PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-513 Secretary, by regulation, whether the illness or death that is the subject of the application arose out of and in the course of employ- ment by the Department of Energy and exposure to a toxic substance at a Department of Energy facility. (4) At the request of a panel, the Secretary and a contractor who employed a Department of Energy contractor employee shall provide additional information relevant to the panel's deliberations. A panel may consult specialists in relevant fields as it determines necessary. (5) Once a panel has made a determination under paragraph (3), it shall report to the Secretary its determination and the basis for the determination. (6) A panel established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) ASSISTANCE.—I f provided in an agreement under subsection (a)— (1) the Secretary shall review a panel's determination made under subsection (d), information the panel considered in reach- • ing its determination, any relevant new information not reasonably available at the time of the panel's deliberations, and the basis for the panel's determination; (2) as a result of the review under paragraph (1), the Secretary shall accept the panel's determination in the absence of significant evidence to the contrary; and (3) if the panel has made a positive determination under subsection (d) and the Secretary accepts the determination under paragraph (2), or the panel has made a negative determination under subsection (d) and the Secretary finds significant evidence to the contrary— / (A) the Secretary shall assist the applicant to file a claim under the appropriate State workers' compensation system based on the health condition that was the subject of the determination; (B) the Secretary thereafter— (i) may not contest such claim; (ii) may not contest an award made regarding such claim; and (iii) may, to the extent permitted by law, direct the Department of Energy contractor who employed the applicant not to contest such claim or such award, unless the Secretary finds significant new evidence to justify such contest; and (C) any costs of contesting a claim or an award regarding the claim incurred by the contractor who employed the Department of Energy contractor employee who is the subject of the claim shall not be an allowable cost under a Department of Energy contract. (f) INFORMATION. —At the request of the Secretary, a contractor who employed a Department of Energy contractor employee shall make available to the Secretary and the employee information relevant to deliberations under this section. (g) GAG REPORT.— Not later than February 1, 2002, the Comptroller General shall submit to Congress a report on the implementation by the Department of Energy of the provisions of this section and of the effectiveness of the program under this section in assisting Department of Energy contractor employees in obtaining compensation for occupational illness.
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