of remedy for beryllium employees and atomic weapons employees (sec. 3645)
The conferees agree to include a provision that would allow covered beryllium and atomic weapons employees to elect a remedy for a covered illness. A covered employee could elect to file suit or to file a claim under this provision, if the election is made not later than the later of: (1) the date that is 30 months after the date of enactment of this Act; or (2) 30 months after the date the employee first becomes aware of an illness that may have been sustained in the performance of duty. The provision would provide that any currently filed tort case must be dismissed by December 31, 2003, in order for an individual to be eligible for compensation under this title.
Certification of treatment of payments under other laws (sec. 3646)
The conferees agree to include a provision that would specify that compensation or benefits provided to an individual under the compensation program would be tax exempt and would not affect the eligibility of that individual for federal assistance programs.
Claims not assignable or transferrable; choice of remedies (sec. 3647)
The conferees agree to include a provision that would specify that claims under the compensation program are not assignable or transferable. The provision would also specify that no individual may receive more than one payment of compensation under the program. This would not preclude payment of both lump sum and medical benefits to a covered individual.
Attorney fees (sec. 3648)
The conferees agree to include a provision that would limit the payment of fees to an attorney of a claimant to two percent for filing of an initial claim.
Certain claims not affected by awards of damages (sec. 3649)
The conferees agree to include a provision that would ensure that a payment under the compensation program 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 workers' compensation payments. A payment under the compensation program shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation.
Forfeiture of benefits by convicted felons (sec. 3650)
The conferees agree to include a provision that would require forfeiture of entitlement to any compensation or benefit under the compensation program by any individual convicted of a violation of section 1920 of title 18, United States Code, or any other federal or state criminal statute relating to fraud in the application for or receipt of any benefit under this program or any federal or state workers' compensation law.
Coordination with other Federal radiation compensation laws (sec. 3651)
The conferees agree to include a provision that would prevent an individual from receiving compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (section 2210 of title 42, United States Code) or section 1112(c) of title 38, United States Code, except as provided in this title.
SUBTITLE D--ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS
Agreements with States (sec. 3661)
The conferees agree to include a provision that would authorize the Secretary of Energy to enter into agreements with states to assist DOE contractor employees in filing a claim under the appropriate state workers' compensation system for illnesses related to exposure to other toxic chemicals. The provision would also establish procedures for such DOE assistance.
The Secretary of Energy would review and submit applications to an independent physician panel appointed by the Secretary of Health and Human Services. The panel would determine whether the illness or death that is the subject of the application arose as a result of exposure to a toxic substance at a DOE facility. The Secretary would be required to accept the panel's determination in the absence of significant evidence to the contrary. If the Secretary makes a positive determination, the Secretary would be required to assist the applicant in filing a claim under the appropriate state workers' compensation system. The Secretary would not contest the claim and would direct any relevant contractor not to contest the claim. The contractor's cost of fighting the claim would not be an allowable cost under a DOE contract.
Not later than February 1, 2002, the Comptroller General would be required to submit a report to Congress that would evaluate the Department's implementation of this provision and effectiveness in achieving compensation for employees with occupational illnesses.
From the Committee on Armed Services, for consideration of the House bill and the Senate amendment, and modifications committed to conference: Floyd Spence, Bob Stump, Duncan Hunter, John R. Kasich, James V. Hansen, Curt Weldon, Joel Hefley, Jim Saxton, Steve Buyer, Tillie K. Fowler, John M. McHugh, James M. Talent, Terry Everett, Roscoe G. Bartlett, Howard `Buck' McKeon, J.C. Watts, Jr., Mac Thornberry, John N. Hostettler, Saxby Chambliss, Ike Skelton, Norman Sisisky, John Spratt, Solomon P. Ortiz, Owen B. Pickett, Lane Evans, Gene Taylor, Neil Abercrombie, Martin T. Meehan, Robert A. Underwood, Thomas Allen, Vic Snyder, James H. Maloney, Mike McIntyre, Ellen O. Tauscher, Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of Mr. Kasich for consideration of section 2863 of the House bill, and section 2862 of the Senate amendment, and modifications committed to conference: Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence, for consideration of matters within the jurisdiction of that committee under clause 11 of rule X: Porter J. Goss, Jerry Lewis, Julian C. Dixon,
From the Committee on Commerce, for consideration of sections 601, 725, and 1501 of the House bill, and sections 342, 601, 618, 701, 1073, 1402, 2812, 3131, 3133, 3134, 3138, 3152, 3154, 3155, 3167-3169, 3171, 3201, and 3301-3303 of the Senate amendment, and modifications committed to conference: Tom Bliley, Joe Barton, John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of Mr. Barton of Texas for consideration of sections 601 and 725 of the House bill, and sections 601, 618, 701, and 1073 of the Senate amendment, and modifications committed to conference: Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr. Barton of Texas for consideration of section 1501 of the House bill, and sections 342 and 2812 of the Senate amendment, and modifications committed to conference: Michael G. Oxley,
From the Committee on Education and the Workforce, for consideration of sections 341, 342, 504, and 1106 of the House bill, and sections 311, 379, 553, 669, 1053, and title XXXV of the Senate amendment, and modifications committed to conference: Bill Goodling, Van Hilleary, Patsy T. Mink,
From the Committee on Government Reform, for consideration of sections 518, 651, 801, 906, 1101-1104, 1106, 1107, and 3137 of the House bill, and sections 643, 651, 801, 806, 810, 814-816, 1010A, 1044, 1045, 1057, 1063, 1069, 1073, 1101, 1102, 1104, and 1106-1118, title XIV, and sections 2871, 2881, 3155, and 3171 of the Senate amendment, and modifications committed to conference: Dan Burton, Joe Scarborough, Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr. Scarborough for consideration of section 801 of the House bill, and sections 801, 806, 810, 814-816, 1010A, 1044, 1045, 1057, 1063, and 1101, title XIV, and sections 2871 and 2881 of the Senate amendment, and modifications committed to conference: Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr. Scarborough for consideration of section 1073 of the Senate amendment, and modifications committed to conference: John M. McHugh,
From the Committee on House Administration, for consideration of sections 561-563 of the Senate amendment, and modifications committed to conference: William M. Thomas, John Boehner, Steny H. Hoyer,
From the Committee on International Relations, for consideration of sections 1201, 1205, 1209, and 1210, title XIII, and section 3136 of the House bill, and sections, 1011, 1201-1203, 1206, 1208, 1209, 1212, 1214, 3178, and 3198 of the Senate amendment, and modifications committed to conference: Bill Goodling,
From the Committee on the Judiciary, for consideration of sections 543 and 906 of the House bill, and sections 506, 645, 663, 668, 909, 1068, and 1106, title XV, and title XXXV of the Senate amendment, and modifications committed to conference: Henry Hyde, Charles T. Canady,
From the Committee on Resources, for consideration of sections 312, 601, 1501, 2853, 2883, and 3402 of the House bill, and sections 601 and 1059, title XIII, and sections 2871, 2893, and 3303 of the Senate amendment, and modifications committed to conference: Dan Young, Billy Tauzin,
From the Committee on Transportation and Infrastructure, for consideration of sections 601, 2839, and 2881 of the House bill, and sections 502, 601, and 1072 of the Senate amendment, and modifications committed to conference: Bud Shuster, Wayne T. Gilchrest, Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of Mr. Baird for consideration of section 1072 of the Senate amendment, and modifications committed to conference: Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for consideration of sections 535, 738, and 2831 of the House bill, and sections 561-563, 648, 664-666, 671, 672, 682-684, 721, 722, and 1067 of the Senate amendment, and modifications committed to conference: Michael Bilirakis, Jack Quinn, Corrine Brown,
From the Committee on Ways and Means, for consideration of section 725 of the House bill, and section 701 of the Senate amendment, and modifications committed to conference: William M. Thomas,
Managers on the Part of the House.
John W. Warner, Strom Thurmond, John McCain, Bob Smith, James Inhofe, Rick Santorum, Olympia J. Snowe, Pat Roberts, Wayne Allard, Tim Hutchinson, Jeff Sessions, Carl Levin, Edward Kennedy, Jeff Bingaman, Robert C. Byrd, Chuck Robb, Joe Lieberman, Max Cleland, Mary L. Landrieu, Jack Reed,
Managers on the Part of the Senate.