42 U.S.C. § 7384d — Establishment of Energy Employees Oc-

Page 7137 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384d ergy, for determination of whether the individual’s ill- ness or death arose out of and in the course of employ- ment by the DOE or its contractors and exposure to a toxic substance at a DOE facility; and (2) For cases determined by the physician panel and the Secretary of Energy under section 3661(d) and (e) of the Act [42 U.S.C. 7385o(d), (e)] to have arisen out of and in the course of employment by the DOE or its contrac- tors and exposure to a toxic substance at a DOE facil- ity, provide assistance to the individual in filing for workers’ compensation benefits. The Secretary shall not contest these claims and, to the extent permitted by law, shall direct a DOE contractor who employed the applicant not to contest the claim; (vi) Report on the Worker Assistance Program by making publicly available on at least an annual basis claims-related data, including the number of claims filed, the number of illnesses found to be related to work at a DOE facility, job location and description, and number of successful State workers’ compensation claims awarded; and (vii) No later than January 15, 2001, publish in the Federal Register a list of atomic weapons employer fa- cilities within the meaning of section 3621(5) of the Act [42 U.S.C. 7384l(5)], Department of Energy employer fa- cilities within the meaning of section 3621(12) of the Act, and a list of facilities owned and operated by a be- ryllium vendor, within the meaning of section 3621(6) of the Act. (d) Attorney General. The Attorney General shall: (i) Develop procedures to notify, to the extent pos- sible, each claimant (or the survivor of that claimant if deceased) whose claim for compensation under sec- tion 5 of the Radiation Exposure Compensation Act [Pub. L. 101–426, 42 U.S.C. 2210 note] has been or is ap- proved by the Department of Justice, of the avail- ability of supplemental compensation and benefits under the Energy Employees Occupational Illness Com- pensation Program; (ii) Identify and notify eligible covered uranium em- ployees or their survivors of the availability of supple- mental compensation under the Program; and (iii) Upon request by the Secretary of Labor, provide information needed to adjudicate the claim of a cov- ered uranium employee under this Program. SEC. 3. Establishment of Interagency Working Group. (a) There is hereby established an Interagency Work- ing Group to be composed of representatives from the Office of Management and Budget, the National Eco- nomic Council, and the Departments of Labor, Energy, Health and Human Services, and Justice. (b) The Working Group shall: (i) By January 1, 2001, develop a legislative proposal to ensure the Program’s fairness and efficiency, includ- ing provisions to assure adequate administrative re- sources and swift dispute resolution; and (ii) Address any impediments to timely and coordi- nated Program implementation. SEC. 4. Establishment of Advisory Board on Radiation and Worker Health. (a) Pursuant to Public Law 106–398, there is hereby es- tablished an Advisory Board on Radiation and Health (Advisory Board). The Advisory Board shall consist of no more than 20 members to be appointed by the Presi- dent. Members shall include affected workers and their representatives, and representatives from scientific and medical communities. The President shall designate a Chair for the Board among its members. (b) The Advisory Board shall: (i) Advise the Secretary of Health and Human Serv- ices on the development of guidelines under section 2(b)(i) of this order; (ii) Advise the Secretary of Health and Human Serv- ices on the scientific validity and quality of dose recon- struction efforts performed for this Program; and (iii) Upon request by the Secretary of Health and Human Services, advise the Secretary on whether there is a class of employees at any Department of Energy fa- cility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is a reasonable likelihood that such radi- ation dose may have endangered the health of members of the class. SEC. 5. Reporting Requirements. The Secretaries of Labor, Health and Human Services, and Energy shall, as part of their annual budget submissions, report to the Office of Management and Budget (OMB) on their activities under this Program, including total expendi- tures related to benefits and program administration. They shall also report to the OMB, no later than March 1, 2001, on the manner in which they will carry out their respective responsibilities under the Act and this order. This report shall include, among other things, a description of the administrative structure established within their agencies to implement the Act and this order. In addition, the Secretary of Labor shall annu- ally report on the total number and types of claims for which compensation was considered and other data per- tinent to evaluating the Federal Government’s per- formance fulfilling the requirements of the Act and this order. SEC. 6. Administration and Judicial Review. (a) This Ex- ecutive Order shall be carried out subject to the avail- ability of appropriations, and to the extent permitted by law. (b) This Executive Order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers or employees, or any other person. WILLIAM J. CLINTON. EXTENSION OF TERM OF ADVISORY BOARD ON RADIATION AND WORKER HEALTH Term of Advisory Board on Radiation and Worker Health extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of Advisory Board on Ra- diation and Worker Health were contained in the fol- lowing prior Executive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. PART A—ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND § 7384d. Establishment of Energy Employees Oc- cupational Illness Compensation Program (a) Program established There is hereby established a program to be known as the ‘‘Energy Employees Occupational Illness Compensation Program’’ (in this sub- chapter referred to as the ‘‘compensation pro- gram’’). The President shall carry out the com- pensation program through one or more Federal agencies or officials, as designated by the Presi- dent. (b) Purpose of program The purpose of the compensation program is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such employees, suf- fering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and sub- contractors. (c) Eligibility for compensation The eligibility of covered employees for com- pensation under the compensation program Page 7138 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384e 1 See References in Text note below. shall be determined in accordance with the pro- visions of part B as may be modified by a law enacted after the date of the submittal of the proposal for legislation required by section 7384f of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3611], Oct. 30, 2000, 114 Stat. 1654, 1654A–497.) § 7384e. Establishment of Energy Employees Oc- cupational Illness Compensation Fund (a) Establishment There is hereby established on the books of the Treasury a fund to be known as the ‘‘Energy Employees Occupational Illness Compensation Fund’’ (in this subchapter referred to as the ‘‘compensation fund’’). (b) Amounts in compensation fund The compensation fund shall consist of the fol- lowing amounts: (1) Amounts appropriated to the compensa- tion fund pursuant to the authorization of ap- propriations in section 7384g(b) of this title. (2) Amounts transferred to the compensation fund under subsection (c). (c) Financing of compensation fund Upon the exhaustion of amounts in the com- pensation fund attributable to the authorization of appropriations in section 7384g(b) of this title, the Secretary of the Treasury shall transfer di- rectly to the compensation fund from the Gen- eral Fund of the Treasury, without further ap- propriation, such amounts as are further nec- essary to carry out the compensation program. (d) Use of compensation fund Subject to subsection (e), amounts in the com- pensation fund shall be used to carry out the compensation program. (e) Administrative costs not paid from compensa- tion fund No cost incurred in carrying out the com- pensation program, or in administering the com- pensation fund, shall be paid from the com- pensation fund or set off against or otherwise deducted from any payment to any individual under the compensation program. (f) Investment of amounts in compensation fund Amounts in the compensation fund shall be in- vested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3612], Oct. 30, 2000, 114 Stat. 1654, 1654A–497.) § 7384f. Legislative proposal (a) Legislative proposal required Not later than March 15, 2001, the President shall submit to Congress a proposal for legisla- tion to implement the compensation program. The proposal for legislation shall include, at a minimum, the specific recommendations (in- cluding draft legislation) of the President for the following: (1) The types of compensation and benefits, including lost wages, medical benefits, and any lump-sum settlement payments, to be pro- vided under the compensation program. (2) Any adjustments or modifications nec- essary to appropriately administer the com- pensation program under part B. (3) Whether to expand the compensation pro- gram to include other illnesses associated with exposure to toxic substances. (4) Whether to expand the class of individ- uals who are members of the Special Exposure Cohort (as defined in section 7384l(14) of this title). (b) Assessment of potential covered employees and required amounts The President shall include with the proposal for legislation under subsection (a) the fol- lowing: (1) An estimate of the number of covered em- ployees that the President determines were exposed in the performance of duty. (2) An estimate, for each fiscal year of the compensation program, of the amounts to be required for compensation and benefits antici- pated to be provided in such fiscal year under the compensation program. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3613], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.) § 7384g. Authorization of appropriations (a) In general Pursuant to the authorization of appropria- tions in section 3103(a),1 $25,000,000 may be used for purposes of carrying out this subchapter. (b) Compensation fund There is hereby authorized to be appropriated $250,000,000 to the Energy Employees Occupa- tional Illness Compensation Fund established by section 7384e of this title. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3614], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.) Editorial Notes REFERENCES IN TEXT Section 3103(a), referred to in subsec. (a), means sec- tion 1 [div. C, title XXXVI, § 3103(a)] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, 1654A–449, which is not clas- sified to the Code. PART B—PROGRAM ADMINISTRATION § 7384l. Definitions for program administration In this subchapter: (1) The term ‘‘covered employee’’ means any of the following: (A) A covered beryllium employee. (B) A covered employee with cancer. (C) To the extent provided in section 7384r of this title, a covered employee with chron- ic silicosis (as defined in that section). (2) The term ‘‘atomic weapon’’ has the meaning given that term in section 2014(d) of this title. (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