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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shall be treated as
having contracted 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.