Text from Congessional Record (June 2004)
SA 3438. Mr. McCONNELL (for himself, Mr. BUNNING, Mr. BINGAMAN, Mr. GRASSLEY,
Mrs. CLINTON, Mr. DOMENICI, Ms. CANTWELL, Mr. VOINOVICH, Mr. SCHUMER, Mr.
ALEXANDER, Mr. KENNEDY, Ms. MURKOWSKI, Mrs. MURRAY, Mr. DEWINE, and Mr. TALENT)
submitted an amendment intended to be proposed by him to the bill S. 2400, 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 Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of title XXXI, add the following:
Subtitle
E--Energy Employees Occupational Illness Compensation Program
SEC. 3161. 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) FUNDING OFFSET RELATING TO EXTENSION OF CUSTOMS USER
FEES.--Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) by striking ``Fees'' and inserting ``(A) Except as
provided in subparagraph (B), fees''; and
(2) by adding at the end the following new subparagraph:
``(B) Fees may not be charged under paragraphs (1) through
(8) of subsection (a) after June 1, 2005.''.
SEC. 3162. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF
FACILITIES.
(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; and
(4) 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 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. 3163. WORKERS COMPENSATION.
(a) IN GENERAL.--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 amended to read as
follows:
``Subtitle
D--Workers Compensation
``SEC. 3661. COVERED DEPARTMENT OF ENERGY
CONTRACTOR EMPLOYEES.
``(a) IN GENERAL.--In this subtitle, the term
`covered Department of Energy contractor employee' means any Department of
Energy contractor employee determined under section 3663 to have contracted an
occupational illness or covered illness through exposure at a Department of
Energy facility.
``(b) EXCLUSION OF ILLNESS THROUGH EXPOSURE AFTER
COMMENCEMENT OF NEW PROGRAM.--For purposes of this subtitle, an
occupational illness or covered illness shall not include any illness
contracted by a Department of Energy contractor employee through exposure at a
Department of Energy facility if the exposure occurs after the date of the
enactment of the National Defense Authorization Act for Fiscal Year 2005.
``SEC. 3662. WORKERS COMPENSATION.
``(a) IN GENERAL.--Except as provided in subsection
(b), a covered Department of Energy contractor employee, or the survivor of a
covered Department of Energy contractor employee if the covered Department of
Energy contractor employee is deceased, shall receive workers compensation in
an amount determined under section 3664.
``(b) ELECTION TO PROCEED UNDER STATE WORKERS'
COMPENSATION SYSTEM.--(1) A Department of Energy contractor employee
otherwise covered by this section may elect to seek workers' compensation under
the appropriate State workers' compensation system for the occupational illness
or covered illness of the covered Department of Energy contractor employee
rather than seek workers compensation for the occupational illness or covered
illness, as the case may be, under this subtitle.
``(2) Any Department of Energy contractor employee making an
election under paragraph (1) who becomes entitled to workers' compensation
under the appropriate State workers' compensation system following an election
under that paragraph is not entitled to receive workers compensation under this
subtitle.
``(c) FUNDING.--The Secretary of Labor shall make
payments of workers compensation under this section from amounts authorized to
be appropriated for such purpose under section 3670.
``SEC. 3663. DETERMINATIONS REGARDING CONTRACTION OF
OCCUPATIONAL OR COVERED ILLNESSES.
``(a) EMPLOYEES COVERED BY PREVIOUS DETERMINATION OF
ENTITLEMENT TO COMPENSATION AND BENEFITS.--(1) A Department of Energy
contractor employee who has been determined to be entitled to compensation and
benefits for an occupational illness contracted in the performance of duty at a
Department of Energy facility under subtitle B
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the occupational illness through exposure at the Department of
Energy facility for purposes of this subtitle.
``(2) A determination, pursuant to activities under
paragraph (2) of section 3163(d) of the National Defense Authorization Act for
Fiscal Year 2005 before or during the period of transition of administration of
this subtitle to the Department of Labor under paragraph (1) of such section,
that an individual contracted an occupational illness through exposure at a
Department of Energy facility for purposes of this subtitle shall be valid for
purposes of this subtitle.
``(b) OTHER EMPLOYEES.--In the case of a Department
of Energy contractor employee not previously covered by a determination
described in subsection (a) with respect to an occupational illness, the
Department of Energy contractor employee shall be determined to have contracted
an illness (in this subtitle referred to as a `covered illness') through
exposure at a Department of Energy facility for purposes of this subtitle if--
``(1) it is at least as likely as not that exposure to a
toxic substance was a significant factor in aggravating, contributing to, or
causing the illness; and
``(2) 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.
``(c) DETERMINATIONS REGARDING EMPLOYEES NOT PREVIOUSLY
COVERED BY DETERMINATION OF ENTITLEMENT.--(1) The Secretary of Labor shall
make each determination under subsection (b) as to whether or not a Department
of Energy contractor employee described in that subsection contracted a covered
illness related to employment at a Department of Energy facility.
``(2) The Secretary may utilize the services of physicians
for purposes of making determinations under this subsection. Any physicians so
utilized shall possess appropriate expertise and experience in the evaluation
and diagnosis of illnesses aggravated, contributed to, or caused by exposure to
toxic substances.
``(3) The Secretary may secure the services of physicians
under this subsection through the appointment of physicians or by contract.
``(4) The Secretary shall consult with the Secretary of
Health and Human Services before utilizing the services of physicians for
purposes of making determinations under this subsection.
SEC. 3664. AMOUNT OF WORKERS COMPENSATION.
``(a) IN GENERAL.--The amount of workers compensation
payable to a covered Department of Energy contractor employee, or the eligible
survivors of a covered Department of Energy contractor employee, for an
occupational illness or covered illness under section 3662 is the amount of
workers' compensation to which the Department of Energy contractor employee, or
the eligible survivors, respectively, would otherwise be entitled for the
occupational illness or covered illness, as the case may be, under the
appropriate State workers' compensation system.
``(b) INAPPLICABILITY OF CERTAIN STATE WORKERS'
COMPENSATION SYSTEM LIMITATIONS.--The amount of workers' compensation to
which a covered Department of Energy contractor employee would otherwise be
entitled under subsection (a) shall be determined without regard to any
requirements under the appropriate State workers' compensation system for each
of the following:
``(1) Statutes of limitation, or other rules limiting
compensation to claims filed within a specified period after last exposure to a
toxic substance or after last employment by an employer where the employee was
exposed to a toxic substance.
``(2) Exposure rules, including minimum periods of exposure
to toxic substances.
``(3) Causation rules more stringent that the standard in
section 3663(b).
``(4) Burdens of proof, quantum of proof standards, or both
more stringent than the standard in section 3663(b).
``(5) Return to work requirements, including obligations to
participate in vocational rehabilitation and medical examinations connected
with the ability to return to work.
``(6) Medical examinations in addition to medical
examinations required by the Secretary of Labor for the application of section
3663 in determining causation or required by the Secretary of Labor for the
application of subsection (c) in determining the amount of workers'
compensation payable.
``(c) DETERMINATION OF AMOUNT.--(1) The Secretary of
Labor shall determine the amount of workers compensation payable to each
covered Department of Energy contractor employee under section 3662.
``(2)(A) The Secretary may utilize the assistance of the
workers' compensation system personnel of any State in making determinations
under paragraph (1).
``(B) The utilization of assistance under subparagraph (A)
shall be in accordance with an agreement entered into by the Secretary and the
chief executive officer of the State concerned.
``(C) An agreement under subparagraph (B) may provide for
the Secretary to reimburse the State concerned for the costs of the State in
providing assistance under the agreement.
``(3)(A) The Secretary may utilize the services of
physicians for purposes of making determinations under this subsection.
``(B) Any physicians utilized under subparagraph (A) shall
possess appropriate expertise and experience in the evaluation and
determination of the extent of permanent physical impairments.
``(C) The Secretary may secure the services of physicians
under subparagraph (A) through the appointment of physicians or by contract.
``SEC. 3665. MEDICAL BENEFITS.
``(a) IN GENERAL.--A Department of Energy contractor
employee eligible for workers compensation for an occupational illness or
covered illness under this subtitle shall be furnished medical benefits
specified in section 3629 for the occupational illness or covered illness, as
the case may be, 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.
``(b) FUNDING.--Amounts for payments for medical
benefits under this section shall be derived from amounts authorized to be
appropriated for such purpose under section 3670.
``SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.
``(a) STATUS AS DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEE.--An
individual may seek the review of a determination that the individual is not a
Department of Energy contractor employee.
``(b) ELIGIBILITY AND AMOUNT OF WORKERS COMPENSATION.--A
Department of Energy contractor employee may seek the review of any
determination as follows:
``(1) A determination under section 3663(b) that the
Department of Energy contractor employee is not a covered Department of Energy
contractor employee.
``(2) A determination under 3664 of the amount of workers
compensation payable to the Department of Energy contractor employee under
section 3662.
``(c) REVIEW.--(1) The review of a determination
under subsection (a) or (b) shall be conducted by the Secretary of Labor in
accordance with procedures applicable for the review of claims under sections
30.310 through 30.320 of title 20, Code of Federal Regulations, or any
successor regulations.
``(2)(A) The review of a determination under subsection
(b)(1) shall include review by a physician or physician panel.
``(B) Each physician or physician on a panel under
subparagraph (A) shall be a physician with experience and competency in
diagnosing illnesses aggravated, contributed to, or caused by exposure to toxic
substances.
``(C) The Secretary of Labor may investigate any allegation
that a physician appointed under this paragraph has a conflict of interest. If
the Secretary of Labor determines that a conflict of interest exists, the
Secretary shall notify the Secretary of Health and Human Services, who shall
review the allegation.
``(D) Each review by a physician or physician panel under subparagraph (A)
shall be conducted in accordance with such procedures as the Secretary shall
prescribe.
``(3)(A) The results of each review under this subsection
shall be submitted to the Secretary.
``(B) The Secretary shall accept the results of any portion
of a review under this subsection that consists of a review by a physician or
physician panel under paragraph (2) unless there is substantial evidence to the
contrary.
``(d) REVERSAL OF DETERMINATIONS.--Except as provided
in subsection (c)(3)(B), the Secretary of Labor may vacate or reverse any
determination described in subsection in subsection (a) or (b) if the Secretary
determines, as the result of a review of such determination under subsection
(c), that such determination was erroneous.
``SEC. 3667. ATTORNEY FEES.
``(a) IN GENERAL.--Except as provided in subsection
(b), the provisions of section 3648 shall apply to the availability of attorney
fees for assistance on a claim under this subtitle to the same extent, and
subject to the same conditions and limitations, that such provisions apply to
the availability of attorney fees for assistance on a claim under subtitle B.
``(b) ATTORNEY FEE SCHEDULE.--(1) The Secretary of
Labor may, by regulation, modify the application of section 3648 to the
availability of attorney fees under this subtitle to establish a schedule for
attorney fees under this subtitle that will ensure representation of claimants
and appropriate compensation for such representation.
``(2) The amount of attorney fees for assistance on claims
under the schedule of attorney fees shall take into appropriate account the
nature and complexity of the legal issues involved in such claims and the
procedural level at which assistance is given.
``SEC. 3668. ADMINISTRATIVE MATTERS.
``(a) IN GENERAL.--The Secretary of Labor shall
administer the provisions of this subtitle.
``(b) CONTRACT AUTHORITY.--(1) The Secretary may
enter into contracts with appropriate persons and entities in order to
administer the provisions of this subtitle.
``(2) The authority of the Secretary to enter into contracts
under this subtitle shall be effective in any fiscal year only to the extent
and in such amount as are provided in advance in appropriations Acts.
``(c) RECORDS.--(1)(A) The Secretary of Energy shall
provide to the Secretary of Labor all records, files, and other data, whether
paper, electronic, imaged, or otherwise, developed by the Secretary of Energy
that are
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applicable to the administration of the provisions of this
subtitle by the Secretary of Labor, 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 of Energy and
the Secretary of Labor jointly consider appropriate to facilitate their use by
the Secretary of Labor for purposes of this subtitle.
``(2) The Secretary of Energy and the Secretary of Labor
shall jointly undertake such actions as are appropriate to retrieve records applicable
to the claims of Department of Energy contractor employees for workers
compensation under this subtitle, including employment records, records of
exposure to beryllium, radiation, silicon, or metals or volatile organic
chemicals, and records regarding medical treatment.
``(d) REGULATIONS.--The Secretary of Labor shall
prescribe regulations necessary for the administration of the provisions of
this subtitle.
``SEC. 3669. OFFICE OF OMBUDSMAN.
``(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 assist individuals in making claims under this
subtitle.
``(2) To provide information on the benefits available under
this subtitle and on the requirements and procedures applicable to the
provision of such benefits.
``(3) To act as an advocate on behalf of individuals seeking
benefits under this subtitle.
``(4) 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.
``(5) 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.
``(C) Such recommendations as the Ombudsman considers
appropriate for the improvement of the practices of the Department of Labor in
administering this subtitle.
``(D) Such recommendations at the Ombudsman considers
appropriate for modifying the authorities and requirements of this subtitle in
order to better address the workers compensation interests of covered
Department of Energy contractor employees and others, as determined by the
Ombudsman, meriting benefits under this subtitle.
``(3) No official of the Department of Labor, or of any
other department or agency of the Federal Government, may require the review or
approval of a report of the Ombudsman under this subsection before the
submittal of such report to Congress.
``(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.
``SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.
``(a) AUTHORIZATION OF APPROPRIATIONS.--There is
authorized to be appropriated to the Secretary of Labor for fiscal year 2005
and each fiscal year thereafter such sums as may be necessary in such fiscal
year for--
``(1) the provision of compensation and benefits under this
subtitle; and
``(2) the administration of the provisions of this subtitle.
``(b) AVAILABILITY WITHOUT FISCAL YEAR LIMITATION.--Amounts
authorized to be appropriated by subsection (a) shall remain available without
fiscal year limitation.
``(c) AVAILABILITY OF AMOUNTS SUBJECT TO APPROPRIATIONS
ACTS.--The authority to provide compensation and benefits under this
subtitle shall be effective in any fiscal year only to the extent and in such
amounts as are provided in advance in appropriations Acts.''.
(b) CONFORMING AMENDMENT.--Section 3643 of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7385b) is amended by striking ``The acceptance'' and inserting ``Except as
provided in subtitle D, the acceptance''.
(c) REGULATIONS.--The Secretary of Labor shall
prescribe the regulations required by section 3668(d) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by this
section, not later than 120 days after the date of the enactment of this Act.
The Secretary may prescribe interim final regulations necessary to meet the
deadlines specified in the preceding sentence and subsection (d)(1).
(d) TRANSITION.--(1) The Secretary of Labor shall
commence the administration of the provisions of subtitle D of the Energy
Employees Occupational Illness Compensation Program Act of 2000, as amended by
this section, not later than 180 days after the date of the enactment of this
Act.
(2) The Secretary of Energy and the Secretary of Labor shall
jointly take such actions as are appropriate--
(A) to identify the activities under subtitle D of the
Energy Employees Occupational Illness Compensation Program Act of 2000, as in
effect on the day before the date of the enactment of this Act, that will
continue under that subtitle, as amended by this section, upon the commencement
of the administration of that subtitle, as so amended, by the Secretary of
Labor under paragraph (1); and
(B) to ensure the continued discharge of such activities
until the commencement of the administration of that subtitle, as so amended,
by the Secretary of Labor under paragraph (1).
(3)(A) In carrying out activities under paragraph (2), the
Secretary of Energy shall only conduct a causation review on a claim if the
claim is completely prepared and awaiting review as of the date of the
enactment of this Act.
(B) Activities under paragraph (2) on any claim covered by
such activities that is not described by subparagraph (A) shall be carried out
by the Secretary of Labor.
(e) PROVISION OF RECORDS.--The Secretary of Energy
shall, to the maximum extent practicable, complete the provision of records to
the Secretary of Labor under section 3668(c)(1) of the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended by this
section, not later than 60 days after the date of the enactment of this Act.
(f) SITE PROFILES.--(1)(A) The Secretary of Labor
shall prepare a site profile for each of the 14 Department of Energy facilities
that have received the most number of claims for compensation and benefits
under subtitle D of the Energy Employees Occupational Illness Compensation
Program Act of 2000 as of the date of the enactment of this Act.
(B) The Secretary of Labor shall prepare a site profile
under subparagraph (A) utilizing the former worker medical screening programs
of the Department of Energy.
(2) If the Secretary of Labor determines that the
preparation of a site profile for a facility cannot be performed under
paragraph (1) because no worker medical screening activities occurred for the
facility, or that preparation of the profile is otherwise impracticable, the
site profile for the facility shall be prepared by the National Institute of
Occupational Safety and Health.
(3) All site profiles required by this subsection shall be
completed not later than 210 days after the date of the enactment of this Act.
(4) The Secretary of Energy shall provide the Secretary of
Labor with any support that the Secretary of Labor considers necessary for
carrying out this subsection.
(5) In this subsection, the term ``site profile'', in the
case of a Department of Energy facility, means an exposure assessment that--
(A) identifies any processes and toxic substances used in
the facility;
(B) establishes the times in which such toxic substances
were used in the facility; and
(C) establishes the degree of exposure to such toxic
substances taking into account available records and studies and information on
such processes and toxic substances.
(g) SENSE OF CONGRESS.--It is the sense of Congress
that the Secretary of Energy should--
(1) adopt a policy not to oppose any final positive
determinations with respect to injured workers at Department of Energy
facilities and atomic weapons employer facilities under State adjudication
systems unless such determinations are frivolous; and
(2) incorporate the policy referred to in paragraph (1) in
all Department of Energy contracts with non-Federal government entities to
which such policy could apply.
(h) FUNDING FOR ADMINISTRATION IN FISCAL YEAR
2005.--(1) Of the amount authorized to be appropriated for fiscal year 2005 by
section 3102(a)(1) for environmental management for defense site acceleration
completion, $2,000,000 shall be available for purposes of the administration of
the provisions of subtitle D of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as amended by this section, during fiscal
year 2005.
(2) The Secretary of Energy shall transfer to the Secretary
of Labor the amount available under paragraph (1) for the purposes specified in
that paragraph.
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(3) The Secretary of Labor shall utilize
amounts transferred to the Secretary under paragraph (2) for the purposes
specified in paragraph (1).
SEC. 3164. TERMINATION OF EFFECT OF OTHER ENHANCEMENTS OF
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
Notwithstanding any other provision of this Act, section
3143, relating to enhancements of the Energy Employees Occupational Illness
Compensation Program, shall have no force or effect, and the amendments
specified in such section shall not be made.
SEC. 3165. SENSE OF SENATE ON RESOURCE CENTER FOR ENERGY
EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL ILLNESS COMPENSATION PROGRAM IN
WESTERN NEW YORK AND WESTERN PENNSYLVANIA REGION.
(a) FINDINGS.--The Senate 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 SENATE.--It is the sense of the Senate
to encourage the Office of Ombudsman of the Department of Labor, as established
by section 3669 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (as amended by section 3163 of this Act), to--
(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.