Page:United States Statutes at Large Volume 114 Part 3.djvu/554

 114 STAT. 1654A-512 PUBLIC LAW 106-398—APPENDIX SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COM- PENSATION LAWS. Except in accordance with section 3630, an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of title 38, United States Code. Subtitle D—Assistance in State Workers' Compensation Proceedings SEC. 3661. AGREEMENTS WITH STATES. (a) AGREEMENTS AUTHORIZED.— The Secretary of Energy (hereafter in this section referred to as the "Secretary") may enter into agreements with the chief executive officer of a State to provide assistance to a Department of Energy contractor employee in filing a claim under the appropriate State workers' compensation system. (b) PROCEDURE. — Pursuant to agreements under subsection (a), the Secretary may— (1) establish procedures under which an individual may submit an application for review and assistance under this section; and (2) review an application submitted under this section and determine whether the applicant submitted reasonable evidence that— (A) the application was filed by or on behalf of a Department of Energy contractor employee or employee's estate; and (B) the illness or death of the Department of Energy contractor employee may have been related to employment at a Department of Energy facility. (c) SUBMITTAL OF APPLICATIONS TO PANELS. —If provided in an agreement under subsection (a), and if the Secretary determines that the applicant submitted reasonable evidence under subsection (b)(2), the Secretary shall submit the application to a physicians panel established under subsection (d). The Secretary shall assist the employee in obtaining additional evidence within the control of the Department of Energy aind relevant to the panel's deliberations. (d) COMPOSITION AND OPERATION OF PANELS. —(1) The Secretary shall inform the Secretary of Health and Human Services of the number of physicians panels the Secretary has determined to be appropriate to administer this section, the number of physicians needed for each panel, and the area of jurisdiction of each panel. The Secretary may determine to have only one panel. (2)(A) The Secretary of Health and Human Services shall appoint panel members with experience and competency in diagnosing occupational illnesses under section 3109 of title 5, United States Code. (B) Each member of a panel shall be paid at the rate of pay payable for level III of the Executive Schedule for each day (including travel time) the member is engaged in the work of a panel. (3) A panel shall review an application submitted to it by the Secretary and determine, under guidelines established by the

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