[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 268 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 268
To amend the Energy Employees Occupational Illness Compensation Program
Act of 2000 to clarify the roles and responsibilities of the agencies
and actors responsible for the administration of such compensation
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Ms. Jackson-Lee of Texas introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Employees Occupational Illness Compensation Program
Act of 2000 to clarify the roles and responsibilities of the agencies
and actors responsible for the administration of such compensation
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; EFFECTIVE DATE.
(a) Short Title.--This Act may be cited as the ``Energy Employees
Occupational Illness Compensation Program Improvement Act of 2007''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384 et seq.).
(c) Effective Date.--Except as otherwise expressly provided, this
Act and the amendments made by this Act shall take effect 30 days after
the date of the enactment of this Act.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in
this Act as the ``EEOICPA'') was intended to--
(A) ensure the payment of ``timely, uniform,
adequate compensation'' to covered employees (and,
where applicable, survivors of such employees) for
occupational illnesses incurred by such employees in
the performance of duty for the Department of Energy
and certain of its contractors, subcontractors, and
vendors; and
(B) provide parity for uranium miners under the
Radiation Exposure Compensation Act (42 U.S.C. 2210
note).
(2) Four Federal agencies (the Departments of Labor, Health
and Human Services, Energy, and Justice), are assigned
responsibilities under the EEOICPA pursuant to Executive Order
13179, ``Providing Compensation to America's Nuclear Weapons
Workers'' (December 7, 2000; 65 Fed. Reg. 77487).
(3) The Department of Labor began accepting claims under
Subtitle B of the EEOICPA on July 31, 2001.
(4) The Department of Health and Human Services (HHS),
through the National Institute for Occupational Safety and
Health (NIOSH), performs radiation dose reconstruction for
cancer claims under the EEOICPA.
(5) Atomic workers served the Nation and improved national
defense by building and testing nuclear weapons, while putting
their health in jeopardy from exposure to radiation, beryllium,
and other toxic substances. Claims for radiation-related
cancers depend on credible and complete radiation records.
Because the radiation exposure of some workers was unmonitored,
and in certain circumstances it is not feasible to estimate
radiation dose with sufficient accuracy, Congress provided that
workers may petition to be members of the Special Exposure
Cohort (SEC). Members of the SEC receive an automatic
presumption that their cancer is the result of occupational
exposure to ionizing radiation. Twenty-two cancers are covered
under this presumption. Under subtitle B of the EEOICPA,
covered claimants receive a $150,000 lump sum benefit plus
prospective medical costs.
(6) Executive Order 13179 directs the Secretary of Health
and Human Services to promulgate regulations for establishing
membership in the Special Exposure Cohort, and to consider and
issue determinations on petitions by classes of employees
requesting recognition as members of the SEC.
(7) As prescribed by the EEOICPA, the Secretary of Health
and Human Services may, subject to a recommendation by the
Advisory Board on Radiation and Worker Health (referred to in
this section as the ``Advisory Board''), designate additional
classes of workers as members of the Special Exposure Cohort
without further legislative action, if--
(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that members of the class
received; and
(B) there is a reasonable likelihood that such
radiation dose may have endangered the health of the
members of the class.
(8) There is a four-step administrative review process for
evaluating SEC Petitions. The process is as follows:
(A) Step one.--The National Institute for
Occupational Safety and Health receives an SEC petition
and determines whether the petition meets the
regulatory requirements for the petition to be
evaluated, and then evaluates each qualified petition
to determine whether it is feasible given the available
radiation monitoring data to estimate radiation dose
with sufficient accuracy. Following such evaluation,
the National Institute for Occupational Safety and
Health issues a written recommendation to the
petitioners and the Advisory Board.
(B) Step two.--The Advisory Board conducts an
independent review of the evaluation by and
recommendation from the National Institute for
Occupational Safety and Health, and makes a
recommendation to the Secretary of Health and Human
Services regarding the petition. Subject to Advisory
Board direction, a technical support contractor may be
used to assess technical issues related to the
petition, evaluation report, or recommendation.
(C) Step three.--Not later than 30 days after
receipt of the Advisory Board's recommendation, the
Secretary of Health and Human Services issues a final
agency decision to grant or deny the petition, and
transmits such decision to Congress.
(D) Step four.--Congress has 30 days to review the
Secretary's decision. If Congress does not
legislatively reverse the Secretary's decision within
30 days, it will go into effect as ordered by the
Secretary.
(9) In late 2005, the Office of Management and Budget
issued a Passback communication to the Department of Labor that
contained the following statement:
``Energy Employees Occupational Illness Compensation Program Act
(EEOICPA) Part B.--ESA (Department of Labor's Employment Standard's
Administration) is to be commended for identifying the potential for a
large expansion of EEOICPA Part B benefits through the designation of
Special Exposure Cohorts (SEC). The Administration will convene a White
House-led interagency work group including HHS and Energy to develop
options for administrative procedures to contain growth in the cost of
benefits provided by the program. Discussions are not limited to, but
will involve, the following five options.
``1. Require Administration clearance of SEC
determination[s];
``2. Address any imbalance in membership of President's
Advisory Board on Radiation and Worker Health;
``3. Require an expedited review by outside experts of SEC
recommendations by NIOSH;
``4. Require NIOSH to apply `conflict of interest' rules
and constraints to the Advisory Board's contractor; and
``5. Require that NIOSH demonstrate that its site profiles
and other dose reconstruction guidance are balance[d].''.
(10) Congress finds that the policies outlined in the
Office of Management and Budget Passback statement referred to
in paragraph (9), if implemented, will contravene Congressional
intent and weaken statutory checks and balances designed to
ensure scientifically credible and fair decisions regarding SEC
designations. ``Administration clearance'' could result in the
substitution of budget logic for scientific findings;
addressing any ``imbalance in the Advisory Board'' could result
in an Advisory Board tilted against SEC designations; imposing
``constraints'' could allow agency officials to interfere with
the independence of the audit contractor supporting the
Advisory Board; and ``expedited reviews by outside experts''
could lead to costly, time consuming, and extralegal reviews of
Advisory Board recommendations.
(11) There is no evidence that unwarranted Special Exposure
Cohort petitions have been granted, or that any actions have
been taken that would otherwise justify any of the five options
outlined in the Office of Management and Budget Passback
statement referred to in paragraph (9).
(12) Two Advisory Board members were removed by the
President in 2006 without apparent cause, and currently the
Advisory Board composition is not balanced, as required by
EEOICPA and the Federal Advisory Committee Act.
(13) The amendments made by this Act to the Energy
Employees Occupational Illness Compensation Program Act of 2000
ensure that classes of employees who apply for membership in
the Special Exposure Cohort by reason of illnesses arising out
of exposure to radiation while performing work in support of
the Nation's nuclear weapons programs receive a fair
determination of their claims.
SEC. 3. COMPENSATION PROGRAM AND COMPENSATION FUND.
Section 3612(e) (42 U.S.C. 7384e(e)) is amended--
(1) in the heading of the subsection, by striking ``Not
Paid From Compensation Fund'';
(2) by striking ``No costs incurred'' and inserting ``(1)
In general--No costs incurred''; and
(3) by adding at the end the following:
``(2) Administrative costs and annual budget requirements
of agencies.--
``(A) Department of labor.--
``(i) The Secretary of the Department of
Labor shall include as part of the annual
budget request for the Department any
administrative costs necessary to carry out its
responsibilities under this Act. Appropriations
shall be allocated in appropriations acts
directly to the Department of Labor to carry
out its responsibilities under this Act.
``(ii) To ensure the timely transfer of
records and information needed by the
Department of Labor and the Department of
Health and Human Services for claims
adjudication, the Secretary of the Department
of Labor may transfer funds to the Department
of Energy, if appropriations made available to
the Department of Energy under other
appropriation Acts are insufficient for the
Department of Energy to carry out its
responsibilities under this Act.
``(B) National institute for occupational safety
and health.--The Secretary of Health and Human Services
shall include as part of the annual budget request for
the National Institute for Occupational Safety and
Health any administrative costs necessary for the
National Institute for Occupational Safety and Health
to carry out its responsibilities under this
Act.Appropriations shall be allocated in appropriations
acts directly to the Department of Health and Human
Services to carry out its responsibilities under this
Act.
``(C) Advisory board on radiation and worker
health.--
``(i) The Secretary of the Department of
Health and Human Services shall include as part
of the annual budget request for the Department
any administrative costs and any staff and
contract support costs necessary for the
Advisory Board on Radiation and Worker Health
(in this section referred to as the `Advisory
Board') to carry out its responsibilities under
this Act. Appropriations shall be allocated in
appropriations Acts directly to the Department
of Health and Human Services for the Advisory
Board to carry out its responsibilities under
this Act. Appropriations Acts shall also
designate a line item for the Advisory Board,
separate from the budget for the Department of
Health and Human Services, for the activities
of the Advisory Board related to the
compensation program under this Act.
``(ii) An annual budget request for the
Advisory Board shall be prepared by the
Advisory Board, in consultation with the
Designated Federal official appointed under
section 3624(c)(1)(B), and submitted to the
Secretary of the Department of Health and Human
Services on a schedule to be established by the
Secretary. If the amount requested by the
Advisory Board is modified by the Secretary,
the amount requested by the Advisory Board and
any modifications shall be identified and
explained in the budget request.''.
SEC. 4. SUBCONTRACTORS OF ATOMIC WEAPONS EMPLOYERS.
Section 3621(3)(A) (42 U.S.C. 7384l(3)(A)) is amended by inserting
``, or a subcontractor of an atomic weapons employer,'' after ``an
atomic weapons employer''.
SEC. 5. EXPANSION OF LIST OF BERYLLIUM VENDORS.
Section 3622 (42 U.S.C. 7384m) is amended--
(1) by striking ``Not later than December 31, 2002, the
President may, in consultation with the Secretary of Energy,''
and inserting ``The Secretary of Energy shall, on or before
December 31, 2007, and annually thereafter until December 31,
2011,''; and
(2) by striking ``the President finds'' and inserting ``the
Secretary of Energy finds''.
SEC. 6. ALLOCATION OF RESPONSIBILITIES FOR PROGRAM ADMINISTRATION.
(a) Definition.--Paragraph (14) of section 3621 (42 U.S.C. 7384l)
is amended by striking ``the President'' each place it appears in
subparagraph (C) and inserting ``the Secretary of Health and Human
Services''.
(b) Exposure in the Performance of Duty.--Section 3623 (42 U.S.C.
7384n) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``the President''
and inserting ``the Secretary of Health and Human
Services'';
(B) in paragraph (2), by striking ``The President''
and inserting ``The Secretary of Health and Human
Services''; and
(C) in paragraph (3)(C), by striking ``past health-
related activities (such as smoking),''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``The President
shall'' through ``President may designate,'' and
inserting ``The Secretary of Health and Human Services
shall''; and
(B) in paragraph (2), by striking ``the President''
and inserting ``the Secretary of Health and Human
Services''.
SEC. 7. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.
Section 3624 (42 U.S.C. 7384o) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Membership.--
``(1) Not later than 90 days after the date of the
enactment of the Energy Employees Occupational Illness
Compensation Program Improvement Act of 2007, the members of
the Advisory Board on Radiation and Worker Health (referred to
in this section as the `Board'), as of the day before the date
of enactment of such Act, shall be removed from their positions
on the Board, and new members of the Board shall be appointed
in accordance with paragraph (2). Any individual who is a
member of the Board on the day before the date of enactment of
such Act, and who is removed in accordance with this paragraph,
may be reappointed to the Board in accordance with paragraph
(2).
``(2) The Board shall be made up of 12 members, and the
members shall be appointed as follows:
``(A) Three members shall be appointed by the
Speaker of the House of Representatives.
``(B) Three members shall be appointed by the
President of the Senate.
``(C) Three members shall be appointed by the
minority leader of the House of Representatives.
``(D) Three members shall be appointed by the
minority leader of the Senate.
``(3) The three members appointed by each appointing
authority described in paragraph (2) shall include one
representative of the scientific community, one worker
representative, and one representative of the medical
community.
``(4) For each appointment to the Board, the appropriate
appointing authority shall--
``(A) comply with all legal requirements related to
Special Government Employees and the appointment of
such employees, as determined by the Secretary of
Health and Human Services;
``(B) consult with organizations with expertise on
worker health issues about such appointment; and
``(C) ensure that such appointment contributes to a
balance of viewpoints and perspectives held by members
of the Board.
``(5) The term of office of each member of the Board shall
be three years. No member shall serve more than two terms. A
vacancy on the Board shall be filled in the manner in which the
original appointment was made. Upon expiration of a term, a
member of the Board shall continue to serve until the successor
to such member has been appointed. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs. The Secretary of Health
and Human Services shall--
``(A) prepare a schedule for vacancies and
appointments, and make such schedule available to the
public in paper and electronic forms;
``(B) identify the appropriate appointing authority
listed in paragraph (2) who is responsible for
appointing a member for each vacancy;
``(C) not later than 90 days before the end of a
term of any member of the Board, provide each
appointing authority responsible for appointing a
replacement member for a vacancy with--
``(i) the number of vacancies and expected
vacancies, based on member resignations and the
scheduled expiration of member terms; and
``(ii) the representative category
(scientific, worker, or medical representative)
of each member whose position on the Board has
been, or is scheduled to be, vacated.
``(6) A chair for the Board shall be selected from among
its members by an annual vote of the members who are on the
Board as of January 1 of each year.
``(7) The Secretary of Health and Human Services may
recommend to the appropriate Congressional appointing authority
described in paragraph (2) that a member of the Board be
removed as the result of neglect of duty, malfeasance in
office, a violation of the conditions of the waivers provided
under section 208 of title 18, United States Code, or a
violation of the laws, regulations, policies, or procedures
related to the activities carried out under this Act.'';
(2) in subsection (b), by striking ``the President'' each
place it appears and inserting ``the Secretary of Health and
Human Services'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1)(A) The Secretary of Health and Human Services shall
provide administrative support to the Board, and shall assign
staff, as necessary, to facilitate the work of the Board. The
Board shall have the authority to select contractors and
consultants, issue task orders, and make budget requests
(through the Secretary of Health and Human Services) for the
annual budget of the Board and its staff.
``(B) The Director of the National Institute for
Occupational Safety and Health shall appoint a Designated
Federal official and an Executive Secretary for the Board. The
Designated Federal official and the Executive Secretary shall
be independent of the Federal officials responsible for
managing and implementing radiation dose reconstruction
activities and Special Exposure Cohort evaluations under this
Act. The Designated Federal official shall have the same
authorities and responsibilities as the designated officer or
employee of the Federal Government described in section 10 of
the Federal Advisory Committee Act (5 U.S.C. App.).''; and
(B) in paragraph (2), by striking ``The President''
inserting ``The Secretary of Health and Human
Services'';
(4) in subsection (d), by striking ``the President'' and
inserting ``the Secretary of Health and Human Services''; and
(5) by adding at the end the following new subsections:
``(g) Legal Counsel.--The Board may secure the services of
independent legal counsel, in addition to or in lieu of any legal
counsel provided to the Board by the General Counsel of the Department
of Health and Human Services.
``(h) Applicability of the Federal Advisory Committee Act.--Unless
otherwise provided in this Act, the Board shall operate under the
provisions of the Federal Advisory Committee Act (5 U.S.C. App.), and
members of the Board shall be compensated at a daily rate of pay for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.''.
SEC. 8. SPECIAL EXPOSURE COHORT.
Section 3626 (42 U.S.C. 7384q) is amended--
(1) by striking ``the President'' each place it appears and
inserting ``the Secretary of Health and Human Services'';
(2) by striking ``The President'' each place it appears and
inserting ``The Secretary of Health and Human Services'';
(3) in subsection (a)(1) by inserting ``any atomic weapons
employer facility, or any combination of such facilities,''
after ``any Department of Energy facility'';
(4) in subsection (a)(2), by adding at the end the
following sentence: ``An executive branch agency may submit a
review of a petition described in paragraph (3), or comments or
recommendations relating to such a petition, to the Advisory
Board on Radiation and Worker Health, and such Advisory Board
may consider any such review, comments, or recommendations in
determining its advice under paragraph (1), as such Advisory
Board considers appropriate.'';
(5) in subsection (b)(1), by inserting ``, based
exclusively on information relating to the facility or
facilities which are the subject of a petition described in
paragraph (a)(3),'' after ``it is not feasible'';
(6) in subsection (c)(1), by adding at the end the
following sentence: ``The Advisory Board on Radiation and
Worker Health shall transmit to the Secretary of the Department
of Health and Human Services, not later than 21 days after the
date on which such Advisory Board votes on a recommendation to
the Secretary relating to the petition of the class of
employees being considered for designation as a member of the
Special Exposure Cohort, the formal recommendation of such
Advisory Board, and the complete administrative record,
relating to such petition.'';
(7) in subsection (c)(2)(A) (as amended by paragraph (1) of
this section)--
(A) by striking ``Upon receipt by'' and inserting
``(1) Upon receipt by'';
(B) by inserting ``, based solely on the
recommendation of such Advisory Board and the complete
administrative record,'' after ``in which to
determine''; and
(C) by adding at the end of subparagraph (A) the
following sentences: ``During such 30-day period the
Secretary shall not consider any review, comment, or
recommendation relating to the petition by any other
executive branch agency, unless such review, comment,
or recommendation was submitted to the Advisory Board
on Radiation and Worker Health in accordance with
subsection (a)(2), and appears on the administrative
record of such Advisory Board. The determination by the
Secretary shall be the same as the recommendation by
such Advisory Board, unless, not later than 30 days
after the determination, the Secretary issues a formal
finding of facts responding to the rationale outlined
by such Advisory Board, and using information supported
by the administrative record.'';
(8) by redesignating subsection (d) as subsection (h); and
(9) by inserting after subsection (c) the following new
subsections:
``(d) Enforcement of Deadlines.--If the Director of the National
Institute of Occupational Safety and Health fails to submit a
recommendation after receipt of a petition to the Advisory Board on
Radiation and Worker Health in accordance with subsection (c)(1) within
the 180-day period required by such subsection, the Director of the
National Institute of Occupational Safety and Health shall promptly
notify the petitioner, such Advisory Board, the appropriate
Congressional committees of jurisdiction, and the Congressional
delegation of the State in which the facility that is the subject of
the petition is located of the delay. Such notification shall include--
``(1) an explanation for the delay;
``(2) the date on which the evaluation will be completed;
``(3) the reasons why a delay is necessary; and
``(4) any adverse consequences of the delay for the
petitioner.
``(e) Appeals.--
``(1) SEC appeals board established.--There is established,
within the Department of Health and Human Services, a 3-member
Special Exposure Cohort Appeals Board (referred to in this
section as the `SEC Board'), to which a petitioner may appeal
an adverse Special Exposure Cohort designation. The SEC Board
shall be appointed by the Secretary of Health and Human
Services, and shall hear appeals, schedule hearings, take
evidence, and issue decisions affirming or reversing the
adverse Special Exposure Cohort designations.
``(2) Procedures.--The SEC Board shall review appeals de
novo. Unless the petitioner waives the right to a formal
adjudication and elects an informal proceeding, appeals
reviewed by the SEC Board shall be conducted on the record, in
accordance with the Administrative Procedures Act. Not later
than 90 days after the date of enactment of the Energy
Employees Occupational Illness Compensation Program Improvement
Act of 2007, the SEC Board shall issue Rules of Procedure for
the appeals proceedings conducted by such SEC Board. Parties to
any appeals proceeding under this subsection shall be limited
to the Secretary of Health and Human Services and the
petitioner.
``(3) Decisions.--Decisions by the SEC Board shall be final
agency actions. In the event that the SEC Board renders a
decision reversing the adverse designation of a petition by the
Secretary of Health and Human Services, the petition shall be
remanded to the Secretary to carry out the decision of the
Board and it shall be the duty of the Secretary to review such
decision and, within 30 days of receipt of the remand, to issue
a new determination regarding the Special Exposure Cohort
designation of the petitioner upon the basis of the proceedings
already had and the record upon which said appeal was heard and
determined.
``(4) Waiver and appeal of sec board decisions.--A
petitioner may waive the right to appeal to the SEC Board, and
may seek judicial review of the Secretary's decision under this
paragraph. Decisions by the Secretary of Health and Human
Services relating to a petition for designation as a member of
the Special Exposure Cohort may be appealed to the appropriate
district court in the jurisdiction in which the facility that
is the subject of the Special Exposure Cohort petition is
located, or in the jurisdiction where the petitioner resides.
``(f) Availability of Petitioner Information.--The Director of the
National Institute of Occupational Safety and Health shall, upon
request, make available to the general public the name and contact
information of each petitioner under this section.
``(g) Special Exposure Cohort Petition Assistance.--
``(1) In general.--Not later than 120 days after the date
of enactment of the Energy Employees Occupational Illness
Compensation Program Improvement Act of 2007, the Director of
the National Institute of Occupational Safety and Health shall
provide for independent technical assistance for petitioners
and prospective petitioners with respect to preparing and
qualifying Special Exposure Cohort petitions, and reviewing
Special Exposure Cohort evaluation reports. Technical
assistance may be provided through a cooperative agreement or
contract with a nonprofit organization or institution of higher
education that has expertise in occupational safety and health,
and that does not have a conflict of interest, as defined in
section 3634.
``(2) Notice.--The Director of the National Institute of
Occupational Safety and Health shall notify petitioners and
prospective petitioners for designation as members of the
Special Exposure Cohort of the assistance available under this
subsection.
``(3) Funding.--In any fiscal year, not more than $250,000
of the funds authorized and provided for the administration of
this Act in such fiscal year shall be used to carry out this
subsection.''.
SEC. 9. CONFLICTS OF INTEREST.
Subtitle B (42 U.S.C. 3621 et seq.) is further amended by adding at
the end of the subtitle the following new section:
``SEC. 3634. PROHIBITION ON ENTITIES WITH CONFLICTS OF INTEREST.
``(a) Conflict of Interest Policy.--The Secretary of Health and
Human Services shall prohibit an entity from participating in or
performing any of the activities described in subsection (b), if such
entity--
``(1) has, or has had, a personal, organizational, or
professional conflict of interest relating to any activity
carried out under this Act; or
``(2) has, or has had, previous employment or a personal or
financial relationship that could bias the performance of
activities under this Act.
``(b) Prohibited Activities.--An entity described in paragraph (1)
or (2) of subsection (a) shall not be employed by the National
Institute for Occupational Safety and Health (or by its contractors or
subcontractors of any tier)--
``(1) to perform the following program activities, if such
entity performed work at or for a Department of Energy or
atomic weapons employer facility (or for a contractor or
subcontractor performing work at such facility)--
``(A) prepare, conduct, approve, revise, or
internally peer review individual radiation dose
estimates at a Department of Energy or atomic weapons
employer facility;
``(B) research, develop, prepare, author, lead a
team preparing, serve as a site expert for, approve,
revise, or internally peer review technical basis
documents, technical information bulletins, site
profiles, or other dose reconstruction guidance; and
``(C) research, evaluate, make a recommendation
relating to, serve as a site expert for, assess, or
review a Special Exposure Cohort petition, or a
revision thereto; or
``(2) to perform any other activities the Secretary of
Health and Human Services determines are prohibited by reason
of a conflict of interest described in subsection (a)(1) or
(2).
``(c) Report and Disclosure of Conflict Information.--
``(1) In general.--Each contractor, subcontractor, and
consultant involved with radiation dose reconstruction,
technical basis documents, technical information bulletins,
site profiles, Special Exposure Cohort evaluations,
epidemiologic research, or development of dose reconstruction
methods conducted under this Act shall report to the Director
of the National Institute for Occupational Safety and Health
the following:
``(A) The name of the entity, and the employer of
such entity at the time of the initial report under
this subsection, if any.
``(B) Functions performed under this Act,
educational background, a biographical description of
past and present work at or for the Department of
Energy or an atomic weapons employer facility (or for a
contractor or subcontractor performing work at such
facility), including a list of responsibilities while
employed at such facility.
``(C) A list of each workers' compensation claim or
lawsuit (identified by name) in which any individual
who is an entity under this section was an expert
witness (including as a non-testifying expert), and the
position such individual held or represented in such
claim or lawsuit.
``(D) A list of facilities and positions for which
the entity has a conflict of interest and is prohibited
from carrying out activities required by this Act.
``(E) Any change in the information required by
this paragraph during the time such entity is involved
with the activities described in this subsection.
``(2) Initial and periodic reports.--A contractor,
subcontractor, or consultant required to report information to
the Director of the National Institute for Occupational Safety
and Health under paragraph (1) shall--
``(A) initially report such information--
``(i) not later than 15 days after the date
of enactment of the Energy Employees
Occupational Illness Compensation Program
Improvement Act of 2007; or
``(ii) in the case of such an entity that
is not involved with an activity described in
paragraph (1) as of the date of the enactment
of such Act, on the date that such entity
becomes involved with such an activity; and
``(B) shall periodically report any changes or
updates to such information, as the Director may
require.
``(3) Disclosure and revision by the director.--The
Director of the National Institute for Occupational Safety and
Health shall disclose to the general public, in paper and
electronic format, the information reported to the Director
under paragraph (1). The Director shall require contractors,
subcontractors, and consultants to periodically revise the
information reported under paragraph (1) to include any changes
to such information. The Director shall ensure that the
information disclosed to the general public under this
paragraph contains the most recent information available to the
Director.
``(d) Contracts With NIOSH.--
``(1) No entity that is performing work for the National
Institute for Occupational Safety and Health or that has
entered into and is obligated under a contracting arrangement
with the National Institute for Occupational Safety and Health
to conduct activities related to this Act shall, at any time
during which the entity is performing such work or is so
obligated--
``(A) perform work at or for the Department of
Energy or an atomic weapons employer facility (or for a
contractor or subcontractor performing work at a
Department of Energy or an atomic weapons employer
facility) which involves radiation protection, dose
estimation, or health physics; or
``(B) solicit new work related to radiation
protection, dose estimation, or health physics from the
Department of Energy or an atomic weapons employer (or
from contractors or subcontractors performing work at a
Department of Energy or an atomic weapons employer
facility).
``(2) Any contractor or subcontractor performing work for
or obligated under a contracting arrangement with the National
Institute for Occupational Safety and Health shall disclose in
electronic and paper form all past contracts that the
contractor or subcontractor has entered into for performing
work at or for the Department of Energy or an atomic weapons
employer facility (or for a contractor or subcontractor
performing work at such facility) which involves radiation
protection, dose estimation, or health physics.
``(e) Disallowance of Costs.--Any work product performed under a
contracting arrangement with the Department of Health and Human
Services (or any agency or instrumentality thereof) by a contractor,
subcontractor, or consultant in violation of this section, an agency
conflict of interest policy, or a contract requirement related to
conflict of interest shall constitute a breach of such contract, and
the costs incurred by such contractor, subcontractor, or consultant as
a result of the performance of such work shall not be allowable costs
for purposes of any cost reimbursement contract, task order contract,
or any other type of contracting arrangement.
``(f) No Waivers.--The Secretary of Health and Human Services shall
not issue any waivers to this section.
``(g) Definition of Entity.--For purposes of this section and
section 3635, the term `entity'--
``(1) means--
``(A) any individual--
``(i) who is or was employed by the
Department of Energy or an atomic weapons
employer (or by a contractor or subcontractor
to the Department of Energy or an atomic
weapons employer); or
``(ii) who served as an expert witness
(including as a nontestifying witness) in any
legal proceeding defending a workers'
compensation claim related to radiation
exposure against the Department of Energy (or a
contractor or subcontractor of any tier of such
agency), or an atomic weapons employer; or
``(B) any organization, contractor, subcontractor,
or consultant (including any employee, agent, or
official of an organization, contractor, subcontractor,
or consultant); and
``(2) does not include the Advisory Board on Radiation and
Worker Health, or any member or employee of such Advisory
Board.
``SEC. 3635. EFFECTS OF CONFLICTS OF INTEREST ON USE OF WORK PERFORMED.
``Any dose reconstruction, site profile, technical bulletin, or
Special Exposure Cohort petition research performed by an entity in
violation of any provision of section 3634, an agency conflict of
interest policy, or a contract requirement related to conflict of
interest shall not be considered or used for any purpose relating to--
``(1) the adjudication of any claim concerning dose
reconstruction of radiation doses received by any individual;
or
``(2) the consideration or determination of whether members
of a class of employees may be treated as members of the
Special Exposure Cohort under section 3626.''.
SEC. 10. DUTIES OF THE OFFICE OF OMBUDSMAN.
Section 3686(c) (42 U.S.C. 7385s-15(c)) is amended--
(1) in paragraph (1), by inserting ``subtitle B and'' after
``available under'';
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) To assist individuals in making claims under this
subtitle.
``(4) To act as advocate on behalf of individuals seeking
benefits under this subtitle.''.
SEC. 11. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall publish rules to modify
the regulations and procedures of the Department of Health and Human
Services relating to the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.), to conform
the regulations and procedures to the amendments made by this Act.
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