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Code · BILL · 116th Congress · S. 4363 (Introduced in Senate) — To establish a presumption of occupational disease for certain employees at the Department of Energy's Radioactive Wa... · Sec. 4

Sec. 4. Assisting current and former employees under the EEOICPA

920 words·~4 min read·/bill/116/s/4363/is/section-4

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Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384d et seq.) is amended— by redesignating section 3614 as section 3616; and by inserting after section 3613 the following: By not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding— the compensation program under subtitle B or E; information regarding the process of submitting a claim under either compensation program; assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E; the next steps to take if a claim under subtitle B or E is accepted or denied; and such other information as the Secretary determines necessary to further the purposes of this title.
By not later than January 1, 2022, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to— receive information regarding all related programs available to them relating to potential claims under this title, including— programs under subtitles B and E; and the former worker medical screening program of the Department of Energy; and navigate all such related programs.
The Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate. The Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection
(b)and other means, information (which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs. The Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee’s claim under subtitle B or E. The Secretary of Labor shall provide the copy of records described in paragraph
(1)to an employee in electronic or paper form, as selected by the employee. The Secretary of Labor shall allow industrial hygienists to contact current or former employees or Department of Energy contractor employees regarding the employee’s claim under subtitle B or E. . Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–6(a) ) is amended by striking 60 days and inserting 180 days . Section 3684 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–13 ) is amended— by striking There is authorized and inserting the following: There is authorized ; by inserting before the period at the end the following: , including the amounts necessary to carry out the requirements of section 3681A ; and by adding at the end the following: There is authorized and hereby appropriated to the Secretary of Energy for fiscal year 2021 and each succeeding year such sums as may be necessary to support the Secretary in carrying out the requirements of this title, including section 3681A. . Section 3686(h) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–15(h) ) is amended by striking October 28, 2019 and inserting October 28, 2024 . Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16 ) is amended— in subsection (b)— in paragraph (1)(F), by striking and after the semicolon; in paragraph (2), by striking the period at the end and inserting a semicolon; and by adding at the end the following: develop recommendations for the Secretary of Health and Human Services regarding— whether there is a class of Department of Energy employees, Department of Energy contractor employees, or other employees at any Department of Energy facility who were at least as likely as not exposed to toxic substances at that facility but for whom it is not feasible to estimate with sufficient accuracy the dose they received; and the conditions or requirements that should be met in order for an individual to be designated as a member of the Special Exposure Cohort under section 3671A; and review all existing, as of the date of the review, rules and guidelines issued by the Secretary regarding presumption of causation and provide the Secretary with recommendations for new rules and guidelines regarding presumption of causation. ; in subsection (c)(3), by inserting or the Board after The Secretary ; by redesignating subsections
(h)and
(i)as subsections
(i)and (j), respectively; and by inserting after subsection
(g)the following: Not later than 90 days after the date on which the Secretary of Labor and the Secretary of Health and Human Services receives recommendations in accordance with paragraph (1), (3), or
(4)of subsection (b), such Secretary shall submit formal responses to each recommendation to the Board and Congress. .
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4 references not yet in our index
  • 42 USC 7385s–6(a)
  • 42 USC 7385s–13
  • 42 USC 7385s–15(h)
  • 42 USC 7385s–16
Citation graph
cites case law
Sec. 4
Assisting current and former employees under the EEOICPA
Cite42 USC 7385s–6(a)
Cite42 USC 7385s–13
Cite42 USC 7385s–15(h)
Cite42 USC 7385s–16
Cites 5Cited by 0 across 0 sources
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